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torts & damages A2010 -1- prof.

casis
also rejected the idea that the CFTI was forced to close 1. NO, the NLRC did not act in excess of jurisdiction or
it business due to great financial losses and lose with abuse of discretion.
INTRODUCTION opportunity since at the time of its closure it was
profitably earning. The labor arbiter however did not
Ratio Findings of fact of administrative bodies and
quasi-judicial bodies are afforded great respect by the
award separation pay because to “impose a monetary Court and are binding except when there is a showing
obligation to an employer whose profitable business of grave abuse of discretion or the decision was arrived
NAGUIAT V NLRC (National was abruptly shot (sic) shot down by force majeur at arbitrarily.
Organization of Workingmen and would be unfair and unjust.” Reasoning
Galang) - The NLRC modified the decision of the labor arbiter - Respondents showed that their monthly take home
after respondents appealed by granting separation pay pay amounted to no less than $240 and this was not
269 SCRA 565
to the private respondents. It said that half of the disputed by petitioners.
PANGANIBAN; March 13, 1997 monthly salary should be US$120 which should be paid - There is no record or evidence which shows that the
in Philippine pesos. Naguiat Enterprieses should be closure of the taxi business was brought about by great
NATURE joined with Sergio and Antolin Naguiat as jointly and financial losses no thanks to the Pinatubo eruption. It
Special civil action in the Supreme Court, certiorari severally liable. was rather brought about by the closure of the military
bases.
FACTS - Art. 283 of the CC provides that separation pay shall
- Clark Field Taxi, Inc. held a concessionaire’s contract Petitioners’ Claim: be equivalent to 1 month pay or at least ½ month pay
with the Army Air Force Exchange Services for the - Petitioners claim that the cessation of the business for every year of service, whichever is higher. The
operation of taxi services within Clark Air Base. Sergio was due to the great financial losses and lost business NLRC ruling was correct in terms of US$120 as the
Naguiat was the president of CFTI while Antolin Naguiat opportunity when Clark Air Base was phased out due to computed separation pay.
was its vice president. Like Naguiat Enterprises, Inc. the expiration of the RP-US Military Bases Agreement 2. Petitioners can no longer question the authority of
which was a trading firm, it was also a family-owned and the eruption of Mt. Pinatubo. NOWM and are held in estoppel.
corporation. - They admitted that CFTI had agreed with the drivers Reasoning
- Respondents were employed by the CFTI as taxicab union to grant the taxi drivers separation pay - NOWM was already representing the respondents
drivers. equivalent to P500 for every year of service. before the labor arbiter and the petitioners did not
> They were required to pay a daily boundary fee of - They allege that Sergio and Antolin Naguiat were assail their juridical personality then.
US$26.50 (for those on duty from 1AM-12N) or US$27 denied due process beause the petitioners were not - Petitioners also acknowledged before the Court that
(for those on duty from 12N to 12 MN) furnished copies of the appeal to the NLRC. the taxi drivers are themselves parties in the case.
> Incidental expenses were maintained by the - They also allege that NOWM cannot make legal 3. Naguiat Enterprises is not liable, Antolin Naguiat is
drivers (including gasoline expenses). representation in behalf of the respondents because not personally liable whereas Sergio Naguiat is
> Drivers worked 3-4 times a week depending on the the latter should be bound by the decision of the solidarily liable.
availability of vehicles and earned no less than drivers union.
US$15.00 a day. In excess of that amount, they had Respondents’ Comments: - Re: Naguiat Enterprises’ liability
to make cash deposits to the company which they - The drivers alleged that they were employees of Reasoning
could withdraw every fifteen days. Naguiat Enterprises although their individual - The respondents were regular employees of CFTI who
- AAFES was dissolved because of the phase-out of the applications were approved by CFTI. They claimed to received wages on a boundary basis. They offered no
military bases in Clark and the services of the have been assigned to Naguiat Enterprises after having evidence that Naguiat Enterprises managed,
respondents were officially terminated on November been hired by CFTO and that Naguia Enterprises supervised and controlled their employment. They
26, 1991. managed, controlled and supervised their employment. instead submitted documents which had to do with
- AAFES Taxi Drivers Association, the drivers union, and - They averred that they should be entitled to CFTI, not Naguiat Enterprises.
CFTI held negotiations as regards separation benefits. separation pay based on their latest daily earnings or - Labor-only contractors are those where 1) the person
They arrived at an agreement that the separated US$15 for working 16 days a month. supplying workers to the employer does no have
drivers would be given P500 for ever year as severance substantial capital or investment in the form of tools or
pay. Most of the drivers accepted this but some ISSUES machinery and 2) the workers recruited and placed by
refused to do so. 1. WON the NLRC acted in excess of jurisdiction or with such person are performing activities which are directly
- Those who did not accept the initial severance pay grave abuse of discretion in granting separation pay related to the principal business of the employer.
disaffiliated themselves with drivers union and through 2. WON NOWM was authorized to represent the private - Independent contractors are those who exercise
the National Organization of Workingmen, they filed a respondents independent employment, contracting to do a piece of
complaint against Sergio Naguiat under the name and 3. WON Naguiat Enterprieses, Sergio Naguiat and work according to their own methods without being
style Naguiat Enterprises, AAFES and AAFES union. Antolin Naguiat were liable subject to the control of their employer except as to the
- The labor arbiter ordered the petitioner to pay the 4. WON Sergio and Antolin Naguiat were denied due result of their work.
drivers P1,200 for every year of service for process - Sergio Naguiat was a stockholder and director of
humanitarian consideration, setting aside the earlier Naguiat Enterprises but, in supervising the taxi drivers
agreement between the CFTI and the drivers union. It HELD
torts & damages A2010 -2- prof. casis
and determining their employment terms, he was serious business losses or financial reverses which is directly responsible under A1903CC as employer of
carrying out his responsibility as president of CFTI. the condition on this case. Fontanilla
- Naguiat Enterprises was in the trading business while 4. There was no denial of due process.
CFTI was in the taxi business. Reasoning HELD
- The Constitution of the CFTI-AAFES Taxi Drivers - Even if the individual Naguiats were not impleaded as YES
Association states that the members of the union are parties of the complaint, they could still be held liable - There are two actions available for parents of Garcia.
employees of CFTI and for collective and bargaining because of jurisprudence (A.C. Ransom case). One is under the A100RPC wherein the employer is only
purposes, the employer is also CFTI. - Both also voluntarily submitted themselves to the subsidiarily liable for the damages arising from the
- Re: Antolin Naguiat’s liability jurisdiction of the labor arbiter when they filed a crime thereby first exhausting the properties of
Reasoning position paper. Fontanilla. The other action is under A1903CC (quasi-
- Although he carried the title of general manager, it DISPOSITION The petition is partly granted. 1) CFTI delict or culpa aquiliana) wherein as the negligent
has not been shown that he had acted in such capacity. and Sergio Naguiat are ordered to pay jointly and employer of Fontanilla, Barredo is held primarily liable
- No evidence on the extent of his participation in the severally the individual respondents of US$120 for subject to proving that he exercising diligence of a
management or operation of the business was every year of service and 2) Naguiat Enterprises and good father of the family. The parents simply took the
proferred. Antolin Naguiat are absolved from liability. action under the Civil Code as it is more practical to get
- Re: Sergio Naguiat’s liability damages from the employer bec he has more money to
Ratio A director or officer may be held solidarly liable BARREDO V GARCIA give than Fontanilla who is yet to serve his sentence.
with a corporation by a specific provision of law Obiter
BOCOBO; July 8, 1942
because a corporation, being a juridical entity, may act Difference bet Crime and Quasi-delict
only through its directors and officers. Obligations 1) crimes – public interest; quasi-delict – only private
NATURE
incurred by them, acting as such corporation agents, interest
Petition for review on certiorari
are not theirs but the direct accountabilities of the 2) Penal code punishes or corrects criminal acts; Civil
corporation they represent. In the absence of definite Code by means of indemnification merely repairs the
FACTS
proof of who clearly are the officers of the corporation, damage
- from CA, holding Fausto Barredo liable for damages
the assumption falls on the President of the 3) delicts are not as broad as quasi-delicts; crimes are
for death pf Faustino Garcia caused by negligence of
corporation. only punished if there is a penal law; quasi-delicts
Pedro Fontanilla, a taxi driver employed by Fausto
Reasoning include any kind of fault or negligence intervenes
Barredo
- In his capacity as President, Sergio Naguiat cannot be NOTE: not all violations of penal law produce civil
- May 3, 1936 – in road between Malabon and Navotas,
exonerated. responsibility
head-on collision between taxi of Malate Taxicab and
- An employer is defined to be any person acting in the e.g. contravention of ordinances, violation of game
carretela guided by Pedro Dimapilis thereby causing
interest of an employer, directly or indirectly. laws, infraction of rules of traffic when nobody is hurt
overturning of the carretela and the eventual death of
- Case in point is A.C. Ransom Labor Union CCLU vs. 4) crime – guilt beyond reasonable doubt; civil – mere
Garcia, 16-yo boy and one of the passengers
NLRC held that the identified employer A.C. Ransom preponderance of evidence
- Fontanilla convicted in CFI and affirmed by CA and
Corporation, being an artificial person, must have an - Presumptions:
separate civil action is reserved
officer and in the absence of proof, the president is 1) injury is caused by servant or employee, there
- Parents of Garcia filed action against Barredo as sole
assumed to be the head of the corporation. instantly arises presumption of negligence of master or
proprietor of Malate Taxicab as employer of Fontanilla
- Both CFTI and Naguiat Enterprises were close family employer in selection, in supervision or both
- CFI and CA awarded damages bec Fontanilla’s
corporations owned by the same family. To the extent 2) presumption is juris tantum not juris et de jure TF
negligence apparent as he was driving on the wrong
that stockholders are actively engaged in the may be rebutted by proving exercise of diligence of a
side of the road and at a high speed
management or business affairs of a close corporation, good father of the family
> no proof he exercised diligence of a good father of
the stockholders shall be held to strict fiduciary duties - basis of civil law liability: not respondent superior bu
the family as Barredo is careless in employing
to each other and among themselves. Said the relationship of pater familias
(selection and supervision) Fontanilla who had been
stockholders shall be liable for corporate torts unless - motor accidents – need of stressing and accentuating
caught several times for violation of Automobile Law
the corporation has obtained reasonably adequate the responsibility of owners of motor vehicles
and speeding
liability insurance.
> CA applied A1903CC that makes inapplicable civil
> Nothing in the records indicate that CFTI obtained
liability arising from crime bec this is under obligations ELCANO V HILL
reasonable adequate liability insurance.
arising from wrongful act or negligent acts or omissions 77 SCRA 98
> Jurisprudence is wanting in the definition of
corporate tort. Tort essentially consists in the
punishable by law BARREDO; May 26, 1977
- Barredo’s defense is that his liability rests on RPC TF
violation of a right given or the omission of a duty
liability only subsidiary and bec no civil action against NATURE
imposed by law. Tort is a breach of legal duty.
Fontanilla TF he too cannot be held responsible Appeal from an order of the CFI Quezon City
> Art. 238 mandates the employer to grant
separation pay to employees in case of cessation of
ISSUE FACTS
operations or closure of the business not due to
WON parents of Garcia may bring separate civil action
against Barredo making him primarily liable and
torts & damages A2010 -3- prof. casis
- Reginald Hill, a minor yet married at the time of this Book, (on quasi-delicts) and by special laws." More - Briefly stated, We here hold, in reiteration of Garcia,
occurrence, was criminally prosecuted for the killing of precisely, Article 2177 of the new code provides: that culpa aquiliana includes voluntary and negligent
Agapito Elcano (son of Pedro), and was acquitted for "ART 277. Responsibility for fault or negligence under acts which may be punishable by law.
“lack of intent to kill, coupled with mistake.” the preceding article is entirely separate and distinct 2. YES (but…)
- Pedro Elcano filed a complaint for recovery of from the civil liability arising front negligence under the - Article 2180 applies to Atty. Hill notwithstanding the
damages from Reginald and his father Atty Marvin. CFI Penal Code. But the plaintiff cannot recover damages emancipation by marriage of Reginald. (However,
dismissed it. twice for the same act or omission of the defendant." inasmuch as it is evident that Reginald is now of age,
- According to the Code Commission: "The foregoing as a matter of equity, the liability of Atty. Hill has
ISSUES provision (Article 2177) through at first sight startling, become milling, subsidiary to that of his son.)
1. WON the civil action for damages is barred by the is not so novel or extraordinary when we consider the - While it is true that parental authority is terminated
acquittal of Reginald in the criminal case wherein the exact nature of criminal and civil negligence. The upon emancipation of the child (Article 327, Civil Code),
action for civil liability was not reversed former is a violation of the criminal law, while the latter and under Article 397, emancipation takes place "by
2. WON Article 2180 (2nd and last par) of the CC can be is a 'culpa aquilian' or quasi-delict, of ancient origin, the marriage of the minor (child)", it is, however, also
applied against Atty. Hill, notwithstanding the fact that having always had its own foundation and individuality, clear that pursuant to Article 399, emancipation by
at the time of the occurrence, Reginald, though a separate from criminal negligence. Such distinction marriage of the minor is not really full or
minor, living with and getting subsistence from his between criminal negligence and 'culpa extra- absolute. Thus "(E)mancipation by marriage or by
father, was already legally married contractual' or 'cuasi-delito' has been sustained by voluntary concession shall terminate parental authority
decision of the Supreme Court of Spain and maintained over the child's person. It shall enable the minor to
HELD as clear, sound and perfectly tenable by Maura, an administer his property as though he was of age, but he
1. NO outstanding Spanish jurist. Therefore, under the cannot borrow money or alienate or encumber real
-The acquittal of Reginal Hill in the criminal case has proposed Article 2177, acquittal from an accusation of property without the consent of his father or mother, or
not extinguished his liability for quasi-delict, hence that criminal negligence, whether on reasonable doubt or guardian. He can sue and be sued in court only with the
acquittal is not a bar to the instant action against him. not, shall not be a bar to a subsequent civil action, not assistance of his father, mother or guardian."
-Barredo v Garcia (dual character—civil and criminal for civil liability arising from criminal negligence, but for - Under Article 2180, "(T)he obligation imposed by
— of fault or negligence as a source of obligation): damages due to a quasi-delict or 'culpa aquiliana'. But article 2176 is demandable not only for one's own acts
"The above case is pertinent because it shows that the said article forestalls a double recovery," or omissions, but also for those of persons for whom
same act may come under both the Penal Code and the - Although, again, this Article 2177 does seem to one is responsible. The father and, in case of his death
Civil Code. In that case, the action of the agent was literally refer to only acts of negligence, the same or incapacity, the mother, are responsible. The father
unjustified and fraudulent and therefore could have argument of Justice Bacobo about construction that and, in case of his death or incapacity, the mother, are
been the subject of a criminal action. And yet, it was upholds "the spirit that giveth life" rather than that responsible for the damages caused by the minor
held to be also a proper subject of a civil action under which is literal that killeth the intent of the lawmaker children who live in their company."
article 1902 of the Civil Code. It is also to be noted that should be observed in applying the same. And - In the instant case, it is not controverted that
it was the employer and not the employee who was considering that me preliminary chapter on human Reginald, although married, was living with his father
being sued." relations of the new Civil Code definitely establishes the and getting subsistence from him at the time of the
"It will be noticed that the defendant in the above case separability and independence of liability in a civil occurrence in question. Factually, therefore, Reginald
could have been prosecuted in a criminal case because action for acts criminal in character (under Articles 29 was still subservient to and dependent on his father, a
his negligence causing the death of the child was to 12) from the civil responsibility arising from crime situation which is not unusual.
punishable by the Penal Code. Here is therefore a clear fixed by Article 100 of the Revised Penal Code, and, in - It must be borne in mind that, according to Manresa,
instance of the same act of negligence being a proper a sense, the Rules of Court, under Sections 2 and 3 (c), the reason behind the joint and solidary liability of
subject matter either of a criminal action with its Rule 111, contemplate also the same separability, it’s parents with their offending child under Article 2180 is
consequent civil liability arising from a crime or of an "more congruent with the spirit of law, equity and that is the obligation of the parent to supervise their
entirely separate and independent civil action for fault justice, and more in harmony with modern progress", to minor children in order to prevent them from causing
or negligence under article 1402 of the Civil Code. hold, as We do hold, that Article 2176, where it refers damage to third persons.
Thus, in this jurisdiction, the separate individuality of a to "fault or negligence," covers not only acts "not - On the other hand, the clear implication of Article 399,
cuasi-delito or culpa aquiliana under the Civil Code has punishable by law" but also acts criminal in character, in providing that a minor emancipated by marriage
been fully and clearly recognized, even with regard to a whether intentional and voluntary or negligent. may not, nevertheless, sue or be sued without the
negligent act for which the wrongdoer could have been - Consequently, a separate civil action lies against the assistance of the parents, is that such emancipation
prosecuted and convicted in a criminal case aria for offender in a criminal act, whether or not he is does not carry with it freedom to enter into
which, after un a conviction, he could have been sued criminally prosecuted and found guilty or acquitted, transactions or do any act that can give rise to judicial
for this civil liability arising from his crime.” provided that the offended party is not allowed, if he is litigation. And surely, killing someone else invites
-Culpa aquiliana includes acts which are criminal in actually charged also criminally, to recover damages on judicial action.
character or in violation of a penal law, whether both scores, and would be entitled in such eventuality
voluntary or negligent. only to the bigger award of the two, assuming the
CINCO V CANONOY
-ART 1162: "Obligations derived from quasi-delicts shall awards made in the two cases vary.
be governed by the provisions of Chapter 2, Title XVII of 90 SCRA 369
torts & damages A2010 -4- prof. casis
Melencio-Herrera; May 31, 1979 proceed independently of the criminal claimed that he never proposed marriage to or agreed
prosecution, and shall require only a to be married; neither sought the consent of her
preponderance of evidence. parents nor forced her to live in his apt.; did not
NATURE
- Petitioner’s cause of action is based on quasi- maltreat her but only told her to stop coming to his
Petition for review on certiorari
delict. The concept of quasi-delict, as enunciated in place after having discovered that she stole his money
Art 2176 of the Civil Code, is so broad that in and passport. He also prayed for 25,000 as moral
FACTS
includes not only injuries to persons but also damages plus misc. expenses.
- Cinco filed on Feb 25, 19701 a complaint for recovery
damage to property. It makes no distinction - The RTC, applying Art. 21 CC decided in favor of
of damages on account of a vehicular accident
between “damage to persons” on the one hand private respondent. Petitioner was thus ordered to pay
involving his automobile and a jeepney driven by
and “damage to property” on the other. The word Php 20,000 as moral damages and 3,000 pesos atty’s.
Romeo Hilot and operated by Valeriana Pepito and
damage is used in two concepts: the “harm” done fees plus litigation expenses. Petitioner appealed this
Carlos Pepito.
and “reparation” for the harm done. And with decision to respondent CA, contending that the trial
- Subsequently, a criminal case was filed against the
respect to “harm” it is plain that it includes both court erred in not dismissing the case for lack of factual
driver Romeo Hilot arising from the same accident.
injuries to person and property since “harm” is not and legal basis and in ordering him to pay moral
- At the pre-trial in the civil case, counsel for private
limited to personal but also to property injuries. damages, atty’s fees, etc.
respondents moved to suspend the civil action pending
DISPOSITION Writ of Certiorari granted. - Respondent CA promulgated the challenged decision
the final determination of the criminal suit.
affirming in toto the trial court’s ruling which prompted
- The City Court of Mandaue ordered the suspension of
Baksh to file this petition for certiorari, raising the
the civil case. Petitioner’s MFR having been denied, he BAKSH V CA (Gonzales)
single issue of WON Art. 21 applies to this case.
elevated the matter on Certiorari to the CFI Cebu., 219 SCRA 115
which in turn dismissed the petition.
