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Arriesgado
G.R. No. 138060; September 1, 2004
Callejo, Sr. J.
Facts:
A cargo truck marked “Condor Hollow Blocks and General Merchandise” was loaded with
firewood in Cebu. While passing over a bridge on its way to its destination, one of its rear tires exploded.
The driver parked the truck along the right side of the national highway and removed the damaged tire to
have it vulcanized at a shop 700 meters away. He left his helper to watch over the truck and to place a
spare tire 6 fathoms away behind it as a warning to oncoming vehicles, while the truck’s tail lights were
left on at about 12 am midnight.
Around 4:45 am, a D’Rough Riders passenger bus where respondent spouses were riding
approached the bridge and saw the truck about 25m away. The bus driver applied the brakes and tried to
swerve to the left to avoid hitting the truck but it rammed into the left rear of the truck. The impact
damaged the right side of the bus and left several passengers injured. Pedro Arriesgado lost consciousness
and suffered a fracture in his right colles. His wife, Felisa, was brought to the Hospital where she died
shortly thereafter.
Respondent Arriesgado filed a complaint for breach of contract of carriage, damages, and
attorney’s fees before the RTC against the petitioner who was the operator of the bus and his driver,
alleging that the bus was cruising at a fast and high speed along the national road and did not take
precautionary measures to avoid the accident. Petitioner filed a Third-Party Complaint against Phoenix
Surety and Insurance, Inc (PPSII) as their insurer, the registered owner of the cargo truck and the driver of
the truck. Petitioner alleged that they were driving at a normal speed; that the truck was parked in a
slanted manner as its rear was almost in the middle of the highway; and that no early warning device was
displayed.
PPSII, for its part, admitted that it had an existing contract with petitioner Tiu, but averred that it
had already attended to and settled the claims of those who were injured during the incident. It could not
accede to the claim of respondent Arriesgado, as such claim was way beyond the scheduled indemnity as
contained in the contract of insurance.
The RTC ruled in favor of respondent Arriesgado, requiring the petitioners to pay moral,
exemplary and actual damages, including attorney’s fees and costs of suit; with the reason that had the
driver been driving slowly, it would not have any problem swerving away from the truck; that the absence
of the early warning device was not a proper excuse since the tail lights of the truck were open and that
the area was well lighted; and lastly he was not able to prove that he exercised the diligence of a good
father of a family in the selection and supervision of his employees. On appeal, the CA affirmed the
ruling of the RTC but reduced the award for exemplary and moral damages, hence this petition.
Issues/ Ruling: