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Philippine Supreme Court Jurisprudence > Year 2018 > October 2018 Decisions >
G.R. No. 197626, October 03, 2018 - RAUL S. IMPERIAL, Petitioner, v. HEIRS OF
ChanRobles Professional NEIL BAYABAN, AND MARY LOU BAYABAN, Respondents.:
Review, Inc.

G.R. No. 197626, October 03, 2018 - RAUL S. IMPERIAL, Petitioner, v. HEIRS OF
NEIL BAYABAN, AND MARY LOU BAYABAN, Respondents.

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THIRD DIVISION
Review
G.R. No. 197626, October 03, 2018

RAUL S. IMPERIAL, Petitioner, v. HEIRS OF NEIL BAYABAN, AND MARY LOU

BAYABAN, Respondents.

DECISION

LEONEN, J.:

The burden of proving that a negligent act of an employee was performed within
the scope of his or her assigned tasks rests with the plaintiff. When the plaintiff has
discharged this burden, as in this case, the presumption that the employer was
negligent arises, and the employer must put forward evidence showing that he or
she had exercised the due diligence of a good father of a family in the selection
and supervision of the employee. Failing to dispute this presumption renders the
employer solidarily liable with the employee for the quasi-delict.
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This resolves a Petition for Review on Certiorari1 filed by Raul S. Imperial

(Imperial) assailing the Court of Appeals March 18, 2011 Decision2 and July 11,

2011 Resolution3 in CA-G.R. CV No. 93498. The Court of Appeals found Imperial
solidarity liable with his employee and driver, William Laraga (Laraga), for the
damages suffered by spouses Neil Bayaban (Neil) and Mary Lou Bayaban (Mary
Lou) (collectively, the Bayaban Spouses) as a result of Laraga's negligent operation
of the van owned by Imperial.

On December 14, 2003, at about 3:00 p.m., two (2) vehicles, a van and a tricycle,
figured in an accident along Sumulong Highway, Antipolo City. The Mitsubishi L-300
van with plate number USX 931 was owned and registered under Imperial's name,
and was driven by Laraga. The tricycle with plate number DU 8833 was driven by

Gerardo Mercado (Mercado).4

On board the tricycle were the Bayaban Spouses, who sustained injuries.5 They
ChanRobles Special Lecture
were brought to Unciano Hospital where the attending physician found that Neil
Series
suffered the following:

Fracture Open Type III-B, Complete Comminuted, Displaced, middle

Third Tibia, Fracture Closed, Complete comminuted displaced, Middle
Third Femur, right Fracture, closed complete disp. Lateral Tibial plateau

knee joint left.6

As for Mary Lou, she was found to have suffered the following:

Fracture closed, complete, comminuted, Displaced distal radius left

(Frykmann VIII), Dislocation, ulnocarpal/ulnoradial jt. left, Fracture,

closed, complete, transverse, displaced, middle-distal 3rd Humerus

right.7

For the injuries they sustained, the Bayaban Spouses had to undergo therapy and

post-medical treatment.8

The Bayaban Spouses demanded compensation from Imperial, Laraga, and

Mercado for the hospital bills and loss of income that they sustained while

undergoing therapy and post-medical treatment.9 When neither Imperial, Laraga,

Download a nor Mercado heeded their demand, the Bayaban Spouses filed a Complaint10 for
damages before the Regional Trial Court of Antipolo City, impleading Imperial,
Mac Laraga, and Mercado as defendants. In their Complaint, they prayed for

security P311,760.75 as actual damages, US$1,900.00 per month representing Neil's

unearned income as a second-mate seaman, P7,600.00 per month representing

tool Mary Lou's unearned income as pharmacist, P200,000.00 as moral damages, and

P20,000.00 as attorney's fees.11

MacKeeper
In his Answer,12 Imperial denied liability, contending that the van was under the
custody of one Rosalia Habon Pascua (Pascua). According to Imperial, he lent the
Remove adware and
van to Pascua who needed it in fixing the greenhouse and water line pipes in
viruses in one click
Imperial's garden somewhere in Antipolo.13 Imperial admitted that he had

employed Laraga as family driver14 but contended that he had exercised due

diligence in the selection and supervision of Laraga.15 He even allegedly sponsored

Laraga's formal driving lessons. Furthermore, Laraga was allegedly acting outside
the scope of his duties when the accident happened considering that it was a
DOWNLOAD
Sunday, his rest day.16

Before the case proceeded to trial, Neil died on May 23, 2006.17 He was
substituted by his heirs, namely, Mary Lou and their children, Donna Grace and
SPONSORED SEARCHES
Dan Geofrey (the Heirs of Neil Bayaban).18
raul imperial
In its March 15, 2009 Decision,19 the Regional Trial Court ruled in favor of the
motor vehicle act Bayaban Spouses. It found Laraga negligent and the proximate cause of the
accident, i.e., overtaking another vehicle and, in the process, colliding with the
civil law
tricycle that carried the Bayaban Spouses on the other side of the road.20 As for

legal case law Imperial, it ruled that he failed to prove that he had exercised due diligence in the
selection and supervision of Laraga, his employee; thus, he was presumed
settlement claims negligent and was likewise held liable for damages to the Bayaban Spouses.21

