GR 70547; (January, 1993) (Digest)
G.R. No. 70547 January 22, 1993
PHILIPPINE NATIONAL RAILWAYS and HONORIO CABARDO, petitioners, vs. INTERMEDIATE APPELLATE COURT, and BALIWAG TRANSIT, INC., respondents.
FACTS
On August 10, 1974, a passenger express train of the Philippine National Railways (PNR), operated by engineer Honorio Cabardo, collided with a passenger bus of Baliwag Transit, Inc. at a railroad crossing in Barrio Balungao, Calumpit, Bulacan. The bus, driven by Romeo Hughes, was stalled on the tracks when it was hit. The collision resulted in the death of 18 bus passengers, injuries to 53 others, and damage to the bus. Baliwag Transit filed an action for damages against PNR and Cabardo, alleging the proximate cause was the negligence of PNR and its engineer in operating the train at a busy intersection without crossing bars, semaphores, signal lights, or a flagman. The defendants countered that the collision was caused by the negligence of the bus driver. The parties stipulated to several facts, including that there were no bars, semaphores, or signal lights at the crossing; there was a “Stop, Look and Listen” sign; there was slight rainfall; and the train stopped about 50 meters after the collision. The trial court found PNR and Cabardo negligent and held them jointly and severally liable for damages. The Intermediate Appellate Court affirmed the decision.
ISSUE
The principal issue is who between the bus driver Romeo Hughes and the train engineer Honorio Cabardo was negligent, or whether both were negligent, and consequently, which company should be held accountable.
RULING
The Supreme Court dismissed the petition and affirmed the decision of the Intermediate Appellate Court. The Court upheld the finding that the train engineer, Honorio Cabardo, was negligent. The Court noted the train was running fast, as it was ahead of schedule and traveling on a downgrade, which would cause acceleration. The train dragged the bus several meters and stopped about 190 meters from the point of impact. The engineer failed to exercise reasonable diligence by not slowing down or applying brakes despite the visible obstruction (the stalled bus and other vehicles) on the track, the intermittent rainfall, and the presence of people near the intersection. Furthermore, the failure of PNR to install a semaphore or post a flagman at the crossing constituted negligence. The Court deferred to the factual findings of the trial court, which were affirmed by the appellate court, giving them great respect. The bus driver was found to have taken necessary precautions by stopping and having the conductor alight to “look and listen” before proceeding. Therefore, PNR and its engineer were held jointly and severally liable for the damages.