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Eladla de Lima vs. Laguna Tayabas Co

An accident between a bus and delivery truck in 1958 resulted in the death of one passenger and injuries to two others. The injured passengers and heir of the deceased filed suits against the bus company. Over 30 years later in 1988, the court heard the case and granted the petitions. The court ruled that legal interest should be granted from the date of the accident, not the date of decision, due to the long delay. It also increased the compensation for the heir from P3,000 to P30,000 to account for the losses over 30 years. The decision was made immediately executory to address the plaintiffs' urgent financial needs.

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493 views1 page

Eladla de Lima vs. Laguna Tayabas Co

An accident between a bus and delivery truck in 1958 resulted in the death of one passenger and injuries to two others. The injured passengers and heir of the deceased filed suits against the bus company. Over 30 years later in 1988, the court heard the case and granted the petitions. The court ruled that legal interest should be granted from the date of the accident, not the date of decision, due to the long delay. It also increased the compensation for the heir from P3,000 to P30,000 to account for the losses over 30 years. The decision was made immediately executory to address the plaintiffs' urgent financial needs.

Uploaded by

mwaike
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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ELADlA DE LIMA vs. LAGUNA TAYABAS CO.

G.R. No. L-35697-99 April 15, 1988


FACTS:
On June 3, 1958, an accident between a Laguna Tayabas Co. (LTB) bus and
Seven-up Bottlers Co. delivery truck resulted to the death of an LTB passenger
named Petra dela Cruz. Two other LTB passengers namely Eladia de Lima and
Nemesio Flores also incurred physical injuries. De Lima, Flores and the heir of
dela Cruz filed suits to the bus company.
In December 29, 1971, the petitioners requested to expedite the decision of
the case with the hope that the legal interest is to be given immediately from
the date of the decision. By January 31, 1972, the decision was given. Again,
the petitioners reiterated their request for the modification of the decision in
such a way that the effectivity is to be rolled back to December 27, 1963.
Furthermore, the heir of dela Cruz filed a reconsideration for the increase of
indemnity from P3,000 to P12,000. With this pending motion for
reconsideration, LTB filed an appeal for the case. The appellate court turned
down the motion for reconsideration of the plaintiffs indicating that an appeal
should have been filed for the awarding of the legal interest. The petition was
reviewed in 1988, thirty years after the actual incident.
ISSUES:
a. Whether the effectivity of the decision is to be rolled back as requested by
the plaintiffs.
b. Whether the lower court was erroneous in the delay of the decision for the
increase in the claim of the heir of Petra dela Cruz.
HELD:
The court granted the petition noting that the plaintiffs were unable to make
an appeal in the lower court due to the fact that the petitioners are seeking
judicial remedy as impoverished individuals. They were hopeful that the
adjudged amount will be provided to them by the transportation company.
With the case pending for thirty years, the court aptly found this as a
sufficient justification to grant the legal interest as well as the increase in
indemnity.
It was found that the rolling back of the effectivity date was necessary to
compensate for the monetary loss the plaintiffs incurred from the accident,
death and court proceedings. Moreover, the claim for Petra dela Cruz was
increased from P3,000.00 to P30,000.00. The decision was immediately
executory in response to the identified urgent need of the plaintiffs.

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