SPONSORED SEARCHES The Regional Trial Court held that the official receipts presented in evidence
substantiated the Bayaban Spouses' claim for reimbursement of medical and
settlement claims
hospital expenses.22 However, it found the certificates of employment inadequate
civil law to prove the amount of their unearned income.23 Nevertheless, Mary Lou, for her
own behalf, and the Heirs of Neil Bayaban were awarded P100,000.00 as
san lorenzo
temperate damages. Moral damages and exemplary damages of P50,000.00 each

csc services and attorney's fees of P25,000.00 plus costs of suit were awarded to them as

well.24
civil attorney
The dispositive portion of the Regional Trial Court March 15, 2009 Decision read:
SPONSORED SEARCHES
WHEREFORE, premises considered, judgment is hereby rendered in
csc services favor of Plaintiffs and against Defendants Raul Imperial and William
Laraga, ordering the said Defendants to pay, jointly and severally, the
civil attorney
following:

accident legal
1. Actual damages in the amount of Php462,868.83 for medical
expenses and Php100,000.00 for lost earnings during medical
appeals attorney
treatment;
ca exams 2. Moral damages in the amount [of] P50,000.00;
3. Exemplary damages in the amount of P50,000.00;
4. Attorney's fees, inclusive of appearance fees, in the amount of
Php25,000.00, plus cost of suit.
October-2018 Jurisprudence
SO ORDERED.25

Imperial appealed this Decision to the Court of Appeals.26 Nevertheless, the Court
A.M. No. MTJ-18-1917
of Appeals maintained his liability, ruling that "the registered owner of a motor
(formerly OCA IPI No. 15-2812-
vehicle is primarily and directly responsible for the consequences of its operation,
MTJ), October 08, 2018 - EDGAR
including the negligence of the driver, with respect to the public and all third
A. ABIOG, COURT
persons."27 He could not escape liability by arguing that it was Laraga's day off
STENOGRAPHER I, MUNICIPAL
when the accident happened or that the van was in the custody of Pascua because
CIRCUIT TRIAL COURT,
neither Laraga nor Pascua was presented in court to confirm his assertions.28
BROOKE'S POINT​-ESPAÑOLA,
BATARAZA, PALAWAN, The Court of Appeals likewise found that Imperial failed to prove that he had
Complainant, v. HON. EVELYN C. exercised due diligence in the selection and supervision of Laraga. Apart from his
CAÑETE, PRESIDING JUDGE, bare allegation that he had financed the formal driving lessons of Laraga, he failed
MUNICIPAL CIRCUIT TRIAL to present documentary evidence that he did so. He could not even remember the
COURT, BROOKE'S POINT​-
name of the driving school where Laraga had allegedly enrolled.29
ESPAÑOLA, BATARAZA,
PALAWAN, Respondent. However, the Court of Appeals deleted the award of temperate damages because
the claim was allegedly not substantiated. It added that temperate and actual
G.R. No. 238889, October 03, damages were mutually exclusive and could not be awarded at the same time.30
2018 - ANTONIO PLANTERAS,
JR., Petitioner, v. PEOPLE OF THE The dispositive portion of the Court of Appeals March 18, 2011 Decision31 read:

PHILIPPINES, Respondent.
WHEREFORE, premises considered, the instant appeal is DENIED. The
assailed Decision dated 15 March 2009 of the Regional Trial Court of
G.R. No. 221103, October 16,
Antipolo, Branch 73 in Civil Case No. 04-7131 is hereby AFFIRMED
2018 - REGINA ONGSIAKO
with MODIFICATION, deleting the award of temperate damages in
REYES, Petitioner, v. HOUSE OF
the amount of P100,000.00 for lost earnings during medical treatment.
REPRESENTATIVES ELECTORAL
TRIBUNAL, Respondent. SO ORDERED.32 (Emphasis in the original)

A.M. No. P-18-3865 (formerly Imperial filed a Motion for Reconsideration,33 which the Court of Appeals denied in

OCA I.P.I. No. 11-3735-P), its July 11, 2011 Resolution.34

October 09, 2018 - ANTONIO K.
On August 23, 2011, Imperial filed a Petition for Review on Certiorari35 before this
LITONJUA, Complainant, v.
JERRY R. MARCELINO, SHERIFF Court. Mary Lou and the Heirs of Neil Bayaban filed a Comment36 to which Imperial

III, METROPOLITAN TRIAL replied.37 Upon the directive38 of this Court, the parties filed their respective
COURT, BRANCH 71, PASIG CITY, Memoranda.39
Respondent.
Citing Castilex Industrial Corporation v. Vasquez, Jr.,40 petitioner maintains that he
G.R. No. 232532, October 01, is not liable because respondents failed to discharge their burden of proving that
2018 - ALFREDO G. GERMAR, Laraga was acting within the scope of his assigned tasks at the time of the
Petitioner, v. FELICIANO P. accident.41 Furthermore, the official receipts of the medical and hospital bills,
LEGASPI, Respondent. though original, were allegedly not authenticated as required under Rule 132,

