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PHILIPPINE RABBIT BUS LINES V.

IAC, 189 SCRA 158 (1990)

FACTS.
1.The passengers boarded the jeep owned by the Mangune Spouses and driven by Manalo to bring them to Carmen
Rosales Pangasinan.
2. Upon reaching barrio Sinayoan Tarlack,The right rear wheel of the truck was detouch so the driver steps on the
brake as a result of which, the jeep
who is running unbalance made a uturn so that the front part face the south where it come from and its rear face the
north where it is going.
3. The bus of the petitioner driven by Delos Reyes bump the jeep resulting in the death of the three passengers of the
jeepney and injuries to others.
4. The two drivers was charged of multiple homicide before the MTC of SanMiguel Tarlack.
5. A probable cause was found with respect to the case of Manalo and the case of Delos Reyes was dismissed and
Manalo was convicted By the court of first
instance of Pangasinan.
6. Then the heirs of the deceased passengers filed a complaint for recovery of civil damages before the court of first
instance impleading both the defendant
and the respondent.
7. the CFI found Manalo guilty of negligence but this was reverse by the IAC.
ISSUE.
Who is liable for the death and physical injuries suffered by the passengers of the jeepney?

HELD

According to the supreme court, The IAC erred in applying the doctrine of last clear chance in this case because this
doctrine applies only in a suit between
the owners and drivers of two colliding vihicles and not in a suit where passengers demand responsibility from a carries
to enforce its contractual obligation.
So the decision of the IAC was set aside and the decision of the CFI was reinstated.

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