GR No 190022 February 15 2012

Philippine National Railways Corporation (PNR), Japhet Estranas and Ben Saga,

Petitioners,
Vs.
Purificacion Vizcara, Marivic Vizcara, Cresencia A. Natividad, Hector Vizcara, Joel Vizcara andDominador Antonio
Respondents.February 15, 2012

Facts:On May 14, 2004, at about three o’clock in the morning, Reynaldo Vizcara (Reynaldo) was
drivinga passenger jeepney headed towards Bicol to deliver onion crops, with his
companions (Cresencio,Crispin, Samuel, Dominador Antonio and Joel). While crossing
the railroad track in Tiaong, Quezon, aPNR train, operated by respondent Estranas, suddenly turned up and
rammed the passenger jeepney.The collision resulted to the instantaneous death of Reynaldo, Cresencio, Crispin,
and Samuel. On theother hand, Dominador and Joel, sustained serious physical
injuries. At the time of the accident, there was no level crossing installed at the railroad crossing. Additionally, the
“Stop, Look and Listen” signage was poorly maintained. The “Stop” signage was alreadyfaded while the “Listen”
signage was partly blocked by another signboard.Respondents filed an action for damages against PNR, Estranas
and Ben Saga, the alternate driver of the train, before the RTC of Palayan City. In the complaint the respondents
proximate cause of the accident was
the petitioners’ gross negligence in not providing
adequate safety measures to prevent injury to persons and properties.
At the railroad track, there was no level crossing bar, lighting equipment or bell installed
to warn motorists of the existence of the track and of the approaching train.
Petitioners claimed:
• exercised due diligence in operating the train and monitoring its roadworthiness.

• Estranas was driving the train at a moderate speed.

• 400 meters away from the railroad crossing, he started blowing his horn to warn motorists of
thea p p r o a c h i n g t r a i n . H o w e v e r , w h e n t h e t r a i n w a s a l r e a d y t e n 1 0 m e t e r s a
w a y f r o m t h e intersection, the passenger jeepney being driven by Reynaldo suddenly crossed
the tracks.Estranas immediately stepped on the brakes to avoid hitting the jeepney but due to
the sheer weight of the train, it did not instantly come to a complete stop until the jeepney was dragged 20to 30
meters away from the point of collision.

TC –
ruled in favor of the respondents. PNR, Estranas and Saga was ordered to jointly and severally payapproximately
P2.1MCA-reduced the amount
ISSUE:
WON the proximate cause of the accident was the negligence of the petitioners?

HELD: YES. Petitioners’ failure to install adequate safety devices at the railroad crossing which

proximately caused the collision .

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 petitionersfailed to
install safety railroad bars to prevent motorists from crossing the tracks in order to give way to anapproaching
train. Aside from the absence of a crossing bar, the “Stop, Look and Listen” signage installedin the area was
poorly maintained, hence, inadequate to alert the public of the impending danger. Areliable
signaling device in good condition, not just a dilapidated “Stop, Look and Listen” signage,
isneeded to give notice to the public. It is the responsibility of the railroad company to use reasonable careto keep
the signal devices in working order. Failure to do so would be an indication of negligence.