Juanito Retiro, this city, has won an award of FIVE HUNDRED THREE THOUSAND FOUR HUNDRED FOURTEEN THOUSAND PESOS & EIGHTY FIVE CENTAVOS (P503,414.85), representing “P293,414.85 as medical/hospital expenses, P50,000.00 for actual expenses for medical needs after release from hospital, P100,000.00 as exemplary or corrective damages, & P60,000.00 as attorney’s fees,” in a decision, affirming the RTC, Branch 27 of Gingoog City’s judgment, rendered by the Court of Appeals, 21st Division, on January 29, 2009 in CA-G.R. CV No. 80275, Juanito Retiro, Plaintiff-Appellee, vs. Lilian Express, Inc., Defendant-Appellant, For: Breach of Contract, etc.

Court records show that Juanito Retiro took a ride on a bus owned by defendant bus company - Lilian Express, Inc., from Cagayan de Oro City to Gingoog City and paid the required fare.  Plaintiff however failed to reach his destination as the bus he was riding on figured in an accident upon reaching Barangay Mandahilag, Talisayan, Misamis Oriental where it collided with another vehicle loaded with logs, owned by Eduardo Polo.  The impact was such that plaintiff lost consciousness and regained it only after several months in a hospital at Cagayan de Oro City.  He suffered severe injuries on his head, face and eyes which he was deprived of his means of livelihood to support his family, not to mention the huge amount he has spent in his hospitalization and recovery, some of which remained unpaid till the present.  He made representation with the company to, at least, unburden him with parts of his losses and the financial obligation he has to face by reason of the accident, but to no avail.  The defendant bus company was simply adamant on its stand that it is not liable to the plaintiff as the accident was caused by casu fortuito which naturally exempted it from liabilities of any sort.  He was then forced to resort to the Court of law to satisfy his quest for justice.

 “On October 9, 2002, the RTC rendered the assailed Decision which sustained the plaintiff, Juanito Retiro and ordered the defendant Lilian Express, Inc. to pay Retiro P293,414.85 as medical/hospital expenses; P50,000.00 for actual medical expenses after release from hospital; P100,000.00 as exemplary or corrective damages; P60,000.00 as reimbursement for attorney’s fees; and P50,000.00 as moral damages.

 On appeal to the Court of Appeals, the latter affirmed the RTC Decision with modification by deleting moral damages.  Thus, the dispositive part of the CA Decision: “WHEREFORE, the Decision dated October 9, 2002 of the Regional Trial Court, Teth (10th) Judicial Region, Branch No. 27 of Gingoog City in Civil Case No. 98-530 fro Breach of Contract and Damages Coupled with Attachment is AFFIRMED with MODIFICATION that the award of moral damages is DELETED.”

The plaintiff Juanito Retiro was represented by his counsel Atty. Miguel Padilla Paderanga of the M PADILLA PADERANGA, PADERANGA & DENSING of Gingoog City, while the defendant Lilian Express, Inc. was jointly represented by Attorneys Pepito Presquito of Cagayan de Oro City & Benedicto O. Cainta of Dipolog City .