Академический Документы
Профессиональный Документы
Культура Документы
ISSUE:
1. W/N Petitioner is liable for the death of Atty. Caorong by failing to
take necessary precautions to ensure the safety of its passengers;
2. W/N the attack by the Maranaos constituted causo fortuito?
HELD: Petitioner is liable. Attack was not a fortuitous event.
Article 1763 holds common carriers liable for the injuries to
passengers caused by the wilful act of other passengers, if its
employees failed to exercise the diligence of a good father in
preventing the act.
Despite the warning by the constabulary officer, petitioner did
nothing to protect the safety of its passengers.
If petitioner took the necessary precautions, they would have
discovered the weapons and the large quantity of gasoline the
malefactors carried with them.
A common carrier is liable for failing to prevent hijacking by
frisking passengers and inspecting baggages.1
The seizure of the bus was not force majeure. Of the four elements
to constitute an event as caso fotuito, the element of
unforeseeable or unavoidable circumstances was lacking.
The seizure of the bus was foreseeable, given the fact that
petitioner was well-informed of the possibility, days before the
incident. This situation was likened to a case2 where the common
carrier failed to take safety precautions despite warnings of an
approaching typhoon.
Petitioner is solely liable for Atty. Caorongs death. There was no
contributory negligence on the part of the victim, since all he did
was pleading for the life of the driver. His heroic effort was neither
an act of negligence or recklessness.