Professional Documents
Culture Documents
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SECOND DIVISION.
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MENDOZA, J.:
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SO ORDERED.
6) Costs of suit.
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Testimony of Pat. Chito Esmenda, TSN, pp. 37-38, Sept. 12, 1985.
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De Guzman v. Court of Appeals, 168 SCRA 612, 618 (1988); Bascos v. Court
Supra note 5.
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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
either of the
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locomotive engineer or the automobile driver.
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Id., at 747.
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Id., at 172-173.
Rule 8, 2 provides: Alternative causes of action or defenses.A party
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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,
et al.,
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G.R. Nos. L-21477-81, April 29, 1966, 16 SCRA 742) . . .
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It is true that
in Philippine Rabbit Bus Lines, Inc. v. Court
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of Appeals this Court exonerated the jeepney driver from
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the court may make such orders as may be just to prevent any plaintiff or
to all such plaintiffs or to all such defendants may arise in the action; but
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SO ORDERED.
6) costs of suit.