Petitioner
Alfredo Mallari Sr.
Respondent
Court of Appeals
Citation
G.R. No. 128607
Court
Supreme Court
Division
Second Division
Ponente
Bellosillo, J.
Decided
January 31, 2000

Summary

This case involves a vehicular collision between a passenger jeepney and delivery van that resulted in the death of passenger Israel Reyes. The trial court initially found the delivery van driver negligent, but the Court of Appeals reversed this, finding sole negligence on the part of jeepney driver Alfredo Mallari Jr. who overtook a vehicle at a highway curve in violation of traffic regulations. The Supreme Court affirmed the appellate court's decision, applying the presumption of negligence under Civil Code Article 2185 for traffic violations and holding both the driver and jeepney owner liable under common carrier principles. The case establishes important precedent on common carrier liability, traffic regulation violations as basis for negligence, and the extraordinary diligence standard required of public utility vehicles in passenger transportation.

Statutes applied

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By Intellegal Editorial Board · January 31, 2000

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