transportation law (first 10 cases).docx
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CASE 01 SPOUSES TEODORO1and NANETTE PERENA, Petitioners,
vs.
SPOUSES TERESITA PHILIPPINE NICOLAS and L. ZARATE, NATIONAL
RAILWAYS, and the COURT OF APPEALS Respondents.
D E C I S I O N
BERSAMIN,J.:
The operator of a. school bus service is a common carrier in the ees of the la!. "e is bound
to observe e#traordinar dili$ence in the conduct of his business. "e is presumed to be
ne$li$ent !hen death occurs to a passen$er. "is liabilit ma include indemnit for loss of
earnin$ capacit even if the deceased passen$er ma onl be an unemploed hi$h school
student at the time of the accident.
The Cae
% petition for revie! on certiorari, Spouses Teodoro and Nanette Perefia &Perefias' appeal
the adverse decision promul$ated on November (), *++*, b !hich the Court of ppeals &C'
affirmed !ith modification the decision rendered on December ), (--- b the Re$ional Trial
Court &RTC', %ranch *+, in Para/a0ue Cit that had decreed them 1ointl and severall liable!ith Philippine National Rail!as &PNR', their co2defendant, to Spouses Nicolas and Teresita
3arate &3arates' for the death of their (42ear old son, aron 5ohn 6. 3arate &aron', then a
hi$h school student of Don %osco Technical Institute &Don %osco'.
Ante!edent
The Pere/as !ere en$a$ed in the business of transportin$ students from their respective
residences in Para/a0ue Cit to Don %osco in Pason$ Tamo, 7a8ati Cit, and bac8. In their
business, the Pere/as used a 9I Ceres :an &van' !ith Plate No. P; =4 .7. of u$ust **, (--, !ithin the vicinit of the 7a$allanes
Interchan$e in 7a8ati Cit, 7etro 7anila, Philippines
&=')t the time of the vehicularFtrain collision, the sub1ect site of the vehicularFtrain
collision !as a railroad crossin$ used b motorists for crossin$ the railroad trac8s
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&4')Durin$ the said time of the vehicularFtrain collision, there !ere no appropriate
and safet !arnin$ si$ns and railin$s at the site commonl used for railroad
crossin$
&')t the material time, countless number of 7a8ati bound public utilit and
private vehicles used on a dail basis the si te of the collision as an alternative route
and short2cut to 7a8ati
&@')The train driver or operator left the scene of the incident on board the commutertrain involved !ithout !aitin$ for the police investi$ator
&
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&(' &for' the death of aron2 Php4+,+++.++
&*' ctual dama$es in the amount of Php(++,+++.++
&)' or the loss o f earnin$ capacit2 Php*,(+-,+@(.++
&=' 7oral dama$es in the amount of Php=,+++,+++.++
&4' E#emplar dama$es in the amount o f Php(,+++,+++.++
&' ttorne?s fees in the amount of Php*++,+++.++ and
&@' Cost of suit.
SO ORDERED.
On 5une *-, *+++, the RTC denied the Pere/as? motion for reconsideration, =reiteratin$ that the
cooperative $ross ne$li$ence of the Pere/as and PNR had caused the collision that led to the
death of aron and that the dama$es a!arded to the 3arates !ere not e#cessive, but based on
the established circumstances.
The CA( R"#$n%
%oth the Pere/as and PNR appealed &C..2H.R. C: No.
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I. The lo!er court erred !hen i t upheld the trial court?s decision holdin$ the petitioners 1ointl
and severall liable to pa dama$es !ith Philippine National Rail!as and dismissin$ their
cross2claim a$ainst the latter.
II. The lo!er court erred in affirmin$ the trial court?s decision a!ardin$ dama$es for loss of
earnin$ capacit of a minor !ho !as onl a hi$h school student at the time of his death in the
absence of sufficient basis for such an a!ard.
III. The lo!er court erred in not reducin$ further the amount of dama$es a!arded, assumin$petitioners are liable at all.
R"#$n%
The petition has no merit.
1.
We)e the Pe)e*a and PNR +&$nt#
and e-e)a## #$a#e '&) da/a%e
The 3arates brou$ht this action for recover of dama$es a$ainst both the Pere/as and the
PNR, basin$ their claim a$ainst the Pere/as on breach of contract of carria$e and a$ainst the
PNR on 0uasi2delict.
The RTC found the Pere/as and the PNR ne$li$ent. The C affirmed the findin$s.
Ae concur !ith the C.
To start !ith, the Pere/as? defense !as that the e#ercised the dili$ence of a $ood father of the
famil in the selection and supervision of lfaro, the van driver, b seein$ to it that lfaro had
a driver?s license and that he had not been involved in an vehicular accident prior to the fatal
collision !ith the train that the even had their o!n son travel to and from school on a dail
basis and that Teodoro Pere/a himself sometimes accompanied lfaro in transportin$ thepassen$ers to and from school. The RTC $ave scant consideration to such defense b
re$ardin$ such defense as inappropriate in an action for breach of contract of carria$e.
Ae find no ade0uate cause to differ from the conclusions of the lo!er courts that the Pere/as
operated as a common carrier and that their standard of care !as e#traordinar dili$ence, not
the ordinar dili$ence of a $ood father of a famil.
lthou$h in this 1urisdiction the operator of a school bus service has been usuall re$arded as
a private carrier,-primaril because he onl caters to some specific or privile$ed individuals,
and his operation is neither open to the indefinite public nor for public use, the e#act nature of
the operation of a school bus service has not been finall settled. This is the occasion to la the
matter to rest.
carrier is a person or corporation !ho underta8es to transport or conve $oods or persons
from one place to another, $ratuitousl or for hire. The carrier is classified either as a
privateFspecial carrier or as a commonFpublic carrier.(+ private carrier is one !ho, !ithout
ma8in$ the activit a vocation, or !ithout holdin$ himself or itself out to the public as read to
act for all !ho ma desire his or its services, underta8es, b special a$reement in a particular
instance onl, to transport $oods or persons from one place to another either $ratuitousl or for
hire.((The provisions on ordinar contracts of the Civil Code $overn the contract of private
carria$e.The dili$ence re0uired of a private carrier is onl ordinar, that is, the dili$ence of a
$ood father of the famil. In contrast, a common carrier is a person, corporation, firm or
association en$a$ed in the business of carrin$ or transportin$ passen$ers or $oods or both, b
land, !ater, or air, for compensation, offerin$ such services to the public.(*Contracts of
common carria$e are $overned b the provisions on common carriers of the Civil Code, the
Public Service ct,()and other special la!s relatin$ to transportation. common carrier is
re0uired to observe e#traordinar dili$ence, and is presumed to be at fault or to have acted
ne$li$entl in case of the loss of the effects of passen$ers, or the death or in1uries to
passen$ers.(=
In relation to common carriers, the Court defined public use in the follo!in$ terms in Gnited
States v. Tan Piaco,(4viB>
KPublic useK is the same as Kuse b the publicK. The essential feature of the public use is not
confined to privile$ed individuals, but is open to the indefinite public. It is this indefinite or
unrestricted 0ualit that $ives it it s public character. In determinin$ !hether a use is public, !e
must loo8 not onl to the character of the business to be done, but also to the proposed mode
of doin$ it. If the use is merel optional !ith the o!ners, or the public benefit is merel
incidental, it is not a public use, authoriBin$ the e#ercise of the 1urisdiction of the public utilit
commission. There must be, in $eneral, a ri$ht !hich the la! compels the o!ner to $ive to the
$eneral public. It is not enou$h that the $eneral prosperit of the public is promoted. Public
use is not snonmous !ith public interest. The true criterion b !hich to 1ud$e the character
of the use is !hether the public ma en1o it b ri$ht or onl b permission.
InDe Guzman v. Court of Appeals,(the Court noted that rticle (@)* of the Civil Code
avoided an distinction bet!een a person or an enterprise offerin$ transportation on a re$ular
or an isolated basis and has not distin$uished a carrier offerin$ his services to the $eneralpublic, that is, the $eneral communit or population, from one offerin$ his services onl to a
narro! se$ment of the $eneral population.
Nonetheless, the concept of a common carrier embodied in rticle (@)* of the Civil Code
coincides neatl !ith the notion of public service under the Public Service ct, !hich
supplements the la! on common carriers found in the Civil Code. Public service, accordin$ to
Section (), para$raph &b' of the Public Service ct, includes>
# # # ever person that no! or hereafter ma o!n, operate, mana$e, or control in the
Philippines, for hire or compensation, !ith $eneral or limited clientLle, !hether permanent or
occasional, and done for the $eneral business purposes, an common carrier, railroad, street
rail!a, traction rail!a, sub!a motor vehicle, either for frei$ht or passen$er, or both, !ith
or !ithout fi#ed route and !hatever ma be its classification, frei$ht or carrier service of an
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class, e#press service, steamboat, or steamship line, pontines, ferries and !ater craft, en$a$ed
in the transportation of passen$ers or frei$ht or both, shipard, marine repair shop, ice2
refri$eration plant, canal, irri$ation sstem, $as, electric li$ht, heat and po!er, !ater suppl
and po!er petroleum, se!era$e sstem, !ire or !ireless communications sstems, !ire or
!ireless broadcastin$ stations and other similar public services. # # #. (@
Hiven the breadth of the afore0uoted characteriBation of a common carrier, the Court has
considered as common carriers pipeline operators,( &a' en$a$ed in transportin$ passen$ers $enerall as a
business, not 1ust as a casual occupation &b' underta8in$ to carr passen$ers over established
roads b the method b !hich the business !as conducted and &c' transportin$ students for a
fee. Despite caterin$ to a limited clientLle, the Pere/as operated as a common carrier because
the held themselves out as a read transportation indiscriminatel to the students of a
particular school livin$ !ithin or near !here the operated the service and for a fee.
