If you are riding a bus along EDSA and suddenly, due to the recklessness of the driver, you are injured, what case or cases would you file? Who would be liable the driver or the bus operator?
The possible cases that you may file are culpa contractual and culpa criminal.
First, culpa contractual is based on the contract between the bus operator and the passenger. Upon riding the bus, there is already a contract between the bus operator and the passenger that the passenger would be transported to his destination with outmost care. When a passenger is injured or did not reach his destination unharmed, there is already a breach of contract between the operator and the passenger. In this case, the passenger has a cause of action against the bus operator but not upon the driver, since the driver merely acts as an agent of the operator.
Secondly, culpa criminal is based on reckless imprudence resulting to physical injuries. This case would be against the driver since it is his direct act that causes the injury. In this manner, the driver would be liable for the civil liability like payment of damages. However, the operator of the bus is subsidiary liable for the payment of civil liability in case the driver is insolvent. Corollary, it is but necessary for the operator to provide competent counsels for his employees since in protecting the rights of his employee, he is also protecting his rights.
