The Supreme Court’s decision in this case underscores the critical importance of due diligence for shuttle bus drivers, especially concerning passenger safety. The Court firmly established that a driver’s failure to ensure the safe disembarkation of passengers constitutes gross negligence, warranting disciplinary action, including termination. This ruling highlights the high standard of care expected from professional drivers, emphasizing their responsibility to prioritize the well-being of passengers at all times.

When a Quick Stop Turns Reckless: Can a Shuttle Driver’s Negligence Lead to Dismissal?

This administrative matter arose from a complaint filed by Atty. Wilhelmina D. Geronga against Ross C. Romero, a shuttle bus driver, for reckless driving. Atty. Geronga alleged that Romero accelerated the bus before she had fully alighted, potentially causing her serious injury. The incident prompted an investigation into Romero’s conduct and the safety standards upheld by Supreme Court shuttle bus drivers.

The central issue before the Supreme Court was whether Romero’s actions constituted gross negligence, justifying his termination from service. The Court examined the evidence presented, including testimonies from witnesses and Romero’s own admissions, to determine if he had breached his duty of care to Atty. Geronga. This case serves as a reminder that professional drivers are expected to exercise the utmost care and diligence to protect the safety of their passengers.

The Court emphasized that as a professional driver, Romero was expected to be acutely aware of his responsibilities to his passengers. Their safety is his foremost concern, and he must guarantee it while they board, travel, and, crucially, alight from the bus. Administrative Circular No. 30-2004, which governs the operation of Supreme Court shuttle buses, clearly outlines these duties, stating:

Sec. 10. Duties of bus driver. – The bus driver shall have the following duties:

x x x

(7) To perform and discharge their duties with utmost courtesy to the bus riders, their fellow motorist, traffic enforcers and the general public; avoid any act of recklessness which may unnecessarily put in danger not only their respective buses, but more importantly, the lives and limbs of passengers, and to avoid any act of impropriety which may tarnish the image of the court.

The testimony of Alma Cortez, the bus coordinator, proved to be crucial in establishing Romero’s negligence. Cortez, who was seated near the door, witnessed Atty. Geronga’s hand still holding onto the bus when Romero accelerated. This directly contradicted Romero’s claim that he had ensured Atty. Geronga had safely disembarked before moving the bus. The Court gave considerable weight to Cortez’s sworn statement, finding it credible and indicative of Romero’s failure to exercise due care.

Moreover, Romero’s own statements revealed a lack of diligence. The Court noted that his letters never mentioned any specific precautions he took to ensure Atty. Geronga’s safety during disembarkation. He even admitted to not noticing that she was still holding onto the bus. The Court found that even if Atty. Geronga’s position was not visible in the rearview mirror, Romero failed to check the side mirror, which would have provided a clear view. This omission, according to the Court, demonstrated a “wanton disregard of the physical safety of his passenger.” The Supreme Court has said:

A man must use common sense, and exercise due reflection in all his acts; it is his duty to be cautious, careful, and prudent, if not from instinct, then through fear of incurring punishment. He is responsible for such results as anyone might foresee and for acts which no one would have performed except through culpable abandon. Otherwise his own person, rights and property, all those of his fellow-beings, would ever be exposed to all manner of danger and injury.^[4]

The Court highlighted the significance of preventing such incidents to ensure the safety of all passengers. The Court also considered the testimony of Cherrylyn Pasco, who stated that other passengers had nearly been caught by the closing door due to Romero’s inattentiveness. This pattern of near-misses further solidified the conclusion that Romero’s driving habits posed a significant risk to passenger safety. The Court held that:

The Court defined **gross negligence** as “the want or absence of even slight care or diligence as to amount to a reckless disregard of the safety of persons or property. It evinces a thoughtless disregard of consequences without exerting any effort to avoid them.” The Court found that Romero’s actions met this definition, justifying his termination.

In reaching its decision, the Court emphasized that while Romero was a casual employee, his termination was justified due to the seriousness of his negligence. The Court also noted that the need to safeguard the lives and limbs of shuttle bus passengers outweighed any mitigating circumstances, such as his length of service or the fact that this was allegedly his first offense. Moreover, it was noted that Romero had a pending administrative case docketed as A.M. No. 2008-24-SC for engaging in a fist fight with Edilberto Idulsa, also a shuttle bus driver of the SC.

FAQs

What was the key issue in this case?	The key issue was whether the shuttle bus driver’s actions constituted gross negligence, warranting termination from service. The Supreme Court evaluated if the driver breached his duty of care to a passenger who nearly fell while disembarking.
What is gross negligence?	Gross negligence is defined as the want or absence of even slight care or diligence as to amount to a reckless disregard of the safety of persons or property. It suggests a thoughtless disregard of consequences without any effort to avoid them.
What evidence did the Court consider?	The Court considered testimonies from witnesses, including the bus coordinator who saw the incident, as well as the driver’s own statements. These pieces of evidence helped determine if the driver had acted negligently.
Why was the bus coordinator’s testimony important?	The bus coordinator’s testimony was crucial because she witnessed the passenger’s hand still holding onto the bus when the driver accelerated. This contradicted the driver’s claim that the passenger had safely disembarked before he moved the vehicle.
What is the duty of care for professional drivers?	Professional drivers have a high duty of care to ensure the safety of their passengers at all times. This includes while passengers are boarding, during the trip, and when they are alighting from the vehicle.
What is the significance of Administrative Circular No. 30-2004?	Administrative Circular No. 30-2004 outlines the duties of Supreme Court shuttle bus drivers, emphasizing their responsibility to avoid recklessness and prioritize passenger safety. It provides a framework for evaluating the driver’s conduct in this case.
Can a casual employee be terminated for negligence?	Yes, even a casual or temporary employee can be terminated for cause, such as gross negligence. The Court ruled that the seriousness of the negligence justified the driver’s termination, regardless of his employment status.
What was the outcome of the case?	The Supreme Court ordered the termination of the shuttle bus driver from service, effective immediately. This decision underscored the importance of prioritizing passenger safety and holding drivers accountable for their negligent actions.

This case serves as a stern reminder to all professional drivers, particularly those operating public transportation, about the weight of their responsibility. The safety of passengers must always be paramount, and any deviation from this standard will be met with serious consequences. By prioritizing passenger well-being and adhering to safety protocols, drivers can prevent accidents and ensure the safety of everyone on board.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: RE: COMPLAINT OF ATTY. WILHELMINA D. GERONGA AGAINST MR. ROSS C. ROMERO, DRIVER, SHUTTLE BUS NO. 5, FOR RECKLESS DRIVING, A.M. No. 2009-04-SC, September 04, 2009