lrta vs. navidad.docx

[G.R. No. 145804. February 6, 2003] LIGHT RAIL TRANSIT AUTHORITY & RODOLFO ROMAN, petitioners, vs. MARJORIE NAVIDAD, Heirs of the Late NICANOR NAVIDAD & PRUDENT SECURITY AGENCY, respondents. D E C I S I O N VITUG, J.: The case before the Court is an appeal from the decision and resolution of the Court of Appeals, promulgated on 27 April 2000 and 10 October 2000, respectively, in CA-G.R. CV No. 60720, entitled Marjorie Navidad and Heirs of the Late Nicanor Navidad vs. Rodolfo Roman, et. al., which has modified the decision of 11 August 1998 of the Regional Trial Court, Branch 266, Pasig City, exonerating Prudent Security Agency (Prudent) from liability and finding Light Rail Transit Authority (LRTA) and Rodolfo Roman liable for damages on account of the death of Nicanor Navidad. On 14 October 1993, about half an hour past seven oclock in the evening, Nicanor Navidad, then drunk, entered the EDSA LRT station after purchasing a token (representing payment of the fare). While Navidad was standing on the platform near the LRT tracks, Junelito Escartin, the security guard assigned to the area approached Navidad. A misunderstanding or an altercation between the two apparently ensued that led to a fist fight. No evidence, however, was adduced to indicate how the fight started or who, between the two, delivered the first blow or how Navidad later fell on the LRT tracks. At the exact moment that Navidad fell, an LRT train, operated by petitioner Rodolfo Roman, was coming in. Navidad was struck by the moving train, and he was killed instantaneously. On 08 December 1994, the widow of Nicanor, herein respondent Marjorie Navidad, along with her children, filed a complaint for damages against Junelito Escartin, Rodolfo Roman, the LRTA, the Metro Transit Organization, Inc. (Metro Transit), and Prudent for the death of her husband. LRTA and Roman filed a counterclaim against Navidad and a cross-claim against Escartin and Prudent. Prudent, in its answer, denied liability and averred that it had exercised due diligence in the selection and supervision of its security guards. The LRTA and Roman presented their evidence while Prudent and Escartin, instead of presenting evidence, filed a demurrer contending that Navidad had failed to prove that Escartin was negligent in his assigned task. On 11 August 1998, the trial court rendered its decision; it adjudged:

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[G.R. No. 145804. February 6, 2003]LIGHTRAILTRANSITAUTHRIT!"R#LFR$AN, petitioners, vs. $AR%RI&NA'I#A#, He(r) o* +,e La+e NI-ANR NA'I#A#".RU#&NT S&-URIT!AG&N-!, respondents.# & - I S IN'ITUG, %./The case before the Court is an appeal from the decision and resolution of the Court ofAppeals, promulgated on 27 April 2000 and 10 October 2000, respectively, in CA-!"! C# $o!%0720, entitled &ar'orie $avidad and (eirs of the )ate $icanor $avidad vs! "odolfo "oman,et! al!, *hich has modi+ed the decision of 11 August 1,,- of the "egional Trial Court, .ranch2%%, /asigCity, e0onerating/rudent1ecurityAgency2/rudent3 fromliabilityand+nding)ight "ail Transit Authority 2)"TA3 and "odolfo "oman liable for damages on account of thedeath of $icanor $avidad!On14October1,,5, abouthalf anhourpastsevenocloc6intheevening, $icanor$avidad, then drun6, entered the 781A )"T station after purchasing a to6en 2representingpayment of thefare3! 9hile$avidad*asstandingontheplatformnearthe)"Ttrac6s,:unelito 7scartin, the security guard assigned to the area approached $avidad! Amisunderstanding or an altercation bet*eenthe t*o apparently ensued that led to a +st+ght! $o evidence, ho*ever, *as adduced to indicate ho* the +ght started or *ho, bet*eenthe t*o, delivered the +rst blo* or ho* $avidad later fell on the )"T trac6s! At the e0actmoment that $avidad fell, an )"T train, operated by petitioner "odolfo "oman, *as comingin! $avidad *as struc6 by the moving train, and he *as 6illed instantaneously!On 0- 8ecember 1,,4, the *ido* of $icanor, herein respondent &ar'orie $avidad, along*ith her children, +led a complaint for damages against :unelito 7scartin, "odolfo "oman,the )"TA, the &etro Transit Organi;ation, 9(7"7?O"7, the assailed 'udgment is hereby $#IFI, by e0onerating the appellants from any liability for the death of $icanor $avidad, :r!

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