LIGHT RAIL TRANSIT AUTHORITY
vs Navidad, et.al., G.R. No. 145804, February 6, 2003
Subject: Transportation Law
FACTS
Navidad, then drunk, entered
the EDSA LRT station after purchasing a token representing payment of the fare.
While Navidad was standing on the platform near the LRT tracks, Escartin, the
security guard assigned to the area approached Navidad. An altercation between
the two ensued that led to a fist fight. No evidence was adduced to indicate
how the fight started or who delivered the first blow or how Navidad later fell
on the LRT tracks. At the exact moment that Navidad fell, an LRT train,
operated by Roman, was coming in. Navidad was struck and killed instantaneously
by the moving train. The widow of Navidad, along with her children, filed a
complaint for damages against Escartin, Roman, the LRTA, the Metro Transit
Organization, Inc. (Metro Transit), and Prudent for the death of her husband.
The trial court ordered
Prudent Security and Escartin to pay damages. On appeal, the appellate court
exonerated Prudent from any liability for the death of Navidad and, instead,
holding the LRTA and Roman jointly and severally liable. The appellate court
ruled that while the deceased might not have then as yet boarded the train, a
contract of carriage had already existed when the victim entered the place
where passengers were supposed to be after paying the fare and getting the
corresponding token.
ISSUE
Whether or not there exists a
contract of carriage to make LRTA liable, as common carrier.
RULING
Yes, there exists a contract
of carriage which will make LRTA, a common carrier, liable for the death of
Natividad.
Under the law, common carrier
is bound to carry the passengers safely as far as human care and foresight can
provide, using the utmost diligence of very cautious persons, with a due regard
for all the circumstances. In case of death of or injuries to passengers,
common carriers are presumed to have been at fault or to have acted
negligently, unless they prove that they observed extraordinary diligence.
In this case, a contract of
carriage was created from the moment Navidad paid the fare at the LRT station
and entered the premises of the latter, entitling Navidad to all the rights and
protection under a contractual relation. LRTA is liable for the death of
Navidad in failing to exercise extraordinary diligence imposed upon a common
carrier. The law requires common carriers to carry passengers safely using the
utmost diligence of very cautious persons with due regard for all
circumstances. Such duty of a common carrier to provide safety to its
passengers obligates it not only during the course of the trip but for so long
as the passengers are within its premises and where they ought to be in
pursuance to the contract of carriage. Also, in the discharge of its commitment
to ensure the safety of passengers, a carrier may choose to hire its own
employees or avail itself of the services of an outsider or an independent firm
to undertake the task. In either case, the common carrier is not relieved of
its responsibilities.
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