VICTORY LINER INC v.

HEIRS OF MALECDAN - As to actual damages: there should be proof of the actual amount of loss incurred in
Damages | 27 Dec 2002 | J. Mendoza connection with the death, wake or burial of the victim. Expenses incurred after burial of
victim cannot be taken into account. While the damages were duly supported by receipts,
Nature of Case: Petition for review these included the cost of one pif butchered for the 9th day death anniversary. This cannot
Digest maker: Africa be allowed. Therefore, actual damages reduced to Php82,439.00.
- As to moral damages: Under Art. 2206, the spouse, legitimate children and illegitimate
SUMMARY: Malecdan, who was riding his carabao, was crossing when he was hit by an
descendants and ascendants of the deceased may demand moral damages for mental
overspeeding bus, resulting to his death and his carabao’s. Driver was found to be guilty of
anguish by reason of the death of the deceased. Damages reduced to Php100,000.
gross negligence in driving while bus company was found to be grossly negligent in the
- On exemplary damages: Under Art. 2231, this may be recovered if defendant acted with
selection and supervision of employee. Damages were then granted.
gross negligence. This is imposed as deterrent against socially deleterious actions. In this
case, Jason Jr was grossly negligent for overspending in a national highway and overtaking
DOCTRINE: As to actual damages: there should be proof of the actual amount of loss
another vehicle which stopped to allow a pedestrian to cross. Worse, he did not help the
incurred in connection with the death, wake or burial of the victim. Expenses incurred after
victim. Php50,000 proper.
burial of victim cannot be taken into account.
- As to attorneys fees: Under Art. 2008, attorneys fees may be recovered when exemplary
damages are awarded, as in the instant case. Php50,000 proper.
As to moral damages: Under Art. 2206, the spouse, legitimate children and illegitimate
descendants and ascendants of the deceased may demand moral damages for mental
RULING: Affirmed with MODIFICATION.
anguish by reason of the death of the deceased.

NOTE:
FACTS: • Case was only appealed by the bus company and the Court affirmed the ruling that it’s
1. Malecdan, a 75-year old farmer, was crossing while he was riding his carabao, when the negligent in selection and supervision of Joson Jr. No evidence that latter had 9 years of
Dalin Liner stopped to allow him to cross. However, as he was crossing, a Victory Liner driving experience and that he attended the driving safety seminar. That he was
bus driven by Jason Jr bypassed the other bus and hit Malecdan and his carabao. The said overspeeding when it overtook the bus was also not disputed.
bus sped past without helping him.
2. Consequently, Malecdan sustained wound on his left shoulder from which bone fragments
protruded. Later on, he and his carabao died. A complaint for reckless imprudence
resulting in homicide and damage to property was filed. The respondents also filed suit for
damages, wherein Joson Jr was found guilty of gross negligence in operation of vehicle and
Victory Liner as grossly negligent in selection and supervision of Joson Jr. The following
was awarded:
a. Php50,000 - death indemnity
b. Php88,339 - actual damages
c. Php200,000 - moral damages
d. Php50,000 - exemplary damages
e. 30% of attorneys fees of whatever amount can be collected by plaintiffs (herein
respondents)
3. This was affirmed by the CA but modified he aware of attorneys fees and fixed it at
Php50,000.

ISSUE/S & RATIO:

1. WON the court erred in granting the aforementioned damages — NO but with
modification