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    09 Spouses Teodoro VS SPS Nicolas Digest

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    Athea Justine Yu
    The Pereñas were engaged in the business of transporting students to and from school using a van driven by their employee, Clemente Alfaro. In June 1996, their van was involved in a collision at a railroad crossing with a train operated by the PNR, killing one student, Aaron Zarate. The Zarates sued the Pereñas, PNR, Alfaro and the train operator for damages. The issue was whether the Pereñas acted as a common carrier in transporting the students. The Court ruled that the Pereñas operated as a common carrier because they held themselves out as ready transportation indiscriminately to students of a particular school living within their operating area for

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    09 Spouses Teodoro VS SPS Nicolas Digest

    Uploaded by

    Athea Justine Yu
    43 views2 pages
    The Pereñas were engaged in the business of transporting students to and from school using a van driven by their employee, Clemente Alfaro. In June 1996, their van was involved in a collision at a railroad crossing with a train operated by the PNR, killing one student, Aaron Zarate. The Zarates sued the Pereñas, PNR, Alfaro and the train operator for damages. The issue was whether the Pereñas acted as a common carrier in transporting the students. The Court ruled that the Pereñas operated as a common carrier because they held themselves out as ready transportation indiscriminately to students of a particular school living within their operating area for

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    09 SPOUSES TEODORO VS SPS NICOLAS DIGEST

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    The Pereñas were engaged in the business of transporting students to and from school using a van driven by their employee, Clemente Alfaro. In June 1996, their van was involved in a collision at a railroad crossing with a train operated by the PNR, killing one student, Aaron Zarate. The Zarates sued the Pereñas, PNR, Alfaro and the train operator for damages. The issue was whether the Pereñas acted as a common carrier in transporting the students. The Court ruled that the Pereñas operated as a common carrier because they held themselves out as ready transportation indiscriminately to students of a particular school living within their operating area for

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    43 views2 pages

    09 Spouses Teodoro VS SPS Nicolas Digest

    Uploaded by

    Athea Justine Yu
    The Pereñas were engaged in the business of transporting students to and from school using a van driven by their employee, Clemente Alfaro. In June 1996, their van was involved in a collision at a railroad crossing with a train operated by the PNR, killing one student, Aaron Zarate. The Zarates sued the Pereñas, PNR, Alfaro and the train operator for damages. The issue was whether the Pereñas acted as a common carrier in transporting the students. The Court ruled that the Pereñas operated as a common carrier because they held themselves out as ready transportation indiscriminately to students of a particular school living within their operating area for

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    SPOUSES TEODORO1 and NANETTE PERENA, Petitioners, vs.

    SPOUSES
    TERESITA PHILIPPINE NICOLAS and L. ZARATE, NATIONAL RAILWAYS, and
    the COURT OF APPEALS Respondents. (G.R. No. 157917   August 29, 2012)
    Facts:
    The Pereñas were engaged in the business of transporting students from their
    respective residences in Parañaque City to Don Bosco in Pasong Tamo, Makati City,
    and back. They employed Clemente Alfaro (Alfaro) as driver of the van.
    In June 1996, the Zarates contracted the Pereñas to transport Aaron to and from
    Don Bosco. Considering that the students were due at Don Bosco by 7:15 a.m.,
    and that they were already running late because of the heavy vehicular traffic on
    the South Superhighway, Alfaro took the van to an alternate route at about 6:45
    a.m. by traversing the narrow path underneath the Magallanes Interchange that
    was then commonly used by Makati-bound vehicles as a short cut into Makati. At
    the time, the narrow path was marked by piles of construction materials and
    parked passenger jeepneys, and the railroad crossing in the narrow path had no
    railroad warning signs, or watchmen, or other responsible persons manning the
    crossing. In fact, the bamboo barandilla was up, leaving the railroad crossing open
    to traversing motorists.
    At about the time the van was to traverse the railroad crossing, PNR Commuter No.
    302 (train), operated by Jhonny Alano (Alano), was in the vicinity of the Magallanes
    Interchange travelling northbound. As the train neared the railroad crossing, Alfaro
    drove the van eastward across the railroad tracks, closely tailing a large passenger
    bus. His view of the oncoming train was blocked because he overtook the passenger
    bus on its left side. The train blew its horn to warn motorists of its approach. When
    the train was about 50 meters away from the passenger bus and the van, Alano
    applied the ordinary brakes of the train. He applied the emergency brakes only
    when he saw that a collision was imminent. The passenger bus successfully
    crossed the railroad tracks, but the van driven by Alfaro did not. The train hit the
    rear end of the van, and the impact threw nine of the 12 students in the rear,
    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. Alano fled the
    scene on board the train, and did not wait for the police investigator to arrive.
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    Devastated by the early and unexpected death of Aaron, the Zarates commenced
    this action for damages against Alfaro, the Pereñas, PNR and Alano. The Pereñas
    and PNR filed their respective answers, with cross-claims against each other, but
    Alfaro could not be served with summons.
    Issue:
    Whether or not the Parenas acted as a common carrier.
    Ruling:
    As all the foregoing indicate, the true test for a common carrier is not the quantity
    or extent of the business actually transacted, or the number and character of the
    conveyances used in the activity, but whether the undertaking is a part of the
    activity engaged in by the carrier that he has held out to the general public as his
    business or occupation. If the undertaking is a single transaction, not a part of the
    general business or occupation engaged in, as advertised and held out to the
    general public, the individual or the entity rendering such service is a private, not a
    common, carrier. The question must be determined by the character of the
    business actually carried on by the carrier, not by any secret intention or mental
    reservation it may entertain or assert when charged with the duties and obligations
    that the law imposes
    (a) engaged in transporting passengers generally as a business, not just as a casual
    occupation; (b) undertaking to carry passengers over established roads by the
    method by which the business was conducted; and (c) transporting students for a
    fee. Despite catering to a limited clientèle, the Pereñas operated as a common
    carrier because they 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.

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