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This document summarizes two court cases from the Philippines:
1) Junio and Soloria v. The Manila Railroad Company - Two passengers sued a railroad company after a collision with a train in which they were injured. The court ruled that the driver's negligence could not be imputed to the passengers since they had no control over the driver.
2) GA Machineries v. Yaptinchay - A company sold a used diesel engine represented as new. When problems arose, tests showed the engine was used. The court upheld damages for the purchase price but found the claimed lost income damages too speculative since average profits from other trucks were not provided.
This document summarizes two court cases from the Philippines:
1) Junio and Soloria v. The Manila Railroad Company - Two passengers sued a railroad company after a collision with a train in which they were injured. The court ruled that the driver's negligence could not be imputed to the passengers since they had no control over the driver.
2) GA Machineries v. Yaptinchay - A company sold a used diesel engine represented as new. When problems arose, tests showed the engine was used. The court upheld damages for the purchase price but found the claimed lost income damages too speculative since average profits from other trucks were not provided.
This document summarizes two court cases from the Philippines:
1) Junio and Soloria v. The Manila Railroad Company - Two passengers sued a railroad company after a collision with a train in which they were injured. The court ruled that the driver's negligence could not be imputed to the passengers since they had no control over the driver.
2) GA Machineries v. Yaptinchay - A company sold a used diesel engine represented as new. When problems arose, tests showed the engine was used. The court upheld damages for the purchase price but found the claimed lost income damages too speculative since average profits from other trucks were not provided.
DOCTRINE: DAMAGES; PHYSICAL INJURIES CAUSED THROUGH A DRIVER'S NEGLIGENCE. Although the question of whether or not the negligence of a driver who collides with a train is imputable to the appellants herein so as to bar them from the right to recover an indemnity for damages occasioned by the accident, is, perhaps, raised in this jurisdiction for the first time, it is, nevertheless, a well- recognized principle of law that said negligence on the part of the driver who, in turn, is found guilty of contributory negligence, cannot be imputed to his passengers who had exercised no control over him in the management of the vehicle, and with whom he sustains no relation of master and servant. This rule is applied more strictly when, as in the present case, cars for hire or those dedicated to public service are involved.
FACTS: At about 11 o'clock in the evening, the plaintiffs (Junio and Soloria) herein with some other persons were traveling in a PU-Car on the road between Calasiao and Santa Barbara. When they arrived at the intersection of the road and the defendant's railway, the car tried to cross the track and collided with the engine of the night express which left Dagupan for Manila at 11 o'clock that same night and which was then passing over the crossing in question at great speed. As a result of the collision, the car was thrown some distance, plaintiff Junio's right leg was amputated and her right arm fractured, and Soloria received various injuries on her head.
The aforementioned crossing is situated in the town of Calasiao and the same is presumed to be dangerous due to the fact that gates were required at that crossing. On the night of the accident, the gates were not lowered and there was no notice to the effect that they were not operated at night or that they were temporarily out of order. However, a notice that it is a railroad crossing was there.
The evidence also shows that the car driven by the chauffeur, Pedro Talbo, was an old Ford bearing number plates PU- 3636, which meant that it was a hired car while the appellants were passengers who took the car in Bayambang and were bound for Asingan, via Dagupan..
ISSUE: Whether the driver's negligence is imputable to the passengers so as to bar them from the right to recover damages suffered by them by reason of the accident?
HELD: NO. They are mere passengers who have no control over the acts of the driver, thus, no contributory negligence can be imputed unto them.
From the evidence, it is obvious that the defendant as well as the driver of the car in which the plaintiffs were passengers were negligent, the former because, by installing the gates at the place or crossing where the accident occurred, it had voluntarily imposed upon itself the obligation to operate them even at night and to close them every time a train passed in order to avoid causing injury to the public. It has been said that the gates constitute an invitation to the public to pass without fear of danger, and failure to operate them conveniently constitutes negligence on the part of the company.
The driver was, likewise, negligent because he did not comply with his duty to slacken the speed of the car and to "look and listen" before crossing the intersection and, above all, because he did not maintain a reasonable speed so as to permit him to stop any moment if it were necessary in order to avoid an accident. If, in the present case, the car had been running at a reasonable speed, there is no doubt that he could have stopped it \instantly upon seeing the train from a distance of five meters. (See doctrine)
The general rule is that the negligence of the driver of a vehicle is not to be imputed to an occupant thereof who is injured at a crossing through the combined negligence of the driver and the railroad company when such occupant is without fault and has no control over the driver.
