THE HEIRS OF REDENTOR COMPLETO VS. ALBAYDA, JR.
G.R. No. 172200
July 6, 2010
Nachura, J.
SUBJECT MATTER:
II. NEGLIGENCE → C. Standard of Conduct → 3. Special Circumstances
LEGAL BASIS AND APPLICABLE CONCEPT(S):
Article 2176.
● Whoever by act or omission causes damage to another, there being fault or negligence, is obliged to pay for the
damage done. 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 provisions of this Chapter.
Article 2180.
● The obligation imposed by article 2176 is demandable not only for one's own acts or omissions, but also for those
of persons for whom one is responsible.
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● Employers shall be liable for the damages caused by their employees and household helpers acting within the
scope of their assigned tasks, even though the former are not engaged in any business or industry.
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● The responsibility treated of in this article shall cease when the persons herein mentioned prove that they
observed all the diligence of a good father of a family to prevent damage.
ACTION BEFORE THE SUPREME COURT:
PETITION for review on certiorari of the decision and resolution of the Court of Appeals.
Petitioner(s): The Heirs of Redentor Completo (Note: The case is now Heirs of Completo because Completo the
driver has died.)
Elpidio Abiad
Respondent(s): Sgt. Amando C. Albayda, Jr.
CAUSE OF ACTION:
● Quasi-delict (specifically, negligence)
● Completo was overspeeding at the time he hit the bicycle. Completo did not slow down even when he reached the
intersection. Respondent Albayda had the right of way, since he reached the intersection ahead of Completo.
PROCEDURAL HISTORY
COURT CASE FILED ALLEGATIONS RESULT + REASON
RTC Separate civil action for damages Albayda alleged that the proximate Ruled in favor of
against Completo and Abiad cause of the incident which necessitated Albayda. Damages
(different from criminal case of his stay in the hospital for approximately awarded.
physical injuries through reckless 7 months was the negligence of
imprudence that Albayda filed Completo who, at the time of the
against Completo) accident, was in the employ of Abiad
CA Appeal N/A Affirmed RTC ruling, with
modification of damages.
ANTECEDENT FACTS:
● Albayda was riding his bike. At an intersection, he was hit by a taxi driven by Completo. (Note: The case is now
Heirs of Completo because Completo the driver has died.)
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● Albayda was rushed to the hospital. His left leg and knee were badly injured.
● In a span of two years, Albayda underwent a total of three operations (with a possible fourth operation at the time
of his testimony) to his left leg and knee.
● Albayda filed a criminal case against Completo, the taxi driver.
● Albayda filed a separate civil case against Completo the taxi driver and Abiad, the owner of the taxi.
● Both RTC, CA, and SC all ruled in favor of Albayda. Completo and Abiad ruled to be solidarily liable.
PARTIES’ ARGUMENTS IN THE PRESENT CASE:
PETITIONER/PLAINTIFF RESPONDENT/DEFENDANT
Completo, the taxi driver: ● He was riding his bike on his way to the office.
● He was carefully driving the taxicab when ● He was not in a hurry to go to his place of work
suddenly he heard a strange sound from the rear because his duty started at 2 pm and it was only
right side of the taxicab. about 1:45 p.m at the time. His place of work was
● When he stopped to investigate, he found Albayda only six (6) meters away.
lying on the road and holding his left leg. ● He had to stop at the corner of 11th and 8th
● He immediately rendered assistance and brought Streets because an oncoming taxicab was moving
Albayda to the hospital. fast.
● Albayda rode his bicycle at a very high speed, ● However, the taxicab still bumped the front tire of
causing him to suddenly lose control of the bicycle his bike, hit his left knee and threw him off until he
and hit the rear door on the right side of the fell down on the road.
taxicab. ● The taxicab stopped about ten meters away, and
then moved backwards. Its driver, Completo, just
Abiad, the owner of the taxi: stared at him.
● When Completo applied as a driver of the taxicab, ● When somebody shouted to bring him to the
Abiad required the former to show his bio-data, hospital, two (2) persons helped him and carried
NBI clearance, and driver's license. him into the taxicab driven by Completo, who
● Completo never figured in a vehicular accident brought him to the hospital.
since the time he was employed in February 1997.
● Being the operator of taxicab, Abiad would wake
up early and personally check all the taxicabs.
ISSUE(S), HOLDING, AND RATIO:
WON Completo caused the collision? -- YES
RULING RATIO
YES, Completo the taxi ● Articles 2176 and 2180 of the Civil Code apply. Article 2176 for Completo the
driver caused the collision. taxi driver and Article 2180 for Abiad the owner of the taxi.
● Moral damages are awarded in quasi-delicts causing physical injuries.
As to Completo the taxi driver:
● It is a rule in negligence suits that the plaintiff has the burden of proving by a
preponderance of evidence the motorist's breach in his duty of care owed to the
plaintiff, that the motorist was negligent in failing to exercise the diligence required
to avoid injury to the plaintiff, and that such negligence was the proximate cause
of the injury suffered.
● It was proven by a preponderance of evidence that Completo failed to exercise
reasonable diligence in driving the taxicab because he was over-speeding at
the time he hit the bicycle ridden by Albayda.
○ Such negligence was the sole and proximate cause of the serious
physical injuries sustained by Albayda.
○ Completo did not slow down even when he approached the intersection of
8th and 11th Streets of VAB. It was also proven that Albayda had the right
of way, considering that he reached the intersection ahead of Completo.
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● It is obvious that a motor vehicle poses a greater danger of harm to a bicyclist
than vice versa.
○ Accordingly, while the duty of using reasonable care falls alike on a
motorist and a bicyclist, due to the inherent differences in the two
vehicles, more care is required from the motorist to fully discharge the
duty than from the bicyclist
○ Usually, more will be required of a motorist than a bicyclist in discharging
his duty of care to the other because of the physical advantages the
automobile has over the bicycle.
As to Abiad the owner of the taxi:
● When an injury is caused by the negligence of an employee, a legal
presumption instantly arises that the employer was negligent.
● The protestation of Abiad to escape liability is short of the diligence required under
the law.
○ Abiad's evidence consisted entirely of testimonial evidence, and the
unsubstantiated and self-serving testimony of Abiad was insufficient to
overcome the legal presumption that he was negligent in the selection
and supervision of his driver.
DISPOSITIVE:
WHEREFORE, in view of the foregoing, the Decision dated January 2, 2006 and the Resolution dated March 30, 2006 of
the Court of Appeals in CA-G.R. CV No. 68405 are hereby AFFIRMED with MODIFICATION, viz.:
(1) The estate of the late Redentor Completo and Elpidio Abiad are solidarily liable to pay P100,000 as temperate
damages and P500,000 as moral damages;
(2) The temperate and moral damages hereby awarded shall earn legal interest at the rate of 6% per annum from
the date of the promulgation of this Decision. Upon finality of this Decision, an interest rate of 12% per annum shall be
imposed on the amount of the temperate and moral damages until full payment.
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