The common carrier?s standard of care and vi$ilance as to the safet of the passen$ers is
defined b la!. Hiven the nature of the business and for reasons of public polic, the common
carrier is bound Kto observe e#traordinar dili$ence in the vi$ilance over the $oods and for the
safet of the passen$ers transported b them, accordin$ to all the circumstances of each
case.K**rticle (@44 of the Civil Code specifies that the common carrier should Kcarr the
passen$ers safel as far as human care and foresi$ht can provide, usin$ the utmost dili$ence of
ver cautious persons, !ith a due re$ard for all the circumstances.K To successfull fend off
liabilit in an action upon the death or in1ur to a passen$er, the common carrier must prove
his or its observance of that e#traordinar dili$ence other!ise, the le$al presumption that he
or it !as at fault or acted ne$li$entl !ould stand .*)No device, !hether b stipulation, postin$
of notices, statements on tic8ets, or other!ise, ma dispense !ith or lessen the responsibilit
of the common carrier as defined under rticle (@44 of the Civil Code. *=
nd, secondl, the Pere/as have not presented an compellin$ defense or reason b !hich the
Court mi$ht no! reverse the C?s findin$s on their liabilit. On the contrar, an e#amination
of the records sho!s that the evidence full supported the findin$s of the C.
s earlier stated, the Pere/as, actin$ as a common carrier, !ere alread presumed to be
ne$li$ent at the time of the accident because death had occurred to their passen$er.*4The
presumption of ne$li$ence, bein$ a presumption of la!, laid the burden of evidence on their
shoulders to establish that the had not been ne$li$ent.*It !as the la! no less that re0uired
them to prove their observance of e#traordinar dili$ence in seein$ to the safe and secure
carria$e of the passen$ers to their destination. Gntil the did so in a credible manner, the
stood to be held le$all responsible for the death of aron and thus to be held liable for all the
natural conse0uences of such death.
There is no 0uestion that the Pere/as did not overturn the presumption of their ne$li$ence b
credible evidence. Their defense of havin$ observed the dili$ence of a $ood father of a famil
in the selection and supervision of their driver !as not le$all sufficient. ccordin$ to rticle
(@4- of the Civil Code, their liabilit as a common carrier did not cease upon proof that the
e#ercised all the dili$ence of a $ood father of a famil in the selection and supervision of their
emploee. This !as the reason !h the RTC treated this defense of the Pere/as as
inappropriate in this action for breach of contract of carria$e.
The Pere/as !ere liable for the death of aron despite the fact that their driver mi$ht have
acted beond the scope of his authorit or even in violation of the orders of the common
carrier.*@In this connection, the records sho!ed their driver?s actual ne$li$ence. There !as a
sho!in$, to be$in !ith, that their driver traversed the railroad trac8s at a point at !hich the
PNR did not permit motorists $oin$ into the 7a8ati area to cross the railroad trac8s. lthou$h
that point had been used b motorists as a shortcut into the 7a8ati area, that fact alone did not
e#cuse their driver into ta8in$ that route. On the other hand, !ith his familiarit !ith that
shortcut, their driver !as full a!are of the ris8s to his passen$ers but he still disre$arded the
ris8s. Compoundin$ his lac8 of care !as that loud music !as plain$ inside the air2
conditioned van at the time of the accident. The loudness most probabl reduced his abilit to
hear the !arnin$ horns of the oncomin$ train to allo! him to correctl appreciate the lur8in$
dan$ers on the railroad trac8s. lso, he sou$ht to overta8e a passen$er bus on the left side as
both vehicles traversed the railroad trac8s. In so doin$, he lost his vie! of the train that !as
then comin$ from the opposite side of the passen$er bus, leadin$ him to miscalculate his
chances of beatin$ the bus in their race, and of $ettin$ clear of the train. s a result, the bus
avoided a collision !ith the train but the van $ot slammed at its rear, causin$ the fatalit.
6astl, he did not slo! do!n or $o to a full stop before traversin$ the railroad trac8s despite8no!in$ that his slac8enin$ of speed and $oin$ to a full stop !ere in observance of the ri$ht
of !a at railroad trac8s as defined b the traffic la!s and re$ulations. *
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The test b !hich to determine the e#istence of ne$li$ence in a particular case has been aptl
stated in the leadin$ case of Picart v. Smith,)=thus!ise>
The test b !hich to determine the e#istence of ne$li$ence in a particular case ma be stated
as follo!s> Did the defendant in doin$ the alle$ed ne$li$ent act use that reasonable care and
caution !hich an ordinaril prudent person !ould have used in the same situation If not, then
he is $uilt of ne$li$ence. The la! here in effect adopts the standard supposed to be supplied
b the ima$inar conduct of the discreet paterfamilias of the Roman la!. The e#istence of
ne$li$ence in a $iven case is not determined b reference to the personal 1ud$ment of the actor
in the situation before him. The la! considers !hat !ould be rec8less, blame!orth, or
ne$li$ent in the man of ordinar intelli$ence and prudence and determines liabilit b that.
The 0uestion as to !hat !ould constitute the conduct of a prudent man in a $iven situation
must of course be al!as determined in the li$ht of human e#perience and in vie! of the facts
involved in the particular case. bstract speculation cannot here be of much value but this
much can be profitabl said> Reasonable men $overn their conduct b the circumstances
!hich are before them or 8no!n to them. The are not, and are not supposed to be, omniscient
of the future. "ence the can be e#pected to ta8e care onl !hen there is somethin$ before
them to su$$est or !arn of dan$er. Could a prudent man, in the case under consideration,
foresee harm as a result of the course actuall pursued If so, it !as the dut of the actor to
ta8e precautions to $uard a$ainst that harm. Reasonable foresi$ht of harm, follo!ed b the
i$norin$ of the su$$estion born of this prevision, is al!as necessar before ne$li$ence can be
held to e#ist. Stated in these terms, the proper criterion for determinin$ the e#istence of
ne$li$ence in a $iven case is this> Conduct is said to be ne$li$ent !hen a prudent man in the
position of the tortfeasor !ould have foreseen that an effect harmful to another !as
sufficientl probable to !arrant his fore$oin$ the conduct or $uardin$ a$ainst its
conse0uences. &Emphasis supplied'
Pursuant to thePicart v. Smithtest of ne$li$ence, the Pere/as? driver !as entirel ne$li$ent
!hen he traversed the railroad trac8s at a point not allo!ed for a motorist?s crossin$ despite
bein$ full a!are of the $rave harm to be thereb caused to his passen$ers and !hen he
disre$arded the foresi$ht of harm to his passen$ers b overta8in$ the bus on the left side as to
leave himself blind to the approach of the oncomin$ train that he 8ne! !as on the opposite
side of the bus.
Gnrelentin$, the Pere/as cite Phil. National Rail!as v. Intermediate ppellate Court,)4!here
the Court held the PNR solel liable for the dama$es caused to a passen$er bus and its
passen$ers !hen its train hit the rear end of the bus that !as then traversin$ the railroad
crossin$. %ut the circumstances of that case and this one share no similarities. In Philippine
National Rail!as v. Intermediate ppellate Court, no evidence of contributor ne$li$ence
!as adduced a$ainst the o!ner of the bus. Instead, it !as the o!ner of the bus !ho proved the
e#ercise of e#traordinar dili$ence b preponderant evidence. lso, the records are replete
!ith the sho!in$ of ne$li$ence on the part of both the Pere/as and the PNR. nother
distinction is that the passen$er bus in Philippine National Rail!as v. Intermediate ppellate
Court !as traversin$ the dedicated railroad crossin$ !hen it !as hit b the train, but the
Pere/as? school van traversed the railroad trac8s at a point not intended for that purpose.
t an rate, the lo!er courts correctl held both the Pere/as and the PNR K1ointl and
severallK liable for dama$es arisin$ from the death of aron. The had been impleaded in the
same complaint as defendants a$ainst !hom the 3arates had the ri$ht to relief, !hether 1ointl,
severall, or in the alternative, in respect to or arisin$ out of the accident, and 0uestions of fact
and of la! !ere common as to the 3arates. )lthou$h the basis of the ri$ht to relief of the
3arates &i.e., breach of contract of carria$e' a$ainst the Pere/as !as distinct from the basis of
the 3arates? ri$ht to relief a$ainst the PNR &i.e., 0uasi2delict under rticle *(@, Civil Code',
the nonetheless could be held 1ointl and severall liable b virtue of their respective
ne$li$ence combinin$ to cause the death of aron. s to the PNR, the RTC ri$htl found the
PNR also $uilt of ne$li$ence despite the school van of the Pere/as traversin$ the railroadtrac8s at a point not dedicated b the PNR as a railroad crossin$ for pedestrians and motorists,
because the PNR did not ensure the safet of others throu$h the placin$ of crossbars, si$nal
li$hts, !arnin$ si$ns, and other permanent safet barriers to prevent vehicles or pedestrians
from crossin$ there. The RTC observed that the fact that a crossin$ $uard had been assi$ned to
man that point from @ a.m. to 4 p.m. !as a $ood indicium that the PNR !as a!are of the ris8s
to others as !ell as the need to control the vehicular and other traffic there. :eril, the Pere/as
and the PNR !ere 1oint tortfeasors.
.
Wa the $nde/n$t '&) #& &'
Aa)&n( ea)n$n% !a2a!$t 2)&2e)
The RTC a!arded indemnit for loss of aron?s earnin$ capacit. lthou$h a$reein$ !ith the
RTC on the liabilit, the C modified the amount. %oth lo!er courts too8 into consideration
that aron, !hile onl a hi$h school student, had been enrolled in one of the reputable schools
in the Philippines and that he had been a normal and able2bodied child prior to his death. The
basis for the computation of aron?s earnin$ capacit !as not !hat he !ould have become or
!hat he !ould have !anted to be if not for his untimel death, but the minimum !a$e in
effect at the time of his death. 7oreover, the RTC?s computation of aron?s life e#pectanc
rate !as not rec8oned from his a$e of (4 ears at the time of his death, but on *( ears, his
a$e !hen he !ould have $raduated from colle$e.
