PERENA VS. ZARATE G.R. NO. 157917 August 29, 2012 Bersamin, J.

FACTS: Perenas were engaged in the business of transporting students to Don Bosco. The
Zarates engaged Perenas services to transport their son, Aaron, to school. While on the way to
school, the van’s air-conditioned unit was turned on and the stereo playing loudly. The driver
took a detour because they were running late due to the traffic in SLEX. The detour was through
a narrow path underneath the Magallanes Interchange used as short cut into Makati. When the
van was to traverse the PNR railroad crossing, the van was tailing a large passenger bus so the
driver’s view of the oncoming train was blocked. The train hit the van at the rear end and the
impact threw 9 students including Aaron out of the van. Aaron landed in the path of the train
which dragged his body and severed his head, instantaneously killing him. The Zarates filed for
damages against Alfaro, Perenas, PNR, and the train driver. The cause of action against Perena
was for contract of carriage while for PNR, quasi delict. Perena posited the defense of diligence
of a good father in the selection and supervision of their driver

ISSUE/S: Were Perenas and PNR jointly and severally liable for damages? Is the petitioner a
common carrier?

RULING: YES. A school bus operator is a common carrier. Perena’s defense of diligence of a
good father in the selection and supervision of their driver is unavailable for breach of contract of
carriage. Perenas operated as a common carrier; and their standard of care was extraordinary
diligence, not only diligence of a good father. A carrier is a person or corporation who
undertakes to transport or convey goods from one place to another, gratuitously or for hire. They
may be private or common

Private carrier is one who, without holding himself or itself out to the public as ready to act for
all who may desire his or its services, undertakes, by special agreement in a particular instance
only, to transport goods or persons from one place to another either gratuitously or for hire. The
diligence required of a private carrier is only ordinary

Common Carrier is a person, corporation, firm or association engaged in the business of

carrying or transporting passengers or goods or both, by land, water, or air, for compensation,
offering such services to the public.

Diligence required is to observe extraordinary diligence, and is presumed to be at fault or to have

acted negligently in case of the loss of effects of passengers, or death or injuries to passengers
The true test for a common carrier is not the quantity or extent of business actually transacted, or
the number of conveyances, BUT WHETHER the undertaking is a part of the activity that he has
held out to the general public as his business or occupation.
The Perenas held themselves out as a ready transportation indiscriminately to the students of a
particular school living within or near where they operated the service and for a fee. Perena,
being a common carrier, was already presumed to be negligent at the time of the accident
because death occurred to their passenger. The omissions of care on the part of the driver
constituted negligence.