ASSIGNMENT: (Sources of Obligation) X, a passenger on a bus operated by Y

company, suffers injuries due to the negligence of the driver. Discuss the legal options
that X can pursue.

Answer:

X may file a case against the driver and his employer, Y, under the Penal code.
However, Y is only subsidiary liable in case the driver cannot pay the damages. In the
case, the driver is primary liable for the negligence he did which caused damages to X.

Under the civil code, quasi-

delict (culpa aquiliana)
committed by D is also a
source of liability by him and
his employer. As it is a case of a
quasi-delict where
X died because of the
negligence done by D, P’s heirs
can take action against
either D and his employer, or
both. D's liability is both direct
and primary. In this
case, D's employer can be
relieved of his liability if he can
prove his due diligence
of a good father of a family in
his drivers' selection and
supervision. Moreover, the
heirs of passenger P can take
action against D’s employer as
there is a breach of
contract in the carriage of P. As
a person who runs a business in
the transportation
industry, there is a presumed
contract for them to transport
people to their
destination safely. So, in this
case, D’s employer is directly
and primarily liable.
Under the Civil Code, X may file an action against the driver and Y, or both, as it
was a quasi-delict. Just like in the Penal Code, the driver is primary liable. Y, on the
other hand, may be relieved of his liability if he can prove his due diligence of a good
father of a family in his drivers’ selection and supervision. X may also file a case against
Y as there is a breach of contract in the carriage of X. As a person who runs business in
transportation, it is presumed that they should transport people to their destination
safely which makes Y primary liable in this case.