69 La Mallorca v.
Court of Appeals 17 SCRA 739
July 27, 1966 | Barrera, J.
Common Carriers; Common Carriage of Passengers; Duration of responsibility
Doctrine: It has been recognized as a rule that the relation of carrier and passenger does not
cease at the moment the passengers 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.
Case Summary: The Beltrans boarded a bus owned by La Mallorca. At the place of where they got
off, their daughter Raquel was run over by the bus. Hence, they filed an action for damages against
La Mallorca. SC held that the presence of said passengers near the bus, because the father is still
getting the bayong he left, are considered still as passengers of the carrier, entitled to the
protection under their contract of carriage.
FACTS: On December 20, 1953, at about noontime, plaintiffs, spouses Beltran , together with their 3
minor daughters boarded the Pambusco Bus No. 352 from San Fernando to Mexico, Pampanga.
Said bus is owned and operated by the defendant, La Mallorca.
Three ticket were issued and no fare was charged on Raquel and Fe, since both were below the
height at which fare is charged in accordance with the appellant's rules and regulations.
As the group was able to get off, Mariano returned to the bus to get the bayong he left. The bus
started moving forward without customary signal from the conductor.
Mariano immediately jumped off without getting his bayong from the conductor. At that precise time,
he saw the body of the child lying prostrate on the ground, her skull, crushed, and without life. The
child was his daughter Raquel, who was run over by the bus.
For the death Raquel, the Beltrans filed a suit against the La Mallorca seeking to recover from the
latter an aggregate amount of P6,000 to cover moral damages and actual damages.
RTC found defendant liable for breach of contract of carriage and sentenced it to pay damages.
Before the CA, 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. CA sustained this but made
La Mallorca liable of quasi- delict and held the latter liable for damages, for the negligence of its
driver.
ISSUES: Whether or not La Mallorca is liable as common carrier when Raquel was about 5 meters
from the bus.
RULING: It has been recognized as a rule that the relation of carrier and passenger does not cease
at the moment the passenger alight 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.
In this case, 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.
- the driver, although stopping the bus, nevertheless did not put off the engine.
- the driver 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.
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.
DISPOSITION: 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.
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