1.

Passenger is one who travels in public conveyance by virtue of contracts, express or implied, with
the carrier as to the payment of fare or that which is accepted as an equivalent thereof.

The common carrier’s liability for negligence in case of gratuitous contract is limited as long as
such act is not willful or grossly negligent.

2. A common carrier 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 a due regard for all the
circumstances.

3. (a) In case of buses, jeepney, or streetcars, the common carrier’s observance of extraordinary
diligence begins at the time when the passenger signals the bus, jeepney or streetcars or otherwise
manifests an intention to board or attempting to board such vehicle and the driver signals his
acceptance of the offer by slowing down or stopping at a point where the client can now board the
conveyance. It ends from the time the passenger safely steps from the vehicle into the street or
highway at a reasonably safe and proper place or destination.

(b) In cases of trains, the common carrier’s observance of extraordinary diligence begins from the
moment the person who purchases the ticket from the carrier presents himself at the proper place and in
a proper manner to be transported. The observance of extraordinary diligence will not end until the
passenger has, after reaching his destination, safely alighted from the carrier’s conveyance or had a
reasonable opportunity to leave the carrier’s premises.

(c) In cases of boats and ships, the common carrier’s observance of extraordinary diligence begins from
the moment the passenger takes the boat or ships with express or implied consent of the carrier . It ends
from the moment the passenger has been landed at the port of destination and has left the vessel owner’s
dock or premises.

(d) In cases of planes, the common carrier’s observance of extraordinary diligence begins from the
moment it was established that the passenger had checked in at the departure counter, passed through
customs and immigration, boarded the shuttle bus and proceeded to the ramp of the aircraft and baggage
already loaded to the aircraft. The observance of extraordinary diligence will not end until the passenger
has, after reaching his destination, safely alighted from the carrier’s conveyance or had a reasonable
opportunity to leave the carrier’s premises.

4. In case of death of or injuries to passengers, common carriers are presumed to have been at fault
or to have acted negligently, unless they prove that they observed extraordinary diligence .
5. The two categories of International transportation are the following:
(a) The place of departure and the place of destination are situated within the territories
of two high contracting parties regardless of whether or not there be a break in the
transportation or a transshipment.
(b) The place of departure and the place of destination are within the territory of a single
high contracting party if there is an agreed stopping place within a territory subject to the
sovereignty, mandate or or authority of another power, even though the power is not a party
to the contravention
 High Contracting parties refer to those signatories to the convention who subsequently adheres
to it. In the first category, the place of departure and destination are within the territories of two
high contracting parties while in the second category are only within the territory of a single high
contracting party.

6. The contributory negligence of passenger does not bar recovery of damages for his death or
injuries, if the proximate cause thereof is the negligence of the common carrier, but the amount of
damages shall be equitable reduced.
7. Res ipsa loquitor is the doctrine being invoked by petitioner, holds the defendant liable where the
things which caused the injury complained of is shown to be under the latter’s management and
the accident is such that in the ordinary course of things , cannot be expected to happen if those
who have its management or control use proper care.

Furthermore, doctrine of res ipsa loquitor may be allowed only in the following circumstances:
First, when the event is of a kind which does not ordinarily occur in the absence of negligence.
Second, in other responsible causes. Third, when the indicated negligence is within the scope of
the defendant’s duty to the plaintiff.