Beruflich Dokumente
Kultur Dokumente
BACARRO v CASTANO
Appeal
taken
by
petitioners
from
a
decision
of
the
Court
of
Appeals,
affirming
that
of
the
Court
of
First
Instance
of
Misamis
Occidental,
the
dispositive
portion
of
which
reads:
WHEREFORE,
judgment
is
hereby
rendered,
ordering
the
defendants
to
jointly
and
severally
pay
to
the
plaintiff
the
sum
of
(1)
P973.10
for
medical
treatment
and
hospitalization;
(2)
P840.20
for
loss
of
salary
during
treatment;
and
(3)
P2,000.00
for
partial
permanent
deformity,
with
costs
against
the
defendants.
The facts are set forth in the decision of the Court of Appeals, from which We quote:
...
In
the
afternoon
of
April
1,
1960,
he
(appellee)
boarded
the
said
jeep
as
a
paying
passenger
at
Oroquieta
bound
for
Jimenez,
Misamis
Occidental.
It
was
then
fined
to
capacity,
with
twelve
(12)
passengers
in
all.
'The
jeep
was
running
quite
fast
and
the
jeep
while
approaching
the
(Sumasap)
bridge
there
was
a
cargo
truck
which
blew
its
horn
for
a
right
of
way.
The
jeep
gave
way
but
did
not
change
speed.
...
When
the
jeep
gave
way
it
turned
to
the
right
and
continued
running
with
the
same
speed.
In
so
doing
...the
driver
was
not
able
to
return
the
jeep
to
the
proper
place
...
instead,
it
ran
obliquely
towards
the
canal;
that
is
why,
we
fell
to
the
ditch.
...
When
the
jeep
was
running
in
the
side
of
the
road
for
few
meters,
naturally,
the
jeep
was
already
inclined
and
two
passengers
beside
me
were
the
ones
who
pushed
me.
I
was
pushed
by
the
two
passengers
beside
me;
that
is
why,
when
I
was
clinging,
my
leg
and
half
of
my
body
were
outside
the
jeep
when
it
reached
the
canal.
...
My
right
leg
was
sandwiched
by
the
body
of
the
jeep
and
the
right
side
of
the
ditch.
...
My
right
leg
was
broken.'
He
was
rushed
to
the
Saint
Mary's
Hospital
where
he
stayed
for
about
two
(2)
months.
'My
right
leg
is
now
shorter
by
one
and
one-‐half
inches
causing
me
to
use
specially
made
shoes.
...
I
could
not
squat
for
a
long
time;
I
could
not
kneel
for
a
long
time;
and
I
could
not
even
sit
for
a
long
time
because
I
will
suffer
cramp.
...
With
my
three
fingers
I
am
still
uneasy
with
my
three
fingers
in
my
right
hand.
There
is
a
feeling
of
numbness
with
my
three
fingers
even
right
now.
From
appellee's
version
just
set
out,
it
appears
that
after
he
boarded
the
jeep
in
question
at
Oroquieta,
it
was
driven
by
defendant
Montefalcon
at
around
forty
(40)
kilometers
per
hour
bound
for
Jimenez;
that
while
approaching
Sumasap
Bridge
at
the
said
speed,
a
cargo
truck
coming
from
behind
blew
its
horn
to
signal
its
intention
to
overtake
the
jeep;
that
the
latter,
without
changing
its
speed,
gave
way
by
swerving
to
the
right,
such
that
both
vehicles
ran
side
by
side
for
a
distance
of
around
twenty
(20)
meters,
and
that
thereafter
as
the
jeep
was
left
behind,
its
driver
was
unable
to
return
it
to
its
former
lane
and
instead
it
obliquely
or
diagonally
ran
down
an
inclined
terrain
towards
the
right
until
it
fell
into
a
ditch
pinning
down
and
crushing
appellee's
right
leg
in
the
process.
Throwing
the
blame
for
this
accident
on
the
driver
of
the
cargo
truck,
appellants,
in
turn,
state
the
facts
to
be
as
follows:
In
the
afternoon
of
April
1,
1960,
plaintiff
Gerundio
Castaño
boarded
the
said
jeepney
at
Oroquieta
bound
for
Jimenez,
Misamis
occidental.
While
said
jeepney
was
negotiating
the
upgrade
approach
of
the
Sumasap
Bridge
at
Jimenez,
Misamis
Occidental
and
at
a
distance
of
about
44
meters
therefrom,
a
cargo
truck,
owned
and
operated
by
a
certain
Te
Tiong
alias
Chinggim,
then
driven
by
Nicostrato
Digal,
a
person
not
duly
licensed
to
drive
motor
vehicles,
overtook
the
jeepney
so
closely
that
in
the
process
of
overtaking
sideswiped
the
jeepney,
hitting
the
reserve
tire
placed
at
the
left
side
of
the
jeepney
with
the
hinge
or
bolt
of
the
siding
of
the
cargo
truck,
causing
the
jeepney
to
swerve
from
its
course
and
after
running
14
meters
from
the
road
it
finally
fell
into
the
canal.
The
right
side
of
the
jeep
fell
on
the
right
leg
of
the
plaintiff-‐appellee,
crushing
said
leg
against
the
ditch
resulting
in
the
injury
to
plaintiff-‐appellee
consisting
of
a
broken
right
thigh.
and
take
the
following
stand:
'The
main
defense
of
defendants
appellants
is
anchored
on
the
fact
that
the
jeepney
was
sideswiped
by
the
overtaking
cargo
truck'
(Appellants'
Brief,
pp.
3-‐4,
7).
It
must
be
admitted,
out
of
candor,
that
there
is
evidence
of
the
sideswiping
relied
upon
by
appellants.
....
This
appeal
by
certiorari
to
review
the
decision
of
respondent
Court
of
Appeals
asserts
that
the
latter
decided
questions
of
substance
which
are
contrary
to
law
and
the
approved
decisions
of
this
Court.
Petitioners
alleged
that
respondent
Court
of
Appeals
erred
(1)
in
finding
contributory
negligence
on
the
part
of
jeepney
driver
appellant
Montefalcon
for
having
raced
with
the
overtaking
cargo
truck
to
the
bridge
instead
of
slackening
its
speed,
when
the
person
solely
responsible
for
the
sideswiping
is
the
unlicensed
driver
of
the
overtaking
cargo
truck;
(2)
in
finding
the
jeepney
driver
not
to
have
exercised
extraordinary
diligence,
human
care,
foresight
and
utmost.
diligence
of
very
cautious
persons,
when
the
diligence
required
pursuant
to
Article
1763
of
the
New
Civil
Code
is
only
that
of
a
good
father
of
a
family
since
the
injuries
were
caused
by
the
negligence
of
a
stranger;
and
(3)
in
not
considering
that
appellants
were
freed
from
any
liability
since
the
accident
was
due
to
fortuitous
event
-‐
the
sideswiping
of
the
jeepney
by
the
overtaking
cargo
truck.
We
are
not
persuaded.
The
fact
is,
petitioner-‐driver
Montefalcon
did
not
slacken
his
speed
but
instead
continued
to
run
the
jeep
at
about
forty
(40)
kilometers
per
hour
even
at
the
time
the
overtaking
cargo
truck
was
running
side
by
side
for
about
twenty
(20)
meters
and
at
which
time
he
even
shouted
to
the
driver
of
the
truck.
Hereunder
is
the
testimony
of
private
respondent
Gerundio
B.
Castaño
on
this
point:
Q
At
that
time
when
you
rode
that
jeep
on
your
way
to
Jimenez,
you
said
that
the
jeep
was
running
quite
fast
for
a
jeep,
is
that
correct?
A Yes, sir.
Q
When
you
said
that
it
is
quite
fast
for
a
jeep,
do
you
mean
to
tell
this
Court
that
the
speed
of
that
jeep
could
not
be
made
by
that
particular
jeepney?
A
It
can
be
made
but
it
will
not
be
very
safe
for
that
kind
of
transportation
to
run
that
kind
of
speed.
Q What was the speed of that jeep in terms of miles or kilometers per hour?
A About 40 kilometers or about that time during that trip per hour.
Q
And
you
said
also
that
there
was
a
cargo
truck
that
was
behind
the
jeep,
is
that
correct,
while
you
were
already
approaching
the
Sumasap
bridge?
A
Yes.
xxx
xxx
xxx
Q
How
about
the
speed
of
that
truck
as
the
jeep
you
were
riding
was
approaching
the
Sumasap
bridge?
What
was
the
speed
of
that
truck,
fast
or
not
fast?
A
Naturally,
the
truck
when
it
asks
for
a
clearance
that
he
will
overtake
it
will
run
fast.
Q
Now
comparing
the
speed
that
you
mentioned
that
the
jeep
was
negotiating
in
that
place
and
the
cargo
truck,
which
ran
faster-‐the
jeep
or
the
cargo
truck?
A Naturally, the truck was a little bit faster because he was able to overtake.
Q
Now,
how
far
more
or
less
was
the
jeep
from
the
bridge
when
the
truck
was
about
to
or
in
the
process
of
overtaking
the
jeep
you
were
riding?
A
When
the
truck
was
asking
for
a
clearance
it
was
yet
about
less
than
100
meters
from
the
bridge
when
he
was
asking
for
a
clearance
to
overtake.
