PRECILLANO NECESITO, ETC. vs. NATIVIDAD PARAS, ET AL.

G.R. No. L-10605, June 30, 1958)

FACTS:
A mother and her son boarded a passenger auto-truck of the Philippine Rabbit Bus Lines. While
entering a wooden bridge, its front wheels swerved to the right, the driver lost control and the
truck fell into a breast-deep creek. The mother drowned and the son sustained injuries. These
cases involve actions ex contractu against the owners of PRBL filed by the son and the heirs of
the mother. Lower Court dismissed the actions, holding that the accident was a fortuitous event.
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 diligence
required by law (Art. 1755, new Civil Code)
HELD:
Yes.
While the carrier is not an insurer of the safety of the passengers, the manufacturer of the
defective appliance is considered in law the agent of the carrier, and the good repute of the
manufacturer will not relieve the carrier from liability. The rationale of the carriers liability is the
fact that the passengers has no privity with the manufacturer of the defective equipment; hence,
he has no remedy against him, while the carrier has. We find that the defect could be detected.
The periodical, usual inspection of the steering knuckle did not measure up to the utmost
diligence of a very cautious person as far as human care and foresight can provide and
therefore the knuckles failure cannot be considered a fortuitous event that exempts the carrier
from responsibility.