Section 2042 of the Rules of Court. Therefore, these receipts are not competent
G.R. No. 227707, October 08,
evidence of the actual damages sustained by Neil and respondent Mary Lou.43
2018 - PEOPLE OF THE
PHILIPPINES, Plaintiff-Appellee, Respondents point out Imperial's admission that Laraga was his employee,
v. JEROME PASCUA Y AGOTO specifically, his family's stay-in driver. Thus, even though the accident happened on
A.K.A. "OGIE,", Accused- a Sunday, they contend that "it [was] not far-fetched to conclude that ... Laraga
Appellant. had always been utilized as a driver by the petitioner and his family during

Sundays,"44 as this is allegedly the "common practice under Philippine set up."45
G.R. No. 219708, October 03, They maintain that Laraga was acting within the scope of his assigned tasks when
2018 - TOURISM the accident happened.46
INFRASTRUCTURE AND
ENTERPRISE ZONE AUTHORITY, Additionally, respondents contend that petitioner failed to prove that he exercised

Petitioner, v. GLOBAL-V due diligence in the selection and supervision of Laraga by failing to present the

BUILDERS CO., Respondent. original receipts showing that he had enrolled Laraga to a formal driving school.
The contention that Imperial shouldered Laraga's expenses in obtaining a driver's

G.R. No. 222219, October 03, license is hardly the due diligence of a good father of a family required to absolve

2018 - REYNALDO S. GERALDO, him from liability as Laraga's employer.47

Petitioner, v. THE BILL SENDER
Lastly, respondents argue that original receipts of medical and hospital bills are
CORPORATION/MS. LOURDES
sufficient proof of the actual damages they have sustained; hence, they need not
NER CANDO, Respondents.
be authenticated to be competent proof of their claims.48

G.R. No. 215922, October 01, Based on the pleadings submitted, the Issues for this Court's resolution are the
2018 - THELMA C. MULLER, following:
GRACE M. GRECIA, KURT
FREDERICK FRITZ C. MULLER, First, whether or not the Court of Appeals shifted the burden on petitioner Raul S.

AND HOPE C. MULLER, IN Imperial to prove that his employee, William Laraga, was not acting within the

SUBSTITUTION OF THE LATE scope of his assigned tasks; and

FRITZ D. MULLER, Petitioners, v.

Second, whether or not the original receipts of the medical and hospital bills
PHILIPPINE NATIONAL BANK,
presented by respondents Neil Bayaban and Mary Lou Bayaban are not competent
Respondent.
evidence of the actual damages that they have sustained considering that the
receipts were not authenticated.
A.M. No. P-18-3875 (formerly
OCA IPI No. 16-4577-P), This Petition must be denied.
October 03, 2018 - CARLOS
I
GAUDENCIO M. MAÑALAC,
Complainant, v. HERNAN E. Articles 2176 and 2180 of the Civil Code provide:
BIDAN, SHERIFF IV, REGIONAL
Article 2176. Whoever by act or omission causes damage to another,
TRIAL COURT, BRANCH 53,
there being fault or negligence, is obliged to pay for the damage done.
BACOLOD CITY, Respondent.
Such fault or negligence, if there is no pre-existing contractual relation
between the parties, is called a quasi-delict and is governed by the
G.R. No. 222523, October 03,
provisions of this Chapter.
2018 - JOSE JOHN C.
GUERRERO, Petitioner, v. ....
PHILIPPINE TRANSMARINE
CARRIERS, INC., CELEBRITY Article 2180. The obligation imposed by Article 2176 is demandable not

CRUISES, AND CARLOS C. only for one's own acts or omissions, but also for those of persons for

SALINAS, Respondents. whom one is responsible.

....
A.M. No. RTJ-18-2535
(formerly OCA IPI No. 16-4583- Employers shall be liable for the damages caused by their employees

RTJ), October 08, 2018 - and household helpers acting within the scope of their assigned tasks,

CARLOS GAUDENCIO M. even though the former are not engaged in any business or industry.

MAÑALAC, Complainant, v. HON.

....
EPITO B. GELLADA, PRESIDING
JUDGE, BRANCH 53, REGIONAL The responsibility treated of in this article shall cease when the persons
TRIAL COURT, BACOLOD, CITY, herein mentioned prove that they observed all the diligence of a good
NEGROS OCCIDENTAL, father of a family to prevent damage.
Respondent.
Articles 2176 and 2180 of the Civil Code were derived from Articles 190249 and

G.R. No. 219927, October 03, 190350 of the Spanish Civil Code of 1889. Article 2176 defines "quasi-delict" as the

2018 - BOARD OF fault or negligence that causes damage to another, there being no pre-existing

INVESTMENTS, Petitioner, v. SR contractual relations between the parties. On the other hand, Article 2180

METALS, INC., Respondent. enumerates persons who are vicariously liable for the fault or negligence of
persons over whom they exercise control, whether absolute or limited.

G.R. No. 219548, October 17,

This Court explained the legal fiction of vicarious liability in Cangco v. Manila
2018 - GERARDA H. VILLA,
Railroad Co.51 Though involving Articles 1902 and 1903 of the Spanish Civil Code
Petitioner, v. STANLEY
of 1889, Cangco's explanation of the law's rationale remains relevant considering
FERNANDEZ, FLORENTINO
that Articles 1902 and 1903, and the present Articles 2176 and 2180 are similarly
AMPIL, JR., AND NOEL
worded. In Cangco:
CABANGON, Respondents.

