GR 144723; (February, 2006) (Digest)
G.R. No. 144723 ; February 27, 2006
LARRY ESTACION, Petitioner, vs. NOE BERNARDO, thru and his guardian ad litem ARLIE BERNARDO, CECILIA BANDOQUILLO and GEMINIANO QUINQUILLERA, Respondents.
FACTS
On October 16, 1982, respondent Noe Bernardo was a passenger on a Ford Fiera jeepney owned by Cecilia Bandoquillo and driven by Geminiano Quinquillera. After giving his seat to another passenger, Bernardo stood on the vehicle’s left rear carrier. While the jeepney was stopped on the road’s right shoulder to pick up passengers, it was struck from behind by an Isuzu cargo truck owned by petitioner Larry Estacion and driven by Bienvenido Gerosano. The impact crushed Bernardo’s legs, leading to the amputation of his lower left leg. Police investigation revealed a single 48-foot skid mark from the truck’s right front wheel.
Bernardo filed a complaint for damages based on quasi-delict against Estacion and Gerosano. The driver Gerosano was also convicted in a related criminal case for reckless imprudence. The Regional Trial Court held Estacion and Gerosano solidarily liable for damages, dismissing their third-party complaint against the jeepney owner and driver. The Court of Appeals affirmed the decision.
ISSUE
Whether the negligence of petitioner Larry Estacion’s driver was the proximate cause of the accident, making Estacion vicariously liable for damages.
RULING
Yes. The Supreme Court affirmed the lower courts’ decisions, holding Gerosano’s negligence as the proximate cause of the accident. The police report and the single 48-foot skid mark indicated the truck was speeding and had defective brakes, as a properly functioning vehicle would have left two skid marks. Gerosano’s failure to maintain a safe distance and to properly control his vehicle constituted a breach of the required diligence.
Petitioner Estacion, as the employer, is vicariously liable under Article 2180 of the Civil Code. The defense of exercising due diligence in the selection and supervision of employees is a matter of proof, which Estacion failed to substantiate adequately. The Court found no compelling reason to deviate from the factual findings of the trial court and the Court of Appeals, which are accorded great weight and respect. Consequently, the solidary liability of Estacion and Gerosano for the damages awarded to Bernardo stands.