Common carriers are liable for the death of or injuries to passengers through the negligence or willful acts of the former’s employees, although such employees may have acted beyond the scope of their authority or in violation of the orders of the common carriers. The liability of the common carriers does not cease upon proof that they exercised all the diligence of a good father of a family in the selection and supervision of their employees. (Art. 1759)
What is the rationale behind this principle?
The basis of the carrier's liability for assaults on passengers committed by its drivers rests on the principle that it is the carrier's implied duty to transport the passenger safely. As between the carrier and the passenger, the former must bear the risk of wrongful acts or negligence of the carrier's employees against passengers, since it, and not the passengers, has power to select and remove them. (Maranan v. Perez, G.R. No. L-‐ 22272, June 26, 1967)