Q
Do
you
remember
the
distance
when
the
truck
and
the
jeep
were
already
side
by
side
as
they
approach
the
bridge
in
relation
to
the
bridge?
A
They
were
about
fifty
meters
...
from
fifty
to
thirty
meters
when
they
were
side
by
side
from
the
bridge.
Q
....
You
said
before
that
the
jeep
and
the
truck
were
running
side
by
side
for
a
few
meters,
is
that
correct?
A Yes, sir.
Q
I
am
asking
you
now,
how
long
were
they
running
side
by
side-‐the
jeep
and
the
cargo
truck?
Q
And
after
running
side
by
side
for
20
meters,
the
jeep
and
its
passengers
went
to
the
canal?
A
Yes.
Q
You
said
on
direct
examinaton
that
when
the
jeep
(should
be
truck)
was
blowing
its
horn
and
asking
for
a
way,
you
said
that
the
jeep
gave
way
and
turned
to
the
right
and
did
not
recover
its
position
and
the
jeep
fell
into
the
ditch,
is
that
what
you
said
before?
A
The
jeep
did
not
recover.
It
was
not
able
to
return
to
the
center
of
the
road.
It
was
running
outside
until
it
reached
the
canal,
running
diagonally.
Q
When
the
jeep
gave
way
to
the
cargo
truck,
the
jeep
was
at
the
right
side
of
the
road?
Q And this jeep was running steadily at the right side of the road.
A Yes, sir.
Q
When
the
jeep
gave
way
to
the
cargo
truck
and
it
kept
its
path
to
the
right,
it
was
still
able
to
maintain
that
path
to
the
right
for
about
twenty
meters
and
while
the
jeep
and
the
cargo
truck
were
running
side
by
side?
A Yes.
Q
When
the
truck
and
the
jeep
were
already
running
side
by
side
and
after
having
run
twenty
meters
side
by
side,
do
you
know
why
the
jeep
careened
to
the
ditch
or
to
the
canal?
A
I
do
not
know
why
but
I
know
it
slowly
got
to
the
canal
but
I
do
not
know
why
it
goes
there.
Q
You
said
when
the
jeep
was
about
to
be
lodged
in
the
canal,
you
stated
that
the
jeep
was
running
upright,
is
that
a
fact?
A Yes.
Q
So
that
the
terrain
was
more
or
less
level
because
the
jeep
was
already
running
upright,
is
that
not
correct?
A
The
jeep
was
running
on
its
wheels
but
it
is
running
on
the
side,
the
side
was
inclining
until
it
reached
the
ditch.
Q
You
mean
to
tell
the
Court
that
from
the
entire
of
the
fifteen
meters
distance
from
the
side
of
the
road
up
to
the
place
where
the
jeep
was
finally
lodged
that
place
is
inclining
towards
the
right?
A
When
the
jeep
left
the
road
it
was
already
inclining
because
it
was
running
part
side
of
the
road
which
is
inclining.
(Transcript
of
March
25
and
26,
1963).
Thus,
had
Montefalcon
slackened
the
speed
of
the
jeep
at
the
time
the
truck
was
overtaking
it,
instead
of
running
side
by
side
with
the
cargo
truck,
there
would
have
been
no
contact
and
accident.
He
should
have
foreseen
that
at
the
speed
he
was
running,
the
vehicles
were
getting
nearer
the
bridge
and
as
the
road
was
getting
narrower
the
truck
would
be
to
close
to
the
jeep
and
would
eventually
sideswiped
it.
Otherwise
stated,
he
should
have
slackened
his
jeep
when
he
swerved
it
to
the
right
to
give
way
to
the
truck
because
the
two
vehicles
could
not
cross
the
bridge
at
the
same
time.
The
second
assigned
error
is
centered
on
the
alleged
failure
on
the
part
of
the
jeepney
driver
to
exercise
extraordinary
diligence,
human
care,
foresight
and
utmost
diligence
of
a
very
cautious
person,
when
the
diligence
required
pursuant
to
Article
1763
of
the
Civil
Code
is
only
that
of
a
good
father
of
a
family.
Petitioners
contend
that
the
proximate
cause
of
the
accident
was
the
negligence
of
the
driver
of
the
truck.
However,
the
fact
is,
there
was
a
contract
of
carriage
between
the
private
respondent
and
the
herein
petitioners
in
which
case
the
Court
of
Appeals
correctly
applied
Articles
1733,
1755
and
1766
of
the
Civil
Code
which
require
the
exercise
of
extraordinary
diligence
on
the
part
of
petitioner
Montefalcon.
Art.
1733.
Common
carriers,
from
the
nature
of
their
business
and
for
reasons
of
public
policy,
are
bound
to
observe
extraordinary
diligence
in
the
vigilance
over
the
goods
and
for
the
safety
of
the
passengers
transported
by
them,
according
to
all
the
circumstances
of
each
case.
Art.
1755.
A
common
carrier
is
bound
to
carry
the
Passengers
safely
as
far
as
human
care
and
foresight
can
provide,
using
the
utmost
diligence
of
very
cautious
persons,
with
a
due
regard
for
all
the
circumstances.
Art.
1766.
In
all
matters
not
regulated
by
this
Code,
the
rights
and
obligations
of
common
carriers
shall
be
governed
by
the
Code
of
Commerce
and
by
special
laws.
Indeed,
the
hazards
of
modern
transportation
demand
extraordinary
diligence.
A
common
carrier
is
vested
with
public
interest.
Under
the
new
Civil
Code,
instead
of
being
required
to
exercise
mere
ordinary
diligence
a
common
carrier
is
exhorted
to
carry
the
passengers
safely
as
far
as
human
care
and
foresight
can
provide
"using
the
utmost
diligence
of
very
cautious
persons."
(Article
1755).
Once
a
passenger
in
the
course
of
travel
is
injured,
or
does
not
reach
his
destination
safely,
the
carrier
and
driver
are
presumed
to
be
at
fault.
The
third
assigned
error
of
the
petitioners
would
find
fault
upon
respondent
court
in
not
freeing
petitioners
from
any
liability,
since
the
accident
was
due
to
a
fortuitous
event.
But,
We
repeat
that
the
alleged
fortuitous
event
in
this
case
-‐
the
sideswiping
of
the
jeepney
by
the
cargo
truck,
was
something
which
could
have
been
avoided
considering
the
narrowness
of
the
Sumasap
Bridge
which
was
not
wide
enough
to
admit
two
vehicles.
As
found
by
the
Court
of
Appeals,
Montefalcon
contributed
to
the
occurrence
of
the
mishap.
WHEREFORE,
the
decision
of
the
respondent
Court
of
Appeals,
dated
September
30,1971,
is
hereby
AFFIRMED.
With
costs.
BACHELOR
EXPRESS
v
CA
This
is
a
petition
for
review
of
the
decision
of
the
Court
of
Appeals
which
reversed
and
set
aside
the
order
of
the
Regional
Trial
Court,
Branch
I,
Butuan
City
dismissing
the
private
respondents'
complaint
for
collection
of
"a
sum
of
money"
and
finding
the
petitioners
solidarily
liable
for
damages
in
the
total
amount
of
One
Hundred
Twenty
Thousand
Pesos
(P120,000.00).
The
petitioners
also
question
the
appellate
court's
resolution
denying
a
motion
for
reconsideration.
On
August
1,
1980,
Bus
No.
800
owned
by
Bachelor
Express,
Inc.
and
driven
by
Cresencio
Rivera
was
the
situs
of
a
stampede
which
resulted
in
the
death
of
passengers
Ornominio
Beter
and
Narcisa
Rautraut.
The
evidence
shows
that
the
bus
came
from
Davao
City
on
its
way
to
Cagayan
de
Oro
City
passing
Butuan
City;
that
while
at
Tabon-‐Tabon,
Butuan
City,
the
bus
picked
up
a
passenger;
that
about
fifteen
(15)
minutes
later,
a
passenger
at
the
rear
portion
suddenly
stabbed
a
PC
soldier
which
caused
commotion
and
panic
among
the
passengers;
that
when
the
bus
stopped,
passengers
Ornominio
Beter
and
Narcisa
Rautraut
were
found
lying
down
the
road,
the
former
already
dead
as
a
result
of
head
injuries
and
the
latter
also
suffering
from
severe
injuries
which
caused
her
death
later.
The
passenger
assailant
alighted
from
the
bus
and
ran
toward
the
bushes
but
was
killed
by
the
police.
Thereafter,
the
heirs
of
Ornominio
Beter
and
Narcisa
Rautraut,
private
respondents
herein
(Ricardo
Beter
and
Sergia
Beter
are
the
parents
of
Ornominio
while
Teofilo
Rautraut
and
Zoetera
[should
be
Zotera]
Rautraut
are
the
parents
of
Narcisa)
filed
a
complaint
for
"sum
of
money"
against
Bachelor
Express,
Inc.
its
alleged
owner
Samson
Yasay
and
the
driver
Rivera.
In
their
answer,
the
petitioners
denied
liability
for
the
death
of
Ornominio
Beter
and
Narcisa
Rautraut.
