Facts:

The case involves the Batangas Laguna Tayabas Bus Company (BLTB) and its driver Armando Pon as petitioners, against the Intermediate Appellate Court and the heirs of several deceased individuals as respondents. The incident occurred on August 11, 1978, on a highway in Barangay Isabong, Tayabas, Quezon. A collision took place between BLTB Bus No. 1046, driven by Armando Pon, and Superlines Transportation Company Bus No. 404, driven by Ruben Dasco. The collision resulted in the deaths of Aniceto Rosales, Francisco Pamfilo, and Romeo Neri, while Nena Rosales (the wife of Aniceto) and Baylon Sales sustained injuries.

The evidence presented indicated that while BLTB Bus No. 1046 was attempting to overtake a Ford Fiera car, Superlines Bus No. 404 was approaching from the opposite direction. Armando Pon made a belated attempt to slow down and return to his lane, but the buses collided. Following the incident, Nena Vda. de Rosales, Baylon Sales, and the heirs of the deceased filed...

Facts:

Collision Incident

• On August 11, 1978, a collision occurred between Bus No. 1046 of the Batangas Laguna Tayabas Bus Company (BLTB), driven by Armando Pon, and Bus No. 404 of Superlines Transportation Company (Superlines), driven by Ruben Dasco. The accident happened on a highway in Barangay Isabong, Tayabas, Quezon.
• The collision resulted in the death of three passengers: Aniceto Rosales, Francisco Pamfilo, and Romeo Neri. Two other passengers, Nena Rosales (wife of Aniceto) and Baylon Sales, sustained injuries.

Cause of the Collision

• BLTB Bus No. 1046 attempted to overtake a Ford Fiera car while negotiating a bend on the highway. At the same time, Superlines Bus No. 404 was approaching from the opposite direction.
• Armando Pon, the BLTB driver, tried to slow down and return to his lane but failed, leading to the collision.

Legal Actions

• The heirs of the deceased and the injured passengers filed separate civil cases in the Court of First Instance of Marinduque against BLTB, Superlines, and their respective drivers, seeking damages, attorney’s fees, and litigation expenses.
• Criminal cases were also filed against the drivers in the Court of First Instance of Quezon.

Defenses

• BLTB and Superlines, along with their drivers, denied liability, each shifting blame to the other. They also filed counterclaims against the plaintiffs and crossclaims against each other.

Trial Court Decision

• The trial court exonerated Superlines and its driver, Ruben Dasco, and held BLTB and its driver, Armando Pon, solely liable. BLTB and Armando Pon were ordered to pay damages to the plaintiffs.

Appellate Court Decision

• The Intermediate Appellate Court affirmed the trial court’s decision but increased the death indemnity to P30,000 for each set of heirs.

Issue:

1. Whether the Intermediate Appellate Court erred in adjudging that the actions of the private respondents (plaintiffs) were based on culpa contractual (breach of contract of carriage) rather than culpa aquiliana (tort).
2. Whether BLTB and its driver, Armando Pon, were solely negligent and liable for the collision.
3. Whether the defense of force majeure or act of God could be invoked by the petitioners.

Ruling:

• The Supreme Court affirmed the decision of the Intermediate Appellate Court, holding that:
  1. The proximate cause of the collision was the sole negligence of Armando Pon, the BLTB driver, who recklessly attempted to overtake another vehicle on a no-overtaking zone.
  2. BLTB, as a common carrier, is primarily liable for the negligence of its employee under the principle of culpa contractual (breach of contract of carriage).
  3. The defense of force majeure was not applicable because the accident was caused by human negligence, not by natural causes beyond human control.

Ratio:

1. Negligence of the Driver:

   • Armando Pon violated traffic rules by attempting to overtake on a no-overtaking zone (marked by a continuous yellow line) on an ascending bend of the highway. This reckless act was the proximate cause of the collision.
   • Under Article 2165 of the Civil Code, a driver violating traffic regulations is presumed negligent unless proven otherwise.

2. Liability of the Common Carrier:

   • BLTB, as a common carrier, is bound by its contractual obligation to transport passengers safely. Under Article 1755 and 1756 of the Civil Code, common carriers are required to observe extraordinary diligence in ensuring passenger safety.
   • The liability of BLTB is primary, direct, and immediate, even if it exercised diligence in selecting and supervising its employees (Article 1759, Civil Code).

3. Solidary Liability:

   • BLTB and its driver, Armando Pon, are solidarily liable for the damages. The driver’s liability arises from quasi-delict, while the bus company’s liability arises from breach of contract.

4. Defense of Force Majeure:

   • The defense of force majeure or act of God was not applicable because the collision was caused by human negligence, not by natural or unavoidable events.

5. Presumption of Negligence:

   • In cases involving breach of contract of carriage, the carrier is presumed negligent unless it proves that it exercised extraordinary diligence. BLTB failed to rebut this presumption.

Conclusion:

• The Supreme Court upheld the liability of BLTB and its driver, Armando Pon, for the collision due to the driver’s negligence and the company’s failure to observe extraordinary diligence as a common carrier. The defense of force majeure was rejected, and the damages awarded by the lower courts were affirmed.