Ae find the considerations ta8en into account b the lo!er courts to be reasonable and full
!arranted.
;et, the Pere/as submit that the indemnit for loss of earnin$ capacit !as speculative and
unfounded.1wphi1The cited People v. Teehan8ee, 5r.,)@!here the Court deleted the
indemnit for victim 5ussi 6eino?s loss of earnin$ capacit as a pilot for bein$ speculative due
to his havin$ $raduated from hi$h school at the International School in 7anila onl t!o ears
before the shootin$, and !as at the time of the shootin$ onl enrolled in the first semester at
the 7anila ero Club to pursue his ambition to become a professional pilot. That meant,
accordin$ to the Court, that he !as for all intents and purposes onl a hi$h school $raduate.
Ae re1ect the Pere/as? submission.
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irst of all, a careful perusal of the Teehan8ee, 5r. case sho!s that the situation there of 5ussi
6eino !as not a8in to that of aron here. The C and the RTC !ere not speculatin$ that
aron !ould be some hi$hl2paid professional, li8e a pilot &or, for that matter, an en$ineer, a
phsician, or a la!er'. Instead, the computation of aron?s earnin$ capacit !as premised on
him bein$ a lo!l minimum !a$e earner despite his bein$ then enrolled at a presti$ious hi$h
school li8e Don %osco in 7a8ati, a fact that !ould have li8el ensured his success in his later
ears in life and at !or8.
nd, secondl, the fact that aron !as then !ithout a histor of earnin$s should not be ta8en
a$ainst his parents and in favor of the defendants !hose ne$li$ence not onl cost aron his
life and his ri$ht to !or8 and earn mone, but also deprived his parents of their ri$ht to his
presence and his services as !ell. Our la! itself states that the loss of the earnin$ capacit of
the deceased shall be the liabilit of the $uilt part in favor of the heirs of the deceased, and
shall in ever case be assessed and a!arded b the court Kunless the deceased on account of
permanent phsical disabilit not caused b the defendant, had no earnin$ capacit at the time
of his death.K)
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as e#penses for his medical treatment, and P),+++ as the cost of an artificial arm, or a total of
P
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"emos e#aminado mu detenidamente las pruebas presentadas en la vista,
principalmente, las declaraciones 0ue hemos acotado arriba, hernos Ile$ado a la
conclusion de 0ue el demandado ha hecho, todo cuanto estuviere de su parte para
evitar el accidente, pero sin embar$o, no ha podido evitarlo.
EI hecho de 0ue el demandado, antes del cho0ue, tuvo 0ue hacer pasar su truc8
encima de los montones de $rava 0ue estaban depositados en la orilla del camino,
sin 0ue haa ido mas alla, por el $rave ries$o 0ue corrian las vidas de sus pasa1eros,
es prueba concluente de lo 0ue tenemos dicho, a saber> 0ue el cuanto esuba de
su parte, para evitar el accidente, sin 0ue haa podidoevitardo, por estar fuera de su
control.
The evidence !ould appear to support the above findin$. Thus, it appears that %us No. )(,
immediatel prior to the collision, !as runnin$ at a moderate speed because it had 1ust stopped
at the school Bone of 7atacon$, Polan$ui, lba. The pic82up car !as at full speed and !as
runnin$ outside of its proper lane. The driver of the bus, upon seein$ the manner in !hich the
pic82up !as then runnin$, s!erved the bus to the ver e#treme ri$ht of the road until its front
and rear !heels have $one over the pile of stones or $ravel situated on the rampart of the road.
Said driver could not move the bus farther ri$ht and run over a $reater portion of the pile, the
pea8 of !hich !as about ) feet hi$h, !ithout endan$erin$ the safet of his passen$ers. nd
not!ithstandin$ all these efforts, the rear left side of the bus !as hit b the pic82up car.
Of course, this findin$ is disputed b appellant !ho cannot see ee to ee !ith the evidence
for the appellee and insists that the collision too8 place because the driver of the bus !as
$oin$ at a fast speed. "e contends that, havin$ seen that a car !as comin$ from the opposite
direction at a distance !hich allo!s the use of moderate care and prudence to avoid an
accident, and 8no!in$ that on the side of the road alon$ !hich he !as $oin$ there !as a pile
of $ravel, the driver of the bus should have stopped and !aited for the vehicle from the
opposite direction to pass, and should have proceeded onl after the other vehicle had passed.
In other !ords, accordin$ to appellant, the act of the driver of the bus in s0ueeBin$ his !a
throu$h of the bus in s0ueeBin$ his !a throu$h bet!een the oncomin$ pic82up and the pile of
$ravel under the circumstances !as considered ne$li$ent.
%ut this matter is one of credibilit and evaluation of the evidence. This is evidence. This is
the function of the trial court. The trial court has alread spo8en on this matter as !e have
pointed out above. This is also a matter of appreciation of the situation on the part of the
driver. Ahile the position ta8en b appellant appeals more to the sense of caution that one
should observe in a $iven situation to avoid an accident or mishap, such ho!ever can not
al!as be e#pected from one !ho is placed suddenl in a predicament !here he is not $iven
enou$h time to ta8e the course of action as he should under ordinar circumstances. One !ho
is placed in such a predicament cannot e#ercise such coolness or accurac of 1ud$ment as is
re0uired of him under ordinar circumstances and he cannot therefore be e#pected to observe
the same 1ud$ment, care and precaution as in the latter. or this reason, authorities abound
!here failure to observe the same de$ree of care that as ordinar prudent man !ould e#ercise
under ordinar circumstances !hen confronted !ith a sadden emer$enc !as held to be
!arranted and a 1ustification to e#empt the carrier from liabilit. Thus, it !as held that K!herea carriers emploee is confronted !ith a sudden emer$enc, the fact that he is obli$ed to act
0uic8l and !ithout a chance for deliberation must be ta8en into account, and he is held to the
some de$ree of care that he !ould other!ise be re0uired to e#ercise in the absence of such
emer$enc but must e#ercise onl such care as an ordinar prudent person !ould e#ercise
under li8e circumstances and conditions, and the failure on his part to e#ercise the best
1ud$ement the case renders possible does not establish lac8 of care and s8ill on his part !hich
renders the compan, liable. . . . &() C. 5. S., (=(* (+ C. 5.,-@+'. Considerin$ all the
circumstances, !e are persuaded to conclude that the driver of the bus has done !hat a
prudent man could have done to avoid the collision and in our opinion this relieves appellee
from le$ibilit under our la!.
circumstances !hich miliates a$ainst the stand of appellant is the fact borne out b the
evidence that !hen he boarded the bus in 0uestion, he seated himself on the left side thereof
restin$ his left arm on the !indo! sill but !ith his left elbo! outside the !indo!, this bein$
his position in the bus !hen the collision too8 place. It is for this reason that the collision
resulted in the severance of said left arm from the bod of appellant thus doin$ him a $reat
dama$e. It is therefore apparent that appellant is $uilt of contributor ne$li$ence. "ad he not
placed his left arm on the !indo! sill !ith a portion thereof protrudin$ outside, perhaps the
in1ur !ould have been avoided as is the case !ith the other passen$er. It is to be noted that
appellant !as the onl victim of the collision.
It is true that such contributor ne$li$ence cannot relieve appellee of its liabilit but !ill onl
entitle it to a reduction of the amount of dama$e caused &rticle (@*, ne! Civil Code', but
this is a circumstance !hich further militates a$ainst the position ta8en b appellant in this
case.
It is the prevailin$ rule that it is ne$li$ence per se for a passen$er on a railroad
voluntaril or inadvertentl to protrude his arm, hand, elbo!, or an other part of his
bod throu$h the !indo! of a movin$ car beond the outer ed$e of the !indo! or
outer surface of the car, so as to come in contact !ith ob1ects or obstacles near the
trac8, and that no recover can be had for an in1ur !hich but for such ne$li$ence
!ould not have been sustained. &(+ C. 5. (()-'
Plaintiff, &passen$er' !hile ridin$ on an interurban car, to flic8 the ashes, from his
ci$ar, thrust his hand over the $uard rail a sufficient distance beond the side line of
the car to brin$ it in contact !ith the trun8 of a tree standin$ beside the trac8 the
force of the blo! brea8in$ his !rist. "eld, that he !as $uilt of contributor
ne$li$ence as a matter of la!. &7ala8ia vs. Rhode Island Co.,
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CASE 03 ESTRELLITA M. BASCOS, 2et$t$&ne),
-.
COURT OF APPEALS and RODOLFO A. CIPRIANO, )e2&ndent.