With respect to extra-contractual obligation arising from negligence,

G.R. No. 221250, October 10, whether of act or omission, it is competent for the legislature to elect—
2018 - MAGSAYSAY MARITIME and our Legislature has so elected—to limit such liability to cases in
CORPORATION, FLEET MARITIME which the person upon whom such an obligation is imposed is morally
SERVICE INTERNATIONAL LTD. culpable or, on the contrary, for reasons of public policy, to extend that
AND/OR MARLON ROÑO, AND liability, without regard to the lack of moral culpability, so as to include
M/V AZURA, Petitioners, v. responsibility for the negligence of those persons whose acts or
MANUEL R. VERGA, Respondent. omissions are imputable, by a legal fiction, to others who are in a
position to exercise an absolute or limited control over them. The
G.R. No. 228779, October 08, legislature which adopted our Civil Code has elected to limit extra
2018 - PEOPLE OF THE contractual liability—with certain well-defined exceptions—to cases in
PHILIPPINES, Plaintiff-Appellee, which moral culpability can be directly imputed to the persons to be
v. WILLIAM VILLAROS Y charged. This moral responsibility may consist in having failed to
CARANTO, Accused-Appellant. exercise due care in one's own acts, or in having failed to exercise due
care in the selection and control of one's agents or servants, or in the
G.R. No. 185622, October 17, control of persons who, by reason of their status, occupy a position of
2018 - INTERNATIONAL
dependency with respect to the person made liable for their conduct.52
CONTAINER TERMINAL
SERVICES, INC., Petitioner, v. Specifically for employers, they are deemed liable or morally responsible53 for the
THE CITY OF MANILA; LIBERTY fault or negligence of their employees but only if the employees are acting within
M. TOLEDO, IN HER CAPACITY the scope of their assigned tasks. An act is deemed an assigned task if it is "done
AS TREASURER OF MANILA; by an employee, in furtherance of the interests of the employer or for the account
GABRIEL ESPINO, IN HIS of the employer at the time of the infliction of the injury or damage."54
CAPACITY AS RESIDENT
AUDITOR OF MANILA; AND THE Filamer Christian Institute v. Court of Appeals55 explained when an act is within
CITY COUNCIL OF MANILA, the scope of an employee's assigned tasks so as to hold an employer liable under
Respondents. Article 2180. In Filamer, Daniel Funtecha (Funtecha) was a working scholar of
Filamer Christian Institute (Filamer) and had the duty of sweeping the school
G.R. No. 238338, October 01, passages for two (2) hours every morning before his classes in exchange for free
2018 - PEOPLE OF THE tuition. On October 20, 1977, at about 6:30 p.m., Funtecha was driving the Pinoy
PHILIPPINES, Plaintiff-Appellee, jeep owned by Filamer along Roxas Avenue in Roxas City when the jeep struck
v. EDGARDO DELA ROSA Y Potenciano Kapunan, Sr. (Kapunan), a pedestrian. Kapunan sustained injuries and
EMPAMANO @ "BOY," CRISELDA was hospitalized for 20 days.56
HUERTO Y DOCOT @ "CECIL,"
Kapunan first filed a criminal case for reckless imprudence resulting in serious
AND RONALDO HUERTO Y
physical injuries against Funtecha, reserving the right to file an independent civil
DOCOT, Accused-Appellants.
action for damages. Funtecha was found guilty as charged and was sentenced
accordingly. As for the civil action for damages, Kapunan sued Funtecha, Filamer,
A.M. No. 18-08-79-MeTC,
October 03, 2018 - RE: and the school director and president, Agustin Masa (Agustin).57

DROPPING FROM THE ROLLS OF

The Regional Trial Court58 and the Court of Appeals59 both found Funtecha and
MR. VICTOR R. LAQUI, JR., CASH
Filamer liable. On appeal, this Court reversed the lower courts and absolved
CLERK II, OFFICE OF THE CLERK
Filamer for finding no employer-employee relationship between them. According to
OF COURT, METROPOLITAN
this Court, driving the school's Pinoy jeep was outside the scope of Funtecha's
TRIAL COURT, MANILA.
employment as sweeper within the school grounds.60

