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AGAPITA DIAZ v. CA

This case has been cited 2 times or more.

2012-07-16
DEL CASTILLO, J.
when a passenger dies or is injured."[23]
2010-06-29
CARPIO MORALES, J.
When a passenger dies or is injured in the discharge of a contract of carriage, it is presumed that the common carrier is at fault or negligent.  In fact, there is even no need for the court to make an express finding of fault or negligence on the part of the common carrier. This statutory presumption may only be overcome by evidence that the carrier exercised extraordinary diligence.[21]