Facts:
Navarro is a passenger of one of the buses owned and operated by the petitioner. While on its way to its destination, the bus collided with another vehicle, causing serious physical injuries with subsequent post-traumatic psychosis which might incapacitate the respondent for life. In their answer, the petitioner admitted the occurrence of the accident and the injuries received by the respondent but disclaimed responsibility for the accident. The petitioner also contends that they cannot be held civilly liable for the reason that the Court of First Instance had dismissed the criminal charges against the driver of the bus involved in the accident.
Issue:
WoN the petitioner is liable for damages?
Ruling:
(Article 1172, 1173)
Yes, the petitioner is liable for damages.
The action was not based on tort or quasi-delict but was one for breach of a carrier's contract, there being a clear distinction between culpa as a source and creator of obligations (aquiliana) and culpa in the performance of an already existing obligation (contractual).
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