Jose Pilapil v. Hon. Court of Appeals

Summary

Jose Pilapil, a bus passenger, was injured when an unidentified stranger threw a stone at the bus window, hitting him above the left eye and causing permanent vision impairment and scarring. He sued Alatco Transportation Company for damages. The trial court awarded P16,300.00 in total damages, but the Court of Appeals reversed, and the Supreme Court affirmed the reversal. The Supreme Court held that common carriers are not absolute insurers of passenger safety and are only liable under Article 1763 of the Civil Code for injuries caused by strangers' acts if the carrier's employees could have prevented such acts through the diligence of a good father of a family. Since the stone-throwing was unforeseeable and unpreventable, the carrier was not liable. The case establishes the limits of common carrier liability for third-party criminal acts.