7640, OFFICIAL GAZETTE Vou. 62, No. 1 [No. 16264-R. September 20, 1956] EUGENIO LANDICHO and MetiTiNA JONSON, pléintins ang appellees, vs, BATANGAS TRANSPORTATION Comeany, defendant and appellant. Common’ Canntens; Dury 10 Teasrort PASSENGE: Pont oF Destination; Extent or Svc Dury.—4 tation company being a franchised cartier {8 duty bovnd to transport its nr from the point of origin to the place of. destination, at) auch duty does not ercompass all’ the risks attendant to'h passenger in transit, for if that would be the ease a transportation firm would fbe’a good source of atipends fofsphe family of one sho would lke to end. it all by simply boarding a passenger bus, pay Ris fare and then intentionally fall from it. A carrier could 40) be charged with, a) care and diligence for each and evely individual passenger. Tt is/enoughythat. his employees must s00 to it that a pfssenger places himself safely inside the vehicle, that it is opprated carefully and that its méyhanism is perfectly alright ‘to avoid mishaps. It would be unreasonable to exact upon operators of public utility trucks to determine before. hand that a certain passenger is not liable to fall dizzy or sleepy on the way, for that is the very look-out of the pas- senger himself. APPEAL from a judgment of the Court of First Instance of Batangas. Vasquez, J. The facts are stated in the opinion of the Court. Ozaeta, Lichaueo & Pieazo for defendant and appellant. Vicente L. Arcega for plaintiffs and appellees. Penta, J. On the morning of May 21, 1954, Eugenio Landicho 7 stopped bus Ng’ 443 of the Batangas Transportation pany at barrio Bagong Pook, Nasttgky, Batangas. boarding the bys, the conductor helped the passenger in placing his fo baskets of chickens inside the running board. According to the conductor after he had tied the baskets,.the passenger boarded the truck, without having tered aap word, On being asked where he was goi andicho-angwored that he was going to bring the chickens A ticket having been issued to him, said/ ger Feciprocally tendered a one-peso bill for which is was given a change of P.50. After covering a distance / of one and a half kilometers, Eugenio Landicho claimed /that he had noticed) one cage of Ms chickens about to | fall. Thus, hecalfed the attention of the conductor and ||, for_failure ‘of the_latter to attend to the matter, the former fixed it.| It was then, according to Landicho when heffelitromthe bus. As the driver’s attention was called by, the conductor the vehicle was immediately stopped. (L THe passenger alighted, and placed Landicho in the bus. He was brought to the Palico bus station, then to the Balayan Emergency Hospital. Later on he was transSe a a eae t t y t ror 99,800.as actual comy ; twento Landi i GaeuS of the Bat dicho he No. atangas:‘Transpostatty he zode on I wich yn May 21, 1954, because cei ee » thereby sustaining Thefli moral damages + physical ie ig wife in the total amount Part and of that of sum of 2,000 by way of attorheyre tees the further dress in court cby filing a com complaint a ee Sought re praying for judgment as follow: june 12, 1954, te a J fa) Under the First Cause of Action— ne ing the defen many eae a mig 8 Tay the Hat the anmt f fe trom bas A (b) Under the Second Cause of Action— te vio ordering the defendant to pay the plaint plaintiff i the amount of 710,000 18 mou damages and to eee aaandite tina Jonson the amount of P5,000 as moral demageay (e) Under the Third Cause of Action— Ordering the defendant to pay the 72,000 as damages in the form of state (a) Under the Fourth Causs of Action— Ordering she defendant to pay the plaintift theramonnt of of 75,000 ag exempidry damages; and Such ther reliefs as may be just and ceuitabe ace the pre inises plus costs of the suit. ‘Answering the complaint, defendant prays for its dis- iff the amount of s fees; gone ot. situ that Eugenio Landicho's 22%igence was the causéyof the accidents c fading that the defendant-appellant exel diligence and ix¢fpy- charged with the n were of anticipal reised extra of ia not observe the injury to ime he hed to about ‘co fal Landicho dic family to avoid i hot finding that Eugenio Sof a good father of & rarding damages, f that PAW was true as claimed BY mnt fix ‘his eage of chickens nsethat it reais gona it_w t , the bus 1 bus station. where Eugenio _ / Landicho 2 ‘after the accident. Therefore, if the cage was because, as gleaned / trom the facts on, record, (2) to_the conduetor,” (2) that the passenger buses of the Batangas Transportation Company, “ as we, take judicial notice thereof, gre wide_snoua to. accomodate cage of chickers,)(3) that the road was smooth, emg asphalted and therefore not bumpy and i and (4) that the bus was running in a moderate speed. Re y¥ very circumstance that said cage was still in its when the bus reached the Palico station clearly belies laintiffs claim that-it wag about to fall, Fer this rea- (7 n, there was nothiyg? for which the conductor and hig) employer could be Meld liable for the fall Eusenid dicho from the bus of defendant eaiaed it defendant company being a Uffanchised ler ma Auty bound to transport its sengers from the point of “origin to the place of destthation, But surely such duty does not encompass all the risXs attendant to a passenger in transit, for if that would be the.cas¢_a transportation. firm would be a good source of stipends for the family of one who would ike to end it all by_simply boarding a if 2 Qassenger bus, pay el lly fall I \ ' from _it._Ayearrier could be charged with all the, and diligetice for ea covery individual passenger. oa is enough that his “ciplovees must see to it that r places himself safely inside the vehicle; that it is operated carefully and that its mechanism is perfectly p PY alright to avoid mishaps. would be unreasonable to exact upon operators of public utility trucks to determine not pe er ue wal was drowsy aiid as_he fell into 7 truck, and not, as he pretended, ‘then fixing - chickens, which, as_already stated elsewhe , End where they were placed by the conductor. a passenger,’ more than the carrier, being ft | Tis personb| habits; must see to it that he seats \ in a sa%-portion of the vehicle 80 as to avoid: \ down just in case, like what had happened ‘0 wlak, jf" hy wnay fee) sleepy or dizzy. That tance can-Wot - foreseen by a carrier much less by its employees, arid } -