S;66%GS
(. CI:I6 6A CO77ON CRRIERS DEINED TEST TO DETER7INE CO77ON
CRRIER. rticle (@)* of the Civil Code defines a common carrier as K&a' person,
corporation or firm, or association en$a$ed in the business of carrin$ or transportin$
passen$ers or $oods or both, b land, !ater or air, for compensation, offerin$ their services to
the public.K The test to determine a common carrier is K!hether the $iven underta8in$ is a part
of the business en$a$ed in b the carrier !hich he has held out to the $eneral public as his
occupation rather than the 0uantit or e#tent of the business transacted.K . . . The holdin$ of
the Court in De HuBman vs. Court of ppeals is instructive. In referrin$ to rticle (@)* of the
Civil Code, it held thus> KThe above article ma8es no distinction bet!een one !hose principal
business activit is the carrin$ of persons or $oods or both, and one !ho does such carrin$
onl as an ancillar activit &in local idiom, as a KsidelineK'. rticle (@)* also carefull avoidsma8in$ an distinction bet!een a person or enterprise offerin$ transportation service on a
re$ular or scheduled basis and one offerin$ such service on an occasional, episodic or
unscheduled basis. Neither does rticle (@)* distin$uished bet!een a carrier offerin$ its
services to the K$eneral public,K i.e., the $eneral communit or population, and one !ho offers
services or solicits business onl from a narro! se$ment of the $eneral population. Ae thin8
that rticle (@)* deliberatel refrained from ma8in$ such distinctions.K
*. ID. ID. DI6IHENCE REGIRED IN :IHI6NCE O:ER HOODS TRNSPORTED
A"EN PRESG7PTION O NEH6IHENCE RISES "OA PRESG7PTION
O:ERC7E A"EN PRESG7PTION 7DE %SO6GTE. Common carriers are
obli$ed to observe e#traordinar dili$ence in the vi$ilance over the $oods transported b them.
ccordin$l, the are presumed to have been at fault or to have acted ne$li$entl if the $oodsare lost, destroed or deteriorated. There are ver fe! instances !hen the presumption of
ne$li$ence does not attach and these instances are enumerated in rticle (@)=. In those cases
!here the presumption is applied, the common carrier must prove that it e#ercised
e#traordinar dili$ence in order to overcome the presumption . . . The presumption of
ne$li$ence !as raised a$ainst petitioner. It !as petitioners burden to overcome it. Thus,
contrar to her assertion, private respondent need not introduce an evidence to prove her
ne$li$ence. "er o!n failure to adduce sufficient proof of e#traordinar dili$ence made the
presumption conclusive a$ainst her.
). ID. ID. "I5C9INH O HOODS CRRIER PRESG7ED NEH6IHENT "OA
CRRIER %SO6:ED RO7 6I%I6IT;. In De HuBman vs. Court of ppeals, the
Court held that hi1ac8in$, not bein$ included in the provisions of rticle (@)=, must be dealt
!ith under the provisions of rticle (@)4 and thus, the common carrier is presumed to have
been at fault or ne$li$ent. To e#culpate the carrier from liabilit arisin$ from hi1ac8in$, he
must prove that the robbers or the hi1ac8ers acted !ith $rave or irresistible threat, violence, or
force. This is in accordance !ith rticle (@=4 of the Civil Code !hich provides> Krt. (@=4.
n of the follo!in$ or similar stipulations shall be considered unreasonable, un1ust and
contrar to public polic . . . &' That the common carriers liabilit for acts committed b
thieves, or of robbers !ho do not act !ith $rave or irresistible threat, violences or force, is
dispensed !ith or diminishedK In the same case, the Supreme Court also held that> KGnder
rticle (@=4 &' above, a common carrier is held responsible and !ill not be allo!ed to
divest or to diminish such responsibilit even for acts of stran$ers li8e thieves or robbers,
e#cept !here such thieves or robbers in fact acted K!ith $rave of irresistible threat, violence offorce,K Ae believe and so hold that the limits of the dut of e#traordinar dili$ence in the
vi$ilance over the $oods carried are reached !here the $oods are lost as a result of a robber
!hich is attended b K$rave or irresistible threat, violence or force.K
=. RE7EDI6 6A E:IDENCE 5GDICI6 D7ISSIONS CONC6GSI:E. In this
case, petitioner herself has made the admission that she !as in the truc8in$ business, offerin$
her truc8s to those !ith car$o to move. 5udicial admissions are conclusive and no evidence is
re0uired to prove the same.
4. ID. ID. %GRDEN O PROO RESTS AIT" PRT; A"O 66EHES CT.
Petitioner presented no other proof of the e#istence of the contract of lease. "e !ho alle$es a
fact has the burden of provin$ it.
. ID. ID. ID:ITS NOT CONSIDERED %EST E:IDENCE I INTS
:I6%6E S AITNESSES. Ahile the affidavit of 5uanito 7orden, the t ruc8 helper in
the hi1ac8ed truc8, !as presented as evidence in court, he himself !as a !itness as could be
$leaned from the contents of the petition. ffidavits are not considered the best evidence if the
affiants are available as !itnesses.
@. CI:I6 6A O%6IHTIONS ND CONTRCTS CONTRCT IS A"T 6A
DEINES IT TO %E. Hrantin$ that the said evidence !ere not self2servin$, the same !ere
not sufficient to prove that the contract !as one of lease. It must be understood that a contract
is !hat the la! defines it to be and not !hat it is called b the contractin$ parties.
D E C I S I O N
C7POS, 5R., 5 p>
This is a petition for revie! on certiorari of the decision QQ of the Court of ppeals in
KRODO6O . CIPRINO, doin$ business under the name CIPRINO TRDINH
ENTERPRISES plaintiff2appellee, vs. ESTRE66IT 7. %SCOS, doin$ business under the
name of %SCOS TRGC9INH, defendant2appellant,K C..2H.R. C: No. *4*(, the
dispositive portion of !hich is 0uoted hereunder>
KPRE7ISES considered, Ae find no reversible error in the decision appealed from, !hich ishereb affirmed in toto. Costs a$ainst appellant.K (
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The facts, as $athered b this Court, are as follo!s>
Rodolfo . Cipriano representin$ Cipriano Tradin$ Enterprise &CIPTRDE for short' entered
into a haulin$ contract * !ith 5ibfair Shippin$ $enc Corporation !hereb the former bound
itself to haul the latters *,+++ mFtons of soa bean meal from 7a$allanes Drive, Del Pan,
7anila to the !arehouse of Purefoods Corporation in Calamba, 6a$una. To carr out its
obli$ation, CIPTRDE, throu$h Rodolfo Cipriano, subcontracted !ith Estrellita %ascos
&petitioner' to transport and to deliver =++ sac8s of soa bean meal !orth P(4,=+=.++ from
the 7anila Port rea to Calamba, 6a$una at the rate of P4+.++ per metric ton. Petitioner failed
to deliver the said car$o. s a conse0uence of that failure, Cipriano paid 5ibfair Shippin$
$enc the amount of the lost $oods in accordance !ith the contract !hich stated that>
K(. CIPTRDE shall be held liable and ans!erable for an loss in ba$s due to theft, hi1ac8in$
and non2deliver or dama$es to the car$o durin$ transport at mar8et value, . . .K )
Cipriano demanded reimbursement from petitioner but the latter refused to pa. Eventuall,
Cipriano filed a complaint for a sum of mone and dama$es !ith !rit of preliminar
attachment = for breach of a contract of carria$e. The praer for a Arit of Preliminar
ttachment !as supported b an affidavit 4 !hich contained the follo!in$ alle$ations>
K=. That this action is one of those specificall mentioned in Sec. (, Rule 4@ the Rules ofCourt, !hereb a !rit of preliminar attachment ma la!full issue, namel>
K&e' in an action a$ainst a part !ho has removed or disposed of his propert, or is about to do
so, !ith intent to defraud his creditorsK
4. That there is no sufficient securit for the claim sou$ht to be enforced b the present action
. That the amount due to the plaintiff in the above2entitled case is above all le$al
counterclaimsK
The trial court $ranted the !rit of preliminar attachment on ebruar (@, (- that there !as no contract of
carria$e since CIPTRDE leased her car$o truc8 to load the car$o from 7anila Port rea to
6a$una that CIPTRDE !as liable to petitioner in the amount of P((,+++.++ for loadin$ the
car$o that the truc8 carrin$ the car$o !as hi1ac8ed alon$ Canoni$o St., Paco, 7anila on the
ni$ht of October *(, (-
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trial courts decision that petitioner !as a common carrier, 7oreover, both courts appreciated
the follo!in$ pieces of evidence as indicators that petitioner !as a common carrier> the fact
that the truc8 driver of petitioner, 7a#imo San$la, received the car$o consistin$ of =++ ba$s
of soa bean meal as evidenced b a car$o receipt si$ned b 7a#imo San$la the fact that the
truc8 helper, 5uanito 7orden, !as also an emploee of petitioner and the fact that control of
the car$o !as placed in petitioners care.
In disputin$ the conclusion of the trial and appellate courts that petitioner !as a common
carrier, she alle$ed in this petition that the contract bet!een her and Rodolfo . Cipriano,
representin$ CIPTRDE, !as lease of the truc8. She cited as evidence certain affidavits !hich
referred to the contract as KleaseK. These affidavits !ere made b 5esus %ascos < and b
petitioner herself. - She further averred that 5esus %ascos confirmed in his testimon his
statement that the contract !as a lease contract. (+ She also stated that> she !as not caterin$ to
the $eneral public. Thus, in her ans!er to the amended complaint, she said that she does
business under the same stle of .7. %ascos Truc8in$, offerin$ her t ruc8s for lease to those
!ho have car$o to move, not to the $eneral public but to a fe! customers onl in vie! of the
fact that it is onl a small business. ((
Ae a$ree !ith the respondent Court in its findin$ that petitioner is a common carrier.
rticle (@)* of the Civil Code defines a common carrier as K&a' person, corporation or firm, or
association en$a$ed in the business of carrin$ or transportin$ passen$ers or $oods or both, b
land, !ater or air, for compensation, offerin$ their services to the public.K The test to
determine a common carrier is K!hether the $iven underta8in$ is a part of the business
en$a$ed in b the carrier !hich he has held out to the $eneral public as his occupation rather
than the 0uantit or e#tent of the business transacted.K (* In this case, petitioner herself has
made the admission that she !as in the truc8in$ business, offerin$ her truc8s to those !ith
car$o to move. 5udicial admissions are conclusive and no evidence is re0uired to prove the
same. ()
%ut petitioner ar$ues that there !as onl a contract of lease because the offer their services
onl to a select $roup of people and because the private respondents, plaintiffs in the lo!er
court, did not ob1ect to the presentation of affidavits b petitioner !here the transaction !as
referred to as a lease contract.
