Bachelor Express v. The · G.R. 85691

Petitioner: Bachelor Express
Respondent: The Honorable Court of Appeals (Sixth Division)
Citation: G.R. No. 85691
Court: Supreme Court
Division: Third Division
Ponente: Gutierrez, Jr., J.
Decided: July 31, 1990

Summary

Bachelor Express bus passengers Ornominio Beter and Narcisa Rautraut died when they fell from a bus during a panic caused by another passenger stabbing a PC soldier. The heirs sued for damages. While the trial court dismissed the case finding no negligence, the Court of Appeals reversed, holding the common carrier liable. The Supreme Court affirmed, ruling that although the stabbing constituted force majeure, Bachelor Express failed to prove the extraordinary diligence required of common carriers under Civil Code Articles 1733 and 1755. The Court found negligence in the driver's failure to stop immediately, excessive speed, improper door operation while moving, and the bus having only one door in violation of traffic regulations. The company was held solidarily liable for P120,000 in damages to the victims' heirs.

Statutes applied

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By Intellegal Editorial Board · July 31, 1990

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