They
alleged
that
...
the
driver
was
able
to
transport
his
passengers
safely
to
their
respective
places
of
destination
except
Ornominio
Beter
and
Narcisa
Rautraut
who
jumped
off
the
bus
without
the
knowledge
and
consent,
much
less,
the
fault
of
the
driver
and
conductor
and
the
defendants
in
this
case;
the
defendant
corporation
had
exercised
due
diligence
in
the
choice
of
its
employees
to
avoid
as
much
as
possible
accidents;
the
incident
on
August
1,
1980
was
not
a
traffic
accident
or
vehicular
accident;
it
was
an
incident
or
event
very
much
beyond
the
control
of
the
defendants;
defendants
were
not
parties
to
the
incident
complained
of
as
it
was
an
act
of
a
third
party
who
is
not
in
any
way
connected
with
the
defendants
and
of
which
the
latter
have
no
control
and
supervision;
..."
(Rollo,
pp.
112-‐113).i•t•c-‐
aüsl
After due trial, the trial court issued an order dated August 8, 1985 dismissing the complaint.
Upon
appeal
however,
the
trial
court's
decision
was
reversed
and
set
aside.
The
dispositive
portion
of
the
decision
of
the
Court
of
Appeals
states:
WHEREFORE,
the
Decision
appealed
from
is
REVERSED
and
SET
ASIDE
and
a
new
one
entered
finding
the
appellees
jointly
and
solidarily
liable
to
pay
the
plaintiffs-‐appellants
the
following
amounts:
1)
To
the
heirs
of
Ornominio
Beter,
the
amount
of
Seventy
Five
Thousand
Pesos
(P75,000.00)
in
loss
of
earnings
and
support,
moral
damages,
straight
death
indemnity
and
attorney's
fees;
and,
2)
To
the
heirs
of
Narcisa
Rautraut,
the
amount
of
Forty
Five
Thousand
Pesos
(P45,000.00)
for
straight
death
indemnity,
moral
damages
and
attorney's
fees.
Costs
against
appellees.
(Rollo,
pp.
71-‐72)
The
petitioners
opine
that
answers
to
these
questions
are
material
to
arrive
at
"a
fair,
just
and
equitable
judgment."
(Rollo,
p.
5)
They
claim
that
the
assailed
decision
is
based
on
a
misapprehension
of
facts
and
its
conclusion
is
grounded
on
speculation,
surmises
or
conjectures.
As
regards
the
proximate
cause
of
the
death
of
Ornominio
Beter
and
Narcisa
Rautraut,
the
petitioners
maintain
that
it
was
the
act
of
the
passenger
who
ran
amuck
and
stabbed
another
passenger
of
the
bus.
They
contend
that
the
stabbing
incident
triggered
off
the
commotion
and
panic
among
the
passengers
who
pushed
one
another
and
that
presumably
out
of
fear
and
moved
by
that
human
instinct
of
self-‐preservation
Beter
and
Rautraut
jumped
off
the
bus
while
the
bus
was
still
running
resulting
in
their
untimely
death."
(Rollo,
p.
6)
Under
these
circumstances,
the
petitioners
asseverate
that
they
were
not
negligent
in
the
performance
of
their
duties
and
that
the
incident
was
completely
and
absolutely
attributable
to
a
third
person,
the
passenger
who
ran
amuck,
for
without
his
criminal
act,
Beter
and
Rautraut
could
not
have
been
subjected
to
fear
and
shock
which
compelled
them
to
jump
off
the
running
bus.
They
argue
that
they
should
not
be
made
liable
for
damages
arising
from
acts
of
third
persons
over
whom
they
have
no
control
or
supervision.
Furthermore,
the
petitioners
maintain
that
the
driver
of
the
bus,
before,
during
and
after
the
incident
was
driving
cautiously
giving
due
regard
to
traffic
rules,
laws
and
regulations.
The
petitioners
also
argue
that
they
are
not
insurers
of
their
passengers
as
ruled
by
the
trial
court.
The
liability,
if
any,
of
the
petitioners
is
anchored
on
culpa
contractual
or
breach
of
contract
of
carriage.
The
applicable
provisions
of
law
under
the
New
Civil
Code
are
as
follows:
ART.
1732.
Common
carriers
are
persons,
corporations,
firms
or
associations
engaged
in
the
business
of
carrying
or
transporting
passengers
or
goods
or
both
by
land,
water,
or
air,
for
compensation,
offering
their
services
to
the
public.
ART.
1733.
Common
carriers,
from
the
nature
of
their
business
and
for
reasons
of
public
policy,
are
bound
to
observe
extraordinary
diligence
in
the
vigilance
over
the
goods
and
for
the
safety
of
the
passengers
transported
by
them,
according
to
all
the
circumstances
of
each
case.
ART.
1755.
A
common
carrier
is
bound
to
carry
the
passengers
safely
as
far
as
human
care
and
foresight
can
provide,
using
the
utmost
diligence
of
very
cautious
persons,
with
a
due
regard
for
all
the
circumstances.
ART.
1756.
In
case
of
death
of
or
injuries
to
passengers,
common
carriers
are
presumed
to
have
been
at
fault
or
to
have
acted
negligently,
unless
they
prove
that
they
observed
extraordinary
diligence
as
prescribed
in
Articles
1733
and
1755.
There
is
no
question
that
Bachelor
Express,
Inc.
is
a
common
carrier.
Hence,
from
the
nature
of
its
business
and
for
reasons
of
public
policy
Bachelor
Express,
Inc.
is
bound
to
carry
its
passengers
safely
as
far
as
human
care
and
foresight
can
provide
using
the
utmost
diligence
of
very
cautious
persons,
with
a
due
regard
for
all
the
circumstances.
In
the
case
at
bar,
Ornominio
Beter
and
Narcisa
Rautraut
were
passengers
of
a
bus
belonging
to
petitioner
Bachelor
Express,
Inc.
and,
while
passengers
of
the
bus,
suffered
injuries
which
caused
their
death.
Consequently,
pursuant
to
Article
1756
of
the
Civil
Code,
petitioner
Bachelor
Express,
Inc.
is
presumed
to
have
acted
negligently
unless
it
can
prove
that
it
had
observed
extraordinary
diligence
in
accordance
with
Articles
1733
and
1755
of
the
New
Civil
Code.
Bachelor
Express,
Inc.
denies
liability
for
the
death
of
Beter
and
Rautraut
on
its
posture
that
the
death
of
the
said
passengers
was
caused
by
a
third
person
who
was
beyond
its
control
and
supervision.
In
effect,
the
petitioner,
in
order
to
overcome
the
presumption
of
fault
or
negligence
under
the
law,
states
that
the
vehicular
incident
resulting
in
the
death
of
passengers
Beter
and
Rautraut
was
caused
by
force
majeure
or
caso
fortuito
over
which
the
common
carrier
did
not
have
any
control.
Except
in
cases
expressly
specified
by
law,
or
when
it
is
otherwise
declared
by
stipulations,
or
when
the
nature
of
the
obligation
requires
the
assumption
of
risk,
no
person
shall
be
responsible
for
those
events
which
could
not
be
foreseen,
or
which
though
foreseen,
were
inevitable.
The above-‐mentioned provision was substantially copied from Article 1105 of the old Civil Code which states"
No
one
shall
be
liable
for
events
which
could
not
be
foreseen
or
which,
even
if
foreseen,
were
inevitable,
with
the
exception
of
the
cases
in
which
the
law
expressly
provides
otherwise
and
those
in
which
the
obligation
itself
imposes
liability.
In
the
case
of
Lasam
v.
Smith
(45
Phil.
657
[1924]),
we
defined
"events"
which
cannot
be
foreseen
and
which,
having
been
foreseen,
are
inevitable
in
the
following
manner:
...
The
Spanish
authorities
regard
the
language
employed
as
an
effort
to
define
the
term
'caso
fortuito'
and
hold
that
the
two
expressions
are
synonymous.
(Manresa
Comentarios
al
Codigo
Civil
Español,
vol.
8,
pp.
88
et
seq.;
Scaevola,
Codigo
Civil,
vol.
19,
pp.
526
et
seq.)
The
antecedent
to
Article
1105
is
found
in
Law
II,
Title
33,
Partida
7,
which
defines
caso
fortuito
as
'occasion
que
acaese
por
aventura
de
que
non
se
puede
ante
ver.
E
son
estos,
derrivamientos
de
casas
e
fuego
que
enciende
a
so
ora,
e
quebrantamiento
de
navio,
fuerca
de
ladrones'
(An
event
that
takes
place
by
incident
and
could
not
have
been
foreseen.
Examples
of
this
are
destruction
of
houses,
unexpected
fire,
shipwreck,
violence
of
robbers
...)
Escriche
defines
caso
fortuito
as
an
unexpected
event
or
act
of
God
which
could
neither
be
foreseen
nor
resisted,
such
as
floods,
torrents,
shipwrecks,
conflagrations,
lightning,
compulsion,
insurrections,
destruction
of
buildings
by
unforeseen
accidents
and
other
occurrences
of
a
similar
nature.
In
discussing
and
analyzing
the
term
caso
fortuito
the
Enciclopedia
Juridica
Española
says:
'In
a
legal
sense
and,
consequently,
also
in
relation
to
contracts,
a
caso
fortuito
presents
the
following
essential
characteristics:
(1)
The
cause
of
the
unforeseen
and
unexpected
occurrence,
or
of
the
failure
of
the
debtor
to
comply
with
his
obligation,
must
be
independent
of
the
human
will.
