This case has been cited 3 times or more.
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2015-02-18 |
PERALTA, J. |
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| After a review of the records of the case, we find no cogent reason to reverse the rulings of the courts below for none of the aforementioned exceptions are present herein. Both the trial and appellate courts found driver Gimena negligent in hitting and running over the victim and ruled that his negligence was the proximate cause of her death. Negligence has been defined as "the failure to observe for the protection of the interests of another person that degree of care, precaution, and vigilance which the circumstances justly demand, whereby such other person suffers injury."[13] Verily, foreseeability is the fundamental test of negligence.[14] It is the omission to do something which a reasonable man, guided by those considerations which ordinarily regulate the conduct of human affairs, would do, or the doing of something which a prudent and reasonable man would not do.[15] | |||||
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2012-02-15 |
REYES, J. |
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| At any rate, the records bear out that the factual circumstances of the case were meticulously scrutinized by both the RTC and the CA before arriving at the same finding of negligence on the part of the petitioners, and we found no compelling reason to disturb the same. Both courts ruled that the petitioners fell short of the diligence expected of it, taking into consideration the nature of its business, to forestall any untoward incident. In particular, the petitioners failed to install safety railroad bars to prevent motorists from crossing the tracks in order to give way to an approaching train. Aside from the absence of a crossing bar, the "Stop, Look and Listen" signage installed in the area was poorly maintained, hence, inadequate to alert the public of the impending danger. A reliable signaling device in good condition, not just a dilapidated "Stop, Look and Listen" signage, is needed to give notice to the public. It is the responsibility of the railroad company to use reasonable care to keep the signal devices in working order. Failure to do so would be an indication of negligence.[25] Having established the fact of negligence on the part of the petitioners, they were rightfully held liable for damages. | |||||
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2012-02-15 |
REYES, J. |
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| The exacting nature of the responsibility of railroad companies to secure public safety by the installation of warning devices was emphasized in Philippine National Railways v. Court of Appeals,[28] thus: [I]t may broadly be stated that railroad companies owe to the public a duty of exercising a reasonable degree of care to avoid injury to persons and property at railroad crossings, which duties pertain both to the operation of trains and to the maintenance of the crossings. Moreover, every corporation constructing or operating a railway shall make and construct at all points where such railway crosses any public road, good, sufficient, and safe crossings, and erect at such points, at sufficient elevation from such road as to admit a free passage of vehicles of every kind, a sign with large and distinct letters placed thereon, to give notice of the proximity of the railway, and warn persons of the necessity of looking out for trains. The failure of the PNR to put a cross bar, or signal light, flagman or switchman, or semaphore is evidence of negligence and disregard of the safety of the public, even if there is no law or ordinance requiring it, because public safety demands that said device or equipment be installed.[29] | |||||