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G.R. No. 154186. September 18, 2002

PHILIPPINE RABBIT BUS LINES, INC. et al., vs. ANGELITA G. DI�O

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated 18 SEP 2002 :

G.R. No. 154186. (Philippine Rabbit Bus Lines, Inc. and Patricio David v. Angelita G. Di�o).

On July 15, 1987, respondent Angelita G. Di�o brought suit for damages in the Regional Trial Court, Branch 7, Malolos, Bulacan against petitioners Philippine Rabbit Bus Lines, Inc. and its driver, Patricio David, for injuries sustained by her when the Land Rover van in which she was riding was sideswiped by a bus belonging to petitioner corporation and driven by petitioner David. Petitioners denied any liability and instead blamed the driver of respondent's vehicle who allegedly lost control of the same. After trial, judgment was rendered finding petitioners liable and ordering them solidarily to pay damages and attorney's fees to respondent in the total amount of P890,000.00 and the costs of the suit.

Petitioners appealed to the Court of Appeals, which on June 28, 2002 , affirmed the decision of the trial court with modification by reducing the total amount of damages to P355,000.00. Petitioners moved for a reconsideration, but their motion was denied. Hence this petition.

The petition has no merit. In cases of culpa aquiliana, although direct evidence of the defendant's negligence is absent and not readily available, there may be the facts and circumstances accompanying an injury from which the negligence of the defendant may nevertheless be inferred under the doctrine of res ipsa loquitur. These are: (1) where the accident is of a kind which does not ordinarily occur unless someone is negligent; (2) where the instrumentality or agency which caused the injury was under the exclusive control of the person charged with negligence; and (3) where the injury suffered must not have been due to any voluntary action or contribution on the part of the person injured (D.M. Consunji, Inc. v. Court of Appeals, G.R. No. 137873, April 20, 2001).

In the case at bar, respondent cannot say how the collision happened. The fact, however, is that at time of the collision, the bus of petitioner corporation was overtaking respondent's vehicle, and it was the middle right side of the bus which hit the left rear portion of the Land Rover of respondent, causing the latter vehicle to turn turtle and ram a nearby concrete fence. There is no evidence of any contributory negligence on the part of respondent. Under the circumstances, the trial court, as affirmed by the Court of Appeals, did not err in concluding that petitioners were liable under the doctrine of res ipsa loquitur.

For the foregoing reasons, the Court RESOLVED to DENY the petition for lack of showing that the Court of Appeals committed a reversible error.

Very truly yours,

(Sgd) TOMASITA M. DRIS

Clerk of Court

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