Dangwa Transportation Co. Inc. V. CA Et Al.

(1991)

G.R. No. 95582 October 7, 1991

Lessons Applicable: Actionable Document (Transportation)
Laws Applicable: Art. 1733, Art. 1755

FACTS:
May 13, 1985: Theodore M. Lardizabal was driving a passenger bus belonging to
Dangwa Transportation Co. Inc. (Dangwa)
The bus was at full stop bet. Bunkhouses 53 and 54 when Pedro alighted
Pedro Cudiamat fell from the platform of the bus when it suddenly accelerated forward
Pedro was ran over by the rear right tires of the vehicle
Theodore first brought his other passengers and cargo to their respective destinations
before bringing Pedro to Lepanto Hospital where he expired
Private respondents filed a complaint for damages against Dangwa for the death of
Pedro Cudiamat
Dangwa: observed and continued to observe the extraordinary diligence required in the
operation of the co. and the supervision of the employees even as they are not absolute
insurers of the public at large
RTC: in favour of Dangwa holding Pedrito as negligent and his negligence was the cause
of his death but still ordered to pay in equity P 10,000 to the heirs of Pedrito
CA: reversed and ordered to pay Pedrito indemnity, moral damages, actual and
compensatory damages and cost of the suit

ISSUE: W/N Dangwa should be held liable for the negligence of its driver Theodore

HELD: YES. CA affirmed.

A public utility once it stops, is in effect making a continuous offer to bus riders (EVEN
when moving as long as it is still slow in motion)
Duty of the driver: do NOT make acts that would have the effect of increasing peril to a
passenger while he is attempting to board the same
Premature acceleration of the bus in this case = breach of duty
Stepping and standing on the platform of the bus is already considered a passenger and
is entitled all the rights and protection pertaining to such a contractual relation
Duty extends to boarding and alighting
GR: By contract of carriage, the carrier assumes the express obligation to transport the
passenger to his destination safely and observe extraordinary diligence with a due
 regard for all the circumstances, and any injury that might be suffered by the passenger
is right away attributable to the fault or negligence of the carrier
EX: carrier to prove that it has exercised extraordinary diligence as prescribed in Art.
1733 and 1755 of the Civil Code
Failure to immediately bring Pedrito to the hospital despite his serious condition =
patent and incontrovertible proof of their negligence
Hospital was in Bunk 56
1st proceeded to Bunk 70 to allow a passenger (who later called the family of Pedrito on
his own will) to alight and deliver a refrigerator
In tort, actual damages is based on net earnings