There is nothing of record to show that the appellants herein have incurred in any negligence imputable to them and we do not see any reason whatsoever why they should be made responsible for the driver's negligence and it should be held that the appellants herein are entitled to recover from the appellee damages occasioned by the accident of which they were victims.
260. GA MACHINERIES v. YAPTINCHAY DOCTRINE: Damages; Evidence; The amount representing profits which damaged party failed to realize must be proved by the best evidence.- Average actual profits of other trucks of respondent should have been presented rather than a mere estimate on "if-not- were-hired" basis Applying the foregoing test to the instant case, we find the evidence of the respondent insufficient to be considered within the purview of "best evidence." The bare assertion of the respondent that he lost about P54,000.00 and the accompanying documentary evidence presented to prove the amount lost are inadequate if not speculative. The document itself merely shows that everytime a truck travels, Mr. Yaptinchay earns P369.88. This amount is then multiplied by the number of trips which the truck was allegedly unable to make. The estimates were prepared by a certain Dionisio M. Macasieb whose identity was not even revealed by the respondent. Mr. Yaptinchay was in the freight truck business. He had several freight trucks among them the truck with the subject Fordson diesel engine, covering the route from Manila to Baguio. To prove actual damages, it would have been easy to present the average actual profits realized by the other freight trucks plying the Manila-Baguio route. With the presentation of such actual income the court could have arrived with reasonable certainty at the amount of actual damages suffered by the respondent. We rule that the award of actual damages in the amount of P54,000.08 is not warranted by the evidence on record.
FACTS: Appellant G.A. Machineries, Inc. (GAMI), through its agent, sold to Appellee Horacio Yaptinchay, owner of the freight hauling business styled Hi-Way Express a Fordson Diesel Engine at the price of P7,590.00. This was subject to the representation relied upon by appellant that the engine was brand new.
Within the week after its delivery, the engine started to have a series of malfunctions which necessitated successive trips to GAMIs repair shop. However, the malfunctioning persisted. On inspection, Yaptinchays mechanic noticed a worn out screw which made Yaptinchay suspicious about the age of the engine. He then wrote GAMI a letter protesting that the engine was not brand-new as represented. After the repeatedly recurring defects and continued failure of GAMI to put the engine in good operating condition, Yaptinchay sought the assistance of PC Criminal Investigation Service to check on the authenticity of the serial number of the engine. Tests revealed that the original motor number of the engine was tampered. Further inquiries from the Manila Trading Company disclosed that, unlike Yaptinchays engine whose body and injection pump were painted with 2 different colors, brand-new engines are painted with only 1 color all over.
Yaptinchay made demands for indemnification for damages and eventually instituted the present suit. GAMI interposed prescription of the action, denied the imputation of misrepresentation, and disputed the propriety and amount of damages claimed. TC ruled in favor of Yaptinchay, ordering GAMI to pay actual damages of P54,000.48. CA affirmed.
ISSUE: WON the award of damages was justified considering the evidence on record?
HELD: NO. The award of actual damages is not warranted by the evidence on record. The engine delivered was not brand-new. GAMI committed a breach of contract. The misrepresentation of the quality of the engine is tantamount to fraud or bad faith. The return of the purchase price with legal interest from the date of purchase is justified. The fact that the defendant does not dispute the amount of this kind of damages does not necessarily imply that the other party outright is entitled to the award of damages.
Article 2200 of the Civil Code entitles the respondent to recover as compensatory damages not only the value of the loss suffered but also prospective profits. Article 2201 entitles the respondent to recover all damages which may be attributed to the non-performance of the obligation. However, in order to recover this kind of damages, plaintiff must prove his case. The injured party must produce the best evidence of which his case is susceptible and if that evidence warrants the inference that he has been damaged by the loss of profits which he might with reasonable certainty have anticipated but for the defendants wrongful act, he is entitled to recover.
In this case, the award of actual damages of P54,000.88 covers the probable income which respondent failed to realize because of the breach of contract. However, the evidence presented is insufficient to be considered within the purview of best evidence. The document merely shows that every time a truck travels, Yaptinchay earns P369.88. This is multiplied by the number of trips which the truck was unable to make. To prove actual damages, it would have been easy to present the average actual profits realized by the other freight trucks plying the Manila-Baguio route. The award of actual damages is deleted.