CAGAYAN STATE UNIVERSITY Tuguegarao City, Cagayan College of Law }\D TERM... "EXAMINATION First Semester School Year 2018-2019 SUBJECT: TRANSPORTATION LAWS QUESTIONS REMINDER: I advise you to answer YES/NO if required to do so, then EXPLAIN if required to do so ~ otherwise, I will not consider your answer. Equally advised is to answer BRIEFLY and CONCISELY ~ otherwise irrelevant verbosit will be taken against you. Facts: The bus of common carrier stopped to let a passenger (Jose) aboard. The bus conductor (Conductor) remembered the face of Jose as the one who killed his brother way back 1 year ago. While the bus was running, Conductor (while holding steel pipe) confronted Jose and a lengthy heated altercation ensued between them, then Conductor and Jose engaged into a fight, then the former i the head of the latter repeatedly with a steel pipe - and while at that juncture, (atip larip (another passenger) panicked and jump-off the bus. Finally, the bus stopped and parked safely and properly at the shoulder of the highway, howeverya egliggntly bump the rear of the bus injuring Pedro (a passenger who surreptitiously bédrded the bus to avoid paying his fare). Jose died, while Mario and Pedro physically injured. Lattyn of Cama paneeger + 1. Question: Heirs of Jose filed civil case for damages against the common carrier for breach of contract of carriage - however, the latter denied liability for damages because not only that Conductor ignored but in fact violated his duty to take care of the safety of passengers such as Jose, moreover, the Conductor killed Jose based on his own very personal reason not in any way related to his job as conductor. Is the common carrier correct? Yes/No. Explain briefly and concisely. 14) 2. Question: Mario filed civil action for damages against the common carrier for breach of contract of carriage - however, the latter denied liability because Marioassumed risk to himself when he jumped-off the bus while it was running. Is the common carrier correct? Yes/No. Explain briefly and concisely. 3. Question: Can the common carrier invoke diligence of a good father of a family in the selection and supervision of his bus driver against Jose and Mario? Yes/No. Explain briefly and concisely. quasi Ad ah mw ee epuhey infact 4. Question: Pedro filed civil action for damages against the common carrier for breach of contract of carriage - however, the latter denied liability because Pedro is not a passenger, hence, there is no contract of carriage existing between them, Is the common carrier correct? Yes/No. Explain briefly and concisely. “fed SA deuwal prema 5. Question: Taking all the factual milieu of the case, is there any legal possibility that Pedro can claim damages for ne injury he sustained? Yes/No. Explain briefly and concisely. fl, - natant 6. Question: Suppose Pedro filed civil case for damages against the truck owner and truck driver, and it is proven that the truck driver was negligent/and by virtue of Article 2180 NCC, the truck owner is vicariously liable for the damages to Pedro due to negligent act of his truck driver. Now, is there any defense by truck owner to avoid his civil liability to Pedro? Yes/No. Explain briefly and concisely. woke dil of a uel fiber GOOD LUCK! Prepared by: Atty. Robin R. Arsitio