G.R. No. L-21353 and L-21354; May 20, 1966
GREGORIO ANURAN, MARIA MALIGAYA, LAPAZ LARO, ET AL., petitioners, vs. PEPITO BUÑO, PEDRO GAHOL, LUISA ALCANTARA, GUILLERMO RAZON, ANSELMO MALIGAYA and CEFERINA ARO, respondents.

FACTS

On January 12, 1958, a passenger jeepney owned by spouses Pedro Gahol and Luisa Alcantara and driven by Pepito Buño was parked on the road to Taal, Batangas. It was overloaded, carrying 14 to 16 passengers against its maximum capacity of 11 including the driver. The jeepney was parked with half its width on the asphalted pavement and the other half on the right shoulder. A speeding water truck owned by spouses Anselmo Maligaya and Ceferina Aro and driven by Guillermo Razon violently smashed into the parked jeepney from behind, causing it to turn turtle into a ditch. The collision resulted in the death of three passengers and injuries to two others. In February 1958, suits for damages were filed by the representatives of the deceased and injured passengers against the drivers and owners of both vehicles. The Batangas Court of First Instance absolved the jeepney driver and owners but held the truck driver and owners liable. The plaintiffs appealed to the Court of Appeals, which affirmed the exoneration of the jeepney driver and owners, applying the doctrine of “last clear chance” and finding the truck driver guilty of greater negligence as the efficient cause of the collision. The Court of Appeals ordered the truck owners and driver to pay solidary damages. The plaintiffs then appealed to the Supreme Court, insisting on the liability of the jeepney driver and owners.

ISSUE

Whether the driver and owners of the passenger jeepney are liable for damages to their passengers, notwithstanding the finding that the driver of the colliding truck was guilty of greater negligence.

RULING

Yes. The Supreme Court modified the decision of the Court of Appeals and held the jeepney driver and owners solidarily liable with the truck driver and owners for the damages awarded. The Court ruled that the contractual obligation of a common carrier to transport passengers safely demands “utmost diligence” under Article 1755 of the New Civil Code. Carriers are presumed negligent under Article 1756 unless they prove extraordinary diligence. This presumption was confirmed by the Court of Appeals’ finding that the jeepney driver was at fault for improper parking. The doctrine of “last clear chance” applies in suits between the owners and drivers of colliding vehicles but does not apply where a passenger seeks to enforce the carrier’s contractual obligations. It would be inequitable to exempt the negligent carrier because another driver was also negligent. The damages assessed by the Court of Appeals were affirmed, as the truck driver and owners did not appeal, and the plaintiffs did not seek a greater amount. The jeepney driver (Pepito Buño) and owners (Pedro Gahol and Luisa Alcantara) were declared jointly and severally liable with the other defendants.