Baliwag
Transit vs. Court of Appeals, 256 SCRA 746
Subject: Transportation Law
FACTS
On July 31, 1980, Leticia Garcia and her five-year-old son,
Allan Garcia, boarded Baliwag Transit Bus No. 2036 bound for Cabanatuan City.
They took the seat behind the driver, Jaime Santiago. At around 7:30 in the
evening, the bus passengers saw a cargo truck parked at the shoulder of the
national highway. The truck driver, Julio Recontique, and his helper, Arturo
Escala, were replacing a flat tire when Santiago was driving at an inordinately
fast speed. Santiago failed to notice the truck and the kerosene lamp at the
edge of the road, and the danger of collision became imminent.
Santiago and Escala died, and several others were injured.
Leticia suffered a fracture in her pelvis and right leg, while Allan broke a
leg and received emergency treatment. Spouses Antonio and Leticia Garcia sued
Baliwag Transit, Inc., A & J Trading, and Julio Recontique for damages in
the Regional Trial Court of Bulacan. Baliwag, A & J Trading, and Recontique
disclaimed responsibility for the mishap, claiming that the accident was caused
solely by the fault and negligence of A & J Trading and its driver,
Recontique.
ISSUE
Whether or not Baliwag Transit Bus is liable.
RULING
Yes, Baliwag is liable.
Under the law, a common carrier is bound to carry its
passengers safely as far as human care and foresight can provide, using the utmost
diligence of a very cautious person, with due regard for all the circumstances.
In a contract of carriage, it is presumed that the common carrier was at fault
or was negligent when a passenger dies or is injured.
In this case, Baliwag, a common carrier, is liable for
damages due to its driver's recklessness in a bus accident. The evidence shows
the driver's disregard for passengers' safety, leading to physical suffering
and mental anguish. The accident resulted in Leticia Garcia's hip replacement and
Allan's foot injury.
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