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Standar Vacuum Oil Company v. Luzon Stevedoring
Standar Vacuum Oil Company v. Luzon Stevedoring
Facts:
The
surviving
heris
of
the
deceased
filed
a
complaint
against
both
bus
companies
together
with
their
respective
drivers,
praying
for
damages,
attorney’s
fees
and
litigation
expense
plus
costs.
The
defendant
bus
companies
denied
liability
by
trying
to
shift
the
fault
against
each
other.
Deciding
on
the
merits
of
the
case,
the
lower
court
exonerated
Superlines
and
its
drive
from
liability,
and
attributed
sole
responsibility
to
BLTB
and
its
driver
Pon.
The
court
ordered
BLTB
and
its
driver
to
pay
jointly
and
severally
the
damages
to
the
plaintiff.
The
CA
affirmed
the
decision
of
the
trial
court
hence
plaintiff
BLTB
filed
a
petition
of
review
by
certiorari
to
the
Supreme
Court.
Issue:
1. Whether
or
not
the
respondent
court
erred
in
adjudging
that
the
actions
of
private
respondents
are
based
on
culpa
contractual.
2. What
is
the
extent
of
plaintiff’s
liability,
if
there
is
any.
Held:
The
main
argument
of
petitioners
is
that
if
the
intention
of
private
respondent
were
to
file
an
action
based
on
culpa
contractual
it
should
have
impleaded
BLTB
and
its
driver
alone.
However,
private
respondent
filed
an
action
against
all
defendant,
basing
its
claim
on
culpa
aquilina.
The
court
did
not
give
merit
to
the
argument
of
petitioner,
stating
that
the
plaintiffs
anchored
its
liability
both
on
culpa
contractual
and
aquiline.
The
court
pointed
out
in
this
case
that
there
is
liability
on
the
part
of
BLTB
as
carrier
to
observe
the
extraordinary
diligence
required
of
it
by
the
law
in
transporting
its
passengers,
as
it
is
clear
from
the
facts
of
the
case
that
the
BLTB
bus
attempted
to
overtake
the
vehicle
in
front
of
it
even
though
there
is
a
continuous
yellow
line,
which
is
a
signal
of
no
overtaking.
Failing
to
observe
these
precautions,
BLTB
failed
to
act
with
diligence.
As
regard
to
the
liability,
the
Court
stated
that
Pon
is
primarily
liable
for
driving
the
bus
of
his
employer
negligently.
On
the
other
hand
,the
Court
also
ruled
that
the
liability
of
BLTB
is
also
primary,
direct
and
immediate
in
view
of
the
fact
that
the
death
or
injuries
to
passenger
was
a
result
of
the
negligence
of
its
employees.
The
court
also
stated
that
the
liability
does
not
cease
upon
proof
that
BLTB
exercise
the
diligence
of
a
good
father
of
a
family
in
the
selection
of
its
employees.
The
Court
also
noted
that
the
liability
of
BLTB
is
solidarily
with
that
of
the
bus
driver
even
though
the
basis
of
claim
against
BLTB
is
due
to
culpa
contractual,
while
culpa
aquilina
for
the
bus
driver.
The
Court
then
reiterated
that
in
transport
of
passengers,
the
court
has
no
duty
to
make
an
express
finding
regarding
the
fault
or
negligence
of
the
carrier
in
order
to
hold
it
responsible
for
payment
of
damages,
for
undergoing
a
contract
of
carriage,
the
carrier
has
the
obligation
to
transport
its
passenger
with
extraordinary
diligence.
Any
injury
or
death
that
may
be
suffered
by
the
passenger
during
the
course
of
the
voyage
is
attributable
to
the
carrier.
Hermhinio
Nocum,
who
was
a
passenger
in
appellant’s
Bus
then
making
a
trip
within
the
barrio
of
Dita,
Laguna
was
injured
as
a
consequence
of
the
explosion
of
firecrackers,
contained
in
a
box,
loaded
in
said
bus
and
declared
to
its
conductor
as
containing
clothes
and
miscellaneous
items
by
a
co-‐passenger.
ISSUE:
Should LTBC be held liable for the explosion of firecrackers contained in a package?
HELD:
NO.
It
is
undisputed
that
before
the
box
containing
the
firecrackers
were
allowed
to
be
loaded
in
the
bus
by
the
conductor,
inquiry
was
made
with
the
passenger
carrying
the
same
as
tow
aht
was
in
it,
since
its
opening
was
folded
and
tied
with
abaca.
