Case Digest (G.R. No. L-28014-15)
Facts:
Spouses Marcelo Landingin and Racquel Bocasas v. Pangasinan Transportation Co. and Marcelo Oligan, G.R. Nos. L-28014-15. May 29, 1970, the Supreme Court En Banc, Villamor, J., writing for the Court.The plaintiffs in the two consolidated actions were the families of Leonila Landingin and Estrella Garcia, who died on April 20, 1963, after an accident involving a PANTRANCO bus driven by Marcelo Oligan on Kennon Road. The complaints (Civil Cases Nos. D-1468 and D-1470) alleged negligence and breach of contract of carriage: that the bus was unsafe (open on one side), that PANTRANCO had pretended to secure a special permit, that the driver mishandled the bus causing it to stall, roll back and throw passengers out, and that the driver had been criminally charged and convicted for multiple homicide and slight physical injuries (with that criminal matter then on appeal).
Defendants answered that the driver was operating at low speed (about 10 kph), that he warned passengers not to jump and that the deceased recklessly jumped out despite instructions, that PANTRANCO exercised proper care in selection and supervision of employees and in maintenance, and that the criminal conviction was not yet final. By agreement the two civil cases were tried jointly in the Court of First Instance of Manila; the trial court rendered decision on October 17, 1966.
The trial court found that a cross-joint under the bus broke, causing the motor to malfunction and the bus to roll back; that the driver maneuvered the bus against the mountainside and warned passengers not to jump; that Leonila and Estrella panicked and jumped out rather than being flung; and that PANTRANCO had exercised due care and inspected the cross-joint the day before. The trial court concluded the accident was a fortuitous event and absolved the defendants of liability, yet—relying on evidence of prior offers of settlement and to assuage plaintiffs' feelings—ordered PANTRANCO to pay P6,500 to the Landingin-Bocasas and P3,500 to the Garcias as an "expression o...(Pro-only)
Issues:
- Did the trial court err, as a matter of law, in holding that the accident was a fortuitous event and in absolving the defendants of liability?
- If the trial court erred, is Pangasinan Transportation Co. (PANTRANCO) liable for breach of the contract of carriage and liable to pay the amounts awarded to the plaintiff...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)