Re$ardin$ the first contention, the holdin$ of the Court in De HuBman vs. Court of ppeals (=
is instructive. In referrin$ to rticle (@)* of the Civil Code, it held thus>
KThe above article ma8es no distinction bet!een one !hose principal business activit is the
carrin$ of persons or $oods or both, and one !ho does such carrin$ onl as an ancillar
activit &in local idiom, as a KsidelineK'. rticle (@)* also carefull avoids ma8in$ an
distinction bet!een a person or enterprise offerin$ transportation service on a re$ular or
scheduled basis and one offerin$ such service on an occasional, episodic or unscheduled basis.
Neither does rticle (@)* distin$uish bet!een a carrier offerin$ its services to the K$eneral
public,K i.e., the $eneral communit or population, and one !ho offers services or solicits
business onl from a narro! se$ment of the $eneral population. Ae thin8 that rticle (@)*
deliberatel refrained from ma8in$ such distinctions.K
Re$ardin$ the affidavits presented b petitioner to the court, both the trial and appellate courts
have dismissed them as self2servin$ and petitioner contests the conclusion. Ae are bound b
the appellate courts factual conclusions. ;et, $rantin$ that the said evidence !ere not self2
servin$, the same !ere not sufficient to prove that the contract !as one of lease. It must be
understood that a contract is !hat the la! defines it to be and not !hat it is called b the
contractin$ parties. (4 urthermore, petitioner presented no other proof of the e#istence of the
contract of lease. "e !ho alle$es a fact has the burden of provin$ it. (
6i8e!ise, Ae affirm the holdin$ of the respondent court that the loss of the $oods !as not due
to force ma1eure.
Common carriers are obli$ed to observe e#traordinar dili$ence in the vi$ilance over the
$oods transported b them. (@ ccordin$l, the are presumed to have been at fault or to have
acted ne$li$entl if the $oods are lost, destroed or deteriorated. (< There are ver fe!
instances !hen the presumption of ne$li$ence does not attach and these instances are
enumerated in rticle (@)=. (- In those cases !here the presumption is applied, the common
carrier must prove that it e#ercised e#traordinar dili$ence in order to overcome the
presumption.
In this case, petitioner alle$ed that hi1ac8in$ constituted force ma1eure !hich e#culpated her
from liabilit for the loss of the car$o. In De HuBman vs. Court of ppeals, *+ the Court held
that hi1ac8in$, not bein$ included in the provisions of rticle (@)=, must be dealt !ith under
the provisions of rticle (@)4 and thus, the common carrier is presumed to have been at fault
or ne$li$ent. To e#culpate the carrier from liabilit arisin$ from hi1ac8in$, he must prove that
the robbers or the hi1ac8ers acted !ith $rave or irresistible threat, violence, or force. This is in
accordance !ith rticle (@=4 of the Civil Code !hich provides>
Krt. (@=4. n of the follo!in$ or similar stipulations shall be considered unreasonable,
un1ust and contrar to public polic
### ### ###
&' That the common carriers liabilit for acts committed b thieves, or of robbers !ho do not
act !ith $rave or irresistible threat, violences or force, is dispensed !ith or diminishedK
In the same case, *( the Supreme Court also held that>
KGnder rticle (@=4 &' above, a common carrier is held responsible and !ill not be
allo!ed to divest or to diminish such responsibilit even for acts of stran$ers li8e thieves or
robbers e#cept !here such thieves or robbers in fact acted !ith $rave or irresistible threat,
violence or force. Ae believe and so hold that the limits of the dut of e#traordinar dili$ence
in the vi$ilance over the $oods carried are reached !here the $oods are lost as a result of arobber !hich is attended b K$rave or i rresistible threat, violence or force.K
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To establish $rave and irresistible force, petitioner presented her accusator affidavit, ** 5esus
%ascos affidavit, *) and 5uanito 7ordens *= KSalasaK. "o!ever, both the trial court and
the Court of ppeals have concluded that these affidavits !ere not enou$h to overcome the
presumption. Petitioners affidavit about the hi1ac8in$ !as based on !hat had been told her b
5uanito 7orden. It !as not a first2hand account. Ahile it had been admitted in court for lac8 of
ob1ection on the part of private respondent, the respondent Court had discretion in assi$nin$
!ei$ht to such evidence. Ae are bound b the conclusion of the appellate court. In a petition
for revie! on certiorari, Ae are not to determine the probative value of evidence but to resolve
0uestions of la!. Secondl, the affidavit of 5esus %ascos did not d!ell on ho! the hi1ac8in$
too8 place. Thirdl, !hile the affidavit of 5uanito 7orden, the truc8 helper in the hi1ac8edtruc8, !as presented as evidence in court, he himself !as a !itness as could be $leaned from
the contents of the petition. ffidavits are not considered the best evidence if the affiants are
available as !itnesses. *4 The subse0uent filin$ of the information for carnappin$ and robber
a$ainst the accused named in said affidavits did not necessaril mean that the contents of the
affidavits !ere true because the !ere et to be determined in the trial of the criminal cases.
The presumption of ne$li$ence !as raised a$ainst petitioner. It !as petitioners burden to
overcome it. Thus, contrar to her assertion, private respondent need not introduce an
evidence to prove her ne$li$ence. "er o!n failure to adduce sufficient proof of e#traordinar
dili$ence made the presumption conclusive a$ainst her.
"avin$ affirmed the findin$s of the respondent Court on the substantial issues involved, Aefind no reason to disturb the conclusion that the motion to liftFdissolve the !rit of preliminar
attachment has been rendered moot and academic b the decision on the merits.
In the li$ht of the fore$oin$ analsis, it is Our opinion that the petitioners claim cannot be
sustained. The petition is DIS7ISSED and the decision of the Court of ppeals is hereb
IR7ED. SO ORDERED.
CASE 07 LI5HT RAIL TRANSIT AUTHORITY 8 RODOLFO ROMAN,petitioners,
vs. MAR9ORIE NA:IDAD, He$) &' the Late NICANOR NA:IDAD 8
PRUDENT SECURITY A5ENCY, respondents.
D E C I S I O N
:ITU5, 9.6
The case before the Court is an appeal from the decision and resolution of the Court of
ppeals, promul$ated on *@ pril *+++ and (+ October *+++, respectivel, in C2H.R. C:
No. +@*+, entitled 7ar1orie Navidad and "eirs of the 6ate Nicanor Navidad vs. Rodolfo
Roman, et. al., !hich has modified the decision of (( u$ust (--< of the Re$ional Trial Court,
%ranch *, Pasi$ Cit, e#oneratin$ Prudent Securit $enc &Prudent' from liabilit and
findin$ 6i$ht Rail Transit uthorit &6RT' and Rodolfo Roman liable for dama$es onaccount of the death of Nicanor Navidad.
On (= October (--), about half an hour past seven ocloc8 in the evenin$, Nicanor
Navidad, then drun8, entered the EDS 6RT station after purchasin$ a to8en &representin$
pament of the fare'. Ahile Navidad !as standin$ on the platform near the 6RT trac8s,
5unelito Escartin, the securit $uard assi$ned to the area approached Navidad.
misunderstandin$ or an altercation bet!een the t!o apparentl ensued that led to a fist
fi$ht. No evidence, ho!ever, !as adduced to indicate ho! the fi$ht started or !ho, bet!een
the t!o, delivered the first blo! or ho! Navidad later fell on the 6RT trac8s. t the e#act
moment that Navidad fell, an 6RT train, operated b petitioner Rodolfo Roman, !as comin$
in. Navidad !as struc8 b the movin$ train, and he !as 8illed instantaneousl.
On +< December (--=, the !ido! of Nicanor, herein respondent 7ar1orie Navidad,
alon$ !ith her children, filed a complaint for dama$es a$ainst 5unelito Escartin, Rodolfo
Roman, the 6RT, the 7etro Transit Or$aniBation, Inc. &7etro Transit', and Prudent for the
death of her husband. 6RT and Roman filed a counterclaim a$ainst Navidad and a cross2
claim a$ainst Escartin and Prudent. Prudent, in its ans!er, denied liabilit and averred that it
had e#ercised due dili$ence in the selection and supervision of its securit $uards.
The 6RT and Roman presented their evidence !hile Prudent and Escartin, instead of
presentin$ evidence, filed a demurrer contendin$ that Navidad had failed to prove that
Escartin !as ne$li$ent in his assi$ned tas8. On (( u$ust (--
A"EREORE, 1ud$ment is hereb rendered in favor of the plaintiffs and a$ainst the
defendants Prudent Securit and 5unelito Escartin orderin$ the latter to pa 1ointl and
severall the plaintiffs the follo!in$>
a' (' ctual dama$es of P==,
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Nicanor Navidad and, instead, holdin$ the 6RT and Roman 1ointl and severall liable
thusl>
A"EREORE, the assailed 1ud$ment is hereb MODIFIED, b e#oneratin$ the appellants
from an liabilit for the death of Nicanor Navidad, 5r. Instead, appellees Rodolfo Roman and
the 6i$ht Rail Transit uthorit &6RT' are held liable for his death and are hereb directed to
pa 1ointl and severall to the plaintiffs2appellees, the follo!in$ amounts>
a' P==,
I.
T"E "ONOR%6E COGRT O PPE6S HR:E6; ERRED %; DISREHRDINH T"E
INDINHS O CTS %; T"E TRI6 COGRT
II.
T"E "ONOR%6E COGRT O PPE6S HR:E6; ERRED IN INDINH T"T
PETITIONERS RE 6I%6E OR T"E DET" O NICNOR N:IDD, 5R.
III.
