Cited Laws
TL;DR — Ruling
we affirm the ruling of the Court of Appeals that petitioner is liable for the injuries suffered by respondent.
Accordingly, we affirm the ruling of the Court of Appeals that petitioner is liable for the injuries suffered by respondent. It should be emphasized that the legal obligation of employers to observe due diligence in the selection and supervision of their employees provided in Article 2180 of the Civil Code is not an empty provision or a mere formalism since the non-observance thereof actually becomes the basis of the employers' vicarious liability. [11] Employers should thus seriously observe such a degree of diligence (and prove it in court by sufficient and concrete evidence) that would exculpate them from liability. Petitioner next contends that, even if he is liable, the award of damages given to respondent should be decreased or mitigated because respondent was guilty of contributory negligence. Petitioner claims that his driver was allegedly caught unaware when the passenger jeepney hailed by respondent suddenly stopped at the intersection of a national highway. Petitioner argues that, had respondent flagged down the passenger jeepney at the proper place, the accident could have been avoided. [12] Petitioner's contention has no merit. Article 2179 provides: When the plaintiff's own negligence was the immediate and proximate cause of his injury, he cannot recover damages. But if his negligence was only contributory, the immediate and proximate cause of the injury being the defendant's lack of due care, the plaintiff may recover damages, but the courts shall mitigate the damages to be awarded. The underlying precept of the above article on contributory negligence is that a plaintiff who is partly responsible for his own injury should not be entitled to recover damages in full but must bear the consequences of his own negligence. The defendant must thus be held liable only for the damages actually caused by his negligence. [13] In the present case, was respondent partly negligent and thus, should not recover the full amount of the damages awarded by the trial court? We rule in the negative. There was no evidence that respondent Begasa and his three companions flagged down the passenger jeepney in a prohibited area. All the facts showed was that the passenger jeepney was near the corner of Araneta and Magsaysay Streets, Bacolod City when petitioner's driver bumped it from the rear. No city resolution, traffic regulation or DPWH memorandum was presented to show that the passenger jeepney picked up respondent and his three companions in a prohibited area. In fact, the trial court dismissed the case against the driver and owner of the passenger jeepney on the ground that they were not liable, meaning, that no negligence could be attributed to them. The trial court also found no negligence on the part of respondent Begasa. This factual finding was affirmed in toto by the Court of Appeals. [14] It must be emphasized that petitions for review under Rule 45 of the Rules of Court should deal only with questions of law. The factual conclusions of the Co