#1 Torts and Damages Case Digest: Valenzuela v. CA (1996)

#1 Torts and Damages Case Digest: Valenzuela v.
CA (1996)
G.R.No. 115024 February 7, 1996
Lessons Applicable:
 Calculation of Risk (Torts and Damages)
 Factors in Determining Amount (Torts and Damages)
FACTS:
 June 24, 1990 2 am: While driving from her restaurant at Araneta avenue towards
the direction of Manila, Ma. Lourdes Valenzuela noticed that she had a flat tire so she
parked along the sidewalk about 1 1/2 feet away, place her emergency lights and seeked
help
o She was with her companion Cecilia Ramon
 While she was pointing her tools to the man who will help her fixed the tires, she
was suddenly hit by another Mitsubishi Lancer driven by Richard Li who was intoxicated
and she slammed accross his windshield and fell to the ground
 She was sent to UERM where she stayed for 20 days and her leg was amputated
and was replaced with an artificial one.
o Her expenses totalled 147, 000 [120,000 php (confinement) + 27, 000
(aritificial leg)]
 RTC: Richard Li guilty of gross negligence and liable for damages under Article
2176 of the Civil Code. Alexander Commercial, Inc., Li’s employer, jointly and severally
liable for damages pursuant to Article 2180 P41,840 actual damages, P37,500 unrealized
profits because of the stoppage of plaintiffs Bistro La Conga restaurant 3 weeks after the
accident on June 24, 1990, P20,000 a month as unrealized profits of Bistro La
Conga restaurant, from August, 1990 until the date of this judgment, P30,000.00, a
month, for unrealized profits in 2 Beauty salons, P1,000,000 in moral damages, P50,000,
as exemplary damages, P60,000, as reasonable attorney’s fees and costs.
 CA: there was ample evidence that the car was parked at the side but absolved
Li's employer
o Li: 55 kph - self serving and uncorraborated
o Rogelio Rodriguez, the owner-operator of an establishment located just

across the scene of the accident: Valenzuela’s car parked parallel and very near
the sidewalk and Li was driving on a very fast speed and there was only a drizzle
(NOT heavy rain)
ISSUE:
1. W/N Li was driving at 55 kph - NO
2. W/N Valenzuela was guilty of contributory negligence - NO
3. W/N Alexander Commercial, Inc. as Li's employer should be held liable - YES
4. W/N the awarding of damages is proper. - YES.
HELD: CA modified with reinstating the RTC decision
1. NO
 If Li was running at only about 55 kph then despite the wet and slippery road, he
could have avoided hitting the Valenzuela by the mere expedient or applying his brakes at
the proper time and distance
 it was not even necessary for him to swerve a little to the right in order to safely
avoid a collision with the on-coming car since there is plenty of space for both cars,
since Valenzuela car was running at the right lane going towards Manila and the on-
coming car was also on its right lane going to Cubao
2. NO.
 Contributory negligence is conduct on the part of the injured party, contributing as

a legal cause to the harm he has suffered, which falls below the standard to which he is
required to conform for his own protection
 emergency rule
o an individual who suddenly finds himself in a situation of danger and is

required to act without much time to consider the best means that may be adopted
to avoid the impending danger, is not guilty of negligence if he fails to undertake
what subsequently and upon reflection may appear to be a better solution, unless
the emergency was brought by his own negligence
 She is not expected to run the entire boulevard in search for a

parking zone or turn on a dark Street or alley where she would likely find
no one to help her
 She stopped at a lighted place where there were people, to verify

whether she had a flat tire and to solicit help if needed
 she parked along the sidewalk, about 1½ feet away, behind a

Toyota Corona Car
3. YES.
 Not the principle of respondeat superior, which holds the master liable for acts of
the servant (must be in the course of business), but that of pater familias, in which the
liability ultimately falls upon the employer, for his failure to exercise the diligence of a
good father of the family in the selection and supervision of his employees
 Ordinarily, evidence demonstrating that the employer has exercised diligent

supervision of its employee during the performance of the latter‘s assigned tasks would
be enough to relieve him of the liability imposed by Article 2180 in relation to Article
2176 of the Civil Code.
o situation is of a different character, involving a practice utilized by large

companies with either their employees of managerial rank or their representatives.
 Moreover, Li’s claim that he happened to be on the road on the night of the
accident because he was coming from a social visit with an officemate in Parañaque was
a bare allegation which was never corroborated in the court below. It was obviously self-
serving. Assuming he really came from his officemate’s place, the same could give rise to
speculation that he and his officemate had just been from a work-related function, or they
were together to discuss sales and other work related strategies.
 Alexander Commercial, Inc. has not demonstrated, to our satisfaction, that it

exercised the care and diligence of a good father of the family in entrusting its company
car to Li
4. YES.
 As the amount of moral damages are subject to this Court’s discretion, we are of
the opinion that the amount of P1,000,000.00 granted by the trial court is in greater
accord with the extent and nature of the injury -. physical and psychological - suffered by
Valenzuela as a result of Li’s grossly negligent driving of his Mitsubishi Lancer in the
early morning hours of the accident.
o the damage done to her would not only be permanent and lasting, it would
also be permanently changing and adjusting to the physiologic changes which her
body would normally undergo through the years. The replacements, changes, and
adjustments will require corresponding adjustive physical and occupational
therapy. All of these adjustments, it has been documented, are painful.

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#1 Torts and Damages Case Digest: Valenzuela v.

 Calculation of Risk (Torts and Damages)

 Factors in Determining Amount (Torts and Damages)

o She was with her companion Cecilia Ramon

o Li: 55 kph - self serving and uncorraborated

o Rogelio Rodriguez, the owner-operator of an establishment located just

HELD: CA modified with reinstating the RTC decision

 Contributory negligence is conduct on the part of the injured party, contributing as

o an individual who suddenly finds himself in a situation of danger and is

 She is not expected to run the entire boulevard in search for a

 She stopped at a lighted place where there were people, to verify

 she parked along the sidewalk, about 1½ feet away, behind a

 Ordinarily, evidence demonstrating that the employer has exercised diligent

o situation is of a different character, involving a practice utilized by large

 Alexander Commercial, Inc. has not demonstrated, to our satisfaction, that it

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