BACHELOR EXPRESS INC. VS CA CASE DIGEST

G.R. No. 85691 July 31, 1990
BACHELOR EXPRESS, INCORPORATED, and CRESENCIO RIVERA, petitioners,
vs.
THE HONORABLE COURT OF APPEALS (Sixth Division), RICARDO BETER, SERGIA BETER, TEOFILO RAUTRAUT and ZOETERA RAUTRAUT, respondents.

TRANSPO LAW; EXTRAORDINARY DILIGENCE

FACTS:

  • Bus No. 800 owned by Bachelor Express, Inc. and driven by Cresencio Rivera was the situs of a stampede which resulted in the death of passengers Beter and Rautraut.
  • While at Tabon-Tabon, Butuan City, the bus picked up a passenger; that about 15 minutes later, a passenger at the rear portion suddenly stabbed a PC soldier which caused commotion and panic among the passengers; that when the bus stopped, passengers Beter and Rautraut were found lying down the road, the former already dead as a result of head injuries and the latter also suffering from severe injuries which caused her death later. The passenger assailant alighted from the bus and ran toward the bushes but was killed by the police. 
  • Heirs of Beter and Rautraut, private respondents herein filed a complaint for "sum of money" against Bachelor Express, Inc. its alleged owner Yasay and the driver Rivera.
  • In their answer, the petitioners denied liability. They alleged that the driver was able to transport his passengers safely to their respective places of destination except Beter and Rautraut who jumped off the bus without the knowledge and consent, much less, the fault of the driver and conductor and the defendants in this case; the defendant corporation had exercised due diligence in the choice of its employees to avoid as much as possible accidents; It was an incident or event very much beyond the control of the defendants; defendants were not parties to the incident complained of as it was an act of a third party who is not in any way connected with the defendants and of which the latter have no control and supervision;
  • Trial court dismissed the complaint.
  • Upon appeal however, the trial court's decision was reversed and set aside. 

ISSUE:

Whether or not Bachelor Express, Inc can be held liable 

HELD:

  • YES. In order that a common carrier may be absolved from liability in case of force majeure, it is not enough that the accident was caused by force majeure. The common carrier must still prove that it was not negligent in causing the injuries resulting from such accident
  • Considering the factual findings of the Court of Appeals-the bus driver did not immediately stop the bus at the height of the commotion; the bus was speeding from a full stop; the victims fell from the bus door when it was opened or gave way while the bus was still running; the conductor panicked and blew his whistle after people had already fallen off the bus; and the bus was equipped with only a solitary door for a bus its size and loading capacity, in contravention of rules and regulations provided for under the Land Transportation and Traffic Code.
  • It is clear that the petitioners have failed to overcome the presumption of fault and negligence found in the law governing common carriers.
  • WHEREFORE, the instant petition is DISMISSED. The decision of CA affirmed.

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