(2)
It
must
be
impossible
to
foresee
the
event
which
constitutes
the
caso
fortuito,
or
if
it
can
be
foreseen,
it
must
be
impossible
to
avoid.
(3)
The
occurrence
must
be
such
as
to
render
it
impossible
for
the
debtor
to
fulfill
his
obligation
in
a
normal
manner.
And
(4)
the
obligor
(debtor)
must
be
free
from
any
participation
in
the
aggravation
of
the
injury
resulting
to
the
creditor.
(5)
Enciclopedia
Juridica
Española,
309)
As
will
be
seen,
these
authorities
agree
that
some
extraordinary
circumstance
independent
of
the
will
of
the
obligor
or
of
his
employees,
is
an
essential
element
of
a
caso
fortuito.
...
The
running
amuck
of
the
passenger
was
the
proximate
cause
of
the
incident
as
it
triggered
off
a
commotion
and
panic
among
the
passengers
such
that
the
passengers
started
running
to
the
sole
exit
shoving
each
other
resulting
in
the
falling
off
the
bus
by
passengers
Beter
and
Rautraut
causing
them
fatal
injuries.
The
sudden
act
of
the
passenger
who
stabbed
another
passenger
in
the
bus
is
within
the
context
of
force
majeure.
However,
in
order
that
a
common
carrier
may
be
absolved
from
liability
in
case
of
force
majeure,
it
is
not
enough
that
the
accident
was
caused
by
force
majeure.
The
common
carrier
must
still
prove
that
it
was
not
negligent
in
causing
the
injuries
resulting
from
such
accident.
Thus,
as
early
as
1912,
we
ruled:
From
all
the
foregoing,
it
is
concluded
that
the
defendant
is
not
liable
for
the
loss
and
damage
of
the
goods
shipped
on
the
lorcha
Pilar
by
the
Chinaman,
Ong
Bien
Sip,
inasmuch
as
such
loss
and
damage
were
the
result
of
a
fortuitous
event
or
force
majeure,
and
there
was
no
negligence
or
lack
of
care
and
diligence
on
the
part
of
the
defendant
company
or
its
agents.
(Tan
Chiong
Sian
v.
Inchausti
&
Co.,
22
Phil.
152
[1912];
Emphasis
supplied).
This
principle
was
reiterated
in
a
more
recent
case,
Batangas
Laguna
Tayabas
Co.
v.
Intermediate
Appellate
Court
(167
SCRA
379
[1988]),
wherein
we
ruled:
...
[F]or
their
defense
of
force
majeure
or
act
of
God
to
prosper
the
accident
must
be
due
to
natural
causes
and
exclusively
without
human
intervention.
(Emphasis
supplied)
Therefore,
the
next
question
to
be
determined
is
whether
or
not
the
petitioner's
common
carrier
observed
extraordinary
diligence
to
safeguard
the
lives
of
its
passengers.
In this regard the trial court and the appellate court arrived at conflicting factual findings.
The
parties
presented
conflicting
evidence
as
to
how
the
two
deceased
Narcisa
Rautruat
and
Ornominio
Beter
met
their
deaths.
However,
from
the
evidence
adduced
by
the
plaintiffs,
the
Court
could
not
see
why
the
two
deceased
could
have
fallen
off
the
bus
when
their
own
witnesses
testified
that
when
the
commotion
ensued
inside
the
bus,
the
passengers
pushed
and
shoved
each
other
towards
the
door
apparently
in
order
to
get
off
from
the
bus
through
the
door.
But
the
passengers
also
could
not
pass
through
the
door
because
according
to
the
evidence
the
door
was
locked.
On
the
other
hand,
the
Court
is
inclined
to
give
credence
to
the
evidence
adduced
by
the
defendants
that
when
the
commotion
ensued
inside
the
bus,
the
two
deceased
panicked
and,
in
state
of
shock
and
fear,
they
jumped
off
from
the
bus
by
passing
through
the
window.
It
is
the
prevailing
rule
and
settled
jurisprudence
that
transportation
companies
are
not
insurers
of
their
passengers.
The
evidence
on
record
does
not
show
that
defendants'
personnel
were
negligent
in
their
duties.
The
defendants'
personnel
have
every
right
to
accept
passengers
absent
any
manifestation
of
violence
or
drunkenness.
If
and
when
such
passengers
harm
other
passengers
without
the
knowledge
of
the
transportation
company's
personnel,
the
latter
should
not
be
faulted.
(Rollo,
pp.
46-‐47)
A
thorough
examination
of
the
records,
however,
show
that
there
are
material
facts
ignored
by
the
trial
court
which
were
discussed
by
the
appellate
court
to
arrive
at
a
different
conclusion.
These
circumstances
show
that
the
petitioner
common
carrier
was
negligent
in
the
provision
of
safety
precautions
so
that
its
passengers
may
be
transported
safely
to
their
destinations.
The
appellate
court
states:
A
critical
eye
must
be
accorded
the
lower
court's
conclusions
of
fact
in
its
tersely
written
ratio
decidendi.
The
lower
court
concluded
that
the
door
of
the
bus
was
closed;
secondly,
the
passengers,
specifically
the
two
deceased,
jumped
out
of
the
window.
The
lower
court
therefore
concluded
that
the
defendant
common
carrier
is
not
liable
for
the
death
of
the
said
passengers
which
it
implicitly
attributed
to
the
unforeseen
acts
of
the
unidentified
passenger
who
went
amuck.
There
is
nothing
in
the
record
to
support
the
conclusion
that
the
solitary
door
of
the
bus
was
locked
as
to
prevent
the
passengers
from
passing
through.
Leonila
Cullano,
testifying
for
the
defense,
clearly
stated
that
the
conductor
opened
the
door
when
the
passengers
were
shouting
that
the
bus
stop
while
they
were
in
a
state
of
panic.
Sergia
Beter
categorically
stated
that
she
actually
saw
her
son
fall
from
the
bus
as
the
door
was
forced
open
by
the
force
of
the
onrushing
passengers.
Pedro
Collango,
on
the
other
hand,
testified
that
he
shut
the
door
after
the
last
passenger
had
boarded
the
bus.
But
he
had
quite
conveniently
neglected
to
say
that
when
the
passengers
had
panicked,
he
himself
panicked
and
had
gone
to
open
the
door.
Portions
of
the
testimony
of
Leonila
Cullano,
quoted
below,
are
illuminating:
Q When you said the conductor opened the door, the door at the front or rear portion of the bus?
A Front door.
Q
And
these
two
persons
whom
you
said
alighted,
where
did
they
pass,
the
fron(t)
door
or
rear
door?
A Front door.
Q What happened after there was a commotion at the rear portion of the bus?
A
When
the
commotion
occurred,
I
stood
up
and
I
noticed
that
there
was
a
passenger
who
was
sounded
(sic).
The
conductor
panicked
because
the
passengers
were
shouting
'stop,
stop'.
The
conductor
opened
the
bus.'
Accordingly,
there
is
no
reason
to
believe
that
the
deceased
passengers
jumped
from
the
window
when
it
was
entirely
possible
for
them
to
have
alighted
through
the
door.
The
lower
court's
reliance
on
the
testimony
of
Pedro
Collango,
as
the
conductor
and
employee
of
the
common
carrier,
is
unjustified,
in
the
light
of
the
clear
testimony
of
Leonila
Cullano
as
the
sole
uninterested
eyewitness
of
the
entire
episode.
Instead
we
find
Pedro
Collango's
testimony
to
be
infused
by
bias
and
fraught
with
inconsistencies,
if
not
notably
unreliable
for
lack
of
veracity.
On
direct
examination,
he
testified:
COURT:
A Yes, your Honor, but the speed was slow because we have just picked up a passenger.
Atty. Gambe:
Q
You
said
that
at
the
time
of
the
incident
the
bus
was
running
slow
because
you
have
just
picked
up
a
passenger.
Can
you
estimate
what
was
your
speed
at
that
time?
Atty. Calo:
COURT:
Witness:
COURT:
A Miles.
Atty. Gambe:
At
such
speed
of
not
less
than
30
to
40
miles
...,
or
about
48
to
65
kilometers
per
hour,
the
speed
of
the
bus
could
scarcely
be
considered
slow
considering
that
according
to
Collango
himself,
the
bus
had
just
come
from
a
full
stop
after
picking
a
passenger
(Tsn,
p.
4,
Id.)
and
that
the
bus
was
still
on
its
second
or
third
gear
(Tsn.,
p.
12,
Id.).
In
the
light
of
the
foregoing,
the
negligence
of
the
common
carrier,
through
its
employees,
consisted
of
the
lack
of
extraordinary
diligence
required
of
common
carriers,
in
exercising
vigilance
and
utmost
care
of
the
safety
of
its
passengers,
exemplified
by
the
driver's
belated
stop
and
the
reckless
opening
of
the
doors
of
the
bus
while
the
same
was
travelling
at
an
appreciably
fast
speed.
At
the
same
time,
the
common
carrier
itself
acknowledged,
through
its
administrative
officer,
Benjamin
Granada,
that
the
bus
was
commissioned
to
travel
and
take
on
passengers
and
the
public
at
large,
while
equipped
with
only
a
solitary
door
for
a
bus
its
size
and
loading
capacity,
in
contravention
of
rules
and
regulations
provided
for
under
the
Land
Transportation
and
Traffic
Code
(RA
4136
as
amended.)
