1) The RTC found petitioner's driver, Margarito Avila, guilty of simple negligence for the accident that resulted in the death of respondent's husband and injuries to respondent. The CA affirmed with modification to damages.
2) The Supreme Court ruled that Avila was negligent for not taking precautions like slowing down when he saw the motorcycle, instead veering left and hitting the motorcycle and a parked jeep.
3) Petitioner failed to prove it exercised due diligence in selecting and supervising Avila, as it did not sufficiently ensure he had proper discipline and conduct, concentrating only on his driving abilities.
1) The RTC found petitioner's driver, Margarito Avila, guilty of simple negligence for the accident that resulted in the death of respondent's husband and injuries to respondent. The CA affirmed with modification to damages.
2) The Supreme Court ruled that Avila was negligent for not taking precautions like slowing down when he saw the motorcycle, instead veering left and hitting the motorcycle and a parked jeep.
3) Petitioner failed to prove it exercised due diligence in selecting and supervising Avila, as it did not sufficiently ensure he had proper discipline and conduct, concentrating only on his driving abilities.
1) The RTC found petitioner's driver, Margarito Avila, guilty of simple negligence for the accident that resulted in the death of respondent's husband and injuries to respondent. The CA affirmed with modification to damages.
2) The Supreme Court ruled that Avila was negligent for not taking precautions like slowing down when he saw the motorcycle, instead veering left and hitting the motorcycle and a parked jeep.
3) Petitioner failed to prove it exercised due diligence in selecting and supervising Avila, as it did not sufficiently ensure he had proper discipline and conduct, concentrating only on his driving abilities.
CA affirmed the decision with modification in the award of
Case No. 17 damages. QUASI-DELICT Philippine Hawk Corporation vs. Vivian Tan Lee ISSUE: Whether or not negligence may be attributed to petitioner’s 612 SCRA 576 driver, and whether negligence on his part was the proximate cause of the accident, resulting in the death of Silvino Tan and physical injuries to FACTS: Vivian Tan Lee filed before the RTC of Quezon City a respondent. Complaint against Philippine Hawk Corporation and Margarito Avila for damages based on quasi-delict, arising from a vehicular accident RULING: YES. Petitioner contends that the CA was mistaken in stating which resulted in the death (cerebral hemorahage) of respondent’s that the bus driver saw respondent’s motorcycle "about 15 meters husband, Silvino Tan, and caused respondent physical injuries. away" before the collision, because the said distance, as testified to by its witness Efren Ong, was Ong’s distance from the bus, and not the distance Respondent testified that she and her husband were riding on their of the bus from the motorcycle. NEVERTHELESS, this fact does not affect motorcycle. They came from the Pasumbal Machine Shop, where they the finding of the trial court that petitioner’s bus driver, Margarito Avila, inquired about the repair of their tanker. They were on a stop position at was guilty of simple negligence. the side of the highway; and when they were about to make a turn, she saw a bus running at fast speed coming toward them, and then the bus Foreseeability is the fundamental test of negligence. To be negligent, hit a jeep parked on the roadside, and their motorcycle as well. a defendant must have acted or failed to act in such a way that an ordinary reasonable man would have realized that certain interests of Petitioner denied liability for the vehicular accident, alleging that the certain persons were unreasonably subjected to a general but definite immediate and proximate cause of the accident was the recklessness or class of risks. lack of caution of Silvino Tan. Petitioner asserted that it exercised the diligence of a good father of the family in the selection and supervision of In this case, the bus driver, who was driving on the right side of the road, its employees, including Margarito Avila. already saw the motorcycle on the left side of the road before the collision. However, he did not take the necessary precaution to slow For the defense, Avila testified that he was driving his bus at 60 down, but drove on and bumped the motorcycle, and also the passenger kilometers per hour on the Maharlika Highway. A motorcycle ran from jeep parked on the left side of the road, showing that the bus was his left side of the highway, and as the bus came near, the motorcycle negligent in veering to the left lane, causing it to hit the motorcycle and crossed the path of the bus, and so he turned the bus to the right. He the passenger jeep. heard a loud banging sound. From his side mirror, he saw that the motorcycle turned turtle. Whenever an employee’s negligence causes damage or injury to another, there instantly arises a presumption that the employer RTC rendered judgment against petitioner and defendant Margarito failed to exercise the due diligence of a good father of the family in Avila – holding Avila guilty of simple negligence and ordering Philippine the selection or supervision of its employees. To avoid liability for a Hawk Corporation and Avila to pay plaintiff and her husband’s heirs for quasi-delict committed by his employee, an employer must overcome the damages. It found that before the collision, the motorcycle was on the presumption by presenting convincing proof that he exercised the the left side of the road, just as the passenger jeep was. If the bus were care and diligence of a good father of a family in the selection and on the right side of the highway, and Margarito Avila turned his bus to supervision of his employee. the right in an attempt to avoid hitting the motorcyle, then the bus would not have hit the passenger jeep, which was then parked on the left side Here, there is failure to sufficiently inculcate in him discipline and correct behavior on the road. Indeed, petitioner’s tests were concentrated on the ability to drive and physical fitness to do so. It also did not know that Avila had been previously involved in sideswiping incidents.