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Victory Liner, Inc. v. Gammad
Victory Liner, Inc. v. Gammad
DECISION
YNARES-SANTIAGO , J : p
Assailed in this petition for review on certiorari is the April 11, 2003 decision 1 of the
Court of Appeals in CA-G.R. CV No. 63290 which a rmed with modi cation the November
6, 1998 decision 2 of the Regional Trial Court of Tuguegarao, Cagayan, Branch 5 nding
petitioner Victory Liner, Inc. liable for breach of contract of carriage in Civil Case No. 5023.
The facts as testi ed by respondent Rosalito Gammad show that on March 14,
1996, his wife Marie Grace Pagulayan-Gammad, 3 was on board an air-conditioned Victory
Liner bus bound for Tuguegarao, Cagayan from Manila. At about 3:00 a.m., the bus while
running at a high speed fell on a ravine somewhere in Barangay Baliling, Sta. Fe, Nueva
Vizcaya, which resulted in the death of Marie Grace and physical injuries to other
passengers. 4
On May 14, 1996, respondent heirs of the deceased led a complaint 5 for damages
arising from culpa contractual against petitioner. In its answer, 6 the petitioner claimed that
the incident was purely accidental and that it has always exercised extraordinary diligence
in its 50 years of operation.
After several re-settings, 7 pre-trial was set on April 10, 1997. 8 For failure to appear
on the said date, petitioner was declared as in default. 9 However, on petitioner's motion 1 0
to lift the order of default, the same was granted by the trial court. 1 1
At the pre-trial on May 6, 1997, petitioner did not want to admit the proposed
stipulation that the deceased was a passenger of the Victory Liner Bus which fell on the
ravine and that she was issued Passenger Ticket No. 977785. Respondents, for their part,
did not accept petitioner's proposal to pay P50,000.00. 1 2
After respondent Rosalito Gammad completed his direct testimony, cross-
examination was scheduled for November 17, 1997 1 3 but moved to December 8, 1997, 1 4
because the parties and the counsel failed to appear. On December 8, 1997, counsel of
petitioner was absent despite due notice and was deemed to have waived right to cross-
examine respondent Rosalito. 1 5
Petitioner's motion to reset the presentation of its evidence to March 25, 1998 1 6
was granted. However, on March 24, 1998, the counsel of petitioner sent the court a
telegram 1 7 requesting postponement but the telegram was received by the trial court on
March 25, 1998, after it had issued an order considering the case submitted for decision
for failure of petitioner and counsel to appear. 1 8
On November 6, 1998, the trial court rendered its decision in favor of respondents,
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the dispositive portion of which reads:
WHEREFORE, premises considered and in the interest of justice, judgment
is hereby rendered in favor of the plaintiffs and against the defendant Victory
Liner, Incorporated, ordering the latter to pay the following:
1. Actual Damages P122,000.00
2. Death Indemnity 50,000.00
3. Exemplary and Moral Damages 400,000.00
4. Compensatory Damages 1,500,000.00
5. Attorney's Fees 10% of the total amount
granted
6. Cost of the Suit.
SO ORDERED. 1 9
On appeal by petitioner, the Court of Appeals a rmed the decision of the trial court
with modification as follows:
[T]he Decision dated 06 November 1998 is hereby MODIFIED to re ect that
the following are hereby adjudged in favor of plaintiffs-appellees:
The court a quo's judgment of the cost of the suit against defendant-
appellant is hereby AFFIRMED.
SO ORDERED. 2 0
Represented by a new counsel, petitioner on May 21, 2003 led a motion for
reconsideration praying that the case be remanded to the trial court for cross-examination
of respondents' witness and for the presentation of its evidence; or in the alternative,
dismiss the respondents' complaint. 2 1 Invoking APEX Mining, Inc. v. Court of Appeals , 2 2
petitioner argues, inter alia, that the decision of the trial court should be set aside because
the negligence of its former counsel, Atty. Antonio B. Paguirigan, in failing to appear at the
scheduled hearings and move for reconsideration of the orders declaring petitioner to
have waived the right to cross-examine respondents' witness and right to present
evidence, deprived petitioner of its day in court.
On August 21, 2003, the Court of Appeals denied petitioner's motion for
reconsideration. 2 3
Hence, this petition for review principally based on the fact that the mistake or gross
negligence of its counsel deprived petitioner of due process of law. Petitioner also argues
that the trial court's award of damages were without basis and should be deleted.
