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    Kapalaran Bus Line Vs Coronado

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    Darby Mar
    Kapalaran Bus Line (KBL) was found liable for damages from a collision between its bus and a jeepney. An eyewitness testified that the jeepney had the right of way when it entered the intersection, but the KBL bus failed to stop in time and collided with the jeepney. The court ruled that the KBL driver's gross negligence in failing to stop presumes negligence on the part of KBL in selecting or supervising its driver. KBL was unable to rebut this presumption of negligence and was held liable for damages.

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    Kapalaran Bus Line Vs Coronado

    Uploaded by

    Darby Mar
    64 views1 page
    Kapalaran Bus Line (KBL) was found liable for damages from a collision between its bus and a jeepney. An eyewitness testified that the jeepney had the right of way when it entered the intersection, but the KBL bus failed to stop in time and collided with the jeepney. The court ruled that the KBL driver's gross negligence in failing to stop presumes negligence on the part of KBL in selecting or supervising its driver. KBL was unable to rebut this presumption of negligence and was held liable for damages.

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    77773696-Kapalaran-Bus-Line-vs-Coronado.doc

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    Kapalaran Bus Line (KBL) was found liable for damages from a collision between its bus and a jeepney. An eyewitness testified that the jeepney had the right of way when it entered the intersection, but the KBL bus failed to stop in time and collided with the jeepney. The court ruled that the KBL driver's gross negligence in failing to stop presumes negligence on the part of KBL in selecting or supervising its driver. KBL was unable to rebut this presumption of negligence and was held liable for damages.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    64 views1 page

    Kapalaran Bus Line Vs Coronado

    Uploaded by

    Darby Mar
    Kapalaran Bus Line (KBL) was found liable for damages from a collision between its bus and a jeepney. An eyewitness testified that the jeepney had the right of way when it entered the intersection, but the KBL bus failed to stop in time and collided with the jeepney. The court ruled that the KBL driver's gross negligence in failing to stop presumes negligence on the part of KBL in selecting or supervising its driver. KBL was unable to rebut this presumption of negligence and was held liable for damages.

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    © All Rights Reserved
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    of 1

    KAPALARAN BUS LINE vs.

    CORONADO
    (G.R. No. 85331; August 25, 1989)

    Legal Issue:
    Whether or not KAPALARAN BUS LINE (KBL) is liable for damages
    from the collision.

    Facts of the Case:

    The jeepney driven by Lope Grajera was then coming from Pila, Laguna and
    traversing the an old highway towards Sta. Cruz collided with a KBL bus driven by its
    regular driver Virgilio Llamoso. As testified to by Atty. Conrado L. Manicad who was
    driving a Mustang car coming from the direction of Sta. Cruz and proceeding towards the
    direction of Manila, he stopped at the intersection to give way to the jeepney driven by
    Grajera. The sketch marked very clearly that the jeepney had already traversed the
    intersection when it met the KBL bus head-on. It is also obvious that the point of impact
    was on the right lane of the highway which is the lane properly belonging to the jeepney.
    Judging from the testimony of Atty. Conrado L. Manicad and the sketch (Exhibit 'E'), the
    sequence of events shows that the first vehicle to arrive at the intersection was the
    jeepney. Seeing that the road was clear, the jeepney which had stopped at the intersection
    began to move forward, and for his part, Atty. Manicad stopped his car at the intersection
    to give way to the jeepney. The KBL bus had no more room within which to stop without
    slamming into the rear of the vehicle behind the car of Atty. Manicad. The KBL driver
    chose to gamble on proceeding on its way, unfortunately, the jeepney driven by Grajera,
    which had the right-of-way, was about to cross the center of the highway and was directly
    on the path of the KBL bus. The impact indicates that the KBL bus was travelling at a
    fast rate of speed because, after the collision, it did not stop; it travelled for another 50
    meters and stopped only when it hit an electric post.

    Ruling of the Court:


    YES. KBL is liable for the damages in the collision.

    Reason behind the Ruling:

    The patent and gross negligence on the part of the petitioner Kapalaran's driver
    raised the legal presumption that Kapalaran as employer was guilty of negligence either
    in the selection or in the supervision of its bus driver, where the employer is held liable
    for damages; it has of course a right of recourse against its own negligent employee. The
    liability of the employer under Article 2180 of the Civil Code is direct and immediate; it
    is not conditioned upon prior recourse against the negligent employee and a prior
    showing of the insolvency of such employee. So far as the record shows, petitioner
    Kapalaran was unable to rebut the presumption of negligence on its own part. The award
    of moral damages against petitioner Kapalaran is not only entirely in order; it is also quite
    modest consideirng Dionisio Shinyo's death during the pendency of this petition, a death
    hastened by, if not directly due to, the grievous injuries sustained by him in the violent
    collision.

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