BLTB Co. v. IAC

Facts:

On an ascending curve at a highway in Tayabas, Quezon, a bus operated by BLTB and driven by Armando Pon overtook a Ford Fiera, which resulted to its collision with a Superlines bus coming from the opposite direction. Such caused the death of Aniceto Rosales, Francisco Pamfilo and Romeo Neri, and several injuries to Nena Rosales and Baylon Sales, all passengers of BLTB. The injured passengers and the surviving heirs of the ones who died instituted a complaint against the 2 bus companies. The trial court exonerated Superlines and held BLTB to be solely liable. The decision was affirmed by the Intermediate Appellate Court; hence, this instant petition for review on certiorari.

Issue:

Whether the action of the respondents is based on culpa contractual

Held:

A reading of the respondent court's decision shows that it anchored petitioners' liability both on culpa contractual and culpa aquiliana, to wit:

For his own negligence in recklessly driving the truck owned by his employer, appellant Armando Pon is primarily liable. On the other hand the liability of Pon's employer, appellant BLTB, is also primary, direct and immediate in view of the fact that the death of or injuries to its passengers was through the negligence of its employee, and such liability does not cease even upon proof that BLTB had exercised all the diligence of a good father of a family in the selection and supervision of its employees.

The common carrier's liability for the death of or injuries to its passengers is based on its contractual obligation to carry its passengers safely to their destination. That obligation is so serious that the Civil Code requires "utmost diligence of very cautious person (Article 1755, Civil Code). They are presumed to have been at fault or to have acted negligently unless they prove that they have observed extraordinary diligence" (Article 1756, Civil Code). In the present case, the appellants have failed to prove extraordinary diligence. Indeed, this legal presumption was confirmed by the fact that the bus driver of BLTB was negligent. It must follow that both the driver and the owner must answer for injuries or death to its passengers. The liability of BLTB is also solidarily with its driver even though the liability of the driver springs from quasi delict while that of the bus company from contract.

It is settled that the proximate cause of the collision resulting in the death of three and injuries to two of the passengers of BLTB was the sole negligence of the driver of the BLTB Bus, who recklessly operated and drove said bus in a lane where overtaking is not allowed by Traffic Rules and Regulations. Such negligence and recklessness is binding against petitioner BLTB, more so when We consider the fact that in an action based on a contract of carriage, the court need not make an express finding of fault or negligence on the part of the carrier in order to hold it responsible for the payment of the damages sought by the passenger. By the contract of carriage, the carrier BLTB assumed the express obligation to transport the passengers to their destination safely and to observe extraordinary diligence with a due regard for all the circumstances, and any injury that might be suffered by its passengers is right away attributable to the fault or negligence of the carrier.