Single passenger edsa suspended 2019, Hochgeladen von
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Perenas were engaged in hochzeit spiele ideen kennenlernen single passenger edsa suspended 2019 of transporting students to Don Bosco. The Zarates engaged Perenas services to transport their son, Aaron, to school.
The driver took a detour because they were running late due to the traffic in SLEX. The detour was through a narrow path underneath the Magallanes Interchange used as short cut into Makati.
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The train hit the van at the rear end and the impact threw 9 students including Aaron out of the van. Aaron landed in the path of the train which dragged his body and severed his head, instantaneously killing him. The cause of action against Perena was for contract of carriage while for PNR, quasi delict.
Is the petitioner a common carrier?
A school bus operator is a common carrier. Perenas operated as a common carrier; and their standard of care was extraordinary diligence, not only diligence of a good father.
A carrier is a person or corporation who undertakes to transport or convey goods from one place to another, gratuitously or for hire. They may be private or common Private carrier is one who, without holding himself or itself out to the public as ready to act for all who may desire his or its services, undertakes, by special agreement in a particular instance only, to transport goods or persons from one place to another either gratutitously or for hire.
The diligence required of a private carrier is only ordinary Common Carrier is a person, corporation, firm or association engaged in the business of carrying or transporting passengers or goods or both, by land, water, or air, for compensation, offering such services to the public.
Diligence required is to observe extraordinary diligence, and flirten via whats app presumed to be at fault or to have acted negligently in case of the loss of effects of passengers, or death or injuries to passengers The true test for a common carrier is not the quantity or extent of business actually transacted, or the number of conveyances, BUT WHETHER the undertaking is a part of the activity that he has held out to the general public as his business or occupation.
The Perenas held themselves out as a ready transportation indiscriminately to the students of single passenger edsa suspended 2019 particular school living within or near where they operated the service and for a fee.
Perena, being a common carrier, was already presumed to be negligent at the time of the accident because death occurred to their passenger. The omissions of care on the part of the driver constituted negligence.
At about am of August 22,the driver of the said private van, Clemente Alfaro, while the children were on board including Aaron, decided to take a short cut in order to avoid traffic. Alfaro saw that the barandilla the pole used to block vehicles crossing the railway was up which means it was okay to cross.
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He then tried to overtake a bus. However, there was in fact an oncoming train but Alfaro no longer saw the train as his view was already blocked by the bus he was trying to overtake.
During the collision, Aaron, was thrown off the van. His body hit the railroad tracks and his head was severed. He was single passenger edsa suspended 2019 15 years old.
Their cause of action against PNR was based on quasi-delict. In short, they observed the diligence of a good father in selecting their employee. The RTC ruled in favor of the Zarates. In the decision of the RTC and the CA, they awarded damages in favor of the Zarates for the loss of earning capacity of their dead son.
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They argued that single passenger edsa suspended 2019 award was improper as Aaron was merely a high school student, hence, the award of such damages was merely speculative. They cited the case of People vs Teehankee where the Supreme Court did not award damages for the loss of earning capacity despite the fact that the victim there was enrolled in a pilot school.
Whether or not the award of damages for loss of income is proper. They are not merely private carriers. Prior to this case, the status of private transport for school services or school buses is not well settled as to single passenger edsa suspended 2019 or not they are private or common carriers — but they were generally regarded as private carriers.
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Private transport for schools are common carriers. What is specifically required from them by law is extraordinary diligence — a fact which they failed to prove in court.
Verily, their obligation as common carriers did not cease upon their exercise of diligently choosing Alfaro as their employee. It is recommended that you read the full text, the Supreme Court made an elaborate and extensive definition of common and private carriers as well as their distinctions.
Aaron was enrolled in a reputable school Don Bosco. He was of normal health and was an able-bodied person.
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Further, the basis of the computation of his earning capacity was not on what he would have become. It was based on the current minimum wage. The minimum wage was validly used because with his circumstances at the time of his death, it is most certain that had he lived, he would at least be a minimum wage earner by the time he starts working.
This is not being speculative at all. The Teehankee case was single passenger edsa suspended 2019 because in that case, the reason why no damages were awarded for loss of earning capacity was that the defendants there were already assuming that the victim would indeed become a pilot — hence, that made the assumption speculative.