DAVIDE, JR; Feb.19, 1993 ISSUE
Plaintiff’s claims:
WON damages may be recovered for a breach of
- it was the fault r negligence of the driver in the
promise to marry on the basis of Art.21 of the Civil
operation of the jeepney owned by the Pepitos which
NATURE Code
caused the collision.
- Damages were sustained by petitioner because of the Appeal by certiorari to review and set aside the CA
decision which affirmed in toto the RTC’s decision HELD
collision
1. YES
- There was a direct causal connection between the
FACTS Ratio In a breach of promise to marry where the
damages he suffered and the fault and negligence of
- Private respondent Marilou Gonzales (MG) filed a woman is a victim of moral seduction, Art. 21 may be
private respondents.
complaint for damages against petitioner Gashem applied.
Respondents’ Comments:
Shookat Baksh for the alleged violation of their Reasoning
- They observed due diligence in the selection and
agreement to get married. - Where a man’s promise to marry is in fact the
supervision of employees, particularly of Romeo Hilot.
**MG’s allegations in the complaint: proximate cause of the acceptance of his love by a
- That she is a 22 yr. old Filipina, single, of good moral woman and his representation to fulfill that promise
ISSUE
character and respected reputation in her community. becomes the proximate cause of the giving of herself
WON there can be an independent civil action for
- That Baksh is an Iranian citizen, residing in Dagupan, unto him in sexual congress, proof that he had, in
damage to property during the pendency of the
and is an exchange student taking up medicine at the reality, no intention of marrying her and that the
criminal action
Lyceum in Dagupan. promise was only a subtle scheme or deceptive device
- That Baksh later courted and proposed to marry her. to entice or inveigle to accept him and to obtain her
HELD
MG accepted his love on the condition that they would consent to the sexual act, could justify the award of
YES
get married. They later agreed to get married at the damages pursuant to Art.21 not because of such
- Liability being predicated on quasi-delict, the civil
end of the school semester. Petitioner had visited MG’s promise to marry but because of the fraud and deceit
case may proceed as a separate and independent civil
parents to secure their approval of the marriage. Baksh behind it and the willful injury to her honor and
action, as specifically provided for in Art 2177 of the
later forced MG to live with him. A week before the reputation which followed thereafter. It is essential
Civil Code.
filing of the complaint, petitioner started maltreating however, that such injury should have been committed
- The separate and independent civil action for quasi-
her even threatening to kill her and as a result of such in a manner contrary to morals, good customs or public
delict is also clearly recognized in sec 2, Rule 111 of
maltreatment, she sustained injuries. A day before the policy.
the Rules of Court:
filing of the complaint, Baksh repudiated their marriage - In the instant case, respondent Court found that it was
Sec 2. Independent civil action. – In the cases
agreement and asked her not to live with him anymore the petitioner's "fraudulent and deceptive protestations
prvided for in Articles 31, 32, 33, 34 and 2177 of
and that he is already married to someone in Bacolod. of love for and promise to marry plaintiff that made her
the Civil Code f the Philippines, an independent
She prayed for payment for damages amounting to Php surrender her virtue and womanhood to him and to live
civil action entirely separate and distinct from
45,000 plus additional costs. with him on the honest and sincere belief that he would
the criminal action, may be brought by the
- Baksh answered with a counterclaim, admitting only keep said promise, and it was likewise these fraud and
injured party during the pendency of the criminal
the personal circumstances of the parties in the deception on appellant's part that made plaintiff's
case, provided the right is reserved as required
complaint but denied the rest of the allegations. He parents agree to their daughter's living-in with him
in the preceding section. Such civil action shall
torts & damages A2010 -5- prof. casis
preparatory to their supposed marriage. In short, the “An example will illustrate the purview of the - evening of May 28, 1991, Carmelo Agliam, his half-
private respondent surrendered her virginity, the foregoing norm: 'A' seduces the nineteen-year old brother Eduardo Tolentino, Ronnel Tolentino, Vidal
cherished possession of every single Filipina, not daughter of 'X.' A promise of marriage either has not Agliam, his brother Jerry Agliam, Robert Cacal,
because of lust but because of moral seduction. The been made, or can not be proved. The girl becomes Raymundo Bangi and Marcial Barid converged at a
petitioner could not be held liable for criminal seduction pregnant. Under the present laws, there is no crime, as carinderia owned by Ronnel Tolentino. They proceeded
punished under either Art.337 or Art.338 of the RPC the girl is above 18 yrs of age. Neither can any civil to attend a dance but did not stay long because they
because the private respondent was above 18 years of action for breach of promise of marriage be filed. sensed some hostility from Cesar Galo and his
age at the time of the seduction. Therefore, though the grievous moral wrong has been companions who were giving them dagger looks. In
- Moreover, it is the rule in this jurisdiction that committed, and although the girl and her family have order to avoid trouble, especially during the festivity,
appellate courts will not disturb the trial court's findings suffered incalculable moral damage, she and her they decided to head for home instead of reacting to
as to the credibility of witnesses, the latter court having parents cannot bring any action for damages. But the perceived provocation of Galo and his companions.
heard the witnesses and having had the opportunity to under the proposed article, she and her parents would - The group had barely left when their owner jeep was
observe closely their deportment and manner of have such a right of action. fired upon from the rear. Vidal Agliam was able to jump
testifying, unless the trial court had plainly overlooked Thus at one stroke, the legislator, if the foregoing out from the jeep and landed just beside it, scurried to
facts of substance or value which, if considered, might rule is approved, would vouchsafe adequate legal the side of the road and hid in the ricefield. His
affect the result of the case. Petitioner has miserably remedy for that untold number of moral wrongs which younger brother Jerry also managed to jump out, but
failed to convince Us that both the appellate and trial it is impossible for human foresight to provide for was shot in the stomach and died. Carmelo Agliam,
courts had overlooked any fact of substance or value specifically in the statutes.” Robert Cacal and Ronnel Tolentino sustained injuries.
which could alter the result of the case. - Art.2176 CC, which defines a quasi-delict, is limited to Eduardo Tolentino was not even able to move from his
**Obiter: on Torts and Quasi-delicts negligent acts or omissions and excludes the notion of seat and was hit with a bullet which punctured his right
- The existing rule is that a breach of promise to marry willfulness or intent. Quasi-delict, known in Spanish kidney which caused his death.
per se is not an actionable wrong. Congress legal treatises as culpa aquiliana, is a civil law concept - Based upon the affidavits of Carmelo and Vidal
deliberately eliminated from the draft of the New Civil while torts is an Anglo-American or common law Agliam, warrants for the arrest of Ballesteros, Galo and
Code the provisions that would have made it so. The concept. Torts is much broader than culpa aquiliana Bulusan were issued. - All pleaded not guilty. Paraffin
reason therefor is set forth in the report of the Senate because it includes not only negligence, but intentional tests conducted on Galo and Ballesteros produced
Committees on the Proposed Civil Code, from which We criminal acts as well such as assault and battery, false positive results. Bulusan was not tested for nitrates.
quote: imprisonment and deceit. In the general scheme of the - In his testimony, Galo claimed that he did not even
“The elimination of this chapter is proposed. That Philippine legal system envisioned by the Commission talk to Bulusan or any of his companions. Having been
breach of promise to marry is not actionable has been responsible for drafting the New Civil Code, intentional found with gunpowder residue in his hands, Galo
definitely decided in the case of De Jesus vs. Syquia. and malicious acts, with certain exceptions, are to be attempted to exculpate himself from the results by
The history of breach of promise suits in the United governed by the Revised Penal Code while negligent confessing that he had been a cigarette smoker for the
States and in England has shown that no other action acts or omissions are to be covered by Art.2176 CC. In past ten years and had, in fact, just consumed eight
lends itself more readily to abuse by designing women between these opposite spectrums are injurious acts cigarette sticks prior to the test., and that his hand may
and unscrupulous men...” which, in the absence of Art.21, would have been have been contaminated by a nitrogenous compound,
- This notwithstanding, the said Code contains a beyond redress. Thus, Art.21 fills that vacuum. It is the source of which is urine. Lastly, he said that he was
provision, Article 21, which is designed to expand the even postulated that together with Articles 19 and 20 not even present at the crime scene
concept of torts or quasi-delict in this jurisdiction by of the Civil Code, Art.21 has greatly broadened the - Ballesteros interposed the defense of alibi, that he
granting adequate legal remedy for the untold scope of the law on civil wrongs; it has become much went to a nearby store to purchase some cigarettes.
number of moral wrongs which is impossible for human more supple and adaptable than the Anglo-American He returned home and cleaned his garlic bulbs before
foresight to specifically enumerate and punish in the law on torts. retiring at 9:00 o’clock. The next morning, he busied
statute books. DISPOSITION finding no reversible error in the himself with some chores, which included fertilizing his
- As the Code Commission itself stated in its Report: challenged decision, the instant petition is hereby pepper plants with sulfate. He handled the fertilizers
“But the Code Commission has gone farther than the DENIED without gloves. He said that he uses his left hand in
sphere of wrongs defined or determined by positive lighting cigarettes and he had no motive to kill the
law. Fully sensible that there are countless gaps in the victims.
statutes, which leave so many victims of moral wrongs
PEOPLE V BALLESTEROS - Bulusan echoed the defense of alibi of Galo and
helpless, even though they have actually suffered 285 SCRA 438 Ballesteros
material and moral injury, the Commission has deemed ROMERO; January 29, 1998 - The trial court found the three accused guilty beyond
it necessary, in the interest of justice, to incorporate in reasonable doubt of murder, qualified by treachery,
the proposed Civil Code the following rule: NATURE and ordered them to pay jointly and solidarily:
“Art.21 Any person who wilfully causes loss or injury An appeal from the decision of the Regional Trial Court 1. The heirs of Jerry Agliam compensatory damages in
to another in a manner that is contrary to morals, good finding the accused guilty beyond reasonable doubt of the amount of P50,000.00, moral damages in the
customs or public policy shall compensate the latter for murder, qualified by treachery. amount of P20,000.00, and actual damages in the
the damage.” amount of P35,755.00, with interest;
FACTS
torts & damages A2010 -6- prof. casis
2. The heirs of the late Eduardo Tolentino, Sr., urine may leave traces of nitrates, but these are court. Therefore, the award of actual damages is
compensatory damages in the amount of P50,000.00, minimal and, unlike those found in gunpowder, may be proper. However, the order granting compensatory
moral damages in the amount of P20,000.00, and washed off with tap water. damages to the heirs of Jerry Agliam and Eduardo
actual damages in the total amount of P61,785.00, with - on the defense of alibi: for the defense of alibi to Tolentino Sr. must be amended. Consistent with the
interest; prosper, the accused must prove, not only that he was policy of this Court, the amount of P 50,000.00 is given
3. Carmelo Agliam, actual damages in the amount of at some other place at the time of the commission of to the heirs of the victims by way of indemnity, and not
P2,003.40, and moral damages in the amount of the crime, but also that it was physically impossible for as compensatory damages. As regards moral damages,
P10,000.00, with interest; him to be at the locus delicti or within its immediate the amount of psychological pain, damage and injury
4. Vidal Agliam Jr., Robert Cacal and Ronnel Tolentino, vicinity. This accused-appellants failed to satisfactorily caused to the heirs of the victims, although
moral damages in the amount of P5,000.00 each, with prove. Positive identification prevails over denials and inestimable, may be determined by the trial court in its
interest. alibis. discretion. Hence, we see no reason to disturb its
5. The costs. - None of them attempted to corroborate their alibi findings as to this matter.
through the testimony of witnesses. In fact, they never DISPOSITION The decision appealed from is hereby
ISSUES attempted to present as witnesses those who could AFFIRMED WITH MODIFICATION.
1. WON the trial court was correct in finding accused- have testified to having seen them elsewhere on the
appellants guilty beyond reasonable doubt night in question. CUSTODIO V CA (Heirs Of Mabasa)
2. WON the Court correctly ruled in finding that the 2. YES
253 SCRA 483
offense was qualified by treachery Ratio The requisites of treachery are twofold: (1) (t)hat
3. WON the Court was correct in the award of damages at the time of the attack, the victim was not in a REGALADO; February 9, 1996
to the heirs of the victims position to defend himself; and (2) that the offender
consciously adopted the particular means, method or NATURE
HELD form of attack employed by him. Petition for review on certiorari of a decision of CA
1. YES Reasoning
Ratio Absolute certainty of guilt is not demanded by - Here, it is obvious that the accused-appellants had FACTS
law to convict a person of a criminal charge. The doubt sufficient opportunity to reflect on their heinous plan. - The plaintiff-appellee Mabasa owns a parcel of land
to the benefit of which an accused is entitled in a The facts show that the attack was well-planned and with a two-door apartment erected thereon situated at
criminal trial is a reasonable doubt, not a whimsical or not merely a result of the impulsiveness of the Interior P. Burgos St., Palingon, Tipas, Tagig, Metro
fanciful doubt based on imagined but wholly offenders. Manifestations of their evil designs were Manila. As access to P. Burgos Street from plaintiff's
improbable possibilities and unsupported by evidence. already apparent as early as the time of the dance. property, there are 2 possible passageways. The first
Reasonable doubt is that engendered by an They were well-armed and approached the homebound passageway is approximately one meter wide and is
investigation of the whole proof and inability, after such victims, totally unaware of their presence, from about 20m distant from Mabasa's residence to P.
investigation, to let the mind rest easy upon the behind. There was no opportunity for the latter to Burgos St. Such path is passing in between the row of
certainty of guilt. defend themselves houses of defendants. The second passageway is about
Reasoning 3. YES 3m in width. In passing thru said passageway, a less
- In their testimonies, Carmelo and Vidal Agliam both Ratio Damages may be defined as the pecuniary than a meter wide path through the septic tank and
described the area to be well illumined by the compensation, recompense, or satisfaction for an injury with 5-6m in length, has to be traversed.
moon. Considering the luminescence of the moon and sustained, or as otherwise expressed, the pecuniary - When said property was purchased by Mabasa, there
the proximity between them, the victims could consequences which the law imposes for the breach of were tenants occupying the remises and who were
distinctly identify their assailants. Also, the constant some duty or the violation of some right. Actual or acknowledged by plaintiff Mabasa as tenants. However,
interaction between them through the years (in the compensatory damages are those awarded in sometime in February, 1982, one of said tenants
buying and selling of cattle and Bulusan was a satisfaction of, or in recompense for, loss or injury vacated the apartment and when plaintiff Mabasa went
classmate of Vidal) would necessarily lead to familiarity sustained, whereas moral damages may be invoked to see the premises, he saw that there had been built
with each other such that, at the very least, one would when the complainant has experienced mental anguish, an adobe fence in the first passageway making it
have been able to recognize the other easily serious anxiety, physical suffering, moral shock and so narrower in width. Said adobe fence was first
- That accused-appellants had no motive in forth, and had furthermore shown that these were the constructed by defendants Santoses along their
perpetrating the offense is irrelevant. Motive is the proximate result of the offender’s wrongful act or property which is also along the first passageway.
moving power which impels one to action for a definite omission. Defendant Morato constructed her adobe fence and
result. Intent, on the other hand, is the purpose to use Reasoning even extended said fence in such a way that the entire
a particular means to effect such result. The - In granting actual or compensatory damages, the passageway was enclosed. And it was then that the
prosecution need not prove motive on the part of the party making a claim for such must present the best remaining tenants of said apartment vacated the area.
accused when the latter has been positively identified evidence available, viz., receipts, vouchers, and the Defendant Cristina Santos testified that she
as the author of the crime. like, as corroborated by his testimony. Here, the claim constructed said fence because there was an incident
- on their excuses regarding the source of the for actual damages by the heirs of the victims is not when her daughter was dragged by a bicycle pedalled
gunpowder traces found on their hands: Experts controverted, the same having been fully substantiated by a son of one of the tenants in said apartment along
confirm the possibility that cigarettes, fertilizers and by receipts accumulated by them and presented to the the first passageway. She also mentioned some other
torts & damages A2010 -7- prof. casis
inconveniences of having at the front of her house a result of a violation of a legal duty. These situations are bookkeepers of Regional Health Office No. 7 at
pathway such as when some of the tenants were drunk often called damnum absque injuria. Zamboanga City.
and would bang their doors and windows. Some of their [3] In order that the law will give redress for an act - At about 9:30 a.m., while the PU car was negotiating a
footwear were even lost. causing damage, that act must be not only hurtful, but slight curve on the national highway at kilometer 21 in
- TC ordered (a) defendant-appellants Custodios and wrongful. There must be damnum et injuria. The injury Barrio Guisukan, Sindangan, Zamboanga del Norte,
Santoses to give plaintiff permanent access — ingress must result from a breach of duty or a legal wrong. said car collided with an oncoming passenger bus (No.
and egress, to the public street; (b) the plaintiff to pay [4] In this case, although there was damage, there was 25) with plate No. 77-4 W Z.N. 71 owned and operated
defendants Custodios and Santoses P8,000 as no legal injury. Contrary to the claim of private by the Mactan Transit Co., Inc. and driven by
indemnity for the permanent use of the passageway. respondents, petitioners could not be said to have defendant, Pedro Tumala. As a result of the aforesaid
- Private respondents, went to CA raising the sole issue violated the principle of abuse of right (Art.21 CC) collision, petitioners sustained various physical injuries
of WON lower court erred in not awarding damages in [5] The act of petitioners in constructing a fence within which necessitated their medical treatment and
their favor. CA affirming TC judgment with modification, their lot is a valid exercise of their right as owners, hospitalization.
awarding damages to plaintiffs (P65K as actual hence not contrary to morals, good customs or public - Alleging that both drivers of the PU car and the
damages, P30K as moral damages and P10K as policy. The law recognizes in the owner the right to passenger bus were at the time of the accident driving
exemplary damages). Mfr denied. Hence this appeal. enjoy and dispose of a thing, without other limitations their respective vehicles at a fast clip, in a reckless,
than those established by law. It is within the right of grossly negligent and imprudent manner in gross
ISSUES petitioners, as owners, to enclose and fence their violation of traffic rules and without due regard to the
1. WON the grant of right of way to herein private property (See Art.430 CC). safety of the passengers aboard the PU car, petitioners,
respondents is proper DISPOSITION The appealed decision of CA is German C. Garcia, Luminosa L. Garcia, and Ester
2. WON CA erred in awarding damages to plaintiff- REVERSED and SET ASIDE and the judgment of the trial Francisco, filed on September 1, 1971 with respondent
appellee Mabasa court is REINSTATED. Court of First Instance of Misamis Occidental an action
for damages (Civil Case No. 2850) against the private
HELD
1. Ratio Whenever an appeal is taken in a civil case, an THE CONCEPT OF QUASI- respondents, owners and drivers, respectively, of the
PU car and the passenger bus that figured in the
appellee who has not himself appealed may not obtain
from the appellate court any affirmative relief other DELICT collision, with prayer for preliminary attachment.
