PERENA VS. ZARATE

PERENA VS. ZARATE

G.R. NO. 157917

August 29, 2012

Bersamin, J.

FACTS:

Perenas were engaged in the business of transporting students to Don Bosco. The Zarates engaged Perenas services to transport their son, Aaron, to school.

While on the way to school, the van’s air-conditioned unit was turned on and the stereo playing loudly. 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. When the van was to traverse the PNR railroad crossing, the van was tailing a large passenger bus so the driver’s view of the oncoming train was blocked. The train hit the van at the rear 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 Zarates filed for damages against Alfaro, Perenas, PNR, and the train driver. The cause of action against Perena was for contract of carriage while for PNR, quasi delict. Perena posited the defense of diligence of a good father in the selection and supervision of their driver

ISSUE/S: Were Perenas and PNR jointly and severally liable for damages? Is the petitioner a common carrier?

RULING:

YES. A school bus operator is a common carrier.

Perena’s defense of diligence of a good father in the selection and supervision of their driver is unavailable for breach of contract of carriage. 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 to 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. The omissions of care on the part of the driver constituted negligence.