G.R. No. L-20761 - La Mallorca vs. Court of Appeals

On December 20, 1953, at around noontime, respondents Mariano Beltran and his family—wife and three minor daughters (Milagros, 13; Raquel, about 4½; Fe, over 2)—boarded Pambusco Bus No. 352 (plate TPU No. 757) owned and operated by petitioner La Mallorca, en route from San Fernando to Anao, Mexico, Pampanga.
The conductor issued full‐fare tickets to Mariano, his wife, and eldest daughter; no fare was charged for Raquel and Fe under the carrier’s height regulation.

Upon arrival at Anao, the family disembarked; Mariano led his wife and children to a shaded spot some four to five meters from the bus. He returned to retrieve a bayong left under a seat. Unbeknownst to him, Raquel followed.
While Mariano waited on the running board for the conductor to hand over the bayong, the driver—engine still running and without signal—moved the bus forward about ten meters. Mariano jumped off; Raquel, still near the bus, was run over and suffered a crushed skull, resulting in her death.

Trial court (RTC) held petitioner liable for breach of contract of carriage, awarding P3,000 for Raquel’s death (moral damages) and P400 actual damages (burial expenses).
On appeal, the Court of Appeals accepted that the carriage contract had terminated upon alighting but nevertheless imposed quasi‐delict liability under Art. 2180 of the Civil Code, increasing the death award to P6,000 plus P400.

Whether petitioner remained liable under the contract of carriage (or, alternatively, under quasi‐delict) at the time of Raquel’s death.
Whether the Court of Appeals erred in increasing the damages from P3,000 to P6,000 despite respondents not appealing the amount.