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DANGWA TRANSPORTATION CO. v.

CA stop their conveyances a reasonable length of time in order
G.R. No. 95582 October 7, 1991 to afford passengers an opportunity to board and enter, and
they are liable for injuries suffered by boarding passengers
Facts: resulting from the sudden starting up or jerking of their
1. May 13, 1985, Theodore M. Lardizabal was driving a conveyances while they are doing so.
passenger bus belonging to Dangwa Transportation Co.
Inc. (Dangwa) Further, even assuming that the bus was moving, the act of
2. The bus was at full stop between Bunkhouses 53 and the victim in boarding the same cannot be considered
54 when a passenger alighted and Pedrito Cudiamat negligent under the circumstances. As clearly explained in
tried to board the vehicle the testimony of the a witness, the bus had "just started" and
3. Pedro Cudiamat fell from the platform of the bus when "was still in slow motion" at the point where the victim had
it suddenly accelerated forward boarded and was on its platform.
4. Pedro was ran over by the rear right tires of the vehicle The victim herein, by stepping and standing on the platform
5. Theodore first brought his other passengers and cargo of the bus, is already considered a passenger and is entitled
to their respective destinations before bringing Pedro all the rights and protection pertaining to such a contractual
to Lepanto Hospital where he expired relation. Hence, it has been held that the duty which the
6. Private respondents filed a complaint for damages carrier passengers owes to its patrons extends to persons
against Dangwa for the death of Pedro Cudiamat boarding cars as well as to those alighting therefrom.
7. Dangwa claims it observed and continued to observe
the extraordinary diligence required in the operation of Common carriers, from the nature of their business and
the co. and the supervision of the employees even as reasons of public policy, are bound to observe extraordinary
they are not absolute insurers of the public at large diligence for the safety of the passengers transported by the
8. RTC: in favour of Dangwa holding Pedrito as negligent according to all the circumstances of each case. A common
and his negligence was the cause of his death but still carrier is bound to carry the passengers safely as far as
ordered to pay in equity P 10,000 to the heirs of human care and foresight can provide, using the utmost
Pedrito diligence very cautious persons, with a due regard for all the
9. CA: reversed and ordered to pay Pedrito indemnity, circumstances.
moral damages, actual and compensatory damages
and cost of the suit By contract of carriage, the carrier assumes the express
obligation to transport the passenger to his destination safely
Issue: Whether or not Dangwa should be held liable for the and observe extraordinary diligence with a due regard for all
negligence of its driver Theodore the circumstances, and any injury that might be suffered by
the passenger is right away attributable to the fault or
Ruling: YES. A public utility bus, once it stops, is in effect negligence of the carrier. This is an exception to the general
making a continuous offer to bus riders. Hence, it becomes rule that negligence must be proved, and it is therefore
the duty of the driver and the conductor, every time the bus incumbent upon the carrier to prove that it has exercised
stops, to do no act that would have the effect of increasing extraordinary diligence as prescribed in Articles 1733 and
the peril to a passenger while he was attempting to board the 1755 of the Civil Code.
same. The premature acceleration of the bus in this case was
a breach of such duty. Moreover, the circumstances under which the driver and the
It is the duty of common carriers of passengers, including conductor failed to bring the gravely injured victim
common carriers by railroad train, streetcar, or motorbus, to

The evidence shows that after the accident the bus could have forthwith turned at Bunk 56 and thence to the .immediately to the hospital for medical treatment is a patent hospital. It defies 70 to allow a passenger to alight and to deliver a refrigerator. indifference. understanding and can even be stigmatized as callous despite the serious condition of the victim. but its driver instead opted to first proceed to Bunk and incontrovertible proof of their negligence.