Dangwa Transportation Co., Inc. v.
CA It is the duty of common carrier of passengers to stop their conveyances for a
FACTS: (izzy digest)
Bus company - Dangwa Transportation Co ; Driver of the bus - Theodore Malecdan ;
Heirs of Pedrito Cudiamata - private respondents
1. May 13, 1985: Theodore M. Lardizabal was driving a passenger bus belonging
to Dangwa Transportation Co. Inc. (Dangwa)
2. The bus was at full stop between Bunkhouses 53 and 54 when Pedro alighted
3. Pedro Cudiamat fell from the platform of the bus when it suddenly accelerated
forward
4. Pedro was ran over by the rear right tires of the vehicle
5. Theodore first brought his other passengers and cargo to their respective
destinations before bringing Pedro to Lepanto Hospital where he expired
6. Private respondents filed a complaint for damages against Dangwa for the
death of Pedro Cudiamat
7. Dangwa contends that it observed and continued to observe the extraordinary
diligence required in the operation of the co. and the supervision of the
employees even as they are not absolute insurers of the public at large and
that the driver and the conductor had no knowledge that the victim would ride
on the bus since the victim did not manifest his intention to board the bus.
RTC: Victim was negligent and found that victim was negligent in trying to board a
moving vehicle with one of his hands holding an umbrella and WITHOUT giving ANY
INDICATION that he wishes to board the bus.
CA: Petitioner was negligent. The bus was at full stop when Pedro boarded, the
victim indicated his intention to board the bus since Pedro was no longer walking
and made a sign to board the bus when the bus was still at a distance from him.
When Pedro was closing his umbrella at the platform of the bus when the driver of
the bus prematurely stepped on the accelerator and did not wait for Pedro to first
secure his seat considering also that the platform was at that time, slippery and wet
due to the drizzle.
ISSUE: Whether the bus is liable as a common carrier to the deceased who was still
attempting to board - YES
HELD:
Common carriers are liable for injuries suffered by boarding passengers resulting
from the sudden jerking of their conveyances.
Once it stops, a public utility bus is in effect making a continuous offer to bus
riders. It is the duty of the driver and conductor to do no act that would
increase the peril to a passenger attempting to board the bus.
reasonable length of time to give passengers an opportunity to board.
The victim became a passenger when he stepped and stood on the bus
platform.
The victim was not negligent.
Even if it was moving, witnesses testified that the bus had just started and it
was still in slow motion when the victim was on the platform.
It is not negligence to board a conveyance moving slowly. An ordinarily
prudent person would have attempted the same under similar circumstances.
Passengers alighting from slowly moving vehicles is of common experience.
Common carriers are bound to observe extraordinary diligence for the safety of its
passengers. It is bound to carry the passengers safely as far as human care and
foresight can provide, using the utmost diligence of very cautious persons, with
due regard for all the circumstances.
Carrier assumes the express obligation to transport the passenger to his
destination safely and observe extraordinary diligence with a due regard for all
the circumstances. Any injury suffered by the passenger is right away
attributable to the fault or negligence of the carrier.
The common carriers presumed negligence is an exception to the general rule
that negligence must be proved.
It is incumbent upon the carrier to prove that it exercised extraordinary
diligence.
Moreover, there is still proof of their negligence. The driver and conductor
failed to bring the victim to the hospital immediately. It was even another
passenger that informed the family of the victim.
Damages:
Only net earnings are considered: Earnings less expenses necessary in the
creation of the earnings and minus living expenses.
Note: bus conductor testified that a passenger was alighting to he signaled the
driver. They saw an umbrella and he signaled again. The driver stopped and
Cudiamat was already lying down about 3 meters from the back of the bus.