G.R. No. L-27355 October 28, 1969
Baltazar Saludares and Cresencia Saludares, plaintiffs-appellees, vs. Jose Martinez and Gregoria P. Martinez, defendants-appellants.

FACTS

On November 29, 1961, at about 11:55 a.m., Angel Abanilla, the chief mechanic of J. Martinez Transportation owned by defendants-appellants Jose and Gregoria Martinez, was driving Bus No. 206 to buy spare parts for the company. While on Plaridel Street, Davao City, the bus hit and sideswiped the bicycle of Rolando Saludares, the 14-year-old son of plaintiffs-appellees Baltazar and Cresencia Saludares. Rolando died on December 1, 1961, from the injuries sustained. Abanilla was convicted of homicide through simple negligence by the Municipal Court of Davao City, a conviction affirmed by the Court of Appeals, with the right to file a separate civil action reserved. Plaintiffs-appellees filed a civil action for damages against defendants-appellants as the owners/operators and employer of Abanilla. The Court of First Instance of Davao rendered a decision awarding damages to the plaintiffs. Defendants-appellants appealed directly to the Supreme Court, contesting their liability and the amount of damages.

ISSUE

The primary issue is whether defendants-appellants, as employers, are vicariously liable for the damages caused by their employee, Angel Abanilla, arising from the accident. A secondary issue involves the propriety of the awarded damages.

RULING

The Supreme Court affirmed the decision of the lower court, holding defendants-appellants liable. On the issue of liability, the Court ruled that the accident occurred while Abanilla was in the actual performance of his duties. Evidence showed he left the shop around 11:30 a.m. to buy spare parts, using the bus with his employer’s permission as the service jeep was unavailable. His continued employment post-accident indicated he did not violate company rules. Furthermore, under the doctrine from La Mallorca v. Court of Appeals, proof of the employee’s negligence gives rise to a presumption that the employer did not exercise the diligence of a good father of the family in selection and supervision. Defendants-appellants failed to overcome this presumption. The fact that Abanilla, a mechanic with only a provisional driver’s license, was allowed to drive a passenger bus indicated a lack of due diligence in supervision. On the issue of damages, the Court found the awards proper. The aggregate of P6,000 for death, P3,000 for moral damages, and P2,000 for attorney’s fees was within the reasonable amount recognized by jurisprudence. The other awards for transportation (P216), hospitalization (P1,622.50), and funeral expenses (P2,530.45) were sufficiently supported by evidence. The appeal was deemed devoid of merit.