Transpo Case Digests Passengers
Transpo Case Digests Passengers
Transpo Case Digests Passengers
|2018-2019|
Cases Doctrine
I. Extraordinary Diligence
Nocum vs Laguna Tayabas Issue: Whether or not appellant failed to exercise due diligence.
Appellee Herminio Nocun who
was a passenger in appellant's No.
Bus No. 120 then making a trip Article 1733 is not as unbending as His Honor has held, for it reasonably qualifies the
within the barrio of Dita, extraordinary diligence required of common carriers for the safety of the passengers
Municipality of Bay, Laguna, transported by them to be "according to all the circumstances of each case." In fact,
was injured as a consequence of Article 1755 repeats this same qualification: "A common carrier is bound to carry the
the explosion of firecrackers, passengers safely as far as human care and foresight can provide, using the utmost
contained in a box, loaded in diligence of very cautious persons, with due regard for all the circumstances."
said bus and declared to its
conductor as containing clothes Fairness demands that in measuring a common carrier's duty towards its passengers,
and miscellaneous items by a allowance must be given to the reliance that should be reposed on the sense of
co-passenger. The findings of responsibility of all the passengers in regard to their common safety. It is to be presumed
fact of the trial court are not that a passenger will not take with him anything dangerous to the lives and limbs of his
assailed. The appeal is purely co-passengers, not to speak of his own.
on legal questions.
Not to be lightly considered must be the right to privacy to which each passenger is
entitled. He cannot be subjected to any unusual search, when he protests the
innocuousness of his baggage and nothing appears to indicate the contrary, as in the case
at bar. In other words, inquiry may be verbally made as to the nature of a passenger's
baggage when such is not outwardly perceptible, but beyond this, constitutional
boundaries are already in danger of being transgressed.
Withal, what must be importantly considered here is not so much the infringement of the
fundamental sacred rights of the particular passenger herein involved, but the constant
threat any contrary ruling would pose on the right of privacy of all passengers of all
common carriers, considering how easily the duty to inspect can be made an excuse for
mischief and abuse. Of course, when there are sufficient indications that the
representations of the passenger regarding the nature of his baggage may not be true, in
the interest of the common safety of all, the assistance of the police authorities may be
solicited, not necessarily to force the passenger to open his baggage, but to conduct the
needed investigation consistent with the rules of propriety and, above all, the
constitutional rights of the passenger.
Mecenas vs IAC Issue: Whether or not Negros Navigation and Capt. Santisteban were grossly negligent.
by the Negros Navigation Manila on April 22, 1980 at about 1:00 p.m." This head-count of the passengers "did not
Co., Inc. (Negros include the 126 crew members, children below three (3) years old and two (2) half-paying
Navigation) left Manila passengers" which had been counted as one adult passenger. 17 Thus, the total number of
bound for Bacolod with persons on board the "Don Juan" on that ill-starred night of 22 April 1 980 was 1,004, or
seven hundred fifty (750) 140 persons more than the maximum lumber that could be safely carried by the "Don
passengers listed in its Juan," per its own Certificate of Inspection.
manifest, and a complete set
of officers and crew The grossness of the negligence of the "Don Juan" is underscored when one
members. considers the foregoing circumstances in the context of the following facts:
On the evening of that same Firstly, the "Don Juan" was more than twice as fast as the "Tacloban City." The "Don
day, 22 April 1980, at about Juan's" top speed was 17 knots; while that of the "Tacloban City" was 6.3. knots.
10:30 o'clock, the "Tacloban
City" and the "Don Juan" Secondly, the "Don Juan" carried the full complement of officers and crew members
collided at the Talbas Strait specified for a passenger vessel of her class.
near Maestra de Ocampo
Island in the vicinity of the Thirdly, the "Don Juan" was equipped with radar which was functioning that night.
island of Mindoro. When the
collision occurred, the sea Fourthly, the "Don Juan's" officer on-watch had sighted the "Tacloban City" on his radar
was calm, the weather fair screen while the latter was still four (4) nautical miles away. Visual confirmation of radar
and visibility good. As a contact was established by the "Don Juan" while the "Tacloban City" was still 2.7 miles
result of this collision, the away.
M/V "Don Juan" sank and
hundreds of its passengers In the total set of circumstances which existed in the instant case, the "Don Juan," had it
perished. Among the ill-fated taken seriously its duty of extraordinary diligence, could have easily avoided the collision
passengers were the parents with the "Tacloban City," Indeed, the "Don Juan" might well have avoided the collision
of petitioners, the spouses even if it had exercised ordinary diligence merely.
Perfecto Mecenas and Sofia
Mecenas, whose bodies were
never found despite intensive
search by petitioners.
According to Lapuz, he was KAL argues that "the evidence of confirmation of a chance passenger status is not through
allowed to check in with one the entry of the name of a chance passenger in the passenger manifest nor the clearance
suitcase and one shoulder from the Commission on Immigration and Deportation, because they are merely means of
bag at the check-in counter facilitating the boarding of a chance passenger in case his status is confirmed." We are not
of KAL. He passed through persuaded.
the customs and immigration
sections for routine check-up The evidence presented by Lapuz shows that he had indeed checked in at the departure
and was cleared for departure counter, passed through customs and immigration, boarded the shuttle bus and proceeded
as Passenger No. 157 of to the ramp of KAL's aircraft. In fact, his baggage had already been loaded in KAL's
KAL Flight No. KE 903. aircraft, to be flown with him to Jeddah. The contract of carriage between him and KAL
However, when he was at the had already been perfected when he was summarily and insolently prevented from
third or fourth rung of the boarding the aircraft.
stairs, a KAL officer pointed
to him and shouted "Down!
Down!" He was thus barred
from taking the flight. When
he later asked for another
booking, his ticket was
canceled by KAL.
Consequently, he was unable
to report for his work in
Saudi Arabia within the
stipulated 2-week period and
so lost his employment.
of 30 contract workers, of
whom only 21 were
confirmed and 9 were wait-
listed passengers. The agent
of Pan Pacific, Jimmie
Joseph, after being informed
that there was a possibility of
having one or two seats
becoming available, gave
priority to Perico, who was
one of the supervisors of the
hiring company in Saudi
Arabia. The other seat was
won through lottery by
Lapuz. However, only one
seat became available and so,
pursuant to the earlier
agreement that Perico was to
be given priority, he alone
was allowed to board.
PAL vs CA GR. No. 120262 Issues: Whether or not petitioner is guilty of bad faith.
room with the latter at Sky Further, Ernesto Gonzales, the aforementioned co-passenger of respondent on that fateful
View Hotel with the promise flight, testified that based on his previous experience hotel accommodations were extended
to pay his share of the by PAL to its stranded passengers either in Magellan or Rajah Hotels, or even in Cebu
expenses upon reaching Plaza. Thus, we view as impressed with dubiety PALs present attempt to represent such
Surigao. emergency assistance as being merely ex gratia and not ex debito.
Pilapil vs CA Issues: Whether it is the duty of the common carrier to insure passenger against all risks.
Whether or not respondent is presumed to be negligent in this case.
Petitioner Jose Pilapil, a
paying passenger, boarded No.
respondent-defendant's bus
bearing at San Nicolas, Iriga While the law requires the highest degree of diligence from common carriers in the safe
City on 16 September 1971 transport of their passengers and creates a presumption of negligence against them, it does
at about 6:00 P.M. While not, however, make the carrier an insurer of the absolute safety of its passengers.
said bus was in due course
negotiating the distance Article 1755 of the Civil Code qualifies the duty of extraordinary care, vigilance and
between Iriga City and Naga precaution in the carriage of passengers by common carriers to only such as human care
City, upon reaching the and foresight can provide. What constitutes compliance with said duty is adjudged with
vicinity of the cemetery of due regard to all the circumstances.
the Municipality of Baao,
Camarines Sur, on the way Article 1756 of the Civil Code, in creating a presumption of fault or negligence on the part
to Naga City, an unidentified of the common carrier when its passenger is injured, merely relieves the latter, for the
man, a bystander along said time being, from introducing evidence to fasten the negligence on the former, because the
national highway, hurled a presumption stands in the place of evidence. Being a mere presumption, however, the
stone at the left side of the same is rebuttable by proof that the common carrier had exercised extraordinary diligence
bus, which hit petitioner as required by law in the performance of its contractual obligation, or that the injury
above his left eye. Private suffered by the passenger was solely due to a fortuitous event.
respondent's personnel lost
no time in bringing the No.
petitioner to the provincial
hospital in Naga City where First, the presumption of fault or negligence against the carrier is only a disputable
he was confined and treated. presumption. Where, as in the instant case, the injury sustained by the petitioner was in
no way due to any defect in the means of transport or in the method of transporting or to
Considering that the sight of the negligent or willful acts of private respondent's employees, and therefore involving no
his left eye was impaired, issue of negligence in its duty to provide safe and suitable cars as well as competent
petitioner was taken to Dr. employees, with the injury arising wholly from causes created by strangers over which the
Malabanan of Iriga City carrier had no control or even knowledge or could not have prevented, the presumption is
where he was treated for rebutted and the carrier is not and ought not to be held liable. To rule otherwise would
another week. Since there make the common carrier the insurer of the absolute safety of its passengers.
was no improvement in his Article 1763. A common carrier is responsible for injuries suffered by a passenger on
left eye's vision, petitioner account of the wilful acts or negligence of other passengers or of strangers, if the common
went to V. Luna Hospital, carrier's employees through the exercise of the diligence of a good father of a family could
Quezon City where he was have prevented or stopped the act or omission.
treated by Dr. Capulong.
