YOBIDO v CA [G.R. No. 113003. October 17, 1997.] ALBERTA YOBIDO and CRESENCIO YOBIDO, petitioners, vs. COURT OF
APPEALS, LENY TUMBOY, ARDEE TUMBOY and JASMIN TUMBOY, respondents.
FACTS:
On April 26, 1988, spouses Tito and Leny Tumboy and their minor children, Ardee and Jasmin, boarded at Mangagoy, Surigao del Sur, a Yobido bus bound for Davao City. Along Picop road in Km. 17, Sta. Maria, Agusan del Sur, the left front tire of the bus suddenly exploded. The bus fell into a ravine around three (3) feet from the road and struck a tree which resulted in the death of Tito Tumboy and physical injuries to other passengers. Thereafter, a complaint for breach of contract of carriage, damages and attorney's fees was filed by Leny and her children against Alberta Yobido, the owner of the bus, and Cresencio Yobido, its driver in the Regional Trial Court of Davao City.
Defenses:
Abundio Salce, who was the bus conductor when the incident happened, testified that 1. the 42-seater bus was not full as there were only 32 passengers, such that he himself managed to get a seat;
2. the bus was running at a speed of "60 to 50" and that it was going slow because of the zigzag road.
3. the left front tire that exploded was a "brand new tire" that he mounted on the bus on April 21, 1988 or only five (5) days before the incident.
DECISION:
(1) Trial Court: dismissing the action for lack of merit
(2) Court of Appeals: rendered a decision reversing that of the lower court
ISSUE:
Whether the tire blow-out is a fortuitous event
RULING:
No.
A fortuitous event is possessed of the following characteristics:
(a) the cause of the unforeseen and unexpected occurrence, or the failure of the debtor to comply with his obligations must be independent of human will;
(b) it must be impossible to foresee the event which constitutes the caso fortuito, or if it can be foreseen, it must be impossible to avoid;
(c) the occurrence must be such as to render it impossible for the debtor to fulfill his obligation in a normal manner; and
(d) the obligor must be free from any participation in the aggravation of the injury resulting to the creditor.
As Article 1174 provides, no person shall be responsible for a fortuitous event which could not be foreseen, or which, though foreseen was inevitable. In other words, there must be an entire exclusion of human agency from the cause of injury or loss.
There is no reason to overturn the findings and conclusions of the Court of Appeals. Petitioners' contention that they are exempted from liability because the tire blowout was a fortuitous event that could not have been foreseen, must fail. It is settled that an accident caused either by defects in the automobile or through the negligence of its driver is not a caso fortuito that would exempt the carrier from liability for damages. Accordingly, the challenged decision is affirmed subject to modification that petitioners shall additionally pay herein, respondents P20,000.00 as exemplary damages.
The explosion of the new tire may not be considered a fortuitous event. There are human factors involved in the situation. The fact that the tire was new did not imply that it was entirely free from manufacturing defects or that it was properly mounted on the vehicle. Neither may the fact that the tire bought and used in the vehicle is of a brand name noted for quality, resulting in the conclusion that it could not explode within five days' use. Be that as it may, it is settled that an accident caused either by defects in the automobile or through the negligence of its driver is not a caso fortuito that would exempt the carrier from liability for damages.
It was incumbent upon the defense to establish that it took precautionary measures considering partially dangerous condition of the road. As stated above, proof that the tire was new and of good quality is not sufficient proof that it was not negligent. Petitioners should have shown that it undertook extraordinary diligence in the care of its carrier such as conducting daily routinary check-ups of the vehicle's parts. As the late Justice J.B.L. Reyes said: "It may be impracticable, as appellee argues, to require of carriers to test the strength of each and every part of its vehicles before each trip, but we are of the opinion that a due regard for the carrier's obligations toward the traveling public demands adequate periodical tests to determine the condition and strength of those vehicle portions the failure of which may endanger the safety of the passengers."
