Case Digest: Mallari vs. Court of Appeals, G.R. No. 128607

 

Mallari vs. Court of Appeals, G.R. No. 128607, January 31, 2000

Subject: Transportation Law

FACTS

the passenger jeepney driven by petitioner Alfredo Mallari Jr. and owned by his co-petitioner Alfredo Mallari Sr. collided with the delivery van of respondent Bulletin Publishing Corp.) along the National Highway in Barangay San Pablo, Dinalupihan, Bataan. The collision occurred after Mallari Jr. overtook the Fiera while negotiating a curve in the highway resulting in injuries to its passengers one of whom was Israel Reyes who eventually died due to the gravity of his injuries.

Claudia G. Reyes, the widow of Israel M. Reyes, filed a complaint for damages with the Regional Trial Court of Olongapo City against Alfredo Mallari Sr. and Alfredo Mallari Jr., and also against BULLETIN, its driver Felix Angeles, and the N.V. Netherlands Insurance Company. The complaint alleged that the collision which resulted in the death of Israel Reyes was caused by the fault and negligence of both drivers of the passenger jeepney and the Bulletin Isuzu delivery van.

The trial court found that the proximate cause of the collision was the negligence of Felix Angeles, driver of the Bulletin delivery van. Hence, the trial court ordered BULLETIN and Felix Angeles to pay jointly and severally Claudia G. Reyes, widow of the deceased victim. On appeal the CA reversed RTC’s decision absolving respondent BULLETIN, Felix Angeles and N.V. Netherlands Insurance Company. It ordered petitioners Mallari Jr. and Mallari Sr. to compensate Claudia G. Reyes. Hence, this petition.

ISSUE

Whether or not the collision was caused by the sole negligence of petitioner Alfredo Mallari Jr.

RULING

Yes, the collision was caused by the sole negligence of petitioner Alfredo Mallari Jr.

Under the law, a driver abandoning his proper lane for the purpose of overtaking another vehicle in an ordinary situation has the duty to see to it that the road is clear and not to proceed if he cannot do so in safety. When a motor vehicle is approaching or rounding a curve, there is special necessity for keeping to the right side of the road and the driver does not have the right to drive on the left-hand side relying upon having time to turn to the right if a car approaching from the opposite direction comes into view.

In this case, the proximate cause of the collision resulting in the death of Israel Reyes, a passenger of the jeepney, was the sole negligence of the driver of the passenger jeepney, petitioner Alfredo Mallari Jr., who recklessly operated and drove his jeepney in a lane where overtaking was not allowed by traffic rules. Under Art. 2185 of the Civil Code, unless there is proof to the contrary, it is presumed that a person driving a motor vehicle has been negligent if at the time of the mishap he was violating a traffic regulation. As found by the appellate court, petitioners failed to present satisfactory evidence to overcome this legal presumption.