G.R. No. 225061, October 10,

On reconsideration,61 however, this Court reversed itself and found Filamer
2018 - PEOPLE OF THE
solidarily liable with Funtecha. It found that Funtecha resided with the family of the
PHILIPPINES, Appellee, v.
school president, Agustin, whose son, Allan Masa (Allan), was the school guard and
JOMAR MENDOZA Y MAGNO,
driver of the Pinoy jeep that served as school service. After driving the students
Appellant.
home, Allan's duty included going back to the school for his shift then driving home
the school jeep so he could use it to fetch the students the next morning. On the
G.R. No. 238522, October 01,
day of the accident, Allan was on his way home from duty when Funtecha, who was
2018 - PEOPLE OF THE
with him, requested to drive the jeep. Negotiating a dangerous curve and blinded
PHILIPPINES, Plaintiff-Appellee,
by the glaring lights of a fast moving truck, Funtecha swerved to the right and
v. NORMAN BARADI Y VELASCO,
accidentally hit Kapunan.62 Under these circumstances, this Court said that
Accused-Appellant.
Funtecha "was not having a joy ride [and] not driving for the purpose of his
enjoyment or for a 'frolic of his own' but ultimately, for the service for which the
G.R. No. 221995, October 03,
jeep was intended by the ... school."63
2018 - REPUBLIC OF THE
PHILIPPINES, REPRESENTED BY An employee's act was deemed outside his assigned tasks and his employer was
THE TOLL REGULATORY BOARD,
absolved in Castilex Industrial Corporation v. Vasquez, Jr.64 In Castilex, a
Petitioner, v. SPOUSES TOMAS C.
managerial employee of Castilex Industrial Corporation (Castilex) was driving a
LEGASPI AND RUPERTA V.
company-issued pick up which collided with the motorcycle driven by Romeo So
ESQUITO, PABLO VILLA,
Vasquez, who later died as a result of the accident. His parents sued the
TEODORA VILLA, FLORENCIO
managerial employee and Castilex for damages.65 The trial court66 and the Court
VILLA, AND RURAL BANK OF
CALAMBA (LAGUNA), INC., of Appeals67 held Castilex solidarily liable with the managerial employee, but on

Respondents. appeal, this Court reversed and absolved Castilex. This Court found that the
managerial employee was not acting within the scope of his assigned tasks when

G.R. No. 221548, October 03, the accident happened. It was 2:00 a.m., way beyond office hours, and the

2018 - RENERIO M. VILLAS, managerial employee had just got out of a restaurant dubbed as a "haven for

Petitioner, v. C.F. SHARP CREW prostitutes, pimps, and drug pushers and addicts."68 In other words, the activity
MANAGEMENT, INC., that the managerial employee was doing when the accident happened was not for
Respondent; G.R. No. 221561, the account of Castilex or in furtherance of the employee's assigned tasks.
October 3, 2018 - C.F. SHARP
One of the issues in Castilex was determining who had the burden of proving that
CREW MANAGEMENT, INC.,
the act was within the scope of the employee's assigned tasks. On this issue, this
Petitioner, v. RENERIO M.
Court said that the burden of proving the existence of an employer-employee
VILLAS, Respondent.
relationship and that the employee was acting within the scope of his or her
assigned tasks rests with the plaintiff under the Latin maxim "ei incumbit probatio
G.R. No. 225213, October 03,
qui dicit, non qui negat" or "he who asserts, not he who denies, must prove."69
2018 - PEOPLE OF THE
Therefore, it is not incumbent on the employer to prove that the employee was not
PHILIPPINES, Appellee, v.
CEASAR CONLU Y BENETUA, acting within the scope of his assigned tasks.70 Once the plaintiff establishes the

Appellant. requisite facts, the presumption that the employer was negligent in the selection
and supervision of the employee arises, disputable with evidence that the employer

A.C. No. 7972, October 03, has observed all the diligence of a good father of a family to prevent damage.71
2018 - ANGELITO CABALIDA, Though vicarious, the liability of employers under Article 2180 is personal and
Petitioner, v. ATTY. SOLOMON A. direct.72
LOBRIDO, JR. AND ATTY. DANNY
Applying the foregoing, this Court finds that respondents have discharged the
L. PONDEVILLA, Respondents.
burden of proof necessary to hold Imperial vicariously liable under Article 2180 of
the Civil Code.
G.R. No. 209359, October 17,
2018 - METROHEIGHTS There is no question here that Laraga was petitioner's driver, hence, his employee,
SUBDIVISION HOMEOWNERS as this fact was admitted by petitioner. This Court likewise finds that respondents
ASSOCIATION, INC., Petitioner, have established that Laraga was acting within the scope of his assigned tasks at
v. CMS CONSTRUCTION AND
the time of the accident. It was 3:00 p.m.73 and Laraga was driving in Antipolo
DEVELOPMENT CORPORATION,
City, where, as alleged by petitioner, his greenhouse and garden were located.74 It
TOMASITO T. CRUZ, TITA F.
is worth noting that according to petitioner, he loaned the van to Pascua for the
CRUZ, SIMONETTE F. CRUZ,
maintenance of his greenhouse and the repair of the water line pipes in his garden.
ANGEL T. CRUZ, ERNESTO T.
The logical conclusion is that Laraga was driving the van in connection with the
CRUZ AND METROPOLITAN
upkeep of petitioner's Antipolo greenhouse and garden. Laraga was driving the van
WATERWORKS AND SEWERAGE
in furtherance of the interests of petitioner at the time of 1 the accident.
SYSTEM (MWSS), Respondents.

The defense that Sunday was supposedly Laraga's day off fails to convince. There
G.R. No. 219491, October 17, is no proof whatsoever of the truthfulness of this allegation, with Laraga not having
2018 - STEPHEN Y. KU, appeared in court to testify on this matter.75
Petitioner, v. RCBC SECURITIES,
INC., Respondent. With respondents having discharged their burden of proof, the disputable
presumption that petitioner Imperial was negligent in the selection and supervision

G.R. No. 200258, October 03, of Laraga arises. Contrary to petitioner's claim, there was no shifting of burden on

2018 - PHILIPPINE HAMMONIA him to prove that Laraga was acting outside of his assigned tasks. Rather,

SHIP AGENCY, NARCISSUS L. petitioner had to put forward evidence that he had exercised due diligence in the

DURAN, DORCHESTER selection and supervision of Laraga as his driver to be relieved of liability.

