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Upon complaint filed by the deceased’s While PNR failed to exercise extraordinary
widow, Rosario Tupang, the then CFI Rizal, diligence as required by law, it appears that
after trial, held the PNR liable for damages the deceased was chargeable with
for breach of contract of carriage and contributory negligence. Since he opted to
ordered it to pay Rosario Tupang the sum of sit on the open platform between the
P12,000.00 for the death of Winifredo coaches of the train, he should have held
Tupang, plus P20,000.00 for loss of his tightly and tenaciously on the upright metal
earning capacity, and the further sum of bar found at the side of said platform to
P10,000.00 as moral damages, and avoid falling off from the speeding train.
P2,000.00 as attorney’s fees, and cost. Such contributory negligence, while not
On appeal, the Appellate Court sustained the exempting the PNR from liability,
holding of the trial court that the PNR did not nevertheless justified the deletion of the
exercise the utmost diligence required by amount adjudicated as moral damages.
law of a common carrier. It further increased The Supreme Court modified the decision of
the amount adjudicated by the trial court by the appellate court by eliminating therefrom
ordering PNR to pay the Rosario Tupang an the amounts of P10,000.00 and P5,000.00
additional sum of P5,000,00 as exemplary
adjudicated as moral and exemplary
damages, respectively; without costs.