La Mallorca and Pampanga Bus Co. vs. De Jesus, Tolentino and CA

LA MALLORCA and PAMPANGA BUS COMPANY vs. VALENTIN DE JESUS, MANOLO TOLENTINO and COURT OF APPEALS
G.R. No. L-21486. 14 May 1966.
Appeal by Certiorari from the decision of the CA which affirmed that rendered by the CFI Bulacan
MAKALINTAL, J.:

Facts: The suit arose by reason of the death of Lolita de Jesus, 20-year old daughter of Valentin de Jesus and wife of Manolo Tolentino, in a head-on collision between petitioner's bus, on which she was a passenger, and a freight truck traveling in the opposite direction, in a barrio in Marilao Bulacan, in the morning of October 8, 1959. The immediate cause of the collision was the fact that the driver of the bus lost control of the wheel when its left front tire suddenly exploded. The court a quo sentenced the defendant, now petitioner, to pay to plaintiffs actual, compensatory, and moral damages; and counsel fees. CA affirmed.

Issues: (1) WON the petitioners are liable for the consequences of the accident. (2) WON petitioners are liable for moral damages.

Ruling: Judgment affirmed.
(1) Petitioner maintains that a tire blow-out is a fortuitous event and gives rise to no liability for negligence. Both the CFI and the CA found that the bus was running quite fast immediately before the accident. Considering that the tire which exploded was not new, petitioner describes it as "hindi masyadong kalbo," or not so very worn out, the plea of caso fortuito by petitioner cannot be entertained. The cause of the blow-out was a mechanical defect of the conveyance or a fault in its equipment which was easily discoverable if the bus had been subjected to a more thorough check-up before it took to the road. Hence, petitioners are liable for the accident.

(2) The second issue raised by petitioner is already a settled one. In this jurisdiction moral damages are recoverable by reason of the death of a passenger caused by the breach of contract of a common carrier, as provided in Article 1764, in relation to Article 2206, of the Civil Code.

*Dani'q