DANGWA TRANSPORTATION CO., INC., v.

COURT OF APPEALS
G.R. No. 95582, 7 October 1991
FACTS:
Theodore M. Lardizabal was driving a passenger bus belonging to Dangwa Transportation
Co. Inc. 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 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’s contention was that the bus driver should have 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 ruled 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:
Whether Dangwa should be held liable for the negligence of its driver Theodore
RULING:
Yes. A public utility once it stops, is in effect making a continuous offer to bus riders. It is
the duty of the driver to 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 is considered a breach of duty.
The 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. It is the duty
of the common carrier which extends to boarding and alighting
As a 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
As an exception 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. Actual damages is based on net earnings