MARITIME LIMITED, Petitioners,

Unfortunately for petitioner, he miserably failed to dispute the presumption of
v. FERDINAND Z. ISRAEL,
negligence in his selection and supervision of Laraga. As the Regional Trial Court
Respondent.
and the Court of Appeals found, he only gave self-serving testimonies without the
requisite documentary proof that he had enrolled Laraga in a formal driving school.
A.C. No. 11486 (Formerly CBD
At best, he only established that he had financed the fees needed for Laraga to
No. 13-3899), October 17, 2018
obtain his driver's license, which is hardly the due diligence contemplated in Article
- FERNANDO A. FLORA III,
2180 of the Civil Code.
Complainant, v. ATTY. GIOVANNI
A. LUNA, Respondent. Considering that petitioner failed to dispute the presumption of negligence on his
part, he was correctly deemed liable for the damages incurred by the Bayaban
G.R. No. 237742, October 08, Spouses when the tricycle they were riding collided with the van driven by
2018 - CELSO OLIVIER T. petitioner's employee, Laraga. It must be noted that the accident happened
DATOR, Petitioner, v. HON. because Laraga tried to overtake another vehicle and, in doing so, drove to the
CONCHITA CARPIO-MORALES, opposite lane when the van collided with the approaching tricycle. Laraga was
IN HER CAPACITY AS THE negligent in operating the van. Pleyto v. Lomboy,76 cited in the Regional Trial Court
OMBUDSMAN, AND HON. March 15, 2009 Decision, is on point:
GERARD A. MOSQUERA, IN HIS
A driver abandoning his proper lane for the purpose of overtaking
CAPACITY AS THE DEPUTY
another vehicle in an ordinary situation has the duty to see to it that
OMBUDSMAN FOR LUZON, AND
the road is clear and not to proceed if he cannot do so in safety. When a
THE DEPARTMENT OF INTERIOR
motor vehicle is approaching or rounding a curve, there is special
AND LOCAL GOVERNMENT,
necessity for keeping to the right side of the road and the driver does
Respondents.
not have the right to drive on the left hand side relying upon having
time to turn to the right if a car approaching from the opposite direction
G.R. No. 234161, October 17,
2018 - PEOPLE OF THE comes into view.77 (Citation omitted)

PHILIPPINES, Plaintiff-Appellee,
II
v. LUDIVICO PATRIMONIO
BANDOJO, JR. AND KENNY JOY Petitioner nevertheless claims that the official receipts of the medical and hospital
VILLACORTA ILETO, Accused- bills are not competent evidence of the actual damages allegedly sustained by the
Appellants. Bayaban Spouses for not having been authenticated. He, therefore, cannot be held
liable for unsubstantiated claims for actual damages.
G.R. No. 208114, October 03,
Petitioner's argument lacks merit.
2018 - MELKY CONCHA AND
ROMEO MANAGUELOD, Under the rules of evidence, documents are either public or private. Public
Petitioners, v. PEOPLE OF THE documents are those exclusively enumerated in Rule 132, Section 19 of the Rules
PHILIPPINES, Respondent. of Court. These include written official acts, or records of the official acts of the
sovereign authority, official bodies and tribunals, and public officers, whether of the
G.R. No. 176549, October 10, Philippines, or of a foreign country; documents acknowledged before a notary
2018 - DEPARTMENT OF public except last wills and testaments; and public records, kept in the Philippines,
AGRARIAN REFORM, QUEZON of private documents required by law to be entered there. When public documents
CITY & PABLO MENDOZA, are presented in evidence, they are prima facie evidence of the facts stated there,
Petitioner, v. ROMEO C. and thus, need not be authenticated.78
CARRIEDO, Respondents.
As for private documents, i.e., those not enumerated in Rule 132, Section 19, they

G.R. No. 227707, October 08, must be authenticated, or their due execution and authenticity proven, per Rule

2018 - PEOPLE OF THE 132, Section 20 of the Rules of Court, thus:

PHILIPPINES, Plaintiff-Appellee,
Section 20. Proof of private document. — Before any private document
v. JEROME PASCUA Y AGOTO
offered as authentic is received in evidence, its due execution and
A.K.A. "OGIE,", Accused-
authenticity must be proved either:
Appellant.
(a) By anyone who saw the document executed or written;
G.R. No. 219708, October 03, or
2018 - TOURISM (b) By evidence of the genuineness of the signature or
INFRASTRUCTURE AND handwriting of the maker.
ENTERPRISE ZONE AUTHORITY,
Any other private document need only be identified as that which it is
Petitioner, v. GLOBAL-V
claimed to be.
BUILDERS CO., Respondent.
Official receipts of hospital and medical expenses are not among those enumerated
G.R. No. 222219, October 03, in Rule 132, Section 19. These official receipts, therefore, are private documents
2018 - REYNALDO S. GERALDO, which may be authenticated either by presenting as witness anyone who saw the
Petitioner, v. THE BILL SENDER document executed or written, or by presenting an evidence of the genuineness of
CORPORATION/MS. LOURDES the signature or handwriting of the maker.
NER CANDO, Respondents.
In insisting that respondents should have presented as witnesses the persons who
signed the official receipts, petitioner ignores the first manner of authenticating
G.R. No. 215922, October 01,
private documents. Respondent Mary Lou testified as to the circumstances of the
2018 - THELMA C. MULLER,
GRACE M. GRECIA, KURT accident and the expenses she and Neil had incurred as a result of it.79 The official

FREDERICK FRITZ C. MULLER, receipts were issued to her and Neil upon payment of the expenses. Since the

AND HOPE C. MULLER, IN official receipts were issued to respondent Mary Lou, her testimony, therefore, is a

SUBSTITUTION OF THE LATE competent evidence of the execution of the official receipts.

