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    Heirs of Reinoso

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    Anna Marie Dayanghirang
    This document summarizes a court case regarding a fatal collision between a jeepney and a truck in Quezon City in 1979. The collision was caused by the truck driver suddenly swerving into the jeepney's lane to avoid a wooden barricade. The heirs of the deceased jeepney passenger sued the owners of both vehicles. The court held that the owner of the truck, Jose Guballa, failed to rebut the presumption of negligence against him. Specifically, Guballa did not provide sufficient evidence that he exercised due diligence in selecting and supervising his driver, as is required of employers. Checking vehicle parts and having helpers accompany trucks was not enough to demonstrate the level of care expected of a good father

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    Heirs of Reinoso

    Uploaded by

    Anna Marie Dayanghirang
    159 views3 pages
    This document summarizes a court case regarding a fatal collision between a jeepney and a truck in Quezon City in 1979. The collision was caused by the truck driver suddenly swerving into the jeepney's lane to avoid a wooden barricade. The heirs of the deceased jeepney passenger sued the owners of both vehicles. The court held that the owner of the truck, Jose Guballa, failed to rebut the presumption of negligence against him. Specifically, Guballa did not provide sufficient evidence that he exercised due diligence in selecting and supervising his driver, as is required of employers. Checking vehicle parts and having helpers accompany trucks was not enough to demonstrate the level of care expected of a good father

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    Heirs of Reinoso

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    This document summarizes a court case regarding a fatal collision between a jeepney and a truck in Quezon City in 1979. The collision was caused by the truck driver suddenly swerving into the jeepney's lane to avoid a wooden barricade. The heirs of the deceased jeepney passenger sued the owners of both vehicles. The court held that the owner of the truck, Jose Guballa, failed to rebut the presumption of negligence against him. Specifically, Guballa did not provide sufficient evidence that he exercised due diligence in selecting and supervising his driver, as is required of employers. Checking vehicle parts and having helpers accompany trucks was not enough to demonstrate the level of care expected of a good father

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    159 views3 pages

    Heirs of Reinoso

    Uploaded by

    Anna Marie Dayanghirang
    This document summarizes a court case regarding a fatal collision between a jeepney and a truck in Quezon City in 1979. The collision was caused by the truck driver suddenly swerving into the jeepney's lane to avoid a wooden barricade. The heirs of the deceased jeepney passenger sued the owners of both vehicles. The court held that the owner of the truck, Jose Guballa, failed to rebut the presumption of negligence against him. Specifically, Guballa did not provide sufficient evidence that he exercised due diligence in selecting and supervising his driver, as is required of employers. Checking vehicle parts and having helpers accompany trucks was not enough to demonstrate the level of care expected of a good father

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    HE HEIRS OF THE LATE RUBEN REINOSO, G.R. No.

    116121
    SR., represented by Ruben Reinoso Jr.,

    Petitioners,
    Present:

    CARPIO,* J.
    - versus -
    VELASCO, JR., Chairperson,

    PERALTA,

    ABAD, and

    MENDOZA, JJ.
    COURT OF APPEALS, PONCIANO TAPALES,
    JOSE GUBALLA, and FILWRITERS
    GUARANTY ASSURANCE
    CORPORATION,* *

    Respondent.

    Promulgated:

    July 18, 2011

    x -------------------------------------------------------------------------------------x

    MENDOZA, J.:

    Facts:

    Reinoso, the jeepney passenger, died as a result of the collision of a jeepney and a truck
    on June 14, 1979 at around 7:00 o’clock in the evening along E. Rodriguez Avenue, Quezon City.
    It was established that the primary cause of the injury or damage was the negligence of the
    truck driver who was driving it at a very fast pace. Based on the sketch and spot report of the
    police authorities and the narration of the jeepney driver and his passengers, the collision was
    brought about because the truck driver suddenly swerved to, and encroached on, the left side
    portion of the road in an attempt to avoid a wooden barricade, hitting the passenger jeepney as
    a consequence.

    The "gravel & sand" truck was running in high speed on the good portion of E. Rodriguez
    Avenue (lane 1 & 2) before the wooden barricade and (having in mind that it had just delivered
    its load at the Corinthian Gardens) so that when suddenly confronted with the wooden obstacle
    before it had to avoid the same in a manner of a reflex reaction or knee-jerk response by
    forthwith swerving to his left into the right lanes (lanes 3 & 4). At the time of the bumping, the
    jeepney was running on its right lane No. 4 and even during the moments before said bumping,
    moving at moderate speed.

    The passenger jeepney was owned by Ponciano Tapales and driven by Alejandro Santos,
    while the truck was owned by Jose Guballa and driven by Mariano Geronimo.
    On November 7, 1979, the heirs of Reinoso (petitioners) filed a complaint for damages against
    Tapales and Guballa. In turn, Guballa filed a third party complaint against Filwriters Guaranty
    Assurance Corporation (FGAC) under Policy Number OV-09527. On March 22, 1988, the RTC
    rendered a decision in favor of the petitioners and against Guballa. On appeal, the CA, in its
    Decision set aside and reversed the RTC decision and dismissed the complaint on the ground of
    non-payment of docket fees.

    Issue: WON Guballa was successful in proving due diligence of a good father of the family in
    hiring and supervising his employees

    Held: Yes. Guballa was not successful in rebutting the presumption of negligence.

    Whenever an employee’s negligence causes damage or injury to another, there instantly


    arises a presumption juris tantum that the employer failed to exercise diligentissimi patris
    families in the selection or supervision of his employee.23 Thus, in the selection of prospective
    employees, employers are required to examine them as to their qualification, experience and
    service record. With respect to the supervision of employees, employers must formulate
    standard operating procedures, monitor their implementation, and impose disciplinary
    measures for breaches thereof. These facts must be shown by concrete proof, including
    documentary evidence.

    As expected, defendant Jose Guballa, attempted to overthrow this presumption of


    negligence by showing that he had exercised the due diligence required of him by seeing to it
    that the driver must check the vital parts of the vehicle he is assigned to before he leaves the
    compound like the oil, water, brakes, gasoline, horn; and that Geronimo had been driving for
    him sometime in 1976 until the collision in litigation came about; that whenever his trucks gets
    out of the compound to make deliveries, it is always accompanied with two helpers. This was all
    which he considered as selection and supervision in compliance with the law to free himself
    from any responsibility. This Court then cannot consider the foregoing as equivalent to an
    exercise of all the care of a good father of a family in the selection and supervision of his driver
    Mariano Geronimo.

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