G.R. No. 199886, December 03, 2014 CAGAYAN II ELECTRIC COOPERATIVE, INC., REPREENTED !Y IT"ANAGER AND C#IE$ E%EC&TIVE O$$ICER, GA!RIEL A. TORDEILLA, Petitioner, v.ALLAN RAPANAN AND "ARY GINE TANGONAN, Respondents. D E C I I O N VILLARA"A, 'R.,J.( This is a petition for review on certiorari under Rule 45 of the 1997 Rules of Civil Procedure, as amended, assailing the ecem!er ", #$11 ecision 1 of the Court of %ppeals &C%' in C.%. (.R. C) *o. 77+59. The appellate court granted the appeal of respondents %llan Rapanan and ar- (ine Ta ngonan and held petitioner Caga-an /lectric Cooperativ e, nc. lia!le for 0uasidelict resulting in the death of Camilo Ta ngonan and ph-sical in2uries of Rapanan, and ordering it to pa- respondents damages and attorne-3s fees. The antecedents of the case followchanro!lesvirtuallawli!rar- n cto!er 61, 199", around 9$$ p.m., a motorc-cle with three passengers figured in a mishap along the *ational ighwa- of addalero, 8ugue-, Caga-an. t was driven !- its owner Camilo Tangonan who died from the accident, while his companions respondent Rapanan and one /rwin Coloma suffered in2uries. n arch #9, #$$$, Rapanan and Camilo3s common law wife, respondent ar- (ine Tangonan , filed !efore the Regional Tr ial Court &RTC' of %parri, Caga-an a complaint # for damages against petitioner. The- alleged that while the victims were traversing the national highwa-, t he- were strucand electrocuted !- a live tension wire from one of the electric posts owned !- petitioner. Th e- contended that the mishap was due to petitioner3s negligence when it failed to fi: and change said live tension wire despite !eing immediatel- informed !- residents in the area that it might pose an immediate danger to persons, animals and vehicles passing along the national highwa-. ar- (ine pra-ed that she !e awarded P5$,$$$ civil indemnit-, P# 5,$$$ !urial e:penses, P1,5"4,$$$ indemnit- for loss of earning capacit- and P1$$,$$$ mo ral and e:emplar- damages. Rapanan, on the other hand, pra-ed for P1$,$$$ for his medical treatment and P5$,$$$ moral and e:emplar- damages. 8oth ar- (ine and Rapanan pra-ed for 6$; of the total award representing attorne-3s fees. n its %nswer, 6 petitioner alleged that the t-phoons that strucits areas of responsi!ilit- caused some of its electric poles to fall and high tension wires to snap or cutoff which caused !rownouts in said areas. t claimed that the- cannot !e faulted for negligence if there were electric wires dangling along the national road since the- were caused !- t-phoons which are fortuitous events. t also alleged that it was a!le to clear the said areas of fallen electric poles and dangling or hanging high tension wires immediatel- after the t-phoons, to secure the safet- of persons and vehicles traveling in said areas. t liewise contended that the pro:imate cause of the mishap was the victims3 negligence and imprudence in operating and driving the motorc-cle the- were riding on. uring the trial, respondents testified and also presented r. Tr iffan- C. asim as witness. ar- (ine testified 4 that she is not married to Camilo !ut the- are li ving together and that the- have one child. <he also testified that she spent P#$,77+ for the funeral e:penses of Camilo. <he herself prepared an itemi=ed list and computation of said e:penses. <he also claimed that Camilo wored as a 2eepne- driver earning P15$ per da- and that as a result of Camilo3s death, she suffered sleepless nights and lost weight. Rapanan testified 5 that he, Camilo and one /rwin Coloma were riding a motorc-cle along the *ational ighwa- of addalero, 8ugue-, Caga-an on cto!er 61, 199", around 9$$ in the evening. e claimed that the- saw a wire dangling from an electric post and !ecause of a strong wind that !lew, the- got wound !- said dangling wire. e suffered ph-sical in2uries and electric !urns and was hospitali=ed for seven da-s. e claimed to have spent around P1$,$$$ for his medicines, and also complained of sleepless nights !ecause of the mishap. r. Triffan- C. asim, the ph-sician who attended to the victims when the- were rushed to the %lfonso Ponce
