PNR vs. Brunty02 November 2006

Facts:Rhonda Brunty, who came to the Philippines for a visit is the daughter of

complainant Ethel Brunty and an American citizen, died due to an accident when the car she was in collided with a Philippine National Railways (PNR) train. Previously, Rhonda, along with her Filipino host Juan Manuel M. Garcia and their driver, was on their way to Baguio on a Mercedes Benz sedan. Around 2:00 am, approaching a railroad crossing, the driver speeding at 70km/hr overtook a vehicle. Unaware, they collided with the train. Rhonda and the driver died, with Juan suffering severe injuries.

Brunty’s heirs filed a Complaint for damages claiming that PNR was negligent for not having placed no flag bar, red light signal, and other mechanisms in the railroad classing where the accident happen. PNR claimed that the law did not require it to put such alarms.

Issue:WON PNR is liable.

Held:PNR was liable. PNR’s business is impressed with public interest; hence, it is

expected from them to exercise utmost diligence in the performance of their work. Thus, even if the law did not require it to put such alarms, it was still required to do so as a matter of public duty or public safety.

In determining whether or not there is negligence on the part of the parties in a given situation, jurisprudence has laid down the following test: Did defendant, in doing the alleged negligent act, use that reasonable care and caution which an ordinarily prudent person would have used in the same situation? If not, the person is guilty of negligence.

Petitioner was found negligent because of its failure to provide the necessary safety device to ensure the safety of motorists in crossing the railroad track. As such, it is liable for damages for violating the provisions of Article 2176 of the New Civil Code

“It 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 in the operation of trains and in 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 a 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.

“This Court has previously determined the liability of the PNR for damages for its failure to put a cross bar, or signal light, flagman or switchman, or semaphores. Such failure 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.”