SABIDO AND LAGUNDA V CUSTODIO, ET ALFACTS In Barrio Halang, , two trucks, one driven by Mudales and belonging to Laguna- Tayabas Bus Company, and the other driven by Lagunda and owned by rospero!abido, going in opposite directions met each other in a road curve" Custodia, LTBbus passenger who was riding on the running board as truck was #ull o# passengers,was sideswiped by the truck driven by Lagunda" $s a result, Custodio was in%uredand died" To avoid any liability, Lagunda and !abido throw all the blame on Mudales" However,Makabuhay, widow o# Custodio, testi&ed that the ' ( ' truck was running #ast whenit met the LTB Bus" $nd Lagunda had time and opportunity to avoid the mishap i# hehad been su)ciently care#ul and cautious because the two trucks never collidedwith each other" By simply swerving to the right side o# the road, the ' ( ' truckcould have avoided hitting Custodio" The sideswiping o# the deceased and his two #ellow passengers took place on broaddaylight at about *+ in the morning o# .une *, /*00 when the LTB bus with #ull loadto passengers was negotiating a sharp curve o# a bumpy and sliding downward aslope, whereas the si( by si( truck was climbing up with no cargoes or passengerson board but #or three helpers, owner !abido and driver Lagunda 1tsn" 2- *,Mendo3a4" LTB passengers had testi&ed to the e5ect that the ' ( ' cargo truck wasrunning at a #ast rate o# speed" 6river Lagunda admitted that three passengers rodeon the running board o# the bus when his vehicle was still at a distance o# 0 or 7meters #rom the bus" 6espite the presence o# a shallow canal on the right side o# theroad which he could pass over with ease, Lagunda did not avert the accident simplybecause to use his own language the canal 8is not a passage o# trucks"Based upon these #acts, the Court o# 9irst Instance o# Laguna and the Court o# $ppeals concluded that the Laguna-Tayabas Bus Co" : hereina#ter re#erred to as thecarrier : and its driver Mudales 1none o# whom has appealed4, had violated thecontract o# carriage with $gripino Custodio, whereas petitioners ! abido and Lagundawere guilty o# a quasi delict , by reason o# which all o# them were held solidarityliable" ISSUES /" ;<= petitioners were guilty o# negligence>" ;<= petitioners should be held solidarily liable with the carrier and its drive

Sabido and Lagunda v Custodio

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SABIDO AND LAGUNDA V CUSTODIO, ET ALFACTSIn Barrio Halang, , two trucks, on !ri"n #$ %u!als an! #longing to Laguna& Ta$a#as Bus Co'(an$, an! t) ot)r !ri"n #$ Lagun!a an! own! #$ros(ro* a#i!o, going in o((osit !irctions 't ac) ot)r in a roa! cur"+ Custo!ia, LTB#us(assngr w)o was ri!ing on t) running #oar! as truck was ,ull o, (assngrs,was si!swi(! #$ t) truck !ri"n #$ Lagun!a+ -s a rsult, Custo!io was in.ur!an! !i!+ To a"oi! an$ lia#ilit$, Lagun!a an! *a#i!o t)row all t) #la'on %u!als+ How"r,%aka#u)a$, wi!ow o, Custo!io, tsti/! t)at t) 0 1 0 truck was running ,ast w)nit 't t) LTB Bus+ -n! Lagun!a )a! ti' an! o((ortunit$ to a"oi! t) 'is)a( i, ))a! #n su2cintl$ car,ul an! cautious #caus t) twotrucks n"r colli!!wit) ac) ot)r+ B$ si'(l$ swr"ing to t) rig)t si! o, t) roa!, t) 0 1 0 truckcoul! )a" a"oi!! )itting Custo!io+T) si!swi(ing o, t) !cas! an! )is two ,llow (assngrs took (lac on #roa!!a$lig)t at a#out 345in t) 'orning o, 6un 3, 7388 w)n t) LTB #us wit) ,ull loa!to (assngrswas ngotiating a s)ar( cur" o, a #u'($ an! sli!ing !ownwar! aslo(, w)ras t) si1 #$ si1 truck was cli'#ing u( wit) no cargos or (assngrson #oar! #ut ,or t)r )l(rs, ownr *a#i!o an! !ri"r Lagun!a 9tsn+ 5 :&5 3,%n!o;ari"r Lagun!a a!'itt! t)at t)r (assngrs ro!on t) running #oar! o, t) #us w)n )is ")icl was still at a !istanc o, 8 or ?'trs ,ro' t) #us+ >s(it t) (rsnc o, a s)allow canal on t) rig)t si! o, t)roa! w)ic) )coul! (ass o"r wit) as, Lagun!a !i! not a"rt t) acci!nt si'(l$#caus to us)is own languag t) canal @is not a (assag o, trucks+Bas! u(on t)s ,acts, t) Court o, Airst Instanc o, Laguna an! t) Court o, -((als conclu!! t)at t)Laguna&Ta$a#as Bus Co+ B )rina,tr r,rr! to as t)carrir B an! its !ri"r %u!als 9non o, w)o' )as a((al!