The
law
does
not
require
proper
and
rigid
inspection.
aRticle
1733
is
not
unbending
for
it
reaonsably
qualifies
the
extraordinary
diligence
required
of
common
carriers
for
the
safety
of
the
passengers
transported
by
them
to
be
“according
to
all
the
circumstances
of
each
case.”
In
fact,
Article
1755
repeats
this
same
qualifiaciton:
“A
common
carrier
is
bound
to
carry
the
passengers
safely
as
far
as
human
care
and
foresigtht
can
provide,
using
the
utmost
diligence
of
a
very
cautious
persons,
with
due
regard
for
all
the
circumstances.”
While
it
is
true
the
passengers
of
appellant’s
bus
should
not
be
made
to
suffer
for
something
over
which
they
had
no
control,
fairness
demands
that
in
measureing
a
common
carrier’s
duty
towards
its
passengers,
allowance
must
be
given
to
the
reliance
that
should
be
reposed
on
the
sense
of
responsibility
of
all
the
psasengers
in
regard
to
their
common
safety.
It
is
to
be
presumed
that
a
passenger
will
not
take
with
him
anything
dangerous
to
the
lives
and
limbs
of
his
co-‐passengers,
not
to
speak
of
his
own.
Not
to
be
lightly
considered
must
be
the
right
to
privacy
to
which
each
passenger
is
entitled.
He
cannot
be
subjected
to
unusual
search,
when
he
protests
the
innocuousness
of
his
baggage
and
nothing
appears
to
indicate
the
contrary,
as
in
the
case
at
bar.
In
other
words,
inquiry
may
be
made
verbally
as
to
the
nature
of
a
passenger’s
baggage
when
such
is
not
outwardly
perceptipble
but
beyond
this,
constitutional
boundaries
are
already
in
danger
of
being
transgressed.
Facts:
Plaintiff
in
this
case
are
the
heirs
of
Judge
Quirico
Abeto.
Judge
Abeto
boarded
a
PAL
plane
at
Mandurriao
Airport,
Iloilo
City
for
Manila.
Unfortunately,
the
plane
did
not
reacht
its
destination.
All
the
passengers
were
killed
instantly
and
the
remains
were
scattered
around
the
area
of
Mt.
Baco
province
of
Mindoro,
where
the
plane
crashed.
As
such,
plaintiff
filed
a
complaint
for
damages
against
PAL,
alleging
that
the
latter
failed
to
exercise
extraordinary
diligence
in
the
carriage
of
its
passengers.
Appellant
on
the
other
hand
tried
to
prove
that
the
plane
crash
was
beyond
the
control
of
the
pilot.
It
presented
as
evidence
a
certification
of
airworthiness
issued
by
Civil
Aeronautics
Administration
(CAA).
There
was
a
navigational
error
but
no
negligence
on
the
part
of
the
pilot.
Furthermore,
appellant
contended
that
the
plane
went
its
regular
pre-‐flight
checkups.
It
also
explained
that
the
deviation
of
the
route
was
due
to
the
bad
weather
condition
back
then.
The
trial
court,
weighing
the
arguments
of
both
parties
found
for
plaintiff.
The
RTC
pointed
out
that
the
pilot
of
the
plane
disobeyed
the
instruction
given
regarding
its
route.
Furthermore,
it
was
also
found
out
that
defendant
failed
to
perform
pre-‐flight
test
to
detect
possible
defect
of
plane.
Also,
it
allowed
a
student
pilot
to
sit
on
the
plane’s
cockpit.
Lastly,
the
pilot
also
failed
to
report
its
position
over
Romblon,
which
is
a
compulsory
reporting
point.
These
facts
demonstrate
that
defendant
failed
to
exercise
the
extraordinary
diligence
required
of
it.
The
case
is
appealed
to
the
Supreme
Court.
Issue:
Whether or not defendant was liable for violation of its contract of carriage.
Held:
The
court
stated
that
with
respect
to
carriage
of
passengers,
the
Court
has
no
duty
to
make
an
express
finding
concerning
the
negligence
on
the
part
of
the
carrier.
By
the
contract
of
carriage,
the
carrier
assumes
the
express
obligation
to
transport
the
passenger
to
his
destination
safely
and
to
observe
extraordinary
diligence
in
doing
so.
Any
injury
that
might
be
suffered
by
the
passenger
is
directly
attributable
to
the
fault
or
negligence
of
the
carrier.
In
the
case
at
bar,
the
court
pointed
out
that
beside
from
the
fact
that
the
pilot
deviated
from
its
assigned
route,
there
is
no
satisfactory
explanation
offered
by
defendant
appellant
on
how
the
accident
occurred,
therefore
the
presumption
that
the
carrier
is
at
fault
remains.