Professional Documents
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Fabre JR vs. CA
Fabre JR vs. CA
*
G.R. No. 111127. July 26, 1996.
**
MR. & MRS. ENGRACIO FABRE, JR. and PORFIRIO
CABIL, petitioners, vs. COURT OF APPEALS, THE
WORD FOR THE WORLD CHRISTIAN FELLOWSHIP,
INC., AMYLINE ANTONIO, JOHN RICHARDS,
GONZALO GONZALES, VICENTE V. QUE, JR., ICLI
CORDOVA, ARLENE GOJOCCO, ALBERTO ROXAS
CORDERO, RICHARD BAUTISTA, JOCELYN GARCIA,
YOLANDA CORDOVA, NOEL ROQUE, EDWARD TAN,
ERNESTO NARCISO, ENRIQUETA LOCSIN, FRANCIS
NORMAN O. LOPEZ, JULIUS CAESAR GARCIA,
ROSARIO MA. V. ORTIZ, MARIETTA C. CLAVO, ELVIE
SENIEL, ROSARIO MARA-MARA, TERESITA REGALA,
MELINDA TORRES, MARELLA MIJARES, JOSEFA
CABATINGAN, MARA NADOC, DIANE MAYO, TESS
PLATA, MAYETTE JOCSON, ARLENE Y. MORTIZ, LIZA
MAYO, CARLOS RANARIO, ROSAMARIA T. RADOC and
BERNADETTE FERRER, respondents.
________________
* SECOND DIVISION.
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MENDOZA, J.:
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431
SO ORDERED.
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8
the presumption of negligence on the part of an employer.
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[A] person who hires a public automobile and gives the driver
directions as to the place to which he wishes to be conveyed, but
exercises no other control over the conduct of the driver, is not
responsible for acts of negligence of the latter or prevented from
recovering for injuries suffered from a collision between the
automobile and a train, caused by the negligence
9
either of the
locomotive engineer or the automobile driver.
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8 Supra note 5.
9 Yamada v. Manila Railroad Co., 33 Phil. 8, 14 (1915).
10 De Guzman v. Court of Appeals, 168 SCRA 612, 618 (1988); Bascos v. Court
of Appeals, 221 SCRA 318 (1993).
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ger. Again, in Bachelor Express, Inc. v. Court of Appeals a
driver found negligent in failing to stop the bus in order to
let off passengers when a fellow passenger ran amuck, as a
result of which the passengers jumped out of the speeding
bus and suffered injuries, was held also jointly and
severally liable with the bus company to the injured
passengers.
The same rule of liability was applied in situations
where the negligence of the driver of the bus on which
plaintiff was riding concurred with the negligence of a third
party who was the driver of another 16vehicle, thus causing
an accident. In Anuran v. Buño, Batangas Laguna
17
Tayabas Bus Co. v. Intermediate Appellate Court, 18 and
Metro Manila Transit Corporation v. Court of Appeals, the
bus company, its driver, the operator of the other vehicle
and the driver of the vehicle were jointly and severally held
liable to the injured passenger or the latter’s heirs. The
basis of this allocation
19
of liability was explained in Viluan
v. Court of Appeals, thus:
It is true that
21
in Philippine Rabbit Bus Lines, Inc. v. Court
of Appeals this Court exonerated the jeepney driver from
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The trial court was therefore right in finding that Manalo [the
driver] and spouses Mangune and Carreon [the jeepney owners]
were negligent. However, its ruling that spouses Mangune and
Carreon are jointly and severally liable with Manalo is erroneous.
The driver cannot be held jointly and severally liable with the
carrier in case of breach of the contract of carriage. The rationale
behind this is readily discernible. Firstly, the contract of carriage
is between the carrier and the passenger, and in the event of
contractual liability, the carrier is exclusively responsible
therefore to the passenger, even if such breach be due to the
negligence of his driver (see Viluan v. The Court of Appeals,
22
et al.,
G.R. Nos. L-21477-81, April 29, 1966, 16 SCRA 742) . . .
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22 Id., at 172-173.
23 La Mallorca v. Court of Appeals, 17 SCRA 739 (1966).
Rule 8, §2 provides: “Alternative causes of action or defenses.—A party
may set forth two or more statements of a claim or defense alternatively
or hypothetically, either in one cause of action or defense or in separate
causes of action or defenses. When two or more statements are made in
the alternative and one of them if made independently would be sufficient,
the pleading is not made insufficient by the insufficiency of one or more of
the alternative statements.”
Rule 3, §6 provides: “Permissive joinder of parties.—All persons in
whom or against whom any right to relief in respect to or arising out of
the same transaction or series of transactions is alleged to exist, whether
jointly, severally, or in the alternative, may, except as otherwise provided
in these rules, join as plaintiffs or be joined as
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SO ORDERED.
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