Gsis vs. Court of Appeals

Topics: Insurance, Law, Philippines Pages: 4 (811 words) Published: October 1, 2010
Graduate School of Business
Master of Business Administration

Business Law
Case 3
GSIS vs. Court of Appeals

Submitted by:
Liao, Weiqin
Facts of the case
• National Food Authority (NFA, formerly National Grains Authority) was the owner of a Chevrolet truck which was insured against liabilities for death of and injuries to third persons with the GSIS.

• On May 9, 1979, at about 7:00 in the evening at Tabon-Tabon, Butuan City, the said truck driven by Guillermo Corbeta collided with a public utility vehicle, a Toyota Tamaraw. The Toyota Tamaraw was owned and operated by Victor Uy, under the name and style of “Victory Line”. The Tamaraw was a total wreck.

• The Toyota Tamaraw insurer was Mabuhay Insurance and Guaranty Co. (MIGC).

• The truck crossed over to the other lane, its left front wheel was detached and the truck traveled for about fifty (50) meters and fell into a ravine.

• All the collision victims were passengers of the Toyota Tamaraw. Five (5) passengers died while ten (10) others sustained bodily injuries. Among those injured were private respondents, Victoria Jaime Vda. de Kho and Gloria Kho Vda. de Calabia. Among the dead were Maxima Ugmad Vda. de Kho, Roland Kho and Willie Calabia, Sr.

Legal Problems

• First Case (Civil – Case No. 2196) June 5, 1979
o Uy against NFA and Corbeta due for quasi-delict, damages and attorney’s fees • Second Case (Civil – Case No. 2225) August 27, 1979 o Injured passenger, Librado Taer, against Uy, MIGC. o In turn, Uy filed a cross-claim against MIGC, Corbeta and NFA • Third case (Civil – Case no. 2256) November 26, 1979 o Private responders against NFA and Corbeta for damages dut to quasi-delict. o GSIS as insurer of the truck; Uy for breach of contract of carriage; and MIGC as insurer of the Toyota Tamaraw. o GSIS Also elevated the decision in this civil case to the same appellate...
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