[LOPEZ] G.R. No. 162104 September 15, 2009
Due to R Transports absence in the cross-examination, and the
R TRANSPORT CORPORATION, petitioner, vs. EDUARDO PANTE,
respondent.
Topic: Common Carrier; Damages
Doctrine: As cited by the Court of Appeals in Jarco Marketing Corporation
v. Court of Appeals, actual damages was awarded for hospitalization
expenses that was evidenced by a statement of account issued by the
Makati Medical Center.
Facts:
1. R Transport Corporation (R Transport), represented by its owner and
president Rizalina Lamzon, is a common carrier engaged in
operating a bus line transporting passengers to Gapan from Cubao,
and back.
2. Eduardo Pante was a passenger of R Transports R.L. Bus Liner
bound for Gapan. Pante paid the P48.00 fare, and got a bus ticket.
3. While travelling along Dona Remedios Trinidad Highway in Bulacan,
the bus hit a tree and a house due to the fast and reckless driving of
the bus driver, Johnn Merdiquia.
4. Pante sustained a laceration in the frontal area, with fracture of the
right humerus, or the bone that extends from the shoulder to the
elbow of the right arm, as found by the Baluiag District Hospital.
5. The hospital's Statement of Account showed that respondents
operation and confinement cost 22,870.00, and 8,072.60 for his
medication. He was informed that he had to undergo a second
operation after two years of rest. He was unemployed for almost a
year after his first operation because Goldilocks, where he worked as
a production crew, refused to accept him with his disability as he
could not perform his usual job.
6. By way of initial assistance, R Transport gave Pantes wife
P7,000.00, which was spent for the stainless steel instrument used in
Pantes fractured arm.
7. Pante then underwent his second operation, where he spent
P15,170.00. Hence, Pante demanded for full payment or
reimbursement but R Transport refused.
8. Hence, Pante filed a complaint for damages against R Transport for
the injuries. R Transport argued that it had always exercised ordinary
diligence in the selection and supervision of its employees, and that
the accident was force majeure.
1
1.) 39,112.60 as actual damages;
2.) 50,000.00 as moral damages;
3.) 50,000.00 as exemplary damages;
9.
presentation of evidence, the court declared it to have waived its
right to present evidence. Hence, the RTC ruled in favor of Pante,
awarding actual, moral and exemplary damages, and attorneys
fees.1
10. CA affirmed the decision of the trial court. Hence, this petition for
review.
11. R Transport argues that the award of damages is not proper,
because:
a. Actual damages cannot be based on statement of account,
only on an official receipt
b. Moral damages cannot apply for actions for damages
predicated on breach of contract
c. Exemplary damages cannot be awarded as it did not act in a
wanton, fraudulent, etc. manner.
Issue: W/N R Transport is liable for damages
Held: Yes!
1. The testimonial evidence of Pante showed that R Transport, through
its bus driver, failed to observe extraordinary diligence, and was,
therefore, negligent in transporting the passengers of the bus safely
to Gapan. According to Art. 1759 of the Civil Code, even if petitioner
was able to prove that it exercised the diligence of a good father of
the family in the selection and supervision of its bus driver, it is still
liable to respondent for the physical injuries he sustained due to the
vehicular accident.
2. R Transport cannot complain that it was denied due process when
the trial court waived its right to present evidence, it failed to attend
the hearing scheduled for reception of its evidence. It only made
innumerable motions to reset the hearings to the point that this case
dragged [on] for seven years from its filing up to the time that it has
been submitted for decision.
3. Re: Actual Damages: Awarded. As cited by the Court of Appeals in
Jarco Marketing Corporation v. Court of Appeals, actual damages
was awarded for hospitalization expenses that was evidenced by a
statement of account issued by the Makati Medical Center. Hence,
the statement of account is admissible evidence of hospital
expenses incurred by respondent.
4.) Twenty-five percent (25%) of the total of which shall
constitute a lien as contingent fee of plaintiffs counsel
 4. Re: Moral Damages: Awarded. In accordance with Sps. Ong, v. CA2,
and since Pante suffered physical pain, mental anguish and anxiety
as a result of the vehicular accident, the award of moral damages in
the amount of 50,000.00 is proper.
5. Re Exemplary Damages: Awarded. In this case, Pantes testimonial
evidence showed that the bus driver, Johnny Merdiquia, was driving
the bus very fast in a reckless, negligent and imprudent manner. The
award of exemplary damages is, therefore, proper. The award of
exemplary damages is justified to serve as an example or as a
correction for the public good.
6. Re:Attorneys Fees: Awarded. Such is justified as Pante was a
pauper-litigant.

WHEREFORE, petition is DENIED.

2
In Spouses Ong, the Court held that a person is entitled to the integrity of his body and if award moral damages for physical injuries sustained. In Spouses Ong, the Court awarded
that integrity is violated, damages are due and assessable. Thus, the usual practice is to moral damage