The issues for resolution are: (1) whether petitioner's counsel was guilty of gross
negligence; (2) whether petitioner should be held liable for breach of contract of carriage;
and (3) whether the award of damages was proper.
To cater to petitioner's arguments and reinstate its petition for relief from
judgment would put a premium on the negligence of its former counsel and
encourage the non-termination of this case by reason thereof. This is one case
where petitioner has to bear the adverse consequences of its counsel's act, for a
client is bound by the action of his counsel in the conduct of a case and he
cannot thereafter be heard to complain that the result might have been different
had his counsel proceeded differently. The rationale for the rule is easily
discernible. If the negligence of counsel be admitted as a reason for opening
cases, there would never be an end to a suit so long as a new counsel could be
hired every time it is shown that the prior counsel had not been su ciently
diligent, experienced or learned. 3 1
Here, the trial court and the Court of Appeals computed the award of compensatory
damages for loss of earning capacity only on the basis of the testimony of respondent
Rosalito that the deceased was 39 years of age and a Section Chief of the Bureau of
Internal Revenue, Tuguegarao District O ce with a salary of P83,088.00 per annum when
she died. 4 1 No other evidence was presented. The award is clearly erroneous because the
deceased's earnings does not fall within the exceptions.
However, the fact of loss having been established, temperate damages in the
amount of P500,000.00 should be awarded to respondents. Under Article 2224 of the Civil
Code, temperate or moderate damages, which are more than nominal but less than
compensatory damages, may be recovered when the court nds that some pecuniary loss
has been suffered but its amount can not, from the nature of the case, be proved with
certainty.
I n Pleno v. Court of Appeals , 4 2 the Court sustained the trial court's award of
P200,000.00 as temperate damages in lieu of actual damages for loss of earning capacity
because the income of the victim was not sufficiently proven, thus —
The trial court based the amounts of damages awarded to the petitioner on
the following circumstances:
xxx xxx xxx
"As to the loss or impairment of earning capacity, there is no doubt
that Pleno is an ent[re]preneur and the founder of his own corporation, the
Mayon Ceramics Corporation. It appears also that he is an industrious and
resourceful person with several projects in line, and were it not for the
incident, might have pushed them through. On the day of the incident,
Pleno was driving homeward with geologist Longley after an ocular
inspection of the site of the Mayon Ceramics Corporation. His actual
income however has not been su ciently established so that this Court
cannot award actual damages, but, an award of temperate or moderate
damages may still be made on loss or impairment of earning capacity.
That Pleno sustained a permanent deformity due to a shortened left leg
and that he also suffers from double vision in his left eye is also
established. Because of this, he suffers from some inferiority complex and
is no longer active in business as well as in social life. In similar cases as
in Borromeo v. Manila Electric Railroad Co. , 44 Phil 165; Coriage, et al. v.
LTB Co., et al., L-11037, Dec. 29, 1960, and in Araneta, et al. v. Arreglado, et
al., L-11394, Sept. 9, 1958, the proper award of damages were given."
xxx xxx xxx
We rule that the lower court's awards of damages are more consonant with
the factual circumstances of the instant case. The trial court's ndings of facts
are clear and well-developed. Each item of damages is adequately supported by
evidence on record.
Article 2224 of the Civil Code was likewise applied in the recent cases of People v.
