Fortune Express v. Court of Appeals

Summary

Fortune Express, a bus company, was held liable for the death of passenger Atty. Talib Caorong during an armed attack on its bus. The Supreme Court found that despite receiving advance warning from Philippine Constabulary about planned revenge attacks by Maranaos, the company failed to take any precautionary measures to protect passenger safety. The Court applied Article 1763 of the Civil Code, ruling that common carriers are responsible for passenger injuries from willful acts of others if employees could have prevented the act through proper diligence. The Court rejected the company's force majeure defense, finding the attack was foreseeable given the advance warning. The decision establishes that simple security measures like passenger frisking could have been implemented without violating constitutional rights. The Court awarded comprehensive damages totaling over P2.4 million, emphasizing that common carriers have heightened duty of care and cannot ignore specific threats to passenger safety.