DANGWA TRANSPORTATION CO., INC. vs.

. COURT OF APPEALS, all Heirs of the late Pedrito Cudiamat Contributory Negligence Arts. 1761-1762 Ces October 7, 1991

FACTS: Pedrito Cudiamat tried to board the bus of Dangwa while it was slowly moving. When Pedrito stepped on the platform in an attempt to enter therein, the bus suddenly accelerated forward. Pedrito fell from the platform and was ran over by the bus. Subsequently, he died. The heirs of Pedrito filed an action for damages against Dangwa based on the latters negligence. Dangwa said that it was not liable because the proximate cause of Pedritos death was his own negligence in trying to board a moving vehicle. ISSUE: WON Pedrito is guilty of contributory negligence. NO. The act of Pedrito in attempting to board a slowly moving vehicle was not negligence per se. The fact that passengers board and alight from a slowly moving vehicle is a matter of common experience and both the driver and conductor in this case could not have been unaware of such an ordinary practice. Pedrito, by stepping and standing on the platform of the bus, is already considered a passenger and is entitled to all the rights and protection pertaining to such a contractual relation. Hence, it has been held that the duty, which the carrier of passengers owes to its patrons, extends to persons boarding the cars as well as to those alighting therefrom. ARTICLE 1762 provides that the contributory negligence of the passenger does not bar recovery of damages for his death or injuries, if the proximate cause thereof is the negligence of the common carrier, but the amount of damages shall be equitably reduced. The aforesaid provision applies only where both parties are guilty of negligence and not, as in this case, where only the negligence of the CC was the proximate cause of Pedritos death. The SC said that only Dangwa was negligent. Thus, it was solely answerable for Pedritos death.