- The principal argument advanced by Mactan Inc. et. al
than what was granted in the decision of the lower to in a motion to dismiss was that the petitioners had
court no cause of action for on August 11, 1971, or 20 days
GARCIA V FLORIDO
Reasoning before the filing of the present action for damages,
- Petitioners are already barred from raising the same. [CITATION] respondent Pedro Tumala was charged in Criminal Case
Petitioners did not appeal from the decision of the court ANTONIO; [DATE] No. 4960 of the Municipal Court of Sindangan,
a quo granting private respondents the right of way, Zamboanga del Norte, in a complaint filed by the Chief
hence they are presumed to be satisfied with the NATURE of Police and that, with the filing of the aforesaid
adjudication therein. With the finality of the judgment Appeal by certiorari from the decision of the Court of criminal case, no civil action could be filed subsequent
of the trial court as to petitioners, the issue of propriety First Instance of Misamis Occidental, dismissing thereto unless the criminal case has been finally
of the grant of right of way has already been laid to petitioners' action for damages against respondents, adjudicated, pursuant to Sec. 3 of Rule 111 of the Rules
rest. Mactan Transit Co., Inc. and Pedro Tumala, "without of Court, and, therefore, the filing of the instant civil
2. YES prejudice to refiling the said civil action after conviction action is premature, because the liability of the
Ratio There is no cause of action for acts done by one of the defendants in the criminal case filed by the Chief employer is merely subsidiary and does not arise until
person (in this case, upon his own property) in a lawful of Police of Sindangan, Zamboanga del Norte", and after final judgment has been rendered finding the
and proper manner, although such acts incidentally from the order of said Court dated January 21, 1972, driver, Pedro Tumala, guilty of negligence; that Art. 33
cause damage or an unavoidable loss to another, as denying petitioners' motion for reconsideration. of the New Civil Code, is not applicable because Art 33
such damage or loss is damnum absque injuria. applied only to the crimes of physical injuries or
Reasoning FACTS homicide, not to the negligent act or imprudence of the
[1] To warrant the recovery of damages, there must be - On August 4, 1971, petitioners, German C. Garcia, driver.
both a right of action for a legal wrong inflicted by the Chief of the Misamis Occidental Hospital, together with - The lower court sustained Mactan Inc. et. Al. and
defendant, and damage resulting to the plaintiff his wife, Luminosa L. Garcia, and Ester Francisco, dismissed the complaint
therefrom. bookkeeper of said hospital, hired and boarded a PU car
[2] Obiter: There is a material distinction between with plate No. 241-8 G Ozamis 71 owned and operated ISSUES
damages and injury. Injury is the illegal invasion of a by respondent, Marcelino Inesin, and driven by 1. WON the lower court erred in dismissing the
legal right; damage is the loss, hurt, or harm which respondent, Ricardo Vayson, for a roundtrip from complaint for damages on the ground that since no
results from the injury; and damages are the Oroquieta City to Zamboanga City, for the purpose of express reservation was made by the complainants, the
recompense or compensation awarded for the damage attending a conference of chiefs of government civil aspect of the criminal case would have to be
suffered. Thus, there can be damage without injury in hospitals, hospital administrative officers, and determined only after the termination of the criminal
those instances in which the loss or harm was not the case
torts & damages A2010 -8- prof. casis
2. WON the lower court erred in saying that the action of the Civil Code, which do not provide for the (Criminal Case No. 4960) and the civil action by
is not based on quasi-delict since the allegations of the reservation required in the proviso." petitioners, it is inevitable that the averments on the
complaint in culpa aquiliana must not be tainted by any - But in whatever way We view the institution of drivers' negligence in both complaints would
assertion of violation of law or traffic rules or the civil action for recovery of damages under substantially be the same. It should be emphasized that
regulations and because of the prayer in the complaint quasi-delict by petitioners, whether as one that the same negligent act causing damages may produce
asking the Court to declare the defendants jointly and should be governed by the provisions of Section a civil liability arising from a crime under Art. 100 of the
severally liable for moral, compensatory and exemplary 2 of Rule 111 of the Rules which require Revised Penal Code or create an action for quasi-delict
damages reservation by the injured party considering that or culpa extra-contractual under Arts. 2176-2194 of the
. by the institution of the civil action even before New Civil Code. This distinction has been amply
HELD the commencement of the trial of the criminal explained in Barredo vs. Garcia, et all (73 Phil. 607,
1. YES case, petitioners have thereby foreclosed their 620-621).
Ratio An action based on quasi-delict may be right to intervene therein, or one where - It is true that under Sec. 2 in relation to Sec. 1 of Rule
maintained independently from a criminal action. By reservation to file the civil action need not be 111 of the Revised Rules of Court which became
instituting a civil action based on a quasi-delict, a made, for the reason that the law itself (Article effective on January 1, 1964, in the cases provided for
complainant may be deemed to abandon his/her right 33 of the Civil Code) already makes the by Articles 31, 33, 39 and 2177 of the Civil Code, an
to press recovery for damages in the criminal case. reservation and the failure of the offended party independent civil action entirely separate and distinct
Reasoning to do so does not bar him from bringing the from the civil action, may be instituted by the injured
- In the case at bar, there is no question that petitioners action, under the peculiar circumstances of the party during the pendency of the criminal case,
never intervened in the criminal action instituted by the case, We find no legal justification for provided said party has reserved his right to institute it
Chief of Police against respondent Pedro Tumala, much respondent court's order of dismissal. separately, but it should be noted, however, that
less has the said criminal action been terminated either 2. YES, because the action in fact satisfies the elements neither Section 1 nor Section 2 of Rule 111 fixes a time
by conviction or acquittal of said accused. of quasi-delict. limit when such reservation shall be made.
- It is, therefore, evident that by the institution of the Ratio An action shall be deemed to be based on a
present civil action for damages, petitioners have in quasi-delict when all the essential averments under SEPARATE OPINION
effect abandoned their right to press recovery for Articles 2176-2194 of the New Civil Code are present,
damages in the criminal case, and have opted instead namely:
BARREDO [concur]
to recover them in the present civil case. a) act or omission of the private respondents;
- Article 2176 and 2177 definitely create a civil liability
- As a result of this action of petitioners the civil liability b) presence of fault or negligence or the lack of due
distinct and different from the civil action arising from
of private respondents to the former has ceased to be care in the operation of the passenger bus No. 25 by
the offense of negligence under the Revised Penal
involved in the criminal action. Undoubtedly an respondent Pedro Tumala resulting in the collision of
Code. Since Civil Case No. 2850 is predicated on the
offended party loses his right to intervene in the the bus with the passenger car;
above civil code articles and not on the civil liability
prosecution of a criminal case, not only when he has c) physical injuries and other damages sustained by
imposed by the Revised Penal Code, I cannot see why a
waived the civil action or expressly reserved his right to petitioners as a result of the collision;
reservation had to be made in the criminal case. As to
institute, but also when he has actually instituted the d) existence of direct causal connection between the
the specific mention of Article 2177 in Section 2 of the
civil action. For by either of such actions his interest in damage or prejudice and the fault or negligence of
Rule 111, it is my considered view that the latter
the criminal case has disappeared. private respondents; and
provision is inoperative, it being substantive in
- As we have stated at the outset, the same negligent e) the absence of pre-existing contractual relations
character and is not within the power of the Supreme
act causing damages may produce a civil liability between the parties.
Court to promulgate, and even if it were not
arising from crime or create an action for quasi-delict or Reasoning
substantive but adjective, it cannot stand because of its
culpa extracontractual. The former is a violation of the - The circumstance that the complaint alleged that
inconsistency with Article 2177, an enactment of the
criminal law, while the latter is a distinct and respondents violated traffic rules in that the driver
legislature superseding the Rules of 1940.
independent negligence, having always had its own drove the vehicle "at a fast clip in a reckless, grossly
- Besides, the actual filing of Civil Case No. 2850 should
foundation and individuality. Some legal writers are of negligent and imprudent manner in violation of traffic
be deemed as the reservation required, there being no
the view that in accordance with Article 31, the civil rules and without due regard to the safety of the
showing that prejudice could be caused by doing so.
action based upon quasi-delict may proceed passengers aboard the PU car" does not detract from
- Accordingly, I concur in the judgment reversing the
independently of the criminal proceeding for criminal the nature and character of the action, as one based on
order of dismissal of the trial court in order that Civil
negligence and regardless of the result of the latter. culpa aquiliana. The violation of traffic rules is merely
Case No. 2850 may proceed, subject to the limitation
Hence, "the proviso in Section 2 of Rule 111 with descriptive of the failure of said driver to observe for
mentioned in the last sentence of Article 2177 of the
reference to . . . Articles 32, 33 and 34 of the Civil Code the protection of the interests of others, that degree of
Civil Code, which means that of the two possible
is contrary to the letter and spirit of the said articles, care, precaution and vigilance which the circumstances
judgments, the injured party is entitled
for these articles were drafted . . . and are intended to justly demand, which failure resulted in the injury on
exclusively to the bigger one.
constitute as exceptions to the general rule stated in petitioners. Certainly excessive speed in violation of
what is now Section 1 of Rule 111. The proviso, which is traffic rules is a clear indication of negligence. Since the
procedural, may also be regarded as an unauthorized same negligent act resulted in the filing of the criminal ANDAMO V IAC (Missionaries Of Our
amendment of substantive law, Articles 32, 33 and 34 action by the Chief of Police with the Municipal Court Lady Of La Salette, Inc)
torts & damages A2010 -9- prof. casis
191 SCRA 195 quasi-delicts such that the resulting civil case can between the parties make a clear case of a quasi delict
proceed independently of the criminal case or culpa aquiliana.
FERNAN; November 6, 1990
- It must be stressed that the use of one's property is
HELD not without limitations. Article 431 of the Civil Code
NATURE
Ratio YES. As held in In Azucena vs. Potenciano, in provides that "the owner of a thing cannot make use
Petition for certiorari, prohibition and mandamus
quasi-delicts, "(t)he civil action is entirely independent thereof in such a manner as to injure the rights of a
of the criminal case according to Articles 33 and 2177 third person." SIC UTERE TUO UT ALIENUM NON
FACTS
of the Civil Code. There can be no logical conclusion LAEDAS. Moreover, adjoining landowners have mutual
- Petitioner spouses Emmanuel and Natividad Andamo
than this, for to subordinate the civil action and reciprocal duties which require that each must use
are the owners of a parcel of land situated in Biga
contemplated in the said articles to the result of the his own land in a reasonable manner so as not to
(Biluso) Silang, Cavite which is adjacent to that of
criminal prosecution — whether it be conviction or infringe upon the rights and interests of others.
private respondent, Missionaries of Our Lady of La
acquittal — would render meaningless the independent Although we recognize the right of an owner to build
Salette, Inc., a religious corporation.
character of the civil action and the clear injunction in structures on his land, such structures must be so
- Within the land of respondent corporation, waterpaths
Article 31, that his action may proceed independently constructed and maintained using all reasonable care
and contrivances, including an artificial lake, were
of the criminal proceedings and regardless of the result so that they cannot be dangerous to adjoining
constructed, which allegedly inundated and eroded
of the latter." landowners and can withstand the usual and expected
petitioners' land, caused a young man to drown,
Reasoning forces of nature. If the structures cause injury or
damaged petitioners' crops and plants, washed away
- A careful examination of the complaint shows that the damage to an adjoining landowner or a third person,
costly fences, endangered the lives of petitioners and
civil action is one under Articles 2176 and 2177 of the the latter can claim indemnification for the injury or
their laborers during rainy and stormy seasons, and
Civil Code on quasi-delicts. All the elements of a quasi- damage suffered.
exposed plants and other improvements to destruction.
delict are present, to wit: (a) damages suffered by the - Article 2176 1of the Civil Code imposes a civil liability
- In July 1982, petitioners instituted a criminal action
plaintiff, (b) fault or negligence of the defendant, or on a person for damage caused by his act or omission
against Efren Musngi, Orlando Sapuay and Rutillo
some other person for whose acts he must respond; constituting fault or negligence.
Mallillin, officers and directors of respondent
and (c) the connection of cause and effect between the - Article 2176, whenever it refers to "fault or
corporation, for destruction by means of inundation
fault or negligence of the defendant and the damages negligence", covers not only acts "not punishable by
under Article 324 of the Revised Penal Code.
incurred by the plaintiff. law" but also acts criminal in character, whether
- On February 22, 1983, petitioners filed a civil case for
- The waterpaths and contrivances built by respondent intentional and voluntary or negligent. Consequently, a
damages with prayer for the issuance of a writ of
corporation are alleged to have inundated the land of separate civil action lies against the offender in a
preliminary injunction against respondent corporation.
petitioners. There is therefore, an assertion of a causal criminal act, whether or not he is criminally prosecuted
Hearings were conducted including ocular inspections
connection between the act of building these and found guilty or acquitted, provided that the
on the land.
waterpaths and the damage sustained by petitioners. offended party is not allowed, (if the tortfeasor is
- On April 26, 1984, the trial court issued an order
Such action if proven constitutes fault or negligence actually charged also criminally), to recover damages
suspending further hearings in the civil case until after
which may be the basis for the recovery of damages. on both scores, and would be entitled in such
judgment in the related Criminal Case. And later on
- In the case of Samson vs. Dionisio, the Court applied eventuality only to the bigger award of the two,
dismissed the Civil Case for lack of jurisdiction, as the
Article 1902, now Article 2176 of the Civil Code and assuming the awards made in the two cases vary.
criminal case which was instituted ahead of the civil
held that "any person who without due authority - The distinctness of quasi-delicta is shown in Article
case was still unresolved.The decision was based on
constructs a bank or dike, stopping the flow or 21772 of the Civil Code. According to the Report of the
Section 3 (a), Rule III of the Rules of Court which
communication between a creek or a lake and a river, Code Commission "the foregoing provision though at
provides that "criminal and civil actions arising from the
thereby causing loss and damages to a third party who, first sight startling, is not so novel or extraordinary
same offense may be instituted separately, but after
like the rest of the residents, is entitled to the use and when we consider the exact nature of criminal and civil
the criminal action has been commenced the civil
enjoyment of the stream or lake, shall be liable to the negligence. The former is a violation of the criminal
action cannot be instituted until final judgment has
payment of an indemnity for loss and damages to the law, while the latter is a distinct and independent
been rendered in the criminal action."
injured party. negligence, which is a "culpa aquiliana" or quasi-delict,
- Petitioners appealed from that order to the
- While the property involved in the cited case belonged of ancient origin, having always had its own foundation
Intermediate Appellate Court.
to the public domain and the property subject of the and individuality, separate from criminal negligence.
- On February 17, 1986, respondent Appellate Court
instant case is privately owned, the fact remains that
affirmed the order of the trial court. A motion for
petitioners' complaint sufficiently alleges that 1
reconsideration filed by petitioners was denied by the
petitioners have sustained and will continue to sustain Article 2176. Whoever by act or omission causes damage to another,
Appellate Court . there being fault or negligence, is obliged to pay for the damage done.
damage due to the waterpaths and contrivances built
Such fault or negligence, if there is no pre-existing contractual relation
by respondent corporation. Indeed, the recitals of the between the parties, is called a quasi-delict and is governed by the
ISSUE
complaint, the alleged presence of damage to the provisions of this chapter.
WON a corporation, which has built through its agents, 2
petitioners, the act or omission of respondent
waterpaths, water conductors and contrivances within Article 2177. Responsibility for fault or negligence under the preceding
corporation supposedly constituting fault or negligence, article is entirely separate and distinct from the civil liability arising from
its land, thereby causing inundation and damage to an
and the causal connection between the act and the negligence under the Penal Code. But the plaintiff cannot recover
adjacent land, can be held civilly liable for damages damages twice for the same act or omission of the defendant.
damage, with no pre-existing contractual obligation
under Articles 2176 and 2177 of the Civil Code on
torts & damages A2010 - 10 - prof. casis
Such distinction between criminal negligence and where the company dumped in the cinders and ashes ART. 1908 The owners shall also be liable for the
"culpa extra-contractual" or "cuasi-delito" has been from its furnaces. Here they found some twenty or damage caused —
sustained by decisions of the Supreme Court of Spain ... thirty brass fulminating caps scattered on the ground. 1 By the explosion of machines which may not have
In the case of Castillo vs. Court of Appeals, this Court They are intended for use in the explosion of blasting been cared for with due diligence, and for kindling of
held that a quasi-delict or culpa aquiliana is a separate charges of dynamite, and have in themselves a explosive substances which may not have been
legal institution under the Civil Code with a considerable explosive power. they opened one of the placed in a safe and proper place.
substantivity all its own, and individuality that is caps with a knife, and finding that it was filled with a - Counsel for the defendant and appellant rests his
entirely apart and independent from a delict or crime — yellowish substance they got matches, and David held appeal strictly upon his contention that the facts
a distinction exists between the civil liability arising the cap while Manuel applied a lighted match to the proven at the trial do not established the liability of the
from a crime and the responsibility for quasi-delicts or contents. An explosion followed, causing more or less defendant company under the provisions of these
culpa extra-contractual. The same negligence causing serious injuries to all three. Jessie, who when the boys articles.
damages may produce civil liability arising from a crime proposed putting a match to the contents of the cap,
under the Penal Code, or create an action for quasi- became frightened and started to run away, received a ISSUE
delicts or culpa extra-contractual under the Civil Code. slight cut in the neck. Manuel had his hand burned and WON the defendants negligence is the proximate cause
Therefore, the acquittal or conviction in the criminal wounded, and David was struck in the face by several of plaintiff's injuries
case is entirely irrelevant in the civil case, unless, of particles of the metal capsule, one of which injured his
course, in the event of an acquittal where the court has right eye to such an extent as to the necessitate its HELD
declared that the fact from which the civil action arose removal by the surgeons who were called in to care for NO
did not exist, in which case the extinction of the his wounds. - We are of opinion that under all the circumstances of
criminal liability would carry with it the extinction of the - The evidence does definitely and conclusively disclose this case the negligence of the defendant in leaving the
civil liability. how the caps came to be on the defendant's premises, caps exposed on its premises was not the proximate
nor how long they had been there when the boys found cause of the injury received by the plaintiff.
TAYLOR V MANILA ELECTRIC them. - We agree with counsel for appellant that under the
- No measures seems to have been adopted by the Civil Code, as under the generally accepted doctrine in
16 PHIL 8
defendant company to prohibit or prevent visitors from the United States, the plaintiff in an action such as that
CARSON; March 22, 1910 entering and walking about its premises unattended, under consideration, in order to establish his right to a
when they felt disposed so to do. recovery, must establish by competent evidence:
NATURE - The trial court's decision, awarding damages to the (1) Damages to the plaintiff.
An action to recover damages for the loss of an eye and plaintiff, upon the provisions of article 1089 of the Civil (2) Negligence by act or omission of which defendant
other injuries, instituted by David Taylor, a minor, by Code read together with articles 1902, 1903, and 1908 personally, or some person for whose acts it must
his father, his nearest relative. of that code. respond, was guilty.
ART. 1089 Obligations are created by law, by (3) The connection of cause and effect between the
FACTS contracts, by quasi-contracts, and illicit acts and negligence and the damage.