Despite the treatment Clearly under the above provision, a tort committed by a stranger which causes injury to a
accorded to him by Dr. passenger does not accord the latter a cause of action against the carrier. The negligence
Capulong, petitioner lost for which a common carrier is held responsible is the negligent omission by the carrier's
partially his left eye's vision employees to prevent the tort from being committed when the same could have been
and sustained a permanent foreseen and prevented by them.
scar above the left eye.
Fortune Express vs CA Issues: Whether or not petitioner committed a breach on the contract of carriage.
Whether or not the case of Pilapil vs CA is applicable.
On November 22, 1989, Whether or not the seizure of the bus was caused by force majuere.
three armed Maranaos who
pretended to be passengers, Yes.
seized a bus of petitioner at Art. 1763 of the Civil Code provides that a common carrier is responsible for injuries
Linamon, Lanao del Norte suffered by a passenger on account of wilfull acts of other passengers, if the employees of
while on its way to Iligan the common carrier could have prevented the act through the exercise of the diligence of a
City. Among the passengers good father of a family. In the present case, it is clear that because of the negligence of
of the bus was Atty. petitioner's employees, the seizure of the bus by Mananggolo and his men was made
Caorong. The leader of the possible.
Maranaos, identified as one
Bashier Mananggolo, Despite warning by the Philippine Constabulary at Cagayan de Oro that the Maranaos
ordered the driver, were planning to take revenge on the petitioner by burning some of its buses and the
Godofredo Cabatuan, to stop assurance of petitioner's operation manager, Diosdado Bravo, that the necessary
the bus on the side of the precautions would be taken, petitioner did nothing to protect the safety of its passengers.
highway. Mananggolo then
shot Cabatuan on the arm, Had petitioner and its employees been vigilant they would not have failed to see that the
which caused him to slump malefactors had a large quantity of gasoline with them. Under the circumstances, simple
on the steering wheel. The precautionary measures to protect the safety of passengers, such as frisking passengers
one of the companions of and inspecting their baggages, preferably with non-intrusive gadgets such as metal
Mananggolo started pouring detectors, before allowing them on board could have been employed without violating the
gasoline inside the bus. passenger's constitutional rights. As this Court amended in Gacal v. Philippine Air Lines,
Mananggolo then ordered the Inc., 6 a common carrier can be held liable for failing to prevent a hijacking by frisking
passenger to get off the bus. passengers and inspecting their baggages.
The passengers, including
Atty. Caorong, stepped out No.
of the bus and went behind It is clear that the cases of Pilapil and De Guzman do not apply to the prensent case. Art.
the bushes. 1755 of the Civil Code provides that "a common carrier is bound to carry the passengers
as far as human care and foresight can provide, using the utmost diligence of very
However, Atty. Caorong cautious persons, with due regard for all the circumstances."
returned to the bus to retrieve
something from the overhead Thus, we held in Pilapil and De Guzman that the respondents therein were not negligent
rack. at that time, one of the in failing to take special precautions against threats to the safety of passengers which
armed men was pouring could not be foreseen, such as tortious or criminal acts of third persons. In the present
gasoline on the head of the case, this factor of unforeseeability (the second requisite for an event to be considered
driver. Cabatuan, who had force majeure) is lacking. As already stated, despite the report of PC agent Generalao that
meantime regained the Maranaos were planning to burn some of petitioner's buses and the assurance of
consciousness, heard Atty. petitioner's operation manager (Diosdado Bravo) that the necessary precautions would be
Caorong pleading with the taken, nothing was really done by petitioner to protect the safety of passengers.
armed men to spare the
driver. During this exchange No.
between Atty. Caorong and The seizure of the bus of the petitioner was foreseeable and, therefore, was not a fortuitous
the assailants, Cabatuan event which would exempt petitioner from liabilty.
climbed out of the left
window of the bus and Note:
crawled to the canal on the Atty. Caorong was not guilty of contributory negligence. The armed men actually allowed
opposite side of the highway. Atty. Caorong to retrieve something from the bus. What apparently angered them was his
He heard shots from inside attempt to help the driver of the bus by pleading for his life. He was playing the role of
the bus. Atty. Caorong was the good Samaritan. Certainly, this act cannot considered an act of negligence, let alone
hit. Then the bus was set on recklessness.
fire. Some of the passengers
were able to pull Atty.
Caorong out of the burning
bus and rush him to the
hospital, but he died.
Philippine Rabbit vs IAC Issue: Whether or not the doctrine of last clear chance applies.
Bustmante vs CA. Issue: Whether or not respondent court correctly applied the doctrine of Last Clear Chance.
thrown out and died as a been aware of it in the reasonable exercise of due case, had in fact an opportunity later
result of the injuries they than that of the plaintiff to avoid an accident.
sustained.
In the recent case of Philippine Rabbit Bus Lines, Inc. v. Intermediate Appellate Court, et
Immediately before the al. (G.R. Nos. 66102-04, August 30, 1990), the Court citing the landmark decision held in
collision, the cargo truck and the case of Anuran, et al. v. Buno, et al. (123 Phil. 1073) ruled that the principle of "last
the passenger bus were clear chance" applies "in a suit between the owners and drivers of colliding vehicles. It
approaching each other, does not arise where a passenger demands responsibility from the carrier to enforce its
coming from the opposite contractual obligations. For it would be inequitable to exempt the negligent driver of the
directions of the highway. jeepney and its owners on the ground that the other driver was likewise guilty of
While the truck was still negligence."
about 30 meters away,
Susulin, the bus driver, saw Furthermore, "as between defendants: The doctrine cannot be extended into the field of
the front wheels of the joint tortfeasors as a test of whether only one of them should be held liable to the injured
vehicle wiggling. He also person by reason of his discovery of the latter's peril, and it cannot be invoked as between
observed that the truck was defendants concurrently negligent. As against third persons, a negligent actor cannot
heading towards his lane. defend by pleading that another had negligently failed to take action which could have
Not minding this avoided the injury."
circumstance due to his
belief that the driver of the All premises considered, the Court is convinced that the respondent Court committed an
truck was merely joking, error of law in applying the doctrine of last clear chance as between the defendants, since
Susulin shifted from fourth the case at bar is not a suit between the owners and drivers of the colliding vehicles but a
to third gear in order to give suit brought by the heirs of the deceased passengers against both owners and drivers of
more power and speed to the the colliding vehicles. Therefore, the respondent court erred in absolving the owner and
bus, which was ascending driver of the cargo truck from liability.
the inclined part of the road,
in order to overtake or pass a
Kubota hand tractor being
pushed by a person along the
shoulder of the highway.
While the bus was in the
process of overtaking or
passing the hand tractor and
the truck was approaching
the bus, the two vehicles
sideswiped each other at
each other's left side. After
the impact, the truck skidded
towards the other side of the
road and landed on a nearby
residential lot, hitting a
coconut tree and felling it."
B. Accomodation Passenger
Issues: Whether or not respondent is required to exercise extraordinary diligence.
Lara vs Valencia Whether or not respondent failed to exercise ordinary diligence.
Necessito vs Paras Issue: Whether or not the carrier is liable for the manufacturing defect of the steering
knuckle, and whether the evidence discloses that in regard thereto the carrier exercised the
On January 28, 1964, diligence required by law.
Severina Garces and her one-
year old son, Precillano No.
Necesito, carrying It is clear that the carrier is not an insurer of the passengers' safety. His liability rests upon
vegetables, boarded the bus negligence, his failure to exercise the "utmost" degree of diligence that the law requires,
of Philippine Rabbit Bus and by Art. 1756, in case of a passenger's death or injury the carrier bears the burden of
Lines at Agno, Pangasinan. satisfying the court that he has duly discharged the duty of prudence required.
The passenger truck, driven
by Francisco Bandonell, then In American law, the rule on the liability of carriers for defects of equipment is thus
proceeded on its regular run expressed: "The preponderance of authority is in favor of the doctrine that a passenger is
from Agno to Manila. After entitled to recover damages from a carrier for an injury resulting from a defect in an
passing Mangatarem, appliance purchased from a manufacturer, whenever it appears that the defect would have
Pangasinan truck entered a been discovered by the carrier if it had exercised the degree of care which under the
wooden bridge, but the front circumstances was incumbent upon it, with regard to inspection and application of the
wheels swerved to the right; necessary tests.
the driver lost control, and
after wrecking the bridge's For the purposes of this doctrine, the manufacturer is considered as being in law the agent
wooden rails, the truck fell or servant of the carrier, as far as regards the work of constructing the appliance.
on its right side into a creek According to this theory, the good repute of the manufacturer will not relieve the carrier
where water was breast deep. from liability"
The mother, Severina
Garces, was drowned; the The rationale of the carrier's liability is the fact that the passenger has neither choice nor
son, Precillano Necesito, was control over the carrier in the selection and use of the equipment and appliances in use
injured, suffering abrasions by the carrier.
and fracture of the left
femur. He was brought to the In the case now before us, the record is to the effect that the only test applied to the
steering knuckle in question was a purely visual inspection every thirty days, to see if any
Provincial Hospital at cracks developed. It nowhere appears that either the manufacturer or the carrier at any
Dagupan, where the fracture time tested the steering knuckle to ascertain whether its strength was up to standard, or
was set but with fragments that it had no hidden flaws would impair that strength. And yet the carrier must have been
one centimeter out of line. aware of the critical importance of the knuckle's resistance; that its failure or breakage
The money, wrist watch and would result in loss of balance and steering control of the bus, with disastrous effects
cargo of vegetables were upon the passengers. No argument is required to establish that a visual inspection could
lost. not directly determine whether the resistance of this critically important part was not
impaired. We are satisfied that the periodical visual inspection of the steering knuckle as
practiced by the carrier's agents did not measure up to the required legal standard of
"utmost diligence of very cautious persons" — "as far as human care and foresight can
provide.”
