- Petitioner
- G.V. Florida Transport
- Respondent
- Heirs of Romeo L. Battung, Jr.
- Citation
- G.R. No. 208802
- Court
- Supreme Court
- Division
- First Division
- Ponente
- Perlas-Bernabe, J.
- Decided
- October 14, 2015
Summary
This case involves the liability of a common carrier for passenger death caused by a co-passenger. Romeo Battung, Jr. was shot and killed by another passenger while aboard G.V. Florida Transport's bus. The RTC and CA held the carrier liable for breach of contract of carriage, finding failure to implement adequate security measures. However, the Supreme Court reversed, distinguishing between different degrees of diligence required under the Civil Code. The Court applied Article 1763 rather than Articles 1755-1756, requiring only diligence of a good father of family for acts of other passengers. Since there were no suspicious circumstances requiring heightened security measures, and the killing was a surreptitious act by a co-passenger, the carrier was not negligent and therefore not liable.
Intellegal Wiki · Key Holding
Reversed and dismissed the complaint, holding a common carrier owes only the diligence of a good father of a family under Article 1763 for a co-passenger's act and was not negligent absent suspicious circumstances.
An editorially maintained summary of the rule this Supreme Court decision is cited for — not legal advice.