Case Digest (G.R. No. L-12163)
Facts:
Paz Fores v. Ireneo Miranda, G.R. No. L-12163, March 04, 1959, the Supreme Court En Banc, Reyes, J., writing for the Court. Petitioner Paz Fores sought review of the Court of Appeals decision (C.A. Case No. 1437-R) that awarded respondent Ireneo Miranda damages for injuries sustained as a passenger in a jeepney. The Court of Appeals had awarded respondent sums described in the petition as P5,000 for actual damages and counsel fees, and P10,000 as moral damages, with costs; the judgment below and the precise awards are discussed in the lower-court narrative reproduced in the record.On the morning of March 22, 1953, a jeepney driven by Eugenio Luga descended Sta. Mesa bridge at excessive speed, lost control, swerved and struck the bridge wall. Five passengers, including Miranda, were injured; Miranda sustained a fracture of the upper right humerus, underwent multiple operations (first on May 23, 1953, involving wire loops, then insertion and later removal of a metal splint) and had not fully regained use of his right arm at trial. The driver was criminally charged for serious physical injuries through reckless imprudence and pleaded guilty.
At trial, the identity of the vehicle as petitioner’s was established by its plate number (TPU-1163, series of 1952, Quezon City) and the painted name “Dona Paz”; petitioner attacked the credibility of two policemen who investigated the scene but offered no contrary proof. Petitioner also claimed that she sold the jeep one day before the accident (March 21, 1953) to a Carmen Sackerman, raising the question of whether she remained liable.
The trial court (Court of First Instance of Manila) awarded P10,000 actual damages (later reduced by the Court of Appeals to P2,000 on the record’s lack of evidentiary basis for the larger amount) and had not initially provided attorney’s fees; the Court of Appeals awarded attorney’s fees (discussed as P3,000 in the opinion) and moral damages. The Court of Appeals found the vehicle registered in petitioner’s n...(Pro-only)
Issues:
- Is the prior approval of the Public Service Commission required for the sale of a public service vehicle even when the sale does not convey any authority to operate the franchise?
- Does the alleged sale of the jeep one day before the accident absolve petitioner-owner from civil liability to the injured passenger?
- Were the Court of Appeals’ awards of actual damages and attorney’s fees proper?
- Was the award of moral damages proper in a breach of the contract of transpo...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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