Mr. & Mrs. Engracio Fabre, Jr. v. Court of Appeals

Summary

This Supreme Court case involved a bus accident that left passenger Amyline Antonio permanently paralyzed. Bus owners Engracio Fabre Jr. and driver Porfirio Cabil were hired to transport church members to La Union. The accident occurred when the inexperienced driver, traveling at excessive speed (50 kph vs. recommended 20 kph) on an unfamiliar, rainy road, failed to navigate a sharp curve. The Court held both the owners and driver jointly and severally liable under two theories: quasi-delict for the driver's gross negligence and the owners' failure in employee selection/supervision, and breach of contract of carriage as common carriers who owed extraordinary diligence. The decision clarified that occasional transportation services still constitute common carriage under Article 1732, and that common carriers cannot escape liability by proving due diligence in employee selection. The Court awarded P500,000 in compensatory damages along with actual, moral, and exemplary damages, establishing important precedents for transportation liability and joint liability of carriers and their negligent employees.