July 6, 2009

BLTB BUS LINE VS. IAC. G.R. Nos. 74387-90 November 14, 1988. A TRANSPORTATION CASE. BY C Y.

BLTB BUS LINE VS. IAC.

FACTS.

1. A bltb bus driven by Pan and a superlines bus driven by Dasco Collided in the highway of Iasabong Quezon when the Bltb bus left its lane to overtake
a ford fiera car.
2. The collision resulted in the death of the three passengers and injuries to other passengers of the Bltb bus.
3. The passengers of the Bltb bus instituted a separate cases against the Bltb and the Superlines before the court of first instance of Marindoque.
4. The Bltb and Superlines denied any civil liability and shifted the fault to each other and interposes cross claim and counter claim.
5. The court exonerated the Superlines and its driver Dasco from any liability and attributed the sole liability to the Bltb.
6. Petitioner filed an appeal to the Court of appeals who affirmed the decision of the lower court.
7. Petitioner filed a petitioner for certiorari before the supreme court arguing that if the intention of the private respondent is to file an action based
on culpa contractual or breach of contract of carriage, they could have done so by impleading the Bltb and its driver Pan Before the Trial Court.

Issue:

Whether or notThe Iac is correct in affirming the decision of the lower court.
According to the supreme court, The decision of the Iac shows that it anchored petitioner both on culpa contractual and culpa aquiliana for the proximate
cause of the collision which resulted in the death of the three passengers and injuries to other passengers of the Bltb bus was due to the negligence of
its driver.
So the appealed decision is affirmed.

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