Scribd Logo
Upload

Welcome to Scribd!

  • Pestao V Sumayang

    Uploaded by

    Thameenah Arah
    5 views1 page
    A passenger bus driven by Gregorio Pestao, owned by Metro Cebu Autobus Corporation, hit a motorcycle driven by Amanias Sumayang and his friend Manuel Romagos, killing both. The heirs of Sumayang filed a civil case against Pestao and Metro Cebu. The RTC ordered Pestao and Metro Cebu to pay 30,000 pesos in damages but the Court of Appeals increased it to 50,000 pesos. The Supreme Court upheld the increased death indemnity amount, noting jurisprudence has gradually increased the indemnity amount from 3,000 pesos in the Civil Code to 50,000 pesos due to currency devaluation.

    Original Description:

    Torts & Damages case digest

    Original Title

    Pestao v Sumayang

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    A passenger bus driven by Gregorio Pestao, owned by Metro Cebu Autobus Corporation, hit a motorcycle driven by Amanias Sumayang and his friend Manuel Romagos, killing both. The heirs of Sumayang filed a civil case against Pestao and Metro Cebu. The RTC ordered Pestao and Metro Cebu to pay 30,000 pesos in damages but the Court of Appeals increased it to 50,000 pesos. The Supreme Court upheld the increased death indemnity amount, noting jurisprudence has gradually increased the indemnity amount from 3,000 pesos in the Civil Code to 50,000 pesos due to currency devaluation.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    5 views1 page

    Pestao V Sumayang

    Uploaded by

    Thameenah Arah
    A passenger bus driven by Gregorio Pestao, owned by Metro Cebu Autobus Corporation, hit a motorcycle driven by Amanias Sumayang and his friend Manuel Romagos, killing both. The heirs of Sumayang filed a civil case against Pestao and Metro Cebu. The RTC ordered Pestao and Metro Cebu to pay 30,000 pesos in damages but the Court of Appeals increased it to 50,000 pesos. The Supreme Court upheld the increased death indemnity amount, noting jurisprudence has gradually increased the indemnity amount from 3,000 pesos in the Civil Code to 50,000 pesos due to currency devaluation.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    of 1

    Case no.

    172

    G.R. No. 139875. December 4, 2000

    GREGORIO PESTAO and METRO CEBU AUTOBUS CORPORATION, petitioners, vs.


    Spouses TEOTIMO SUMAYANG and PAZ C. SUMAYANG, respondents.

    Facts:
    Amanias Sumayang was riding a motorcycle with his friend Manuel Romagos when they were hit
    by a passenger bus driven by Gregorio Pestao and owned by Metro Cebu Autobus Corporation.
    Both Amanias and Manuel died as a result of the incident. The heirs of Sumayag filed a civil action
    for damages against Pestao and Metro Cebu. The RTC ruled in their favor and ordered Pestao
    and Metro Cebu to pay the heirs 30,000 pesos for death indemnity and other monetary award.
    The Court of Appeals modified the decision and raised the death indemnity to 50,000 pesos.

    Issue:
    WON the increase of the death indemnity was proper.

    Ruling:
    Yes. The indemnity for death caused by a quasi-delict used to be pegged at 3000 pesos based
    on Art. 2206 of the Civil Code. However, the amount has been gradually increased through the
    years because of the declining value of our currency. At present, prevailing jurisprudence fixes
    the amount at 50,000 pesos.

    You might also like