Mercado v. Lira

PAREDES, J.:

Gonzalo Mercado and others were the owners and operators of the Laguna Transportation Company. In the afternoon of April 21, 1951, while its passenger bus No. 39 was making the trip from Batangas to Manila on the concrete highway at barrio Tulo, Calamba, Laguna, the left front tire of the bus blew out and sent it swerving gradually toward the left side of the road, over the shoulder and into a ravine some 270 meters away. From the wreckage, the bodies of the passengers, several dead, others injured, were recovered, and among the fatalities was Ramon Lira, Jr. (24), son of Mr. and Mrs. Ramon Lira, Sr. and injured Nita Lira.

Two cases for recovery of damages were commenced against the owners and operators in the Court of First Instance of Batangas: No. 104 (now G.R. Nos. L-13326-29, in this Court) by the parents of deceased Ramon Lira, Jr. and No. 107 (now G.R. No. L-13358, in this Court) by Nita Lira. After a joint-trial, defendants, Mercado and others were sentenced to pay the following sums: In Civil Case No. 104: For the death of Ramon Lira, Jr. including funeral and church expenses P10,000.00 For loss of earning capacity of Ramon Lira, Jr. for ten (10) years at P1,800.00 per annum 18,000.00 Moral damages for mental anguish 4,000.00 For expenses of litigation and attorney's fees 4,000.00 T O T A L