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    SPOUSES DIONISIO ESTRADA and JOVITA R.docx 203902

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    Marshan Gualberto
    The petitioners filed a complaint for damages against Philippine Rabbit Bus Lines, Inc. and its driver Eduardo Saylan resulting from a motor vehicle collision. Petitioner Dionisio Estrada, a passenger of the Philippine Rabbit bus, suffered injuries in the accident that required the amputation of his right arm. He argued the respondents breached their contract of carriage by failing to safely transport him. The Supreme Court ruled that moral damages cannot be recovered in this case for the breach of contract. While moral damages may arise from wrongful acts, there was no clear and convincing evidence that Philippine Rabbit acted in bad faith or with fraud in breaching the contract of carriage.

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    SPOUSES DIONISIO ESTRADA and JOVITA R.docx 203902

    Uploaded by

    Marshan Gualberto
    78 views2 pages
    The petitioners filed a complaint for damages against Philippine Rabbit Bus Lines, Inc. and its driver Eduardo Saylan resulting from a motor vehicle collision. Petitioner Dionisio Estrada, a passenger of the Philippine Rabbit bus, suffered injuries in the accident that required the amputation of his right arm. He argued the respondents breached their contract of carriage by failing to safely transport him. The Supreme Court ruled that moral damages cannot be recovered in this case for the breach of contract. While moral damages may arise from wrongful acts, there was no clear and convincing evidence that Philippine Rabbit acted in bad faith or with fraud in breaching the contract of carriage.

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    The petitioners filed a complaint for damages against Philippine Rabbit Bus Lines, Inc. and its driver Eduardo Saylan resulting from a motor vehicle collision. Petitioner Dionisio Estrada, a passenger of the Philippine Rabbit bus, suffered injuries in the accident that required the amputation of his right arm. He argued the respondents breached their contract of carriage by failing to safely transport him. The Supreme Court ruled that moral damages cannot be recovered in this case for the breach of contract. While moral damages may arise from wrongful acts, there was no clear and convincing evidence that Philippine Rabbit acted in bad faith or with fraud in breaching the contract of carriage.

    Copyright:

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

    SPOUSES DIONISIO ESTRADA and JOVITA R.docx 203902

    Uploaded by

    Marshan Gualberto
    The petitioners filed a complaint for damages against Philippine Rabbit Bus Lines, Inc. and its driver Eduardo Saylan resulting from a motor vehicle collision. Petitioner Dionisio Estrada, a passenger of the Philippine Rabbit bus, suffered injuries in the accident that required the amputation of his right arm. He argued the respondents breached their contract of carriage by failing to safely transport him. The Supreme Court ruled that moral damages cannot be recovered in this case for the breach of contract. While moral damages may arise from wrongful acts, there was no clear and convincing evidence that Philippine Rabbit acted in bad faith or with fraud in breaching the contract of carriage.

    Copyright:

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

    SPOUSES DIONISIO ESTRADA and JOVITA R. ESTRADA vs.

    PHILIPPINE RABBIT BUS LINES, INC. and EDUARDO R. SA YLAN


    G.R. NO. 203902
    July 19, 2017
    FACTS:

    On April 13, 2004, petitioners filed with the Regional Trial Court (RTC) of Urdaneta City,
    Pangasinan, a Complaint5for Damages against Philippine Rabbit and respondent
    Eduardo R. Saylan (Eduardo). A mishap occurred on April 9, 2002 along the national
    highway in Barangay Alipangpang, Pozorrubio, Pangasinan, between the passenger
    bus with plate number CVK-964 and body number 3101, driven by [respondent]
    Eduardo Saylan and owned by [respondent] Philippine Rabbit Bus, Lines, Inc., and the
    Isuzu truck with plate number UPB-974 driven by Willy U. Urez and registered in the
    nan1e of Rogelio Cuyton, Jr.. At the time of the incident, the Philippine Rabbit Bus was
    going towards the north direction, while the Isuzu truck was travelling towards the south
    direction. The collision happened at the left lane or the lane properly belonging to the
    Isuzu truck. The right front portion of the Isuzu Truck appears to have collided with the
    right side portion of the body of the Philippine Rabbit bus. x x x Before the collision, the
    bus was following closely a jeepney. When the jeepney stopped, the bus suddenly
    swerved to the left encroaching upon the rightful lane of the Isuzu truck, which resulted
    in the collision of the two (2) vehicles. x x x The [petitioner] Dionisio Estrada, who was
    an1ong the passengers of the Philippine Rabbit bus, as evidenced by the ticket issued
    to him, was injured on the [right] arm as a consequence of the accident. His injured right
    arm was amputated at the Villaflor Medical Doctor's Hospital in Dagupan City x x x. For
    the treatment of his injury, he incurred expenses as evidenced by x x x various receipts.
    Dionisio argued that pursuant to the contract of carriage between him and Philippine
    Rabbit, respondents were duty-bound to carry him safely as far as human care and
    foresight can provide, with utmost diligence of a very cautious person, and with due
    regard for all the circumstances from the point of his origin in Urdaneta City to his
    destination in Pugo, La Union. However, through the fault and negligence of Philippine
    Rabbit's driver, Eduardo, and without human care, foresight, and due regard for all
    circumstances, respondents failed to transport him safely by reason of the
    aforementioned collision which resulted in the amputation of Dionisio's right arm. And
    since demands for Philippine Rabbit7 to pay him damages for the injury he sustained
    remained unheeded, Dionisio filed the said complaint wherein he prayed for the
    following awards: moral damages of ₱500,000.00 actual damages of ₱60,000.00, and
    attorney's fees of ₱25,000.00.

    ISSUE/S:
    1. Whether or not there can be a recovery of moral damages from the breach of
    contract in this case

    RULING:

    NO. Moral damages include physical suffering, mental anguish, fright, serious anxiety,
    besmirched reputation, wounded feelings, moral shock, social humiliation, and similar
    injury. Though incapable of pecuniary computation, moral damages may be recovered if
    they are the proximate result of the defendant's wrongful act or omission. It has been
    held, however, that "allegations of bad faith and fraud must be proved by clear and
    convincing evidence."38 They are never presumed considering that they are serious
    accusations that can be so conveniently and casually invoked. 39 And unless
    convincingly substantiated by whoever is alleging them, they amount to mere slogans or
    mudslinging.40 In this case, the fraud or bad faith that must be convincingly proved by
    petitioners should be one which was committed by Philippine Rabbit in breaching its
    contract of carriage with Dionisio. Unfortunately for petitioners, the Court finds no
    persuasive proof of such fraud or bad faith.

    There is no showing here that Philippine Rabbit induced Dionisio to enter into a contract
    of carriage with the former through insidious machination. Neither is there any indication
    or even an allegation of deceit or concealment or omission of a

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