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PNR v. CA (1985)
FACTS: Winifredo Tupang was a PNR passenger
seated on the open platform between the coaches of
the train. Due to mechanical defect, the train stopped
and took 2 hours to be repaired. Unfortunately, upon
passing Iyam bridge, Tupang fell off the train
resulting in his death.
ISSUE: Whether the spouse of Tupang is entitled to
the award of exemplary damages.
RULING: No. While PNR failed to exercise the
diligence required by law, Winifiredo was chargeable
with contributory negligence as he opted to sit on the
open platform between the coaches. He should have
held tightly and tenaciously on the upright metal bar.
Hence, justifies the deletion of the amounts
adjudicated as moral damages.