G.R. No. 119756, 18 March 1999, 305 SCRA 15


A bus of Fortune Express, Inc. (FEI) figured in an accident with a jeepney which resulted in thedeath of several passengers including two Maranaos. It was found out that a Maranao owns said jeepneyand certain Maranaos were planning to take revenge by burning some of FEI’s buses. The operationsmanager of FEI was advised to take precautionary measures but just the same, three armed Maranaoswere able to seize a bus of FEI and set it on fire.


Whether petitioner had breach the contract of carriage, making it liable for damages?


Art. 1763 of the Civil Code provides that a common carrier is responsible for injuries suffered bya passenger on account of the willful acts of other passengers, if the employees of the common carriercould have prevented the act the exercise of the diligence of a good father of a family. In the present case, it is clear that because of the negligence of the seizure ofthe bus by Mananggolo and his men was made possible.

*Case digest by Peregrino Varquez, LLB-IV, Andres Bonifacio Law School, SY 2018-2019