T"E "ONOR%6E COGRT O PPE6S HR:E6; ERRED IN INDINH T"T
RODO6O RO7N IS N E7P6O;EE O 6RT.)U
Petitioners !ould contend that the appellate court i$nored the evidence and the factual
findin$s of the trial court b holdin$ them liable on the basis of a s!eepin$ conclusion that the
presumption of ne$li$ence on the part of a common carrier !as not overcome. Petitioners
!ould insist that Escartins assault upon Navidad, !hich caused the latter to fall on the trac8s,!as an act of a stran$er that could not have been foreseen or prevented. The 6RT !ould add
that the appellate courts conclusion on the e#istence of an emploer2emploee relationship
bet!een Roman and 6RT lac8ed basis because Roman himself had testified bein$ an
emploee of 7etro Transit and not of the 6RT.
Respondents, supportin$ the decision of the appellate court, contended that a contract of
carria$e !as deemed created from the moment Navidad paid the fare at the 6RT station and
entered the premises of the latter, entitlin$ Navidad to all the ri$hts and protection under a
contractual relation, and that the appellate court had correctl held 6RT and Roman liable for
the death of Navidad in failin$ to e#ercise e#traordinar dili$ence imposed upon a common
carrier.
6a! and 1urisprudence dictate that a common carrier, both from the nature of its
business and for reasons of public polic, is burdened !ith the dut of e#ercisin$ utmost
dili$ence in ensurin$ the safet of passen$ers. =UThe Civil Code, $overnin$ the liabilit of a
common carrier for death of or in1ur to its passen$ers, provides>
rticle (@44. common carrier is bound to carr the passen$ers safel as far as human care
and foresi$ht can provide, usin$ the utmost dili$ence of ver cautious persons, !ith a due
re$ard for all the circumstances.
rticle (@4. In case of death of or in1uries to passen$ers, common carriers are presumed to
have been at fault or to have acted ne$li$entl, unless the prove that the observed
e#traordinar dili$ence as prescribed in articles (@)) and (@44.
rticle (@4-. Common carriers are liable for the death of or in1uries to passen$ers throu$h the
ne$li$ence or !illful acts of the formers emploees, althou$h such emploees ma have acted
beond the scope of their authorit or in violation of the orders of the common carriers.
This liabilit of the common carriers does not cease upon proof that the e#ercised all the
dili$ence of a $ood father of a famil in the selection and supervision of their emploees.
rticle (@). common carrier is responsible for in1uries suffered b a passen$er on account
of the !illful acts or ne$li$ence of other passen$ers or of stran$ers, if the common carriers
emploees throu$h the e#ercise of the dili$ence of a $ood father of a famil could have
prevented or stopped the act or omission.
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The la! re0uires common carriers to carr passen$ers safel usin$ the utmost dili$ence
of ver cautious persons !ith due re$ard for all circumstances. 4USuch dut of a common
carrier to provide safet to its passen$ers so obli$ates it not onl durin$ the course of the trip
but for so lon$ as the passen$ers are !ithin its premises and !here the ou$ht to be in
pursuance to the contract of carria$e.UThe statutor provisions render a common carrier
liable for death of or in1ur to passen$ers &a' throu$h the ne%#$%en!e &) ;$#'"# a!t &' $t
e/2#&ee or < &n a!!&"nt &' ;$#'"# a!t &) ne%#$%en!e &' &the) 2aen%e) &) &'
t)an%e)$' the !&//&n !a))$e) e/2#&ee th)&"%h the e4e)!$e &' d"e d$#$%en!e !&"#d
ha-e 2)e-ented &) t&22ed the a!t &) &/$$&n.@UIn case of such death or in1ur, a carrier is
presumed to have been at fault or been ne$li$ent, and
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!ere done under sedation. "er confinement in the hospital lasted from u$ust *) toSeptember @, (-
&(' P4+,+++.++ as actual and compensator dama$es
&*' P4+,+++.++ as moral dama$es
&)' P(+,+++.++ as attornes fees and
&=' P(,+++.++ as e#penses of liti$ation and
&4' to pa the costs.
SO ORDERED.
"ence, this petition. Petitioner contends that the rulin$ in Civil Case No. )=-+ that thene$li$ence of :erena !as the pro#imate cause of the accident ne$ates his liabilit and that to
rule other!ise !ould be to ma8e the common carrier an insurer of the safet of its passen$ers."e contends that the bumpin$ of the 1eepne b the truc8 o!ned b Salva !as a caso fortuito.Petitioner further assails the a!ard of moral dama$es to Sun$a on the $round that it is notsupported b evidence.
The petition has no merit.
The ar$ument that Sun$a is bound b the rulin$ in Civil Case No. )=-+ findin$ the driver andthe o!ner of the truc8 liable for 0uasi2delict i$nores the fact that she !as never a part to that
case and, therefore, the principle ofres juicatadoes not appl.
Nor are the issues in Civil Case No. )=-+ and in the present case the same. The issue in CivilCase No. )=-+ !as !hether Salva and his driver :erena !ere liable for 0uasi2delict for thedama$e caused to petitioners 1eepne. On the other hand, the issue in this case is !hether
petitioner is liable on his contract of carria$e. Thefirst, 0uasi2delict, also 8no!n as culpa
aquiliana or culpa e"tra contractual, has as its source the ne$li$ence of the tortfeasor.
Thesecon, breach of contract or culpa contractual, is premised upon the ne$li$ence in theperformance of a contractual obli$ation.
Conse0uentl, in 0uasi2delict, the ne$li$ence or fault should be clearl established because itis the basis of the action, !hereas in breach of contract, the action can be prosecuted merel
b provin$ the e#istence of the contract and the fact that the obli$or, in this case the commoncarrier, failed to transport his passen$er safel to his destination.*In case of death or in1uries to
passen$ers, rt. (@4 of the Civil Code provides that common carriers are presumed to havebeen at fault or to have acted ne$li$entl unless the prove that the observed e#traordinardili$ence as defined in rts. (@)) and (@44 of the Code. This provision necessaril shifts tothe common carrier the burden of proof.
There is, thus, no basis for the contention that the rulin$ in Civil Case No. )=-+, findin$ Salva
and his driver :erena liable for the dama$e to petitioners 1eepne, should be bindin$ onSun$a. It is immaterial that the pro#imate cause of the collision bet!een the 1eepne and thetruc8 !as the ne$li$ence of the truc8 driver. The doctrine of pro#imate cause is applicableonl in actions for 0uasi2delict, not in actions involvin$ breach of contract. The doctrine is adevice for imputin$ liabilit to a person !here there is no relation bet!een him and another
part. In such a case, the obli$ation is created b la! itself. %ut, !here there is a pre2e#istin$contractual relation bet!een the parties, it is the parties themselves !ho create the obli$ation,and the function of the la! is merel to re$ulate the relation thus created. Insofar as contractsof carria$e are concerned, some aspects re$ulated b the Civil Code are those respectin$ the
dili$ence re0uired of common carriers !ith re$ard to the safet of passen$ers as !ell as thepresumption of ne$li$ence in cases of death or in1ur to passen$ers. It provides>
rt. (@)). Common carriers, from the nature of their business and for
reasons of public polic, are bound to observe e#traordinar dili$ence inthe vi$ilance over the $oods and for the safet of the passen$erstransported b them, accordin$ to all the circumstances of each case.
Such e#traordinar dili$ence in the vi$ilance over the $oods is further
e#pressed in articles (@)=, (@)4, and (@=, Nos. 4, , and @, !hile thee#traordinar dili$ence for the safet of the passen$ers is further set forthin articles (@44 and (@4.
rt. (@44. common carrier is bound to carr the passen$ers safel as faras human care and foresi$ht can provide, usin$ the utmost dili$ence ofver cautious persons, !ith due re$ard for all the circumstances.
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rt. (@4. In case of death of or in1uries to passen$ers, common carriersare presumed to have been at fault or to have acted ne$li$entl, unless the
prove that the observed e#traordinar dili$ence as prescribed b articles(@)) and (@44.
In the case at bar, upon the happenin$ of the accident, the presumption of ne$li$ence at oncearose, and it became the dut of petitioner to prove that he had to observe e#traordinardili$ence in the care of his passen$ers.
No!, did the driver of 1eepne carr Sun$a Ksafel as far as human care and foresi$ht couldprovide, usin$ the utmost dili$ence of ver cautious persons, !ith due re$ard for all the
circumstancesK as re0uired b rt. (@44 Ae do not thin8 so. Several factors militate a$ainstpetitioners contention.
#irst, as found b the Court of ppeals, the 1eepne !as not properl par8ed, its rear portionbein$ e#posed about t!o meters from the broad shoulders of the hi$h!a, and facin$ themiddle of the hi$h!a in a dia$onal an$le. This is a violation of the R.. No. =(), asamended, or the 6and Transportation and Traffic Code, !hich provides>
Sec. 4=. $%struction of &raffic. No person shall drive his motor vehicle
in such a manner as to obstruct or impede the passa$e of an vehicle, nor,!hile dischar$in$ or ta8in$ on passen$ers or loadin$ or unloadin$ frei$ht,obstruct the free passa$e of other vehicles on the hi$h!a.
Secon, it is undisputed that petitioners driver too8 in more passen$ers than the allo!edseatin$ capacit of the 1eepne, a violation of V)*&a' of the same la!. It provides>
'"ceein! re!istere capacit(. No person operatin$ an motor vehicleshall allo! more passen$ers or more frei$ht or car$o in his vehicle than its
re$istered capacit.
The fact that Sun$a !as seated in an Ke#tension seatK placed her in a peril $reater than that to!hich the other passen$ers !ere e#posed. Therefore, not onl !as petitioner unable toovercome the presumption of ne$li$ence imposed on him for the in1ur sustained b Sun$a,
but also, the evidence sho!s he !as actuall ne$li$ent in transportin$ passen$ers.
