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Provisions:
BATACLAN
vs
MEDINA
Criminal
Liability
–
How
incurred
–
Wrongful
act
done
be
different
from
what
was
intended
ART.
1733.
Common
carriers,
Date:
October
22,
1957
from
the
nature
of
their
business
Ponente:
Montemayor,
J.
and
for
reasons
of
public
policy,
are
bound
to
observe
extraordinary
diligence
in
the
SUMMARY:
was
being
driven
by
its
regular
chauffeur,
vigilance
over
the
goods
and
for
the
safety
of
the
passengers
Salud
Villanueva,
in
her
name
and
in
behalf
of
her
5
Conrado
Saylon.
transported
by
them,
according
to
children
who
are
minors,
claim
damages
and
attorney’s
3. 2:00
AM
–
running
within
the
jurisdiction
of
all
the
circumstances
of
each
case.
fees
in
this
suit
against
defendant
Medina,
operator
and
Imus,
Cavite
the
front
tire
of
the
bus
burst
and
Such
extraordinary
diligence
in
the
owner
of
Medina
Transportation.
On
September
13,
the
vehicle
zig-‐zagged,
fell
into
a
canal,
and
vigilance
over
the
goods
is
further
1952,
a
bus
on
which
her
husband
was
a
passenger
fell
turned
turtle.
expressed
in
articles
1734,
1735,
into
a
canal
or
ditch,
causing
her
husband
to
be
trapped
4. Some
of
the
passengers
managed
to
leave
the
and
1745,
Nos.
5,
6,
and
7,
while
inside.
Gas
apparently
leaked
from
the
bus.
When
men
bus,
others
had
to
be
helped
or
pulled
out
the
extra
ordinary
diligence
for
from
a
nearby
rural
area
came
to
help,
with
their
source
except
for
four
passengers,
among
which
was
the
safety
of
the
passengers
is
of
lighting
being
torches
lit
and
fueled
with
petroleum,
a
Juan
Bataclán,
who
were
stuck
inside
the
further
set
forth
in
articles
1755
fierce
fire
immediately
started.
The
driver
and
conductor,
vehicle.
and
1756.
through
testimonies
of
witnesses,
were
found
to
be
5. Shouts
for
help
were
made
to
the
houses
in
the
ART.
1759.
Common
carriers
are
negligent
in
failing
to
warn
the
men
that
they
should
not
neighborhood.
liable
for
the
death
of
or
injuries
go
near
the
bus
as
gas
had
leaked
and
this
proximity
6. After
half
an
hour,
came
about
ten
men,
one
of
to
passengers
through
the
could
cause
a
fire.
Petition
was
granted
and
damages
them
carrying
a
lighted
torch
made
of
bamboo
negligence
or
willful
acts
of
the
were
awarded
to
the
widow
and
her
children.
with
a
wick
on
one
end,
evidently
fueled
with
former's
employees,
although
petroleum.
such
employees
may
have
acted
ISSUES:
7. A
fierce
fire
started.
Apparently,
a
significant
beyond
the
scope
of
their
1. WON
the
defendant
carrier,
Medina
amount
of
gasoline
began
to
leak
and
escape
authority
or
in
violation
of
the
Transportation,
is
liable
for
the
death
of
Juan
from
the
gas
tank
on
the
side
of
the
chassis.
order
of
the
common
carriers.
Bataclán
by
virtue
of
the
negligence
on
the
part
8. The
charred
bodies
of
the
four
passengers
were
This
liability
of
the
common
carriers
does
not
cease
upon
of
the
carrier’s
agents
(driver
and
conductor)
recovered
and
identified
that
same
day.
proof
that
they
exercised
all
the
according
to
Articles
1733,
1759,
and
1763
of
Juan
Bataclán’s
widow,
Salud
Villanueva,
in
her
diligence
of
a
good
father
of
a
the
Civil
Code
name
and
in
behalf
of
her
five
minor
children,
family
in
the
selection
and
2. WON
the
proximate
cause
of
death
was
the
brought
the
present
suit
to
recover
from
supervision
of
their
employees.
fierce
fire
that
burned
the
bus
defendant
damages
and
attorney’s
fees.
