Title
Mara vs. Perez
Case
G.R. No. L-22272
Decision Date
Jun 26, 1967
A passenger was killed by a taxicab driver; the carrier was held absolutely liable for damages under Article 1759, despite claims of self-defense and *caso fortuito*.

Case Summary (G.R. No. L-22272)

Applicable Law and Proceedings

The case was decided under the laws prior to the 1987 Constitution, the applicable law being the Civil Code provisions before its amendment, specifically Articles 1174 (fortuitous events), 1759 (liability of common carriers), 1764 (compensatory damages), 2206 (liability for breach of contract), and 2210 (interest). The trial court found Perez liable for damages, dismissing the claim against Valenzuela. Both parties appealed. The Court of Appeals affirmed Valenzuela's criminal conviction on May 19, 1964.

Carrier’s Liability and Distinction from Precedent

The defendant Perez cited the case Gillaco v. Manila Railroad Co., which held a carrier is not absolutely liable for assaults committed by its employees if the act was outside the scope of their duty. However, this case is distinguished on facts and law. In Gillaco, the employee’s act occurred outside his duty and prior to his work hours; hence, the employer was not liable. In contrast, in this case, Valenzuela, the driver, committed the killing during the course of his duty as the carrier’s employee, entrusted with transporting the passenger safely.

Statutory Difference and Legal Basis for Liability

The earlier Civil Code used in Gillaco did not impose absolute liability on carriers for willful acts of employees, while the current Civil Code (applicable here) explicitly holds common carriers liable for death or injury to passengers caused by negligence or willful acts of employees, even if beyond their authority or against orders (Art. 1759, Civil Code of the Philippines). This codal provision introduces absolute liability aimed at passenger protection.

Theoretical Foundations for Absolute Liability

The Court explained three main reasons supporting this strict liability: (1) the carrier’s contractual obligation demands exceptional care for passenger safety against violence, especially from its own employees; (2) the carrier delegates to its employees the duty to safeguard passengers and must assume responsibility for their breach; and (3) the carrier, not the passenger, controls employee selection and dismissal, and thus should bear the risk for employee misconduct.

Implications for Carrier's Duty of Care

The carrier must exercise stringent standards in hiring and supervision, including assessing technical competence, physical ability, character, and social disposition of employees entrusted with passenger safety. Accordingly, the Court affirmed the lower court's decision holding Perez liable under Article 1759.

Dismissal of Claim Against Driver Valenzuela

The driver, Valenzuela, was not a party to the contract of carriage and the civil claim did not lie against him; his liability was addressed in the criminal case where he had been convicted. The dismissal of the claim against him in civil court was proper.

Damages Award and Adjustment

The trial court awarded P3,000 as compensatory damages, the minimum under Arts. 1764 and 2206 for breach of contract resulting in death. The Court increased this amount to P6,000 in line with the policy t

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