FRITZ D. MULLER, Petitioners, v.

With respondent Mary Lou testifying as to the execution and issuance of the official
PHILIPPINE NATIONAL BANK,
receipts, they were duly authenticated, contrary to petitioner's claim. There being
Respondent.
no question that the official receipts were all in the original, they were the best

evidence of their contents,80 specifically, of the actual damages incurred by the

A.M. No. P-18-3875 (formerly
Bayaban Spouses. The Regional Trial Court correctly admitted the receipts in
OCA IPI No. 16-4577-P),
evidence.
October 03, 2018 - CARLOS
GAUDENCIO M. MAÑALAC, III
Complainant, v. HERNAN E.
Furthermore, apart from the actual damages for the hospital and medical expenses
BIDAN, SHERIFF IV, REGIONAL
that respondents have incurred, this Court finds that respondents are entitled to
TRIAL COURT, BRANCH 53,
temperate damages for loss of earning capacity.
BACOLOD CITY, Respondent.

Temperate or moderate damages, which are more than nominal but less than
G.R. No. 222523, October 03, actual or compensatory damages, may be recovered when the court finds that
2018 - JOSE JOHN C. some pecuniary loss has been suffered, but its amount cannot, from the nature of
GUERRERO, Petitioner, v.
the case, be proved with certainty.81 Temperate damages must be reasonable
PHILIPPINE TRANSMARINE
under the circumstances.82
CARRIERS, INC., CELEBRITY
CRUISES, AND CARLOS C. While respondents failed to put forward definite proof of income lost during
SALINAS, Respondents. confinement and post-therapy, they still suffered pecuniary loss when they were
incapacitated to work. Under the circumstances, the P100,000.00 awarded by the
A.M. No. RTJ-18-2535 Regional Trial Court is reasonable to compensate them for the income that the
(formerly OCA IPI No. 16-4583- Bayaban Spouses could have earned as a second-mate seaman and a pharmacist,
RTJ), October 08, 2018 - respectively. As opposed to the Court of Appeals' ruling, temperate damages may
CARLOS GAUDENCIO M. still be awarded to respondents despite previous award of actual damages because
MAÑALAC, Complainant, v. HON. the damages cover distinct pecuniary losses.83 The temperate damages awarded
EPITO B. GELLADA, PRESIDING cover the loss of earning capacity while the actual damages cover the medical and
JUDGE, BRANCH 53, REGIONAL
hospital expenses.84
TRIAL COURT, BACOLOD, CITY,
NEGROS OCCIDENTAL, In sum, respondents have proven by preponderance of evidence that Laraga,
Respondent. petitioner's employee, was acting within the scope of his assigned tasks at the time
of the accident. The presumption of negligence on the part of petitioner in his
G.R. No. 219927, October 03, selection and supervision of Laraga as an employee arose, a presumption that he
2018 - BOARD OF has miserably failed to dispute. Consequently, petitioner is solidarily liable with
INVESTMENTS, Petitioner, v. SR Laraga for the damages sustained by the Bayaban Spouses.
METALS, INC., Respondent.
WHEREFORE, the Petition for Review on Certiorari is DENIED. The Court of
Appeals March 18, 2011 Decision in CA-G.R. CV No. 93498 is AFFIRMED with the
G.R. No. 219548, October 17,
MODIFICATION that the award of temperate damages to respondents Mary Lou
2018 - GERARDA H. VILLA,
Bayaban and the Heirs of Neil Bayaban is REINSTATED. Consequently, Raul S.
Petitioner, v. STANLEY
Imperial is ordered to pay Mary Lou Bayaban and the Heirs of Neil Bayaban the
FERNANDEZ, FLORENTINO
following: P462,868.83 as actual damages representing medical expenses;
AMPIL, JR., AND NOEL
P100,000.00 as temperate damages for loss of earning capacity; P50,000.00 as
CABANGON, Respondents.
moral damages; P50,000.00 as exemplary damages; and P25,000.00 as attorney's
fees, inclusive of appearance fees plus cost of suit. The total amount shall earn
G.R. No. 221250, October 10,
legal interest at the rate of six percent (6%) per annum from the finality of this
2018 - MAGSAYSAY MARITIME
Decision until full payment.85
CORPORATION, FLEET MARITIME
SERVICE INTERNATIONAL LTD. SO ORDERED.
AND/OR MARLON ROÑO, AND
M/V AZURA, Petitioners, v. Peralta (Chairperson), A. Reyes, Jr., and J. Reyes, Jr., JJ., concur.

MANUEL R. VERGA, Respondent. Gesmundo, J., on official business.

