491 Phil. 249
SANDOVAL-GUTIERREZ, J.:
“WHEREFORE, judgment is rendered in favor of the defendants and against the plaintiff, as follows:Petitioner filed a motion for reconsideration but was denied.
1) The complaint is dismissed;
2) Plaintiff is ordered to pay to the defendants the amount of P72,000.00 as and by way of actual damages and the amount of P10,000.00 as and by way of attorney’s fees.
SO ORDERED.”
“Factual questions are determined by the trial court.Petitioner filed a motion for reconsideration but the Appellate Court denied the same in its Resolution dated February 1, 2000.
Factual findings of the trial court shall not be disturbed on appeal unless the trial court has overlooked or ignored some fact or circumstances of sufficient weight or significance which if considered would alter the situation.
The following findings as supported by the evidence on record bears repeating:‘Police investigation reveals that the lights of the bumped tractor was still functioning. As a matter of fact, after completion of the investigation and before leaving the place of the accident, SPO1 Asterio Dismaya advised the defendants not to switch off the lights to avoid further accident (TSN dated August 5, 1993, p. 22 and pp. 35). The defendants obligingly complied (TSN dated July 14, 1994, p. 11). The damaged tractor has its lights on focused on the north road (TSN dated July 27, 1994, p. 34) while the other tractor has its lights on focused on the stalled tractor earlier involved in the accident (TSN dated July 14, 1994, p. 11) purposely to warn approaching vehicles of the traffic condition.Coming now to the third issue, the trial court correctly awarded damages in favor of the defendant-appellee, contrary to the submission of plaintiff-appellant that the award was not justified in the text of decision and without the trial court’s findings that the Complaint was filed in bad faith.
In addition, since the road is one (1) km straight long (TSN dated August 5, 1993, p.37) it is, therefore, logical that plaintiff’s driver could have very well seen the defendant’s tractor lying stationary on the eastern portion of the left lane of the road. And four (4) meters ahead of the tractor is the Oldsmobile car on the shoulder of the road. Therefore, the plaintiff’s bus should have slacken its speed upon seeing the two (2) vehicles. To say that plaintiff’s driver did not see the tractor with its lights blinking dim and bright and the improvised early warning devide (sic) fifteen (15) meters ahead of the tractor is highly inconceivable. This lends credence to the plaintiff’s bus overspeeding with 100km/hour. Because of the great speed, it was too late for the plaintiff’s driver to make a full stop albeit he stepped on the brake.x x x
That plaintiff has the last clear chance to avoid the injury is well demonstrated by the following reasons, viz:
First, it might bear repeating that the lights of the other tractor was focused on the stalled tractor lying idly on the cemented pavement of the road while, the damaged tractor has its light focused on the northern portion of the road as a warning to on-going vehicles.
Upon seeing the lights of the plaintiff’s on-going bus, defendant’s caused the lights of the (2) tractors to blink dim and bright as a warning (TSN dated July 27, 1994, p. 38). However, since the plaintiff’s driver gross, reckless and wanton negligence as it was traveling at a speed of 100 km/hour, it did not see the warning and rammed/bumped defendant’s tractor.
Second, defendant Sinforoso placed an improvised early warning device (i.e., a gasoline container leaves of trees with grease and diesel oil duly lighted) (TSN dated July 27, 1994, p. 8) in the middle of the road fifteen (15) meters from the tractor (p. 35).
Certainly, the improvised early warning device cannot escape the plaintiff’s driver attention as a warning for which reason, he should have slacken its speed or have the bus at full stop.
Third, from the distance of the Oldsmobile car to the tractor which is four (4) meters from each other, it is unbelievable that plaintiff’s driver bumped/rammed the tractor in order to avoid bumping the Oldsmobile car. As established by the defendant, the Olsmobile car is already on the shoulder of the road facing northward.
Fourth, the headlights of the bus will itself reveal the presence of the Oldsmobile car and the tractor. Not to mentioned that the road is a one (1) km. straight which will therefore give a clear view of the road ahead. Had the bus not traveling at a great speed, the tractor could not have been a total wreck (TSN dated August 5, 1993, p. 33) and the bus landing thirty (30) meters to an open field.
What conclusion, therefore, can be deduced from the above circumstances. Simple. The plaintiff’s driver was traveling a great speed had the LAST CLEAR CHANCE to avoid the accident but failed to do so.’x x x
This Court further notes that aside from being adequately justified, the award made by the trial court is likewise reasonable. The task of fixing the amount of damages is primarily with the trial court and the Court of Appeals can only modify or change the amount awarded when palpably or scandalously and unreasonable excessive which is not obtaining in the case at bar.”
Respondents maintain that the Court of Appeals did not err in rendering the challenged Decision and Resolution in CA-G.R. CV No. 52177.“I
THE COURT OF APPEALS ERRED IN NOT FINDING THAT THE NEGLIGENCE OF THE RESPONDENTS WAS THE DIRECT AND PROXIMATE CAUSE OF THE COLLISION.II
THE COURT OF APPEALS ERRED IN NOT AWARDING THE DAMAGES PRAYED FOR BY THE PETITIONER.”