G.R. No. 162808 - Galvante vs. Casimiro

On 11 July 1973 at noon, petitioner Reynalda Gatchalian boarded respondent’s “Thames” mini-bus in San Eugenio, Aringay, La Union, bound for Bauang.
In Barrio Payocpoc, Bauang, a “snapping sound” was heard; the bus then bumped a cement flower pot, went off the road, turned turtle, and fell into a ditch.
Several passengers, including petitioner, sustained injuries (laceration on forehead; abrasions on elbow, knee, and lateral surface of left leg) and were hospitalized at Bethany Hospital, San Fernando, La Union.

On 14 July 1973, Mrs. Adela Delim (respondent’s wife) paid hospitalization and medical expenses and gave petitioner P12.00 for transportation home.
Before leaving, Mrs. Delim had injured passengers sign a pre-prepared Joint Affidavit stating they abandoned any criminal or civil complaint against the driver and owner “because it was an accident and the said driver and owner . . . have gone to the extent of helping us.”

Petitioner filed an extra-contractu action in the Court of First Instance of La Union for compensatory and moral damages, alleging a permanent 1×12-inch forehead scar, mental suffering, loss of employment opportunities, and inferiority complex.
Trial court dismissed the complaint, holding that petitioner had waived her rights by signing the Joint Affidavit.
On appeal, the Court of Appeals held the waiver invalid but nonetheless affirmed dismissal for lack of proven carrier liability.
Petitioner filed a petition for review on certiorari with the Supreme Court, seeking actual, moral damages, and attorney’s fees.

Whether the Joint Affidavit constituted a valid and binding waiver of petitioner’s civil cause of action.
Whether respondent common carrier proved exercise of extraordinary diligence or justified a force majeure defense.
Whether petitioner is entitled to actual (compensatory) damages, moral damages, and attorney’s fees, and in what amounts.