Petitioner
Reynalda Gatchalian
Respondent
Arsenio Delim
Citation
G.R. No. 56487
Court
Supreme Court
Division
Third Division
Ponente
Feliciano, J.
Decided
October 21, 1991

Summary

This case involves the liability of a common carrier owner for injuries sustained by a passenger in a vehicular accident. Reynalda Gatchalian was injured when Arsenio Delim's mini-bus overturned after mechanical problems evidenced by repeated 'snapping sounds.' While hospitalized, Gatchalian signed a Joint Affidavit seemingly waiving claims against Delim, but later filed suit for damages. The trial court dismissed based on the waiver, and the Court of Appeals affirmed dismissal despite finding no valid waiver. The Supreme Court reversed, holding that no valid waiver existed due to unclear language and questionable circumstances of signing. The Court found Delim grossly negligent for failing to maintain the vehicle and applied the statutory presumption of negligence against common carriers. The decision emphasized that common carriers must exercise extraordinary diligence and that waivers of liability must be strictly construed against carriers to protect public policy. Gatchalian was awarded damages for plastic surgery costs, moral damages, and attorney's fees.

Statutes applied

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By the Intellegal Editorial Board · October 21, 1991

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