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Phil. National Railways vs. Court of Appeals, et al.

PHILIPPINE NATIONAL RAILWAYS, petitioner, vs. THE HONORABLE COURT OF APPEALS and ROSARIO TUPANG, respondents.

G.R. No. L-55347 | 1985-10-04

D E C I S I O N


ESCOLIN, J.:

Invoking the principle of state immunity from suit, the Philippine National Railways, PNR for short, instituted this petition for review on certiorari to set aside the decision of the respondent Appellate Court which held petitioner PNR liable for damages for the death of Winifredo Tupang, a paying passenger who fell off a train operated by the petitioner.

The pertinent facts are summarized by the respondent court as follows:

". . . The facts show that on September 10, 1972, at about 9:00 o'clock in the evening, Winifredo Tupang, husband of plaintiff Rosario Tupang, boarded Train No. 516 of appellant at...