Guillang Vs Bedania and Silva

4.
G.R. No. 162987 May 21, 2009

SOFIA M. GUILLANG, represented by SUSAN GUILLANG-CABATBAT, REYNALDO, GERARDO, BIENVENIDO,
DAWNA, and NELLIE, all surnamed GUILLANG, GENARO GUILLANG, JOSE DIGNADICE, and ALVIN
LLANILLO, Petitioners,
vs.
RODOLFO BEDANIA and RODOLFO DE SILVA, Respondents.
Facts:
Petitioner Genaro M. Guillang (Genaro) was driving his brand new Toyota Corolla in Cavite. Genaro,
Antero Guillang (Antero), Felipe Jurilla, Jose Dignadice (Dignadice), and Alvin Llanillo (Llanillo) had
all just left from Golden City, Dasmariñas, Cavite, and were on their way to Manila. At the other side
of the highway, respondent Rodolfo A. Bedania (Bedania) was driving a ten-wheeler Isuzu cargo
truck towards Tagaytay City. The truck was owned by respondent Rodolfo de Silva (de Silva).
Along the highway and the road leading to the Orchard Golf Course, Bedania negotiated a U-turn.
When the truck entered the opposite lane of the highway, Genaro’s car hit the right portion of the
truck. The truck dragged Genaro’s car some five meters to the right of the road.
As a consequence, all the passengers of the car were rushed to the De La Salle University Medical
Center in Dasmariñas, Cavite for treatment. Because of severe injuries, Antero was later transferred
to the Philippine General Hospital. However, on 3 November 1994, Antero died due to the injuries he
sustained from the collision. The car was a total wreck while the truck sustained minor damage.
On 24 April 1995, petitioners Genaro, Llanillo, Dignadice, and the heirs of Antero 5 instituted a
complaint for damages based on quasi-delict against respondents Bedania and de Silva.
On 5 December 2000, the trial court rendered a decision in favor of petitioners. The trial court found
Bedania grossly negligent for recklessly maneuvering the truck by making a sudden U-turn in the
highway without due regard to traffic rules and the safety of other motorists. The trial court also
declared de Silva grossly negligent in the selection and supervision of his driver, Bedania.
On 3 June 2003, the Court of Appeals rendered its decision in favor of respondents.
Issue:
What are the damages, the victims are entitiled to?
Held:
According to prevailing jurisprudence, civil indemnity for death caused by a quasi-delict is pegged at
₱50,000.41 Moral damages in the amount of ₱50,000 is also awarded to the heirs of the deceased
taking into consideration the pain and anguish they suffered. 42 Bienvenido Guillang (Bienvenido),
Antero’s son, testified that Sofia, Antero’s wife and his mother, became depressed after Antero’s
death and that Sofia died a year after. 43 Bienvenido also testified on the pain and anguish their family
suffered as a consequence of their father’s death. 44 We sustain the trial court’s award of ₱50,000 as
indemnity for death and ₱50,000 as moral damages to the heirs of Antero.
As to funeral and burial expenses, the court can only award such amount as are supported by
proper receipts.45 In this case, petitioners proved funeral and burial expenses of ₱55,000 as
evidenced by Receipt No. 1082, 46 ₱65,000 as evidenced by Receipt No. 1146 47 and ₱15,000 as
evidenced by Receipt No. 1064,48 all issued by the Manila South Cemetery Association, Inc.,
aggregating ₱135,000. We reduce the trial court’s award of funeral and burial expenses from
₱185,000 to ₱135,000.
As to hospitalization expenses, only substantiated and proven expenses, or those that appear to
have been genuinely incurred in connection with the hospitalization of the victims will be recognized
in court.49 In this case, the trial court did not specify the amount of hospitalization expenses to be
awarded to the petitioners. Since petitioners presented receipts for hospitalization expenses during
the trial, we will determine the proper amounts to be awarded to each of them. We award
hospitalization expenses of ₱27,000.98 to the heirs of Antero, 50 ₱10,881.60 to Llanillo,51 ₱5,436.77 to
Dignadice,52 and ₱300 to Genaro53 because these are the amounts duly substantiated by receipts.
We affirm the trial court’s award of ₱508,566.03 for the repair of the car. The Court notes that there
is no dispute that Genaro was driving a brand new Toyota Corolla GLI sedan and that, after the
collision, the car was a total wreck. In this case, the repair order presented by Genaro is sufficient
proof of the damages sustained by the car.54 1avvphi1 .zw+
Moral damages may be recovered in quasi-delicts causing physical injuries. 55 However, in

accordance with prevailing jurisprudence, we reduce the award of moral damages from ₱50,000 to
₱30,000 each to Llanillo, Dignadice, and Genaro since they only suffered physical injuries brought
about by the collision.56
In quasi-delicts, exemplary damages may be granted if the defendant acted with gross
negligence.57 While the amount of exemplary damages need not be proved, the plaintiff must show
that he is entitled to moral, temperate or compensatory damages before the court may consider the
question of whether or not exemplary damages should be awarded. 58 In this case, Bedania was
grossly negligent in suddenly making a U-turn in the highway without signal lights. To serve as an
example for the public good, we affirm the trial court’s award of exemplary damages in the amount of
₱50,000.
Finally, we affirm the trial court’s award of attorney’s fees in the amount of ₱100,000. Under Article
2208 of the Civil Code, attorney’s fees may be recovered when, as in this case, exemplary damages
are awarded.
WHEREFORE, we REVERSE the 3 June 2003 Decision and 23 March 2004 Resolution of the Court
of Appeals in CA-G.R. CV No. 69289. We REINSTATE with MODIFICATIONS the 5 December
2000 Decision of the Regional Trial Court, Branch 30, Manila. We ORDER Rodolfo Bedania and
Rodolfo de Silva, jointly and severally, to pay the following amounts:
1. Funeral and Burial Expenses of ₱135,000 to the heirs of Antero Guillang;
2. Hospitalization Expenses of ₱27,000.98 to the heirs of Antero Guillang, ₱10,881.60 to

Alvin Llanillo, ₱5,436.77 to Jose Dignadice, and ₱300 to Genaro Guillang; and
3. Moral damages of ₱30,000 each to Alvin Llanillo, Jose Dignadice, and Genaro Guillang.

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4.

G.R. No. 162987 May 21, 2009

What are the damages, the victims are entitiled to?

Moral damages may be recovered in quasi-delicts causing physical injuries. 55 However, in

1. Funeral and Burial Expenses of ₱135,000 to the heirs of Antero Guillang;

2. Hospitalization Expenses of ₱27,000.98 to the heirs of Antero Guillang, ₱10,881.60 to

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