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J. Dizon
Facts
Moncada was driving a bus of the Laguna Tayabas Bus Company (LTB)
and Cariaga was one of the passengers. The bus is bound for Lilio,
Laguna (coming from Manila).
As the bus reached the poblacion of Bay, Laguna, where the national
highway crossed a railroad track, it (bus) bumped against the engine of a
train then passing by. The impact was so strong that it caused the first six
wheels of the train to be derailed, while the engine and front part of the
body of the bus were wrecked.
Moncada (bus driver) died while Cariaga suffered major injuries.
o Cariaga was unconscious during the first 35 days after the
accident.
o A portion of his brain was removed. According to the doctors, due
to this operation, Cariagas mentality has been so reduced (by
50%) that can no longer finish his studies as a medical student
o Also, Cariaga ended up in a helpless ocndition, virtually an invalid,
both physically and mentally.
LTB paid Cariagas hospital, medical and miscellaneous expenses. Also,
LTB gave him Php 10.00 daily allowance from January until April 1953.
Complaint was filed agains LTB and MRR Co. for recovery of damages.
LTBs argument
o The accident was due to the negligence of MRR for not providing a
crossing bar at the point where the national highway crossed the
railway track
o That the driver of the train violated the law
In sounding the whistle only when the collision was about to
take place instead of at a distance of at least 300 meters
from the crossing
And in not ringing the locomotive bell at all
MRRs argument
o It was the reckless negligence of the bus driver that caused the
accident
RTC held that it was the negligence of the bus driver that caused the
accident. It ordered LTB to pay Cariaga compensatory damages.
Hence, this appeal where the Carriagas claim that the RTC should have
also awarded them moral and actual damages.
ISSUE + RATIO
WON the bus driver was negligent - Yes
o Evidence shows that the train whistle had been sounded several
times before it reached the crossing and the bus driver simply
ignored the warnings.