Hannah Cris A.

EchavezGorgeous HannahCommercial Transpo/Civil Torts

Sps. Teodoro & Nanette Perena v Sps Nicolas & Teresita Zarate, PNR & CA G.R. 1 !"1! #"A$%#&1# 'acts( The Pereas were engaged in the business of transporting students from their respective residences in Paraaque City to Don Bosco in Pasong Tamo, Makati City, and back They emp!oyed C!emente "!faro as driver of the van #n $une %&&', the (arates contracted the Pereas to transport their son "aron to and from Don Bosco )n "ugust **, %&&', as on previous schoo! days, the van picked "aron up around '+,, a m from the (arates- residence "aron took his p!ace on the !eft side of the van near the rear door The van, with its air.conditioning unit turned on and the stereo p!aying !oud!y, u!timate!y carried a!! the %/ student riders on their way to Don Bosco They were a!ready running !ate because of the heavy vehicu!ar traffic on the 0outh 0uperhighway, "!faro took the van to an a!ternate route at about '+/1 a m by traversing the narrow path underneath the Maga!!anes #nterchange that was then common!y used by Makati.bound vehic!es as a short cut into Makati "t the time, the narrow path was marked by pi!es of construction materia!s and parked passenger 2eepneys, and the rai!road crossing in the narrow path had no rai!road warning signs, or watchmen, or other responsib!e persons manning the crossing #n fact, the bamboo barandi!!a was up, !eaving the rai!road crossing open to traversing motorists "t about the time the van was to traverse the rai!road crossing, P34 Commuter 3o 5,* 6train7, operated by $honny "!ano 6"!ano7, was in the vicinity of the Maga!!anes #nterchange trave!!ing northbound "s the train neared the rai!road crossing, "!faro drove the van eastward across the rai!road tracks, c!ose!y tai!ing a !arge passenger bus 8is view of the oncoming train was b!ocked because he overtook the passenger bus on its !eft side The train b!ew its horn to warn motorists of its approach 9hen the train was about 1, meters away from the passenger bus and the van, "!ano app!ied the ordinary brakes of the train 8e app!ied the emergency brakes on!y when he saw that a co!!ision was imminent The passenger bus successfu!!y crossed the rai!road tracks, but the van driven by "!faro did not The train hit the rear end of the van, and the impact threw nine of the %* students in the rear, inc!uding "aron, out of the van "aron !anded in the path of the train, which dragged his body and severed his head, instantaneous!y ki!!ing him "!ano f!ed the scene on board the train, and did not wait for the po!ice investigator to arrive )ss$e( Held( Ratio(