FACTS:
1. Shortly
after
12AM
-‐
September
13,
1952
Bus
HOLDING:
No.
30
of
the
Medina
Transportation,
left
1. Yes.
The
responsibilities
of
common
carrier
to
Amadeo,
Cavite
for
Pasay
City.
its
passengers
and
their
goods
according
to
2. Medina
Transportation
is
operated
by
its
Articles
1733,
1759,
and
1763
of
the
Civil
Code
owner,
defendant
Mariano
Medina.
Bus
No.
30
were
not
fulfilled,
constituting
a
breach
of
BATAC | CHU
contract
of
transportation
for
hire
for
failure
of
Related
Provisions:
Medina
Transportation
to
take
Bataclán
to
his
destination
safely.
ART.
1763.
A
common
carrier
2. The
proximate
cause
of
death
was
actually
the
responsible
for
injuries
suffered
by
a
overturning
of
the
bus.
The
men
carrying
the
passenger
on
account
of
the
willful
acts
torches
which
started
the
fierce
fire
that
burned
or
negligence
of
other
passengers
or
of
the
bus
came
to
help
in
the
first
place
because
strangers,
if
the
common
carrier's
the
overturning
of
the
bus
caused
four
employees
through
the
exercise
of
the
passengers
to
be
trapped
inside.
diligence
of
a
good
father
of
a
family
could
have
prevented
or
stopped
the
act
or
omission.
The
men
who
came
to
help
came
from
a
rural
area,
where
flashlights
or
other
sources
of
light
Volume
38,
pages
695-‐696
of
American
besides
a
torch
were
not
accessible.
A
light
jurisprudence:
(proximate
cause
of
source
was
necessary
in
order
for
the
men
to
death)
extend
aid
to
the
trapped
passengers
given
that
.
.
.
'that
cause,
which,
in
natural
and
the
accident
occurred
at
2AM.
continuous
sequence,
unbroken
by
any
efficient
intervening
cause,
produces
The
conductor
and
the
driver
should
have
had
the
injury,
and
without
which
the
result
the
foresight
to
know
that
in
the
position
that
would
not
have
occurred.'
And
more
the
overturned
bus
was
in,
gas
could
and
must
comprehensively,
'the
proximate
legal
cause
is
that
acting
first
and
producing
have
leaked
from
the
tank,
aside
from
the
fact
the
injury,
either
immediately
or
by
that
gas
can
be
smelt
and
detected
even
from
a
setting
other
events
in
motion,
all
distance
when
spilled
over
a
large
area.
constituting
a
natural
and
continuous
chain
of
events,
each
having
a
close
RULING:
causal
connection
with
its
immediate
In
view
of
the
foregoing,
with
the
modification
that
the
predecessor,
the
final
event
in
the
damages
awarded
by
the
trial
court
are
increased
from
chain
immediately
effecting
the
injury
ONE
THOUSAND
(P1,000)
PESOS
TO
SIX
THOUSAND
as
a
natural
and
probable
result
of
the
(P6,000)
PESOS,
and
from
SIX
HUNDRED
PESOS
TO
EIGHT
cause
which
first
acted,
under
such
HUNDRED
(P800)
PESOS,
for
the
death
of
Bataclan
and
circumstances
that
the
person
responsible
for
the
first
event
should,
for
the
attorney's
fees,
respectively,
the
decision
as
an
ordinary
prudent
and
intelligent
appealed
is
from
hereby
affirmed,
with
costs.
person,
have
reasonable
ground
to
expect
at
the
moment
of
his
act
or
default
that
an
injury
to
some
person
Paras,
C.
J.,
Bengzon,
Padilla,
Reyes,
A.,
Bautista
might
probably
result
therefrom.
Angelo,
Labrador,
Concepcion,
Reyes,
J.
B.
L.,
Endencia,
and
Felix,
JJ.,
concur.
BATAC | CHU