Japan Airlines vs CA Issue: Whether JAL, as a common carrier has the obligation to shoulder the hotel and
meal expenses of its stranded passengers until they have reached their final destination,
On June 13, 1991, private even if the delay were caused by "force majeure."
respondent Jose Miranda
boarded JAL flight No. JL No.
001 in San Francisco,
California bound for Manila. We have consistently ruled that a contract to transport passengers is quite different in
Likewise, on the same day kind, and degree from any other contractual relation. It is safe to conclude that it is a
private respondents Enrique relationship imbued with public interest. Failure on the part of the common carrier to live
Agana et al. left Los up to the exacting standards of care and diligence renders it liable for any damages that
Angeles, California for may be sustained by its passengers. However, this is not to say that common carriers are
Manila via JAL flight No. JL absolutely responsible for all injuries or damages even if the same were caused by a
061. As an incentive for fortuitous event. To rule otherwise would render the defense of "force majeure," as an
travelling on the said airline, exception from any liability, illusory and ineffective.
both flights were to make an
overnight stopover at Narita, Accordingly, there is no question that when a party is unable to fulfill his obligation
Japan, at the airlines' because of "force majeure," the general rule is that he cannot be held liable for damages
expense. for non-performance. Corollarily, when JAL was prevented from resuming its flight to
Manila due to the effects of Mt. Pinatubo eruption, whatever losses or damages in the
Upon arrival at Narita, Japan form of hotel and meal expenses the stranded passengers incurred, cannot be charged to
on June 14, 1991, private JAL. Yet it is undeniable that JAL assumed the hotel expenses of respondents for their
respondents were billeted at unexpected overnight stay on June 15, 1991.
Hotel Nikko Narita for the
night. The next day, private Admittedly, to be stranded for almost a week in a foreign land was an exasperating
respondents went to the experience for the private respondents, but their predicament was not due to the fault or
airport to take their flight to negligence of JAL but the closure of NAIA to international flights. Indeed, to hold JAL, in
Manila. However, due to the the absence of bad faith or negligence, liable for the amenities of its stranded passengers
Mt. Pinatubo eruption, by reason of a fortuitous event is too much of a burden to assume.
unrelenting ashfall blanketed
NAIA rendering it Furthermore, it has been held that airline passengers must take such risks incident to the
inaccessible to airline traffic. mode of travel. In this regard, adverse weather conditions or extreme climatic changes are
Hence, private respondents' some of the perils involved in air travel, the consequences of which the passenger must
trip to Manila was cancelled assume or expect. After all, common carriers are not the insurer of all risks.
indefinitely.
Yobido vs CA Issue: Whether or not petitioner should be liable despite the principle that a common
carrier is not an insurer of all risks.
On April 26, 1988, spouses Yes.
Tito and Leny Tumboy and
their minor children named
Ardee and Jasmin, boarded As a rule, when a passenger boards a common carrier, he takes the risks incidental to the
at Mangagoy, Surigao del mode of travel he has taken. After all, a carrier is not an insurer of the safety of its
Sur, a Yobido Liner bus passengers and is not bound absolutely and at all events to carry them safely and without
bound for Davao City. Along injury. However, when a passenger is injured or dies while travelling, the law presumes
Picop Road in Km. 17, Sta. that the common carrier is negligent. Thus, the Civil Code provides:
Maria, Agusan del Sur, the
left front tire of the bus Art. 1756. In case of death or injuries to passengers, common carriers are presumed to
exploded. The bus fell into a have been at fault or to have acted negligently, unless they prove that they observed
ravine around three (3) feet extraordinary diligence as prescribed in articles 1733 and 1755.
from the road and struck a
tree. The incident resulted in Article 1755 provides that (a) common carrier is bound to carry the passengers safely as
the death of 28-year-old Tito far as human care and foresight can provide, using the utmost diligence of very cautious
Tumboy and physical persons, with a due regard for all the circumstances. Accordingly, in culpa contractual,
injuries to other passengers. once a passenger dies or is injured, the carrier is presumed to have been at fault or to have
acted negligently. This disputable presumption may only be overcome by evidence that
On November 21, 1988, a the carrier had observed extraordinary diligence as prescribed by Articles 1733, 1755 and
complaint for breach of 1756 of the Civil Code or that the death or injury of the passenger was due to a fortuitous
contract of carriage, event. Consequently, the court need not make an express finding of fault or negligence on
damages and attorneys fees the part of the carrier to hold it responsible for damages sought by the passenger.
was filed by Leny and her
children against Alberta
Yobido, the owner of the
bus, and Cresencio Yobido,
its driver, before the
Regional Trial Court of
Davao City. When the
defendants therein filed their
answer to the complaint,
they raised the affirmative
defense of caso fortuito.
2. Duration of Responsibility
Jesus Vds. De Nueca vs MRC Issue: Whether or not Nueca was a passenger.
Manila Railroad Co. express or implied, with the carrier as to the payment of the fare, or that which is
(MRC) at its station in accepted as an equivalent. The relation of passenger and carrier commences when
Barrio del Rosario, one puts himself in the care of the carrier, or directly under its control, with the
Camarines Sur, to be bona fide intention of becoming a passenger, and is accepted as such by the carrier
shipped to the municipality – as where he makes a contract for trasportation and presents himself at the proper
of Libmanan of the same place and in a proper manner to be transported.
province. He paid P 0.70
as freight charge and was Even disregarding the matter of tickets, and assuming Nueca intended to be a
issued Way Bill No. passenger, he was never accepted as such by MRC as he did not present himself at
56515. The cargo was the proper place and in a proper manner to be transported.
loaded on the freight
wagon of Train 537.
Passengers boarded the
train and shunting
operations started to hook
a wagon thereto. Before the
train reached the turnoff
switch, its passenger coach
fell on its side some 40 m
from the station. The
wagon pinned Nueca,
killing him instantly.
to observe the extraordinary moving vehicle is a matter of common experience both the driver and conductor in this
diligence required in the case could not have been unaware of such an ordinary practice.
operation of the
transportation company and The victim herein, by stepping and standing on the platform of the bus, is already
the supervision of the considered a passenger and is entitled all the rights and protection pertaining to such a
employees. contractual relation. Hence, it has been held that the duty which the carrier passengers
owes to its patrons extends to persons boarding cars as well as to those alighting
therefrom.
Moreover, the circumstances under which the driver and the conductor failed to bring the
gravely injured victim immediately to the hospital for medical treatment is a patent and
incontrovertible proof of their negligence. It defies understanding and can even be
stigmatized as callous indifference. The evidence shows that after the accident the bus
could have forthwith turned at Bunk 56 and thence to the hospital, but its driver instead
opted to first proceed to Bunk 70 to allow a passenger to alight and to deliver a
refrigerator, despite the serious condition of the victim.
La Mallorca vs CA Issue: Whether or not private respondent Mariano Beltran and family were still
considered passengers after alighting the bus owned by petitioner.
On December 20, 1953,
plaintiffs, husband and wife, Yes.
together with their minor
daughters, namely, Milagros, It has been recognized as a rule that the relation of carrier and passenger does not cease
13 years old, Raquel, about at the moment the passenger alights from the carrier's vehicle at a place selected by the
4½ years old, and Fe, over 2 carrier at the point of destination, but continues until the passenger has had a reasonable
years old, boarded a bus time or a reasonable opportunity to leave the carrier's premises. And, what is a
owned and operated by the reasonable time or a reasonable delay within this rule is to be determined from all the
defendant, at San Fernando, circumstances.
Pampanga, bound for Anao,
Pampanga. Thus, a person who, after alighting from a train, walks along the station platform is
considered still a passenger. So also, where a passenger has alighted at his destination and
The bus reached Anao is proceeding by the usual way to leave the company's premises, but before actually doing
whereat it stopped to allow so is halted by the report that his brother, a fellow passenger, has been shot, and he in
the passengers including good faith and without intent of engaging in the difficulty, returns to relieve his brother,
plaintiif and his family to get he is deemed reasonably and necessarily delayed and thus continues to be a passenger
off. Mariano Beltran, then entitled as such to the protection of the railroad and company and its agents.
carrying some of their
baggages, was the first to get In the present case, the father returned to the bus to get one of his baggages which was not
down the bus, followed by unloaded when they alighted from the bus. Raquel, the child that she was, must have
his wife and his children. followed the father. However, although the father was still on the running board of the
Afterwards, he returned to bus awaiting for the conductor to hand him the bag or bayong, the bus started to run, so
the bus to get his other that even he (the father) had to jump down from the moving vehicle. It was at this
bayong, which he had left instance that the child, who must be near the bus, was run over and killed. In the
behind, but in so doing, his circumstances, it cannot be claimed that the carrier's agent had exercised the "utmost
daughter Raquel followed diligence" of a "very cautions person" required by Article 1755 of the Civil Code to be
him, unnoticed by her father. observed by a common carrier in the discharge of its obligation to transport safely its
While said Mariano Beltran passengers. In the first place, the driver, although stopping the bus, nevertheless did not
was on the running board of put off the engine.
the bus waiting for the
conductor to hand him his Secondly, he started to run the bus even before the bus conductor gave him the signal to
bayong which he left under go and while the latter was still unloading part of the baggages of the passengers Mariano
one of its seats near the door, Beltran and family. The presence of said passengers near the bus was not unreasonable
the bus, suddenly started and they are, therefore, to be considered still as passengers of the carrier, entitled to the
moving forward, evidently to protection under their contract of carriage.
resume its trip,
Aboitiz vs CA Issue: Whether or not Anacleto Viana was still a passenger of petitioner when the
accident happened.
