Mama Parraaa!

I do not hesitate to tell a taxi, bus or jeepney driver, who appears to be reckless and lacks right conduct, to slow down. I boldly and gently (I’m afraid to be thrown out of the jeepney window haha) remind them that both him and his passengers have dependent or family that cares for and relies on them thus, they are required to exercise high degree of care. Forgive me, I have always wished for the complete vanishment of all the jeepneys in the Philippines for being the major contributors to air pollution and heavy traffic jam.

I certainly think most of those drivers (especially jeepney drivers) are not aware that they are bound and subject to the provisions of Contract of Transportation. It is a contract whereby a person, natural or juridical, obligates himself to transport person or goods, or both, from one place to another, by land, water, or air, for a price or compensation. The drivers cannot validly argue that they are not bound by the contract since it is not in writing. As a general rule (Article 1356, New Civil Code), contracts shall be obligatory and valid in WHATEVER FORM (whether verbal or in writing). There are only 2 exceptions; it is when the form is needed for:

1. VALIDITY e.g. donation of real property;
2. ENFORCEABILITY under the Statute of Frauds. (Art. 1403 par. 2 , NCC)

The Contract of Transportation falls under NEITHER exceptions. It is imbued with public interest requiring common carriers to carry passengers and goods safely using utmost diligence of very cautious person with due regard for all circumstances. The Law on Common Carriers (Articles 1732 to 1766, Civil Code) imposes an exacting standard. Failure to observe extraordinary diligence renders it liable for any damage that may be sustained by its passengers or goods.

Common carriers are presumed to have been at fault or negligent in case of death of or injuries to passengers or loss of goods except if it is due to a fortuitous event. The award of damages for death is computed on the basis of the life expectancy of the deceased passenger which is 2/3 of 80 less his age at the time of his death. Take for instance, the life expectancy of a 20-year-old deceased passenger is computed below:

80
x .67 (2/3)
53.60 >2/3 of 80;

53.60 – 20 = 33.60 years > life expectancy

The heirs of a deceased passenger are entitled to recover from the negligence of the Common Carriers:

1. the total earnings for the life expectancy;
2. damages for his death;
3. moral damages for mental anguish of the heirs;
4. burial expenses; and
5. attorney’s fees, if a lawsuit has been filed.