Title
Batangas Laguna Tayabas Bus Co. vs. Intermediate Appellate Court
Case
G.R. No. 74387-90
Decision Date
Nov 14, 1988
Bus collision due to BLTB driver's negligence; BLTB held liable for breach of contract of carriage, rejecting force majeure defense.

Case Summary (G.R. No. 74387-90)

Background and Antecedent Facts

The incident was precipitated when BLTB Bus No. 1046, driven by Armando Pon, attempted to overtake a Ford Fiera vehicle while negotiating a dangerous bend in the highway. This maneuver was ill-timed, as Superlines Bus No. 404, operated by Ruben Dasco, was approaching from the opposite direction. The collision led to the deaths of Aniceto Rosales, Francisco Pamfilo, and Romeo Neri, and injuries to passengers Nena Vda. de Rosales and Baylon Sales. In response, the surviving heirs initiated separate civil cases against BLTB and Superlines, as well as criminal proceedings against the drivers.

Trial Court Proceedings

In the lower court, BLTB and its driver were held jointly and severally liable for damages, despite the defendants denying fault and attributing blame to each other. The trial court found the driver of the Superlines bus not liable while placing the blame solely on driver Pon for the negligent operation of the bus. This decision included awarded damages to the plaintiffs due to the fatalities and injuries caused by the collision.

Appeal and Intermediate Appellate Court Ruling

BLTB and Armando Pon appealed the lower court's decision to the Intermediate Appellate Court, contesting the ruling on the basis of liability, specifically arguing that the plaintiffs' claims were improperly grounded on culpa contractual rather than culpa aquiliana (tort). The appellate court modified the lower court's judgment to increase the death indemnity to PHP 30,000 per set of heirs while affirming the overall ruling that held BLTB liable due to the acts of its driver.

Liability Principles

The appellate court determined that liability arose from both contractual and tortious grounds. It underscored that the driver, Armando Pon, acted negligently by overtaking in a no-overtaking zone, thereby failing to adhere to traffic regulations that emphasize the necessity of safety when maneuvering vehicles on the road, especially in a hazardous area. The court cited existing legal precedents regarding the obligations of a driver and common carrier, emphasizing that negligence in this context is typically inferred when a traffic violation occurs.

Rationale for Affirming Liability

In affirming the liability of BLTB, the court relied on provisions from the Civil Code, which place a heightened duty of diligence on common carriers. The burden of proof shifts to the carrier to demonstrate that they have exercised "extraordinary diligence" in preventing harm to passengers. The failure to meet this burden, coupled with demonstrable negligence from the driver, resulted in BLTB being deemed directly liable for the damages incurred by the plaintiffs.

Conclusion on Legal Arguments

The petitioners’ argument that a common carrie

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