G.R. No. 228779, October 08,

2018 - PEOPLE OF THE
PHILIPPINES, Plaintiff-Appellee, December 12, 2018
v. WILLIAM VILLAROS Y
NOTICE OF JUDGMENT
CARANTO, Accused-Appellant.
Sirs / Mesdames:
G.R. No. 185622, October 17,
Please take notice that on October 3, 2018 a Decision, copy attached hereto, was
2018 - INTERNATIONAL
rendered by the Supreme Court in the above-entitled case, the original of which
CONTAINER TERMINAL
was received by this Office on December 12, 2018 at 2:05 p.m.
SERVICES, INC., Petitioner, v.
THE CITY OF MANILA; LIBERTY
M. TOLEDO, IN HER CAPACITY Very truly yours,
AS TREASURER OF MANILA;
(SGD.) WILFREDO V. LAPITAN
GABRIEL ESPINO, IN HIS
Division Clerk of Court
CAPACITY AS RESIDENT
AUDITOR OF MANILA; AND THE
CITY COUNCIL OF MANILA, Endnotes:
Respondents.

1Rollo, pp. 9-28.

G.R. No. 238338, October 01,
2018 - PEOPLE OF THE 2 Id. at 30-39. The Decision was penned by Associate Justice Samuel H.

PHILIPPINES, Plaintiff-Appellee, Gaerlan and concurred in by Associate Justices Hakim S. Abdulwahid

v. EDGARDO DELA ROSA Y and Ricardo R. Rosario of the Tenth Division, Court of Appeals, Manila.
EMPAMANO @ "BOY," CRISELDA
3 Id. at 41-42. The Resolution was penned by Associate Justice Samuel
HUERTO Y DOCOT @ "CECIL,"
AND RONALDO HUERTO Y H. Gaerlan and concurred in by Associate Justices Hakim S. Abdulwahid
DOCOT, Accused-Appellants. and Ricardo R. Rosario of the Former Tenth Division, Court of Appeals,
Manila.
A.M. No. 18-08-79-MeTC,
4 Id. at 31 and 87.
October 03, 2018 - RE:
DROPPING FROM THE ROLLS OF 5 Id.
MR. VICTOR R. LAQUI, JR., CASH
CLERK II, OFFICE OF THE CLERK 6 Id. at 52.

OF COURT, METROPOLITAN
7 Id. at 53.
TRIAL COURT, MANILA.

8 Id. at 31.
G.R. No. 225061, October 10,
2018 - PEOPLE OF THE 9 Id.
PHILIPPINES, Appellee, v.
JOMAR MENDOZA Y MAGNO, 10 Id. at 43-48.

Appellant.
11 Id. at 46-47.

G.R. No. 238522, October 01, 12 Id. at 57-63.

2018 - PEOPLE OF THE
PHILIPPINES, Plaintiff-Appellee, 13 Id. at 59.

v. NORMAN BARADI Y VELASCO,

14 Id.
Accused-Appellant.

15 Id. at 61.
G.R. No. 221995, October 03,
2018 - REPUBLIC OF THE 16 Id. at 60.
PHILIPPINES, REPRESENTED BY
THE TOLL REGULATORY BOARD, 17 Id. at 74.

Petitioner, v. SPOUSES TOMAS C.

18 Id. at 13, see footnote 8.
LEGASPI AND RUPERTA V.
ESQUITO, PABLO VILLA, 19 Id. at 87-90. The Decision, docketed as Civil Case No. 04-7131, was
TEODORA VILLA, FLORENCIO
penned by Presiding Judge Ronaldo B. Martin of Branch 73, Regional
VILLA, AND RURAL BANK OF
Trial Court, Antipolo.
CALAMBA (LAGUNA), INC.,
Respondents. 20 Id. at 88-89.

21 Id. at 89.
G.R. No. 221548, October 03,
2018 - RENERIO M. VILLAS,
22 Id.
Petitioner, v. C.F. SHARP CREW
MANAGEMENT, INC., 23 Id. at 89-90.
Respondent; G.R. No. 221561,
October 3, 2018 - C.F. SHARP 24 Id. at 90.

CREW MANAGEMENT, INC.,

25 Id.
Petitioner, v. RENERIO M.
VILLAS, Respondent.
26 Id. at 91.

G.R. No. 225213, October 03, 27 Id. at 34, citing PCI Leasing and Finance, Inc. v. UCPB General

2018 - PEOPLE OF THE Insurance Co., Inc., 579 Phil. 418 (2008) [Per J. Austria-Martinez, Third
PHILIPPINES, Appellee, v. Division] citing Equitable Leasing Corp. v. Suyom, 437 Phil. 255 (2002)
CEASAR CONLU Y BENETUA, [Per J. Panganiban, Third Division], and First Malayan Leasing and
Appellant. Finance Corp. v. Court of Appeals, 285 Phil. 229 (1992) [Per J. Griño-
Aquino, First Division].
A.C. No. 7972, October 03,
28 Id. at 35.
2018 - ANGELITO CABALIDA,
Petitioner, v. ATTY. SOLOMON A.
29 Id. at 36-37.
LOBRIDO, JR. AND ATTY. DANNY
L. PONDEVILLA, Respondents. 30 Id. at 38.