By: Atty. Gregorio B. Austral, CPA
Nature of the contract of carriage of passengers
A common carrier, from the nature of its business and for reasons of public safety, is bound to observe extraordinary diligence for the safety of the passenger it transports. (Baritua v. Mercader, 350 SCRA 86). The law requires common carriers to carry passengers safely using the utmost diligence of very cautious persons with due regard for all circumstances. In case of death or injury to a passenger, a common carrier is presumed to have been at fault or negligent. (Light Rail Transit Authority v. Navidad, 397 SCRA 75 (2003))
In Northwest Airlines v. Catapang, 594 SCRA 75 (2003), the Court ruled that passengers have the right to be treated by a carrier’s employees with kindness, respect, courtesy, and due consideration. They are entitled to be protected against personal misconduct, injurious language, indignities, and abuses from such employees. So it is that any discourteous conduct on the part of these employees toward a passenger gives the latter an action for damages against the latter.
A contract of transport of passengers is quite different in kind and degree from any other contractual relation. It is safe to conclude that it is a relationship imbued with public interest. Failure on the part of the common carrier to live up to the exacting standards of care and diligence renders it liable for any damages that may be sustained by its passengers. However, this is not to say that common carriers are absolutely responsible for all injuries or damages even if the same were caused by a fortuitous event. To rule otherwise would render the defense of force majeure as an exception from any liability, illusory and ineffective. (Japan Airlines v. Court of Appeals, 294 SCRA 19 (1998))