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ONG vs. CA
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Catacutan-Estabillo on Oct 17, 2014

Torts & Damages Full description


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ONG vs. CA
Sheet Music G.R. No. 117103
January 21, 1999

PETITIONERS: spouses Renato and Francia Ong


RESPONDENTS: Inland Railways, Inc. and Philtranco Service Enterprise Inc.
and PHILTRANCO SERVICE ENTERPRISE, INC.,

DOCTRINES:
1. damages must be proven and not presumed.
2. Identification of evidence is different from offer of evidence.
Identification: marking of the evidence as an exhibit
!

Offer: done when the party rests its case; evidence not offered cannot
!

be considered by the court.

FACTS:
BUS #1: owned by Inland, leased to Philtranco, driven by Coronel, and boarded
by the Ong spouses.

BUS #2: owned by Philtranco and driven by Miralles

BUS #1 boarded by the Ong spouses slowed down to avoid a stalled cargo truck
in Q.C. when it was bumped from the rear by BUS #2. Francia sustained
wounds and fractures in both of her legs and her right arm, while Renato
suffered injuries on his left chest, right knee, right arm and left eye.

This document is...


Petitioners filed an action for damages against Philtranco and Inland. In their
Complaint, they alleged that they suffered injuries, preventing Francia from
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Las Piña's, Metro Useful
operating a sari-sari store Not
Manila, where she useful
derived
Scribd daily income of P200; and Renato from continuing his work as an overseas
a

½
contract
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worker (pipe welder) with a monthly salary of $690. Stating that they
GET —incurred
On the App Store as medical and miscellaneous expenses, they also claimed
P10,000
moral damages of P500,000 each, exemplary and corrective damages of
P500,000 each, and compensatory damages of P500,000 each plus 35 percent
thereof as attorney's fees.

Philtranco filed a cross claim against Inland alleging that it was merely Inland’s

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