Lima v. Co

GANCAYCO, J.:

Before Us is a petition for review on certiorari of the decision De Lima vs. Laguna Tayabas Co. of the Court of Appeals1 affirming the decision of the court a quo with modification to include an award of legal interest on the amounts adjudged in favor of the petitioners from the date of the decision of the Court of Appeals to the time of actual payment. This present action arose from a collision between a passenger bus of the Laguna Tayabas Bus Co. (LTB) and a delivery truck of the Seven-up Bottling Co. of the Philippines which took place on June 3, 1958 resulting in the death of Petra de la Cruz and serious physical injuries of Eladia de Lima and Nemesio Flores, all passengers of the LTB bus. Three civil suits were filed against herein respondents which were consolidated for trial before the Court of First Instance of Laguna (San Pablo City).

On December 27, 1963, the court a quo rendered its decision, the dispositive part of which reads as follows: "

WHEREFORE, in view of all the foregoing considerations, judgment is hereby rendered against the defendants LTB Co. Inc. and Claro Samonte, who are hereby ordered to pay jointly and severally, the resolve plaintiffs. In Civil Case No. SP-239; Plaintiff Eladia de Lima: 1. For loss of money and medical expenses. P960.00 2. For loss of earnings from June 3, 1958 to November 3, 1958 924.00 3. For expenses of litigation and attorney's fees 1,000.00