REMEDIAL LAW | Caravan Travel and Tours v. Abejar, G.R. No. 170631, Feb. 10, 2016

Caravan Travel and Tours v. Abejar,

G.R. No. 170631, Feb. 10, 2016


FACTS: Jesmariane Reyes was walking along the west-bound lane of Sampaguita St., United Paranaque subdivision, Paranaque City. A Mitsubishi L-300 van was travelling along the east-bound lane opposite Reyes. To avoid an incoming vehicle, the van swerved left and hit Reyes. Alex Espinosa, a witness, went to her aid and loaded her in the back of the van. Espinosa told the driver of the van, Jimmy Bautista, to bring Reyes to the hospital. Instead, Bautista left the van parked inside a nearby subdivision with Reyes still in the van. Thereafter, an unidentified civilian came to help and drove Reyes to the hospital. The registered owner of the van was Caravan, which is a corporation engaged in the business of organizing travel and tours. Bautista was Caravan’s employee assigned to drive the van as a service driver. Caravan shouldered the hospitalization expenses of Reyes, but Reyes died 2 days after the accident. Respondent Ermilinda Abejar, Reyes’ paternal aunt and who raised Reyes since she was 9 years old, filed in RTC a complaint for damages against Bautista as Caravan’s employee and Caravan as the registered owner. Bautista was dropped as defendant since summons could not be served upon him. RTC ruled that Bautista was grossly negligent in driving the vehicle. Hence this petition. Caravan argues that Abejar is not a real-party-in-interest for she does not exercise legal or substitute parental authority, nor is she judicially appointed as guardian of Reyes, or her only living relative. Abejar is also not the executor or administrator of the estate of Reyes. According to Caravan, only the victim herself or her heirs can enforce an action based on culpa aquilana such as Abejar’s action for damages. Caravan also excuses itself from liability on the premise that it exercised diligence of a good father of a family in the selection and supervision of its employees. Whether respondent Ermilinda R. Abejar is a real party-in-interest who may bring an action for damages against petitioner Caravan Travel and Tours International, Inc. on account of Jesmariane R. Reyes’ death.


RULING: Yes. “To qualify a person to be a real party-in-interest in whose name an action must be prosecuted, he [or she] must appear to be the present real owner of the right sought to be enforced.”


Here, having exercised substitute parental authority, respondent suffered actual loss and is, thus, a real party-in-interest in this case. First, respondent suffered actual personal loss. With her affinity for Reyes, it stands to reason that when Reyes died, respondent suffered the same anguish that a natural parent would have felt upon the loss of one’s child. It is for this injury — as authentic and personal as that of a natural parent — that respondent seeks to be indemnified. Second, respondent is capacitated to do what Reyes’ actual parents would have been capacitated to do. Both of Reyes’ parents are already deceased. Reyes’ paternal grandparents are also both deceased. The whereabouts of Reyes’ maternal grandparents are unknown. There is also no record that Reyes has brothers or sisters. It was under these circumstances that respondent took custody of Reyes when she was a child, assumed the role of Reyes’ parents, and thus, exercised substitute parental authority over her. As Reyes’ custodian, respondent exercised the full extent of the statutorily recognized rights and duties of a parent. Consistent with Article 220 of the Family Code, respondent supported Reyes’ education and provided for her personal needs. To echo respondent’s words in her Complaint, she treated Reyes as if she were her own daughter.







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