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Bacarro vs Castano
Bestsellers Uploaded by Maiti Lagos on Feb 15,
2014

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ROSITO Z. BACARRO, WILLIAM SEVILLA, and FELARIO MONTEFALCON, petitioners,

vs.

GERUN@IO B. CASTA!O, and t"e COURT OF A##EALS, respondents.

ER:
• Castaño boarded a jeep being driven by Montefalcon. While approaching Sumasap
@ridge! a cargo truc" coming from behind ble# its horn to signal its intention to overta"e
the jeep. $he jeep gave #ay by s#erving to the right! such that both vehicles ran side by
side for a distance of around t#enty %&'( meters! and that thereafter as the jeep #as left
behind! its driver #as unable to return it to its former lane and instead it obli)uely ran unto
an inclined terrain to#ards the right until it fell into a ditch pinning do#n and crushing
Castaño*s right leg in the process.
• W+, Montefalcon #as negligent- Nes! the fact is Montefalcon did not slac"en his speed.
/e should have foreseen that at the speed he #as running! the vehicles #ere getting
nearer the bridge and as the road #as getting narro#er! the truc" #ould be too close to
the jeep and #ould eventually sides#iped it.
• W+, only diligence of a good father of a family is re)uired of Montefalcon- ,o! reliance
on 0rt. 1234 is misplaced. $here #as a contract of carriage hence e5tra6ordinary
diligence is re)uired of the common carrier as provided for in 0rts. 1244! 1277 and 1233
of the Civil Code.
• 8ndeed! the ha9ards of modern transportation demand e5traordinary diligence. 0 common
carrier is vested #ith public interest. Znder the ne# Civil Code! instead of being re)uired
to e5ercise mere ordinary diligence a common carrier is e5horted to carry the passengers
safely as far as human care and foresight can provide ;using the utmost diligence of very
cautious persons.< %0rticle 1277(. +nce a passenger in the course of travel is injured! or
does not reach his destination safely! the carrier and driver are presumed to be at fault.

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•
and
boarded the jeep more bound for ?imene9! Misamis +riental. $he jeep
at +ro)uieta
Scribd #as filled to capacity! #ith 1& passengers in total.
Useful Not useful
$he
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•jeep #as running )uite fast and #hile itView#as approaching the Sumasap bridge! there
#as a cargo truc" #ho ble# its horn! signaling its intent to overta"e.
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$he jeep gave #ay! by s#erving to the right! but it did not change speed %@' "mAhr(. $he
•

cargo truc" and the jeep #ere running side by side for a distance of around &' meters.
$he driver of the jeep #as not able to return the jeep to the proper lane and instead ran
obli)uely to#ards the canal until it fell into the ditch.
When the jeep #as running on the side of the road! the road #as inclined a little and
•

Castaño #as pushed out#ard by the passengers beside him such that he #as clinging
#ith his leg and half of his body outside the jeep.