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Home Civil Law La Mallorca and Pampanga Bus Company vs Valentin De Jesus
La Mallorca and Pampanga Bus Company vs Valentin De
Jesus
17 SCRA 22 Civil Law Torts and Damages Negligence
In October 1959, Lolita de Jesus was riding a bus owned by La Mallorca and Pampanga Bus Company which had a head on
collision against a freight truck. Apparently, the bus had a tire blow out which resulted to the accident. Lolita died and so her
father, Valentin de Jesus, filed a civil case for damages against La Mallorca. The lower court rendered judgment in favor of
De Jesus and ordered La Mallorca to pay for actual, compensatory, and moral damages including counsel fees. This decision
was affirmed by the Court of Appeals. La Mallorca assailed the decision as it argued that a tire blow out is a fortuitous event
and should not be taken as negligence.
ISSUE: Whether or not a tire blow out is a fortuitous event.
HELD: No. As found by the lower court, the tire blow out in this case was due to the fact that the inner circle of the wheel
of the bus was pressed so closely to the rim which caused it to eventually explode. This mechanical defect in the installation
of the wheel could have been easily discovered had the bus been subjected to a thorough check up before it was allowed to
hit the road. La Mallorca is therefore negligent and the tire explosion is not a fortuitous event for it could have been avoided
had the bus been properly maintained.
The Supreme Court also emphasized in this case that 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.

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