Sarkies Tours Vs CA
Uploaded by
quasideliksSarkies Tours Vs CA
Uploaded by
quasideliksSarkies Tours Philippines vs CA
Gr no 108897 October 2, 1997
Facts:
Fatima boarded Sparkies tour bus on her way to Legazpi City. She had her 3 pieces
luggage containing all of her optometry review books, materials and equipment,
trial lenses, trial contact lenses, passport and visa, as well as her mother Marisols
US immigration green card, among other important documents and personal
belongings loaded in the bus luggage compartment. During a stopover at Daet, it
was discovered that only one bag remained in the open compartment. The others,
including Fatimas things, were missing and might have dropped along the way.
Fatima filed an action against Sparkies, claiming that the loss was due to its failure
to observe extraordinary diligence in the care of her luggage and that Sparkies
Tours dealt with them in bad faith from the start.
Issue:
W/n sarkies tours is liable
Held:
Yes, common carriers, from the nature of their business and for reasons of public
policy, are bound to observe extra ordinary diligence in the vigilance over the goods
transported by them and this liability lasts from the time the goods are
unconditionally placed in the possession of, and received by the carrier for
transportation until the same are delivered, actually or constructively, by the carrier
to the person who has a right to receive them, unless the loss is due to any of the
expected causes under Art. 1734. The cause of the loss was Sparkies tours
negligence in not ensuring that the doors of the baggage compartment of its bus
were securely fastened. As a result of this lack of care, almost all of the luggage was
lost, to the prejudice of the paying passengers.