- The defendant is a foreign corporation engaged in the omissions or by those in which any kind of fault or - These proposition are, of course, elementary, and do
operation of a street railway and an electric light negligence occurs. not admit of discussion, the real difficulty arising in the
system in the city of Manila. The plaintiff, David Taylor, ART. 1902 A person who by an act or omission application of these principles to the particular facts
was at the time when he received the injuries causes damage to another when there is fault or developed in the case under consideration.
complained of, 15 years of age, the son of a mechanical negligence shall be obliged to repair the damage so - It is clear that the accident could not have happened
engineer, more mature than the average boy of his done. and not the fulminating caps been left exposed at the
age, and having considerable aptitude and training in ART. 1903 The obligation imposed by the preceding point where they were found, or if their owner had
mechanics. article is demandable, not only for personal acts and exercised due care in keeping them in an appropriate
- On the 30th of September, 1905, plaintiff, with a boy omissions, but also for those of the persons for whom place; but it is equally clear that plaintiff would not
named Manuel Claparols, about 12 years of age, they should be responsible. have been injured had he not, for his own pleasure and
crossed the footbridge to the Isla del Provisor, for the The father, and on his death or incapacity the convenience, entered upon the defendant's premises,
purpose of visiting one Murphy, an employee of the mother, is liable for the damages caused by the and strolled around thereon without the express
defendant, who and promised to make them a cylinder minors who live with them. permission of the defendant, and had he not picked up
for a miniature engine. Finding on inquiry that Mr. Owners or directors of an establishment or enterprise and carried away the property of the defendant which
Murphy was not in his quarters, the boys, impelled are equally liable for damages caused by their he found on its premises, and had he not thereafter
apparently by youthful curiosity and perhaps by the employees in the service of the branches in which deliberately cut open one of the caps and applied a
unusual interest which both seem to have taken in the latter may be employed or on account of their match to its contents.
machinery, spent some time in wandering about the duties. - But counsel for plaintiff contends that because of
company's premises. The liability referred to in this article shall cease plaintiff's youth and inexperience, his entry upon
- After watching the operation of the travelling crane when the persons mentioned therein prove that they defendant company's premises, and the intervention of
used in handling the defendant's coal, they walked employed all the diligence of a good father of a his action between the negligent act of defendant in
across the open space in the neighborhood of the place family to avoid the damage. leaving the caps exposed on its premises and the
torts & damages A2010 - 11 - prof. casis
accident which resulted in his injury should not be held cause of the injury received by the plaintiff, which not have been incurred but for the negligence act of
to have contributed in any wise to the accident, which therefore was not, properly speaking, "attributable to the defendant in leaving the caps exposed on its
should be deemed to be the direct result of defendant's the negligence of the defendant," and, on the other premises, nevertheless plaintiff's own act was the
negligence in leaving the caps exposed at the place hand, we are satisfied that plaintiffs action in cutting proximate and principal cause of the accident which
where they were found by the plaintiff, and this latter open the detonating cap and putting match to its inflicted the injury.
the proximate cause of the accident which occasioned contents was the proximate cause of the explosion and
the injuries sustained by him. of the resultant injuries inflicted upon the plaintiff, and
TAYAG V ALCANTARA
- In support of his contention, counsel for plaintiff relies that the defendant, therefore is not civilly responsible
on the doctrine laid down in many of the courts of last for the injuries thus incurred. Plaintiff contends, upon 98 SCRA 723
resort in the United States in the cases known as the the authority of the Turntable and Torpedo cases, that CONCEPCION; July 23, 1980
"Torpedo" and "Turntable" cases, and the cases based because of plaintiff's youth the intervention of his
thereon. action between the negligent act of the defendant in NATURE
- As laid down in Railroad Co. vs. Stout (17 Wall. (84 U. leaving the caps exposed on its premises and the Petition for review on certiorari the order of CFI Tarlac
S.), 657), wherein the principal question was whether a explosion which resulted in his injury should not be held (dismissing petition for damages)
railroad company was liable for in injury received by an to have contributed in any wise to the accident; and it
infant while upon its premises, from idle curiosity, or for is because we can not agree with this proposition, FACTS
purposes of amusement, if such injury was, under although we accept the doctrine of the Turntable and - Pedro Tayag was riding a motorcycle when he was
circumstances, attributable to the negligence of the Torpedo cases, that we have thought proper to discuss bumped by a Philippine Rabbit Bus, driven by Romeo
company), the principles on which these cases turn are and to consider that doctrine at length in this decision. Villa, which caused his instantaneous death. Pending
that "while a railroad company is not bound to the - In the case at bar, plaintiff at the time of the accident the criminal case against the driver, the heirs of Tayag
same degree of care in regard to mere strangers who was a well-grown youth of 15, more mature both instituted a civil action to recover damages from the
are unlawfully upon its premises that it owes to mentally and physically than the average boy of his company (Phil Rabbit Bus Inc) and the driver. In turn,
passengers conveyed by it, it is not exempt from age; he had been to sea as a cabin boy; was able to the company and driver filed a motion to suspend trial
responsibility to such strangers for injuries arising from earn P2.50 a day as a mechanical draftsman thirty days of the civil case on the ground that the criminal case
its negligence or from its tortious acts;" and that "the after the injury was incurred; and the record discloses was still pending. Judge Alcantara granted this motion.
conduct of an infant of tender years is not to be judged throughout that he was exceptionally well qualified to - In the criminal case, the driver as acquitted based on
by the same rule which governs that of adult. While it is take care of himself. The evidence of record leaves no reasonable doubt. The company and driver then filed
the general rule in regard to an adult that to entitle him room for doubt that, despite his denials on the witness for dismissal of the civil case on the ground that the
to recover damages for an injury resulting from the stand, he well knew the explosive character of the cap heirs do not have a cause of action because of the
fault or negligence of another he must himself have with which he was amusing himself. acquittal. Judge Alcantara granted this and dismissed
been free from fault, such is not the rule in regard to an - True, he may not have known and probably did not the civil case.
infant of tender years. The care and caution required of know the precise nature of the explosion which might
a child is according to his maturity and capacity only, be expected from the ignition of the contents of the ISSUE
and this is to be determined in each case by the cap, and of course he did not anticipate the resultant WON Judge Alcantara correctly dismissed the civil case
circumstances of the case." injuries which he incurred; but he well knew that a on the ground of no cause of action due to the acquittal
- The doctrine of the case of Railroad Company vs. more or less dangerous explosion might be expected of the driver
Stout was vigorously controverted and sharply from his act, and yet he willfully, recklessly, and
criticized in several courts. But the doctrine of the case knowingly produced the explosion. It would be going far HELD
is controlling in our jurisdiction. to say that "according to his maturity and capacity" he 1. NO
- This conclusion is founded on reason, justice, and exercised such and "care and caution" as might Ratio The petitioners' cause of action being based on
necessity, and neither is contention that a man has a reasonably be required of him, or that defendant or a quasi-delict, the acquittal of the driver of the crime
right to do what will with his own property or that anyone else should be held civilly responsible for charged is not a bar to the prosecution for damages
children should be kept under the care of their parents injuries incurred by him under such circumstances. based on quasi-delict
or guardians, so as to prevent their entering on the We are satisfied that the plaintiff in this case had Reasoning
premises of others is of sufficient weight to put in sufficient capacity and understanding to be sensible of - Art. 31, NCC provides: “When the civil action is based
doubt. the danger to which he exposed himself when he put on an obligation not arising from the act or omission
- But while we hold that the entry of the plaintiff upon the match to the contents of the cap; that he was sui complained of as a felony, such civil action may
defendant's property without defendant's express juris in the sense that his age and his experience proceed independently of the criminal proceedings and
invitation or permission would not have relieved qualified him to understand and appreciate the regardless of the result of the latter”
defendant from responsibility for injuries incurred there necessity for the exercise of that degree of caution - Evidently, this provision refers to a civil action based
by plaintiff, without other fault on his part, if such injury which would have avoided the injury which resulted on an obligation arising from quasi-delict. The
were attributable to the negligence of the defendant, from his own deliberate act; and that the injury complaint itself shows that the claim was based on
we are of opinion that under all the circumstances of incurred by him must be held to have been the direct quasi-delit, viz:
this case the negligence of the defendant in leaving the and immediate result of his own willful and reckless act, “6. That defendant Philippine Rabbit Bus Lino, Inc., has
caps exposed on its premises was not the proximate so that while it may be true that these injuries would failed to exercise the diligence of a good father of a
torts & damages A2010 - 12 - prof. casis
family in the selection and supervision of its NATURE guns and told the driver, Rogelio Ligon, and his
employees, particularly defendant Romeo Villa y Appeal from the judgment of the RTC Manila companion, Fernando Gabat, to alight from the Kombi.
Cunanan. Otherwise, the accident in question which It was found out that there was a third person inside
resulted in the death of Pedro Tayag, Sr. and damage FACTS the Kombi, a certain Rodolfo Primicias who was
to his property would not have occurred;” - February 17, 1986, RTC convicted Fernando Gabat, of sleeping at the rear seat.
All the essential averments for a quasi-delictual action Robbery with Homicide and sentencing him to reclusion - The three were all brought by the police officers to the
are present: perpetua where he robbed and killed Jose Rosales y Western Police District and turned over to Pfc. Fermin
(1) act or omission constituting fault /negligence on the Ortiz, a seventeen-year old working student who was Payuan. The taxicab driver, Prudencio Castillo, also
part of respondent earning his keep as a cigarette vendor. He was went along with them. Payuan also prepared a Traffic
(2) damage caused by the said act or omission allegedly robbed of his cigarette box containing Accident Report, dated October 23, 1983.6 Fernando
(3) direct causal relation between the damage and the cigarettes worth P300.00 more or less. Rogelio Gabat and Rodolfo Primicias were released early
act or omission and Ligon,the co-accused, was never apprehended and is morning the following day, but Rogelio Ligon was
(4) no preexisting contractual relation between the still at large. detained and turned over to the City Fiscal's Office for
parties. - October 23, 1983 - at about 6:10 p.m. Gabat, was further investigation.
Citing Elcano v Hill: a separate civil action lies against riding in a 1978 Volkswagen Kombi owned by his father - December 6, 1983 - Investigating Fiscal Cantos, filed
the offender in a criminal act, WON he is criminally and driven by the other accused, Ligon which was an information against Rogelio Ligon charging him with
prosecuted and found guilty or acquitted, provided that coming from España Street going towards the direction Homicide thru Reckless Imprudence.
offended party is not allowed to recover damages on of Quiapo. At the intersection of Quezon Boulevard and - October 31, 1983 - an autopsy was conducted by the
both scores Lerma Street before turning left towards the underpass medico-legal officer of NBI which stated the cause of
DISPOSITION petition granted. Order of CFI Tarlac set at C.M. Recto Avenue, they stopped. While waiting, death of Rosales as "pneumonia hypostatic, bilateral,
aside, case REMANDED to lower court for further Gabat beckoned a cigarette vendor, Rosales to buy secondary to traumatic injuries of the head."
proceedings. some cigarettes from him. Rosales approached the - June 28, 1984 - Assistant Fiscal Cantos filed another
Kombi and handed Gabat two sticks of cigarettes. While information against Rogelio Ligon and Fernando Gabat
SEPARATE OPINION this transaction was occurring, the traffic light changed for Robbery with Homicide based on a Supplemental
to green, and the Kombi driven by Rogelio Ligon Affidavit of Prudencio Castillo and a joint affidavit of
suddenly moved forward. As to what precisely Armando Espino and Romeo Castil, cigarette vendors,
AQUINO [concur] happened between Gabat and Rosales at the who allegedly witnessed the incident . These affidavits
- I concur because petitioners' action for damages is crucial moment, and immediately thereafter, is were already prepared and merely sworn to before
based on article 2177 of the Civil Code, under which the subject of conflicting versions by the Fiscal Cantos on January 17, 1984.
according to the Code Commission, "acquittal from an prosecution and the defense. It is not controverted, - prosecution tried to establish, through the sole
accusation of criminal negligence, whether on however, that as the Kombi continued to speed towards testimony of the taxicab driver that Gabat grabbed the
reasonable doubt or not, shall not be a bar to a Quiapo, Rosales clung to the window of the Kombi box of cigarettes from Rosales and pried loose the
subsequent civil action, not for civil liability from but apparently lost his grip and fell down on the latter's hand from the window of the Kombi, resulting in
criminal negligence, but for damages due to a quasi- pavement. Rosales was rushed by some bystanders to the latter falling down and hitting the pavement.
delict or culpa aquiliana". the Philippine General Hospital, where he was treated - The trial court gave full credence to the prosecution's
Article 33 of the Civil Code also justifies the petitioners' for multiple physical injuries and was confined thereat version, stating that there can be no doubt that Gabat
independent civil action for damages since the term until his death on October 30, 1983. forcibly took or grabbed the cigarette box from Rosales
"physical injuries" therein embraces death (Dyogi vs. - Following close behind (about 3 meters) the Kombi at because, otherwise, there could be no reason for the
Yatco, 100 Phil. 1095). the time of the incident was a taxicab driven by latter to run after the Kombi and hang on to its window.
- Moreover, the acquittal of Romeo Villa was based on Castillo. He was traveling on the same lane in a slightly The court also believed Castillo's testimony that Gabat
reasonable doubt. The petitioners, as plaintiffs in the oblique position. The Kombi did not stop after the forcibly removed or pried off the right hand of Rosales
civil case, can amend their complaint and base their victim fell down on the pavement near the foot of the from the windowsill of the Kombi, otherwise, the latter
action also on article 29 NCC which allows an underpass, Castillo pursued it as it sped towards Roxas could not have fallen down, having already been able
independent civil action for damages in case of Boulevard, beeping his horn to make the driver stop. to balance himself on the stepboard.
acquittal on the ground of reasonable doubt. When they reached the Luneta near the Rizal - On the other hand, the trial court dismissed as
- The requirement in section 2, Rule III of the Rules of monument, Castillo saw an owner-type jeep with two incredible the testimony of Gabat that the cigarette
Court that there should be a reservation in the criminal persons in it. He sought their assistance in chasing the vendor placed the cigarette box on the windowsill of
cases of the right to institute an independent civil Kombi, telling them "nakaaksidente ng tao." The two the Kombi, holding it with his left hand, while he was
action is contrary to law. men in the jeep joined the chase and at the intersection trying to get from his pocket the change for the 5peso
of Vito Cruz and Roxas Boulevard, Castillo was able to bill of Gabat. The court said that it is of common
PEOPLE V LIGON overtake the Kombi when the traffic light turned red. knowledge that cigarette vendors plying their trade in
He immediately blocked the Kombi while the jeep the streets do not let go of their cigarette box; no
152 SCRA 419 pulled up right behind it. The two men on board the vendor lets go of his precious box of cigarettes in order
YAP; July 29, 1987 jeep turned out to be police officers, Patrolmen to change a peso bill given by a customer.
Leonardo Pugao and Peter Ignacio. They drew their
torts & damages A2010 - 13 - prof. casis
ISSUE preponderance of evidence is required in a civil action
WON the prosecution’s set of facts should be given for damages. FACTS
credence - Article 29 of the Civil Code, which provides that the - Petitioners, on or about February 8, 1964, went to the
acquittal of the accused on the ground that his guilt has public market to execute an alleged order of the Mayor
HELD not been proved beyond reasonable doubt does not to clear the public market of stalls which were
NO necessarily exempt him from civil liability for the same considered as nuisance per se. The stall of one Antonio
- a careful review of the record shows that certain act or omission, has been explained by the Code Vergara was demolished pursuant to this order. In the
material facts and circumstances had been overlooked Commission as follows: process however the stock in trade and certain
by the trial court which, if taken into account, would "The old rule that the acquittal of the accused in a furniture of Vergara were lost and destroyed.
alter the result of the case in that they would introduce criminal case also releases him from civil liability is one - The petitioners were found guilty of grave coercion
an element of reasonable doubt which would entitle the of the most serious flaws in the Philippine legal system. after trial at the CFI and were sentenced to five months
accused to acquittal. It has given rise to numberless instances of miscarriage and one day imprisonment and ordered to pay fines.
- While the prosecution witness, Castillo, may be a of justice, where the acquittal was due to a reasonable - On appeal, the CA reversed the findings of the CFI and
disinterested witness with no motive, according to the doubt in the mind of the court as to the guilt of the acquitted the appellants based on reasonable doubt but
court a quo, "other than to see that justice be done," accused. The reasoning followed is that inasmuch as nonetheless ordered them to pay P9,600.00 as actual
his testimony, even if not tainted with bias, is not the civil responsibility is derived from the criminal damages. The decision of the CA was based on the fact
entirely free from doubt because his observation of the offense, when the latter is not proved, civil liability that the petitioners were charged with coercion when
event could have been faulty or mistaken. The taxicab cannot be demanded. they should have been more appropriately charged
which Castillo was driving was lower in height "This is one of those cases where confused thinking with crime against person. Hence, the crime of grave
compared to the Kombi in which Gabat was riding-a leads to unfortunate and deplorable consequences. coercion was not proved in accordance with the law.
fact admitted by Castillo at the trial. Such reasoning fails to draw a clear line of demarcation - The petitioner filed the appeal to the SC questioning
- Judicial notice may also be taken of the fact that the between criminal liability and civil responsibility, and to the grant of actual damages despite a no guilty verdict.
rear windshield of the 1978 Volkswagon Kombi is on determine the logical result of the distinction. The two
the upper portion, occupying approximately one-third liabilities are separate and distinct from each other, ISSUE
(1/3) of the rear end of the vehicle, thus making it One affects the social order and the other, private WON the CA committed a reversible error in requiring
visually difficult for Castillo to observe clearly what rights. One is for the punishment or correction of the the petitioners to pay civil indemnity to the
transpired inside the Kombi at the front end where offender while the other is for reparation of damages complainants after acquitting them from the criminal
Gabat was seated. These are circumstances which suffered by the aggrieved party. The two charge
must be taken into consideration in evaluating Castillo's responsibilities are so different from each other that
testimony as to what exactly happened between Gabat article 1813 of the present (Spanish) Civil Code reads
and the cigarette vendor during that crucial moment thus: "There may be a compromise upon the civil action HELD
before the latter fell down. As the taxicab was right arising from a crime; but the public action for the NO
behind the Kombi, following it at a distance of about imposition of the legal penalty shall not thereby be - The SC, quoting Section 3 (C) of Rule 111 of the Rules
three meters, Castillo's line of vision was partially extinguished." It is just and proper that, for the of Court and various jurisprudence including PNB vs
obstructed by the back part of the Kombi. His testimony purposes of the imprisonment of or fine upon the Catipon, De Guzman vs Alvia, held that extinction of
that he saw Gabat grab the cigarette box from Rosales accused, the offense should be proved beyond the penal action does not carry with it the extinction of
and forcibly pry loose the latter's hand from the reasonable doubt. But for the purpose of indemnifying the civil, unless the extinction proceeds from a
windowsill of the Kombi is thus subject to a reasonable the complaining party, why should the offense also be declaration in the final judgment that the facts from
doubt, specially considering that this occurrence proved beyond reasonable doubt? Is not the invasion or which the civil action might arise did not exist. In the
happened in just a matter of seconds, and both violation of every private right to be proved only by a case at bar, the judgment of not guilty was based on
vehicles during that time were moving fast in the preponderance of evidence? Is the right of the reasonable doubt. Since the standard of proof to be
traffic. aggrieved person any less private because the wrongful used in civil cases is preponderance of evidence, the
- Considering the above circumstances, the Court is not act is also punishable by the criminal law? court express a finding that the defendants’ offenses
convinced with moral certainty that the guilt of the DISPOSITION Appellant acquitted for the crime of are civil in nature.
accused Fernando Gabat has been established beyond robbery and homicide, but sentenced to indemnify the - The Court also tackled the provision of Article 29 of
reasonable doubt. In our view, the quantum of proof heirs of Jose Rosales y Ortiz. the Civil Code to clarify whether a separate civil action
necessary to sustain Gabat's conviction of so serious a is required when the accused in a criminal prosecution
crime as robbery with homicide has not been met in PADILLA V CA (Vergara) is acquitted on the ground that his guilt has not been
this case. He is therefore entitled to acquittal on proved beyond reasonable doubt. The SC took the
129 SCRA 558
reasonable doubt. position that the said provision merely emphasizes that
- However, it does not follow that a person who is not GUTIERREZ; [date] a civil action for damages is not precluded by an
criminally liable is also free from civil liability. While the acquittal for the same criminal act. The acquittal
guilt of the accused in a criminal prosecution must be NATURE extinguishes the criminal liability but not the civil
established beyond reasonable doubt, only a Petition of rcertiorari to revies the decision of the Court liability particularly if the finding is not guilty based on
of Appeals reasonable ground.
torts & damages A2010 - 14 - prof. casis
as soon as it arrived. of qualified physicians stems from its realization that
- At around 10pm, she went into shock and her blood the latter possess unusual technical skills which laymen
CRUZ V CA (UMALI)
pressure dropped to 60/50. Lydia's unstable condition in most instances are incapable of intelligently
282 SCRA 188 necessitated her transfer to the San Pablo District evaluating. Expert testimony should have been offered
FRANCISCO; 1997 Hospital so she could be connected to a respirator and to prove that the circumstances cited by the courts
further examined. The transfer to the San Pablo City below are constitutive of conduct falling below the
NATURE District Hospital was without the prior consent of standard of care employed by other physicians in good
Civil action for damages in a medical malpractice suit. Rowena nor of the other relatives present who found standing when performing the same operation. It must
out about the intended transfer only when an be remembered that when the qualifications of a
FACTS ambulance arrived to take Lydia to the San Pablo physician are admitted, as in the instant case, there is
- Rowena Umali De Ocampo accompanied her mother District Hospital. Rowena and her other relatives then an inevitable presumption that in proper cases he takes
to the Perpetual Help Clinic and General Hospital. Prior boarded a tricycle and followed the ambulance. the necessary precaution and employs the best of his
to March 22, 1991, Lydia was examined by the - Upon Lydia's arrival at the San Pablo District Hospital, knowledge and skill in attending to his clients, unless
petitioner who found a "myoma" in her uterus, and she was wheeled into the operating room and the the contrary is sufficiently established. This
scheduled her for a hysterectomy operation on March petitioner and Dr. Ercillo re-operated on her because presumption is rebuttable by expert opinion which is so
23, 1991. there was blood oozing from the abdominal incision. sadly lacking in the case at bench.
