torts case digest
[G.R. No. 117103. January 21, 1999]
Spouses RENATO S. ONG and FRANCIA N. ONG, Petitioners, v. COURT OF APPEALS, INLAND TRAILWAYS, INC. and PHILTRANCO SERVICE ENTERPRISE, INC.,Respondents.
FACTS:
Petitioners were paying passengers of Inland Bus (owned and operated by Inland Trailways under a Lease Agreement with Philtranco), iIt was driven by Calvin Coronel. Around 3:50 a.m. on February 9, 1987, when the Inland bus slowed down to avoid a stalled cargo truck in Tiaong, Quezon, it was bumped from the rear by another bus, owned and operated by Philtranco and driven by Apolinar Miralles. Both Petitioners sustained and suffered injuries, hence, they filed an action for damages against Inland and Philtranco.
Philtranco answered that it exercised the diligence of a good father of a family in the selection and supervision of its drivers, and that the proximate cause of the accident was the negligence of either the cargo truck or the Inland bus which collided with said cargo truck. Likewise, Inland answered that it was the driver of the Philtanco bus, who was at fault according to the Police Report, and that the driver of the Inland bus exercised extraordinary diligence as testified to by its passengers. Inland and Philtranco filed cross-claims against each other. Both respondents moved to submit the case for decision without presenting further evidence.
Considering that the documents are admitted, there is no necessity of any formal written offer of evidence and, therefore, after all the foregoing, the case shall be deemed submitted for decision upon simultaneous memoranda of the parties and upon submission of complete transcripts.
Thereafter, the trial court rendered its Decision in favor of the [petitioners] absolving Inland Trailways, Inc., from any liability whatsoever, and against Philtranco Service Enterprise, Inc., ordering the latter to pay the [petitioners]: 1) P10,000.00 as actual damages for medical and miscellaneous expenses; 2) P50,000.00 as
Spouses RENATO S. ONG and FRANCIA N. ONG, Petitioners, v. COURT OF APPEALS, INLAND TRAILWAYS, INC. and PHILTRANCO SERVICE ENTERPRISE, INC.,Respondents.
FACTS:
Petitioners were paying passengers of Inland Bus (owned and operated by Inland Trailways under a Lease Agreement with Philtranco), iIt was driven by Calvin Coronel. Around 3:50 a.m. on February 9, 1987, when the Inland bus slowed down to avoid a stalled cargo truck in Tiaong, Quezon, it was bumped from the rear by another bus, owned and operated by Philtranco and driven by Apolinar Miralles. Both Petitioners sustained and suffered injuries, hence, they filed an action for damages against Inland and Philtranco.
Philtranco answered that it exercised the diligence of a good father of a family in the selection and supervision of its drivers, and that the proximate cause of the accident was the negligence of either the cargo truck or the Inland bus which collided with said cargo truck. Likewise, Inland answered that it was the driver of the Philtanco bus, who was at fault according to the Police Report, and that the driver of the Inland bus exercised extraordinary diligence as testified to by its passengers. Inland and Philtranco filed cross-claims against each other. Both respondents moved to submit the case for decision without presenting further evidence.
Considering that the documents are admitted, there is no necessity of any formal written offer of evidence and, therefore, after all the foregoing, the case shall be deemed submitted for decision upon simultaneous memoranda of the parties and upon submission of complete transcripts.
Thereafter, the trial court rendered its Decision in favor of the [petitioners] absolving Inland Trailways, Inc., from any liability whatsoever, and against Philtranco Service Enterprise, Inc., ordering the latter to pay the [petitioners]: 1) P10,000.00 as actual damages for medical and miscellaneous expenses; 2) P50,000.00 as