RELAE! LA"# Civil Code: ART. 1755. 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, ith a due regard for the all the circumstances. $A%&# !everina "arces and her son #recillano $ecesito boarded a passenger truc% of the #hilippine Rabbit &us 'ines driven by (rancisco &andonell. The truc% entered a ooden bridge, but the front heels served to the right. The driver lost control, and after rec%ing the bridge)s ooden rails, the truc% fell on its right side into a cree% here ater as breast deep. "arces died due to droning hile $ecesito su*ered in+uries. To actions for damages and attorney)s fees totalling over #,5,--- ere .led ith the Tarlac C(/ against the carrier. The carrier pleaded that the accident as due to 0engine or mechanical trouble0 independent or beyond the control of the defendants or of the driver &andonell. R%'s R(L)NG# The trial court found that the bus as proceeding sloly due to the bad condition of the road and that accident as due to the fracture of the truc%1s right steering %nuc%le hich could not be %non by the carrier. Thus, it dismissed the complaints holding that the accident as e2clusively due to fortuitous events. )&&(E# 3hether or not the carrier is liable for the manufacturing defect of the steering %nuc%le, and hether the evidence discloses that in regard thereto the carrier e2ercised the diligence re4uired by la. &%'s R(L)NG# 5es. 3hile the carrier is not an insurer of the safety of the passengers, a passenger is entitled to recover damages from a carrier for an in+ury resulting from a defect in an appliance purchased from a manufacturer, henever it appears that the defect ould have been discovered by the carrier if it had e2ercised the degree of care hich under the circumstances as incumbent upon it, ith regard to inspection and application of the necessary tests. /n this connection, the manufacturer of the defective appliance is considered in la the agent of the carrier, and the good repute of the manufacturer ill not relieve the carrier from liability. The rationale of the carrier1s liability is the fact that the passenger has no privity ith the manufacturer of the defective e4uipment6 hence, he has no remedy against him, hile the carrier usually has. Carrier1s liability rests upon negligence, his failure to e2ercise the 0utmost0 degree of diligence that the la re4uires, and in case of a passenger)s death or in+ury the carrier bears the burden of satisfying the court that he has duly discharged the duty of prudence re4uired.