GR 89880; (February, 1991) (Digest)
G.R. No. 89880 ; February 6, 1991
Emma Adriano Bustamante, et al., petitioners, vs. The Honorable Court of Appeals, Federico del Pilar and Edilberto Montesiano, respondents.
FACTS
A collision occurred between a gravel and sand truck and a passenger bus, resulting in the deaths of several bus passengers. The truck was owned by Federico del Pilar and driven by Edilberto Montesiano. The bus was owned and operated by other defendants and driven by Ricardo Susulin. Evidence indicated that the truck’s front wheels were wiggling and it was heading towards the bus’s lane. Simultaneously, the bus driver, despite observing this, shifted gears to overtake a hand tractor on the road. The two vehicles sideswiped each other.
The Regional Trial Court found both drivers negligent and held all defendants, including Del Pilar and Montesiano, jointly and severally liable for damages to the heirs of the deceased passengers. On appeal, the Court of Appeals reversed the trial court’s decision and absolved Del Pilar and Montesiano from liability. The appellate court applied the doctrine of last clear chance, reasoning that the bus driver had the last opportunity to avoid the accident.
ISSUE
Did the Court of Appeals err in applying the doctrine of last clear chance to absolve the owner and driver of the truck from liability to the heirs of the deceased passengers?
RULING
Yes. The Supreme Court reversed the Court of Appeals and reinstated the trial court’s judgment with modification. The legal logic is clear: the doctrine of last clear chance is inapplicable in this context. This doctrine is a rule of proximate cause applicable in suits between the owners and drivers of colliding vehicles. It cannot be invoked as a defense in a suit brought by injured passengers, or their heirs, against both carriers involved.
The petitioners are heirs of passengers who perished in the bus. Their cause of action against the bus owner/operator is based on contract of carriage, and against the truck owner/driver is based on quasi-delict. As between the defendants, who are found to be concurrent tortfeasors, the doctrine of last clear chance cannot be used to exempt one from liability to the injured parties. The negligence of both drivers contributed to the accident, making them solidarily liable. The Court increased the death indemnity for each victim to Fifty Thousand Pesos (P50,000.00) in line with prevailing jurisprudence.