Title
Pantranco North Express, Inc. vs. Baesa
Case
G.R. No. 79050-51
Decision Date
Nov 14, 1989
A speeding PANTRANCO bus collided with a jeepney in 1981, killing five and injuring others. The Supreme Court held PANTRANCO liable, rejecting the last clear chance defense, citing bus driver negligence, and affirming damages for the victims.
A

Case Digest (G.R. No. 86421)

Facts:

  • Parties and Background
    • Petitioner: Pantranco North Express, Inc. (PANTRANCO), a bus company.
    • Respondents: Maricar Bascos Baesa through her personal guardian, Francisca O. Bascos, and Fe O. Ico for herself and her minor children.
    • The case involves the death of spouses Ceasar and Marilyn Baesa and their children Harold Jim and Marcelino Baesa, as well as David Ico, and injuries sustained by other passengers in a vehicular accident.
  • Incident Details
    • Date and Time: Around 7:00 a.m., June 12, 1981.
    • Location: En route to Malalam River, Ilagan, Isabela via Barrio Capayacan and San Felipe.
    • Vehicles: A passenger jeepney driven by David Ico and a Pantranco bus driven by Ambrosio Ramirez.
    • Accident Description: The Pantranco bus was speeding from Aparri to Manila and encroached on the jeepney’s lane while negotiating a curve, resulting in a collision.
    • Consequences: Deaths of David Ico, spouses Ceasar and Marilyn Baesa, and their children Harold Jim and Marcelino Baesa; multiple injuries among passengers; jeepney was extensively damaged.
    • Aftermath: Bus driver Ambrosio Ramirez fled and has remained in hiding.
  • Legal Proceedings
    • Initial Settlements: All victims except the private respondents settled with Pantranco under its “No Fault” insurance coverage.
    • Separate Actions: Maricar Baesa and Fe O. Ico filed separate quasi-delict claims for damages against Pantranco (Civil Case Nos. 561-R and 589-R).
    • Defense: Pantranco pointed to alleged negligence of jeepney driver David Ico and claimed it exercised due diligence in selecting and supervising its driver.
    • Trial Court Ruling (July 3, 1984):
      • Pantranco ordered to pay Php 2,304,647 plus 10% attorney’s fees and costs in case No. 561-R.
      • Pantranco ordered to pay Php 652,672 plus 10% attorney’s fees and costs in case No. 589-R.
    • Court of Appeals Decision: Modified award to approximately Php 1,189,927 plus Php 20,000 attorney’s fees (case No. 561-R) and Php 344,000 plus Php 10,000 attorney’s fees (case No. 589-R), and ordered payment of costs in both cases. The COA detailed specific compensatory and moral damages to the respondents.
    • Pantranco’s Motion for Reconsideration: Denied by the Court of Appeals on June 26, 1987.
    • Appeal to the Supreme Court: Pantranco sought review of the Court of Appeals decision.

Issues:

  • Applicability of the doctrine of last clear chance and negligence of the jeepney driver.
  • Whether Pantranco exercised the diligence of a good father of a family in selecting and supervising its driver to relieve itself from liability.
  • Adequacy and basis of damages awarded, especially for loss of earning capacity and compensatory damages for death of minor children.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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