4. Tamayo vs. PascuaDoctrine: Common Carriers; Relationship of Carrier and Passenger; CreationThere is concurrence of offer on the part of a commuter and acceptance on the part of a common carrier to take the former as a passenger, where the commuter flags down the bus to stop and the bus, and the bus slows down to a turtle pace along a loading and unloading island, apparently in the act of allowing and enabling the commuter to board it.

Common knowledge and experience; slowing down to allow passenger to board bus; driver’s duty.A bus need not come to a dead stop to allow passengers to board it. It is enough that it slows down to a negligible speed, allowing people to board it without danger to their lives and limbs. This is a matter of common knowledge and experience in the city of manila and suburbs. Under such circumstances it is a driver’s duty to see to it that every person who wants to board the bus is safe inside before picking up speed and moving forward.

Use of diligence of a good father of a family, not a defenseThe liability of a common carrier under article 1759 of the Civil Code does not cease upon proof it had exercised all the diligence of a good father of a family in the selection and supervision of its employees, which is a defense available only in quasi-delict where no contractual relation between the injured and the one causing the Injury exists.

Facts:A bus of Royal Bus Co. passing the rotonda in Baclaran slowed down upon approaching an island. There were several persons who were waiting for transportation, among whom was Benito Tamayo. In view of the slow pace of the bus which was a sign that bus was going to pick up passengers from the island, Benito Tamayo succeeded in holding the handle at the entrance and placing his 2 feet on the first step of the running board, but all of a sudden the bus suddenly increased its speed causing Tamayo to lose his balance and fall to the ground.

TC: Dismissed complaint on the ground that there was no contract of carriage. There having been no offer from plaintiff communicated to the driver of the bus. Plaintiff boarded the bus without signaling to the driver.

Issue: Whether there was a contract of carriage between the Royal Bus and Tamayo.Held: YesThe testimony of a traffic officer who was near the place where the incident occurred convinced the court that there was indeed a contract of carriage between the parties since there was concurrence of offer on the part of a commuter and acceptance on the part of a common carrier to take the former as a passenger, where the commuter flags down the bus to stop and the bus, and the bus slows down to a turtle pace along a loading and unloading island, apparently in the act of allowing and enabling the commuter to board it. A bus need not come to a dead stop to allow passengers to board it. It is enough that it slows down to a negligible speed, allowing people to board it without danger to their lives and limbs. (See doctrine)