- Petitioner
- Cornelio Lampesa
- Respondent
- Dr. Juan de Vera, Jr.
- Citation
- G.R. No. 155111
- Court
- Supreme Court
- Division
- Second Division
- Ponente
- Quisumbing, J.
- Decided
- February 14, 2008
Summary
This Supreme Court case involves a vehicular accident on December 28, 1988, where a truck driven by Dario Copsiyat hit a passenger jeepney, causing amputation of passenger Dr. Juan de Vera Jr.'s left middle finger. The Court applied quasi-delict principles under Articles 2176 and 2180 of the Civil Code, finding the truck driver negligent and the truck owner Cornelio Lampesa liable for failing to exercise due diligence in supervision. The Court affirmed awards of P75,000 moral damages, P22,000 actual damages, and P15,000 attorney's fees. The decision reinforces the presumption of employer negligence when employees cause harm and the requirement for employers to present adequate proof of due diligence in selection and supervision to avoid solidary liability.
Intellegal Wiki · Key Holding
Affirmed the CA, holding that once an employee's negligence is established a presumption arises that the employer was negligent in selection and supervision under Article 2180, which the employer must rebut with proof of due diligence; moral damages were justified under Article 2219(2) for quasi-delicts causing physical injury and attorney's fees under Article 2208(2).
An editorially maintained summary of the rule this Supreme Court decision is cited for — not legal advice.