Relative to the bus tragedy transpired at Tanay Rizal, on February 20, 2017

which had claimed the lives of 15 people including the bus driver, the following
questions had surfaced: Who are the liable parties? What are their liabilities? What
are its legal implications?

The contract entered into is a transportation contract; A Contract of

Transportation is a contract whereby a person, natural or juridical, obligates
himself to transport persons or goods, or both, from one place to another, by land,
water or air, for a price or compensation.

A Contract of Transportation is imbued with public interest, and that is the reason
why it is considered a public utility. As a public utility, the State has the power to
regulate it for public welfare and the common good.

In the Philippines there are teo kinds of carrier Common

carriers are persons, corporations, firms or associations engaged in the
business of carrying or transporting passengers, or goods or both, by land,
water or air, for compensation, offering their services to the public
indiscriminately (Art. 1732 NCC)

Its distinctive characteristic is that it undertakes to carry ALL people

indiscriminately (Exceptions Public safety and Public convenience).
The governing law is the Civil Code of the Philippines (RA 386)

The entities engaged in this business are sole proprietorships,

partnerships and corporations.
The best evidence/proof of the contract is passenger ticket (for
passengers) and bill of lading (for goods).
All Common Carriers are required to obtain a Certificate of Public
Convenience/ Certificate of Franchise or Authorization (considered a mere
privilege and not a property right) for them to operate.
In case of a negligent or tortious act, the liability of the Common Carrier
can be enforced either through:
i. Culpa Contractual / Breach of Contract
ii. Culpa Aquiliana /Tort / Quasi-Delict
iii. Culpa Criminal / Criminal case (e.g. for physical injuries)

2. The other carrier is a Private Carrier. It is one who, without being

engaged in the business of carrying as a public employment, undertakes to
deliver goods or passenger for a compensation (charter agreement).

DISTINCTIONS COMMON CARRIER PRIVATE CARRIER

Obligations to carry Bound to carry ALL who CAN CHOOSE the persons
choose to employ it whom it may contract
Diligence required Extraordinary diligence Ordinary diligence
The subject bus is a common carrier In the Carriage of Passengers
 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 circumstances. (Article 1755,
NCC)

The relationship ends when the passenger after reaching the destination safely
alighted and had the reasonable opportunity to leave the common carriers
premises, which includes the time to look for his baggage and claim them. (Aboitiz
Shipping vs. CA, 179 SCRA 95; La Mallorca vs. CA, 17 SCRA 739)

Article 1756. 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 as prescribed in articles 1733 and 1755.
Article 1757. The responsibility of a common carrier for the safety of passengers as required in
articles 1733 and 1755 cannot be dispensed with or lessened by stipulation, by the posting of
notices, by statements on tickets, or otherwise.
Article 1759. Common carriers are liable for the death of or injuries to passengers through the
negligence or willful acts of the formers employees, although such employees may have acted
beyond the scope of their authority or in violation of the orders of the common carriers.
This liability of the common carriers does not cease upon proof that they exercised all the diligence
of a good father of a family in the selection and supervision of their employees.

Article 1760. The common carriers responsibility prescribed in the preceding article cannot be
eliminated or limited by stipulation, by the posting of notices, by statements on the tickets or
otherwise.
Article 1761. The passenger must observe the diligence of a good father of a family to avoid injury to
himself.
Article 1762. The contributory negligence of the 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 equitably reduced.
Article 1760. The common carriers responsibility prescribed in the preceding article cannot be
eliminated or limited by stipulation, by the posting of notices, by statements on the tickets or
otherwise.
Article 1761. The passenger must observe the diligence of a good father of a family to avoid injury to
himself.
Article 1762. The contributory negligence of the 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 equitably reduced.