- Rowena and her mother slept in the clinic on the The attending physicians summoned Dr. Bartolome - Even without expert testimony, that petitioner was
evening of March 22, 1991 as the latter was to be Angeles, head of the Obstetrics and Gynecology recklessly imprudent in the exercise of her duties as a
operated on the next day at 1:00 o'clock in the Department of the San Pablo District Hospital. surgeon, no cogent proof exists that any of these
afternoon. According to Rowena, she noticed that the However, when Dr. Angeles arrived, Lydia was already circumstances caused petitioner's death. Thus, the
clinic was untidy and the window and the floor were in shock and possibly dead as her blood pressure was absence of the fourth element of reckless imprudence:
very dusty prompting her to ask the attendant for a rag already 0/0. While petitioner was closing the abdominal that the injury to the person or property was a
to wipe the window and the floor with. Because of the wall, the patient died. Her death certificate states consequence of the reckless imprudence.
untidy state of the clinic, Rowena tried to persuade her "shock" as the immediate cause of death and - In litigations involving medical negligence, the plaintiff
mother not to proceed with the operation. "Disseminated Intravascular Coagulation (DIC)" as the has the burden of establishing appellant's negligence
- The following day, Rowena asked the petitioner if the antecedent cause. and for a reasonable conclusion of negligence, there
operation could be postponed. The petitioner called must be proof of breach of duty on the part of the
Lydia into her office and the two had a conversation. ISSUE surgeon as well as a casual connection of such breach
Lydia then informed Rowena that the petitioner told her WON the circumstances are sufficient to sustain a and the resulting death of his patient.
that she must be operated on as scheduled. judgment of conviction against the petitioner for the
- Rowena and her other relatives waited outside the crime of reckless imprudence resulting in homicide PHIL. RABBIT V PEOPLE
operating room while Lydia underwent operation. While
[citation]
they were waiting, Dr. Ercillo went out of the operating HELD
room and instructed them to buy tagamet ampules NO PANGANIBAN; April 14, 2004
which Rowena's sister immediately bought. About one - The elements of reckless imprudence are: (1) that the
hour had passed when Dr. Ercillo came out again this offender does or fails to do an act; (2) that the doing or NATURE
time to ask them to buy blood for Lydia. They bought the failure to do that act is voluntary; (3) that it be Petition for Review
type "A" blood and the same was brought by the without malice; (4) that material damage results from
attendant into the operating room. the reckless imprudence; and (5) that there is FACTS
- After the lapse of a few hours, the petitioner informed inexcusable lack of precaution on the part of the - Napoleon Macadangdang was found guilty and
them that the operation was finished. The operating offender, taking into consideration his employment or convicted of the crime of reckless imprudence resulting
staff then went inside the petitioner's clinic to take their occupation, degree of intelligence, physical condition, to triple homicide, multiple physical injuries and
snacks. Some thirty minutes after, Lydia was brought and other circumstances regarding persons, time and damage to property and was sentenced to suffer the
out of the operating room in a stretcher and the place. penalty of 4 years, 9 months and 11 days to 6 years,
petitioner asked Rowena and the other relatives to buy - WON has committed an "inexcusable lack of and to pay damages. But in the event the the accused
additional blood for Lydia. Unfortunately, they were not precaution" in the treatment of his patient is to be becoems insolvent, Phil. Rabbit will be held liable for
able to comply with petitioner's order as there was no determined according to the standard of care observed the civil liabilities. But admittedly, the accused jumped
more type "A" blood available in the blood bank. by other members of the profession in good standing bail and remained at large.
- Thereafter, a person arrived to donate blood which under similar circumstances bearing in mind the
was later transfused to Lydia. Rowena then noticed her advanced state of the profession at the time of ISSUE
mother, who was attached to an oxygen tank, gasping treatment or the present state of medical science. WON an employer, who dutifully participated in the
for breath. Apparently the oxygen supply had run out - For whether a physician or surgeon has exercised the defense of its accused-employee, may appeal the
and Rowena's husband together with the driver of the requisite degree of skill and care in the treatment of his judgment of conviction independently of the accused
accused had to go to the San Pablo District Hospital to patient is, in the generality of cases, a matter of expert
get oxygen. Lydia was given the fresh supply of oxygen opinion. The deference of courts to the expert opinion HELD
torts & damages A2010 - 15 - prof. casis
NO FACTS medical and surgical fees and for other expenses in
- The accused cannot be accorded the right to appeal - Jose Cangco, was employed by Manila Railroad connection with the process of his curation.
unless they voluntarily submit to the jurisdiction of the Company as clerk. He lived in San Mateo, Rizal, located - August 31, 1915, he instituted this proceeding in the
court or are otherwise arrested within 15 days from upon the line of the defendant railroad company; and in CFI Manilato recover damages of the defendant
notice of the judgment against them. While at large, coming daily by train to the company's office in the city company, founding his action upon the negligence of
they cannot seek relief from the court, as they are of Manila where he worked, he used a pass, supplied by the servants and employees of the defendant in placing
deemed to have waived the appeal. In the case before the company, which entitled him to ride upon the the sacks of melons upon the platform and in leaving
us, the accused-employee has escaped and refused to company's trains free of charge. them so placed as to be a menace to the security of
surrender to the proper authorities; thus, he is deemed - January 20, 1915, the plaintiff was returning home by passenger alighting from the company's trains. At the
to have abandoned his appeal. Consequently, the rail from his daily labors; and as the train drew up to hearing in the CFI, the trial judge, found the facts
judgment against him has become final and executory. the station in San Mateo the plaintiff while making his substantially as above stated, and although negligence
- After a judgment has become final, vested rights are exit through the door, took his position upon the steps was attributable to the defendant by reason of the fact
acquired by the winning party. If the proper losing of the coach. that the sacks of melons were so placed as to obstruct
party has the right to file an appeal within the - On the side of the train where passengers alight at the passengers passing to and from the cars, nevertheless,
prescribed period, then the former has the correlative San Mateo station there is a cement platform which the plaintiff himself had failed to use due caution in
right to enjoy the finality of the resolution of the case. begins to rise with a moderate gradient some distance alighting from the coach and was therefore precluded
- In fact, petitioner admits that by helping the accused- away from the company's office and extends along in from recovering. Judgment was accordingly entered in
employee, it participated in the proceedings before the front of said office for a distance sufficient to cover the favor of the defendant company, and the plaintiff
RTC; thus, it cannot be said that the employer was length of several coaches. As the train slowed down appealed.
deprived of due process. It might have lost its right to another passenger, Emilio Zuniga, also an employee of
appeal, but it was not denied its day in court. In fact, it the railroad company, got off the same car, alighting ISSUE
can be said that by jumping bail, the accused- safely at the point where the platform begins to rise WON there was contributory negligence on the part of
employee, not the court, deprived petitioner of the from the level of the ground. When Jose Cangco the plaintiff
right to appeal. stepped off, one or both of his feet came in contact
- On Subsidiary Liability Upon Finality of Judgment: with a sack of watermelons with the result that his feet HELD
- Under Article 103 of the Revised Penal Code, slipped from under him and he fell violently on the NO
employers are subsidiarily liable for the adjudicated platform. His body at once rolled from the platform and Ratio In determining the question of contributory
civil liabilities of their employees in the event of the was drawn under the moving car, where his right arm negligence in performing such act - that is to say,
latter’s insolvency. was badly crushed and lacerated. After the plaintiff whether the passenger acted prudently or recklessly -
- To allow employers to dispute the civil liability fixed in alighted from the train the car moved forward possibly the age, sex, and physical condition of the passenger
a criminal case would enable them to amend, nullify or six meters before it came to a full stop. are circumstances necessarily affecting the safety of
defeat a final judgment rendered by a competent court. - The accident occurred on a dark night, and the train the passenger, and should be considered.
By the same token, to allow them to appeal the final station was lit dimly by a single light located some Reasoning
criminal conviction of their employees without the distance away, objects on the platform where the - The employees of the railroad company were guilty of
latter’s consent would also result in improperly accident occurred were difficult to discern, especially to negligence in piling these sacks on the platform. Their
amending, nullifying or defeating the judgment. a person emerging from a lighted car. presence caused the plaintiff to fall as he alighted from
- The decision convicting an employee in a criminal - The sack of melons on the platform is because it was the train; and that they constituted an effective legal
case is binding and conclusive upon the employer not the customary season for harvesting these melons and cause of the injuries sustained by the plaintiff. It follows
only with regard to the former’s civil liability, but also a large lot had been brought to the station for shipment that the defendant company is liable for the damage
with regard to its amount. The liability of an employer to the market. This row of sacks was so placed that unless recovery is barred by the plaintiff's own
cannot be separated from that of the employee. there was a space of only about two feet between the contributory negligence.
DISPOSITION Petition is hereby DENIED, and the sacks of melons and the edge of the platform; and it is - The foundation of the legal liability of the defendant is
assailed Resolutions AFFIRMED. Costs against clear that the fall of the plaintiff was due to the fact the contract of carriage, and that the obligation to
petitioner. that his foot alighted upon one of these melons at the respond for the damage which plaintiff has suffered
moment he stepped upon the platform. His statement arises from the breach of that contract by reason of the
that he failed to see these objects in the darkness is failure of defendant to exercise due care in its
CANGCO V MANILA RAILROAD CO
readily to be credited. performance.
38 Phil 768 - The plaintiff was drawn from under the car in an - Its liability is direct and immediate, imposed by
FISHER; October 14, 1918 unconscious condition, and with serious injuries. He article 1903 of the Civil Code, which can be rebutted by
was immediately brought to a hospital where an proof of the exercise of due care in their selection and
NATURE examination was made and his arm was amputated. supervision. Article 1903 of the Civil Code is not
An appeal from a judgment of the Court of First The plaintiff was then carried to another hospital where applicable to obligations arising ex contractu, but only
Instance disallowing the claim of the plaintiff for P1,000 a second operation was performed and the member to extra-contractual obligations
against the estate of the deceased James P. McElroy. was again amputated higher up near the shoulder. - In commenting upon article 1093, Manresa clearly
Expenses reached the sum of P790.25 in the form of points out the difference between "culpa, substantive
torts & damages A2010 - 16 - prof. casis
and independent, which of itself constitutes the source duties which civilized society imposes upon its roadbed and the surrounding ground. The distance
of an obligation between persons not formerly members, or which arise from these relations, other from the steps of the car to the spot where the
connected by any legal tie" and culpa considered as an than contractual, of certain members of society to alighting passenger would place his feet on the
"accident in the performance of an obligation already others, generally embraced in the concept of status. platform was thus reduced, thereby decreasing the risk
existing . . .." The legal rights of each member of society constitute incident to stepping off. The cement platform also
- In the Rakes vs. Atlantic, Gulf and Pacific Co. the court the measure of the corresponding legal duties, which assured to the passenger a stable and even surface on
was made to rest squarely upon the proposition that the existence of those rights imposes upon all other which to alight. The plaintiff was possessed of the vigor
article 1903 is not applicable to acts of negligence members of society. The breach of these general duties and agility of young manhood, and it was by no means
which constitute the breach of a contract. whether due to willful intent or to mere inattention, if so risky for him to get off while the train was yet
- Under the Spanish law, in cases imposed upon productive of injury, gives rise to an obligation to moving as the same act would have been in an aged or
employers with respect to damages due to the indemnify the injured party. The fundamental feeble person. The place was perfectly familiar to the
negligence of their employees to persons to whom they distinction between obligations of this character and plaintiff, as it was his daily custom to get on and off the
are not bound by contract, such is not based upon the those which arise from contract, rests upon the fact train at this station. There could be no uncertainty in
principle of respondent superior - but upon the principle that in cases of non-contractual obligation it is the his mind with regard either to the length of the step
announced in article 1902 which imposes upon all wrongful or negligent act or omission itself which which he was required to take or the character of the
persons who by their fault or negligence, do injury to creates the vinculum juris, whereas in contractual platform where he was alighting. It is the Court’s
another, the obligation of making good the damage relations the vinculum exists independently of the conclusion that the conduct of the plaintiff in
caused. breach of the voluntary duty assumed by the parties undertaking to alight while the train was yet slightly
- The liability arising from extra-contractual culpa is when entering into the contractual relation. under way was not characterized by imprudence and
always based upon a voluntary act or omission which, - The railroad company's defense involves the that therefore he was not guilty of contributory
without willful intent, but by mere negligence or assumption that even granting that the negligent negligence.
inattention, has caused damage to another. A master conduct of its servants in placing an obstruction upon DISPOSITION The decision of the lower court is
who exercises all possible care in the selection of his the platform was a breach of its contractual obligation reversed, and judgment is hereby rendered plaintiff for
servant, taking into consideration the qualifications to maintain safe means of approaching and leaving its the sum of P3,290.25, and for the costs of both
they should possess for the discharge of the duties trains, the direct and proximate cause of the injury instances.
which it is his purpose to confide to them, and directs suffered by plaintiff was his own contributory
them with equal diligence, thereby performs his duty to negligence in failing to wait until the train had come to
SEPARATE OPINION
third persons to whom he is bound by no contractual a complete stop before alighting. Under the doctrine of
ties, and he incurs no liability whatever if, by reason of comparative negligence announced in the Rakes case,
the negligence of his servants, even within the scope of if the accident was caused by plaintiff's own MALCOLM, [dissent]
their employment, such third persons suffer damage. negligence, no liability is imposed upon defendant, - With one sentence in the majority decision, we are of
Article 1903 presumes negligence, but that whereas if the accident was caused by defendant's full accord, namely, "It may be admitted that had
presumption is refutable. negligence and plaintiff's negligence merely plaintiff waited until the train had come to a full stop
- In Bahia vs. Litonjua and Leynes, an action is brought contributed to his injury, the damages should be before alighting, the particular injury suffered by him
upon the theory of the extra-contractual liability of the apportioned. It is, therefore, important to ascertain if could not have occurred." With the general rule relative
defendant to respond for the damage caused by the defendant was in fact guilty of negligence. to a passenger's contributory negligence, we are
carelessness of his employee while acting within the - The Court is of the opinion that the correct doctrine likewise in full accord, namely, "An attempt to alight
scope of his employment The Court, after citing the last relating to this subject is that expressed in Thompson's from a moving train is negligence per se." Adding these
paragraph of article 1903 of the Civil Code, said: (1) work on Negligence: two points together, we have the logical result - the
That when an injury is caused by the negligence of a "The test by which to determine whether the passenger Manila Railroad Co. should be absolved from the
servant or employee there instantly arises a has been guilty of negligence in attempting to alight complaint, and judgment affirmed.
presumption of law that there was negligence on the from a moving railway train, is that of ordinary or
part of the master or employer either in the selection of reasonable care. It is to be considered whether an FORES V MIRANDA
the servant or employee, or in supervision over him ordinarily prudent person, of the age, sex and condition
[citation]
after the selection, or both; and (2) that presumption is of the passenger, would have acted as the passenger
juris tantum and not juris et de jure, and consequently, acted under the circumstances disclosed by the REYES, J.B.L.; March 4, 1959
may be rebutted. It follows necessarily that if the evidence. This care has been defined to be, not the
employer shows to the satisfaction of the court that in care which may or should be used by the prudent man NATURE
selection and supervision he has exercised the care generally, but the care which a man of ordinary Petition for review of the decision of the Court of
and diligence of a good father of a family, the prudence would use under similar circumstances, to Appeals
presumption is overcome and he is relieved from avoid injury."
liability. - In considering the probability of contributory FACTS
- Every legal obligation must of necessity be extra- negligence on the part of the plaintiff the following - Respondent was one of the passengers on a jeepney
contractual or contractual. Extra-contractual obligation circumstances are to be noted: The company's platform driven by Eugenio Luga. While the vehicle was
has its source in the breach or omission of those mutual was constructed upon a level higher than that of the descending the Sta. Mesa bridge at an excessive rate of
torts & damages A2010 - 17 - prof. casis
speed, the driver lost control thereof, causing it to relation between the parties, is called a quasi-delict and the cars in the front by a rope. At one point, the track
swerve and to hit the bridge wall. The accident is governed by the provision of this Chapter." sagged, the tie broke, the car canted and the rails slid
occurred on the morning of March 22, 1953. Five of the - In sum the rule is: off and caught the plaintiff who was walking by the
passengers were injured, including the respondent who Delict (breach of contract) car’s side, breaking his leg, which was later amputated
suffered a fracture of the upper right humerus. He was Gen. Rule: no moral damages at the knee.
taken to the National Orthopedic Hospital for - Reason: the advantageous position of a party suing a - the plaintiff’s witness alleged that a noticeable
treatment, and later was subjected to a series of carrier for breach of the contract of transportation depression in the track had appeared after a typhoon.
operations; the first on May 23, 1953, when wire loops explains, to some extent, the limitation imposed by the This was reported to the foreman, Mckenna, but it had
were wound around the broken bones and screwed into new Code on the amount of the recovery. The action for not been proven that Atlantic inspected the track or
place; a second, effected to insert a metal splint, and a breach of contract imposes on the defendant carrier a had any proper system of inspection. Also, there were
third one to remove such splint. At the time of the trial, presumption of liability upon mere proof of injury to the no side guards on the cars to keep the rails from
it appears that respondent had not yet recovered the passenger; that latter is relieved from the duty to slipping off.
use of his right arm. establish the fault of the carrier, or of his employees, - However, the company’s officers and 3 of the workers
- The driver was charged with serious physical injuries and the burden is placed on the carrier to prove the it testified that there was a general prohibition frequently
through reckless imprudence, and upon interposing a was due to an unforeseen event or to force majeure made known to all against walking by the side of cars.
plea of guilty was sentenced accordingly. (Cangco vs. Manila Railroad Co., 38 Phil., 768 777). As Rakes was walking along the car’s side when the
Moreover, the carrier, unlike in suits for quasi-delict, accident occurred, he was found to have contributed in
ISSUE may not escape liability by proving that it has exercised some degree to the injury inflicted, although not as the
WON the defendant is entitled to moral damages due diligence in the selection and supervision of its primary cause.
employees - Atlantic contends that the remedy for injury through
HELD - Exception: with moral damages if: negligence lies only in a criminal action against the
NO. • defendant acted fraudulently or in bad faith official directly responsible and that the employer be
Ratio Moral damages are not recoverable in damage • result in the death of a passenger in which case held only subsidiarily liable.
actions predicated on a breach of the contract of Article 1764 makes the common carrier expressly
transportation, in view of Articles 2219 and 2220 of the subject to the rule of Art. 2206, that entitles the ISSUES
new Civil Code, which provide as follows: spouse, descendants and ascendants of the 1. WON Atlantic is only subsidiarily liable
"ART. 2219. Moral damages may be recovered in the deceased passenger to "demand moral damages 2. WON there was contributory negligence on the part
following and analogous cases: for mental anguish by reason of the death of the of petitioner and if so, WON it bars him from recovery
(1) A criminal offense resulting in physical injuries; deceased"
(2) Quasi-delicts causing physical injuries; - The difference in conditions, defenses and proof, as HELD
xxx xxx xxx well as the codal concept of quasi-delict as essentially 1. NO
ART. 2220. Willful injury to property may be a legal extra contractual negligence, compel us to differentiate - By virtue of culpa contractual, Atlantic may be held
ground for awarding moral damages if the court should between action ex contractu, and actions quasi ex primarily liable as it failed in its duty to provide safe
find that, under the circumstance, such damages are delicto, and prevent us from viewing the action for appliances for the use of its employees. Petitioner need
justly due. The same rule applies to breaches of breach of contract as simultaneously embodying an not file charges with the foreman to claim damages
contract where the defendant acted fraudulently or in action on tort. from Atlantic; a criminal action is not a requisite for the
bad faith." DISPOSITION The decision of the Court of Appeals is enforcement of a civil action.