Ae find it hard to $ive serious thou$ht to petitioners contention that Sun$as ta8in$ anKe#tension seatK amounted to an implied assumption of ris8. It is a8in to ar$uin$ that the
in1uries to the man victims of the tra$edies in our seas should not be compensated merelbecause those passen$ers assumed a $reater ris8 of dro!nin$ b boardin$ an overloaded ferr.This is also true of petitioners contention that the 1eepne bein$ bumped !hile it !asimproperl par8ed constitutes caso fortuito. caso fortuitois an event !hich could not beforeseen, or !hich, thou$h foreseen, !as inevitable.)This re0uires that the follo!in$
re0uirements be present> &a' the cause of the breach is independent of the debtors !ill &b' theevent is unforeseeable or unavoidable &c' the event is such as to render it impossible for thedebtor to fulfill his obli$ation in a normal manner, and &d' the debtor did not ta8e part incausin$ the in1ur to the
creditor.=Petitioner should have foreseen the dan$er of par8in$ his 1eepne !ith its bodprotrudin$ t!o meters into the hi$h!a.
inall, petitioner challen$es the a!ard of moral dama$es alle$in$ that it is e#cessive and!ithout basis in la!. Ae find this contention !ell ta8en.
In a!ardin$ moral dama$es, the Court of ppeals stated>
Plaintiff2appellant at the time of the accident !as a first2ear colle$estudent in that school ear (- &(' in cases in !hich the mishapresults in the death of a passen$er, as provided in rt. (@=, in relation to rt. **+&)' of theCivil Code and &*' in the cases in !hich the carrier is $uilt of fraud or bad faith, as providedin rt. ***+.
In this case, there is no le$al basis for a!ardin$ moral dama$es since there !as no factualfindin$ b the appellate court that petitioner acted in bad faith in the performance of the
contract of carria$e. Sun$as contention that petitioners admission in open court that the driverof the 1eepne failed to assist her in $oin$ to a nearb hospital cannot be construed as anadmission of bad faith. The fact that it !as the driver of the IsuBu truc8 !ho too8 her to thehospital does not impl that petitioner !as utterl indifferent to the pli$ht of his in1ured
passen$er. If at all, it is merel implied reco$nition b :erena that he !as the one at fault forthe accident.
A"EREORE, the decision of the Court of ppeals, dated 7arch )(, (--4, and its resolution,dated September ((, (--4, are IR7ED, !ith the 7ODIICTION that the a!ard ofmoral dama$es is DE6ETED.
SO ORDERED.
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CASE 0> He)/$n$& Ma)$an& -. I#de'&n& Ca##e+a, 5.R. N&. 1>>>70, 9"# 31, 00?
PUNO, C.J.>
On appeal are the Decision @1and Resolution@of the Court of ppeals in C2H.R.C: No.
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dama$es to plaintiff2appellee "erminio E. 7ariano, 5r., is RE:ERSEDand SET SIDE and another one entered absolvin$ them from an
liabilit for the death o f Dr. relinda Car$o 7ariano.@?
The appellate court also denied the motion for reconsideration filed b petitioner.
"ence, this appeal, relin$ on the follo!in$ $round>
T"E DECISION O T"E "ONOR%6E COGRT O PPE6S,
SPECI6 OGRTEENT" DI:ISION IS NOT IN CCORD AIT" T"ECTG6 %SIS O T"E CSE.@10
The follo!in$ are the provisions of the Civil Code pertinent to the case at bar>
RT. (@)). Common carriers, from the nature of their businessand for reasons of public polic, are bound to observe e#traordinardili$ence in the vi$ilance over the $oods and for the safet of the
passen$ers transported b them, accordin$ to all the circumstances of eachcase.
RT. (@44. common carrier is bound to carr the passen$erssafel as far as human care and foresi$ht can provide, usin$ the utmostdili$ence of ver cautious persons, !ith a due re$ard for all the
circumstances.RT. (@4. In case of death of or in1uries to passen$ers,
common carriers are presumed to have been at fault or to have actedne$li$entl, unless the prove that the observed e#traordinar dili$ence
as prescribed in articles (@)) and (@44.
In accord !ith the above provisions, Celrosa E#press, a common carrier, throu$hits driver, respondent De %or1a, and its re$istered o!ner, respondent Calle1as, has the e#press
obli$ation to carr the passen$ers safel as far as human care and foresi$ht can provide, usin$the utmost dili$ence of ver cautious persons, !ith a due re$ard for all the circumstances,@11and to observe e#traordinar dili$ence in the dischar$e of its dut. The death of the !ife ofthe petitioner in the course of transportin$ her to her destination $ave rise to the presumption
of ne$li$ence of the carrier. To overcome the presumption, respondents have to sho! that theobserved e#traordinar dili$ence in the dischar$e of their dut, or that the accident !as caused
b a fortuitous event.
This Court interpreted the above 0uoted provisions in P$#a2$# -. C&")t &' A22ea#.@1Ae elucidated>
Ahile the la! re0uires the hi$hest de$ree of dili$ence from
common carriers in the safe transport of their passen$ers and creates apresumption of ne$li$ence a$ainst them, $t d&e n&t, h&;e-e), /ae the!a))$e) an $n")e) &' the a"te a'et &' $t 2aen%e).
rticle (@44 of the Civil Code 0ualifies the dut of
e#traordinar care, vi$ilance and precaution in the carria$e of passen$ersb common carriers to onl such as human care and foresi$ht can provide.
Ahat constitutes compliance !ith said dut is ad1ud$ed !ith due re$ard toall the circumstances.
rticle (@4 of the Civil Code, in creatin$ a presumption offault or ne$li$ence on the part of the common carrier !hen its passen$er isin1ured, merel relieves the latter, for the time bein$, from introducin$
evidence to fasten the ne$li$ence on the former, because the presumptionstands in the place of evidence. Be$n% a /e)e 2)e"/2t$&n, h&;e-e), thea/e $ )e"tta#e 2)&&' that the !&//&n !a))$e) had e4e)!$ed
e4t)a&)d$na) d$#$%en!e a )e"$)ed #a; $n the 2e)'&)/an!e &' $t
!&nt)a!t"a# $%at$&n, &) that the $n+") "''e)ed the 2aen%e)
;a e# d"e t& a '&)t"$t&" e-ent.
In fine, !e can onl infer from the la! the intention of the CodeCommission and Con$ress to curb the rec8lessness of drivers and
operators of common carriers in the conduct of their business.
Th", $t $ !#ea) that ne$the) the #a; n&) the nat")e &' the
"$ne &' a t)an2&)tat$&n !&/2an /ae $t an $n")e) &' the
2aen%e) a'et, but that its liabilit for personal in1uries sustained bits passen$er rests upon its ne$li$ence, its failure to e#ercise the de$ree ofdili$ence that the la! re0uires.
In the case at bar, petitioner cannot succeed in his contention that respondents failedto overcome the presumption of ne$li$ence a$ainst them. The totalit of evidence sho!s thatthe death of petitioners spouse !as caused b the rec8less ne$li$ence of the driver of the IsuBu
trailer truc8 !hich lost its bra8es and bumped the Celrosa E#press bus, o!ned and operatedb respondents.
irst, !e advert to the s8etch prepared b PO) 7a$no S. de :illa, !ho investi$ated
the accident. The s8etch@13sho!s the passen$er bus facin$ the direction of Ta$ata Cit andlin$ on its ri$ht side on the shoulder of the road, about five meters a!a from the point ofimpact. On the other hand, the trailer truc8 !as on the opposite direction, about 4++ metersa!a from the point of impact. PO) De :illa stated that he intervie!ed De %or1a, respondent
driver of the passen$er bus, !ho said that he !as about to unload some passen$ers !hen hisbus !as bumped b the driver of the trailer truc8 that lost its bra8es. PO) De :illa chec8ed outthe trailer truc8 and found that its bra8es reall failed."e testified before the trial court, asfollo!s>
TT;. ESTE6;DI3>
0 ;ou pointed to the IsuBu truc8 beond the point of impact. Did ouinvesti$ate !h did )sic* the IsuBu truc8 is beond the point of
impact
a %ecause the truc8 has no bra8es.
COGRT>
0 Ahat is the distance bet!een that circle !hich is mar8ed as E#h. (2c tothe place !here ou found the same
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a 7ore or less 4++ meters.
0 Ah did ou sa that the truc8 has no bra8es
a I tested it.
0 nd ou found no bra8es
a ;es, sir.
# # #
0 Ahen ou !ent to the scene of accident, !hat !as the position ofCelrosa bus
a It !as lin$ on its side.
COGRT>
0 Ri$ht side or left side
a Ri$ht side.
TT;. ESTE6;DI3>
0 On !hat part of the road !as it lin$
a On the shoulder of the road.
COGRT>
0 "o! man meters from the point of impact
a Near, about 4 meters.@17
"is police report bolsters his testimon and states>
Said vehicle ( passen$er busU !as runnin$ from 7anila to!ard
south direction !hen, in the course of its travel, it !as hit and bumped bvehicle * truc8 !ith trailerU then runnin$ fast from opposite direction,causin$ said vehicle ( to fall on its side on the road shoulder, causin$ the
death of one and in1uries of some passen$ers thereof, and its dama$e, aftercollission )sic*, vehicle * continiousl )sic* ran and s topped at
appro#imatel 4++ meters a!a from the piont )sic* of impact.@1=
In fine, the evidence sho!s that before the collision, the passen$er bus !as cruisin$ on its
ri$htful lane alon$ the $uinaldo "i$h!a !hen the trailer truc8 comin$ from the oppositedirection, on full speed, suddenl s!erved and encroached on its lane, and bumped the
passen$er bus on its left middle portion. Respondent driver De %or1a had ever ri$ht to e#pectthat the trailer truc8 comin$ from the opposite direction !ould sta on its proper lane. "e !as
not e#pected to 8no! that the trailer truc8 had lost its bra8es. The s!ervin$ of the trailer truc8!as abrupt and it !as runnin$ on a fast speed as it !as found 4++ meters a!a from the pointof collision. Secondl, an doubt as to the culpabilit of the driver of the trailer truc8 ou$ht to
vanish !hen he pleaded $uilt to the char$e of rec8less imprudence resultin$ to multiple sli$ht
phsical in1uries and dama$e to propert in Criminal Case No. ***)2-*, involvin$ the sameincident.
