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BJDC Construction vs. Lanuzo

BJDC CONSTRUCTION, REPRESENTED BY ITS MANAGER/PROPRIETOR JANET S. DELA CRUZ, PETITIONER, VS. NENA E. LANUZO, CLAUDETTE E. LANUZO, JANET E. LANUZO, JOAN BERNABE E. LANUZO, AND RYAN JOSE E. LANUZO, RESPONDENTS.

G.R. No. 161151 | 2014-03-24

Republic of the Philippines
Supreme Court
Manila
 
FIRST DIVISION
 
D E C I S I O N
 
BERSAMIN, J.:
 
The party alleging the negligence of the other as the cause of injury has the burden to establish the allegation with competent evidence. If the action based on negligence is civil in nature, the proof required is preponderance of evidence.

This case involves a claim for damages arising from the death of a motorcycle rider in a nighttime accident due to the supposed negligence of a construction company then undertaking re-blocking work on a national highway. The plaintiffs insisted that the accident happened because the...