Reasoning modified by eliminating the award of P5.000.00 by way 2. YES
(a) In case of breach of contract (including one of of moral damages - Petitioner had walked along the side of the car despite
transportation) proof of bad faith or fraud (dolus), i.e., a prohibition to do so by the foreman. However, the
wanton or deliberately injurious conduct, is essential to M.H. RAKES V THE ATLANTIC, GULF contributory negligence of the party injured will not
justify an award of moral damages; and defeat the action if it be shown that the defendant
(b) That a breach of contract can not be considered AND PACIFIC COMPANY might, by the exercise of reasonable care and
included in the description term "analogous cases" 7 Phil 359 prudence, have avoided the consequences of the
used in Art. 2219; not only because Art. 2220 TRACEY; January 23, 1907 injured party's negligence. Petitioner’s negligence
specifically provides for the damages that are caused contributed only to his own injury and not to the
by contractual breach, but because the definition of NATURE principal occurrence—it was merely an element to the
quasi-delict in Act. 2176 of the Code expressly excludes Action for damages damage caused upon him. Had it been otherwise, “…
the cases where there is a "preexisting contractual parties being mutually in fault, there can be no
relation between the parties." FACTS appointment of damages. The law has no scales to
"ART. 2176. Whoever by act or omission caused - the plaintiff, Rakes, one of a group of 8 African- determine in such cases whose wrongdoing weighed
damage to another, there being fault or negligence, is American laborers in the employment of defendant, most in the compound that occasioned the mischief”
obliged to pay for the damage done. Such fault or Atlantic, was at work transporting iron rails from the (Railroad v Norton). In this case, petitioner may recover
negligence, if there is no pro-existing contractual harbor in Manila. The men were hauling the rails on 2 from the defendant, less a sum deemed suitable
hand cars, some behind or at it sides and some pulling equivalent for his own imprudence.
torts & damages A2010 - 18 - prof. casis
- Damages are awarded to petitioner at Php5,000, was presenting the card at that time (for which reason, - Article 21 states:
deducting Php 2,500, the amount fairly attributable to the unfortunate incident occurred). Art. 21. Any person who willfully causes loss or injury to
his own negligence. - Festejo also sent a letter to the Manager of the Bahia another in a manner that is contrary to morals, good
Rooftop Restaurant to assure the latter that Luis was a customs or public policy shall compensate the latter for
"very valued clients" of FEBTC. William Anthony King, the damage.
SEPARATE OPINION
F&B Manager of the Intercon, wrote back to say that - Article 21 of the Code, it should be observed,
the credibility of Luis had never been "in question." A contemplates a conscious act to cause harm. Thus,
WILLARD AND CARSON [dissent] copy of this reply was sent to Luis by Festejo. even if we are to assume that the provision could
-the negligence of the defendant alone was insufficient - Still evidently feeling aggrieved, Luis filed a complaint properly relate to a breach of contract, its application
to cause the accident—it also required the negligence for damages with the RTC of Pasig against FEBTC. can be warranted only when the defendant's disregard
of the plaintiff. Because of this, plaintiff should not be - On 30 March 1990, the RTC of Pasig ordered FEBTC to of his contractual obligation is so deliberate as to
afforded relief pay private respondents (a) P300,000.00 moral approximate a degree of misconduct certainly no less
damages; (b) P50,000.00 exemplary damages; and (c) worse than fraud or bad faith. Most importantly, Article
FAR EAST BANK AND TRUST COMPANY P20,000.00 attorney's fees. 21 is a mere declaration of a general principle in human
- On appeal to the Court of Appeals, the appellate court relations that clearly must, in any case, give way to the
V CA
affirmed the decision of the trial court.Its motion for specific provision of Article 2220 of the Civil Code
241 SCRA 671 reconsideration having been denied by the appellate authorizing the grant of moral damages in culpa
VITUG; February 23, 1995 court, FEBTC has come to this Court with this petition contractual solely when the breach is due to fraud or
for review. bad faith.
NATURE - Fores vs. Miranda explained with great clarity the
Petition for review ISSUE predominance that we should give to Article 2220 in
WON the petitioner is entitled to moral and exemplary contractual relations; we quote:
FACTS damages Anent the moral damages ordered to be paid to the
- In October 1986, Luis A. Luna applied for, and was respondent, the same must be discarded. We have
accorded, a FAREASTCARD issued by petitioner Far East HELD repeatedly ruled that moral damages are not
Bank and Trust Company ("FEBTC") at its Pasig Branch. NO recoverable in damage actions predicated on a breach
Upon his request, the bank also issued a supplemental - In culpa contractual, moral damages may be of the contract of transportation, in view of Articles
card to Clarita S. Luna. recovered where the defendant is shown to have acted 2219 and 2220 of the new Civil Code, which provide as
- In August 1988, Clarita lost her credit card. FEBTC was in bad faith or with malice in the breach of the contract. follows:
forthwith informed. In order to replace the lost card, The Civil Code provides: - Art. 2219. Moral damages may be recovered in the
Clarita submitted an affidavit of loss. In cases of this - Art. 2220. Willful injury to property may be a legal following and analogous cases:
nature, the bank's internal security procedures and ground for awarding moral damages if the court should (1) A criminal offense resulting in physical injuries;
policy would appear to be- to meanwhile so record the find that, under the circumstances, such damages are (2) Quasi-delicts causing physical injuries;
lost card, along with the principal card, as a "Hot Card" justly due. The same rule applies to breaches of xxx xxx xxx
or "Cancelled Card" in its master file. contract where the defendant acted fraudulently or in - Art. 2220. Wilful injury to property may be a legal
- On 06 October 1988, Luis tendered a despedida lunch bad faith. ground for awarding moral damages if the court should
for a close friend, a Fil-Am, and another guest at the - Bad faith, in this context, includes gross, but not find that, under the circumstances, such damages are
Bahia Rooftop Restaurant of the Hotel Intercon Manila. simple, negligence. Exceptionally, in a contract of justly due. The same rule applies to breaches of
To pay for the lunch, Luis presented his FAREASTCARD carriage, moral damages are also allowed in case of contract where the defendant acted fraudulently or in
to the attending waiter who promptly had it verified death of a passenger attributable to the fault (which is bad faith.
through a telephone call to the bank's Credit Card presumed ) of the common carrier. - By contrasting the provisions of these two articles it
Department. Since the card was not honored, Luis was - Concededly, the bank was remiss in indeed neglecting immediately becomes apparent that:
forced to pay in cash the bill amounting to P588.13. to personally inform Luis of his own card's cancellation. (a) In case of breach of contract (including one of
Naturally, Luis felt embarrassed by this incident. Nothing in the findings of the trial court and the transportation) proof of bad faith or fraud (dolus), i.e.,
- In a letter, dated 11 Oct. 1988, Luis Luna, through appellate court, however, can sufficiently indicate any wanton or deliberately injurious conduct, is essential to
counsel, demanded from FEBTC the payment of deliberate intent on the part of FEBTC to cause harm to justify an award of moral damages; and
damages. Adrian V. Festejo, a VP of the bank, private respondents. Neither could FEBTC's negligence (b) That a breach of contract can not be considered
expressed the bank's apologies to Luis in his letter in failing to give personal notice to Luis be considered included in the descriptive term "analogous cases"
which stated that: In cases when a card is reported to so gross as to amount to malice or bad faith. used in Art. 2219; not only because Art. 2220
our office as lost, FAREASTCARD undertakes the - Malice or bad faith implies a conscious and intentional specifically provides for the damages that are caused
necessary action to avert its unauthorized use to design to do a wrongful act for a dishonest purpose or contractual breach, but because the definition of quasi-
protect its cardholders. However, it failed to inform him moral obliquity; it is different from the negative idea of delict in Art. 2176 of the Code expressly excludes the
about its security policy. Furthermore, an overzealous negligence in that malice or bad faith contemplates a cases where there is a "preexisitng contractual
employee of the Bank's Credit Card Department did not state of mind affirmatively operating with furtive design relations between the parties."
consider the possibility that it may have been him who or ill will.
torts & damages A2010 - 19 - prof. casis
- Art. 2176. Whoever by act or omission causes - The Court has not in the process overlooked another DISPOSITION The appealed decision is MODIFIED by
damage to another, there being fault or negligence, is rule that a quasi-delict can be the cause for breaching a deleting the award of moral and exemplary damages to
obliged to pay for the damage done. Such fault or contract that might thereby permit the application of private respondents; in its stead, petitioner is ordered
negligence, if there is no pre-existing contractual applicable principles on tort even where there is a pre- to pay private respondent Luis A. Luna an amount of
relation between the parties, is called a quasi-delict existing contract between the plaintiff and the P5,000.00 by way of nominal damages. In all other
and is governed by the provisions of this Chapter. defendant This doctrine, unfortunately, cannot improve respects, the appealed decision is AFFIRMED.
The exception to the basic rule of damages now under private respondents' case for it can aptly govern only
consideration is a mishap resulting in the death of a where the act or omission complained of would AIR FRANCE V CA (Carrascoso, Et. Al)
passenger, in which case Article 1764 makes the constitute an actionable tort independently of the
18 SCRA 155
common carrier expressly subject to the rule of Art. contract. The test (whether a quasi-delict can be
2206, that entitles the spouse, descendants and deemed to underlie the breach of a contract) can be SANCHEZ; September 28, 1966
ascendants of the deceased passenger to "demand stated thusly: Where, without a pre-existing contract
moral damages for mental anguish by reason of the between two parties, an act or omission can NATURE
death of the deceased. But the exceptional rule of Art. nonetheless amount to an actionable tort by itself, the PETITION for review by certiorari of a decision of the
1764 makes it all the more evident that where the fact that the parties are contractually bound is no bar Court of Appeals.
injured passenger does not die, moral damages are not to the application of quasi-delict provisions to the case.
recoverable unless it is proved that the carrier was Here, private respondents' damage claim is predicated FACTS
guilty of malice or bad faith. We think it is clear that the solely on their contractual relationship; without such - Carrascoso, a civil engineer, left Manila for Lourdes w/
mere carelessness of the carrier's driver does not per agreement, the act or omission complained of cannot 48 other Filipino pilgrims. Air France, through PAL,
se constitute or justify an inference of malice or bad by itself be held to stand as a separate cause of action issued plaintiff a “first class” round trip airplane ticket
faith on the part of the carrier; and in the case at bar or as an independent actionable tort. from Manila to Rome. From Manila to Bangkok,
there is no other evidence of such malice to support the - Exemplary or corrective damages, in turn, are Carrascoso traveled in “first class” but at Bangkok, the
award of moral damages by the Court of Appeals. To intended to serve as an example or as correction for Manager of the defendant airline forced plaintiff to
award moral damages for breach of contract, therefore, the public good in addition to moral, temperate, vacate the 'first class' seat that he was occupying
without proof of bad faith or malice on the part of the liquidated or compensatory damages (Art. 2229, Civil because, in the words of the witness Ernesto G. Cuento,
defendant, as required by Art. 2220, would be to violate Code. In criminal offenses, exemplary damages are there was a 'white man', who, the Manager
the clear provisions of the law, and constitute imposed when the crime is committed with one or more alleged, had a 'better right' to the seat. When
unwarranted judicial legislation. aggravating circumstances (Art. 2230, Civil Code). In asked to vacate his 'first class' seat, the plaintiff,
xxx xxx xxx quasi-delicts, such damages are granted if the as was to be expected, refused, and told
- The distinction between fraud, bad faith or malice in defendant is shown to have been so guilty of gross defendant's Manager that his seat would be
the sense of deliberate or wanton wrong doing and negligence as to approximate malice. In contracts and taken over his dead body; a commotion ensued,
negligence (as mere carelessness) is too fundamental quasi-contracts, the court may award exemplary and, according to said Ernesto G. Cuento, many of the
in our law to be ignored (Arts. 1170-1172); their damages if the defendant is found to have acted in a Filipino passengers got nervous in the tourist class;
consequences being clearly differentiated by the Code. wanton, fraudulent, reckless, oppressive, or malevolent when they found out that Mr. Carrascoso was having a
- Art. 2201. In contracts and quasi-contracts, the manner (Art. 2232, Civil Code). hot discussion with the white man [manager], they
damages for which the obligor who acted in good faith - Given the above premises and the factual came all across to Mr. Carrascoso and pacified Mr.
is liable shall be those that are the natural and circumstances here obtaining, it would also be just as Carrascoso to give his seat to the 'white man; and
probable consequences of the breach of the obligation, arduous to sustain the exemplary damages granted by plaintiff reluctantly gave his 'first class' seat in the
and which the parties have foreseen or could have the courts below. plane."
reasonably foreseen at the time the obligation was - Nevertheless, the bank's failure, even perhaps - both TC and CA decided in favor of Carrascoso
constituted. inadvertent, to honor its credit card issued to private
- In case of fraud, bad faith, malice or wanton attitude, respondent Luis should entitle him to recover a ISSUES
the obligor shall be responsible for all damages which measure of damages sanctioned under Article 2221 of Procedural
may be reasonably attributed to the non-performance the Civil Code providing thusly: 1. WON the CA failed to make a complete findings of
of the obligation. - Art. 2221. Nominal damages are adjudicated in order fact on all the issues properly laid before it, and if such,
- It is to be presumed, in the absence of statutory that a right of the plaintiff, which has been violated or WON the Court could review the questions of fact
provision to the contrary, that this difference was in the invaded by the defendant, may be vindicated or Substantive
mind of the lawmakers when in Art. 2220 they limited recognized, and not for the purpose of indemnifying the 2. WON Carrascoso was entitled to the “first class” seat
recovery of moral damages to breaches of contract in plaintiff for any loss suffered by him. he claims, as proved by written documents (tickets…)
bad faith. It is true that negligence may be occasionally - Reasonable attorney's fees may be recovered where 3. WON Carrascoso was entitled to moral damages,
so gross as to amount to malice; but the fact must be the court deems such recovery to be just and equitable when his action is planted upon breach of contract and
shown in evidence, and a carrier's bad faith is not to be (Art. 2208, Civil Code). We see no issue of sound thus, there must be an averment of fraud or bad faith
lightly inferred from a mere finding that the contract discretion on the part of the appellate court in allowing which the CA allegedly failed to find
was breached through negligence of the carrier's the award thereof by the trial court.
employees.
torts & damages A2010 - 20 - prof. casis
4. WON moral damages could be recovered from Air parties; that said respondent knew that he did not have established. Certainly, this is bad faith. Unless, of
France, granted that their employee was accused of the confirmed reservations for first class on any specific course, bad faith has assumed a meaning different
tortuous act flight, although he had tourist class protection; that, from what is understood in law. For, "bad faith"
5. WON damages are proper in a breach contract accordingly, the issuance of a first class ticket was no contemplates a "state of mind affirmatively operating
6. WON the transcribed testimony of Carrascoso guarantee that he would have a first class ride, but that with furtive design or with some motive of self-interest
regarding the account made by the air-carrier’s purser such would depend upon the availability of first class or ill will or for ulterior purposes
is admissible in evidence as hearsay seats. However, CA held that Air France should know 4. YES
7. WON Carrascoso was entitled to exemplary damages whether or not the tickets it issues are to be honored or - The responsibility of an employer for the tortious act
8. WON Carrascoso was entitled to attorney’s fees not. The trial court also accepted as evidence the of its employees need not. be essayed. For the willful
9. WON the amounts awarded to Carrascoso was written documents submitted by Carrasco and even the malevolent act of petitioner's manager, petitioner, his
excessive testimony of the air-carrier’s employees attested that employer, must answer.
indeed, Carrasco was issued a “first class ticket”. 5. YES
HELD - If, as petitioner underscores, a first-class-ticket holder - Petitioner's contract with Carrascoso, is one attended
1. NO, NO is not entitled to a first class seat, notwithstanding the with public duty. The stress of Carrascoso's. action as
Ratio A decision is not to be so clogged with details fact that seat availability in specific flights is therein we have said, is placed upon his wrongful expulsion.
such that prolixity, if not confusion, may result. So long confirmed, then an air passenger is placed in the hollow This is a violation of public duty by the petitioner-air
as the decision of the Court of Appeals, contains the of the hands of an airline. carrier-a case of quasi-delict. Damages are proper.
necessary facts to warrant its conclusions, it. is no error -Also, when Carrascoso was asked to confirm his seat in (note: it was held that it was a case of quasi-delict even
for said court to withhold therefrom "any specific Bangkok, he was granted the “first class” seat. If there though it was a breach of contract)
finding of facts with respect to the evidence for the had been no seat, and if the “white man” had a better Ratio A contract to transport passengers is quite
defense"."The mere failure to specify (in the decision) right to the seat, then why did they confirm Carrasco different in kind and degree from any other contractual
the contentions of the appellant and the reasons for his seat? relation.43 And is, because of the relation which an air-
refusing to believe them is not sufficient to hold the 3. YES carrier sustains with the public. Its business is mainly
same contrary to the requirements of the provisions of Ratio. It is (therefore) unnecessary to inquire as to with the travelling public. It invites people to avail of
law and the Constitution"; "only questions of law may whether or not there is sufficient averment in the the comforts and I advantages it offers. The contract of
be raised" in an appeal by certiorari from a judgment of complaint to justify an award for moral damages. air carriage, therefore, generates a relation attended
the Court of Appeals. Deficiency in the complaint, if any, was cured by the with a public duty. Neglect or malfeasance of the
Obiter. evidence. An amendment thereof to conform to the carrier's employees, naturally, could give ground for an
- Constitution mandates that a judgment evidence is not even required. action for damages.
determining the merits of the case shall state Reasoning
"clearly and distinctly the facts and the law on Reasoning - Passengers do not contract merely for transportation.
which it is based" and that "Every decision of the - There was a contract to furnish plaintiff a first class They have a right to be treated by the carrier's
Court of Appeals shall contain complete findings passage covering, amongst others, the Bangkok- employees with kindness, respect, courtesy and due
of fact on all issues properly raised before".xxx Teheran leg; Second, said contract was breached when consideration. They are entitled to be protected against
The law, however, solely insists that a decision state petitioner failed to furnish first class transportation at personal misconduct, injurious language, indignities
the "essential ultimate facts" upon which the court's Bangkok; and Third, there was bad faith when and abuses from such employees. So it is, that any
conclusion is drawn. petitioner's employee compelled Carrascoso to leave rude or discourteous conduct on the part of employees
- FINDINGS OF FACT: "the written statement of the his first class accommodation berth "after he was towards a passenger gives the latter an action for
ultimate facts as found by the court and essential to already seated" and to take a seat in the tourist class, damages against the carrier.
support the decision and judgment rendered by reason of which he suffered inconvenience, 6. YES, if forms part of the res gestae
thereon".16 They consist of the court's "conclusions embarrassments and humiliations, thereby causing him Ratio. Testimony of the entry does not come within the
with respect to the determinative facts in issue" mental anguish, serious anxiety, wounded feelings and proscription of the best evidence rule. Such testimony
- QUESTION OF LAW: one which does not call for an social humiliation, resulting in moral damages. is admissible.
examination of the probative value of the evidence - Air France did not present evidence that the “white - also…From a reading of the transcript just quoted,
presented by the parties man” made a prior reservation, nor proved that the when the dialogue happened, the impact of the
2. YES, the plaintiff was issued, and paid for, a first “white man” had “better right” over the seat; also, if startling occurrence was still fresh and continued to be
class ticket without any reservation whatever. the manager’s actions could be justified, they should felt. The excitement had not as yet died down.
