Perenas were engaged in the business of transporting students to Don Bosco. The Zarates engaged Perenas services to transport their son, Aaron, to school.
The driver took a detour because they were running late due to the traffic in SLEX. The detour was through a narrow path underneath the Magallanes Interchange used as short cut into Makati. The train hit the van at the single passenger edsa suspended 2019 end and the impact threw 9 students including Aaron out of the van.
Aaron landed in the path of the train which dragged his body and severed his head, instantaneously killing him. The cause of action against Perena was for contract of carriage while for PNR, quasi delict.
Commrev- Revalida Cases | Damages | Negligence
Is the petitioner a common carrier? A school bus operator is a common carrier. Perenas operated as a common carrier; and their standard of care was extraordinary diligence, not only diligence of a good father.
A carrier is a person or corporation who undertakes to transport or convey goods from one place to another, gratuitously or for hire. They may be private or common Private carrier is one who, without holding himself or itself out to the public as ready to act for all who may desire his or its services, undertakes, by special agreement in a particular instance only, to transport goods or persons from one place to another either gratutitously or for hire.
The diligence required of a private carrier is only ordinary Common Carrier is a person, corporation, firm or association engaged in the business of carrying or transporting passengers or goods or both, by land, water, or air, for compensation, offering such services to the public.
Diligence required is to observe extraordinary diligence, and is presumed single passenger edsa suspended 2019 be at fault or to have acted negligently in case of the loss of effects of passengers, or death or injuries to passengers The true test for a common carrier is not the quantity or extent of business actually transacted, or the number of conveyances, BUT WHETHER the undertaking is a part of the activity that he has held out to the general public as his business or occupation.
The Perenas held themselves out as a ready transportation indiscriminately to the students of a particular school living within or near where they operated the service and for a fee. Perena, being a common carrier, was already presumed to be negligent at the time of the accident because death occurred to their passenger.
Commrev- Revalida Cases
The omissions of care on the part of the driver constituted negligence. At about am of August 22,the driver of the said private van, Clemente Alfaro, while the children were on board including Aaron, decided to take a short cut in order to avoid traffic.
Nakpil and Sons v.
Alfaro saw that the barandilla the pole used to block vehicles crossing the railway was up which means it was okay to cross. He then tried to overtake a bus. However, there was in fact an oncoming train but Alfaro no longer saw the train as his view was already blocked by the bus he was trying to overtake.
During the collision, Aaron, was thrown off the van. His body hit the railroad tracks and his head was severed.
Бустерная насосная станция на базе двух насосов Calpeda MXН
He was only 15 years old. Their cause of action against PNR was based on quasi-delict. In short, they observed the diligence of a good father in selecting their employee.
The RTC ruled in favor single passenger edsa suspended 2019 the Zarates.
In the decision of the RTC and the CA, they awarded damages in favor of the Zarates for the loss of singles aus radeberg capacity of their dead son. They argued that the award was improper as Aaron was merely a high school student, hence, the award of such damages was merely speculative.
They cited the case of People vs Teehankee where the Supreme Court did not award damages for the loss of earning capacity despite the fact that the victim there was enrolled in a pilot school. Whether or not the award of damages for loss of income is proper. They are not merely private carriers. Prior to this case, the status of private transport for school services or school buses is not well settled as to whether or not they are private or common carriers — but they were generally regarded as private carriers.
photos on Flickr | Flickr
Private transport for schools are common carriers. What is specifically required from them by law is extraordinary diligence — a fact which they failed to prove in court. Verily, their obligation as common carriers did not cease upon their exercise of diligently choosing Alfaro as their employee.
It is recommended that you read the full text, the Supreme Court made an elaborate and extensive definition of common and private carriers as well as their distinctions. Aaron was enrolled in a reputable single passenger edsa suspended 2019 Don Bosco. He was of normal health and was an able-bodied person.