Scribd Logo
Upload

Welcome to Scribd!

  • Digest Tamayo v. Pascua

    Uploaded by

    Deborah Stewart
    330 views1 page
    The Supreme Court ruled that there was a contract of carriage between Tamayo and the Royal Bus company. When the bus slowed down to a very slow pace as it approached where Tamayo was waiting, this showed Tamayo's offer to board the bus as a passenger, which the bus accepted by slowing down to allow passengers to safely board. As a public carrier, it was the driver's duty to ensure all passengers were safely on board before accelerating again. By accelerating suddenly without confirming Tamayo was secure inside, the driver acted negligently and the bus company was liable for damages as a common carrier.

    Original Description:

    Digest on the CA case of Tamayo v. Pascua for Transportation Law class

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    The Supreme Court ruled that there was a contract of carriage between Tamayo and the Royal Bus company. When the bus slowed down to a very slow pace as it approached where Tamayo was waiting, this showed Tamayo's offer to board the bus as a passenger, which the bus accepted by slowing down to allow passengers to safely board. As a public carrier, it was the driver's duty to ensure all passengers were safely on board before accelerating again. By accelerating suddenly without confirming Tamayo was secure inside, the driver acted negligently and the bus company was liable for damages as a common carrier.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    330 views1 page

    Digest Tamayo v. Pascua

    Uploaded by

    Deborah Stewart
    The Supreme Court ruled that there was a contract of carriage between Tamayo and the Royal Bus company. When the bus slowed down to a very slow pace as it approached where Tamayo was waiting, this showed Tamayo's offer to board the bus as a passenger, which the bus accepted by slowing down to allow passengers to safely board. As a public carrier, it was the driver's duty to ensure all passengers were safely on board before accelerating again. By accelerating suddenly without confirming Tamayo was secure inside, the driver acted negligently and the bus company was liable for damages as a common carrier.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    of 1

    TAMAYO v.

    PASCUA (1965)
    Petitioner: Benito Tamayo
    Respondent: Juan Pascua and Royal Bus Co., Inc.
    Ponente: Esguerra, J.

    HELD: YES, there was a contract of carriage.

    DOCTRINE: see ratio


    FACTS:
    1. This is an action for damages filed by Tamayo against Royal Bus,
    Inc., and Pascua, the driver of the bus.
    2. A Royal bus was moving slowly as it approached an island where
    several persons are waiting for transportation, one of whom was
    Tamayo.
    3. In view of the slow pace of the bus, which was a sign that it will pick
    up passengers from the island, Tamayo, with a jacket on his left arm,
    boarded the bus. According to the patrolmans testimony, he held the
    handle at the entrance, placed his two feet on the first step of the
    running board, and then suddenly the bus increased speed and
    caused Tamayo to lose his balance and to fall on the ground.
    4. The trial court dismissed the complaint on the ground that there was
    no contract of carriage between Tamayo and Royal Bus.
    a. There was no offer and acceptance. Since plaintiff boarded
    the bus without signalling to the driver, the lower court held
    that there was no failure on the part of the driver to exercise
    diligence to insure the safety of Tamayo.
    ISSUE: WON there was a contract of carriage between Royal Bus and
    Tamayo

    The patrolmans testimony shows that there was a contract of


    carriage because of the concurrence of offer on the part of Tamayo
    and acceptance on the part of Royal Bus to take him as a passenger
    when the bus slowed down, apparently in the act of allowing and
    enabling Tamayo to board it.
    Although the bus did not make a complete stop, the fact that it
    slowed down to a turtle pace was an indication that people on
    the island could board it as a public carrier. It is enough that it
    slows to a negligible speed, allowing people to board it without
    danger to their lives and limbs.
    Under such circumstances, it is the drivers duty to see to it that
    every person who wants to board the bus is safe inside before
    picking up speed and moving forward.
    If the accident was caused by the carelessness of the driver by
    accelerating his speed without making sure that he was safely inside
    the bus, the driver was negligent and the defendant company is
    liable as a common carrier under Art.1759 of the Civil Code.
    This liability does not cease upon proof that Royal Bus, as employer,
    exercised all the diligence of a good father of a family in the selection
    and supervision of its employees. This defense is available only in
    quasi-delict.

    You might also like