Ratio .A written document speaks a uniform language; have presented the manager to testify in court – but Statements then, in this environment, are admissible as
that spoken word could be notoriously unreliable. If they did not do so part of the res gestae. For, they grow "out of the
only to achieve stability in the relations between - The manager not only prevented Carrascoso from nervous excitement and mental and physical condition
passenger and air carrier, adherence to the ticket so enjoying his right to a first class seat; worse, he of the declarant".
issued is desirable. imposed his arbitrary will; he forcibly ejected him from
Reasoning his seat, made him suffer the humiliation of having to Reasoning
- Petitioner asserts that said ticket did not represent go to the tourist class compartment-just to give way to - Carrascoso testified that the purser of the air-carrier
the true and complete intent and agreement of the another passenger whose right thereto has not been made an entry in his notebooks reading "First class
torts & damages A2010 - 21 - prof. casis
passenger was forced to go to the tourist class against - Defendants (now petitioners) sought to have the suit same cemetery, the concrete vault encasing the coffin
his will, and that the captain refused to intervene". The dismissed alleging that since they are presumably sued of the deceased was removed from its niche
petitioner contents that it should not be admitted as under Art. 2180 of the Civil Code, the complaint states underground. As the concrete vault was being raised to
evidence, as it was only hearsay. However, the subject no cause of action against them since academic the surface, the Syquias discovered that the vault had a
of inquiry is not the entry, but the ouster incident. Also, institutions, like PSBA, are beyond the ambit of that hole approx 3 in. in diameter near the bottom and it
the said entry was made outside the Philippines and by rule. appeared that water drained out of the hole.
an employee of petitioner. It would have been easy for - Respondent Trial court denied the motion to dismiss. - Pursuant to an authority granted by the Municipal
Air France to contradict Carrascoso’s testimony if they And the MFR was similarly dealt with. Petitioners the Court of Parañaque, they caused the opening of the
had presented the purser. assailed the trial court’s dispositions before the concrete vault and discovered that:
7. YES respondent appellate court which affirmed the trial (a) the interior walls showed evidence of total flooding;
Ratio The Civil Code gives the Court ample power to court’s ruling. (b) coffin was entirely damaged by water, filth and silt
grant exemplary damages-in contracts and quasi- causing the wooden parts to separate and to crack the
contracts. The only condition is that defendant should viewing glass panel located directly above the head
have "acted in a wanton, fraudulent, reckless, ISSUE and torso of the deceased;
oppressive, or malevolent manner". WON respondent court is correct in denying dismissal (c) entire lining of coffin, clothing of the deceased, and
Reasoning of the case the exposed parts of the deceased's remains were
- The manner of ejectment of respondent Carrascoso damaged and soiled.
from his first class seat fits into this legal precept HELD - SYQUIAS base their claim for damages against Mla
8. YES Ratio Although a school may not be liable under Art. Memorial on either: (1) breach of its obligation to
Ratio. The grant of exemplary damages justifies a 2180 on quasi-delicts, it may still be liable under the deliver a defect-free concrete vault;
similar Judgment for attorneys' fees. The least that can law on contracts. (2) gross negligence in failing to seal the concrete
be said is that the courts below felt that it is but just Reasoning vault (Art. 2176)
and equitable that attorneys' fees be given.\ - The case should be tried on its merits. But respondent - Whatever kind of negligence it has committed, MLA
9. NO court’s premise is incorrect. It is expressly mentioned in MEMORIAL is deemed to be liable for desecrating the
Ratio. The task of fixing these amounts is primarily Art. 2180 that the liability arises from acts done by grave of the dead.
with the trial court. The dictates of good sense suggest pupils or students of the institution. In this sense, PSBA Trial Court’s Ruling
that we give our imprimatur thereto. Because, the facts is not liable. But when an academic institution accepts - Contract between the parties did not guarantee that
and circumstances point to the reasonableness thereof. students for enrollment, the school makes itself the cement vault would be waterproof.
DISPOSITION On balance, we, say that the judgment responsible in providing their students with an - No quasi-delict because the defendant was not guilty
of the Court of Appeals does not suffer from 'reversible atmosphere that is conducive for learning. Certainly, no of any fault or negligence, and because there was a
error. We accordingly vote to affirm the same. Costs student can absorb the intricacies of physics or explore pre-existing contractual relation between the Syquias
against petitioner. the realm of arts when bullets are flying or where there and Mla Memorial.
looms around the school premises a constant threat to - The father himself, Juan Syquia, chose the gravesite
life and limb. despite knowing that said area had to be constantly
PSBA V CA
DISPOSITION the foregoing premises considered, the sprinkled with water to keep the grass green and that
[citation] petition is DENIED. The Court of origin is hereby water would eventually seep through the vault.
PADILLA; February 4, 1992 ordered to continue proceedings consistent wit this - The act of boring a hole in the vault was necessary so
ruling of the Court. Costs against the petitioners. as to prevent the vault from floating away.
NATURE - CA affirmed judgment of dismissal; MFR was also
Petition to review the decision of Court of Appeals. SYQUIA V CA (Mla Memorial Park) denied.
217 SCRA 624
FACTS ISSUES
CAMPOS, JR.; January 27, 1993 1. WON Mla Memorial breached its contract with
- A stabbing incident on August 30, 1985 which caused
the death of Carlitos Bautista on the premises of the petitioners,
NATURE or alternatively
Philippine School of Business Administration (PSBA)
Petition for review of CA decision dismissing Syquia 2. WON it can be liable for culpa aquiliana
prompted the parents of the deceased to file suit in the
family’s complaint for damages against Manila
Manila RTC. It was established that his assailants were
Memorial Park Cemetery, Inc. (Mla Memorial) HELD
not members of the school’s academic community but
were outsiders. 1. NO
FACTS Ratio Parties are bound by the terms of their contract,
- The suit impleaded PSBA, its President, VP, Treasure,
- Juan SYQUIA, father of the deceased Vicente Syquia, which is the law between them. A contracting party
Chief of Security and Assistant Chief of Security. It
authorized and instructed the defendant to inter the cannot incur a liability more than what is expressly
sought to adjudge them liable for the victim’s death
remains of deceased. specified in his undertaking. It cannot be extended by
due to their alleged negligence, recklessness and lack
- After about a month, preparatory to transferring the implication, beyond the terms of the contract. (RCBC v
of security precautions.
remains to a newly purchased family plot also at the CA)
torts & damages A2010 - 22 - prof. casis
Reasoning
- They entered into a contract entitled "Deed of Sale NEGLIGENCE - In so doing, it was struck on the hock of the left hind
leg by the flange of the car and the limb was broken.
and Certificate of Perpetual Care." Mla Memorial bound - The horse fell and its rider was thrown off with some
itself to provide the concrete box to be sent in the violence.
PICART V SMITH
interment. - As a result of its injuries the horse died.
- Rule 17 of the Rules and Regulations of MLA [citation] - The plaintiff received contusions which caused
MEMORIAL provides that: “Every earth interment shall STREET; March 15, 1918 temporary unconsciousness and required medical
be made enclosed in a concrete box, or in an outer wall attention for several days.
of stone, brick or concrete, the actual installment of NATURE - CFI absolved defendant from liability
which shall be made by the employees of the Appeal from a judgment of the CFI of La Union - Hence, the appeal
Association.” Pursuant to this, a concrete vault was
installed and after the burial, the vault was covered by FACTS ISSUE
a cement lid. - On December 12, 1912, plaintiff was riding on his WON the defendant, in maneuvering his car in the
- Syquias claim that there was a breach of contract pony over the Carlatan Bridge, at San Fernando, La manner above described, was guilty of negligence that
because it was stated in the brochures that “lot may Union. would give rise to a civil obligation to repair the
hold single or double internment underground in sealed - Before he had gotten half way across, the defendant damage done
concrete vault." approached from the opposite direction in an
- "Sealed" meant "closed." Standard dictionaries define automobile, going at the rate of about ten or twelve HELD
seal as any of various closures or fastenings that miles per hour. YES
cannot be opened without rupture and that serve as a - As the defendant neared the bridge he saw the - As the defendant started across the bridge, he had
check against tampering or unauthorized opening. plaintiff and blew his horn to give warning of his the right to assume that the horse and the rider would
- "Sealed" cannot be equated with "waterproof". When approach. pass over to the proper side; but as he moved toward
the terms of the contract are clear and leave no doubt - He continued his course and after he had taken the the center of the bridge it was demonstrated to his
as to the intention of the contracting parties, then the bridge, he gave two more successive blasts, as it eyes that this would not be done; and he must in a
literal meaning of the stipulation shall control. appeared to him that the man on horseback before him moment have perceived that it was too late for the
2. NO was not observing the rule of the road. horse to cross with safety in front of the moving
Ratio Negligence is defined by law as the "omission of - The plaintiff saw the automobile coming and heard vehicle.
that diligence which is required by the nature of the the warning signals. - In the nature of things this change of situation
obligation and corresponds with the circumstances of - However, given the novelty of the apparition and the occurred while the automobile was yet some distance
the persons, of the time and of the place." In the rapidity of the approach, he pulled the pony closely up away; and from this moment it was no longer within the
absence of stipulation or legal provision providing the against the railing on the right side of the bridge power of the plaintiff to escape being run down by
contrary, the diligence to be observed in the instead of going to the left. going to a place of greater safety.
performance of the obligation is that which is expected - He did this because he thought he did not have - The control of the situation had then passed entirely
of a good father of a family. sufficient time to get over to the other side. to the defendant; and it was his duty either to bring his
Reasoning - As the automobile approached, the defendant guided car to an immediate stop or, seeing that there were no
- Although a pre-existing contractual relation between it toward his left, that being the proper side of the road other persons on the bridge, to take the other side and
the parties does not preclude the existence of a culpa for the machine. pass sufficiently far away from the horse to avoid the
aquiliana, circumstances of the case do not show - In so doing the defendant assumed that the horseman danger of collision.
negligence. The reason for the boring of the hole was would move to the other side. - The defendant ran straight on until he was almost
explained by Henry Flores, Interment Foreman, who - The pony had not as yet exhibited fright, and the rider upon the horse. He was, the court thinks, deceived into
said that: “When the vault was placed on the grave a had made no sign for the automobile to stop. doing this by the fact that the horse had not yet
hole was placed on the vault so that water could come - Seeing that the pony was apparently quiet, the exhibited fright.
into the vault because it was raining heavily then defendant, instead of veering to the right while yet - But in view of the known nature of horses, there was
because the vault has no hole the vault will float and some distance away or slowing down, continued to an appreciable risk that, if the animal in question was
the grave would be filled with water.” approach directly toward the horse without diminution unacquainted with automobiles, he might get excited
- Private respondent has exercised the diligence of a of speed. and jump under the conditions which here confronted
good father of a family in preventing the accumulation - When he had gotten quite near, there being then no him.
of water inside the vault which would have resulted in possibility of the horse getting across to the other side, - When the defendant exposed the horse and
the caving in of earth around the grave. Finding no the defendant quickly turned his car sufficiently to the rider to this danger, he was, in our opinion,
evidence of negligence, there is no reason to award right to escape hitting the horse alongside of the railing negligent in the eye of the law.
damages. where it as then standing; but in so doing the - The test by which to determine the existence of
Dispositive CA decision affirmed in toto. automobile passed in such close proximity to the negligence in a particular case may be stated as
animal that it became frightened and turned its body follows: Did the defendant in doing the alleged
across the bridge with its head toward the railing. negligent act use that reasonable care and
caution which an ordinarily prudent person would
torts & damages A2010 - 23 - prof. casis
have used in the same situation? If not, then he is [citation] three went to the home of the boy Manuel. The boys
guilty of negligence. then made a series of experiments with the caps. They
CARSON; March 22, 1910
- The law here in effect adopts the standard supposed thrust the ends of the wires into an electric light socket
to be supplied by the imaginary conduct of the discreet and obtained no result. They next tried to break the cap
paterfamilias of the Roman law. NATURE with a stone and failed. Manuel looked for a hammer,
- The existence of negligence in a given case is not An action to recover damages for the loss of an eye and but could not find one. They then opened one of the
determined by reference to the personal judgment of other injuries, instituted by David Taylor, a minor, by caps with a knife, and finding that it was filled with a
the actor in the situation before him. The law considers his father, his nearest relative. yellowish substance they got matches, and David held
what would be reckless, blameworthy, or negligent in the cap while Manuel applied a lighted match to the
the man of ordinary intelligence and prudence and FACTS contents. An explosion followed, causing more or less
determines liability by that. - The defendant is a foreign corporation engaged in the serious injuries to all three. Jessie, who, when the boys
- The question as to what would constitute the conduct operation of a street railway and an electric light proposed purring a match to the contents of the cap,
of a prudent man in a given situation must of course be system in the city of Manila. Its power plant is situated became frightened and started to run away, received a
always determined in the light of human experience at the eastern end of a small island in the Pasig River slight cut in the neck. Manuel had his hand burned and
and in view of the facts involved in the particular case. within the city of Manila, known as the Isla del Provisor. wounded, and David was struck in the face by several
Could a prudent man, in the case under The power plant may be reached by boat or by crossing particles of the metal capsule, one of which injured his
consideration, foresee harm as a result of the a footbridge, impassable for vehicles, at the westerly right eye to such an extent as to necessitate its
course actually pursued? If so, it was the duty of end of the island. removal by the surgeons who were called in to care for
the actor to take precautions to guard against - The plaintiff, David Taylor, was at the same time when his wounds.
that harm. Reasonable foresight of harm, he received the injuries complained of, 15 years of age, - The Defendant Company’s defense that the caps were
followed by ignoring of the suggestion born of the son of a mechanical engineer, more mature than under the duty of independent contractors deserves
this prevision, is always necessary before the average boy of his age, and having considerable scant consideration since these workers have been
negligence can be held to exist. aptitude and training in mechanics. under the supervision of one of the company’s
- Stated in these terms, the proper criterion for - On the 30th of September, 1905, plaintiff, with a boy foremen.
determining the existence of negligence in a given case named Manuel Claparols, about 12 years of age, - Plaintiff Taylor appears to have rested his case, as did
is this: Conduct is said to be negligent when a crossed the footbridge of the Isla del Provisor, for the the trial judge his decision in plaintiff's favor, upon the
prudent man in the position of the tortfeasor purpose of visiting one Murphy, an employee of the provisions of article 1089 of the Civil Code read
would have foreseen that an effect harmful to defendant, who had promised to make them a cylinder together with articles 1902, 1903, and 1908 of that
another was sufficiently probable to warrant his for a miniature engine. Finding on inquiry that Mr. Code.
foregoing conduct or guarding against its Murphy was not in his quarters, the boys, impelled - "ART. 1089. Obligations are created by law, by
consequences. apparently by youthful curiosity and perhaps by the contracts, by quasi—contracts, and by illicit acts and
- Applying this test to the conduct of the defendant in unusual interest which both seem to have taken in omissions or by those in which any kind of fault or
the present case, negligence is clearly established. A machinery, spent some time in wandering about the negligence occurs."
prudent man, placed in the position of the defendant, company's premises. The visit made on a Sunday - "ART. 1902. Any person who by an act or omission
would have recognized that the course which he was afternoon, and it does not appear that they saw or causes damage to another when there is fault or
pursuing was fraught with risk, and would therefore spoke to anyone after leaving the power house where negligence shall be obliged to repair the damage so
have foreseen harm to the horse and the rider as they had asked for Mr. Murphy. done.
reasonable consequence of that course. Under these - After watching the operation of the traveling crane - "ART. 1903. The obligation imposed by the
circumstances the law imposed on the defendant the used in handling the defendant's coal, they walked preceding article is demandable, not only for personal
duty to guard against the threatened harm. across the open space in the neighborhood of the place acts and omission, but also for those of the persons for
- The plaintiff himself was not free from fault, for he where the company dumped the cinders and ashes whom they should be responsible.
was guilty of antecedent negligence in planting himself from its furnaces. Here they found some twenty or - "The father, and on his death or incapacity the
on the wrong side of the road. It will be noted however, thirty brass fulminating caps scattered on the ground. mother, is liable for the damages caused by the minors
that the negligent acts of the two parties were not These caps are approximately of the size and who alive with them.
contemporaneous, since the negligence of the appearance of small pistol cartridges and each has xxx xxx xxx
defendant succeeded the negligence of the plaintiff by attached to it two long thin wires by means of which it "Owners or directors of an establishment or enterprises
an appreciable interval. Under these circumstances the may be discharged by the use of electricity. They are are equally liable for the damages caused by their
law is that the person who has the last fair chance intended for use in the explosion of blasting charges of employees in the service of the branches in which the
to avoid the impending harm and fails to do so is dynamite, and have in themselves considerable latter may be employed or on account of their duties.
chargeable with the consequences, without explosive power. After some discussion as to the xxx xxx xxx
reference to the prior negligence of the other ownership of caps, and their right to take them, the "The liability referred to in this article shall cease when
party. boys picked up all they could find, hung them of a stick, the persons mentioned therein prove that they
DISPOSITION Appealed decision is reversed. of which each took one end, and carried them home. employed all the diligence of a good father of a family
After crossing the footbridge, they met a little girl to avoid the damage."
