PERENA VS.

ZARATE
G.R. NO. 157917
August 29, 2012
DOCTRINE
Common carriers, from the nature of their business and for reasons of public policy, are bound to observe
extraordinary diligence in the vigilance over the goods and for the safety of the passengers transported by
them

FACTS
Spouses Perenas were engaged in the business of transporting students to Don Bosco. The Zarates engaged
Perenas services to transport their son, Aaron, to school.
While on the way to school, Alfaro (driver) deviated from the usual route and took a shortcut in order to
avoid traffic. The van was tailing a large passenger bus, so the driver could not possibly see any oncoming
vehicles. Still the driver overtook the large passenger bus, and as a consequence, the oncoming train hit the
van at the rear end. Nine students died including Aaron. The railroad for train was open for traversing
vehicles, and there was no warning signs for traversing trains.

The Zarates filed for damages against Perenas, Alfaro, PNR, and the train driver. The cause of action against
Perena was for contract of carriage while for PNR, quasi delict.
Perena posited the defense of diligence of a good father in the selection and supervision of their driver

ISSUE
WON the defense of a good father of a family is a defense for a contract of carriage
RULING
NO. Under Art 1733 of the NCC,
Art. 1733. Common carriers, from the nature of their business and for reasons of public policy, are bound
to observe extraordinary diligence in the vigilance over the goods and for the safety of the passengers
transported by them, according to all the circumstances of each case.

In this case, petitioner Perenas held themselves out as a ready transportation indiscriminately to the students
of a particular school living within or near where they operated the service and for a fee. Perena, being a
common carrier, was bound to exercise extra ordinary diligence for the safety of the passengers.