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    G.R. No. L-45637: Caso Fortuito Presents The Following Essential Characteristics

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    jhean dabatos
    A jeepney passenger was injured when the vehicle overturned after its rear tire exploded. The passenger sued the jeepney owner for damages. The owner argued it was a fortuitous event since the tire was newly purchased. The court ruled it was not a fortuitous event for two reasons: 1) The jeepney was overloaded and traveling at a fast speed, which likely caused the accident rather than just the tire explosion. 2) As a common carrier, the owner was obligated to ensure passenger safety, which it failed to do by overloading and speeding the vehicle. The court found the owner liable for damages.

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    G.R. No. L-45637: Caso Fortuito Presents The Following Essential Characteristics

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    jhean dabatos
    25 views2 pages
    A jeepney passenger was injured when the vehicle overturned after its rear tire exploded. The passenger sued the jeepney owner for damages. The owner argued it was a fortuitous event since the tire was newly purchased. The court ruled it was not a fortuitous event for two reasons: 1) The jeepney was overloaded and traveling at a fast speed, which likely caused the accident rather than just the tire explosion. 2) As a common carrier, the owner was obligated to ensure passenger safety, which it failed to do by overloading and speeding the vehicle. The court found the owner liable for damages.

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    A jeepney passenger was injured when the vehicle overturned after its rear tire exploded. The passenger sued the jeepney owner for damages. The owner argued it was a fortuitous event since the tire was newly purchased. The court ruled it was not a fortuitous event for two reasons: 1) The jeepney was overloaded and traveling at a fast speed, which likely caused the accident rather than just the tire explosion. 2) As a common carrier, the owner was obligated to ensure passenger safety, which it failed to do by overloading and speeding the vehicle. The court found the owner liable for damages.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    25 views2 pages

    G.R. No. L-45637: Caso Fortuito Presents The Following Essential Characteristics

    Uploaded by

    jhean dabatos
    A jeepney passenger was injured when the vehicle overturned after its rear tire exploded. The passenger sued the jeepney owner for damages. The owner argued it was a fortuitous event since the tire was newly purchased. The court ruled it was not a fortuitous event for two reasons: 1) The jeepney was overloaded and traveling at a fast speed, which likely caused the accident rather than just the tire explosion. 2) As a common carrier, the owner was obligated to ensure passenger safety, which it failed to do by overloading and speeding the vehicle. The court found the owner liable for damages.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    G.R. No.

    L-45637 May 31, 1985

    Lessons Applicable: Fortuitous Event (Torts and Damages)

    FACTS:

     Jeepney was driven by Berfol Camoro from Danao City to Cebu City. It
    was Clemente Fontanar but was actually owned by defendant Fernando Banzon.
     When the jeepney reached Mandaue City, the right rear tire exploded causing
    the vehicle to turn turtle. Roberto Juntilla was sitting at the front seat was thrown
    out of the vehicle.
    o Upon landing on the ground, he momentarily lost
    consciousness. When he came to his senses, he found that he had a lacerated
    wound on his right palm. He also injured his left arm, right thigh and on his back.
     Because of his shock and injuries, he went back to Danao City but on the
    way, he discovered that his "Omega" wrist watch worth P 852.70 was lost. Upon
    his arrival in Danao City, he immediately entered the Danao City Hospital to attend
    to his injuries, and also requested his father-in-law to proceed immediately to the
    place of the accident and look for the watch.
     Roberto Juntilla filed for breach of contract with damages
    o Respondents: beyond the control since tire that exploded was newly
    bought and was only slightly used
     RTC: favored Roberto Juntilla
     CA: Reversed since accident was due to fortuitous event
    ISSUE: W/N there is a fortuitous event

    HELD: NO. CA reversed, RTC reinstated.

     passenger jeepney was running at a very fast speed before the accident
    o at a regular and safe speed will not jump into a ditch when its right
    rear tire blows up
     passenger jeepney was overloaded
    o 3 passengers in the front seat
    o 14 passengers in the rear
     caso fortuito presents the following essential characteristics:
     (1) The cause of the unforeseen and unexpected occurrence, or of the failure
    of the debtor to comply with his obligation, must be independent of the human
    will.
     (2) 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.
     (3) The occurrence must be such as to render it impossible for the debtor to
    fulfill his obligation in a normal manner.
     (4) the obligor (debtor) must be free from any participation in the
    aggravation of the injury resulting to the creditor.
     In the case at bar, the cause of the unforeseen and unexpected occurrence
    was not independent of the human will. The accident was caused either through the
    negligence of the driver or because of mechanical defects in the tire. Common
    carriers should teach their drivers not to overload their vehicles, not to exceed safe
    and legal speed limits, and to know the correct measures to take when a tire blows
    up thus insuring the safety of passengers at all times
     the source of a common carrier's legal liability is the contract of carriage, and
    by entering into the said contract, it binds itself to carry the passengers safely as
    far as human care and foresight can provide, using the utmost diligence of a very
    cautious person, with a due regard for all the circumstances. The records show that
    this obligation was not met by the respondents
     respondents likewise argue that the petitioner cannot recover any amount for
    failure to prove such damages during the trial
    o findings of facts of the City Court of Cebu

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