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G.R. No. 223178, December 09, 2020

Case Digest

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Kenn Bueno
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639 views5 pages

G.R. No. 223178, December 09, 2020

Case Digest

Uploaded by

Kenn Bueno
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
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Guerrero vs.

Philippine Phoenix Surety


and Insurance, Inc.

G.R. No. 223178

December 9, 2020
FACTS:
On December 31, 2008, at 6:30 p.m., a vehicular accident occurred along the National
Highway in Barangay Gines, Zarraga, Iloilo. The accident involved an Isuzu Sportivo
owned by Atty. Joseph Agustin Gaticales and a Chevrolet pick-up truck owned by
Vicente T. Guerrero. The Chevrolet was driven by Rogelio Cordero at the time of the
accident. The Isuzu sustained significant damage, and the incident was reported to the
Zarraga Municipal Police Station. PO2 Jose Diestro conducted an investigation, and the
police report indicated that the Chevrolet overlapped the center line, causing a head-
on collision with the Isuzu. Cordero fled the scene after the accident. Gaticales filed an
own damage claim with Phil. Phoenix Surety & Insurance, Inc. (Phoenix), where the
Isuzu was insured for P810,000.00. Phoenix paid the claim and sold the Isuzu in a public
auction for P399,050.00. Phoenix filed a complaint for damages against Guerrero and
Cordero to recover the balance of P425,100.00, the participation fee of P9,180.00,
attorney's fees, and the cost of the suit.
Issue:
Whether the police certificate and pictures presented by Phoenix are admissible
and have probative value.

Whether the doctrine of res ipsa loquitur applies in this case.

Whether Guerrero and Cordero are solidarily liable for the damages claimed by
Phoenix.
Ruling:
The Supreme Court granted Guerrero's petition.

The Court reversed and set aside the CA's Decision dated June 23, 2015, and
Resolution dated January 20, 2016.

The Court dismissed Phoenix's complaint in Civil Case No. 09-122267.


Submitted By: Kenn Jaspher B.
Quinit
Submitted To: Atty. Leilani T.

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