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Dangwa Transportation Inc. V.

CA, 1991
FACTS:
On May 13, 1985, Theodore M. Lardizabal was driving a passenger bus belonging to
Dangwa Transportation Co. Inc. (Dangwa). The bus was at full stop between
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 asserted that it observed and continued to observe the
extraordinary diligence required in the operation of the company and the
supervision of the employees even as they are not absolute insurers of the public at
large
RTC: in favour of Dangwa holding Pedro 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 Pedro
CA: reversed and ordered to pay Pedro 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). It is the duty of the driver
not to 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 is tantamount to 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 to such a contractual relation.

Duty extends to boarding and alighting. Under the general rule, 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 except the carrier proved
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 is
tantamount to patent and incontrovertible proof of their negligence. Hospital was in
Bunk 56 but the carrier 1st proceeded to Bunk 70 to allow a passenger (who later
called the family of Pedro on his own will) to alight and deliver a refrigerator.
In tort, actual damages is based on net earnings.

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