(Rollo,
pp.
23-‐26)
Considering
the
factual
findings
of
the
Court
of
Appeals-‐the
bus
driver
did
not
immediately
stop
the
bus
at
the
height
of
the
commotion;
the
bus
was
speeding
from
a
full
stop;
the
victims
fell
from
the
bus
door
when
it
was
opened
or
gave
way
while
the
bus
was
still
running;
the
conductor
panicked
and
blew
his
whistle
after
people
had
already
fallen
off
the
bus;
and
the
bus
was
not
properly
equipped
with
doors
in
accordance
with
law-‐it
is
clear
that
the
petitioners
have
failed
to
overcome
the
presumption
of
fault
and
negligence
found
in
the
law
governing
common
carriers.
The
petitioners'
argument
that
the
petitioners
"are
not
insurers
of
their
passengers"
deserves
no
merit
in
view
of
the
failure
of
the
petitioners
to
prove
that
the
deaths
of
the
two
passengers
were
exclusively
due
to
force
majeure
and
not
to
the
failure
of
the
petitioners
to
observe
extraordinary
diligence
in
transporting
safely
the
passengers
to
their
destinations
as
warranted
by
law.
(See
Batangas
Laguna
Tayabas
Co.
v.
Intermediate
Appellate
Court,
supra).
The
petitioners
also
contend
that
the
private
respondents
failed
to
show
to
the
court
that
they
are
the
parents
of
Ornominio
Beter
and
Narcisa
Rautraut
respectively
and
therefore
have
no
legal
personality
to
sue
the
petitioners.
This
argument
deserves
scant
consideration.
We
find
this
argument
a
belated
attempt
on
the
part
of
the
petitioners
to
avoid
liability
for
the
deaths
of
Beter
and
Rautraut.
The
private
respondents
were
Identified
as
the
parents
of
the
victims
by
witnesses
during
the
trial
and
the
trial
court
recognized
them
as
such.
The
trial
court
dismissed
the
complaint
solely
on
the
ground
that
the
petitioners
were
not
negligent.
Finally,
the
amount
of
damages
awarded
to
the
heirs
of
Beter
and
Rautraut
by
the
appellate
court
is
supported
by
the
evidence.
The
appellate
court
stated:
Ornominio
Beter
was
32
years
of
age
at
the
time
of
his
death,
single,
in
good
health
and
rendering
support
and
service
to
his
mother.
As
far
as
Narcisa
Rautraut
is
concerned,
the
only
evidence
adduced
is
to
the
effect
that
at
her
death,
she
was
23
years
of
age,
in
good
health
and
without
visible
means
of
support.
In
accordance
with
Art.
1764
in
conjunction
with
Art.
2206
of
the
Civil
Code,
and
established
jurisprudence,
several
factors
may
be
considered
in
determining
the
award
of
damages,
namely:
1)
life
expectancy
(considering
the
state
of
health
of
the
deceased
and
the
mortality
tables
are
deemed
conclusive)
and
loss
of
earning
capacity;
(2)
pecuniary
loss,
loss
of
support
and
service;
and
(3)
moral
and
mental
suffering
(Alcantara,
et
al.
v.
Surro,
et
al.,
93
Phil.
470).
In
the
case
of
People
v.
Daniel
(No.
L-‐66551,
April
25,
1985,
136
SCRA
92,
at
page
104),
the
High
Tribunal,
reiterating
the
rule
in
Villa
Rey
Transit,
Inc.
v.
Court
of
Appeals
(31
SCRA
511),
stated
that
the
amount
of
loss
of
earring
capacity
is
based
mainly
on
two
factors,
namely,
(1)
the
number
of
years
on
the
basis
of
which
the
damages
shall
be
computed;
and
(2)
the
rate
at
which
the
losses
sustained
by
the
heirs
should
be
fixed.
As
the
formula
adopted
in
the
case
of
Davila
v.
Philippine
Air
Lines,
49
SCRA
497,
at
the
age
of
30
one's
normal
life
expectancy
is
33-‐1/3
years
based
on
the
American
Expectancy
Table
of
Mortality
(2/3
x
80-‐32).i•t•c-‐aüsl
By
taking
into
account
the
pace
and
nature
of
the
life
of
a
carpenter,
it
is
reasonable
to
make
allowances
for
these
circumstances
and
reduce
the
life
expectancy
of
the
deceased
Ornominio
Beter
to
25
years
(People
v.
Daniel,
supra).
To
fix
the
rate
of
losses
it
must
be
noted
that
Art.
2206
refers
to
gross
earnings
less
necessary
living
expenses
of
the
deceased,
in
other
words,
only
net
earnings
are
to
be
considered
(People
v.
Daniel,
supra;
Villa
Rey
Transit,
Inc.
v.
Court
of
Appeals,
supra).
Applying
the
foregoing
rules
with
respect
to
Ornominio
Beter,
it
is
both
just
and
reasonable,
considering
his
social
standing
and
position,
to
fix
the
deductible,
living
and
incidental
expenses
at
the
sum
of
Four
Hundred
Pesos
(P400.00)
a
month,
or
Four
Thousand
Eight
Hundred
Pesos
(P4,800.00)
annually.
As
to
his
income,
considering
the
irregular
nature
of
the
work
of
a
daily
wage
carpenter
which
is
seasonal,
it
is
safe
to
assume
that
he
shall
have
work
for
twenty
(20)
days
a
month
at
Twenty
Five
Pesos
(P150,000.00)
for
twenty
five
years.
Deducting
therefrom
his
necessary
expenses,
his
heirs
would
be
entitled
to
Thirty
Thousand
Pesos
(P30,000.00)
representing
loss
of
support
and
service
(P150,000.00
less
P120,000.00).
In
addition,
his
heirs
are
entitled
to
Thirty
Thousand
Pesos
(P30,000.00)
as
straight
death
indemnity
pursuant
to
Article
2206
(People
v.
Daniel,
supra).
For
damages
for
their
moral
and
mental
anguish,
his
heirs
are
entitled
to
the
reasonable
sum
of
P10,000.00
as
an
exception
to
the
general
rule
against
moral
damages
in
case
of
breach
of
contract
rule
Art.
2200
(Necesito
v.
Paras,
104
Phil.
75).
As
attorney's
fees,
Beter's
heirs
are
entitled
to
P5,000.00.
All
in
all,
the
plaintiff-‐appellants
Ricardo
and
Sergia
Beter
as
heirs
of
their
son
Ornominio
are
entitled
to
an
indemnity
of
Seventy
Five
Thousand
Pesos
(P75,000.00).
In
the
case
of
Narcisa
Rautraut,
her
heirs
are
entitled
to
a
straight
death
indemnity
of
Thirty
Thousand
Pesos
(P30,000.00),
to
moral
damages
in
the
amount
of
Ten
Thousand
Pesos
(P10,000.00)
and
Five
Thousand
Pesos
(P5,000.00)
as
attorney's
fees,
or
a
total
of
Forty
Five
Thousand
Pesos
(P45,000.00)
as
total
indemnity
for
her
death
in
the
absence
of
any
evidence
that
she
had
visible
means
of
support.
(Rollo,
pp.
30-‐31)
WHEREFORE,
the
instant
petition
is
DISMISSED.
The
questioned
decision
dated
May
19,
1988
and
the
resolution
dated
August
1,
1988
of
the
Court
of
Appeals
are
AFFIRMED.
SO ORDERED.
SILVERIO
v
MENDOZA
Petitioners,
the
driver
of
the
passenger
bus
responsible
for
the
injuries
sustained
by
respondent
for
which
he
was
duly
prosecuted
and
thereafter
convicted
for
serious,
less
serious,
and
slight
physical
injuries,
and
the
bus
firm,
the
Philippine
Rabbit
Bus
Lines,
seek
the
reversal
of
a
Court
of
Appeals
decision
of
December
14,
1964
and
a
resolution
of
March
31,
1965,
holding
them
liable
both
for
compensatory
and
exemplary
damages
as
well
as
attorney's
fees.
It
is
the
contention
of
petitioners
that
errors
of
law
were
committed
when,
in
the
aforesaid
decision,
it
was
held
that
there
was
an
implied
contract
of
carriage
between
the
petitioner
bus
firm
and
respondents,
the
breach
of
which
was
the
occasion
for
their
liability
for
compensatory
and
exemplary
damages
as
well
as
attorneys
fees.
The
facts
as
found
by
the
Court
of
Appeals
follow:
"In
the
evening
of
February
22,
1954,
between
9:00
and
9:30
o'clock,
a
passenger
bus
No.
141
of
the
Philippine
Rabbit
Bus
Lines,
bearing
Plate
No.
TPU-‐708
which
was
then
driven
by
Silverio
Marchan
fell
into
a
ditch
somewhere
in
Barrio
Malanday,
Polo,
Bulacan,
while
travelling
on
its
way
to
Manila;
as
a
result
of
which
plaintiffs-‐appellees
Arsenio
Mendoza,
his
wife
and
child,
[respondents
in
this
proceeding],
who
were
then
inside
the
bus
as
passengers
were
thrown
out
to
the
ground
resulting
in
their
multiple
injuries.
