Victory Liner
Victory Liner
Victory Liner
159636 November 25, 2004 [T]he Decision dated 06 November 1998 is hereby
MODIFIED to reflect that the following are hereby adjudged
in favor of plaintiffs-appellees:
VICTORY LINER, INC., petitioner,
vs.
ROSALITO GAMMAD, APRIL ROSSAN P. GAMMAD, ROI ROZANO 1. Actual Damages in the amount of P88,270.00;
P. GAMMAD and DIANA FRANCES P. GAMMAD, respondents.
2. Compensatory Damages in the amount of
P1,135,536,10;
Assailed in this petition for review on certiorari is the April 11, 2003
decision1 of the Court of Appeals in CA-G.R. CV No. 63290 which
3. Moral and Exemplary Damages in the amount
affirmed with modification the November 6, 1998 decision 2 of the
of P400,000.00; and
Regional Trial Court of Tuguegarao, Cagayan, Branch 5 finding
petitioner Victory Liner, Inc. liable for breach of contract of carriage in
Civil Case No. 5023. 4. Attorneys fees equivalent to 10% of the sum of
the actual, compensatory, moral, and exemplary
damages herein adjudged.
The facts as testified by respondent Rosalito Gammad show that on
March 14, 1996, his wife Marie Grace Pagulayan-Gammad, 3 was on
board an air-conditioned Victory Liner bus bound for Tuguegarao, The court a quos judgment of the cost of the suit against
Cagayan from Manila. At about 3:00 a.m., the bus while running at a defendant-appellant is hereby AFFIRMED.
high speed fell on a ravine somewhere in Barangay Baliling, Sta. Fe,
Nueva Vizcaya, which resulted in the death of Marie Grace and
SO ORDERED.20
physical injuries to other passengers.4
The actual damages awarded by the trial court reduced by the Court of
Appeals should be further reduced. In People v. Duban, 51 it was held