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VICENTE CALALAS v. CA

FACTS:

Private respondent Eliza Jujeurche Sunga boarded a passenger jeepney owned and operated by petitioner Vicente Calalas. Since the jeepney was full, she was given an "extension seat" at the back of the vehicle. During the journey, an Isuzu truck owned by Francisco Salva and driven by Iglecerio Verena bumped the jeepney, causing Sunga to be injured. She suffered a fractured leg and had to undergo treatment and confinement in the hospital. Sunga filed a complaint for damages against Calalas for violation of the contract of carriage. The lower court absolved Calalas of liability and held Salva responsible for the accident. However, the Court of Appeals reversed the decision and held Calalas liable for damages to Sunga.

ISSUES:

  1. Whether the petitioner, Vicente Calalas, is liable for breach of contract of carriage despite the negligence of the truck driver being the proximate cause of the accident.

  2. Whether the award of moral damages to the private respondent, Eliza Jujeurche Sunga, is justified.

RULING:

  1. Petitioner Vicente Calalas is liable for breach of contract of carriage. The negligence of the truck driver does not absolve the common carrier from its obligation to safely transport passengers. The presumption of negligence arose upon the occurrence of the accident, which the common carrier failed to rebut.

  2. The award of moral damages is not justified. The appellate court did not find that the petitioner acted in bad faith in the performance of the contract of carriage. Moral damages are generally not recoverable in actions for breach of contract unless there is fraud or bad faith, or the mishap results in the death of a passenger.

PRINCIPLES:

  1. Contract of Carriage: A common carrier is presumed to have been at fault or to have acted negligently in case of death or injuries to passengers unless it proves that it observed extraordinary diligence.

  2. Diligence Required of Common Carriers (Art. 1733, Civil Code): Common carriers must exercise extraordinary diligence for the safety of the passengers transported by them, according to all circumstances of each case.

  3. Extraordinary Diligence for Safety of Passengers (Art. 1755, Civil Code): A common carrier is bound to carry passengers safely as far as human care and foresight can provide, using the utmost diligence of very cautious persons, with due regard for all circumstances.

  4. Presumption of Negligence (Art. 1756, Civil Code): In case of death or injuries to passengers, common carriers are presumed to have been at fault or to have acted negligently unless they prove that they observed extraordinary diligence.

  5. Casus Fortuitus: A fortuitous event that could not be foreseen, or if foreseen, was inevitable, cannot be due to the debtor's actions.

  6. Moral Damages in Breach of Contract: As a rule, moral damages are not recoverable in actions based on breach of contract unless fraud or bad faith is proven, or the mishap results in the death of a passenger.