Plaintiff
Arsenio
Mendoza
suffered
the
most
serious
injuries
which
damaged
his
vertebrae
causing
the
paralysis
of
his
lower
extremities
which
up
to
the
time
when
this
case
was
tried
he
continued
to
suffer.
The
physician
who
attended
and
treated
plaintiff
Arsenio
Mendoza
opined
that
he
may
never
walk
again.
Consequently
the
driver
of
said
bus
Silverio
Marchan
[now
petitioner]
was
prosecuted
for
serious,
less
serious
and
slight
physical
injuries
through
reckless
imprudence
before
the
Justice
of
the
Peace
Court
of
Polo
Bulacan,
and
thereafter
convicted
as
charged
on
June
29,
1956
...,
which
judgment
of
conviction
was
subsequently
affirmed
by
the
Court
of
First
Instance
of
same
province
...
In
this
present
action
before
us,
plaintiffs-‐appellees
Arsenio
Mendoza,
his
wife
and
child
sought
to
recover
damages
against
defendant-‐appellant
Arsenio
Marchan,
then
the
driver
of
bus
No.
141
of
the
Philippine
Rabbit
Bus
Lines,
and
from
defendants-‐appellants
Bienvenido
P.
Buan
and
Natividad
Paras
in
their
capacity
as
administrator
and
administratix,
respectively
of
the
estate
of
the
late
Florencio
P.
Buan,
doing
business
under
the
style
name
of
the
Philippine
Rabbit
Bus
Lines,
predicated
not
only
on
a
breach
of
contract
of
carriage
for
failure
of
defendants
operator
as
well
as
the
defendant
driver
to
safely
convey
them
to
their
destination,
but
also
on
account
of
a
criminal
negligence
1
on
the
part
of
defendant
Silverio
Marchan
resulting
to
plaintiff-‐appellee's
multiple
physical
damages."
The
Court
of
Appeals
in
the
decision
under
review
found
that
there
was
a
preponderance
of
evidence
to
the
effect
that
while
respondents
Arsenio
Mendoza,
his
wife,
Leonarda
Ilaya,
and
child,
Zenaida
Mendoza
"were
waiting
for
a
passenger
bus
on
January
22,
1954
at
about
9:00
in
the
evening
at
Malanday,
they
boarded
defendants-‐appellants'
bus
bearing
No.
141
of
the
Philippine
Rabbit
Bus
Lines
with
Plate
No.
TPU-‐708
bound
for
Manila.
And
they
were
treated
as
passengers
thereto,
for
they
paid
their
corresponding
fares.
As
they
travelled
along
the
highway
bound
for
Manila,
said
bus
was
traveling
at
a
high
rate
of
speed
without
due
regard
to
the
safety
of
the
passengers.
So
much
so
that
one
of
the
passengers
had
to
call
the
attention
of
Silverio
Marchan
who
was
then
at
the
steering
wheel
of
said
bus
to
lessen
the
speed
or
to
slow
down,
but
then
defendant
Silverio
Marchan
did
not
heed
the
request
of
said
passenger;
neither
did
he
slacken
his
speed.
On
the
contrary,
defendant
Silverio
Marchan
even
increased
his
speed
while
approaching
a
six-‐by-‐six
truck
which
was
then
parked
ahead,
apparently
for
the
purpose
of
passing
the
said
parked
truck
and
to
avoid
collision
with
the
incoming
vehicle
from
the
opposite
direction.
But,
when
appellant
Silverio
Marchan
veered
his
truck
to
resume
position
over
the
right
lane,
the
rear
tires
of
said
truck
skidded
because
of
his
high
rate
of
speed,
thereby
causing
said
truck
to
fall
into
a
ditch.
Substantially,
the
happening
of
the
accident'
resulting
to
the
multiple
injuries
of
plaintiffs-‐appellees,
was
explained
by
defendant
Silverio
Marchan
who
declared
that
while
he
was
driving
his
bus
from
Barrio
Malanday
bound
towards
Manila
on
a
road
test,
he
suddenly
noticed
an
oncoming
vehicle.
He
thus
shifted
his
light
from
dim
to
bright.
Just
then,
he
noticed
a
six-‐by-‐six
truck
parked
on
the
right
lane
of
the
road
where
he
was
driving.
Confronted
with
such
situation
that
if
he
would
apply
his
brake
he
would
bump
his
bus
against
the
parked
truck
he
then
increased
his
speed
with
the
view
of
passing
the
said
parked
truck,
and
thereafter
he
veered
to
negotiate
for
the
proper
position
on
the
right
lane,
but
in
so
doing
he
swerved
to
the
right
in
order
to
2
avoid
collision
from
the
oncoming
vehicle
the
rear
portion
of
the
bus
skidded
and
fell
into
the
ditch."
Hence
the
finding
of
negligence
in
the
decision
under
review.
Thus:
"From
the
facts
as
established
preponderantly
by
the
plaintiff
and
substantially
corroborated
by
the
defendant
Silverio
Marchan,
it
is
clear
that
the
cause
of
the
accident
was
the
gross
negligence
of
the
defendant
Silverio
Marchan
who
when
driving
his
vehicle
on
the
night
in
question
was
expected
to
have
employed
the
highest
degree
of
care;
and
should
have
been
assiduously
prudent
in
handling
his
vehicle
to
insure
the
safety
of
his
passengers.
There
is
no
reason
why
he
could
not
have
stopped
his
vehicle
when
noticing
a
parked
truck
ahead
of
him
if
he
was
not
driving
at
a
high
speed.
His
admission
to
the
effect
that
if
he
would
apply
his
brake
he
would
bump
or
hit
the
parked
truck
ahead
of
him,
since
there
was
no
time
for
him
to
stop
the
bus
he
was
driving,
is
a
patent
indication
that
he
was
travelling
at
a
high
rate
of
speed
without
taking
the
necessary
precaution
under
the
circumstance,
considering
that
it
was
then
nighttime.
It
is
our
considered
view
that
under
the
situation
as
pictured
before
us
by
the
driver
of
said
bus,
he
should
not
have
increased
his
speed
and
by-‐passed
the
parked
truck
obviously
with
the
view
of
preventing
a
collision
with
the
incoming
vehicle.
Any
prudent
person
placed
under
the
situation
of
the
appellant
would
not
have
assumed
the
risk
as
what
appellant
did.
The
most
natural
reaction
that
could
be
expected
from
one
under
the
circumstance
was
for
him
to
have
slackened
and
reduced
his
speed.
But
this
was
not
done
simply
because
defendant-‐appellant
could
not
possibly
do
so
under
the
circumstance
because
he
was
then
travelling
at
a
high
rate
of
speed.
In
fact,
he
had
increased
his
speed
in
order
to
avoid
ramming
the
parked
3
truck
without,
however,
taking
the
necessary
precaution
to
insure
the
safety
of
his
passengers."
On
the
above
facts,
the
Court
of
Appeals,
in
its
decision
of
December
14,
1964,
affirmed
the
amount
of
P40,000.00
awarded
by
the
court
below
as
compensatory
damages
modifying
the
appealed
lower
court
decision
by
holding
petitioners
to
pay
the
amount
of
P30,000.00
as
exemplary
damages
and
sustaining
the
award
of
attorney's
fees
in
the
amount
of
P5,000.00.
Then
came
the
resolution
of
March
31,
1965
by
the
Court
of
Appeals,
where
the
motion
for
reconsideration
of
petitioners
was
denied
for
lack
of
merit.
In
their
brief
as
petitioners,
the
first
error
assigned
is
the
alleged
absence
of
an
implied
contract
of
carriage
by
the
petitioner
bus
firm
and
respondent.
On
this
point,
it
was
the
holding
of
the
Court
of
Appeals:
"Since
it
is
undisputed
by
the
evidence
on
record
that
appellant
Silverio
Marchan
was
then
at
the
steering
wheel
of
the
vehicle
of
the
defendant
transportation
company
at
that
moment,
the
riding
public
is
not
expected
to
inquire
from
time
to
time
before
they
board
the
passenger
bus
whether
or
not
the
driver
who
is
at
the
steering
wheel
of
said
bus
was
authorized
to
drive
said
vehicle
or
that
said
driver
is
acting
within
the
scope
of
his
authority
and
observing
the
existing
rules
and
regulations
required
of
him
by
the
management.
To
hold
otherwise
would
in
effect
render
the
aforequoted
provision
4
of
law
(Article
1759)
ineffective."
It
is
clear
from
the
above
Civil
Code
provision
that
common
carriers
cannot
escape
liability
"for
the
death
of
or
injuries
to
passengers
through
the
negligence
and
willful
acts
of
the
former's
employees,
although
such
employees
may
have
acted
beyond
the
scope
of
their
authority
or
in
violation
of
the
5 6
orders..."
From
Vda.
de
Medina
v.
Cresencia,
where
this
Court,
through
Justice
J.B.L.
Reyes,
stressed
the
"direct
and
immediate"
liability
of
the
carrier
under
the
above
legal
provision,
"not
merely
subsidiary
or
secondary,"
to
Maranan
7
v.
Perez,
a
1967
decision,
the
invariable
holding
has
been
the
responsibility
for
breach
of
the
contract
of
carriage
on
the
part
of
the
carrier.
According
to
the
facts
as
above
disclosed,
which
this
Court
cannot
disturb,
the
applicability
of
Article
1759
is
indisputable.
