Heirs of Completo v. Albayda, Jr.

Heirs of Redentor Completo, and Elpidio Abiad v. Sgt. Amando Albayda, Jr.

2010 / Nachura [Negilgence > Standard of conduct > Special circumstance]

Facts

Albayda is a Master Sergeant of the PH Air Force, and Completo was the taxi driver of a Toyota Corolla which was owned by Abiad. Albayda was riding a bike on his way to the office, when Completo's taxi bumped and sideswept him, causing serious physical injuries. He [Albayda] was brought to the PH Air Force General Hospital, but he was transferred to the AFP Medical Center because he sustained a fracture and there was no orthopedic doctor available in the first hospital. He was confined from 27 Aug 1997 to 11 Feb 1998, and again in 23 Feb to 22 Mar 1998 [approx. 7 months].

     Conciliation before the barangay failed, so Albayda filed a complaint for physical injuries through reckless imprudence against Completo before the Office of the City Prosecutor of Pasay. Completo filed a counter-charge of damage to property through reckless imprudence against Albayda. The Office of the City Prosecutor recommended the filing of an information for Albayda's complaint, and Completo's complaint [against Albayda] was dismissed. Albayda manifested his reservation to file a separate civil action for damages against Completo and Abiad.

     Albayda alleged that Completo's negligence is the proximate cause of the incident. He demanded the following damages and their respective amounts: Actual damages - 276,550; Moral damages - 600,000; Exemplary damages - 200,000; Attorney's fees - 25,000 + 1,000 per court appearance. 

     On the other hand, Completo alleged that he was carefully driving the taxicab when he heard a strange sound from the taxicab's rear right side. He found Albayda lying on the road, holding his left leg, so he brought Albayda to PH Air Force General Hospital. Completo asserted that he was an experienced driver, and that he already reduced his speed to 20km even before reaching the intersection. In contrast, Albayda rode his bicycle at high speed, causing him to lose control of the bicycle. Completo said that Albayda had no cause of action.

     Several people testified for each side, but here are some notes on the testimony of the owner of the taxi driver, Abiad. Abiad said that aside from being a soldier, he also held franchises of taxicabs and passenger jeepneys, and being a taxicab operator, he would wake up early to personally check the taxicabs. When Completo applied as a taxicab driver, Abiad required him to show his bio-data, NBI clearance, and driver's license. Completo never figured in a vehicular accident since he was employed, and according to Abiad, he [Completo] was a good driver and good man.

     RTC rendered judgment in favor of Albayda, and the defendants are ordered to pay actual [46k] and moral [400k] damages, and attorney's fees [25k]. Upon appeal at the CA, the court affirmed RTC's decision with modifications [no more actual damages; awarded temperate damages [40k]; moral damages only 200k; Completo and Abiad are solidarily liable to pay Albayda; added legal interest].

Issues and Holding

1. WON CA erred in finding that Completo was the one who caused the collision. NO
2. WON Abiad failed to prove that he observed the diligence of a good father of the family. YES
3. WON the award of moral and temperate damages and attorney's fees for Albayda had no basis. NO / NO / YES

Ratio

On Negligence

It is a rule in negligence suits that the plaintiff has the burden of proving by a preponderance of evidence the motorist's breach in his duty of care owed to the plaintiff, that the motorist was negligent in failing to exercise the diligence required to avoid injury to the plaintiff, and that such negligence was the proximate cause of the injury suffered. NCC 2176 quoted, and said that the question of the motorist's negligence is a question of fact. Usually, more will be required of a motorist [25mi/hr = 37ft/sec] than a bicyclist [10mi/hr = 15ft/sec] in discharging the duty of care because of the physical advantages the former has over the latter.

It was proven by a preponderance of evidence that Completo failed to exercise reasonable diligence.

• He was overspeeding at the time he hit Albayda's bicycle; he did not slow down even when he approached the intersection
• Such negligence was the sole and proximate cause of the injuries sustained by Albayda
• It was proven that Albayda had the right of way since he reached the intersection ahead of Completo

NCC 2180 cited - obligation imposed by NCC 2176 is demandable also for those persons for whom one is responsible. Employers are liable for damage caused by employees, but the responsibility ceases upon proof that employers observed the diligence of the good father of the family in the selection and supervision of employees. The burden of proof is on the employer. The responsibility of two or more persons who are liable for QD is solidary. The employer's civil liability for his employee's negligent acts is also primary and direct, owing to his own negligence in selecting and supervising them, and this liability attaches even if the employer is not in the vehicle at the time of collision.

     In the selection of employees, employers are required to examine them as to their qualifications, experience, and service records. With respect to supervision, employers should formulate SOPs and monitor their implementation, and impose disciplinary measures for breaches. To establish these factors in a trial involving the issue of vicarious [secondary] liability, employers must submit concrete proof, including documentary evidence. 

ABIAD'S EVIDENCE CONSISTED ENTIRELY OF TESTIMONIAL EVIDENCE, AND THIS IS INSUFFICIENT TO OVERCOME THE LEGAL PRESUMPTION THAT HE WAS NEGLIGENT IN THE SELECTION AND SUPERVISION OF COMPLETO.

On Damages

CA rightfully deleted the award of actual damages because Albayda failed to present documentary evidence to establish the amount incurred. Temperate damages may be recovered when the court finds that some pecuniary loss has been suffered but its amount cannot be proved with certainty. Moral damages are awarded in QDs causing physical injuries, so the award is proper. The award of attorney's fees is deleted for failure to prove that petitioners acted in bad faith in refusing to satisfy respondent's just and valid claim.