Case Summary (G.R. No. L-20761)
Key Dates
Accident: December 20, 1953
Supreme Court Decision: July 27, 1966
Applicable Law
• 1935 Philippine Constitution (in force at decision date)
• Civil Code of the Philippines
– Article 1755 (common carriers’ obligation to exercise “utmost diligence”)
– Article 2180 (employer’s liability for quasi-delict)
• New Rules of Court
– Rule 8 § 2 (alternative and inconsistent pleading)
– Rule 51 § 7 (limits on appellate review of unappealed issues)
Factual Background
On December 20, 1953, the Beltran family boarded Bus No. 352 in San Fernando bound for Anao. Tickets covered the parents and eldest child; Raquel and Fe rode free under company rules. Upon arrival at Anao, the family alighted at a designated stop. Mariano led his family to a shaded spot some four to five meters from the bus, then returned to the vehicle to retrieve a bayong left under a seat. Raquel followed him unnoticed. While Mariano stood on the running board awaiting his bayong, the driver—engine still running and without the conductor’s signal—moved the bus. Mariano jumped off; turning, he found Raquel’s body under the wheels, her skull crushed.
Proceedings Below
Trial Court
– Held La Mallorca liable for breach of contract of carriage.
– Awarded ₱3,000 for the child’s death and ₱400 actual damages (burial expenses and costs).
Court of Appeals
– Concluded the carriage contract had terminated when passengers alighted.
– Found La Mallorca liable in quasi-delict for driver’s negligence under Art. 2180.
– Increased death award to ₱6,000; affirmed ₱400 actual damages.
Issues Presented
- Did the contract of carriage remain in force as to Raquel at the time of the accident?
- Was the alternative plea for quasi-delict properly alleged and proven?
- Did the Court of Appeals exceed its authority in raising the damages award absent any appeal or objection by respondents?
Contract of Carriage Analysis
Under Article 1755, a common carrier must exercise utmost diligence for passenger safety until the passenger has a reasonable opportunity to leave the carrier’s premises. Jurisprudence holds that passenger status continues beyond alighting until departure is reasonably possible. Because Mariano returned to the bus to retrieve baggage and Raquel accompanied him, both remained passengers. The driver’s failure to shut off the engine and to await the conductor’s signal breached the carrier’s contractual duty.
Quasi-Delict Analysis
Respondents properly pleaded negligence in the alternative under Article 2180, alleging that Raquel’s death resulted from the defendants’ “want of exercise of the utmost diligence.” Evidence demonstrated that the driver moved the bus prematurely while persons were on or near the running board. This proof invoked the presumption t
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Facts of the Case
- Date and parties: On December 20, 1953, Mariano Beltran and his wife, accompanied by their minor daughters Milagros (13 years old), Raquel (about 4½ years old), and Fe (over 2 years old), boarded Pambusco Bus No. 352 (plate TPU No. 757, 1953 Pampanga) operated by La Mallorca at San Fernando, Pampanga, bound for Anao, Mexico, Pampanga.
- Tickets and free carriage: The conductor issued three fare tickets covering Mariano Beltran, his wife, and eldest daughter Milagros; Raquel and Fe rode free under the carrier’s height‐based fare regulations.
- Disembarkation: After about one hour the bus stopped at Anao. Mariano Beltran, carrying some luggage, led his family to a shaded spot about four to five meters from the vehicle.
- Re‐boarding and accident: Mariano returned to the still‐running bus to retrieve a bayong left under a seat. His youngest daughter Raquel followed him unnoticed. While the conductor was unloading baggage, the driver—without engine shut‐off or signal—moved the bus forward approximately ten meters. Mariano jumped off; at that instant Raquel, still near the running board, was run over and killed.
- Relief sought: Plaintiffs filed suit against La Mallorca seeking P6,000 for moral and actual damages and attorney’s fees.
Procedural History
- Trial Court: Found La Mallorca liable for breach of contract of carriage. Awarded P3,000 for the child’s death and P400 for burial expenses and costs.
- Court of Appeals: Held that contract of carriage had terminated upon disembarkation but nonetheless found