CA lowers heir’s pay

CEBU, Philippines - The Court of Appeal has affirmed with modification the decision of the lower court directing the owner of a vehicle to pay the heirs of a church employee who died of vehicular accident in 2001 for actual damages.

Associate Justice Ma. Luisa Quijano-Padilla in her 16-page decision partly granted the appeal filed by the defendant-appellant, Lamberto Legaspi.

“The September 14, 2007 decision of the Regional Trial Court, Branch 23, Cebu City is hereby affirmed with modification. The award of P64,316 as reimbursement on the motorcycle repair is deleted and the award of actual damages is reduced from P73,619.36 to P43,210,” the decision reads.

The case stemmed from a complaint filed by Anita Dichos, the wife of late Nicanor Dichos, and the Archdiocese of Cebu thru Redemptorist Fathers/Basic Ecclesial Communities (BEC) against Legaspi and his driver Ricardo Bonghanoy.

On July 1, 2001 at around 6:30 p.m. while Nicanor was traversing along the national highway in Lawa-an, Talisay City, he met a vehicular accident that led to his death.

According to Anita, her husband was driving a Suzuki motorcycle with Plate No. GJ-4513 registered under the name of the Archdiocese of Cebu thru Redemptorist Fathers and BEC heading towards Minglanilla when a Mitsubishi L-300 van driven by Bonghanoy collided.

She said the collision of two vehicles came after Bonghanoy allegedly encroach the left lane intended for southbound vehicles. Thus, she said it hit and bumped the motorcycle driven by her husband.

Defendants on their part denied the allegation. They stated that the accident was due to the negligence of the victim.

As counterclaimed, Legaspi and Bonghanoy asked plaintiff to pay for moral and exemplary damages, attorney’s fees and litigation expenses towards them. Aside from that, defendants also asked for the dismissal of the case.

Bonghanoy died while the trial of the case was still going on. With that, Legaspi’s counsel asked the court for the issuance of an order of substitution of the legal representatives of Bonghanoy but the defendant said it was not acted by the court.

Despite the evidences presented by the defendants, the court ruled in favor of the plaintiff and directed them to pay the heirs of Nicanor P50,000 for death indemnity; P73,619.36 as actual damages; P20,000 as attorney’s fees and P1,500 per court appearance and P50,000 for moral damages.

The court likewise ordered defendants to pay jointly P64,316 for the repair of the damaged motorcycle.

Legaspi appealed the decision citing the trial court erred in its ruling.

Aside from Legaspi, the plaintiff-appellant likewise appealed the decision of the court citing the trial court failed to award them exemplary damages and others.

Padilla in its ruling denied the appeal filed by the plaintiff-appellant for lack of merit and partially granted the appeal filed by Legaspi.

For the actual damages, Padilla said there was no evidence to support the P73,619.36 based on the evidences. Thus, she reduced it to P43,210. (FREEMAN)