WHEREFORE, the instant petition is hereby GRANTED, but the decision of the trial court as affirmed by the Court of Appeals is hereby. MODIFIED, as follows:
1. Petitioner Government Service Insurance System is ordered to pay (a) twelve thousand pesos (P12,000.00) as death indemnity to each group of heirs of the deceased, Willie Calabia Sr., Roland Kho and Maxima Ugmad Vda. de Kho; (b) eight hundred thirty-two (P832.00) pesos for medical expenses of Victoria Jaime Vda. de Kho; and (c) eight thousand, nine hundred thirty-five pesos and six centavos (P8,935.06) for medical expenses of Gloria Kho Vda. de Calabia.
2. Guillermo Corbeta, National Foods Authority, and Mabuhay Insurance & Guaranty Co., Inc., jointly and severally, are ordered to pay private respondents' claims 28 as adjudged by the Regional Trial Court of Butuan City, minus the amounts that GSIS must pay to the injured victims and the heirs of the deceased victims as above stated.
This decision is immediately executory. No pronouncement as to cost.
Bellosillo, Mendoza and Buena, JJ., concur.
Puno, J., took no part.
1 Penned by Associate Justice Jainal D. Rasul, concurred by Associate Justices Fidel P. Purisima and Jorge S. Imperial; Rollo, pp. 23-30.
2 Court of Appeals Rollo, pp. 75-76. Emphasis supplied.
3 Id. at 85-86. Emphasis supplied.
4 Annex A, RTC records, Civil Case No. 2256, p. 13. The police report states that only three (3) passengers died on the spot and another one (1) died a few hours later at Santos Hospital.
5 Penned by Judge Rosarito F. Abalos.
6 Court of Appeals Rollo, p. 70.
7 Id. at 70-71.
9 Rollo, p. 30.
10 Court of Appeals, Rollo, p. 152 B-C.
11 Civil Code of the Philippines, art. 1207 states The concurrence of two or more creditors or of two or more debtors in one and the same obligation does not imply that each one of the former has a right to demand or that each one of the latter is bound to render, entire compliance with the prestations. There is a solidary liability only when the obligation expressly so states, or when the law or the nature of the obligation requires solidarity.
12 Civil Code of the Philippines, art. 1208 states If from the law, or the nature or the wording of the obligations to which the preceding article refers the contrary does not appear, the credit or debt shall be presumed to be divided into as many equal shares as there are creditors or debtors, the credits or debts being considered distinct from one another, subject to the Rules of Court governing the multiplicity of suits.
13 Insurance Code, sec. 374 states It shall be unlawful for any land transportation operator or owner of a motor vehicle to operate the same in the public highways unless there is in force in relation thereto a policy of insurance or guaranty in cash or surety bond issued in accordance with the provisions of this chapter to indemnify the death or bodily injury of a third party or passenger, as the case may be, arising from the use thereof.
14 Insurance Memorandum Circular No. 5-78, paragraph I.
15 167 SCRA 386 (1988).
16 Id. at 390-391.
17 Malayan Insurance Co., Inc v. Court of Appeals, 165 SCRA 536, 554 (1988); citing Coquia v. Fieldman 's Insurance Co., Inc., 26 SCRA 178 (1969).
20 Employers shall be liable for the damages caused by their employees.
21 See Vda. de Maglana vs. Consolacion, 212 SCRA 268 (1992).
22 Insurance Memorandum Circular No. 5-78. Subject: Schedule of Indemnities for Death and/or Bodily Injuries, Professional Fees, Hospital and Other Charges Payable under a Compulsory Motor Vehicle Liability Insurance Coverage.
xxx xxx xxx
II. SCHEDULE OF INDEMNITIES . . .
A. DEATH INDEMNITY Maximum of P 12,000.00
23 People v. Pareja, 30 SCRA 693, 703 (1969).
24 Regional Trial Court, folder of exhibits, p. 58.
25 See Pacific Timber Export Corp. v. CA , 112 SCRA 199, 206 (1982).
26 MD Transit & Taxi Co., Inc. v. Estrella, 113 SCRA 378, 387 (1982); citing Blanco v. WCC, 29 SCRA 7 (1969).
27 The decision of the trial court as affirmed by the Court of Appeals not having been appealed by the insurer (MICG) of the Toyota Tamaraw, the same is now final as far as that entity is concerned, and may not be modified by this Court. Failure of any parties to appeal the judgment as against him makes such judgment final and executory. (Firestone Tire and Rubber Company of the Philippines vs. Tempongko, 27 SCRA 418. 424 (1969); Singapore Airlines Limited vs. Court of Appeals, 243 SCRA 143, 148 (1995). By the same token, an appeal by one party from such judgment does not inure to the benefit of the other party who had not appealed nor can it be deemed to be an appeal of such other party from the judgment against him.1βwphi1.nκt
28 See Schedule A.
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