Singh and People v. Almedilla , 4 4 to justify the award of temperate damages in lieu of
43
damages for loss of earning capacity which was not substantiated by the required
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documentary proof. SEHDIC
Anent the award of moral damages, the same cannot be lumped with exemplary
damages because they are based on different jural foundations. 4 5 These damages are
different in nature and require separate determination. 4 6 In culpa contractual or breach of
contract, moral damages may be recovered when the defendant acted in bad faith or was
guilty of gross negligence (amounting to bad faith) or in wanton disregard of contractual
obligations and, as in this case, when the act of breach of contract itself constitutes the
tort that results in physical injuries. By special rule in Article 1764 in relation to Article
2206 of the Civil Code, moral damages may also be awarded in case the death of a
passenger results from a breach of carriage. 4 7 On the other hand, exemplary damages,
which are awarded by way of example or correction for the public good may be recovered
in contractual obligations if the defendant acted in wanton, fraudulent, reckless,
oppressive, or malevolent manner. 4 8
In the instant case, petitioner should be held liable for payment of interest as
damages for breach of contract of carriage. Considering that the amounts payable by
petitioner has been determined with certainty only in the instant petition, the interest due
shall be computed upon the nality of this decision at the rate of 12% per annum until
satisfaction, per paragraph 3 of the aforecited rule. 5 7
WHEREFORE, in view of all the foregoing, the petition is partially granted. The April
11, 2003 decision of the Court of Appeals in CA-G.R. CV No. 63290, which modi ed the
decision of the Regional Trial Court of Tuguegarao, Cagayan in Civil Case No. 5023, is
AFFIRMED with MODIFICATION. As modi ed, petitioner Victory Liner, Inc., is ordered to
pay respondents the following: (1) P50,000.00 as indemnity for the death of Marie Grace
Pagulayan-Gammad; (2) P100,000.00 as moral damages; (3) P100,000.00 as exemplary
damages; (4) P78,160.00 as actual damages; (5) P500,000.00 as temperate damages; (6)
10% of the total amount as attorneys fees; and the costs of suit. aDHCcE
Furthermore, the total amount adjudged against petitioner shall earn interest at the
rate of 12% per annum computed from the finality of this decision until fully paid.
SO ORDERED.
Quisumbing, Carpio and Azcuna, JJ ., concur.
Davide, Jr., C .J ., is on official leave.
Footnotes
1. Rollo, p. 57. Penned by Associate Justice Andres B. Reyes, Jr. and concurred in by
Associate Justices Eugenio S. Labitoria and Regalado E. Maambong.
2. Rollo, p. 135. Penned by Judge Rolando L. Salacup.
3. Mother of the other respondents (TSN, 1 July 1997, p. 8).
4. TSN, 1 July 1997, pp. 4–6.
5. Records, p. 1.
13. Originally set on August 13, 1997 (Records, p. 36), but was rescheduled by the trial
court to November 17, 1997 (Records, p. 38).
33. Producers Bank of the Philippines v. Court of Appeals, 430 Phil. 812, 830 (2002).
34. Baliwag Transit, Inc. v. Court of Appeals, 326 Phil. 762, 768 (1996).
(3) The spouse, legitimate and illegitimate descendants and ascendants of the
deceased may demand moral damages for mental anguish by reason of the death of the
deceased.
37. Tiu v. Arriesgado, G.R. No. 138060, 1 September 2004.
38. People v. Oco, G.R. Nos. 137370-71, 29 September 2003, 412 SCRA 190, 222.
39. Supra.
40. G.R. Nos. 116224-27, 28 March 2003, 400 SCRA 67, 84-85.
41. TSN, 1 July 1997, p. 8.
42. G.R. No. L-56505, 9 May 1988, 161 SCRA 208, 224–225.
43. 412 Phil. 842, 859 (2001). In this case, the Court awarded P200,000.00 temperate
damages in place of the P5,760,000.00 awarded by the trial court as damages for loss
of earning capacity of the deceased because the prosecution did not present the best
evidence to prove the deceased's income.
44. G.R. No. 150590, 21 August 2003, 409 SCRA 428, 433. Here, the Court did not compute
damages for loss of earning capacity on the basis of the widow's testimony that his
deceased husband was earning P22,000.00 a month and P10,000.00 from his sideline.
Instead, the widow was awarded P25,000.00 as temperate damages.
45. People v. Trapane, 436 Phil. 671, 682 (2002).
46. People v. Astudillo, G.R. No. 141518, 29 April 2003, 401 SCRA 723, 739.
47. Expertravel & Tours, Inc. v. Court of Appeals, 368 Phil. 444, 448–449 (1999).
48. Yobido v. Court of Appeals, 346 Phil. 1, 13 (1997).
49. Id.
50. Fortune Express, Inc. v. Court of Appeals, 364 Phil. 480, 496 (1999).
51. G.R. No. 141217, 26 September 2003, 412 SCRA 131, 139.
52. Records, p. 53.
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53. Id., p. 49.
54. Exhibit "C", Exhibit "D", Exhibit "E", Records, pp. 47–48; Exhibit "G" and Exhibit "H",
Records, pp. 50–51.
55. ART. 2208. In the absence of stipulation, attorney's fees and expenses of litigation,
other than judicial costs, cannot be recovered, except: