Jose Sanico v. Werherlina P. Colipano

Summary

This case involved a breach of contract of carriage when passenger Werherlina Colipano suffered leg amputation after being seated on an improvised beer case seat in a jeepney that slid backwards due to engine failure. The Supreme Court held that only the jeepney operator Jose Sanico, not the driver Vicente Castro, was liable for breach of contract since Castro was merely an employee and not a party to the carriage contract. The Court found Sanico failed to rebut the presumption of negligence under Civil Code Article 1756, as allowing the dangerous seating arrangement constituted failure to exercise extraordinary diligence required of common carriers. An Affidavit of Desistance executed by Colipano was declared void for being contrary to public policy, as she did not understand the English document's contents. The Court awarded P212,000.00 compensatory damages for loss of earning capacity, correcting the age calculation used in the formula, plus actual damages and 6% annual interest.