FIRST DIVISION
[G.R. No. 246093. July 30, 2019.]
ISLAND AIR PRODUCTS CORPORATION, petitioner, vs.LT. COL. JESUS L. ANQUILO, ET AL., respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedJuly 30, 2019which reads as follows:
"G.R. No. 246093 (ISLAND AIR PRODUCTS CORPORATION, Petitioner, v. LT. COL. JESUS L. ANQUILO, ET AL., Respondents.) — Acting on the petitioner's motion for extension of time to file petition, the same is GRANTED. The petitioner is given an extension of thirty (30) days within which to file their petition, counted from the expiration of the reglementary period to file such petition.
After deliberating on the petition, the Court resolves to DENY the same for failure to show reversible error committed by the Court of Appeals (CA) in its questioned decision 1 and resolution 2 promulgated on June 21, 2018 and January 14, 2019, respectively, in CA-G.R. CV No. 103317.
We sustain the CA's affirmance of the decision of the Regional Trial Court (RTC), Branch 58, San Jose, Camarines Sur, in Civil Case No. T-961. The respondents have proven, by a preponderance of evidence, that the petitioner was the employer of the driver whose negligence caused the incident that resulted to the injuries sustained by PFC Edwin de Jesus and Sgt. Lucito Magbanua, the death of SSG Alex Palileo, and damage to an army vehicle.
However, We modify the award of damages. The moral damages to the widow of Palileo should be reduced to P100,000.00. 3 Considering that Palileo was shown to be have been employed at the time of his death and there being no evidence to show his actual earnings and personal circumstances, the award of P300,000.00 as temperate damages is in order. 4
WHEREFORE, the Court DENIES the petition for review for being unmeritorious; AFFIRMS with MODIFICATION the June 21, 2018 decision and January 14, 2019 resolution of the Court of Appeals in CA-G.R. CV No. 103317 in that the awarded moral damages in favor of the heir of Alex Palileo is reduced to P100,000.00, while the temperate damages is fixed at P300,000.00. All monetary award shall earn interest of 6% per annum from finality of this resolution until full payment.
SO ORDERED."
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court
Footnotes
1.Rollo, pp. 24-38; The assailed CA decision and resolution were penned by Associate Justice Marie Christine Azcarraga-Jacob, with the concurrence of Associate Justice Celia C. Librea-Leagogo and Associate Justice Samuel H. Gaerlan.
2.Id. at 40-43.
3.Enriquez v. Isarog Line Express Transport, Inc., G.R. No. 212008, November 16, 2016, 809 SCRA 223.
4.Tan v. OMC Carriers, Inc., G.R. No. 190521 (Resolution), January 12, 2011, 639 SCRA 471.