Professional Documents
Culture Documents
*
G.R. No. 98414. February 8, 1993.
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* FIRST DIVISION.
526
GRIÑO-AQUINO, J.:
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"On June 10,1984, at about 3:00 p.m., after sending off certain
seamen at the departure area of then known as Manila
International Airport (MIA), Plaintiff Jose V. del Rosario
proceeded to the loading and unloading zone for public utility bus
stop, which was located in front of the MIA, to wait for a
passenger bus bound for Quezon City. While at the bus stop, the
plaintiff saw a DMTC bus bearing body No. 236 and plate No.
NVU-798 and which, per its signboard, was plying the Pasay to
Quezon City (passing España) route. As it approached the bus
stop, the bus slowed down with all its doors wide open: while
moving at a crawling pace, i.e., as slow as an 'ordinary walk,' it
was taking several passengers, about five or seven of them
including the plaintiff, all of whom managed to board the bus
while it was already at the bus stop; plaintiff was the last one to
board the bus.
"While the plaintiff was still on the bus' running board with his
hand on the bus door's handle bar, the slowly moving bus sped
forward at a high speed, as a result of which, the plaintiff lost his
balance and fell from the bus. As plaintiff clung instinctively to
the handle bar, he was dragged by the bus along the asphalted
road for about two (2) seconds. Plaintiff screamed of pain and
anguished even as the other passengers shouted at the bus driver,
Gil Agpalo, an employee of defendant and third-party plaintiff
DMTC, abruptly stopped the bus. Then, Gil forthwith fled from
the scene, leaving the bus and the injured plaintiff behind.
"Thereafter, the plaintiff was brought to the Manila
Sanitarium and Hospital where he was given immediate medical
treatment at the emergency ward. The doctors performed a major
surgical operation on plaintiff s right leg. This leg was extensively
lacerated: its skin and tissues were exposed and detached from
the muscles Treatment was done under special anesthesia and
consisted of debridement or cleaning repair and suturing of the
injured tissue. While at the hospital, plaintiff was febrile or
feverish for about forty (40) days. On July 12,1984, a second major
surgical operation, i e a skin grafting operation, was performed on
plaintiff s right leg.
527
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528
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