On May 11, 1975, Anacleto
Viana boarded the vessel Yes.
M/V Antonia, owned by
defendant, at the port at San That reasonableness of time should be made to depend on the attending circumstances of
Jose, Occidental Mindoro, the case, such as the kind of common carrier, the nature of its business, the customs of the
bound for Manila, having place, and so forth, and therefore precludes a consideration of the time element per se
purchased a ticket. On May without taking into account such other factors. It is thus of no moment whether in the
12, 1975, said vessel arrived cited case of La Mallorca there was no appreciable interregnum for the passenger therein
at Pier 4, North Harbor, to leave the carrier's premises whereas in the case at bar, an interval of one (1) hour had
Manila, and the passengers elapsed before the victim met the accident. The primary factor to be considered is the
therein disembarked, a existence of a reasonable cause as will justify the presence of the victim on or near the
gangplank having been petitioner's vessel. We believe there exists such a justifiable cause.
provided connecting the side
of the vessel to the pier. It is of common knowledge that, by the very nature of petitioner's business as a shipper,
Instead of using said the passengers of vessels are allotted a longer period of time to disembark from the ship
gangplank Anacleto Viana than other common carriers such as a passenger bus. With respect to the bulk of cargoes
disembarked on the third and the number of passengers it can load, such vessels are capable of accommodating a
deck which was on the level bigger volume of both as compared to the capacity of a regular commuter bus.
with the pier. After said Consequently, a ship passenger will need at least an hour as is the usual practice, to
vessel had landed, the disembark from the vessel and claim his baggage whereas a bus passenger can easily get
Pioneer Stevedoring off the bus and retrieve his luggage in a very short period of time.
Corporation took over the
exclusive control of the Verily, petitioner cannot categorically claim, through the bare expedient of comparing the
cargoes loaded on said vessel period of time entailed in getting the passenger's cargoes, that the ruling in La Mallorca is
pursuant to the inapplicable to the case at bar. On the contrary, if we are to apply the doctrine enunciated
Memorandum of Agreement therein to the instant petition, we cannot in reason doubt that the victim Anacleto Viana
dated July 26, 1975 (Exh. '2') was still a passenger at the time of the incident. When the accident occurred, the victim
between the third party was in the act of unloading his cargoes, which he had every right to do, from petitioner's
defendant Pioneer vessel. As earlier stated, a carrier is duty bound not only to bring its passengers safely to
Stevedoring Corporation and their destination but also to afford them a reasonable time to claim their baggage.
defendant Aboitiz Shipping
Corporation. It is not definitely shown that one (1) hour prior to the incident, the victim had already
disembarked from the vessel. Petitioner failed to prove this. What is clear to us is that at
The crane owned by the third the time the victim was taking his cargoes, the vessel had already docked an hour earlier.
party defendant and operated In consonance with common shipping procedure as to the minimum time of one (1) hour
by its crane operator Alejo allowed for the passengers to disembark, it may be presumed that the victim had just
Figueroa was placed gotten off the vessel when he went to retrieve his baggage.
Mallari vs CA Issue: Whether or not the death of Reyes was due to the failure of petitioner to exercise
due diligence.
On 14 October 1987, the
passenger jeepney driven by Yes.
petitioner Alfredo Mallari Jr.
collided with the delivery The rule is settled that a driver abandoning his proper lane for the purpose of overtaking
van of respondent Bulletin another vehicle in an ordinary situation has the duty to see to it that the road is clear and
Publishing Corp. along the not to proceed if he cannot do so in safety. When a motor vehicle is approaching or
National Highway in rounding a curve, there is special necessity for keeping to the right side of the road and
Barangay San Pablo, the driver does not have the right to drive on the left hand side relying upon having time
Bataan. Petitioner Mallari Jr. to turn to the right if a car approaching from the opposite direction comes into view.
testified that he went to the
left lane of the highway and In the instant case, by his own admission, petitioner Mallari Jr. already saw that the
overtook a Fiera which had BULLETIN delivery van was coming from the opposite direction and failing to consider
stopped on the right lane. the speed thereof since it was still dark at 5:00 o'clock in the morning mindlessly
Before he passed by the occupied the left lane and overtook two (2) vehicles in front of it at a curve in the
Fiera, he saw the van of highway. Clearly, the proximate cause of the collision resulting in the death of Israel
respondent BULLETIN Reyes, a passenger of the jeepney, was the sole negligence of the driver of the passenger
coming from the opposite jeepney, petitioner Alfredo Mallari Jr., who recklessly operated and drove his jeepney in a
direction. It was driven by lane where overtaking was not allowed by traffic rules. Under Art. 2185 of the Civil
one Felix Angeles. The Code, unless there is proof to the contrary, it is presumed that a person driving a motor
sketch of the accident vehicle has been negligent if at the time of the mishap he was violating a traffic
showed that the collision regulation. As found by the appellate court, petitioners failed to present satisfactory
occurred after Mallari Jr. evidence to overcome this legal presumption.
overtook the Fiera while
negotiating a curve in the
highway. The points of
collision were the left rear
portion of the passenger
jeepney and the left front
side of the delivery van of
BULLETIN. The impact
caused the jeepney to turn
around and fall on its left
side resulting in injuries to
LRTA et al. vs Navidad Issue: Whether or not LRTA should be held liable for Nicanor’s death.
3. Presumption of Negligence
Ludo vs CA Issue: Whether or not private respondent failed to overcome presumption of negligence.
unloading of copra and other evidence on what transpired within as the officers and crew maneuvered the vessel to its
processed products. Among berthing place. We note the Court of Appeals finding that Naval and Espina were not
its wharfs facilities are knowledgeable on the vessels maneuverings, and could not testify on the negligence of
fender pile clusters for the officers and crew. Second, aside from the testimony that MV Miguela rammed the
docking and mooring. cluster pile, private respondent did not show persuasively other possible causes of the
damage.
On May 21, 1990, at around
1:30 P.M., while MV Applying now the above, there exists a presumption of negligence against private
Miguela was docking at respondents which we opine the latter failed to overcome. Additionally, petitioner
petitioners wharf, it rammed presented tangible proof that demonstrated private respondents negligence. As testified by
and destroyed a fender pile Capt. Olasiman, from command of slow ahead to stop engine, the vessel will still travel
cluster. Petitioner demanded 100 meters before it finally stops. However, he ordered stop engine when the vessel was
damages from private only 50 meters from the pier. Further, he testified that before the vessel is put to slow
respondents. The latter astern, the engine has to be restarted. However, Olasiman can not estimate how long it
refused. Hence, petitioner takes before the engine goes to slow astern after the engine is restarted. From these
filed a complaint for declarations, the conclusion is that it was already too late when the captain ordered
damages before the Regional reverse. By then, the vessel was only 4 meters from the pier, and thus rammed it.
Trial Court of Cebu.
Respondent companys negligence consists in allowing incompetent crew to man its
vessel. As shown also by petitioner, both Captain Olasiman and Chief Mate Gabisan did
not have a formal training in marine navigation. The former was a mere elementary
graduate while the latter is a high school graduate. Their experience in navigation was
only as a watchman and a quartermaster, respectively.
Note:
Res Ipsa Loquitor:
“Where the thing which causes injury is shown to be under the management of the
defendant, and the accident is such as in the ordinary course of things does not happen if
those who have the management use proper care, it affords reasonable evidence, in the
absence of an explanation by the defendant, that the accident arose from want of care.”
(Batiquin vs CA)
The doctrine recognizes that parties may establish prima facie negligence without direct
proof and allows the principle to substitute for specific proof of negligence. This is
invoked when under the circumstances, direct evidence is absent and not readily available.
No.
On the presumption that drivers who bump the rear of another vehicle guilty and the cause
of the accident, unless contradicted by other evidence, the respondent court said (p. 49,
Rollo):
. . . the jeepney had already executed a complete turnabout and at the time of impact was
already facing the western side of the road. Thus the jeepney assumed a new frontal
position vis a vis, the bus, and the bus assumed a new role of defensive driving. The spirit
behind the presumption of guilt on one who bumps the rear end of another vehicle is for
the driver following a vehicle to be at all times prepared of a pending accident should the
driver in front suddenly come to a full stop, or change its course either through change of
mind of the front driver, mechanical trouble, or to avoid an accident. The rear vehicle is
given the responsibility of avoiding a collision with the front vehicle for it is the rear
vehicle who has full control of the situation as it is in a position to observe the vehicle in
front of it.
The above discussion would have been correct were it not for the undisputed fact that the
U-turn made by the jeepney was abrupt (Exhibit "K," Pascua). The jeepney, which was
then traveling on the eastern shoulder, making a straight, skid mark of approximately 35
meters, crossed the eastern lane at a sharp angle, making a skid mark of approximately 15
meters from the eastern shoulder to the point of impact (Exhibit "K" Pascua). Hence,
delos Reyes could not have anticipated the sudden U-turn executed by Manalo. The
respondent court did not realize that the presumption was rebutted by this piece of
evidence.
With regard to the substantial factor test, it was the opinion of the respondent court that
(p. 52, Rollo):
. . . It is the rule under the substantial factor test that if the actor's conduct is a substantial
factor in bringing about harm to another, the fact that the actor neither foresaw nor should
have foreseen the extent of the harm or the manner in which it occurred does not prevent
him from being liable (Restatement, Torts, 2d). Here, We find defendant bus running at a
fast speed when the accident occurred and did not even make the slightest effort to avoid
the accident, . . . . The bus driver's conduct is thus a substantial factor in bringing about
harm to the passengers of the jeepney, not only because he was driving fast and did not
even attempt to avoid the mishap but also because it was the bus which was the physical
force which brought about the injury and death to the passengers of the jeepney.