Hence,
the
total
absence
of
merit
of
the
first
assignment
of
error.
The
next
two
errors
assigned
would
dispute
the
holding
of
the
Court
of
Appeals
in
imposing
liability
in
the
respective
amounts
of
P40,000.00
for
compensatory
damages
and
P30,000.00
for
exemplary
damages.
Again,
such
assignments
of
error
cannot
be
looked
upon
with
favor.
What
the
Court
of
Appeals
did
deserves
not
reprobation
but
approval
by
this
Court.
As
to
why
the
amount
in
compensatory
damages
should
be
fixed
in
the
sum
of
P40,000.00
is
explained
in
the
appealed
decision
thus:
"Likewise,
it
is
our
considered
view
that
the
amount
of
P40,000.00
awarded
by
the
court
below
as
compensatory
damages
is
quite
reasonable
and
fair,
considering
that
plaintiff
Arsenio
Mendoza
had
suffered
paralysis
on
the
lower
extremities,
which
will
incapacitate
him
to
engage
in
his
customary
occupation
throughout
the
remaining
years
of
his
life,
especially
so
if
we
take
into
account
that
plaintiff
Arsenio
Mendoza
was
only
26
years
old
when
he
met
an
accident
on
January
22,
1954;
and
taking
the
average
span
of
life
of
a
Filipino,
he
may
be
expected
to
live
for
30
years
more;
and
bearing
in
mind
the
earning
capacity
of
Arsenio
Mendoza
who
before
the
happening
of
this
accident
derived
an
income
of
almost
P100.00
a
month
from
the
business
of
his
father-‐in-‐law
as
Assistant
Supervisor
8
of
the
small
[fairs]
and
his
income
of
P100.00
a
month
which
he
derived
as
a
professional
boxer."
Considering
that
respondent
Arsenio
Mendoza
was
only
in
his
middle
twenties
when,
thru
the
negligence
of
petitioners,
he
lost
the
use
of
his
limbs,
being
condemned
for
the
remainder
of
his
life
to
be
a
paralytic,
in
effect
leading
a
maimed,
well-‐nigh
useless
existence,
the
fixing
of
such
liability
in
the
amount
of
P40,000.00
as
compensatory
damages
was
well
within
the
discretion
of
the
Court
of
Appeals.
1äwphï1.ñët
As
to
the
finding
of
liability
for
exemplary
damages,
the
Court
of
Appeals,
in
its
resolution
of
March
31,
1965,
stated
the
following:
"We
now
come
to
the
imposition
of
exemplary
damages
upon
defendants-‐appellants'
carrier.
It
is
argued
that
this
Court
is
without
jurisdiction
to
adjudicate
this
exemplary
damages
since
there
was
no
allegation
nor
prayer,
nor
proof,
nor
counterclaim
of
error
for
the
same
by
the
appellees.
It
is
to
be
observed
however,
that
in
the
complaint,
plaintiffs
"prayed
for
such
other
and
further
relief
as
this
Court
may
deem
just
and
equitable."
Now,
since
the
body
of
the
complaint
sought
to
recover
damages
against
the
defendant-‐carrier
wherein
plaintiffs
prayed
for
indemnification
for
the
damages
they
suffered
as
a
result
of
the
negligence
of
said
Silverio
Marchan
who
is
appellant's
employee;
and
since
exemplary
damages
is
intimately
connected
with
general
damages,
plaintiffs
may
not
be
expected
to
single
out
by
express
term
the
kind
of
damages
they
are
trying
to
recover
against
the
defendant's
carrier.
Suffice
it
to
state
that
when
plaintiffs
prayed
in
their
complaint
for
such
other
relief
and
remedies
that
may
be
availed
of
under
the
premises,
in
effect,
therefore,
the
court
is
called
upon
the
exercise
and
use
its
discretion
whether
the
imposition
of
punitive
or
exemplary
damages
even
though
not
expressly
prayed
or
pleaded
in
the
plaintiffs'
9
complaint."
10
In
support
of
the
above
view,
Singson
v.
Aragon
was
cited
by
the
Court
of
Appeals.
As
was
there
held
by
this
Court:
"From
the
above
legal
provisions
it
appears
that
exemplary
damages
may
be
imposed
by
way
of
example
or
correction
only
in
addition,
among
others,
to
compensatory
damages,
but
that
they
cannot
be
recovered
as
a
matter
of
right,
their
determination
depending
upon
the
discretion
of
the
court.
It
further
appears
that
the
amount
of
exemplary
damages
need
not
be
proved,
because
its
determination
depends
upon
the
amount
of
compensatory
damages
that
may
be
awarded
to
the
claimant.
If
the
amount
of
exemplary
damages
need
not
be
proved,
it
need
not
also
be
alleged,
and
the
reason
is
obvious
because
it
is
merely
incidental
or
dependent
upon
what
the
court
may
award
as
compensatory
damages.
Unless
and
until
this
premise
is
determined
and
established,
what
may
be
claimed
as
exemplary
damages
would
amount
to
a
mere
surmise
or
speculation.
It
follows
as
a
necessary
consequence
that
the
amount
of
exemplary
damages
need
not
be
pleaded
in
the
complaint
because
the
same
cannot
be
predetermined.
One
can
merely
ask
that
it
be
determined
by
the
court
if
in
the
use
of
its
discretion
the
same
is
warranted
by
the
evidence,
and
this
is
just
what
appellee
has
done.".
11 12
Such
a
principle
has
been
repeatedly
upheld.
In
Corpuz
v.
Cuaderno,
this
Court,
again
through
Justice
J.B.L.
Reyes,
made
clear
that
the
amount
"lies
within
the
province
of
the
court
a
quo,
..."
It
must
be
admitted,
of
course,
that
where
it
could
be
shown
that
a
tribunal
acted
"with
vindictiveness
or
wantonness
and
not
in
the
exercise
of
honest
judgment,"
then
there
is
room
for
the
interposition
of
the
corrective
power
of
this
Tribunal.
No
such
reproach
can
be
hurled
at
the
decision
and
resolution
now
under
review.
No
such
indictment
would
be
justified.
As
noted
earlier,
both
the
second
and
the
third
assignments
of
error
are
devoid
of
merit.
Nor
is
there
any
occasion
to
consider
further
the
fourth
assigned
error,
petitioner
being
dissatisfied
with
the
award
of
P5,000.00
as
attorney's
fees
to
respondents.
On
its
face,
such
an
assignment
of
an
alleged
error
is
conspicuously
futile.
1äwphï1.ñët
The
judgment,
however,
must
be
modified
in
accordance
with
the
ruling
of
this
Court
in
Soberano
v.
Manila
Railroad
13
Co.
Respondents
are
entitled
to
interest
for
the
amount
of
compensatory
damages
from
the
date
of
the
decision
of
the
lower
court
and
legal
interest
on
the
exemplary
damages
from
the
date
of
the
decision
of
the
Court
of
Appeals.
WHEREFORE,
as
thus
modified,
the
decision
is
affirmed,
petitioners
being
liable
for
the
sum
of
P40,000.00
in
the
concept
of
compensatory
damages
with
interest
at
the
legal
rate
from
and
after
January
26,
1960,
and
the
sum
of
P30,000.00
as
exemplary
damages
with
interest
at
the
legal
rate
from
and
after
December
14,
1964,
as
well
as
for
the
sum
of
P5,000.00
as
attorney's
fees,
likewise
earning
a
legal
rate
of
interest
from
and
after
January
26,
1960.
Costs
against
petitioners.
MARANA
v
PEREZ
Rogelio
Corachea,
on
October
18,
1960,
was
a
passenger
in
a
taxicab
owned
and
operated
by
Pascual
Perez
when
he
was
stabbed
and
killed
by
the
driver,
Simeon
Valenzuela.
Valenzuela
was
prosecuted
for
homicide
in
the
Court
of
First
Instance
of
Batangas.
Found
guilty,
he
was
sentenced
to
suffer
imprisonment
and
to
indemnify
the
heirs
of
the
deceased
in
the
sum
of
P6,000.
Appeal
from
said
conviction
was
taken
to
the
Court
of
Appeals.1äwphï1.ñët
On
December
6
1961,
while
appeal
was
pending
in
the
Court
of
Appeals,
Antonia
Maranan,
Rogelio's
mother,
filed
an
action
in
the
Court
of
First
Instance
of
Batangas
to
recover
damages
from
Perez
and
Valenzuela
for
the
death
of
her
son.
Defendants
asserted
that
the
deceased
was
killed
in
self-‐defense,
since
he
first
assaulted
the
driver
by
stabbing
him
from
behind.
Defendant
Perez
further
claimed
that
the
death
was
a
caso
fortuito
for
which
the
carrier
was
not
liable.
The
court
a
quo,
after
trial,
found
for
the
plaintiff
and
awarded
her
P3,000
as
damages
against
defendant
Perez.
The
claim
against
defendant
Valenzuela
was
dismissed.
From
this
ruling,
both
plaintiff
and
defendant
Perez
appealed
to
this
Court,
the
former
asking
for
more
damages
and
the
latter
insisting
on
non-‐liability.
Subsequently,
the
Court
of
Appeals
affirmed
the
judgment
of
conviction
earlier
mentioned,
during
the
pendency
of
the
herein
appeal,
and
on
May
19,
1964,
final
judgment
was
entered
therein.
