7 La Mallorca v.

CA
G.R. No. L-20761. July 27, 1966. J. Barrera

FACTS: Around noon on December 20 1953, Mariano Beltran together with his wife and
3 minor children namely: Milagros (13), Raquel (4 ) and Fe (2yrs), boarded the
Pambusco Bus, operated by La Mallorca, bound for Anao, Mexico, Pampanga. They
carried 4 pieces of baggage. The conductor of the bus, half-brother of Mariano, issued 3
tickets covering the full fares of Mariano, his wife, and Milagros. No fare was charged
on Raquel and Fe since both were below the height at which fare is charged according
to La Mallorcas rules. After around an hour of traveling, it reached Anao and the bus
stopped to allow passengers to get off.

Mariano got off the bus, carrying some of their baggage. He was followed by his wife
and children and he led them to a shaded spot about four-five meters away from the
bus. Mariano returned to the bus to get his other bayong that he had left under the seat.
However, he did not know that his daughter Raquel followed him. While he was on the
running board of the bus waiting for the conductor to hand him his bayong, the bus,
whose motor was not shut off while unloading, suddenly started moving forward. This
happened even if the conductor had not yet given the signal to the driver to resume the
trip. Mariano jumped off without getting his bayong, landing almost in fron of the shaded
area where he left his wife and children. The bus stopped about 10 meters from the
point where Mariano had gotten off. When Mariano landed, he saw people gathering
around the body of Raquel lying prostrate on the ground, her skull crushed and without
life.

For the death of their child, Sps. Beltran commenced a suit against La Mallorca, seeking
to recover moral and actual damages. RTC: La Mallorca liable for breach of contract of
carriage. CA sustained La Mallorcas argument that there could not be a breach of
contract in the case, for the reason that when the child met her death, she was no
longer a passenger of the bus involved in the incident and, therefore, the contract of
carriage had already terminated. However, found La Mallorca liable for quasi-delict.

ISSUE: Whether or not La Mallorca is liable for breach of contract of carriage

HELD: Yes.The relation of carrier and passenger does not cease at the moment the
passenger alights from the carriers vehicle at a place selected by the carrier at the point
of destination, but continues until the passenger has had a reasonable time and
opportunity to leave the carriers premises. And what is reasonable time or a
reasonable delay within this rule is to be determined from the circumstances.

In the circumstances, it cannot be claimed that the carriers agent had exercised the
utmost diligence of a very cautious person required under Art. 1755.
a. the driver, although stopping the bus, did not put off the engine.
b. he started to run the bus even before the bus conductor gave him the signal
to go and while the latter was still unloading part of the baggage of the
passengers.
The presence of said passengers was not unreasonable and they are, therefore,
entitled to be considered still as passengers of the carrier, entitled to the protection
under their contract of carriage. Even assuming, that the contract of carriage has
terminated, petitioner can still be held liable for the negligence of its driver for quasi
delict under Art. 2180 of the civil code. Even though the complaint was for a breach of
contract, the allegation of quasi-delict was sufficiently pleaded in the complaint which
stated that the death of Raquel Beltran was caused by the negligence on the part of the
defendants.