IN :IEW WHEREOF, the petition is DENIED. The Decision dated 7a *(, *++=and the Resolution dated 5anuar @, *++4 of the Court of ppeals in C2H.R. C: No.
On September =, (-@
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hatch of the vessel !hich !as flooded !ith !ater about one foot deep that the !aterentered the hatch !hen the vessel encountered heav !eather enroute to 7anila
&E#hibits H, *, *, *%2RaBon' that upon re0uest, a surve of bad order car$o !asconducted at the pier in the presence of the representatives of the consi$nee and thedefendant E. RaBon, Inc. and it !as found that seven coils !ere rust on one sideeach &E#hibits and (+2RaBon' that upon surve conducted at the consi$nees!arehouse it !as found that the K!ettin$ &of the car$o' !as caused b fresh !aterK
that entered the hatch !hen the vessel encountered heav !eather enroute to 7anila&p. ), E#hibit H' and that all thirteen coils !ere e#tremel rust and totallunsuitable for the intended purpose &p. ), E#hibit H', &pp. *(@2*(
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rt. (@)4. In all cases other than those mentioned in Nos. (, *, ), =, and 4of the precedin$ article, if the $oods are lost, destroed or deteriorated,
common carriers are presumed to have been at fault or to have actedne$li$entl, unless the prove that the observed e#traordinar dili$enceas re0uired in article (@)).
Since the carrier has failed to establish an caso fortuito, the presumption b la! offault or ne$li$ence on the part of the carrier applies and the carrier must presentevidence that it has observed the e#traordinar dili$ence re0uired b rticle (@)) of
the Civil Code in order to escape liabilit for dama$e or destruction to the $oods thatit had admittedl carried in this case. No such evidence e#ists of record. Thus, thecarrier cannot escape liabilit.
The Court a$rees !ith and is bound b the fore$oin$ findin$s of fact made b the appellatecourt. The presumption, therefore, that the car$o !as in apparent $ood condition !hen it !asdelivered b the vessel to the arrastre operator b the clean tall sheets has been overturned
and traversed. The evidence is clear to the effect that the dama$e to the car$o !as suffered!hile aboard petitioners vessel.
The last assi$ned error is untenable. The interest due on the amount of the 1ud$ment shouldcommence from the date of 1udicial demand.
A"EREORE, the petition is DIS7ISSED, !ith costs a$ainst petitioner.SO ORDERED.
CASE 0 PHILIPPINE CHARTER INSURANCE CORPORATION,petitioner,
vs. UNGNOWN OWNER OF THE :ESSEL M: NATIONAL HONOR,
NATIONAL SHIPPIN5 CORPORATION OF THE PHILIPPINES and
INTERNATIONAL CONTAINER SER:ICES, INC., respondents.
D E C I S I O N
CALLE9O, SR.,J.6
This is a petition for revie! under Rule =4 of the (--@ Revised Rules of Civil Procedure
assailin$ the Decision(Udated 5anuar (-, *++= of the Court of ppeals &C' in C2H.R. C:
No. 4@)4@ !hich affirmed the Decision dated ebruar (@, (--@ of the Re$ional Trial Court
&RTC' of 7anila, %ranch )@, in Civil Case No. -42@)))
(*. This %ill of 6adin$ shall beprima facie evidence of the receipt of the Carrier in
apparent $ood order and condition e#cept as, other!ise, noted of the total number of
Containers or other pac8a$es or units enumerated overleaf. Proof to the contrar shall be
admissible !hen this %ill of 6adin$ has been transferred to a third part actin$ in $ood faith.
No representation is made b the Carrier as to the !ei$ht, contents, measure, 0uantit, 0ualit,
description, condition, mar8s, numbers, or value of the Hoods and the Carrier shall be under
no responsibilit !hatsoever in respect of such description or particulars.
(). The shipper, !hether principal or a$ent, represents and !arrants that the $oods are
properl described, mar8ed, secured, and pac8ed and ma be handled in ordinar course
!ithout dama$e to the $oods, ship, or propert or persons and $uarantees the correctness of
the particulars, !ei$ht or each piece or pac8a$e and description of the $oods and a$rees to
ascertain and to disclose in !ritin$ on shipment, an condition, nature, 0ualit, in$redient or
characteristic that ma cause dama$e, in1ur or detriment to the $oods, other propert, the ship
or to persons, and for the failure to do so the shipper a$rees to be liable for and full
indemnif the carrier and hold it harmless in respect of an in1ur or death of an person and
loss or dama$e to car$o or propert. The carrier shall be responsible as to the correctness of
an such mar8, descriptions or representations.=U
The shipment !as contained in t!o !ooden crates, namel, Crate No. ( and Crate No. *,
complete and in $ood order condition, covered b Commercial Invoice No. ;52@)4=
DTD4Uand a Pac8in$ 6ist.UThere !ere no mar8in$s on the outer portion of the crates e#cept
the name of the consi$nee.@UCrate No. ( measured *= cubic meters and !ei$hed ),*+ 8$s. It
contained the follo!in$ articles> one &(' unit 6athe 7achine complete !ith parts and
accessories one &(' unit Surface Hrinder complete !ith parts and accessories and one &(' unit7illin$ 7achine complete !ith parts and accessories. On the floorin$ of the !ooden crates
!ere three !ooden battens placed side b side to support the !ei$ht of the car$o. Crate No. *,
on the other hand, measured (+ cubic meters and !ei$hed *,++ 8$s. The 6athe 7achine !as
stuffed in the crate. The shipment had a total invoice value of GSW-+,+++.++ CX 7anila.
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!inch crane. The crane !as operated b Ole$ario %alsa, a !inchman from the ICTSI,(*Uthe
e#clusive arrastre operator of 7ICT.
Denasto DauB, 5r., the chec8er2inspector of the NSCP, alon$ !ith the cre! and the
surveor of the ICTSI, conducted an inspection of the car$o. ()UThe inspected the hatches,
chec8ed the car$o and found it in apparent $ood condition. (=UClaudio Cansino, the stevedore
of the ICTSI, placed t!o slin$ cables on each end of Crate No. (. (4UNo slin$ cable !as
fastened on the mid2portion of the crate. In DauBs e#perience, this !as a normal procedure.(Us the crate !as bein$ hoisted from the vessels hatch, the mid2portion of the !ooden
floorin$ suddenl snapped in the air, about five feet hi$h from the vessels t!in dec8, sendin$all its contents crashin$ do!n hard,(@Uresultin$ in e#tensive dama$e to the shipment.
%7ICIs customs bro8er, 5R7 Incorporated, too8 deliver of the car$o in such dama$ed
condition.(
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attached.)=UThe C concluded that common carriers are not absolute insurers a$ainst all ris8s
in the transport of the $oods.)4U
"ence, this petition b the PCIC, !here it alle$es that>
I.
T"E COGRT O PPE6S CO77ITTED SERIOGS ERROR O 6A IN NOT
"O6DINH T"T RESPONDENT CO77ON CRRIER IS 6I%6E OR T"E D7HESGSTINED %; T"E S"IP7ENT IN T"E POSSESSION O T"E RRSTRE
OPERTOR.
II.
T"E COGRT O PPE6S CO77ITTED SERIOGS ERROR O 6A IN NOT
PP6;INH T"E STTGTOR; PRESG7PTION O G6T ND NEH6IHENCE IN T"E
CSE T %R.
III.
T"E COGRT O PPE6S HROSS6; 7ISCO7PRE"ENDED T"E CTS IN INDINH
T"T T"E D7HE SGSTINED %; T"E S"IP7ENTU AS DGE TO ITS
DEECTI:E PC9INH ND NOT TO T"E G6T ND NEH6IHENCE O T"E
RESPONDENTS.)U
The petitioner asserts that the mere proof of receipt of the shipment b the common
carrier &to the carrier' in $ood order, and their arrival at the place of destination in bad order
ma8es out aprima faciecase a$ainst it in such case, it is liable for the loss or dama$e to the
car$o absent satisfactor e#planation $iven b the carrier as to the e#ercise of e#traordinar
dili$ence. The petitioner avers that the shipment !as sufficientl pac8ed in !ooden bo#es, as
sho!n b the fact that it !as accepted on board the vessel and arrived in 7anila safel. It
emphasiBes that the respondents did not contest the contents of the bill of ladin$, and that the
respondents 8ne! that the manner and condition of the pac8in$ of the car$o !as normal andbarren of defects. It maintains that it behooved the respondent ICTSI to place three to four
cables or !ire slin$s in e0ual settin$s, includin$ the center portion of the crate to prevent
dama$e to the car$o>
U simple loo8 at the manifesto of the car$o and the bill of ladin$ !ould have alerted
respondents of the nature of the car$o consistin$ of thic8 and heav machiner. E#tra2care
should have been made and e#tended in the dischar$e of the sub1ect shipment. "ad the
respondent onl bothered to chec8 the list of its contents, the !ould have been nervous
enou$h to place additional slin$s and cables to support those massive machines, !hich !ere
composed almost entirel of thic8 steel, clearl intended for heav industries. s indicated in
the list, the bo#es contained one lathUe machine, one millin$ machine and one $rindin$
machine2all comin$ !ith complete parts and accessories. ;et, not one amon$ the respondents!ere cautious enou$h. "ere lies the utter failure of the respondents to observed e#traordinar
dili$ence in the handlin$ of the car$o in their custod and possession, !hich the Court of
ppeals