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    Philtranco Service Enterprises Inc. vs. Court of Appeals

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    Kye Garcia
    A man was riding his bicycle along a street in Calbayog City when a bus being pushed to start its engine suddenly lurched forward, running over and killing the man. The trial court ordered the bus company, Philtranco, to pay damages to the victim's family. The Court of Appeals affirmed this decision. The Supreme Court partially granted Philtranco's petition, finding that some of the damages awarded lacked sufficient basis and were excessive. It reduced the death indemnity to P50,000, moral damages to P50,000, exemplary damages to P50,000, and attorney's fees to P25,000.

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    Philtranco Service Enterprises Inc. vs. Court of Appeals

    Uploaded by

    Kye Garcia
    216 views1 page
    A man was riding his bicycle along a street in Calbayog City when a bus being pushed to start its engine suddenly lurched forward, running over and killing the man. The trial court ordered the bus company, Philtranco, to pay damages to the victim's family. The Court of Appeals affirmed this decision. The Supreme Court partially granted Philtranco's petition, finding that some of the damages awarded lacked sufficient basis and were excessive. It reduced the death indemnity to P50,000, moral damages to P50,000, exemplary damages to P50,000, and attorney's fees to P25,000.

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    A man was riding his bicycle along a street in Calbayog City when a bus being pushed to start its engine suddenly lurched forward, running over and killing the man. The trial court ordered the bus company, Philtranco, to pay damages to the victim's family. The Court of Appeals affirmed this decision. The Supreme Court partially granted Philtranco's petition, finding that some of the damages awarded lacked sufficient basis and were excessive. It reduced the death indemnity to P50,000, moral damages to P50,000, exemplary damages to P50,000, and attorney's fees to P25,000.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    216 views1 page

    Philtranco Service Enterprises Inc. vs. Court of Appeals

    Uploaded by

    Kye Garcia
    A man was riding his bicycle along a street in Calbayog City when a bus being pushed to start its engine suddenly lurched forward, running over and killing the man. The trial court ordered the bus company, Philtranco, to pay damages to the victim's family. The Court of Appeals affirmed this decision. The Supreme Court partially granted Philtranco's petition, finding that some of the damages awarded lacked sufficient basis and were excessive. It reduced the death indemnity to P50,000, moral damages to P50,000, exemplary damages to P50,000, and attorney's fees to P25,000.

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

    PHILTRANCO SERVICE ENTERPRISES, INC. vs.

    COURT OF APPEALS
    G.R. NO. 120553 (JUNE 17, 1997)

    FACTS:
    On March 24, 1990, about 6:00 o’clock in the morning, Ramon A. Acuesta was riding in
    his easy rider bicycle along Gomez Street in Calbayog City. In a perpendicular street –
    Magsaysay Boulevard, Rogaciones Manilhig y Dolira was a driving a bus (no.4025) of
    Philtranco. The bus was being pushed by some persons in order to start its engine.

    As the engine of the Philtranco bus started abruptly and suddenly, its running motion was
    enhanced by the functioning engine and resulted to Ramon A. Acuesta to be ran over. P/Sgt.
    Yabao was jogging thru Gomez Street and was heading to meet the victim Ramon Acuesta when
    he saw the Philtranco bus being pushed, its engine starting and the bus bumping and running
    over the victim. He jumped into the bus to order the driver to stop but it still ran a distance of
    about 15 meters from the scene of the accident.

    Petitioners alleged that Philtranco exercised due diligence of a good father of a family
    including the selection and supervision of its employee – Manilhig who had an excellent record
    as a driver, religiously observing traffic rules and regulations. They further claimed that it was
    negligence of the victim in overtaking two tricycles, without taking precautions such as seeing
    first that the road was clear that had caused the death of the victim.

    The trial court handed down a decision ordering the petitioners to jointly and severally
    pay the private respondent P55, 615.75 as actual damages, P200,000 as death indemnity for the
    death of the victim, P1M as moral damages, P500,000 as exemplary damages and P50,000 as
    attorney’s fees.

    The CA affirmed the decision of the trial court. It held that the petitioners was not denied
    due process. The Doctrine of Last Chance theorized is inapplicable because under the premises
    because the victim, who was bumped from behind, obviously, did not of course anticipate a
    Philtranco bus being pushed from a perpendicular street. The respondent court sustained the
    awards of moral and exemplary damages and attorney’s fees under Articles 2206, 2231 and 2208
    of the Civil Code.

    ISSUES:
    Whether or not the CA erred in awarding damages to respondents and/or in not finding
    the trial court’s award of damages excessive.

    HELD:
    There is, however, merit in the third imputed error. The trial intended the award of
    P200,000 as death indemnity not as compensation loss of earning capacity. There is no evidence
    on the victim’s earning capacity and life expectancy. The moral damages of P1M for moral
    damages has no sufficient basis and is excessive and unreasonable based solely on the testimony
    of one of the heirs. The award of P500,000 for exemplary damages is also excessive. In
    quasi0delicts, exemplary damages may be awarded if the party at fault acted with gross
    negligence.

    Petition is partially granted and the challenged decision is AFFIRMED. Death


    indemnity P50,000; moral damages P50,000; exemplary damages P50,000; attorney’s fees
    P25,000.

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