Theory of the Case Legal Techniques and Logic Facts of the Case A passenger in a public utility vehicle owned

d by ABC Transportation Co. Inc. was injured when the vehicle met an accident caused by the negligence of the driver. You were hired as counsel for the injured passenger, what possible grounds (theories) will you sue the company, owner of the vehicle. State them clearly. Common Carriers and Contract of Carriage According to Article 1732 of the Civil Code of the Philippines, Common carriers are 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. Examples of these common carriers are the jeepneys and buses that are engaged in transporting passengers to their desired destinations. Whenever a person rides a bus or jeepney or any public utility vehicle, he expects that he will be able to reach his desired destination safely. It is clearly stated in Article 1733 of the Civil Code of the Philippines that common carriers, from the nature of their business and for reasons of public policy, are bound to observe extraordinary diligence in the vigilance over the goods and for the safety of the passengers transported by them, according to all the circumstances of each case. It would seem that the prime duty of the common carrier, such as a bus, is to make sure that the passengers it transports are away from danger with a diligence not limited to that of a good father to a family but by using the utmost

diligence of very cautious persons, with a due regard for all the circumstances .1 This is known to be as the contract of carriage. As stated in the facts above, the driver was negligent which led to the accident and injury of this passenger. It would seem that the driver committed reckless imprudence leading to injuries and the victim is his passenger. This act on the part of the driver constitutes a breach of the contract of carriage. There is no question as to the liability of the driver because of his negligence in driving; the question now is the liability of the ABC Transportation Co. in the said accident. The Liability of ABC Transportation Co. ABC Transportation Co. Inc. is civilly liable for damages to the injured passenger who has ridden their bus. As stated above, the liability is not limited to the driver but also the corporation or the common carrier itself. It is stated in Article 1759 of the Civil Code that common carriers are liable for the death of or injuries to passengers through the negligence or willful acts of the formers employees, although such employees may have acted beyond the scope of their authority or in violation of the orders of the common carriers. However, ABC will defend themselves in saying that they practiced diligence of a good father to a family in picking their employees. However, it would seem that diligence is not a defense in the case of common carriers. This is clearly stated in the second paragraph of article 1759 and in the case of Heirs of Ochoa VS. G&S Transport where it was held that G&S Transport was liable for the death of

Art. 1755, Civil Code of the Philippines

Ochoa even though it practiced diligence of a good father in looking for an employee or driver.2 Thus, ABC Transportation Co. can be held liable for the injury of the passenger of their bus. Except for the provision on common carriers, there are also other provisions of the law that can show that ABC Transportation Co., is indeed liable for the accident committed by its employee, the driver. As seen above, the employee of ABC Transportation Co. Inc., committed reckless imprudence resulting to injuries. This is a felony defined under the Revised Penal Code of the Philippines. It is stated in the Revised Penal Code that subsidiary liability will be charged to employers, teachers, persons, and corporations engaged in any kind of industry for felonies committed by their servants, pupils, workmen, apprentices, or employees in the discharge of their duties.3 Thus, the employer-employee relationship between the driver and ABC Transportation Co. Inc. is grounds enough to make ABC liable for damages to the injured passenger.

2 3

G.R. No. 170071 Article 103, Revised Penal Code