Case Digest (G.R. No. 122039)
Facts:
On the morning of August 23, 1989, at around 10:00 a.m., Eliza Jujeurche G. Sunga, then a freshman at Silliman University, boarded a passenger jeepney owned and operated by Vicente Calalas in Dumaguete City bound for Poblacion Sibulan, Negros Occidental. Because the vehicle was filled to its 24-passenger capacity, she was seated on a wooden “extension seat” at the rear doorway. As the jeepney stopped to discharge a passenger, Sunga rose to allow the latter to alight. At that moment, an Isuzu truck driven by Iglecerio Verena and owned by Francisco Salva collided with the rear left portion of the jeepney, causing Sunga to suffer a compound fracture of the distal third of her left tibia-fibula with severe skin necrosis. She underwent closed reduction, long-leg casting, and case wedging under sedation, and remained hospitalized from August 23 to September 7, 1989. Her orthopedic surgeon, Dr. Danilo V. Oligario, certified that she would require three months in a cast and use of crutcCase Digest (G.R. No. 122039)
Facts:
- Circumstances of the Accident
- On August 23, 1989 at about 10:00 AM, private respondent Eliza J. G. Sunga boarded a passenger jeepney owned and operated by petitioner Vicente Calalas. The vehicle was filled to its 24-passenger capacity, and Sunga was provided an “extension seat” (a wooden stool at the rear door).
- While the jeepney stopped to let a passenger alight in Poblacion Sibulan, Negros Occidental, Sunga gave way to the outgoing passenger. An Isuzu truck driven by Iglecerio Verena and owned by Francisco Salva bumped the left rear of the jeepney, causing Sunga’s fall and injury.
- Nature and Extent of Injuries and Treatment
- Sunga sustained a fracture of the distal third of the left tibia-fibula with severe skin necrosis. Under sedation, she underwent closed reduction, long leg circular casting, and case wedging.
- Hospital confinement lasted from August 23 to September 7, 1989. Her orthopedic surgeon certified a three-month casting period with ambulation on crutches.
- Procedural History
- On October 9, 1989, Sunga filed a complaint against Calalas for breach of contract of carriage, alleging failure to exercise due diligence as a common carrier. Calalas impleaded Salva as a third-party defendant.
- The Regional Trial Court (Branch 36, Dumaguete City) absolved Calalas of liability and held Salva liable for quasi-delict. Calalas had also sued Salva separately (Civil Case No. 3490) for damage to the jeepney, in which Salva and Verena were held jointly liable.
- On appeal, the Court of Appeals reversed, finding Calalas liable for breach of contract of carriage and awarding Sunga P50,000 actual damages, P50,000 moral damages, P10,000 attorney’s fees, P1,000 litigation expenses, and costs.
- Calalas filed this petition for certiorari before the Supreme Court, challenging liability and the award of moral damages.
Issues:
- Liability of the common carrier
- Whether Calalas, as a common carrier, may escape liability by invoking the negligence of a third-party truck driver or by alleging force majeure.
- Applicability of res judicata
- Whether the prior decision in Civil Case No. 3490 binding on Sunga precludes her contract-of-carriage action.
- Award of moral damages
- Whether moral damages are supportable in a breach-of-contract action absent bad faith or death of the passenger.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)