BRINAS VS PEOPLE It is undisputed that the victims were on board the second coach where the petitioner-appellant was

assigned as conductor and that when the train slackened its speed and the conductor shouted "Lusacan,
Facts:
Lusacan", they... stood up and proceeded to the nearest exit. It is also undisputed that the train
"The evidence of the prosecution tends to show that in the afternoon of January 6, 1957, Juanita unexpectedly resumed its regular speed and as a result "the old woman and the child stumbled and they
Gesmundo bought a train ticket at the railroad station in Tagkawayan, Quezon for his 55-year old mother were seen no more."
Martina Bool and his 3-year old daughter
It is a matter of common knowledge and experience about common carriers like trains and buses that
Emelita Gesmundo, who were bound for Barrio Lusacan, Tiaong, same province. At about 2:00 p.m., before reaching a station or flagstop they slow down and the conductor announces the name of the
Train No. 522 left Tagkawayan with the old woman and her granddaughter among the passengers. At place. It is also a matter of common experience that as the train or bus... slackens its speed, some
Hondagua the train's complement were relieved, with Victor Millan... taking over as engineman, passengers usually stand and proceed to the nearest exit, ready to disembark as the train or bus comes
Clemente Brinas as conductor, and Hermogenes Buencamino as assistant conductor. Upon approaching to a full stop. This is especially true of a train because passengers feel that if the train resumes its run
Barrio Lagalag in Tiaong at about 8:00 p.m. of that same night, the train slowed down and the conductor before they are able to disembark,... there is no way to stop it as a bus may be stopped.
shouted 'Lusacan', Lusacan'. Thereupon, the... old woman walked towards the left front door facing the
It was negligence on the conductor's part to announce the next flag stop when said stop was still a full
direction of Tiaong, carrying the child with one hand and holding her baggage with the other. When
three minutes ahead. As the respondent Court of Appeals correctly observed, "the appellant's
Martina and Emelita were near the door, the train suddenly picked up speed. As a result the old woman
announcement was premature and erroneous."
and the child... stumbled and they were seen no more. It took three minutes more before the train
stopped at the next barrio, Lusacan, and the victims were not among the passengers who disembarked That the announcement was premature and erroneous is shown by the fact that immediately after the
thereat. train slowed down, it unexpectedly accelerated to full speed. Petitioner-appellant failed to show any
reason why the train suddenly resumed its regular speed. The... announcement was made while the train
"Next morning, the Tiaong police received a report that two corpses were found along the railroad tracks
was still at Barrio Lagalag.
at Barrio Lagalag. Repairing to the scene to investigate, they found the lifeless body of a female child,
about 2 feet from the railroad tracks, sprawled to the... ground with her belly down, the hand resting on The proximate cause of the death of the victims was the premature and erroneous announcement of
the forehead, and with the back portion of the head crushed. The investigators also found the corpse of petitioner-appellant Briñas. This announcement prompted the two victims to stand and proceed to the
an old woman about 2 feet away from the railroad tracks with the head and both legs severed and the nearest exit. Without said announcement, the victims would have been safely... seated in their respective
left hand missing. seats when the train jerked as it picked up speed. The connection between the premature and erroneous
announcement of petitioner-appellant and the deaths of the victims is direct and natural, unbroken by
The head was located farther west between the rails. An arm was found midway from the body of the
any intervening efficient causes.
child to the body of the old woman. Blood, pieces of scattered brain and pieces of clothes were at the
scene. Later, the bodies were identified as those of Martina Bool and Emelita Petitioner-appellant also argues that it was negligence per se for Martina Bool to go to the door of the
coach while the train was still in motion and that it was this negligence that was the proximate cause of
Gesmundo. Among the personal effects found on Martina was a train ticket
their deaths.
The Court of First Instance of Quezon convicted defendant-appellant Clemente Briñas for double homi-
We have carefully examined the records and we agree with the respondent court that the negligence of
cide thru reckless imprudence but acquitted Hermogenes Buencamino and Victor Millan.
petitioner-appellant in prematurely and erroneously announcing the next flag stop was the proximate
On appeal, the respondent Court of Appeals affirmed the judgment of the lower court. cause of the deaths of Martina Bool and Emelita Gesmundo. Any negligence... of the victims was at most
contributory and does not exculpate the accused from criminal liability.
During the pendency of the criminal prosecution in the Court of First Instance of Quezon, the heirs of the
deceased victims filed with the same court a separate civil action for damages against the Manila With respect to the second assignment of error, the petitioner argues that after the heirs of Martina Bool
and Emelita Gesmundo had actually commenced the separate civil action for damages in the same trial
Railroad Company
court during the pendency of the criminal action, the... said court had no more power to include any civil
Issues: liability in its judgment of conviction.
THE HONORABLE COURT OF APPEALS ERRED IN CONVICTING PETITIONER-APPELLANT The source of the obligation sought to be enforced in Civil Case No. 5978 is culpa contractual, not an act
UNDER THE FACTS AS FOUND BY SAID COURT; and or omission punishable by law. We also note from the appellant's arguments and from the title of the civil
case that the party defendant is the Manila Railroad Company... and not petitioner-appellant Briñas.
II
Culpa contractual and an act or omission punishable by law are two distinct sources of obligation.
THE HONORABLE COURT OF APPEALS ERRED IN INCLUDING THE PAYMENT OF DEATH
The petitioner-appellant argues that since the information did not allege the existence of any kind of
INDEMNITY BY THE PETITIONER?APPELLANT, WITH SUBSIDIARY IMPRISONMENT IN CASE OF
damages whatsoever coupled by the fact that no private prosecutors appeared and the prosecution
INSOLVENCY, AFTER THE HEIRS OF THE DECEASED HAVE ALREADY COMMENCED A
witnesses were not interrogated on the issue of damages, the trial court... erred in awarding death
SEPARATE CIVIL ACTION FOR DAMAGES AGAINST
indemnity in its judgment of conviction.
THE RAILROAD COMPANY ARISING FROM THE SAME MISHAP.
It is well-settled that when death occurs as a result of the commission of a crime, the following items of
Ruling: damages may be recovered: (1) an indemnity for the death of the victim; (2) an indemnity for loss of
earning capacity of the deceased; (3)... moral damages; (4) exemplary damages; (5) attorney's fees and
expenses of litigation, and (6) interest in proper cases.