Myline Cordial

Sarkies Tours Philippines vs. Court of Appeals and Elino, Marisol and Fatima Minerva Fortades
G.R. No. 108897, October 2, 1997
280 SCRA 58

FACTS:
Fatima Fortades boarded petitioner Sarkies Tours’ De Luxe Bus in Manila on her way to Legazpi City. Her three luggages were loaded in the baggage compartment of the bus. However, during a stopover at Daet, it was discovered that only one bag remained in the open compartment. Fatima and her family went to great lengths to recover the luggages but only one bag was returned to them. They reported to the police, the NBI, and the regional and head offices of petitioner. Her mother even sought the assistance of Philtranco bus drivers and the radio stations.

After more than nine months of fruitless waiting, respondents filed a case to recover the value of the remaining lost items, as well as moral and exemplary damages, attorney’s fees and expenses of litigation.

RTC rendered a favorable judgment. On appeal, the appellate court affirmed the trial court’s judgment, but deleted the award of moral and exemplary damages.

ISSUES:
1. Whether or not carrier was responsible for the loss.
2. Whether or not respondents are entitled to the award of damages.

RULING:
1. It has been established that the carrier received the luggages.
From the nature of their business and for reasons of public policy, common carriers are bound to observe extraordinary diligence in the vigilance over the goods transported by them, and this liability “lasts from the time the goods are unconditionally placed in the possession of, and received by the carrier for transportation until the same are delivered, actually or constructively, by the carrier to the person who has a right to receive them,” unless the loss is due to any of the excepted causes under Article 1734 thereof. The cause of the loss was petitioner’s negligence in not ensuring that the doors of the baggage compartment of its bus were securely fastened. As a result of this lack of care, almost all of the luggage was lost, to the prejudice of the paying passengers.

2. Yes. Under the circumstances, respondents are entitled to the award of damages. It is not disputed that of the three pieces of luggage of Fatima, only one was recovered. The other two contained optometry books, materials, equipment, as well as vital documents and personal belongings. Respondents had to shuttle between Bicol and Manila in their efforts to be compensated for the loss. During the trial, Fatima and Marisol had to travel from the United States just to be able to testify. Expenses were also incurred in reconstituting their lost documents. The Court agrees with the Court of Appeals in awarding P30,000.00 for the lost items and P30,000.00 for the transportation expenses, but disagrees with the deletion of the award of moral and exemplary damages which, in view of the foregoing proven facts, with negligence and bad faith on the fault of petitioner having been duly established, should be granted to respondents in the amount of P20,000.00 and P5,000.00, respectively.

Full text: Sarkies Tours Phil., Inc vs CA G.R. No. 108897. October 2, 1997 280 SCRA 58