PERENA VS.

ZARATE

FACTS:

Spouses Perenas were school bus operator engaged in the business of transporting
students to Don Bosco. Spouses Zarate engaged Spouses Perenas’ services to transport their
son, Aaron, to school.

The van’s air-conditioned unit was turned on and the stereo playing loudly on their
way to school one day. Since they were running late due to the traffic, the driver took a
detour which was through a narrow path underneath the Magallanes Interchange used as
short cut into Makati. As it traversed the PNR railroad crossing, the van was tailing a large
passenger bus so the driver’s view of the oncoming train was blocked. The train hit the van
at the rear end which threw the students including Aaron out of the van. Aaron landed in
the path of the train which dragged his body and severed his head, killing him.

The Spouses Zarates filed an action for damages against the driver of the van Alfaro,
the Spouses Perenas, the PNR and the train driver. The cause of action against Spouses
Perena was for breach of contract of carriage while for PNR, quasi delict. Spouses Perena
claimed that it is not a common carrier, thus only the diligence of a good father of a family
is required of them, which they duly complied with in the selection and supervision of their
driver

ISSUE
Whether or not Spouses Perenas is a common carrier, thus, its exercise of diligence
of a good father of a family in the selection and supervision of their driver would not excuse
it from liability.

RULING

The Spouses Perena, as a school bus operator is a common carrier.

 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 is 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 Spouses Perenas held themselves out to the public 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. Spouses 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.