G.R. No. 148974 : July 2, 2010 OMC CARRIERS, INC and JERRY AALUCAS y PITALINO, Petitioners, vs.

SPOUSES ROBERTO C. NABUA and ROSARIO T. NABUA, Respondents. FACTS: On August 4, 1995, at about 3:00 pm, an Isuzu private tanker with plate no. PCH 612, owned by and registered in the name of petitioner OMC Carriers, Inc. and then being driven by its employee Jerry P. Aalucas, was cruising along Quirino Highway towards the general direction of Largo, Quezon City. At Barangay Pasong Putik, Novaliches, Quezon City, the aforesaid private tanker hit a private vehicle, an Isuzu Gemini with plate no. NDF 372, which was making a left turn towards a nearby Caltex Gasoline station. The impact heavily damaged the right side portion of the latter motor and mortally injured its 18-year-old driver, Reggie T. Nabua, who was later pronounced dead on arrival at the Fairview Polymedic Hospital. Respondent spouses Berlino and Rosario Nabua, the parents of the victim, filed a Complaint for damages against petitioners and the General Manager of OMC Carriers, Chito Calauag, before the RTC of Quezon City, Branch 224. On January 19, 1998, the RTC rendered a decision of which was in favor of the plaintiffs. The petitioners then appealed the RTC Decision to the CA. On December 28, 1999, the CA rendered a decision which affirmed the decision of the RTC with modifications. ISSUES: (1) WON the OMC Carriers, Inc demonstrated the diligence of good father of a family. (2) WON the Court of Appeals erred when it affirmed the RTCs award of 60, 000.00 as death indemnity and 100,000.00 as moral damages. In addition that the award of attorneys fees was without legal basis. RULING: (1) No. the defendant company failed to produce in court any record or other documentary proof tending to establish that it had exercised all the diligence of a good father of a family in the selection and supervision of its drivers and buses, notwithstanding the calls therefore by both the trial court and the opposing counsel, argues strongly against its pretensions. (2) Death indemnity has been fixed by jurisprudence at 50,000.00. Hence, the amount awarded by the RTC and the CA must be reduced accordingly. On the issue of moral damages, prevailing jurisprudence fixes moral damages of 50,000.00 for death. The rule on the award of attorneys fees is that there must be a justification for the same. On this note, after reading through the text of the CA decision, this Court finds that the same is bereft of any findings of fact and law to justify the award of attorneys fees.