The speed of the bus was calculated by respondent court as follows (pp. 54-55, Rollo):
According to the record of the case, the bus departed from Laoag, Ilocos Norte, at 4:00
o'clock A.M. and the accident took place at approximately around 12:30 P.M., after
travelling roughly for 8 hours and 30 minutes. Deduct from this the actual stopover time
of two Hours (computed from the testimony of the driver that he made three 40-minute
stop-overs), We will have an actual travelling time of 6 hours and 30 minutes.
Under the circumstances, We calculate that the Laoag-Tarlac route (365 kms.) driving at
an average of 56 km. per hour would take 6 hours and 30 minutes. Therefore, the average
speed of the bus, give and take 10 minutes, from the point of impact on the highway with
excellent visibility factor would be 80 to 90 kms. per hour, as this is the place where buses
would make up for lost time in traversing busy city streets.
Still, We are not convinced. It cannot be said that the bus was travelling at a fast speed
when the accident occurred because the speed of 80 to 90 kilometers per hour, assuming
such calculation to be correct, is yet within the speed limit allowed in highways. We
cannot even fault delos Reyes for not having avoided the collision. As aforestated, the
jeepney left a skid mark of about 45 meters, measured from the time its right rear wheel
was detached up to the point of collision. Delos Reyes must have noticed the perilous
condition of the jeepney from the time its right rear wheel was detached or some 90
meters away, considering that the road was straight and points 200 meters north and south
of the point of collision, visible and unobstructed. Delos Reyes admitted that he was
running more or less 50 kilometers per hour at the time of the accident. Using this speed,
delos Reyes covered the distance of 45 meters in 3.24 seconds. If We adopt the speed of
80 kilometers per hour, delos Reyes would have covered that distance in only 2.025
seconds. Verily, he had little time to react to the situation. To require delos Reyes to avoid
the collision is to ask too much from him. Aside from the time element involved, there
were no options available to him.
Yes.
The facts established after
trial show that the plaintiff In the case at bar, there are specific acts of negligence on the part of the respondents. The
was a passenger of the public records show that the passenger jeepney turned turtle and jumped into a ditch immediately
utility jeepney bearing plate after its right rear tire exploded. The evidence shows that the passenger jeepney was
No. PUJ-71-7 on the course running at a very fast speed before the accident. We agree with the observation of the
of the trip from Danao City petitioner that a public utility jeep running at a regular and safe speed will not jump into a
to Cebu City. The jeepney ditch when its right rear tire blows up. There is also evidence to show that the passenger
was driven by defendant jeepney was overloaded at the time of the accident. The petitioner stated that there were
Berfol Camoro. It was three (3) passengers in the front seat and fourteen (14) passengers in the rear.
registered under the
franchise of defendant While it may be true that the tire that blew-up was still good because the grooves of the
Clemente Fontanar but was tire were still visible, this fact alone does not make the explosion of the tire a fortuitous
actually owned by defendant event. No evidence was presented to show that the accident was due to adverse road
Fernando Banzon. When the conditions or that precautions were taken by the jeepney driver to compensate for any
jeepney reached Mandaue conditions liable to cause accidents. The sudden blowing-up, therefore, could have been
City, the right rear tire caused by too much air pressure injected into the tire coupled by the fact that the jeepney
exploded causing the vehicle was overloaded and speeding at the time of the accident.
to turn turtle. In the process,
the plaintiff who was sitting In the case at bar, the cause of the unforeseen and unexpected occurrence was not
at the front seat was thrown independent of the human will.
out of the vehicle. Upon
landing on the ground, the Note:
plaintiff momentarily lost
consciousness. When he In a legal sense and, consequently, also in relation to contracts, a caso fortuito presents the
came to his senses, he found following essential characteristics:
that he had a lacerated (1) The cause of the unforeseen and unexpected occurrence, or of the failure of the debtor
wound on his right palm. to comply with his obligation, must be independent of the human will.
Aside from this, he suffered (2) It must be impossible to foresee the event which constitutes the caso fortuito, or if it
injuries on his left arm, right can be foreseen, it must be impossible to avoid.
thigh and on his back. (Exh. (3) The occurrence must be such as to render it impossible for the debtor to fulfill his
"D"). Because of his shock obligation in a normal manner. And
and injuries, he went back to (4) the obligor (debtor) must be free from any participation in the aggravation of the
Danao City but on the way, injury resulting to the creditor.
he discovered that his (Lasam vs Smith)
"Omega" wrist watch was
lost. Upon his arrival in
Danao City, he immediately
entered the Danao City
Hospital to attend to his
injuries, and also requested
his father-in-law to proceed
immediately to the place of
the accident and look for the
watch. In spite of the efforts
of his father-in-law, the wrist
watch, which he bought for P
852.70 (Exh. "B") could no
longer be found.
Bayasen vs CA Issue: Whether or not petitioner Bayasen was not negligent and therefore entitled to
acquittal.
The records show that the
petitioner was charged in Yes.
December 1963 by the
Provincial Fiscal of It is clear from the last part of the Testimony of the witness, Dolores Balcita, that there
Mountain Province of the was no conversation between the passengers in the jeep that could have distracted the
crime of Homicide Thru attention of the accused while driving the jeep. As to the condition of the jeep itself, the
Reckless Imprudence. same witness testified that she "did not notice anything wrong" with it from the time they
On the morning of August drove from Sagada to Ambasing, and from there to the place where the jeep fell off the
15, 1963, Saturnino Bayasen, road. Regarding the road, she said that it was fair enough to drive on, but that it was moist
the Rural Health Physician in or wet, and the weather was fair, too. As to whether the accused-petitioner was under the
Sagada, Mountain Province, influence of liquor at the time of the accident, she testified that he was not. the light of
went to barrio Ambasing to the testimony of Dolores Balcita, the eyewitness of the accident presented by the
visit a patient. Two nurses prosecution, there is absolutely no evidence on record to show that the accused was
from the Saint Theodore's negligent in driving his jeep.
Hospital in Sagada, viz.,
Elena Awichen and Dolores The petitioner testified that before reaching the portion of the road where the jeep fell he
Balcita, rode with him in the noticed that the rear wheel skidded, while driving from 8 to 10 kilometers per hour; that
jeep assigned for the use of as a precautionary measure, he directed the jeep towards the side of the mountain, along
the Rural Health Unit as they the side of the mountain, but not touching the mountain; that while doing so, the late
had requested for a ride to Elena Awichen suddenly held the steering wheel and he felt that her foot stepped on his
Ambasing. Later, at right foot which was pressed then on the accelerator; and that immediately after, the jeep
Ambasing, the girls, who suddenly swerved to the right and went off.
Under the particular circumstances of the instant case, the petitioner- driver who skidded
could not be regarded as negligent, the skidding being an unforeseen event, so that the
petitioner had a valid excuse for his departure from his regular course. The negligence of
the petitioner not having been sufficiently established, his guilt of the crime charged has
not been proven beyond reasonable doubt. He is, therefore, entitled to acquittal.
Cervantes vs CA Issue: Whether or not the PAL agents in Los Angeles and San Francisco were negligent in
confirming and thereby changing the compromise agreement.
On March 27, 1989, the
private respondent, Yes, but only simple negligence.
Philippines Air Lines, Inc.
(PAL), issued to the herein In awarding moral damages for breach of contract of carriage, the breach must be wanton
petitioner, Nicholas and deliberately injurious or the one responsible acted fraudulently or with malice or bad
Cervantes (Cervantes), a faith. Petitioner knew there was a strong possibility that he could not use the subject
round trip plane ticket for ticket, so much so that he bought a back-up ticket to ensure his departure. Should there be
Manila-Honolulu-Los a finding of bad faith, we are of the opinion that it should be on the petitioner. What the
Angeles-Honolulu-Manila, employees of PAL did was one of simple negligence. No injury resulted on the part of
which ticket expressly petitioner because he had a back-up ticket should PAL refuse to accommodate him with
provided an expiry of date of the use of subject ticket.
one year from issuance, i.e.,
until March 27, 1990. The Note:
issuance of the said plane
ticket was in compliance The ticket constitute the contract between the parties. It is axiomatic that when the terms
with a Compromise are clear and leave no doubt as to the intention of the contracting parties, contracts are to
Agreement entered into be interpreted according to their literal meaning.
between the contending (Lufthansa vs CA)
parties in two previous suits,
docketed as Civil Case Nos.
3392 and 3451 before the
Regional Trial Court in
Surigao City.
Yes.
In the case at bar, upon the happening of the accident, the presumption of negligence at
once arose, and it became the duty of petitioner to prove that he had to observe
extraordinary diligence in the care of his passengers.
First, as found by the Court of Appeals, the jeepney was not properly parked, its rear
portion being exposed about two meters from the broad shoulders of the highway, and
facing the middle of the highway in a diagonal angle. This is a violation of the R.A. No.
4136, as amended, or the Land Transportation and Traffic Code.
Second, it is undisputed that petitioners driver took in more passengers than the allowed
seating capacity of the jeepney, a violation of 32(a) of the same law.
The fact that Sunga was seated in an "extension seat" placed her in a peril greater than that
to which the other passengers were exposed. Therefore, not only was petitioner unable to
overcome the presumption of negligence imposed on him for the injury sustained by
Sunga, but also, the evidence shows he was actually negligent in transporting passengers.
