"Where does liability lie in the event of a mishap?"
"Where does liability lie in the event of a mishap?"
In a country where millions commute to their offices, schools and malls, and move from province to province and island to island, an efficient and safe transport system is necessary. To serve the riding public, there are jeepneys, buses, taxis, tricycles, the Light Rail Transit (LRT), the Mass Rail Transit (MRT), the Philippine National Railroad (PNR), maritime vessels and airplanes.
Commuting by land is the most common means of transportation. However, accidents occur because of a lack of skill and a failure to exercise care by the common carrier or private motorist. According to the road traffic accident data of the World Health Organization (WHO) in 2018, road related deaths have reached 10,624 in the Philippines (https://www.worldlifeexpectancy.com/philippines-road-traffic accidents).
Also classified under land transport are trains and mass transit railways. While there are recorded accidents, these occur as the light trains overshoot the station, when doors are open while in motion, when trains stop before reaching the station, or when some of its coaches are left behind. The regular trains have more serious accidents such as collisions with other motor vehicles, and derailment. The danger of trains was revisited when recently, an electric post was dragged by a train.
Water transport is one of the oldest means of transportation. Based on the figures released by the Philippine Statistics Office (PSO) in 2018, there have been 1,739 maritime accidents in total, occurring from 2012-2014, with 350 mortalities (https://psa.gov.ph/sites/default/files/PIF%202018.pdf).
On the other hand, air transport had 36 accidents in the same period but with no recorded mortalities. Transportation by air is still regarded as the safest way to travel because of the high standards of construction and maintenance required for the planes to operate.
A common carrier is one who is in the business of transporting goods or persons for hire as a public utility (Barron’s Law Dictionary). Under the Philippine Civil Code, common carriers are bound to observe extraordinary diligence. This is the diligence required in vigilance over the goods and for the safety of the passengers transported according to all the circumstances of each case (Article 1733, Civil Code of the Philippines).
With this duty, the common carrier is bound to carry the passengers safely as far as human care and foresight can provide (Article 1755, Civil Code of the Philippines). Hence, the moment the passenger is carried by a common carrier, the latter has to observe extraordinary diligence from the point of departure to the point of destination to see to it that the passenger suffers no harm while in transit.
In case of death or if injuries to passengers occur, common carriers are presumed to have been at fault or have acted negligently. To free itself from liability, the common carrier must prove that they observed extraordinary diligence (Article 1756, Civil Code of the Philippines).
In simple words, the common carrier is presumed negligent if the passenger dies or is injured in the course of the transportation and may thus be exposed to claims for damages. This obligation to transport the passengers safely cannot be dispensed with or lessened by the carrier by the posting of notice, or statements on tickets. (Article 1757, Civil Code of the Philippines).
There are times when a passenger is transported for free or is on gratis arrangements. Here, a stipulation on the limitation of liability of the common carrier to less than extraordinary diligence is valid but not for the willful acts or gross negligence (Article 1758, Civil Code of the Philippines). However, if the fare is merely reduced, there is no justification to limit the duty of care or diligence of the common carrier to less than an extraordinary level.
The liability of the common carrier for the death or injuries to passengers extends to the negligence or willful acts of its employees, they being agents of the common carrier. This liability will apply even if the employees may have acted beyond their authority or in violation of the orders of their employers (Article 1759, Civil Code of the Philippines).
The common carrier’s liability does not cease upon proof of diligence in the selection or supervision of its employees (Article 1759, Civil Code of the Philippines). Hence, the common carrier cannot raise the defense that it was diligent in the selection of the employees to free itself from the willful or negligent acts of its employees.
While the law requires the common carrier to observe extraordinary diligence, the passenger must do his part in observing diligence to avoid injury to himself (Article 1761, Civil Code of the Philippines). For example: the passenger should not intentionally extend his arm outside of a jeepney, stand on the door of a bus, hang outside a jeepney otherwise known as “sabit”, or ride on the roof of a public utility vehicle.
The common carrier is also liable for the injuries suffered by a passenger for the wilful acts of another passenger or stranger, if the common carrier’s employees through the exercise of diligence could have prevented or stopped the act or omission (Article 1763, Civil Code of the Philippines). Being agents of the common carrier, its employees should prevent or avoid injuries to the passengers caused by another passenger or stranger by exercising diligence.
An important question is this: What action can the heirs of the deceased or the injured passenger take against the common carrier? They can institute a civil action for damages against the passenger for breach of contract of carriage; since the very moment the passenger boards the common carrier there is a contract to transport the passenger safely from the point of departure to the point of destination.
It may happen that the driver of a bus or jeepney loses control or collides with another motor vehicle, a maritime vessel will capsize or an aircraft will crash. In these instances, the aggrieved parties or their heirs may claim damages, compensation for the fact of death, lost of earning capacity and income, medical expenses, and litigation expenses plus cost of suit.
If the death or injury to the passenger is caused by third parties other than the common carrier or his employees, such as another common carrier or the motor vehicle colliding with it, the suit will be a civil action for damages against the other common carrier and/or the driver but is rooted on negligence (quasi-delict). The reason for this is that the relationship between the parties would not have been necessary if not for the negligent act of another.
Another option is to file a criminal action against the driver for criminal negligence under the Revised Penal Code (Article 365). The only disadvantage of this action is that it is prosecuted against the driver and not the common carrier or operator. For this reason, we frequently see the driver disappearing whether intentionally or in cahoots with the common carrier because its liability is only subsidiary to the driver’s.
The duty of care of the common carrier must be coupled with the diligence of the passenger to avoid injury to himself. As my father told me when I started driving, always anticipate the negligence of the other driver or the pedestrian. While accidents cannot be foreseen, they may be avoided with perceptiveness and precaution.