G.R. No. 240066. June 13, 2022.
GERRY S. FEGARIDO AND LINALIE A. MILAN, PETITIONERS, VS. ALMARINA S. ALCANTARA, CYNTHIA A. DE VERA, YOLANDA A. TAYAG, CRISTY SUSAN A. DE GUZMAN, JESSIE S. ALCANTARA, EMILIE A. VELANCIO, JUDITH A. RAGUINGAN, CHARLIE S. ALCANTARA, ALL SUING AS HEIRS OF THEIR DECEASED MOTHER CRISTINA S. ALCANTARA (VICTIM), AND ALL REPRESENTED BY THEIR ATTORNEY-IN-FACT AND CO-PLAINTIFF, CHARLIE S. ALCANTARA, RESPONDENTS.

FACTS

On October 15, 2008, Cristina S. Alcantara was hit by a public utility jeepney driven by petitioner Gerry S. Fegarido while she was crossing a street in Olongapo City. She died from her injuries three days later. Fegarido was charged with reckless imprudence resulting in homicide before the Municipal Trial Court in Cities (MTCC). Meanwhile, the heirs of Alcantara filed a separate civil action for damages against Fegarido and Linalie A. Milan, the registered owner of the jeepney, before the Regional Trial Court (RTC). The MTCC acquitted Fegarido of the criminal charge, finding insufficient evidence to prove his criminal liability beyond reasonable doubt. However, the RTC, in the civil case, found Fegarido negligent and held him and Milan solidarily liable for damages. The Court of Appeals affirmed the RTC’s decision. Petitioners Fegarido and Milan filed this Petition for Review on Certiorari, arguing that Fegarido’s acquittal negates civil liability and that the findings of negligence were based on presumptions without factual basis.

ISSUE

1. Whether the Court of Appeals erred in affirming the RTC Decision finding petitioner Gerry S. Fegarido liable for negligence.
2. Whether the Court of Appeals erred in affirming the RTC Decision finding petitioner Linalie A. Milan vicariously liable for Fegarido’s negligence.
3. Whether the Court of Appeals erred in ordering petitioners to pay actual, moral, and exemplary damages, and attorney’s fees and litigation expenses.

RULING

The Supreme Court denied the petition.
1. On Fegarido’s Liability for Negligence: The Court held that the issue of negligence is a question of fact, and findings of the RTC and Court of Appeals are binding and conclusive. The acquittal in the criminal case, based on failure to prove guilt beyond reasonable doubt, does not bar a finding of civil liability based on quasi-delict, which only requires preponderance of evidence. The RTC and Court of Appeals correctly found Fegarido negligent based on the testimonies of witnesses (a traffic enforcer, a physician, and a security guard). The evidence showed that Fegarido, starting from a full stop, accelerated fast (“pina-arangkada”) while making a left turn, causing the jeepney to sideswipe the victim, and he stepped hard on the brakes, producing a screeching sound, indicating excessive speed. This gross negligence was the proximate cause of Alcantara’s death.
2. On Milan’s Vicarious Liability: The Court affirmed that Milan, as the registered owner and employer of Fegarido, is solidarily liable for the damages caused by her employee’s negligence under Article 2180 of the Civil Code. Milan failed to prove she exercised the diligence of a good father of a family in the selection and supervision of her employee. She entrusted these duties to her husband, who tested Fegarido’s driving skills only once, which did not constitute the required due diligence.
3. On the Award of Damages: The Court sustained the awards. Actual damages of Php 138,591.00 were supported by receipts. Moral damages of Php 100,000.00 were warranted for the mental anguish suffered by the heirs due to the victim’s sudden death. Exemplary damages of Php 50,000.00 were proper due to Fegarido’s gross negligence. Attorney’s fees and litigation expenses of Php 40,000.00 were awarded as respondents were compelled to litigate. All monetary awards shall earn legal interest at 6% per annum from the finality of the decision until full payment.