Uploaded by charry.daplin2020

DAPLIN-Durano's paper 2022

advertisement
DAPLIN, CHARRY A.
REFLECTION
July 26, 2022
DEFINING THE DURATION OF EXTRAORDINARY DILEGENCE
FOR THE SAFETY OF PASSENGER
BY: JOSEPH DURANO
Commuting in layman’s term or riding a public transportation is a part of
our daily lives most common Filipinos. While some or other prefer services offered
by their work because it is more convenient, commuting still the most popular
option especially right now there is uprising cost of oil in the market.
The operators of a public transportation either by air, land or water are
considered common carriers. Engaging in the business of carrying or transporting
passengers, goods or both with pay in exchange of offering their service to the
public. Under the law a carrier who engage in carrying passengers is bound to
observe extraordinary diligence for the safety of their passenger transported by
them, like a diligence of a good father who takes care of his family, as further
carrier is also bound to carry and ensure the protection of their passenger with
their outmost diligence like a mother who takes care of her new born baby
regardless of circumstances. It should be extraordinary diligence not just as
ordinary.
As to the relation of carrier and passenger “commence the carrier begins
to be under a duty to exercise extraordinary diligence to ensued the passenger’s
safety”. Once created, the relation of carrier and passenger will not ordinarily
terminate. “The prevailing Philippine rule holds that the passenger-carrier relation
continues until the passenger has left the premises used by the carrier at the point
of destination and has been allowed a reasonable time to leave”.
Those mention above are just among the few things which the author
answered the question on determining the application of extraordinary diligence
to ensure the safety of the passenger in a common carrier. Extraordinary diligence
is legal obligation of a carrier to provide care and transportation of its passenger.
The requirement provided by the law for extraordinary diligence is not something
new however, there are still instances that the requirement given is not fully
satisfied that is why there are lots of cases relating to transportation and the most
vulnerable is the passenger.
There are lots of cited cases that the writer presented in his writing. Thus, the
writer wants to convey what is the real concept of extraordinary diligence, the
relation between passenger-carrier, why do we need to determine such. Does it
really affect our lives? Why do we need to learn such concept?
After I read the assigned notes, I contemplated and certainly in favor for
the amendment of some provisions of our law in relation to safety of the
passengers as well as the obligations of the carrier. Its about time that our lawmaking body will craft new laws that will create more organize, specific that will
address the needs of the Filipinos specifically when it comes to transportation
issue.
Common carrier for transportation is the most efficient way for us Filipinos to
reach our destination, it is the convenient way especially for ordinary people to
commute from home to work and vice versa, its routinary a part of daily lives.
However, as time passed by, we become more critical about the things
happening around us we become curious and innovative. With our advance
technology more transportation is or will be created, discovered and developed
to address the needs of the people, from complex to more advance for the
purpose of convenience and make our life lighter and easier amidst the
complicated environment.
Innovation is part of economic development however together with
innovation we must not forget the importance of life it should come hand-inhand, to ensure the safety and secure every individual wherever we want to be.
Download