GR L 9907; (June, 1958) (Digest)
G.R. No. L-9907; June 30, 1958
LOURDES J. LARA, ET AL., plaintiffs-appellants, vs. BRIGIDO R. VALENCIA, defendant-appellant.
FACTS
Demetrio Lara, Sr., a Bureau of Forestry inspector, went to defendant Brigido R. Valencia’s lumber concession in Parang, Cotabato, to classify logs for export. After six days of work, during which he contracted malaria fever, Lara urgently needed to return to Davao. Due to a lack of available public transportation, Lara requested and was granted a ride in Valencia’s pick-up truck as an accommodation passenger, paying no fare. Other passengers also rode along. The initial plan was for the passengers to alight at barrio Samoay to take a bus, but as no bus was available, they requested and were allowed to continue with Valencia to Davao. During the trip, Lara, who was seated on a bag in the middle of the truck bed with his head covered by a jacket, accidentally fell from the moving vehicle at Km. 96, barrio Catidtuan, suffering fatal injuries. Plaintiffs, Lara’s heirs, sued for damages based on alleged negligence. The trial court found defendant negligent and awarded moral damages, exemplary damages, and attorney’s fees. Both parties appealed.
ISSUE
Whether defendant Brigido R. Valencia, as the owner and driver of the vehicle, was negligent and therefore liable for damages for the death of Demetrio Lara, Sr., who was an accommodation passenger.
RULING
No. The Supreme Court reversed the trial court’s decision, holding that defendant was not negligent. The deceased was an accommodation passenger or invited guest. Consequently, the defendant owed only the duty to exercise reasonable or ordinary care, not the extraordinary diligence required of a common carrier under the Civil Code. The Court found that defendant had exercised such ordinary care: he had invited Lara to sit in the safer front seat, which Lara declined; the seating arrangements were chosen by the passengers themselves; and the defendant accommodated the passengers as a favor. The accident was deemed an unforeseen event, likely caused by the deceased’s own condition (being half-asleep and ill) and the rough road conditions, not by the defendant’s driving. The Court also noted that a passenger has a duty to observe the diligence of a good father of a family to avoid injury to himself. Therefore, defendant was exempt from liability.