Scribd
Upload
119 views2 pages

63 La Mallorca v. CA

The Supreme Court held the bus company liable for the death of a child passenger even after she had alighted from the bus. While the father was retrieving their baggage from the bus, his youngest daughter followed him without his knowledge. When the bus suddenly accelerated as the father was boarding it again, the daughter was run over and killed. The Court found that the carrier-passenger relationship continues until passengers have a reasonable opportunity to leave the carrier's premises safely. In this case, it was not unreasonable for the passengers to remain near the bus to collect their baggage, so the bus company breached its duty of safe carriage and was liable for damages.

Uploaded by

Arnel Manalastas
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
119 views2 pages

63 La Mallorca v. CA

The Supreme Court held the bus company liable for the death of a child passenger even after she had alighted from the bus. While the father was retrieving their baggage from the bus, his youngest daughter followed him without his knowledge. When the bus suddenly accelerated as the father was boarding it again, the daughter was run over and killed. The Court found that the carrier-passenger relationship continues until passengers have a reasonable opportunity to leave the carrier's premises safely. In this case, it was not unreasonable for the passengers to remain near the bus to collect their baggage, so the bus company breached its duty of safe carriage and was liable for damages.

Uploaded by

Arnel Manalastas
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 2

LA MALLORCA v.

CA
Barrera, J. | G.R. No. L-20761. July 27, 1966.
Topic 1: Transportation Law > Common Carriers > Common Carriage of Passengers> Duration of Responsibility
Nature: Review of a CA Decision1
Memory Aid: “Naurungan ng Bus”

PARTIES:
 Petitioner - LA MALLORCA
 Respondent – HONORABLE COURT OF APPEALS, MARIANO BELTRAN, ET AL.

DISPUTED MATTER: Liability of common carrier even after the passengers alighted from the vehicle

SYNOPSIS:
Mariano Beltran and his family rode a bus owned by petitioner. Upon reaching their desired destination, they
alighted from the bus. But Mariano returned to get their baggage. His youngest daughter followed him without his
knowledge. When he stepped into the bus again, it suddenly accelerated. Mariano’s daughter was found dead. The
bus ran over her. The SC held the petitioner liable because the relation of carrier and passenger does not cease at
the moment the passenger alights from the carrier’s vehicle at a place selected by the carrier at the point of
destination, but continues until the passenger has had a reasonable time or reasonable opportunity to leave the
current premises.

DOCTRINE:
1. It has been recognized as a rule that the relation of carrier and passenger does not cease at the moment
the passenger alights from the carrier's vehicle at a place selected by the carrier at the point of
destination, but continues until the passenger has had a reasonable time or a reasonable opportunity to
leave the carrier's premises. And, what is a reasonable time or a reasonable delay within this rule is to be
determined from all the circumstances.

FACTS:
1. Plaintiffs, husband and wife, together with their minor daughters, namely Milagros, Raquel, and Fe, over
boarded the Pambusco Bus owned and operated by the defendant, at San Fernando, Pampanga, bound
for Anao, Mexico, Pampanga.
2. Upon reaching their desired destination, they alighted from the bus. But Mariano returned to get their
baggage. His youngest daughter followed him without his knowledge. When he stepped into the bus
again, it suddenly accelerated. Mariano’s daughter was found dead. The bus ran over her.
3. RTC Decision - the trial court found defendant liable for breach of contract of carriage.
4. CA Decision – found the defendant-appellant guilty of quasi- delict and held the latter liable for
damages, for the negligence of its driver, in accordance with Article 2180 of the Civil Code.
a. La Mallorca claimed that there could not be a breach of contract in the case, for the reason
that when the child met her death, she was no longer a passenger of the bus involved in the
incident and, therefore, the contract of carriage had already terminated.
ISSUES/HELD/RATIO:
1. Whether or not the petitioner was liable for the death of the child, Raquel Beltran.

YES. Petitioner is liable.


a. It has been recognized as a rule that the relation of carrier and passenger does not cease at
the moment the passenger alights from the carrier's vehicle at a place selected by the carrier
at the point of destination, but continues until the passenger has had a reasonable time or a
reasonable opportunity to leave the carrier's premises. And, what is a reasonable time or a
reasonable delay within this rule is to be determined from all the circumstances.
i. Thus, a person who, after alighting from a train, walks along the station platform is
considered still a passenger. So also, where a passenger has alighted at his
destination and is proceeding by the usual way to leave the company's premises, but
before actually doing so is halted by the report that his brother, a fellow passenger,
has been shot, and he in good faith and without intent of engaging in the difficulty,
returns to relieve his brother, he is deemed reasonably and necessarily delayed and
thus continues to be a passenger entitled as such to the protection of the railroad and
company and its agents.

1
La Mallorca seeks the review of the decision of the Court of Appeals in CA- G. R. No. 23267-R, holding it liable for quasi-delict
and ordering it to pay to respondents Mariano Beltran, et al. P6,000.00 for the death of his minor daughter Raquel Beltran, plus
P400.00 as actual damages.
b. Article 1732 of the Civil Code defines common carriers as persons, corporations, firms or
associations engaged in the business of carrying or transporting passengers or goods or both,
by land, water, or air, for compensation, offering their services to the public.
c. APPLICATION:
i. In the present case, the father returned to the bus to get one of his baggage which
was not unloaded when they alighted from the bus. Raquel, the child that she was,
must have followed the father. However, although the father was still on the running
board of the bus awaiting for the conductor to hand him the bag or bayong, the bus
started to run, so that even he (the father) had to jump down from the moving
vehicle. It was at this instance that the child, who must be near the bus, was run over
and killed. In the circumstances, it cannot be claimed that the carrier's agent had
exercised the "utmost diligence" of a "very cautious person" required by Article 1755
of the Civil Code to be observed by a common carrier in the discharge of its obligation
to transport safely its passengers. In the first place, the driver, although stopping the
bus, nevertheless did not put off the engine. Secondly, he started to run the bus even
before the bus conductor gave him the signal to go and while the latter was still
unloading part of the baggage of the passengers Mariano Beltran and family. The
presence of said passengers near the bus was not unreasonable and they are,
therefore, to be considered still as passengers of the carrier, entitled to the protection
under their contract of carriage.
ii. But even assuming arguendo that the contract of carriage has already terminated,
herein petitioner can be held liable for the negligence of its driver, as ruled by the
Court of Appeals, pursuant to Article 2180 of the Civil Code.

DISPOSITIVE:
WHEREFORE, the decision of the Court of Appeals is hereby modified by sentencing the petitioner to pay to the
respondents Mariano Beltran, et al., the sum of P3,000.00 for the death of the child, Raquel Beltran, and the
amount of P400.00 as actual damages. No costs in this instance. So ordered.

You might also like