Case Digest (G.R. No. L-24471)
Facts:
Silverio Marchan and Philippine Rabbit Bus Co., Inc., G.R. No. L-24471, August 30, 1968, the Supreme Court En Banc, Fernando, J., writing for the Court. Petitioners are the bus driver (Silverio Marchan) and the bus company; respondents are Arsenio Mendoza, Leonarda Ilaya, and Zenaida Mendoza, passengers who were injured when the bus fell into a ditch.On the evening of January 22 (the Court of Appeals' findings state the boarding and accident occurred that night; the criminal conviction was later dated June 29, 1956), the petitioners' bus No. 141, driven by Marchan, skidded and fell into a ditch in barrio Malanday, Polo, Bulacan while en route to Manila. Respondents, who had boarded the bus and paid fares, were thrown out and suffered multiple injuries; Arsenio Mendoza sustained paralysis of the lower extremities and was regarded by his physician as possibly never to walk again.
Criminal proceedings for reckless imprudence resulting in serious, less serious and slight physical injuries were brought against driver Marchan before the Justice of the Peace Court of Polo, Bulacan; he was convicted on June 29, 1956, and that conviction was subsequently affirmed by the Court of First Instance. Respondents then filed a civil action against Marchan and against the bus operator (sued via administrators of the operator) for breach of contract of carriage and for damages arising from the driver's criminal negligence.
The trial court awarded compensatory damages (P40,000, as later affirmed) and attorney’s fees (P5,000). On appeal, the Court of Appeals (decision of December 14, 1964) found the driver grossly negligent, affirmed the award of P40,000 as compensatory damages, increased and fixed exemplary damages at P30,000, and sustained attorney’s fees of P5,000. The Court of Appeals denied petitioners’ motion for reconsideration by resolution dated March 31, 1965. Petitioners sought review in the Supreme Court to reverse the Court of Appeals’ holdings that (a) an implied co...(Subscriber-Only)
Issues:
- Was the bus company liable to respondents under an implied contract of carriage such that Article 1759 of the Civil Code made the carrier directly responsible for the passengers’ injuries?
- Was the Court of Appeals’ award of P40,000 in compensatory damages, P30,000 in exemplary damages, and P5,000 attorney’s fees improper or excessive?
- Are respondents entitled to interest on the various mon...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
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Doctrine:
- (Subscriber-Only)