Safety of Passengers on Jeepney and Bus
Whether street road or highway, the road has been a peril to the commuters not only in the metro but also in suburbs. The reckless jeepneys, which alight and load passengers in the middle of the road, or while moving, seems to be not deterred by the accident it has been posing to its passengers.
As a rule, common carriers like jeepneys and bus are bound to carry its passengers safely as far as human care or foresight can provide, using the outmost diligence of very cautious persons, with a due regard for all the circumstances (ART. 1755 CC). A simple scrutiny of the provision above, it could be established that jeepneys and bus must not only provide ordinary careful over its passenger, but rather must be EXTRAordinary careful. In the event that the passenger suffers injury, or does not reach his destination safely, he has a cause of action against the common carrier.
Passengers Alighting or Boarding in a Moving Vehicle
It has already been a matter of common experience that passengers board and alight from jeepneys slowly moving. The jeepneys, in order to have more passengers, do not stop when a passenger signals to alight, but rather it slow its phase and greedily accelerates on the gas as soon as it can. When injury or accident occurs, the driver is presumed to be at fault since, being a matter of common experience; it can not be argued that the driver or conductor is unaware of such ordinary practice. The victim, by stepping and standing on the platform of the bus or jeep, is already considered a passenger and is considered a passenger and is entitled to all the rights and protection pertaining to such a contractual relation (see Dangwa Trans v. CA, 202 SCRA 574).
Passengers Alighting in a Non-Moving Vehicle
When the bus is not in motion, there is no necessity, for a person who wants to ride the same, to signal his intention to board. A bus or jeepneys, once it stops, is in effect making a continuous offer to commuters. Hence, it becomes the duty of the driver and the conductor, every time the bus stops, to do no act that would have the effect of increasing the peril to a passenger while he was attempting to board the bus or jeepney. The premature acceleration of the bus is a breach of the common carriers’ duty.
In this regard, it is very clear that jeepneys and buses are given an important duty to take care of passengers. Common carriers, being vested with public interest, must exercise outmost diligence and care to provide safety to people.
