SABINIANO DUMAYAG vs. PEOPLE OF THE PHILIPPINES, G.R.
No. 172778, November 26, 2012
“ x x x.
Under the proven circumstances, there was contributory negligence on the part of
petitioner. It is to be noted that there were two blind curves along the
national highway. Having travelled along it for the past 20 years, he was aware
of the blind curves and should have taken precaution in operating the passenger
bus as it approached them. In the situation at hand, he did not exercise the
necessary precaution. After negotiating the first curve, he claimed to have
stepped on the accelerator pedal because his lane was clear. According to SPO2
Patalinghug, he found skid marks produced by the passenger bus. It could only
mean that petitioner had slammed on the brake brought about by the sudden
emergence of the tricycle in front of him. Notwithstanding, it was still short
of reckless or criminal negligence as he was driving along his rightful lane.
Considering that the proximate cause was the negligence of
the tricycle driver and that negligence on the part of petitioner was only
contributory, there is a need to mitigate the amounts of the civil liability
imposed on the latter. The determination of the mitigation of the civil
liability varies depending on the circumstances of each case.31 The Court allowed the reduction of 50%
in Rakes v. Atlantic Gulf & Pacific Co.,32 20% in Phoenix Construction, Inc. v.
IAC33 and LBC Air Cargo, Inc. v. CA, 34 and 40% in Bank of the Philippine
Islands v. CA 35 and Philippine Bank of Commerce v. CA.36
In this case, a reduction of 50% of the actual damages is
deemed equitable considering that the negligence of the tricycle driver was the
proximate cause of the accident and that of petitioner was merely contributory.
Moreover, under the circumstances, petitioner cannot be made liable for moral
and exemplary damages for lack of basis. The award of attorney's fees is not
warranted either.
X x x.”
