Bachelor Express, Inc. owned the bus that Ornominio Beter and Narcisa Rautraut were passengers on when they died from injuries suffered during a stampede on the bus. The stampede was triggered when another passenger suddenly stabbed a soldier, causing panic among the passengers. While the assailing passenger was the proximate cause of the incident, as a common carrier Bachelor Express is presumed negligent unless it can prove it observed extraordinary diligence. However, the court found Bachelor Express failed to do so, as the driver did not immediately stop the bus during the commotion, it was speeding from a full stop, victims fell from an open door while the bus was still moving, and the bus was not
Original Description:
MERC - TRANSPO
Original Title
Bachelor Express, Incorporated vs. the Honorable Court of Appeals (1990)
Bachelor Express, Inc. owned the bus that Ornominio Beter and Narcisa Rautraut were passengers on when they died from injuries suffered during a stampede on the bus. The stampede was triggered when another passenger suddenly stabbed a soldier, causing panic among the passengers. While the assailing passenger was the proximate cause of the incident, as a common carrier Bachelor Express is presumed negligent unless it can prove it observed extraordinary diligence. However, the court found Bachelor Express failed to do so, as the driver did not immediately stop the bus during the commotion, it was speeding from a full stop, victims fell from an open door while the bus was still moving, and the bus was not
Bachelor Express, Inc. owned the bus that Ornominio Beter and Narcisa Rautraut were passengers on when they died from injuries suffered during a stampede on the bus. The stampede was triggered when another passenger suddenly stabbed a soldier, causing panic among the passengers. While the assailing passenger was the proximate cause of the incident, as a common carrier Bachelor Express is presumed negligent unless it can prove it observed extraordinary diligence. However, the court found Bachelor Express failed to do so, as the driver did not immediately stop the bus during the commotion, it was speeding from a full stop, victims fell from an open door while the bus was still moving, and the bus was not
Bachelor Express, Incorporated and Cresencio Rivera, petitioners, vs. The Honorable Court of Appeals, Ricardo Beter, Sergia Beter, Teofilo Rautraut and Zoetera Rautraut, respondents. G.R. No. 85691, July 31, 1990. J. Gutierrez, Jr.: FACTS: Bus No. 800 owned by Bachelor Express, Inc. and driven by Cresencio Rivera was the situs of a stampede which resulted in the death of passengers Ornominio Beter and Narcisa Rautraut. The evidence shows that the bus came from Davao City on its way to Cagayan de Oro City passing Butuan City; that while at Tabon-Tabon, Butuan City, the bus picked up a passenger; that about fifteen (15) minutes later, a passenger at the rear portion suddenly stabbed a PC soldier which caused commotion and panic among the passengers; that when the bus stopped, passengers Ornominio Beter and Narcisa Rautraut were found lying down the road, the former already dead as a result of head injuries and the latter also suffering from severe injuries which caused her death later. The passenger assailant alighted from the bus and ran toward the bushes but was killed by the police. Thereafter, the heirs of Ornominio Beter and Narcisa Rautraut, private respondents herein filed a complaint for "sum of money" against Bachelor Express, Inc. its alleged owner Samson Yasay and the driver Rivera. In their answer, the petitioners denied liability for the death of Ornominio Beter and Narcisa Rautraut. They alleged that, among others, the driver was able to transport his passengers safely to their respective places of destination except Ornominio Beter and Narcisa Rautraut who jumped off the bus without the knowledge and consent, much less, the fault of the driver and conductor and the defendants in this case; it was an incident or event very much beyond the control of the defendants; defendants were not parties to the incident complained of as it was an act of a third party who is not in any way connected with the defendants and of which the latter have no control and supervision. After due trial, the trial court issued an order dismissing the complaint. Upon appeal however, the trial court's decision was reversed and set aside. ISSUE: Whether or not Bachelor Express, Inc. is liable HELD: The liability, if any, of the petitioners is anchored on culpa contractual or breach of contract of carriage. There is no question that Bachelor Express, Inc. is a common carrier. Hence, from the nature of its business and for reasons of public policy Bachelor Express, Inc. is bound to carry its passengers safely as far as human care and foresight can provide using the utmost diligence of very cautious persons, with a due regard for all the circumstances. In the case at bar, Ornominio Beter and Narcisa Rautraut were passengers of a bus belonging to petitioner Bachelor Express, Inc. and, while passengers of the bus, suffered injuries which caused their death. Consequently, pursuant to Article 1756 of the Civil Code, petitioner Bachelor Express, Inc. is presumed to have acted negligently unless it can prove that it had observed extraordinary diligence in accordance with Articles 1733 and 1755 of the New Civil Code. Bachelor Express, Inc. denies liability for the death of Beter and Rautraut on its posture that the death of the said passengers was caused by a third person who was beyond its control and supervision. In effect, the petitioner, in order to overcome the presumption of fault or negligence under the law, states that the vehicular incident resulting in the death of passengers Beter and Rautraut was caused by force majeure or caso fortuito over which the common carrier did not have any control. The running amuck of the passenger was the proximate cause of the incident as it triggered off a commotion and panic among the passengers such that the passengers started running to the sole exit shoving each other resulting in the falling off the bus by passengers Beter and Rautraut causing them fatal injuries. The sudden act of the passenger who stabbed another passenger in the bus is within the context of force majeure. However, in order that a common carrier may be absolved from liability in case of force majeure, it is not enough that the accident was caused by force majeure. The common carrier must still prove that it was not negligent in causing the injuries resulting from such accident. Therefore, the next question to be determined is whether or not the petitioner's common carrier observed extraordinary diligence to safeguard the lives of its passengers. Considering the factual findings of the Court of Appeals-the bus driver did not immediately stop the bus at the height of the commotion; the bus was speeding from a full stop; the victims fell from the bus door when it was opened or gave way while the bus was still running; the conductor panicked and blew his whistle after people had already fallen off the bus; and the bus was not properly equipped with doors in accordance with law-it is clear that the petitioners have failed to overcome the presumption of fault and negligence found in the law governing common carriers. The petitioners' argument that the petitioners "are not insurers of their passengers" deserves no merit in view of the failure of the petitioners to prove that the deaths of the two passengers were exclusively due to force majeure and not to the failure of the petitioners to observe extraordinary diligence in transporting safely the passengers to their destinations as warranted by law.