Dangwa Transportation Co. vs Court of Appeals GR No. 95582 October 1991

Facts:
On March 25, 1985, Pedrito Cudiamat was ran over by a bus operated by Dangwa Transportation Company, and driven by Theodore Lardizabal. Lardizabal, being reckless and negligent, has prematurely stepped on the accelerator of the bus just as when Cudiamat boarded the same. The sudden jerk movement caused Cudiamat to fall from the platform and was ran over by they bus. Moreover, the driver did not immediately brought the victim to the nearest hospital for medical attention.

Issue:
Whether or not the driver and bus company are liable for the death of P. Cudiamat.

Held:
They are liable.

Common carriers, from the nature of their business and reasons of public policy, are bound to observe extraordinary diligence for the safety of the passengers transported by the according to all the circumstances of each case. A common carrier is bound to carry the passengers safely as far as human care and foresight can provide, using the utmost diligence very cautious persons, with a due regard for all the circumstances.

It has also been repeatedly held that in an action based on a contract of carriage, the court need not make an express finding of fault or negligence on the part of the carrier in order to hold it responsible to pay the damages sought by the passenger. 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. This is an exception to the general rule that negligence must be proved, and it is therefore incumbent upon the carrier to prove that it has exercised extraordinary diligence as prescribed in Articles 1733 and 1755 of the Civil Code.