Calrky
We find it hard to give serious thought to petitioners contention that Sungas taking an
"extension seat" amounted to an implied assumption of risk. It is akin to arguing that the
injuries to the many victims of the tragedies in our seas should not be compensated merely
because those passengers assumed a greater risk of drowning by boarding an overloaded
ferry. This is also true of petitioners contention that the jeepney being bumped while it
was improperly parked constitutes caso fortuito. Petitioner should have foreseen the
danger of parking his jeepney with its body protruding two meters into the highway.
Note:
The doctrine of proximate cause is applicable only in actions for quasi-delict, not in
actions involving breach of contract. The doctrine is a device for imputing liability to a
person where there is no relation between him and another par ty. In such a case, the
obligation is created by law itself.
Gillaco vs Manila Railroad Issue: Whether or not Manila Railroad should be liable for the death cause by its
employee.
That at about 7:30 a.m., on
No.
the morning of April 1, 1946,
Lieut. Tomas Gillaco,
Art. 1105 (Old Civil Code):
husband of the plaintiff, was
a passenger in the early
"No one shall be liable for events which could not be foreseen or which, even if foreseen,
morning train of the Manila
were inevitable, with the exception of the cases in which the law expressly provides
Railroad Company from
otherwise and those in which the obligation itself imposes such liability."
Calamba, Laguna to Manila;
The act of guard Devesa in shooting passenger Gillaco (because of a personal grudge
That when the train reached
nurtured against the latter since the Japanese occupation) was entirely unforeseeable by
the Paco Railroad station,
the Manila Railroad Co. The latter had no means to ascertain or anticipate that the two
Emilio Devesa, a train guard
would meet, nor could it reasonably foresee every personal rancor that might exist
of the Manila Railroad
between each one of its many employees and any one of the thousands of eventual
Company assigned in the
passengers riding in its trains. The shooting in question was therefore "caso fortuito"
Manila-San Fernando, La
within the definition of article 105 of the old Civil Code, being both unforeseeable and
Union Line, happened to be
inevitable under the given circumstances; and pursuant to established doctrine, the
in said station waiting for the
resulting breach of appellant's contract of safe carriage with the late Tomas Gillaco was
same train which would take
excused thereby.
him to Tutuban Station,
where he was going to report
No doubt that a common carrier is held to a very high degree of care and diligence in the
for duty;
protection of its passengers; but, considering the vast and complex activities of modern
rail transportation, to require of appellant that it should guard against all possible
That Emilio Devesa had a
misunderstanding between each and every one of its employees and every passenger that
long standing personal
might chance to ride in its conveyances at any time, strikes us as demanding diligence
grudge against Tomas
beyond what human care and foresight can provide.
Gillaco, same dating back
during the Japanese
Another very important consideration that must be borne in mind is that, when the
occupation;
crime took place, the guard Devesa had no duties to discharge in connection with the
transportation of the deceased from Calamba to Manila. The stipulation of facts is clear
That because of this personal
that when Devesa shot and killed Gillaco, Devesa was assigned to guard the Manila-San
grudge, Devesa shot Gillaco
Fernando (La Union) trains, and he was at Paco Station awaiting transportation to
with the carbine furnished to
Tutuban, the starting point of the train that he was engaged to guard. In fact, his tour of
him by the Manila Railroad
duty was to start at 9:00 a.m., two hours after the commission of the crime. Devesa was
Company for his use as such
therefore under no obligation to safeguard the passenger of the Calamba-Manila train,
train guard, upon seeing him
where the deceased was riding; and the killing of Gillaco was not done in line of duty.
inside the train coach;
The position of Devesa at the time was that of another would be passenger, a stranger
also awaiting transportation, and not that of an employee assigned to discharge any of
That Tomas Gillaco died as a
the duties that the Railroad had assumed by its contract with the deceased. As a result,
result of the would which he
Devesa's assault cannot be deemed in law a breach of Gillaco's contract of
sustained from the shot fired
transportation by a servant or employee of the carrier.
by Devesa.
Maranan vs Perez Issue: Whether or not respondent should be liable for Coraecha’s death.
Perez when he was stabbed Moreover, the Gillaco case was decided under the provisions of the Civil Code of 1889
and killed by the driver, which, unlike the present Civil Code, did not impose upon common carriers absolute
Simeon Valenzuela. liability for the safety of passengers against wilful assaults or negligent acts committed by
their employees. The death of the passenger in the Gillaco case was truly a fortuitous
Valenzuela was prosecuted event which exempted the carrier from liability. It is true that Art. 1105 of the old Civil
for homicide in the Court of Code on fortuitous events has been substantially reproduced in Art. 1174 of the Civil
First Instance of Batangas. Code of the Philippines but both articles clearly remove from their exempting effect the
Found guilty, he was case where the law expressly provides for liability in spite of the occurrence of force
sentenced to suffer majeure. And herein significantly lies the statutory difference between the old and present
imprisonment and to Civil Codes, in the backdrop of the factual situation before Us, which further accounts for
indemnify the heirs of the a different result in the Gillaco case. Unlike the old Civil Code, the new Civil Code of the
deceased in the sum of Philippines expressly makes the common carrier liable for intentional assaults committed
P6,000. Appeal from said by its employees upon its passengers, by the wording of Art. 1759 which categorically
conviction was taken to the states that:
Court of Appeals.
Common carriers are liable for the death of or injuries to passengers through the
On December 6 1961, while negligence or willful acts of the former's employees, although such employees may have
appeal was pending in the acted beyond the scope of their authority or in violation of the orders of the common
Court of Appeals, Antonia carriers.
Maranan, Rogelio's mother,
filed an action in the Court The Civil Code provisions on the subject of Common Carriers1 are new and were taken
of First Instance of Batangas from Anglo-American Law. There, the basis of the carrier's liability for assaults on
to recover damages from passengers committed by its drivers rests either on
Perez and Valenzuela for the (1) the doctrine of respondeat superior or
death of her son. Defendants (2) the principle that it is the carrier's implied duty to transport the passenger safely.
asserted that the deceased
was killed in self-defense, Under the first, which is the minority view, the carrier is liable only when the act of the
since he first assaulted the employee is within the scope of his authority and duty. It is not sufficient that the act be
driver by stabbing him from within the course of employment only.
behind. Defendant Perez
further claimed that the death Under the second view, upheld by the majority and also by the later cases, it is enough
was a caso fortuito for which that the assault happens within the course of the employee's duty. It is no defense for the
the carrier was not liable. carrier that the act was done in excess of authority or in disobedience of the carrier's
orders. The carrier's liability here is absolute in the sense that it practically secures the
passengers from assaults committed by its own employees.
As can be gleaned from Art. 1759, the Civil Code of the Philippines evidently follows the
rule based on the second view. At least three very cogent reasons underlie this rule. As
explained in Texas Midland R.R. v. Monroe, 110 Tex. 97, 216 S.W. 388, 389-390, and
Haver v. Central Railroad Co., 43 LRA 84, 85:
(1) the special undertaking of the carrier requires that it furnish its passenger that full
measure of protection afforded by the exercise of the high degree of care prescribed by
the law, inter alia from violence and insults at the hands of strangers and other passengers,
but above all, from the acts of the carrier's own servants charged with the passenger's
safety; (2) said liability of the carrier for the servant's violation of duty to passengers, is
the result of the formers confiding in the servant's hands the performance of his contract
to safely transport the passenger, delegating therewith the duty of protecting the passenger
with the utmost care prescribed by law; and
(3) as between the carrier and the passenger, the former must bear the risk of wrongful
acts or negligence of the carrier's employees against passengers, since it, and not the
passengers, has power to select and remove them.
Accordingly, it is the carrier's strict obligation to select its drivers and similar
employees with due regard not only to their technical competence and physical
ability, but also, no less important, to their total personality, including their patterns
of behavior, moral fibers, and social attitude.
Issue: Whether or not there was contributory negligence on the part of the deceased.
PNR vs CA
Yes.
Isaac vs Al Ammen Trans Issue: Whether or not petitioner Isaac is guilty of contributory negligence.
Yes.
A. L. Ammen Transportation
Co., Inc., hereinafter referred A circumstances which miliates against the stand of appellant is the fact borne out by the
to as defendant, is a evidence that when he boarded the bus in question, he seated himself on the left side
corporation engaged in the thereof resting his left arm on the window sill but with his left elbow outside the window,
business of transporting this being his position in the bus when the collision took place. It is for this reason that the
passengers by land for collision resulted in the severance of said left arm from the body of appellant thus doing
compensation in the Bicol him a great damage. It is therefore apparent that appellant is guilty of contributory
provinces and one of the negligence. Had he not placed his left arm on the window sill with a portion thereof
lines it operates is the one protruding outside, perhaps the injury would have been avoided as is the case with the
connecting Legaspi City, other passenger. It is to be noted that appellant was the only victim of the collision.
Albay with Naga City,
Camarines Sur. One of the It is true that such contributory negligence cannot relieve appellee of its liability but will
buses which defendant was only entitle it to a reduction of the amount of damage caused (Article 1762, new Civil
operating is Bus No. 31. On Code), but this is a circumstance which further militates against the position taken by
May 31, 1951, plaintiff appellant in this case.
