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    GSIS vs. CA

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    Oscar E Valero
    case digest

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    GSIS vs. CA

    Uploaded by

    Oscar E Valero
    31 views1 page
    case digest

    Original Title

    65. GSIS vs. CA

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    31 views1 page

    GSIS vs. CA

    Uploaded by

    Oscar E Valero
    case digest

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 1

    65. GSIS v. COURT OF APPEALS, ET AL.

    G.R. No. 101439 June 21, 1999


    Facts: A Chevrolet truck owned by National Food Authority (NFA) and insured by
    GSIS with Compulsory Motor Vehicle Liability Insurance (CMVLI) while driven
    by Guillermo Corbeta collided with Toyota Tamaraw used as PUV and insured by
    Mabuhay Insurance and Guaranty Co. (MIGC) with CVMLI. As a result some of
    the passengers of the PUV died and sustained physical injuries the Tamaraw was
    totally wrecked. Of the three cases filed, two were against NFA and GSIS which
    were later consolidated by the trial court. The RTC renders decision holding
    MIGC, Guillermo Corbeta, NFA and GSIS to pay jointly and severally the
    plaintiffs.
    Issue: Whether or not GSIS solidarily liable with the negligent insured/owneroperator of the Chevrolet truck for damages awarded to private respondents?
    Held: Petitioners position insofar as joint liability is concerned is not tenable. It is
    now established that the injured or the heirs of a deceased victim of a vehicular
    accident may sue directly the insurer of the vehicle. However The insurer could be
    held liable only up to the extent of what was provided for by the contract of
    insurance, in accordance with CMVLI law. At the time of the incident, the
    schedule of indemnities for death and/or bodily injuries, professional fees, hospital
    and other charges payable under a CMVLI coverage was provided under the
    Insurance Memorandum Circular (IMC) No. 5-78 which was approved on
    November 10, 1978. As therein provided, the maximum indemnity for death was
    twelve thousand (P12,000.00) pesos per victim. 22 The schedules for medical
    expenses were also provided by said IMC, specifically in paragraphs (C) to (G).

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