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Philtranco Service Enterprises, Inc. vs. Paras and Inland Trailways, Court of Appeals

PHILTRANCO SERVICE ENTERPRISES, INC., PETITIONER, VS. FELIX PARAS AND INLAND TRAILWAYS, INC., AND HON. COURT OF APPEALS, RESPONDENTS.

G.R. No. 161909 | 2012-04-25

FIRST DIVISION
D E C I S I O N
 
BERSAMIN, J.:
 
In an action for breach of contract of carriage commenced by a passenger against his common carrier, the plaintiff can recover damages from a third-party defendant brought into the suit by the common carrier upon a claim based on tort or quasi-delict. The liability of the third-party defendant is independent from the liability of the common carrier to the passenger.
 
Philtranco Service Enterprises, Inc. (Philtranco) appeals the affirmance with modifications by the Court of Appeals (CA) of the decision of the Regional Trial Court (RTC) awarding moral, actual and temperate...