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This case involves a collision between a taxi driven by Completo and a bicycle ridden by Albayda, an air force sergeant. Albayda suffered serious injuries in the accident. He sued Completo and Abiad, the owner of the taxi, for damages. The court found that Completo was negligent because he was speeding and did not slow down when approaching the intersection where the accident occurred. The court also found Abiad liable because he did not prove he exercised due diligence in selecting and supervising Completo as a driver. The court awarded Albayda moral and temperate damages but not actual damages or attorney's fees.
This case involves a collision between a taxi driven by Completo and a bicycle ridden by Albayda, an air force sergeant. Albayda suffered serious injuries in the accident. He sued Completo and Abiad, the owner of the taxi, for damages. The court found that Completo was negligent because he was speeding and did not slow down when approaching the intersection where the accident occurred. The court also found Abiad liable because he did not prove he exercised due diligence in selecting and supervising Completo as a driver. The court awarded Albayda moral and temperate damages but not actual damages or attorney's fees.
This case involves a collision between a taxi driven by Completo and a bicycle ridden by Albayda, an air force sergeant. Albayda suffered serious injuries in the accident. He sued Completo and Abiad, the owner of the taxi, for damages. The court found that Completo was negligent because he was speeding and did not slow down when approaching the intersection where the accident occurred. The court also found Abiad liable because he did not prove he exercised due diligence in selecting and supervising Completo as a driver. The court awarded Albayda moral and temperate damages but not actual damages or attorney's fees.
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 Heirs of Redentor Completo, and Elpidio Abiad v. Sgt. Amando exercise reasonable diligence. Albayda, Jr. He was overspeeding at the time he hit Albayda’s bicycle; he did 2010 / Nachura [Negilgence > Standard of conduct > Special not slow down even when he approached the intersection circumstance] Such negligence was the sole and proximate cause of the injuries sustained by Albayda Facts Albayda is a Master Sergeant of the PH Air Force, and It was proven that Albayda had the right of way since he reached Completo was the taxi driver of a Toyota Corolla which was owned by the intersection ahead of Completo Abiad. Albayda was riding a bike on his way to the office, when Completo’s taxi bumped and sideswept him, causing serious physical NCC 2180 cited – obligation imposed by NCC 2176 is demandable also injuries. He [Albayda] was brought to the PH Air Force General for those persons for whom one is responsible. Employers are liable for Hospital, but he was transferred to the AFP Medical Center because he damage caused by employees, but the responsibility ceases upon sustained a fracture and there was no orthopedic doctor available in proof that employers observed the diligence of the good father of the the first hospital. He was confined from 27 Aug 1997 to 11 Feb 1998, family in the selection and supervision of employees. The burden of and again in 23 Feb to 22 Mar 1998 [approx. 7 months]. 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 Conciliation before the barangay failed, so Albayda filed a complaint employee’s negligent acts is also primary and direct, owing to his own for physical injuries through reckless imprudence against Completo negligence in selecting and supervising them, and this liability attaches before the Office of the City Prosecutor of Pasay. Completo filed a even if the employer is not in the vehicle at the time of collision. counter-charge of damage to property through reckless imprudence against Albayda. The Office of the City Prosecutor recommended the In the selection of employees, employers are required to examine filing of an information for Albayda’s complaint, and Completo’s them as to their qualifications, experience, and service records. With complaint [against Albayda] was dismissed. Albayda manifested his respect to supervision, employers should formulate SOPs and monitor reservation to file a separate civil action for damages against Completo their implementation, and impose disciplinary measures for and Abiad. breaches. To establish these factors in a trial involving the issue of vicarious [secondary] liability, employers must submit concrete proof, Albayda alleged that Completo’s negligence is the proximate cause including documentary evidence. of the incident. He demanded the following damages and their respective amounts: Actual damages – 276,550; Moral damages – ABIAD’S EVIDENCE CONSISTED ENTIRELY OF TESTIMONIAL EVIDENCE, 600,000; Exemplary damages – 200,000; Attorney’s fees – 25,000 + AND THIS IS INSUFFICIENT TO OVERCOME THE LEGAL PRESUMPTION 1,000 per court appearance. THAT HE WAS NEGLIGENT IN THE SELECTION AND SUPERVISION OF COMPLETO. 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 On Damages side. He found Albayda lying on the road, holding his left leg, so he brought Albayda to PH Air Force General Hospital. Completo asserted CA rightfully deleted the award of actual damages because Albayda that he was an experienced driver, and that he already reduced his failed to present documentary evidence to establish the amount speed to 20km even before reaching the intersection. In contrast, incurred. Temperate damages may be recovered when the court finds Albayda rode his bicycle at high speed, causing him to lose control of that some pecuniary loss has been suffered but its amount cannot be the bicycle. Completo said that Albayda had no cause of action. proved with certainty. Moral damages are awarded in QDs causing physical injuries, so the award is proper. The award of attorney’s fees is Several people testified for each side, but here are some notes on deleted for failure to prove that petitioners acted in bad faith in the testimony of the owner of the taxi driver, Abiad. Abiad said that refusing to satisfy respondent’s just and valid claim. 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 4. 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 =