Africa, et al. vs Caltex (Phil.), Inc., et al. No. L- 12986, March 31, 1966 Ponente: J.

Makalintal Facts: A fire broke out at a Caltex service station while gasoline was being hosedfrom a tank truck into an underground storage. The fire spread and burned severalneighboring houses including personal properties and effects inside them. Petitionerssued Caltex as owner of the station and Mateo Boquiren as its agent in charge of operation. Issue: Whether or not, without proof as to the cause or origin of the fire, the doctrineof res ipsa loquitur should apply so as to presume negligence on the part of theappellees? Held:Under the doctrine of res ipsa loquitur, "where the thing which caused theinjury complained of is shown to be under the management of defendant or hisservants and the accident is such as in the ordinary course of things does not happenif those who have its management or control use proper care, it affords reasonableevidence, in the absence of explanation by defendant, that the accident arose fromwant of care."The principle applies with equal force in the case at bar. The gasoline station,with all its appliances, equipment and employees, was under the control of appellees. A fire occurred therein and spread to and burned the neighboring houses. Thepersons who knew or could have known the cause of the fire were the appellees andtheir employees, but they failed to give any explanation. It is fair and reasonableinference that the incident happened because of want of care.In a report submitted by a police officer in the performance of his duties , itwas stated that the location of the gasoline station was within a very business districtwhere many people mill around throughout the day until late at night, and that theconcrete walls adjoining the neighborhood are only 2.5 meters high at most andcannot prevent the flames from leaping over it in case of fire. The descriptive factscontained in the report only strengthened the presumption of negligence under thedoctrine of res ipsa loquitur, since on their face they called for more stringentmeasures of caution.