Heirs of Ochoa Digest

(Jose Marcial) died while on board an Avis taxicab owned and operated by G & S Transport
Corporation (G & S), a common carrier.

Jose Marcial K. Ochoa boarded and rode a taxicab, a passenger vehicle for hire owned and
operated by defendant G&S, at the Manila Domestic Airport. The corporation under the
business name “Avis Coupon Taxi” (Avis) and driven by its employee and authorized driver
Bibiano Padilla, Jr. on his way home at Quezon City. The taxicab was cruising along EDSA in
front of Camp Aguinaldo in Quezon City at high speed. While going up the Santolan fly-over, it
overtook another cab driven by Pablo Clave and tried to pass another vehicle, a ten-wheeler
cargo truck. Because of the narrow space between the left side railing of the fly-over and the
ten-wheeler truck, the Avis cab was unable to pass and because of its speed, its driver (Padilla)
was unable to control it. To avoid colliding with the truck, Padilla turned the wheel to the left
causing his taxicab to ram the railing throwing itself off the fly-over and fell on the middle
surface of EDSA below. The forceful drop of the vehicle on the floor of the road broke and split
it into two parts. Both driver Padilla and passenger Jose Marcial K. Ochoa were injured and
rushed to the hospital. Ochoa was not as lucky as Padilla who was alive. He was declared dead
on arrival from the accident.
Jose Marcial’s wife and his children sent G & S a letter demanding that the latter indemnify
them for Jose Marcial’s death, his loss of earning capacity, and funeral expenses. As G & S failed
to heed the same, the heirs filed a Complaint for Damages.
The heirs alleged that G & S, as a common carrier, is under legal obligation to observe and
exercise extraordinary diligence in transporting its passengers to their destination safely and
securely.
However, G & S failed to observe and exercise this extraordinary diligence because its
employee failed to transport Jose Marcial to his destination safely. They averred that G & S is
liable to them for having breached the contract of common carriage.
G&S argued that while passing the Santolan fly-over, however, the Avis taxicab was bumped by
an on-rushing delivery van at the right portion causing the taxicab to veer to the left, ram
through the left side of the railings of the fly-over and fall to the center of the island below. The
taxicab was split into two and Jose Marcial was thrown 10 meters away. G & S posited that the
proximate cause of Jose Marcial’s death is a fortuitous event and/or the fault or negligence of
the driver of the delivery van that hit the taxicab. It likewise claimed that it exercised the
diligence required of a good father of a family in the selection and supervision of its employees
including Padilla.
the trial court rendered a Decision finding the vehicular mishap not caused by a fortuitous
event but by the negligence of Padilla. It likewise found the evidence adduced by G & S to show
that it exercised the diligence of a good father of a family in the selection and supervision of its
employees as insufficient. Hence, the trial court declared G & S civilly liable to the heirs.
On appeal to[ the CA, G & S continued to insist that it exercised the diligence of a good father of
the family in the selection and supervision of its employees. It averred that it has been carrying
out not only seminars for its drivers even before they were made to work, but also periodic
evaluations for their performance. Aside from these, it has also been conducting monthly
check-up of its automobiles and has regularly issued rules regarding the conduct of its drivers. G
& S claimed that it was able to establish a good name in the industry and maintain a clientele.
In an effort to build up Padilla’s character as an experienced and careful driver, G & S averred
that: (1) before G & S employed Padilla, he was a delivery truck driver of Inter Island Gas Service
for 11 years; (2) Padilla has been an employee of G & S from 1989 to 1996 and during said
period, there was no recorded incident of his being a negligent driver; (3) despite his
qualifications, G & S still required Padilla to submit an NBI clearance, driver’s license and police
clearance; (4) Padilla’s being a good driver-employee was manifest in his years of service with G
& S, as in fact, he has received congratulatory messages from the latter as shown by the inter-
office memos dated August 23, 1990 and February 1, 1993; and that (5) Padilla attended a
seminar at the Pope Pius Center sometime in December 1999 as part of the NAIA Taxi
Operation Program. G & S also argued that the proximate cause of Jose Marcial’s death is a
fortuitous event and/or the fault or negligence of another and not of its employee. According to
G & S, the collision was totally unforeseen since Padilla had every right to expect that the
delivery van would just overtake him and not hit the right side of the taxicab. Therefore, what
transpired was beyond Padilla’s control.
The heirs also averred that in order for a fortuitous event to exempt one from liability, it is
necessary that he has committed no negligence or conduct that may have occasioned the loss.
Thus, to be exempt from liability for the death of Jose Marcial on this ground, G & S must
clearly show that the proximate cause of the casualty was entirely independent of human will
and that it was impossible to avoid.
the CA ruled in favor of the heirs. The appellate court gave weight to their argument that in
order for a fortuitous event to exempt one from liability, it is necessary that he committed no
negligence or misconduct that may have occasioned the loss. In this case, the CA noted that
Padilla failed to employ reasonable foresight, diligence and care needed to exempt G & S from
liability for Jose Marcial’s death.
Issues
WoN the proximate cause of death of mr. jose marcial k. ochoa was a fortuitous event and/or
was due to the fault or negligence of another and should thus exempt the petitioner from
liability.
WoN the CA gravely erred in not taking note of the fact that the petitioner’s employee had
been acquitted of the crime of reckless imprudence resulting (in) homicide.
What is clear from the records is that there existed a contract of carriage between G & S, as the
owner and operator of the Avis taxicab, and Jose Marcial, as the passenger of said vehicle. As a
common carrier, G & S “is bound to carry [Jose Marcial] safely as far as human care and
foresight can provide, using the utmost diligence of very cautious persons, with due regard for
all the circumstances.” However, Jose Marcial was not able to reach his destination safely as he
died during the course of the travel. “In a contract of carriage, it is presumed that the common
carrier is at fault or is negligent when a passenger dies or is injured. In fact, there is even no
need for the court to make an express finding of fault or negligence on the part of the common
carrier. This statutory presumption may only be overcome by evidence that the carrier
exercised extraordinary diligence.” Unfortunately, G & S miserably failed to overcome this
presumption. Both the trial court and the CA found that the accident which led to Jose Marcial’s
death was due to the reckless driving and gross negligence of G & S’ driver, Padilla, thereby
holding G & S liable to the heirs of Jose Marcial for breach of contract of carriage.
whether the CA gravely erred in not taking note of the fact that Padilla has already been
acquitted of the crime of reckless imprudence resulting in homicide, In the instant case, it must
be stressed that the action filed by petitioner is an independent civil action, which remains
separate and distinct from any criminal prosecution based on the same act. Not being deemed
instituted in the criminal action based on culpa criminal, a ruling on the culpability of the
offender will have no bearing on said independent civil action based on an entirely different
cause of action, i.e., culpa contractual.
In this case, the action filed by the heirs is primarily for the recovery of damages arising from
breach of contract of carriage allegedly committed by G & S. Clearly, it is an independent civil
action arising from contract which is separate and distinct from the criminal action for reckless
imprudence resulting in homicide filed by the heirs against Padilla by reason of the same
incident. Hence, regardless of Padilla’s acquittal or conviction in said criminal case, same has no
bearing in the resolution of the present case.
There was therefore no error on the part of the CA when it resolved this case without regard to
the fact that Padilla has already been acquitted by the RTC in the criminal case.

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What was the cause of the accident that led to Jose Marcial's death?

What legal obligations does a common carrier have towards its passengers?

(Jose Marcial) died while on board an Avis taxicab owned and operated by G & S Transport

Corporation (G & S), a common carrier.

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