Travellers Insurance & Surety Corp. vs. Court of Appeals
Travellers Insurance & Surety Corp. vs. Court of Appeals
Travellers Insurance & Surety Corp. vs. Court of Appeals
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* FIRST DIVISION.
537
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The petition
1 herein seeks the review and2 reversal of the
decision of respondent
3 Court of Appeals 4affirming in toto
the judgment
5 of the Regional Trial Court in an action for
damages filed by private respondent Vicente Mendoza, Jr.
as heir of his mother who was killed in a vehicular
accident.
Before the trial court, the complainant lumped the
erring taxicab driver, the owner of the taxicab, and the
alleged insurer of the vehicle which featured in the
vehicular accident into one complaint. The erring taxicab
was allegedly covered
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538
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“At about 5:30 o’clock in the morning of July 20, 1980, a 78-year
old woman by the name of Feliza Vineza de Mendoza was on her
way to hear mass at the Tayuman Cathedral. While walking
along Tayuman corner Gregorio Perfecto Streets, she was bumped
by a taxi that was running fast. Several persons witnes sed the
accident, among whom were Rolando Marvilla, Ernesto Lopez and
Eulogio Tabalno. After the bum ping, the old woman was seen
sprawled on the pavement. Right away, the good Samaritan that
he was, Marvilla ran towards the old woman and held her on his
lap to inquire from her what had happened, but obviously she was
already in shock and could not talk. At this moment, a private
jeep stopped. With the driver of that vehicle, the two helped board
the old woman on the jeep and brought her to the Mary Johnston
Hospital in Tondo.
x x x Ernesto Lopez, a driver of a passenger jeepney plying
along Tayuman Street from Pritil, Tondo, to Rizal Avenue and
vice-versa, also witnessed the incident. It was on his return trip
from Rizal Avenue when Lopez saw the plaintiff and his brother
who were crying near the scene of the accident. Upon learning
that the two were the sons of the old woman, Lopez told them
what had happened. The Mendoza brothers were then able to
trace their mother at the Mary Johnston Hospital where they
were advised by the attending physician that they should bring
the patient to the National Orthopedic Hospital becaus e of her
fractured bones . Instead, the victim was brought to the U.S.T.
Hospital where she expired at 9:00 o’clock that same morning.
Death was caused by ‘traumatic shock’ as a result of the severe
injuries she sustained x x x x.
x x x The evidence shows that at the moment the victim was
bumped by the vehicle, the latter was running fast, so much so
that because of the strong impact the old woman was thrown
away and she fell on the pavement. x x x In truth, in that related
criminal case against defendant Dumlao x x x the trial court
found as a fact that therein accused ‘was driving the subject
taxicab in a careless, reckless and imprudent manner and at a
speed greater than what was reasonable and proper without
taking the necessary precaution to avoid accident to persons x x x
con s iderin g the condition of the traffic at the place at the time
aforementioned’ x x x. Moreover, the
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539
driver fled from the scene of the accident and without rendering
assistance to the victim. x x x
x x x Three (3) witnesses who were at the scene at the time
identified the taxi involved, though not necessarily the driver
thereof. Marvilla saw a lone taxi speeding away just after the
bumping which, when it passed by him, said witness noticed to be
a Lady Love Taxi with Plate No. 438, painted maroon, with
baggage bar attached on the baggage compartment and with an
antenae [sic] attached at the right rear s ide. The same
descriptions were revealed by Ernesto Lopez, who further
described the taxi to have x x x reflectorized decorations on the
edges of the glass at the back. x x x A third witness in the person
of Eulogio Tabalno x x x made similar descriptions although,
because of the fas t speed of the taxi, he was only able to detect
the last digit of the plate number which is ‘8.’
x x x [T]he police proceeded to the garage of Lady Love Taxi
and then and there they took possession of such a taxi and later
impounded it in the impounding area of the agency concerned. x x
x [T]he eyewitnesses x x x were unanimous in pointing to that
Lady Love Taxi with Plate No. 438, obviously the vehicle involved
herein. x x x During the investigation, defendant Armando
Abellon, the registered owner of Lady Love Taxi bearing No. 438-
HA Pilipinas Taxi 1980, certified to the fact ‘that the vehicle was
driven last July 20, 1980 by one Rodrigo Dumlao x x x’ x x x It
was on the basis of this affidavit of the registered owner that
caused the police to apprehend Rodrigo Dumlao, and consequently
to have him prosecuted and eventually convicted of the offense x x
x. x x x [S]aid Dumlao absconded in that criminal case, s pecially
at the time of the promulgation of the judgment
6 therein so much
so that he is now a fugitive from justice.”
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6 Decision of the Court of Appeals, pp. 4-6; Rollo, pp. 9-11. [The decision
of the Regional Trial Court was reproduced in its entirety in the decision
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SO ORDERED.”
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541
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542
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can directly sue the insurer, however, the direct liability of the
insurer
543
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11 Malayan Insurance Co., Inc. v. Court of Appeals, 165 SCRA 536, 544
[1988]. Also see Vda. de Maglana v. Consolacion, 212 SCRA 268 [1992].
12 Id., p. 545.
544
II
Petitioner did not tire in arguing before the trial court and
the respondent appellate court that, assuming arguendo
that it had issued the insurance contract over the Lady
Love taxi-cab, private respondent’s cause of action against
petitioner did not successfully accrue because he failed to
file with petitioner a written notice of claim within six (6)
months from the date of the accident as required by Section
384 of the Insurance Code.
At the time of the vehicular incident which resulted in
the death of private respondent’s mother, during which
time the Insurance Code had not yet been amended by
Batas Pambansa (B.P.) Blg. 874, Section 384 provided as
follows:
“Any person having any claim upon the policy issued purs uant to
this chapter shall, without any unnecessary delay, present to the
insurance company concerned a written notice of claim setting
forth the amount of his loss, and/or the nature, extent and
duration of the injuries sustained as certified by a duly licensed
physician. Notice of claim must be filed within six months from
date of the accident, otherwise, the claim shall be deemed waived.
Action or suit for recovery of damage due to loss or injury must be
brought in proper cases, with the Commission or the Courts
within one year from date of accident, otherwise the claimant’s
right of action shall prescribe” [emphasis and italics supplied].
545
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‘The plaintiff’s cause of action did not accrue until his claim was finally
rejected by the insurance company. This is because, before such final
rejection, there was no real necessity for bringing suit.’
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