Thursday, February 23, 2012

Del Castillo v. Jaymalin (112 SCRA 629)

Facts: Mario a deaf mute is a son of Petitioner Del Castillo. They are paying passengers of defendant Bicol Transportation operated by A.L Ammen Transportation. Mario fell upon alighting from the bus and died. 

An action for damages was filed against the driver, conductor and bus companies. The court rendered a judgment in favor of the respondent. Trial court dismissed the petition based solely that damages and liability of the carrier is based on the earning capacity of the victim. In the case at bar, the court considered there is no loss of earning capacity considering the victim was deaf-mute. 

Issue: Whether or not the bus employees are liable for damages. 

Held: Common carriers are responsible for the death of their passengers as provided in Articles 1964 and 2206 of the Civil Code. It includes the loss of the deceased earning capacity. The conductor was told and knowledgeable of passenger Mario being deaf and dumb. The court held that the conductor should have taken extraordinary care for the safety of the said deaf passenger. Court procedure demands that the case be remanded to the lower court for determination of the amount of damages to be awarded. However, the court considered the pendency of the case being on roll for 13 years. The Supreme Court determined the damages at Php12,000 as indemnity for the victims death without interest and Php2,000 attorney;s fees. The loss of earning capacity is not awarded since the victim is deaf-mute.

Digg Google Bookmarks reddit Mixx StumbleUpon Technorati Yahoo! Buzz DesignFloat Delicious BlinkList Furl

0 comments: on "Del Castillo v. Jaymalin (112 SCRA 629)"

Post a Comment