G.R. NO. 159270 - PHILIPPINE NATIONAL CONSTRUCTION CORPORATION, VS. HON. COURT OF APPEALS, RODRIGO ARNAIZ, REGINA LATAGAN, RICARDO GENERALAO AND PAMPANGA SUGAR DEVELOPMENT COMPANY, INC., CORPORATION.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, it is respectfully prayed that, after due hearing, judgment be rendered for the plaintiffs, ordering the defendants jointly and severally: (a) To pay unto plaintiff Rodrigo Arnaiz the sum of P100,000.00 representing the value of his car which was totally wrecked; (b) to pay unto plaintiff Regina Latagan the sum of P100,000.00 by way of reimbursement for medical expenses, the sum of P50,000.00 by way of moral damages, and the sum of P30,000.00 by way of exemplary damages; (c) To pay unto plaintiffs Rodrigo Arnaiz and Ricardo Generalao the sum of P5,000.00 by way of reimbursement for medical expenses; and (d) To pay unto the plaintiffs the sum of P30,000.00 by way of attorney's fees; plus the costs of suit. Plaintiffs pray for other reliefs which the Honorable Court may find due them in the premises. [16] In its Answer, [17] PNCC admitted that it was under contract to manage the North Luzon Expressway, to keep it safe for motorists. It averred that the mishap was due to the "unreasonable speed" at which Arnaiz's car was running, causing it to turn turtle when it passed over some pieces of flattened sugarcane. It claimed that the proximate cause of the mishap was PASUDECO's gross negligence in spilling the sugarcane, and its failure to clear and mop up the area completely. It also alleged that Arnaiz was guilty of contributory negligence in driving his car at such speed. The PNCC interposed a compulsory counterclaim [18] against the plaintiffs and cross-claim [19] against its co-defendant PASUDECO. PASUDECO adduced evidence that aside from it, there were other sugarcane mills in the area, like the ARCAM Sugar Central (formerly known as Pampanga Sugar Mills) and the Central Azucarrera de Tarlac; [20] it was only through the expressway that a vehicle could access these three (3) sugar centrals; [21] and PASUDECO was obligated to clear spillages whether the planters' truck which caused the spillage was bound for PASUDECO, ARCAM or Central Azucarera. [22] On rebuttal, PNCC adduced evidence that only planters' trucks with "PSD" markings were allowed to use the tollway; [23] that all such trucks would surely enter the PASUDECO compound. Thus, the truck which spilled sugarcane in January 1993 in Km. 72 was on its way to the PASUDECO compound. [24] On November 11, 1994, the RTC rendered its decision [25] in favor of Latagan, dismissing that of Arnaiz and Generalao for insufficiency of evidence. The case as against the PNCC was, likewise, dismissed. The decretal portion of the decision reads: WHEREFORE, PREMISES CONSIDERED, judgment is hereby rendered: ORDERING defendant PASUDECO: 1. To pay plaintiff Regina Latagan: a. P25,000= for actual damages b. P15,000= for moral damages c. P10,000 = for attorney's fees P50,000 2. To pay costs of suit. The case is DISMISSED as to defendant PNCC. No pronouncement as to costs. Its counterclaim is, likewise, DISMISSED. The claims for damages of plaintiffs Rodrigo Arnaiz and Ricardo Generalao are hereby DISMISSED