GR 128607; (January, 2000) (Digest)
G.R. No. 128607 January 31, 2000
Alfredo Mallari, Sr. and Alfredo Mallari, Jr., petitioners, vs. Court of Appeals and Bulletin Publishing Corporation, respondents.
FACTS
On October 14, 1987, a passenger jeepney owned by Alfredo Mallari, Sr. and driven by Alfredo Mallari, Jr. collided with a delivery van owned by Bulletin Publishing Corporation along a national highway in Bataan. The collision caused the jeepney to overturn, resulting in injuries to passengers, including Israel Reyes who later died. The widow, Claudia G. Reyes, filed a complaint for damages against both the Mallaris and Bulletin, alleging negligence by both drivers.
The trial court found the proximate cause of the accident to be the negligence of the Bulletin van driver, Felix Angeles. It held Bulletin and Angeles solidarily liable for damages and absolved the Mallaris. On appeal, the Court of Appeals reversed this ruling. It found that the collision was caused solely by the negligence of Mallari, Jr., who admitted to overtaking another vehicle on a curve after seeing the oncoming van, and held both Mallaris liable as common carriers.
ISSUE
Whether the Court of Appeals erred in reversing the trial court’s finding and in holding petitioners liable for damages arising from negligence.
RULING
The Supreme Court denied the petition and affirmed the Decision of the Court of Appeals. The Court upheld the appellate court’s factual finding that the sole proximate cause of the accident was the negligence of petitioner Alfredo Mallari, Jr. This finding was based on Mallari Jr.’s own testimony that he overtook a stationary vehicle on a curve despite seeing the oncoming Bulletin van, thereby violating traffic rules and failing to exercise due care.
The legal logic is anchored on the obligations of a common carrier. Petitioner Alfredo Mallari, Sr., as the registered owner of the passenger jeepney, is engaged in a common carrier business. Under Articles 1755 and 1756 of the Civil Code, a common carrier is bound to observe extraordinary diligence for the safe transport of its passengers and is presumed negligent in case of death or injuries to passengers. This presumption was not overcome by the petitioners. Furthermore, pursuant to Article 1759, the carrier is liable for the negligence of its employees, such as its driver, and this liability is not mitigated by proof of careful selection in hiring. Therefore, the negligence of Mallari, Jr. is imputed to the carrier, Mallari, Sr., making them jointly and severally liable for the damages awarded to the victim’s widow. The monetary awards for loss of earning capacity, death indemnity, and attorney’s fees were affirmed as factual matters conclusive upon the Court.