Cesar Isaac boarded said bus
as a passenger paying the It is the prevailing rule that it is negligence per se for a passenger on a railroad voluntarily
required fare from Ligao, or inadvertently to protrude his arm, hand, elbow, or any other part of his body through
Albay bound for Pili, the window of a moving car beyond the outer edge of the window or outer surface of the
Camarines Sur, but before car, so as to come in contact with objects or obstacles near the track, and that no recovery
reaching his destination, the can be had for an injury which but for such negligence would not have been sustained.
bus collided with a motor (10 C. J. 1139)
vehicle of the pick-up type
coming from the opposite Plaintiff, (passenger) while riding on an interurban car, to flick the ashes, from his cigar,
direction, as a result of thrust his hand over the guard rail a sufficient distance beyond the side line of the car to
which plaintiff's left arm was bring it in contact with the trunk of a tree standing beside the track; the force of the blow
completely severed and the breaking his wrist. Held, that he was guilty of contributory negligence as a matter of law.
severed portion fell inside (Malakia vs. Rhode Island Co., 89 A., 337.)
the bus. Plaintiff was rushed
to a hospital in Iriga,
Camarines Sur where he was
given blood transfusion to
save his life. After four days,
he was transferred to another
hospital in Tabaco, Albay,
where he under went
treatment for three months.
He was moved later to the
Orthopedic Hospital where
he was operated on and
stayed there for another two
months. For these services,
he incurred expenses
amounting to P623.40,
excluding medical fees
which were paid by
defendant.
Bachelor Express vs CA Issues: Whether or not the running amuck of the pasdenger was the proximate cause of
the death of Beter and Rautraut.
On August 1, 1980, Bus No. Whether or not such will totally exempt petitioner from liability.
800 owned by Bachelor
Express, Inc. and driven by Yes.
Cresencio Rivera was the
situs of a stampede which The running amuck of the passenger was the proximate cause of the incident as it
resulted in the death of triggered off a commotion and panic among the passengers such that the passengers
passengers Ornominio Beter started running to the sole exit shoving each other resulting in the falling off the bus by
and Narcisa Rautraut. passengers Beter and Rautraut causing them fatal injuries. The sudden act of the
passenger who stabbed another passenger in the bus is within the context of force
The evidence shows that the majeure.
bus came from Davao City
on its way to Cagayan de
Oro City passing Butuan No.
City; that while at Tabon-
Tabon, Butuan City, the bus However, in order that a common carrier may be absolved from liability in case of force
picked up a passenger; that majeure, it is not enough that the accident was caused by force majeure. The common
about fifteen (15) minutes carrier must still prove that it was not negligent in causing the injuries resulting from such
later, a passenger at the rear accident.
portion suddenly stabbed a
PC soldier which caused In the light of the foregoing, the negligence of the common carrier, through its employees,
commotion and panic among consisted of the lack of extraordinary diligence required of common carriers, in exercising
the passengers; that when the vigilance and utmost care of the safety of its passengers, exemplified by the driver's
bus stopped, passengers belated stop and the reckless opening of the doors of the bus while the same was
Ornominio Beter and Narcisa travelling at an appreciably fast speed.
Rautraut were found lying
down the road, the former At the same time, the common carrier itself acknowledged, through its administrative
already dead as a result of officer, Benjamin Granada, that the bus was commissioned to travel and take on
head injuries and the latter passengers and the public at large, while equipped with only a solitary door for a bus its
also suffering from severe size and loading capacity, in contravention of rules and regulations provided for under the
injuries which caused her Land Transportation and Traffic Code (RA 4136 as amended.)
death later. The passenger
assailant alighted from the Considering the factual findings of the Court of Appeals-the bus driver did not
bus and ran toward the immediately stop the bus at the height of the commotion; the bus was speeding from a full
bushes but was killed by the stop; the victims fell from the bus door when it was opened or gave way while the bus
police. Thereafter, the heirs was still running; the conductor panicked and blew his whistle after people had already
of Ornominio Beter and fallen off the bus; and the bus was not properly equipped with doors in accordance with
Narcisa Rautraut, private law-it is clear that the petitioners have failed to overcome the presumption of fault and
respondents herein (Ricardo negligence found in the law governing common carriers.
Beter and Sergia Beter are
the parents of Ornominio The petitioners' argument that the petitioners "are not insurers of their passengers"
while Teofilo Rautraut and deserves no merit in view of the failure of the petitioners to prove that the deaths of the
Zoetera [should be Zotera] two passengers were exclusively due to force majeure and not to the failure of the
Rautraut are the parents of petitioners to observe extraordinary diligence in transporting safely the passengers to their
Narcisa) filed a complaint destinations as warranted by law.
for "sum of money" against
Bachelor Express, Inc. its Note:
alleged owner Samson Yasay Escriche defines caso fortuito as an unexpected event or act of God which could neither
and the driver Rivera. be foreseen nor resisted, such as floods, torrents, shipwrecks, conflagrations, lightning,
compulsion, insurrections, destruction of buildings by unforeseen accidents and other
occurrences of a similar nature.
Fortune Express vs CA Issue: Whether or not petitioner is relieved from liability on account of force majuere.
No.
The seizure of the bus of the petitioner was foreseeable and, therefore, was not a fortuitous
event which would exempt petitioner from liabilty.
Art. 1174 of the Civil Code defines a fortuitous even as an occurrence which could not be
foreseen or which though foreseen, is inevitable.
Thus, in Vasquez v. Court of Appeals, it was held that the common carrier was liable for
its failure to take the necessary precautions against an approaching typhoon, of which it
was warned, resulting in the loss of the lives of several passengers. The event was
foreseeable, and, thus, the second requisite mentioned above was not fulfilled. This ruling
applies by analogy to the present case. Despite the report of PC agent Generalao that the
Maranaos were going to attack its buses, petitioner took no steps to safeguard the lives
and properties of its passengers. The seizure of the bus of the petitioner was foreseeable
and, therefore, was not a fortuitous event which would exempt petitioner from liability.
Petitioner invokes the ruling in Pilapil v. Court of Appeals and De Guzman v. Court of
Appeals in support of its contention that the seizure of its bus by the assailants constitutes
force majeure. In Pilapil v. Court of Appeals, it was held that a common carrier is not
liable for failing to install window grills on its buses to protect passengers from injuries
caused by rocks hurled at the bus by lawless elements. On the other hand, in De Guzman
v. Court of Appeals, it was ruled that a common carrier is not responsible for goods lost
as a result of a robbery which is attended by grave or irresistible threat, violence, or force.
It is clear that the cases of Pilapil and De Guzman do not apply to the present case. Art.
1755 of the Civil Code provides that a common carrier is bound to carry the passengers as
far as human care and foresight can provide, using the utmost diligence of very cautious
person, with due regard for all the circumstances. Thus, we held in Pilapil and De
Guzman that the respondents therein were not negligent in failing to take special
precautions against threats to the safety of passengers which could not be foreseen, such
as tortious or criminal acts of third persons. In the present case, this factor of
unforeseeablility (the second requisite for an event to be considered force majeure) is
lacking. As already stated, despite the report of PC agent Generalao that the Maranaos
were planning to burn some of petitioners buses and the assurance of petitioners
operations manager (Diosdado Bravo) that the necessary precautions would be taken,
nothing was really done by petitioner to protect the safety of passengers.
Manila Railroad vs Issue: Whether or not petitioner should be relieved from liability on the ground that
Ballesteros Abello was not its employee.
Smith Bell vs Borja Issue: Whether or not the explosion should be attributed to ITTC.
CLC-1002 [--] owned by exposure to the elements [while] floating in sea water for about three (3) hours; (4)
[Respondent] ITTC, a homonymous hemianopsia or blurring of the right eye [which was of] possible toxic
sudden explosion occurred origin; and (5) [c]erebral infract with neo-vascularization, left occipital region with right
setting the vessels afire. sided headache and the blurring of vision of right eye.[17]
Upon hearing the explosion,
[Borja], who was at that time Hence, the owner or the person in possession and control of a vessel and the vessel are
inside the cabin preparing liable for all natural and proximate damage caused to persons and property by reason of
reports, ran outside to check negligent management or navigation. Report (Exh. 10) dated October 21, 1987 submitted
what happened. Again, by the Admiral Surveyors and Adjusters, Inc., showed that no part of M/T King Family
another explosion was heard. sustained any sharp or violent damage that would otherwise be observed if indeed an
explosion had occurred on it. On the other hand, the fact that the vessel sustained cracks
Seeing the fire and fearing on its shell plating was noted in two Survey Reports from Greutzman Divers Underwater
for his life, [Borja] hurriedly Specialist, dated October 6, 1987 (Exh. 11), and during the underwater inspection on the
jumped over board to save sunken barge ITTC-101.
himself. However, the
[water] [was] likewise on
fire due mainly to the spilled
chemicals. Despite the
tremendous heat, [Borja]
swam his way for one (1)
hour until he was rescued by
the people living in the
squatters area and sent to San
Juan De Dios Hospital.
Issue: Whether or not petitioner should be exempt from liability because of force majuere.
Yobido vs CA
No.
In view of the foregoing, petitioners' contention that they should be exempt from liability
because the tire blowout was no more than a fortuitous event that could not have been
foreseen, must fail. A fortuitous event is possessed of the following characteristics:
(a) the cause of the unforeseen and unexpected occurrence, or the failure of the debtor to
comply with his obligations, must be independent of human will;
(b) it must be impossible to foresee the event which constitutes the caso fortuito, or if it
can be foreseen, it must be impossible to avoid;
(c) the occurrence must be such as to render it impossible for the debtor to fulfill his
obligation in a normal manner; and
(d) the obliger must be free from any participation in the aggravation of the injury
resulting to the creditor.
As Article 1174 provides, no person shall be responsible for a fortuitous event which
could not be foreseen, or which, though foreseen, was inevitable. In other words, there
must be an entire exclusion of human agency from the cause of injury or loss.
Under the circumstances of this case, the explosion of the new tire may not be considered
a fortuitous event. There are human factors involved in the situation. The fact that the tire
was new did not imply that it was entirely free from manufacturing defects or that it was
properly mounted on the vehicle. Neither may the fact that the tire bought and used in the
vehicle is of a brand name noted for quality, resulting in the conclusion that it could not
explode within five days' use. Be that as it may, it is settled that an accident caused either
by defects in the automobile or through the negligence of its driver is not a caso fortuito
that would exempt the carrier from liability for damages.
