GR L-25292, 29 November 1969)
FACTS: In the evening of 13 August 1955, the spouses Ramon and Josefina Dagamanuel boarded a bus at Manicahan, Zamboanga City, to attend a benefit dance at the Bunguiao Elementary School, also in Zamboanga City, where Josefina was a public school teacher. After the dance, the couple boarded the same bus to return to Manicahan. At around 1 a.m. of 14 August 1955, the bus (1955 TPU-1137), and driven by Valeriano Marcos, fell off the road and pinned to death the said spouses and several other passengers.
Jose Mario Dagamanuel, the only child of the deceased spouses, through his maternal grandmother as guardian ad-litem, Pascuala Julian de Punzalan, instituted an action against Zamboanga Transportation Co., Inc. (Zamtanco) and the Zamboanga Rapids Co., Inc. (Zambraco) for breach of contract of carriage, alleging that the accident was due to the fault and negligence of the driver in operating the bus and due to the negligence of the companies in their supervision of their driver. the trial court rendered judgment sentencing the three, jointly and severally, to indemnify the private respondents. The CA affirmed the decision of the court a quo.
ISSUE: Whether or not Zamtranco and Zambraco are jointly and severally liable.
HELD: Yes.
While it is true that according to previous decisions of the Supreme Court, transfer of a certificate of public convenience to operate a transportation service is not effective and binding insofar as the responsibility of the grantee under the franchise in its relation to the public is concerned, without the approval of the transfer by the Public Service Commission required by the Public Service Act, and that in contemplation of law, the transferor of such certificate continues to be the operator of the service as long as the transfer is not yet approved, and as such operator, he is the one responsible jointly and severally with his driver for damages incurred by passengers or third persons in consequence of injuries or deaths resulting from the operation of such service, the Court does not find any need for applying these rulings to the present case for the simple reason that in their respective third-party complaints, the companies both admitted separately that they are the owners of the bus involved in the incident in question and that Valeriano Marcos, the driver of said bus at the time of said incident, was in their employ.
Jose Mario Dagamanuel, the only child of the deceased spouses, through his maternal grandmother as guardian ad-litem, Pascuala Julian de Punzalan, instituted an action against Zamboanga Transportation Co., Inc. (Zamtanco) and the Zamboanga Rapids Co., Inc. (Zambraco) for breach of contract of carriage, alleging that the accident was due to the fault and negligence of the driver in operating the bus and due to the negligence of the companies in their supervision of their driver. the trial court rendered judgment sentencing the three, jointly and severally, to indemnify the private respondents. The CA affirmed the decision of the court a quo.
ISSUE: Whether or not Zamtranco and Zambraco are jointly and severally liable.
HELD: Yes.
While it is true that according to previous decisions of the Supreme Court, transfer of a certificate of public convenience to operate a transportation service is not effective and binding insofar as the responsibility of the grantee under the franchise in its relation to the public is concerned, without the approval of the transfer by the Public Service Commission required by the Public Service Act, and that in contemplation of law, the transferor of such certificate continues to be the operator of the service as long as the transfer is not yet approved, and as such operator, he is the one responsible jointly and severally with his driver for damages incurred by passengers or third persons in consequence of injuries or deaths resulting from the operation of such service, the Court does not find any need for applying these rulings to the present case for the simple reason that in their respective third-party complaints, the companies both admitted separately that they are the owners of the bus involved in the incident in question and that Valeriano Marcos, the driver of said bus at the time of said incident, was in their employ.
There is no application of the ruling in the previous cases to the present case. There, the registered owners invariably sought to pass on liability to the actual operators on the pretext that they had already sold or transferred their units to the latter, whereas in the present case, the registered owner, the Zambraco, admits whatever liability it has and vigorously objects to any finding that the actual operator, the Zamtranco, is also liable with it, claiming that as registered owner, it alone should be adjudged liable. We would not inquire into the motive of the Zambraco why instead of sharing whatever liability it has with the Zamtranco, it prefers to shoulder it alone. But the fact stands out in bold relief that although still the registered owner at the time of the accident, it had already sold the vehicle to Zamtranco and the latter was actually operating it.
For the better protection of the public that both the owner of record and the actual operator, as held by the Court in the past, should be adjudged jointly and severally liable with the driver (see Dizon vs. Octavio, et al., 51 O.G. No. 8, 4059-4061; Castanares vs. Pages, CA-G.R. 21809-R, March 8, 1962; Redado vs. Bautista, CA-G.R. 19295-R, Sept. 19, 1961; Bering vs. Noeth, CA-G.R. 28483-R, April 29, 1965).
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