FACTS:
On April 26, 1988, spouses Tito and Leny Tumboy and their minor children, Ardee and Jasmin, boarded at Mangagoy, Surigao del Sur, a Yobido bus bound for Davao City. Along Picop road in Km. 17, Sta. Maria, Agusan del Sur, the left front tire of the bus suddenly exploded. The bus fell into a ravine around three (3) feet from the road and struck a tree which resulted in the death of Tito Tumboy and physical injuries to other passengers. Thereafter, a complaint for breach of contract of carriage, damages and attorney's fees was filed by Leny and her children against Alberta Yobido, the owner of the bus, and Cresencio Yobido, its driver in the Regional Trial Court of Davao City.
Defenses:
Abundio Salce, who was the bus conductor when the incident happened, testified that 1. the 42-seater bus was not full as there were only 32 passengers, such that he himself managed to get a seat;
2. the bus was running at a speed of "60 to 50" and that it was going slow because of the zigzag road.
3. the left front tire that exploded was a "brand new tire" that he mounted on the bus on April 21, 1988 or only five (5) days before the incident.
DECISION:
(1) Trial Court: dismissing the action for lack of merit
(2) Court of Appeals: rendered a decision reversing that of the lower court
ISSUE:
Whether the tire blow-out is a fortuitous event
RULING:
No.
A fortuitous event is possessed of the following characteristics:
(a) the cause of the unforeseen and unexpected occurrence, or the failure of the debtor to comply with his obligations must be independent of human will;
(b) it must be impossible to foresee the event which constitutes the caso fortuito, or if it can be foreseen, it must be impossible to avoid;
(c) the occurrence must be such as to render it impossible for the debtor to fulfill his obligation in a normal manner; and
(d) the obligor must be free from any participation in the aggravation of the injury resulting to the creditor.
As Article 1174 provides, no person shall be responsible for a fortuitous event which could not be foreseen, or which, though foreseen was inevitable. In other words, there must be an entire exclusion of human agency from the cause of injury or loss.
There is no reason to overturn the findings and conclusions of the Court of Appeals. Petitioners' contention that they are exempted from liability because the tire blowout was a fortuitous event that could not have been foreseen, must fail. It is settled that an accident caused either by defects in the automobile or through the negligence of its driver is not a caso fortuito that would exempt the carrier from liability for damages. Accordingly, the challenged decision is affirmed subject to modification that petitioners shall additionally pay herein, respondents P20,000.00 as exemplary damages.
The explosion of the new tire may not be considered a fortuitous event. There are human factors involved in the situation. The fact that the tire was new did not imply that it was entirely free from manufacturing defects or that it was properly mounted on the vehicle. Neither may the fact that the tire bought and used in the vehicle is of a brand name noted for quality, resulting in the conclusion that it could not explode within five days' use. Be that as it may, it is settled that an accident caused either by defects in the automobile or through the negligence of its driver is not a caso fortuito that would exempt the carrier from liability for damages.
It was incumbent upon the defense to establish that it took precautionary measures considering partially dangerous condition of the road. As stated above, proof that the tire was new and of good quality is not sufficient proof that it was not negligent. Petitioners should have shown that it undertook extraordinary diligence in the care of its carrier such as conducting daily routinary check-ups of the vehicle's parts. As the late Justice J.B.L. Reyes said: "It may be impracticable, as appellee argues, to require of carriers to test the strength of each and every part of its vehicles before each trip, but we are of the opinion that a due regard for the carrier's obligations toward the traveling public demands adequate periodical tests to determine the condition and strength of those vehicle portions the failure of which may endanger the safety of the passengers."
It is interesting to note that petitioners proved through the bus conductor, Salce, that the bus was running at "60-50" kilometers per hour
only within the prescribed lawful speed limit. However, they failed to rebut the testimony of Leny Tumboy that the bus was running so
fast that she cautioned the driver to slow down. These contradictory facts must, therefore, be resolved in favor of liability in view of the
presumption of negligence of the carrier in the law.
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