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 destinationsbefore 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

Labels: 1991, Actionable Document, Art. 1733, Art. 1755, Case Digest, Dangwa Transportation Co. Inc. v.
CA, G.R. No. 95582, Juris Doctor, transportation, transportation case digest