LIGHT RAIL TRANSIT AUTHORITY & RODOLFO ROMAN v entitling Navidad to all the rights and

NAVIDAD protection under a contractual relation,

Intersection | G.R. No. 145804 | Feb. 6, 2003 - Law and jurisprudence dictate that a
Vitug, J. | Karl Legazpi common carrier, both from the nature of
its business and for reasons of public
FACTS: policy, is burdened with the duty of
- This case revolves around the liability of common exercising utmost diligence in ensuring the
carriers for tort (quasi-delict) notwithstanding an safety of passengers. (See NCC Arts. 1755,
existing contract of carriage (contract). 1756, 1759, 1763)
- Nicanor Navidad, drunk, entered the EDSA LRT - The law requires common carriers to carry
station after purchasing a "token" (fare). While passengers safely using the utmost
Navidad was standing on the platform near the diligence of very cautious persons with
LRT tracks, Junelito Escartin, the security guard on due regard for all circumstances.
duty (of Prudent Security Agency) approached - In case of such death or injury, a carrier is
Navidad. An altercation between the two led to a presumed to have been at fault or been
fist fight but no evidence was adduced to indicate negligent, and by simple proof of injury,
how the fight started, who delivered the first blow the passenger is relieved of the duty to still
or how Navidad later fell on the LRT tracks. As establish the fault or negligence of the
Navidad fell, an LRT train, operated by petitioner carrier or of its employees and the burden
Rodolfo Roman, was coming in. Navidad was shifts upon the carrier to prove that the
struck by the moving train, and he was killed injury is due to an unforeseen event or to
instantaneously. force majeure.
- Widow of Nicanor, respondent Marjorie Navidad, - In the absence of satisfactory explanation
filed a complaint for damages against Junelito by the carrier on how the accident
Escartin, Rodolfo Roman, the LRTA, the Metro occurred, which petitioners have failed to
Transit Organization, Inc. (Metro Transit), and show, the presumption would be that it
Prudent for the death of her husband. has been at fault.
- Trial Court: In favor of the plaintiffs and against the - WON Prudent is liable for the death of Navidad –
defendants Prudent Security and Junelito Escartin NO
ordering the latter to pay jointly and severally the - Liability could only be for tort under the
plaintiffs. Complaint against defendants LRTA and provisions of Article 2176
Rodolfo Roman are dismissed for lack of merit. - How then must the liability of the common
- CA: exonerated Prudent from any liability for the carrier, on the one hand, and an
death of Nicanor Navidad and, instead, holding the independent contractor, on the other
LRTA and Roman jointly and severally liable. hand, be described? It would be solidary.
- “a contract of carriage had already existed when - A contractual obligation can be breached
the victim entered the place where passengers by tort and when the same act or omission
were supposed to be after paying the fare and causes the injury, one resulting in culpa
getting the corresponding token therefor.” contractual and the other in culpa
- CA faulted LRTA for their failure to present expert aquiliana.
evidence to establish the fact that the application - A liability for tort may arise even under a
of emergency brakes could not have stopped the contract, where tort is that which
train. breaches the contract.
ISSUE: - Stated differently, when an act which
- WON petitioner LRTA is liable for the death of constitutes a breach of contract would
Navidad - YES have itself constituted the source of a
- SC: The foundation of LRTA’s liability is quasi-delictual liability had no contract
the contract of carriage and its obligation existed between the parties, the contract
to indemnify the victim arises from the can be said to have been breached by tort,
breach of that contract by reason of its thereby allowing the rules on tort to apply.
failure to exercise the high diligence
required of the common carrier.
- LRTA: presumption of negligence on the RULING: Petition Denied. CA decision finding LRTA liable for
part of a common carrier was not damages affirmed.
overcome. Escartin’s assault upon
Navidad, which caused the latter to fall on
the tracks, was an act of a stranger that
could not have been foreseen or
prevented.
- Respondents: a contract of carriage was
deemed created from the moment
Navidad paid the fare at the LRT station
and entered the premises of the latter,