Back

Francisco Malong, et al. Vs. Phil. National Railways, et al., 138 scra 63

FRANCISCO MALONG and ROSALINA AQUINO-MALONG, petitioners, vs. PHILIPPINE NATIONAL RAILWAYS and COURT OF FIRST INSTANCE OF PANGASINAN, Lingayen Branch II, respondents.

G.R. No. L-49930 | 1985-08-07

D E C I S I O N


AQUINO, J.:

This case is about the immunity from suit of the Philippine National Railways. The Malong spouses alleged in their complaint that on October 30, 1977 their son, Jaime Aquino, a paying passenger, was killed when he fell from a PNR train while it was between Tarlac and Capas.

The tragedy occurred because Jaime had to sit near the door of a coach. The train was overloaded with passengers and baggage in view of the proximity of all Saints Day. The Malong spouses prayed that the PNR be ordered to pay them damages totalling P136,370.

Upon the Solicitor General's motion, the trial court dismissed the complaint. It ruled...