(Rollo,
p.
33).
Defendant-‐appellant
relies
solely
on
the
ruling
enunciated
in
Gillaco
v.
Manila
Railroad
Co.,
97
Phil.
884,
that
the
carrier
is
under
no
absolute
liability
for
assaults
of
its
employees
upon
the
passengers.
The
attendant
facts
and
controlling
law
of
that
case
and
the
one
at
bar
are
very
different
however.
In
the
Gillaco
case,
the
passenger
was
killed
outside
the
scope
and
the
course
of
duty
of
the
guilty
employee.
As
this
Court
there
found:
x
x
x
when
the
crime
took
place,
the
guard
Devesa
had
no
duties
to
discharge
in
connection
with
the
transportation
of
the
deceased
from
Calamba
to
Manila.
The
stipulation
of
facts
is
clear
that
when
Devesa
shot
and
killed
Gillaco,
Devesa
was
assigned
to
guard
the
Manila-‐San
Fernando
(La
Union)
trains,
and
he
was
at
Paco
Station
awaiting
transportation
to
Tutuban,
the
starting
point
of
the
train
that
he
was
engaged
to
guard.
In
fact,
his
tour
of
duty
was
to
start
at
9:00
two
hours
after
the
commission
of
the
crime.
Devesa
was
therefore
under
no
obligation
to
safeguard
the
passengers
of
the
Calamba-‐Manila
train,
where
the
deceased
was
riding;
and
the
killing
of
Gillaco
was
not
done
in
line
of
duty.
The
position
of
Devesa
at
the
time
was
that
of
another
would
be
passenger,
a
stranger
also
awaiting
transportation,
and
not
that
of
an
employee
assigned
to
discharge
any
of
the
duties
that
the
Railroad
had
assumed
by
its
contract
with
the
deceased.
As
a
result,
Devesa's
assault
can
not
be
deemed
in
law
a
breach
of
Gillaco's
contract
of
transportation
by
a
servant
or
employee
of
the
carrier.
.
.
.
(Emphasis
supplied)
Now
here,
the
killing
was
perpetrated
by
the
driver
of
the
very
cab
transporting
the
passenger,
in
whose
hands
the
carrier
had
entrusted
the
duty
of
executing
the
contract
of
carriage.
In
other
words,
unlike
the
Gillaco
case,
the
killing
of
the
passenger
here
took
place
in
the
course
of
duty
of
the
guilty
employee
and
when
the
employee
was
acting
within
the
scope
of
his
duties.
Moreover,
the
Gillaco
case
was
decided
under
the
provisions
of
the
Civil
Code
of
1889
which,
unlike
the
present
Civil
Code,
did
not
impose
upon
common
carriers
absolute
liability
for
the
safety
of
passengers
against
wilful
assaults
or
negligent
acts
committed
by
their
employees.
The
death
of
the
passenger
in
the
Gillaco
case
was
truly
a
fortuitous
event
which
exempted
the
carrier
from
liability.
It
is
true
that
Art.
1105
of
the
old
Civil
Code
on
fortuitous
events
has
been
substantially
reproduced
in
Art.
1174
of
the
Civil
Code
of
the
Philippines
but
both
articles
clearly
remove
from
their
exempting
effect
the
case
where
the
law
expressly
provides
for
liability
in
spite
of
the
occurrence
of
force
majeure.
And
herein
significantly
lies
the
statutory
difference
between
the
old
and
present
Civil
Codes,
in
the
backdrop
of
the
factual
situation
before
Us,
which
further
accounts
for
a
different
result
in
the
Gillaco
case.
Unlike
the
old
Civil
Code,
the
new
Civil
Code
of
the
Philippines
expressly
makes
the
common
carrier
liable
for
intentional
assaults
committed
by
its
employees
upon
its
passengers,
by
the
wording
of
Art.
1759
which
categorically
states
that
Common
carriers
are
liable
for
the
death
of
or
injuries
to
passengers
through
the
negligence
or
willful
acts
of
the
former's
employees,
although
such
employees
may
have
acted
beyond
the
scope
of
their
authority
or
in
violation
of
the
orders
of
the
common
carriers.
1
The
Civil
Code
provisions
on
the
subject
of
Common
Carriers
are
new
and
were
taken
from
Anglo-‐American
2
Law.
There,
the
basis
of
the
carrier's
liability
for
assaults
on
passengers
committed
by
its
drivers
rests
either
on
(1)
the
doctrine
of
respondeat
superior
or
(2)
the
principle
that
it
is
the
carrier's
implied
duty
to
transport
the
passenger
3
safely.
Under
the
first,
which
is
the
minority
view,
the
carrier
is
liable
only
when
the
act
of
the
employee
is
within
the
scope
4
of
his
authority
and
duty.
It
is
not
sufficient
that
the
act
be
within
the
course
of
employment
only.
Under
the
second
view,
upheld
by
the
majority
and
also
by
the
later
cases,
it
is
enough
that
the
assault
happens
within
the
course
of
the
employee's
duty.
It
is
no
defense
for
the
carrier
that
the
act
was
done
in
excess
of
authority
or
in
5
disobedience
of
the
carrier's
orders.
The
carrier's
liability
here
is
absolute
in
the
sense
that
it
practically
secures
the
6
passengers
from
assaults
committed
by
its
own
employees.
As
can
be
gleaned
from
Art.
1759,
the
Civil
Code
of
the
Philippines
evidently
follows
the
rule
based
on
the
second
view.
At
least
three
very
cogent
reasons
underlie
this
rule.
As
explained
in
Texas
Midland
R.R.
v.
Monroe,
110
Tex.
97,
216
S.W.
388,
389-‐390,
and
Haver
v.
Central
Railroad
Co.,
43
LRA
84,
85:
(1)
the
special
undertaking
of
the
carrier
requires
that
it
furnish
its
passenger
that
full
measure
of
protection
afforded
by
the
exercise
of
the
high
degree
of
care
prescribed
by
the
law,
inter
alia
from
violence
and
insults
at
the
hands
of
strangers
and
other
passengers,
but
above
all,
from
the
acts
of
the
carrier's
own
servants
charged
with
the
passenger's
safety;
(2)
said
liability
of
the
carrier
for
the
servant's
violation
of
duty
to
passengers,
is
the
result
of
the
formers
confiding
in
the
servant's
hands
the
performance
of
his
contract
to
safely
transport
the
passenger,
delegating
therewith
the
duty
of
protecting
the
passenger
with
the
utmost
care
prescribed
by
law;
and
(3)
as
between
the
carrier
and
the
passenger,
the
former
must
bear
the
risk
of
wrongful
acts
or
negligence
of
the
carrier's
employees
against
passengers,
since
it,
and
not
the
passengers,
has
power
to
select
and
remove
them.
Accordingly,
it
is
the
carrier's
strict
obligation
to
select
its
drivers
and
similar
employees
with
due
regard
not
only
to
their
technical
competence
and
physical
ability,
but
also,
no
less
important,
to
their
total
personality,
including
their
patterns
of
behavior,
moral
fibers,
and
social
attitude.
Applying
this
stringent
norm
to
the
facts
in
this
case,
therefore,
the
lower
court
rightly
adjudged
the
defendant
carrier
liable
pursuant
to
Art.
1759
of
the
Civil
Code.
The
dismissal
of
the
claim
against
the
defendant
driver
was
also
correct.
7
Plaintiff's
action
was
predicated
on
breach
of
contract
of
carriage
and
the
cab
driver
was
not
a
party
thereto.
His
civil
liability
is
covered
in
the
criminal
case
wherein
he
was
convicted
by
final
judgment.
In
connection
with
the
award
of
damages,
the
court
a
quo
granted
only
P3,000
to
plaintiff-‐appellant.
This
is
the
minimum
compensatory
damages
amount
recoverable
under
Art.
1764
in
connection
with
Art.
2206
of
the
Civil
Code
when
a
breach
of
contract
results
in
the
passenger's
death.
As
has
been
the
policy
followed
by
this
Court,
this
minimal
award
should
be
increased
to
P6,000.
As
to
other
alleged
actual
damages,
the
lower
court's
finding
that
plaintiff's
8
evidence
thereon
was
not
convincing,
should
not
be
disturbed.
Still,
Arts.
2206
and
1764
award
moral
damages
in
addition
to
compensatory
damages,
to
the
parents
of
the
passenger
killed
to
compensate
for
the
mental
anguish
they
9
suffered.
A
claim
therefor,
having
been
properly
made,
it
becomes
the
court's
duty
to
award
moral
damages.
Plaintiff
demands
P5,000
as
moral
damages;
however,
in
the
circumstances,
We
consider
P3,000
moral
damages,
in
addition
10
to
the
P6,000
damages
afore-‐stated,
as
sufficient.
Interest
upon
such
damages
are
also
due
to
plaintiff-‐appellant.
Wherefore,
with
the
modification
increasing
the
award
of
actual
damages
in
plaintiff's
favor
to
P6,000,
plus
P3,000.00
moral
damages,
with
legal
interest
on
both
from
the
filing
of
the
complaint
on
December
6,
1961
until
the
whole
amount
is
paid,
the
judgment
appealed
from
is
affirmed
in
all
other
respects.
No
costs.
So
ordered.