Myline Cordial

Baliwag Transit, Inc. vs Court of Appeals, Spouses Antonio Garcia & Leticia Garcia, A & J Trading and Julio Recontique
G.R. No. 116110, May 15, 1996
256 SCRA 746

FACTS:
Respondent Leticia Garcia, and her five-year old son, Allan Garcia, boarded Baliwag Transit Bus bound for Cabanatuan City. At about 7:30 in the evening the bus passengers saw a cargo truck parked at the shoulder of the national highway. A kerosene lamp appeared at the edge of the road to serve as a warning device. The driver and the helper of the parked truck owned by respondent A & J Trading were replacing a flat tire. However the bus driver was driving fast and was conversing with his co-employees while driving. The passengers pleaded for its driver to slow down, but their plea was ignored. The bus collided with the cargo truck causing the death of the bus driver and the helper of the truck and injury to the passengers.
Respondents Leticia and Allan experienced physical suffering, mental anguish and serious anxiety by reason of the accident. Leticia underwent an operation to replace her broken hip bone with a metal plate. She was confined at the National Orthopedic Hospital for 45 days and her son was also confined in the hospital for his foot injury.

ISSUES:
1. Whether or not petitioner carrier is liable for the injury of its passengers.
2. Whether or not respondent company and driver were also liable for failing to display an early warning device.
3. Whether or not the injured passengers are entitled to moral damages.

RULING:
1. Yes. A common carrier is bound to carry its passengers safely as far as human care and foresight can provide, using the utmost diligence of a very cautious person, with due regard for all the circumstances. In a contract of carriage, it is presumed that the common carrier was at fault or was negligent when a passenger dies or is injured. Unless the presumption is rebutted, the court need not even make an express finding of fault or negligence on the part of the common carrier. This statutory presumption may only be overcome by evidence that the carrier exercised extraordinary diligence as prescribed in Articles 1733 and 1755 of the Civil Code. However, under Article 1759, common carriers are liable for the death of or injuries to passengers through the negligence or wilful acts of the former’s employees, although such employees may have acted beyond the scope of their authority or in violation of the orders of the common carriers. This liability of the common carriers do not cease upon proof that they exercised all the diligence of a good father of a family in the selection or supervision of their employees.
In this case, Baliwag, as a common carrier, breached its contract of carriage when it failed to deliver its passengers, Leticia and Allan Garcia to their destination safe and sound. Baliwag failed to prove that it exercised extraordinary diligence. On the contrary, the evidence demonstrates its driver’s recklessness.

2. No. The evidence shows that the truck driver and his helper placed a kerosene lamp or torch at the edge of the road, near the rear portion of the truck to serve as an early warning device. This substantially complies with Section 34 (g) of the Land Transportation and Traffic Code

3. Yes. In a breach of contract of carriage, moral damages are recoverable if the carrier, through its agent, acted fraudulently or in bad faith. The evidence shows the gross negligence of the driver of Baliwag bus which amounted to bad faith.

NOTES:
Evidence – To prove actual damages, the best evidence available to the injured party must be presented. The court cannot rely on uncorroborated testimony whose truth is suspect but must depend upon competent proof that damages have been actually suffered.

When the goods shipped either are lost or arrive in damaged condition, a presumption arises against the carrier of its failure to observe that requisite diligence, and there need not be an express finding of negligence to hold it liable. (Eastern Shipping Lines, Inc. vs. Court of Appeals, 234 SCRA 78 [1994])

When one devotes his property to a use in which the public has an interest, he, in effect, grants to the public an interest in that use, and must submit to the control by the public for the common good, to the extent of the interest he has thus created. (Kilusang Mayo Uno Labor Center vs. Garcia, Jr., 239 SCRA 386 [1994])

Full text: Baliwag Transit vs CA G.R. No. 116110, May 15, 1996