There existed a contract of carriage between G & S, as the owner and operator of the Avis taxicab, and Jose Marcial, as the passenger of said vehicle. As a common carrier, G & S "is bound to carry [Jose Marcial] safely as far as human care and foresight can provide, using the utmost diligence of very cautious persons, with due regard for all the circumstances." However, Jose Marcial was not able to reach his destination safely as he died during the course of the travel. "In a contract of carriage, it is presumed that the common carrier is at fault or is negligent when a passenger dies or is injured. In fact, there is even no need for the court to make an express finding of fault or negligence on the part of the common carrier. This statutory presumption may only be overcome by evidence that the carrier exercised extraordinary diligence." Unfortunately, G & S miserably failed to overcome this presumption. Both the trial court and the CA found that the accident which led to Jose Marcial's death was due to the reckless driving and gross negligence of G & S' driver, Padilla, thereby holding G & S liable to the heirs of Jose Marcial for breach of contract of carriage. (Heirs of Jose Marcial K. Ochoa v. G & S Transport Corporation, G.R. No. 170071 & G.R. No. 170125, March 9, 2011).
In a contract of carriage, it is presumed that the common carrier is at fault or is negligent when a passenger dies or is injured
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Oleh
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