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Marchan Vs Mendoza

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Marchan vs.

Mendoza
G.R. No. L-24471
FACTS
A passenger bus of the Philippine Rabbit Bus Lines, driven by Silverio
Marchan, fell into a ditch while travelling on its way to Manila. As a result of
which respondents Arsenio Mendoza, his wife and child, passengers of the
said bus were thrown out to the ground resulting in their multiple injuries. It
was proven that the bus was traveling at high speed without due regard to
the safety of its passengers and that passengers complained and asked
Machan, the driver to slow down. On the contrary, Marchan increased its
speed while approaching a truck which was then parked, apparently to avoid
collision with the incoming vehicle from the opposite direction. The rear tires
of the bus skidded because of its high speed which caused the bus to fall into
a ditch. Subsequently, Marchan was convicted for physical injuries through
reckless imprudence.
ISSUE
Whether or not Marchan and Philippine Rabbit Bus Lines are liable for the
injuries suffered by its passengers.
RULING
The Supreme Court held that the proximate cause of the accident was the
gross negligence of Marchan who when driving is expected to have employed
the highest degree of care. He should have been assiduously prudent in
handling his vehicle to insure the safety of his passengers. There is no reason
why he shouldnt stop the vehicle upon noticing a parked truck in front of
him. He must have taken precautionary measures in securing the safety of
his passengers. Philippine Rabbit is also liable because common carriers
cannot escape liability for the death or injuries to passengers through the
negligence and willful acts of the former's employees, although such
employees may have acted beyond the scope of their authority or in
violation of the orders. The awarding of compensatory damages is
reasonable because Arsenio Mendoza had suffered paralysis on the lower
extremities, which will incapacitate him to engage in his customary
occupation throughout the remaining years of his life. The awarding of
exemplary damages likewise is found just although the plaintiffs did not
specify such claim. The court is called upon the exercise and can use its
discretion in the imposition of punitive or exemplary damages even though
not expressly prayed or pleaded in the plaintiffs' complaint.

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