For failure to properly park a tractor along the Kabankalan City highway and put up early warning devices that led to the death of a motorcycle-riding man, a Negros Oriental government employee was ordered yesterday to pay P1.37 million to the wife of the fatality.

Kabankalan Regional Trial Court Judge Henry Arles found Eduardo Ausejo "accountable in his personal capacity for his negligent act that resulted to the death of Roberto Figueroa," an agricultural technician of Kabankalan City.

Defendants Oriental Negros government and Gov. George Arnaiz could not be held liable for the negligent act of the tractor driver, the judge said.

In finding Ausejo liable, Arles ordered him to pay Lanie Figueroa, the wife of the victim, P70,630 in damages, P200,000 in moral damages, P50,000 in exemplary damages, P948,792 for loss of income, P75,000 for Robert Figueroa's death and P30,000 in attorney's fees.

Mrs. Figueroa told the court that on June 11,2003 at about 10:30 p.m. her husband, Robert, was driving a Yamaha motorcycle owned by Kabankalan City, along the national road in Barangay 9 when he hit the rear of the improperly-parked Izuzu Tractor Head with trailer owned by the province of Oriental Negros and driven by Ausejo, causing his death.

The tractor was parked by Ausejo, and employee of the Provincial Engineer's Office of Oriental Negros, in the middle of the right lane of the road, she said.

Mrs. Figueroa said Ausejo should have parked the tractor properly so as not to endanger other motorists and put on lights to make the stalled vehicle visible as required under Land Transportation and Traffic Code.

The judge said as admitted by the defendants, there was no early warning device installed in the rear of the vehicle to have warned the victim when the incident occurred.

By failing to comply with the required standard, Ausejo is guilty of gross negligence, the judge said.*CPG

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