Herminio Mariano, Jr. v. Ildefonso C. Callejas

Summary

This Supreme Court case involved the death of Dr. Frelinda Mariano, a passenger of Celyrosa Express bus, in a vehicular accident caused by a trailer truck with failed brakes that swerved into the bus's lane. The surviving spouse sued the bus owner and driver for breach of contract of carriage. While the trial court held the bus company liable under the presumption of negligence for common carriers, the Court of Appeals and Supreme Court reversed, finding that the carrier successfully rebutted the presumption by proving the accident was solely caused by the truck driver's recklessness beyond the carrier's control. The case clarifies that common carriers are not absolute insurers of passenger safety and can overcome the presumption of negligence by proving extraordinary diligence or that injury was due to fortuitous events caused by third parties.