Case Digest (G.R. No. 208802)
Facts:
In the evening of March 22, 2003, Romeo L. Battung, Jr. boarded a bus of G.V. Florida Transport, Inc., body no. 037, plate no. BVJ-525, in Delfin Albano, Isabela en route to Manila. Battung sat in the first row behind the driver and fell asleep. Upon reaching Philippine Carabao Center in Muñoz, Nueva Ecija, driver Federico M. Duplio, Jr. stopped to inspect the tires and alighted. While the bus was stationary, a co-passenger from the fourth row stood up, shot Battung in the head, and fled with an accomplice. The conductor, Christopher Daraoay, was alerted, brought Battung to the hospital, but he was declared dead on arrival. On July 15, 2008, Battung’s heirs filed Civil Case No. 22-1103 for breach of contract of carriage, claiming P1,826,000.00 in damages against the transport company, Duplio, and Daraoay. They invoked the common-carrier’s duty of extraordinary diligence and presumed liability under Articles 1733, 1755, and 1756 of the Civil Code. The petitioners maintained theyCase Digest (G.R. No. 208802)
Facts:
- Parties and background
- Petitioner: G.V. Florida Transport, Inc.; Respondents: heirs of Romeo L. Battung, Jr., represented by Romeo B. Battung, Sr.
- On March 22, 2003, Battung boarded petitioner’s bus (body no. 037, plate BVJ-525) in Delfin Albano, Isabela, bound for Manila; he sat in the first row behind the driver.
- Incident and aftermath
- At the Philippine Carabao Center in Muñoz, Nueva Ecija, driver Federico M. Duplio, Jr. stopped the bus to check tires. A co-passenger from the fourth row shot Battung in the head and fled.
- Conductor Christopher Daraoay notified Duplio and brought Battung to a hospital, where he was pronounced dead on arrival.
- Procedural history
- July 15, 2008: respondents filed Civil Case No. 22-1103 (RTC Cabagan, Isabela) for P1,826,000 damages for breach of contract of carriage against petitioner, Duplio, and Daraoay.
- August 29, 2011: RTC found petitioner et al. liable for culpa contractual and awarded P1,586,000 compensatory, P50,000 actual, and P50,000 moral damages.
- May 31, 2013: CA in CA-G.R. CV No. 97757 affirmed the RTC decision; August 23, 2013: CA denied petitioner’s motion for reconsideration. Petitioner filed a petition for review on certiorari.
Issues:
- Whether the Court of Appeals correctly upheld the RTC’s finding of common-carrier liability (culpa contractual) for Battung’s death.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)