Sarkies Tours Phils. V.
IAC
Facts:
On August 31, 1984, Fatima
boarded petitioner’s bus from Manila to Legazpi. Her belongings consisting of 3
bags were kept at the baggage compartment of the bus, but during the stopover
in Daet, it was discovered that only one remained. The others might have
dropped along the way. Other passengers suggested having the route traced, but
the driver ignored it. Fatima immediately told the incident to her mother, who
went to petitioner’s office in Legazpi and later in Manila. Petitioner offered
P1,000 for each bag, but she turned it down. Disapointed, she sought help from
Philtranco bus drivers and radio stations. One of the bags was recovered. She
was told by petitioner that a team is looking for the lost luggage. After nine
months of fruitless waiting, respondents filed a case to recover the lost
items, as well as moral and exemplary damages, attorney’s fees and expenses of
litigation. The trial court ruled in favor of respondents, which decision was
affirmed with modification by the Court of Appeals, deleting moral and
exemplary damages.
Issues:
(1) Whether petitioner is liable
for the loss of the luggage
(2) Whether the damages sought
should be recovered
Held:
(1) The cause of the loss in the
case at bar was petitioner's 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.
(2) There is no dispute that of
the three pieces of luggage of Fatima, only one was recovered.
Respondents had
to shuttle between Bicol and Manila in their efforts to be compensated for the
loss. During the trial, Fatima and Marisol had to travel from the United States
just to be able to testify. Expenses were also incurred in reconstituting their
lost documents. Under these circumstances, the Court agrees with the Court of
Appeals in awarding P30,000.00 for the lost items and P30,000.00 for the
transportation expenses, but disagrees with the deletion of the award of moral
and exemplary damages which, in view of the foregoing proven facts, with
negligence and bad faith on the fault of petitioner having been duly
established, should be granted to respondents in the amount of P20,000.00 and
P5,000.00, respectively.
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