Moreover, a common carrier may not be absolved from liability in case of force majeure
or fortuitous event alone. The common carrier must still prove that it was not negligent in
causing the death or injury resulting from an accident. This Court has had occasion to
state:
While it may be true that the tire that blew-up was still good because the grooves of the
tire were still visible, this fact alone does not make the explosion of the tire a fortuitous
event. No evidence was presented to show that the accident was due to adverse road
conditions or that precautions were taken by the jeepney driver to compensate for any
conditions liable to cause accidents. The sudden blowing-up, therefore, could have been
caused by too much air pressure injected into the tire coupled by the fact that the jeepney
was overloaded and speeding at the time of the accident.
It is interesting to note that petitioners proved through the bus conductor, Salce, that the
bus was running at "60-50" kilometers per hour only or within the prescribed lawful speed
limit. However, they failed to rebut the testimony of Leny Tumboy that the bus was
running so fast that she cautioned the driver to slow down. These contradictory facts
must, therefore, be resolved in favor of liability in view of the presumption of negligence
of the carrier in the law. Coupled with this is the established condition of the road —
rough, winding and wet due to the rain. It was incumbent upon the defense to establish
that it took precautionary measures considering partially dangerous condition of the road.
As stated above, proof that the tire was new and of good quality is not sufficient proof
that it was not negligent. Petitioners should have shown that it undertook extraordinary
diligence in the care of its carrier, such as conducting daily routinary check-ups of the
vehicle's parts.
Bayasen vs CA Issue: Whether or not petitioner should not belianle since the cause of the accident was
the skidding of the vehicle.
Yes.
It is obvious that the proximate cause of the tragedy was the skidding of the rear wheels
of the jeep and not the "unreasonable speed" of the petitioner because there is no evidence
on record to prove or support the finding that the petitioner was driving a at "an
unreasonable speed".
It is a well known physical tact that cars may skid on greasy or slippery roads, as in the
instant case, without fault on account of the manner of handling the car. Skidding means
partial or complete loss of control of the car under circumstances not necessarily
implying negligence. It may occur without fault.
No negligence as a matter of law can, therefore, be charged to the petitioner. In fact, the
moment he felt that the rear wheels of the jeep skidded, he promptly drove it to the left
hand side of the road, parallel to the slope of the mountain, because as he said, he wanted
to play safe and avoid the embankment.
Under the particular circumstances of the instant case, the petitioner- driver who skidded
could not be regarded as negligent, the skidding being an unforeseen event, so that the
petitioner had a valid excuse for his departure from his regular course. The negligence of
the petitioner not having been sufficiently established, his guilt of the crime charged has
not been proven beyond reasonable doubt. He is, therefore, entitled to acquittal.
Gatchalian vs Delim Issue: Whether or not respondent can escape liability because of the waiver allegedly
made by petitioner.
At noon time on 11 July
Fortune Express vs CA Issue: Whether or not petitioner is relieved from liability on account of force majuere.
No.
The seizure of the bus of the petitioner was foreseeable and, therefore, was not a fortuitous
event which would exempt petitioner from liabilty.
Art. 1174 of the Civil Code defines a fortuitous even as an occurrence which could not be
foreseen or which though foreseen, is inevitable.
Thus, in Vasquez v. Court of Appeals, it was held that the common carrier was liable for
its failure to take the necessary precautions against an approaching typhoon, of which it
was warned, resulting in the loss of the lives of several passengers. The event was
foreseeable, and, thus, the second requisite mentioned above was not fulfilled. This ruling
applies by analogy to the present case. Despite the report of PC agent Generalao that the
Maranaos were going to attack its buses, petitioner took no steps to safeguard the lives
and properties of its passengers. The seizure of the bus of the petitioner was foreseeable
and, therefore, was not a fortuitous event which would exempt petitioner from liability.
Petitioner invokes the ruling in Pilapil v. Court of Appeals and De Guzman v. Court of
Appeals in support of its contention that the seizure of its bus by the assailants constitutes
force majeure. In Pilapil v. Court of Appeals, it was held that a common carrier is not
liable for failing to install window grills on its buses to protect passengers from injuries
caused by rocks hurled at the bus by lawless elements. On the other hand, in De Guzman
v. Court of Appeals, it was ruled that a common carrier is not responsible for goods lost
as a result of a robbery which is attended by grave or irresistible threat, violence, or force.
It is clear that the cases of Pilapil and De Guzman do not apply to the present case. Art.
1755 of the Civil Code provides that a common carrier is bound to carry the passengers as
far as human care and foresight can provide, using the utmost diligence of very cautious
person, with due regard for all the circumstances. Thus, we held in Pilapil and De
Guzman that the respondents therein were not negligent in failing to take special
precautions against threats to the safety of passengers which could not be foreseen, such
as tortious or criminal acts of third persons. In the present case, this factor of
unforeseeablility (the second requisite for an event to be considered force majeure) is
lacking. As already stated, despite the report of PC agent Generalao that the Maranaos
were planning to burn some of petitioners buses and the assurance of petitioners
operations manager (Diosdado Bravo) that the necessary precautions would be taken,
nothing was really done by petitioner to protect the safety of passengers.
Singson vs CA Issue: Whether or not Cathay Pacific should be held liable because of the negligence of its
agent?
On 24 May 1988 CARLOS
SINGSON and his cousin Yes.
Crescentino Tiongson
bought from Cathay Pacific CATHAY undoubtedly committed a breach of contract when it refused to confirm
Airways, Ltd. (CATHAY), petitioner's flight reservation back to the Philippines on account of his missing flight
at its Metro Manila ticket coupon. Its contention that there was no contract of carriage that was breached because
outlet two (2) open-dated, petitioner's ticket was open-dated is untenable. To begin with, the round trip ticket issued
identically routed, round trip by the carrier to the passenger was in itself a complete written contract by and between
plane tickets for the purpose the carrier and the passenger. It has all the elements of a complete written contract, to wit:
of spending their vacation in
the United States. Each ticket (a) the consent of the contracting parties manifested by the fact that the passenger agreed
consisted of six (6) flight to be transported by the carrier to and from Los Angeles via San Francisco and Hongkong
coupons corresponding to back to the Philippines, and the carrier's acceptance to bring him to his destination and
this itinerary: flight coupon then back home;
no. 1 - Manila to Hongkong; (b) cause or consideration, which was the fare paid by the passenger as stated in his ticket;
flight coupon no. 2 - and,
Hongkong to San Francisco; (c) object, which was the transportation of the passenger from the place of departure to
flight coupon no. 3 - San the place of destination and back, which are also stated in his ticket.6 In fact, the contract
Francisco to Los Angeles; of carriage in the instant case was already partially executed as the carrier complied with
flight coupon no. 4 - Los its obligation to transport the passenger to his destination, i.e., Los Angeles.
Angeles back to San
Francisco; flight coupon no. Only the performance of the other half of the contract — which was to transport the
5 - San Francisco to passenger back to the Philippines — was left to be done. Moreover, Timothy Remedios,
Hongkong; and, finally, CATHAY's reservation and ticketing agent, unequivocally testified that petitioner indeed
flight coupon no. 6 - had reservations booked for travel —
Hongkong to Manila. The
procedure was that at the Clearly therefore petitioner was not a mere "chance passenger with no superior right to be
start of each leg of the trip a boarded on a specific flight," as erroneously claimed by CATHAY and sustained by the
flight coupon corresponding appellate court.
to the particular sector of the
travel would be removed Interestingly, it appears that CATHAY was responsible for the loss of the ticket. One of
from the ticket booklet so two (2) things may be surmised from the circumstances of this case: first, US Air
that at the end of the trip no (CATHAY's agent) had mistakenly detached the San Francisco-Hongkong flight coupon
more coupon would be left in thinking that it was the San Francisco-Los Angeles portion; or, second, petitioner's
the ticket booklet. booklet of tickets did not from issuance include a San Francisco-Hongkong flight coupon.
On 6 June 1988 CARLOS In either case, the loss of the coupon was attributed to the negligence of CATHAY's
SINGSON and Crescentino agents and was the proximate cause of the non-confirmation of petitioner's return flight on
Tiongson left Manila on 1 July 1988. It virtually prevented petitioner from demanding the fulfillment of the
board CATHAYs Flight No. carrier's obligations under the contract.
902. They arrived safely in
Los Angeles and after Had CATHAY's agents been diligent in double checking the coupons they were supposed
staying there for about three to detach from the passengers' tickets, there would have been no reason for CATHAY not
(3) weeks they decided to to confirm petitioner's booking as exemplified in the case of his cousin and flight
return to the Philippines. On companion Tiongson whose ticket booklet was found to be in order. Hence, to hold that
30 June 1988 they arranged no contractual breach was committed by CATHAY and totally absolve it from any
for their return flight at liability would in effect put a premium on the negligence of its agent, contrary to the
CATHAYs Los Angeles policy of the law requiring common carriers to exercise extraordinary diligence.
Office and chose 1 July
1988, a Friday, for their
departure. While Tiongson
easily got a booking for the
flight, SINGSON was not as
lucky. It was discovered that
his ticket booklet did not
have flight coupon no. 5
corresponding to the San
Francisco-Hongkong leg of
the trip. Instead, what was in
his ticket was flight coupon
no. 3 - San Francisco to Los
Angeles - which was
supposed to have been used
and removed from the ticket
booklet. It was not until 6
July 1988 that CATHAY
was finally able to arrange