Tamayo vs.

Pascua
Doctrine:
Common Carriers; Relationship of Carrier and Passenger; Creation
There is concurrence of offer on the part of a commuter and acceptance on the part of a common carrier
to take the former as a passenger, where the commuter flags down the bus to stop and the bus, and the
bus slows down to a turtle pace along a loading and unloading island, apparently in the act of allowing
and enabling the commuter to board it.

Common knowledge and experience; slowing down to allow passenger to board bus; driver’s duty.
A bus need not come to a dead stop to allow passengers to board it. It is enough that it slows down to a
negligible speed, allowing people to board it without danger to their lives and limbs. This is a matter of
common knowledge and experience in the city of manila and suburbs. Under such circumstances it is a
driver’s duty to see to it that every person who wants to board the bus is safe inside before picking up
speed and moving forward.

Use of diligence of a good father of a family, not a defense

The liability of a common carrier under article 1759 of the Civil Code does not cease upon proof it had
exercised all the diligence of a good father of a family in the selection and supervision of its employees,
which is a defense available only in quasi-delict where no contractual relation between the injured and
the one causing the Injury exists.

Facts:
A bus of Royal Bus Co. passing the rotonda in Baclaran slowed down upon approaching an island. There
were several persons who were waiting for transportation, among whom was Benito Tamayo. In view of
the slow pace of the bus which was a sign that bus was going to pick up passengers from the island, Benito
Tamayo succeeded in holding the handle at the entrance and placing his 2 feet on the first step of the
running board, but all of a sudden the bus suddenly increased its speed causing Tamayo to lose his balance
and fall to the ground.

TC: Dismissed complaint on the ground that there was no contract of carriage. There having been no offer
from plaintiff communicated to the driver of the bus. Plaintiff boarded the bus without signaling to the
driver.

Issue: Whether there was a contract of carriage between the Royal Bus and Tamayo.
Held: Yes
The testimony of a traffic officer who was near the place where the incident occurred convinced the
court that there was indeed a contract of carriage between the parties since there was concurrence of
offer on the part of a commuter and acceptance on the part of a common carrier to take the former as a
passenger, where the commuter flags down the bus to stop and the bus, and the bus slows down to a
turtle pace along a loading and unloading island, apparently in the act of allowing and enabling the
commuter to board it. A bus need not come to a dead stop to allow passengers to board it. It is enough
that it slows down to a negligible speed, allowing people to board it without danger to their lives and
limbs (see doctrine)