TAYLOR V MANILA RAILROAD named Jessie Adrian, less than 9 years old, and all
torts & damages A2010 - 24 - prof. casis
- "ART. 1908.The owners shall be also be liable for the the owner of land is not liable to trespassers thereon occupants of land upon which they might naturally and
damages caused —"1. By the explosion of for injuries sustained by them, not due to his wanton or reasonably be expected to enter.
machines which may not have been cared for with due willful acts; (2) that no exception to this rule exists in
diligence, and for kindling of explosive substance which favor of children who are injured by dangerous ISSUE
may not have been placed in a safe and proper place." machinery naturally calculated to attract them to the 1. WON the defendant’s negligence was the proximate
- In support of his contention, counsel for plaintiff relied premises; (3) that an invitation of license to cross the cause of the injuries, making the company liable
on the doctrine laid down in many of the courts of last premises of another can not be predicated on the mere
result in the United States in the cases known as the fact that no steps have been taken to interfere with HELD
"Torpedo" and "Turntable" cases, and the cases based such practice; (4) that there is no difference between 1. NO
thereon.In the typical cases, the question involved has children and adults of an invitation or a license to enter - Just because the kids trespassed doesn’t mean that
been whether a railroad company is liable for an injury upon another's premises. However, after an exhaustive the company is not liable for anything bad that might
received by an infant of tender years, who from mere and critical analysis and review of may of the adjudged happen to them. However, we also have to look at the
idle curiosity, or for purposes of amusement, enters cases, both English and America, formally declared that proximate cause and the maturity of the plaintiff if it
upon the railroad company's premises, at a place it adhered "to the principles announced in the case of was his negligence that contributed to the principal
where the railroad company's premises, at a place Railroad Co. vs. Stout." Chief Justice Cooley, voicing the occurrence of the tragedy. In the case at bar, the Court
where the railroad company knew, or had a good opinion of the supreme court of Michigan, in the case of said that it is of the opinion that under all the
reason to suppose, children who would likely to come, Powers vs. Marlow, said that: “Children, wherever they circumstances of this case the negligence of the
and there found explosive signal torpedoes left go, must be expected to act upon childlike instincts and defendant in leaving the caps exposed on its premises
exposed by the railroad company's employees, one of impulses; and others who are chargeable with a duty of was not the proximate cause of the injury received by
which when carried away by the visitor, exploded and care and caution toward them must calculate upon this, the plaintiff, which therefore was not, properly
injured him; or where such infant found upon the and take precautions accordingly. If they leave exposed speaking, "attributable to the negligence of the
premises a dangerous machine, such as a turntable left to the observation of children anything which would be defendant," and, on the other hand, we are satisfied
in such condition as to make it probable that children in tempting to them, and which they in their immature that plaintiff's action in cutting open the detonating cap
playing with it would be exposed to accident or injury judgment might naturally suppose they were at liberty and putting a match to its contents was the proximate
therefrom and where the infant did in fact suffer injury to handle or play with, they should expect that liberty cause of the explosion and of the resultant injuries
in playing with such machine. to be taken." inflicted upon the plaintiff, and that the defendant,
In these, and in a great variety of similar cases, the - The owners of premises, therefore, whereon things therefore, is not civilly responsible for the injuries thus
great weight of authority holds the owner of the attractive to children are exposed, or upon which the incurred. "While it is the general rule in regard to an
premises liable. public are expressively or impliedly permitted to enter adult that entitle him to recover damages for an injury
- As laid down in Railroad Co. vs. Stout ( 17 Wall. (84 to or upon which the owner knows or ought to know resulting from the fault or negligence of another he
U.S.), 657), (wherein the principal question was children are likely to roam about for pastime and in must himself have been free from fault, such is not the
whether a railroad company was liable for an injury play, "must calculate upon this, and take precautions rule in regard to an infant of tender years. The care and
received by an infant while upon its premises, from idle accordingly." In such cases the owner of the premises caution required of a child is according to his maturity
curiosity, or for purposed of amusement, if such injury can not be heard to say that because the child has and capacity only, and this is to be determined in each
was, under the circumstances, attributable to the entered upon his premises without his express case by the circumstance of the case."
negligence of the company), the principles on which permission he is a trespasser to whom the owner owes - As regards the maturity of the child, this has to be
these cases turn are that "while railroad company is not no duty or obligation whatever. The owner's failure to examined on a case-to-case basis. In the case at bar,
bound to the same degree of care in regard to mere take reasonable precautions to prevent the child form plaintiff at the time of the accident was well—grown
strangers who are unlawfully upon its premises that it entering premises at a place where he knows or ought youth of 15, more mature both mentally and physically
owes to passengers conveyed by it, it is not exempt to know that children are accustomed to roam about or than the average boy of his age; he had been to sea as
from responsibility to such strangers for injuries arising to which their childish instincts and impulses are likely a cabin boy; was able to earn P2.50 a day as a
from its negligence or from its tortious acts;" and that to attract them is at least equivalent to an implied mechanical draftsman thirty days after the injury was
"the conduct of an infant of tender years is not to be license to enter, and where the child does not enter incurred; and the record discloses throughout that he
judged by the same rule which governs that of an adult. under such conditions the owner's failure to make was exceptionally well qualified to take care. The
While it is the general rule in regard to an adult that to reasonable precaution to guard the child against the evidence of record leaves no room for doubt that,
entitle him to recover damages for an injury resulting injury from unknown or unseen dangers, placed upon despite his denials on the witness stands, he well knew
from the fault or negligence of another he must himself such premises by the owner, is clearly a breach of duty, the explosive character of the cap with which he was
have been free from fault, such is not the rule in regard a negligent omission, for which he may and should be amusing himself. The series of experiments made by
to an infant of tender years. The care and caution held responsible, if the child is actually injured, without him in his attempt to produce an explosion, as
required of a child is according to his maturity and other fault on its part than that it had entered on the described by the little girl who was present, admit of no
capacity only, and this is to be determined in such case premises of a stranger without his express invitation or other explanation. His attempt to discharge the cap by
by the circumstances of the case." permission. To hold otherwise would be expose to all the use of electricity, followed by his efforts to explode
- The doctrine of the case of Railroad Company vs. the children in the community to unknown perils and it with a stone or a hammer, and the final success of his
Stout was vigorously controverted and sharply unnecessary danger at the whim of the owners or endeavors brought about by the applications of a
criticized in severally state courts, saying that (1) That match to the contents of the cap, show clearly that he
torts & damages A2010 - 25 - prof. casis
knew what he was about. Nor can there be any - Jarco Mktg Corp, et al’s side: Criselda was - The test in determining the existence of negligence is
reasonable doubt that he had reason to anticipate that negligent in taking care of her daughter for allowing her enunciated in the landmark case of Picart v. Smith,
the explosion might be dangerous, in view of the fact to roam freely. Zhieneth was guilty of contributory thus: Did the defendant in doing the alleged negligent
that the little girl, 9 years of age, who was with him at negligence because she tried to climb the counter. The act use that reasonable care and caution which an
the time when he put the match to the contents of the counter was made of sturdy wood with a strong base ordinary prudent person would have used in the same
cap, became frightened and ran away. and was used without incident for the past 15 years. It situation? If not, then he is guilty of negligence.
- We think it is quite clear that under the doctrine thus was deliberately placed at a corner to avoid such - Gonzales’ testimony about what Zhieneth said to the
stated, the immediate cause of the explosion , the accidents. The testimony of two former employees, doctor should be accepted because at the time she said
accident which resulted in plaintiff's injury, was his own Gonzales and Guevarra, should not be believed it, she was in so much pain and she answered right
act of putting a match to the contents of the cap, and because he might have ill feelings towards petitioners. away. This means she wasn’t making it up. It is
that having "contributed to the principal occurrence, as The testimony of the present employees (that Zhieneth axiomatic that matters relating to declarations of pain
one of its determining factors, he can not recover." climbed the counter so it fell) should instead be or suffering and statements made to a physician are
DISPOSITION The petition is DISMISSED. believed. generally considered declarations and admissions. All
- The Aguilars’ side: While in the dept store, that is required for their admissibility as part of the res
JARCO MARKETING CORP V CA Criselda never let go of her daughter except to sign the gestae is that they be made or uttered under the
credit card slip. Gonzales testified that the gift influence of a startling event before the declarant had
(AGUILAR)
wrapping counter was right beside the verification the time to think and concoct a falsehood as witnessed
DAVIDE; December 21, 1999 counter where Criselda was signing. Both Gonzales and by the person who testified in court. Under the
Guevarra testified to the structural instability and circumstances thus described, it is unthinkable for
FACTS shakiness of the counter which is in the shape of and ZHIENETH, a child of such tender age and in extreme
- Petitioner Jarco Marketing Corporation is the owner of inverted “L,” with a base smaller than the top. The pain, to have lied to a doctor whom she trusted with
Syvel's Department Store, Makati City. Petitioners protruding part of the counter was at the costumer her life. We therefore accord credence to Gonzales'
Leonardo Kong, Jose Tiope and Elisa Panelo are the side. They both had informed management (while they testimony on the matter, i.e., ZHIENETH performed no
store's branch manager, operations manager, and were still working there) that the counter should be act that facilitated her tragic death. Sadly, petitioners
supervisor, respectively. Private respondents are nailed to the floor. The management did nothing. did, through their negligence or omission to secure or
spouses and the parents of Zhieneth Aguilar. make stable the counter's base.
- On May 9, 1983, Criselda and Zhieneth were at the 2nd ISSUE 2. JARCO MKTG, ET AL.
flr or Syvel’s Dept. Store. Criselda momentarily let go of 1. WON the incident is accident or attributable to - Petitioner Panelo and another store supervisor were
her daughter’s hand to sign her credit card slip at the negligence personally informed of the danger posed by the
payment and verification counter. She suddenly felt a 2. If negligence, who was negligent? unstable counter. Yet, neither initiated any concrete
gust of wind and heard a loud thud. She looked behind action to remedy the situation nor ensure the safety of
her and saw her daughter on the floor, pinned by the HELD the store's employees and patrons as a reasonable and
gift-wrapping counter. Zhieneth was crying and 1. NEGLIGENCE. ordinary prudent man would have done. Thus, as
screaming for help. Criselda was able to ask people to - An accident pertains to an unforeseen event in which confronted by the situation petitioners miserably failed
help her and bring her daughter to the hospital. no fault or negligence attaches to the defendant. It is "a to discharge the due diligence required of a good father
- She was operated on immediately at the hospital. fortuitous circumstance, event or happening; an event of a family.
Gonzales, a former employee of Syvel’s Dept Store who happening without any human agency, or if happening No contributory negligence from Zhieneth
helped bring Zhieneth to the hospital, heard her tell the wholly or partly through human agency, an event which - The conclusive presumption favors children below
doctor that she “nothing. I did not come near the under the circumstances is unusual or unexpected by nine (9) years old in that they are incapable of
counter and the counter just fell on me,” when asked the person to whom it happens." contributory negligence. In our jurisdiction, a person
“what did you do?” She died 14 days later, on the - On the other hand, negligence is the omission to do under nine years of age is conclusively presumed to
hospital bed. She was 6 years old. The cause of her something which a reasonable man, guided by those have acted without discernment, and is, on that
death was attributed to the injuries she sustained. considerations which ordinarily regulate the conduct of account, exempt from criminal liability. The same
- After the burial of their daughter, the Aguilars human affairs, would do, or the doing of something presumption and a like exemption from criminal liability
demanded from the petitioners the reimbursement of which a prudent and reasonable man would not do. obtains in a case of a person over nine and under
hospital and medical bills, and wake and funeral Negligence is "the failure to observe, for the protection fifteen years of age, unless it is shown that he has
expenses. Petitioners refused to pay. So the Aguilars of the interest of another person, that degree of care, acted with discernment. Since negligence may be a
filed a complaint for damages wherein they sought the precaution and vigilance which the circumstances justly felony and a quasi-delict and required discernment as a
payment of P157,522.86 for actual damages, P300,000 demand, whereby such other person suffers injury." condition of liability, either criminal or civil, a child
for moral damages, P20,000 for attorney's fees and an - Accident and negligence are intrinsically under nine years of age is, by analogy, conclusively
unspecified amount for loss of income and exemplary contradictory; one cannot exist with the other. Accident presumed to be incapable of negligence; and that the
damages. occurs when the person concerned is exercising presumption of lack of discernment or incapacity for
- RTC – for Jarco Marketing Corp, et al. RTC mfr – for the ordinary care, which is not caused by fault of any negligence in the case of a child over nine but under
Aguilars. CA and CA mfr – for the Aguilars. person and which could not have been prevented by fifteen years of age is a rebuttable one, under our law.
any means suggested by common prudence. The rule, therefore, is that a child under nine years of
torts & damages A2010 - 26 - prof. casis
age must be conclusively presumed incapable of the Province. Subsequently, Abaya, in view of Tiangco’s electricity used in lighting the City of Manila and its
contributory negligence as a matter of law. (Sangco) good conduct recommended the dismissal of the case. suburbs.
- Even if we attribute contributory negligence to The CFI dismissed the criminal case, but reserved such - Jose Noguera saw that the wire was burning and its
ZHIENETH and assume that she climbed over the right as the heirs of the deceased might have to connections smoking. One of the ends of the wire fell to
counter, no injury should have occurred if we accept recover damages in a civil action against said Tiangco. the ground among some shrubbery close to the way.
petitioners' theory that the counter was stable and Accordingly, the civil action in the instant case was filed - As soon as Noguera took cognizance of the trouble, he
sturdy. For if that was the truth, a frail six-year old against defendant-appellant for damages in the sum of stepped into a garage which was located nearby and
could not have caused the counter to collapse. The P2,000 for the death of Magtibay. The CFI gave asked Jose Soco to telephone the Malabon station of
physical analysis of the counter by both the trial court judgment for plaintiffs for P2,000 as damages. Hence MERALCO that an electrical wire was burning at that
and Court of Appeals and a scrutiny of the evidence on this appeal. place.
record reveal that it was not durable after all. Shaped - Soco transmitted the message at 2.25 p.m. and
like an-inverted "L" the counter was heavy, huge, and ISSUE received answer from the station to the effect that they
its top laden with formica. It protruded towards the WON the suspension of the sentence under Art. 80 of would send an inspector.
customer waiting area and its base was not secured. the RPC, after appellant had pleaded guilty, exonerated - At the time that message was sent the wire had not
No contributory negligence from Criselda him from the crime charged yet parted, but from the testimony of Demetrio Bingao,
- CRISELDA too, should be absolved from any one of the witnesses for the defense, it is clear that the
contributory negligence. Initially, ZHIENETH held on to HELD end of the wire was on the ground shortly after 3 p.m.
CRISELDA's waist, later to the latter's hand. CRISELDA NO - At 4 p. m. the neighborhood school was dismissed and
momentarily released the child's hand from her clutch - The suspension of the sentence under Art.80 of the the children went home.
when she signed her credit card slip. At this precise Revised Penal Code, after appellant herein had pleaded - Alberto del Rosario, 9 yrs old, who was a few paces
moment, it was reasonable and usual for CRISELDA to guilty, did not wipe out his guilt, but merely put off the ahead of his classmates, Jose Salvador and Saturnino
let go of her child. Further, at time ZHIENETH was imposition of the corresponding penalty, in order to Endrina, all members of the second grade in the public
pinned down by the counter, she was just a foot away give the delinquent minor a chance to be reformed. school.
from her mother; and the gift-wrapping counter was When, therefore, after he had observed good conduct, - As the three neared the place where the wire was
just four meters away from CRISELDA. The time and the criminal case was dismissed, this did not mean that down, Saturnino made a motion as if it touch it.
distance were both significant. ZHIENETH was near her he was exonerated from the crime charged, but simply - Jose, who happened to be the son of an electrician,
mother and did not loiter as petitioners would want to that he would suffer no penalty. Nor did such dismissal knew never to touch a broken electrical wire (as his dad
impress upon us. She even admitted to the doctor who of the criminal case obliterate his civil liability for told him so!)- stopped Saturnino- telling him that the
treated her at the hospital that she did not do anything; damages. Liability of an infant for his torts is imposed wire might be charged.
the counter just fell on her. as a mode, not of punishment, but of compensation. If - Saturnino yielded to this admonition and stopped, but
Disposition The instant petition is DENIED and the property has been destroyed or other loss occasioned Alberto, who was somewhat ahead, said, “I have for
challenged decision of the Court of Appeals is hereby by a wrongful act, it is just that the loss should upon some time been in the habit of touching wires”.
AFFIRMED the estate of the wrongdoer rather than that of a - Jose rejoined that he should into touch wires as they
guiltless person, and that without reference to the carry a current, but Alberto, no doubt feeling that he
question of moral guilt. Consequently, for every was challenged in the matter, put out his index finger
MAGTIBAY V TIANGCO
tortuous act of violence or other pure tort, the infant and touch the wire.
74 Phil 756 tort-feasor is liable in a civil action to the injured person - He immediately fell face downwards, exclaiming "Ay!
BOCOBO; February 28, 1944 in the same manner and to the same extent as an madre".
adult. - The end of the wire remained in contact with his body
NATURE DISPOSITION Judgment affirmed. which fell near the post.
Appeal from a judgment of the Court of First Instance - A crowd soon collected, and some one cut the wire
Batangas and disengaged the body. Upon being taken to St.
DEL ROSARIO V MANILA ELECTRIC CO.
Luke's Hospital the child was pronounced dead.
FACTS 57 PHIL 478 - The wire was an ordinary number 6 triple braid
- Defendant-appellant Tiangco, a minor under 18 years STREET; November 5, 1932 weather proof wire, such as is commonly used by the
of age, pleaded guilty to an information for homicide defendant company for the purpose of conducting
through reckless negligence in that he had recklessly FACTS electricity for lighting.
driven an automobile and thereby caused the death of ***This action was instituted by Julian del Rosario for - The wire was cased in the usual covering, but this had
Magtibay, of whom plaintiffs-appellees are the lawful the purpose of recovering damages from Meralco for been burned off for some distance from the point
heirs. The Court of First Instance (CFI) Batangas found the death of his son, Alberto, resulting from a shock where the wire parted.
Tiangco guilty as charged, but as he was under 18 from a wire used by the defendant for the transmission - The engineer of the company says that it was
years of age, the sentence was suspended, and he was of electricity. customary for the company to make a special
committed to the care and custody of Atty. Abaya, until - Aug 4, 1930 – 2pm: a wire used by the defendant on inspection of these wires at least once in six months,
Tiangco would reach his majority, subject to the Dimas- Alang St for the purpose of conducting and that all of the company's inspectors were
supervision of the Superintendent of Public Schools of
torts & damages A2010 - 27 - prof. casis
required in their daily rounds to keep a lookout - The indemnity allowed in criminal case is merely - Principal Soriano cannot be held liable, being head of
for trouble of this kind. incidental to the main object sought, which is the academic school and not school of arts and trades, in
- There is nothing in the record indicating any particular punishment of the guilty party. line with Amadora case and Art 2180 of Civil Code. It is
cause for the parting of the wire.l - In a civil action, the principal object is the only the teacher who should answer for torts
recovery of damages for wrongful death; and committed by their students. Besides, Soriano did not
where, as in this case, the defendant is a corporation, order the digging.
ISSUE
not subject to criminal prosecution for the act - Based on Article 2180, Aquino can be held liable.
WON Manila Electric is liable
complained of, the question assumes a vastly different However, petition is based on Article 2176. Did the
aspect. acts/omissions of Aquino cause the death of Ylarde?
HELD
- There should be a distinction between the civil liability Yes. He is liable for damages. The work required adult
YES
of an ordinary person who, by wrongful act, has caused laborers. He required the children to remain in the pit
Reasoning
the death of another; and the civil liability of a after they finished digging. He ordered them to level
- When notice was received at the Malabon station at
corporation, organized primarily for profit, which has the soil when a huge stone was at brink of falling. He
2.25 p. m., somebody should have been dispatched to
caused the death of a person by failure to exercise due went to another place and left the kids.
the scene of the trouble at once, or other measures
care in the prosecution of its business. - Left by themselves, IT WAS BUT NATURAL FOR THE
taken to guard the point of danger; but more than an 1
- The liability of such a corporation for damages must CHILDREN TO PLAY AROUND. IN RULING THAT YLARDE
½ hours passed before anyone from MERALCO
be regarded as a part of the risks which it assumes WAS IMPRUDENT, THE LOWER COURT DID NOT
appeared on the scene, and in the meantime Alberto
when it undertakes to promote its own business; and CONSIDER HIS AGE AND MATURITY. A MINOR SHOULD
had been claimed as a victim.
just as it is entitled to earn adequate profits from its NOT BE HELD TO THE SAME DEGREE OF CARE AS AN
- The mere fact that the deceased ignored the caution
business, so it should be made adequately to ADULT.
of Jose (8 yrs old), doesn’t alter the case.
compensate those who have suffered damage by its - Aquino also said the digging was part of Work
- But even supposing that contributory negligence
negligence. Education. This is unacceptable. Work is too
could in some measure be properly imputed to the
dangerous and it was not even in the lesson plan.
deceased, such negligence would not be wholly fatal to
the right of action in this case, not having been the YLARDE V AQUINO
determining cause of the accident. (Rakes vs. [citation] CULION ICE, FISH AND ELECTRIC CO V
Atlantic, Gulf and Pacific Co., 7 Phil., 359.) GANCAYCO; July 29, 1988 PHILIPPINE MOTORS CORPORATION
- With respect to the amount of damages recoverable,
Julian is entitled to recover P250 for expenses
[citation]
incurred in connection with the death and burial of
NATURE STREET; November 3, 1930
Petition for review on certiorari
the boy.
- Citing Astudillo vs. Manila Electric Company: Julian NATURE
FACTS Appeal from decision of the CFI
should recover the sum of P1,000 as general
- Soriano was principal. Aquino was a teacher. The
damages for loss of service.
school was littered with concrete blocks. Teacher FACTS
Disposition judgment reversed
Banez started burying them. Aquino gathered 18 male - Cranston was the representative of the plaintiff in
pupils to help. He ordered them to dig. Work was Manila and plaintiff was the registered owner of the
SEPARATE OPINION unfinished. motor schooner Gwendoline.
- Ff day, Aquino called 4 of the 18 to continue. Aquino - Cranston decided to have the engine on the
ABAD SANTOS [concur in part and continued digging while the pupils remained inside the Gwendoline changed from a gasoline consumer to a
pit throwing out the loose soil. Aquino left the children
dissent in part] crude oil burner. He had a conference with Quest, Phil.
to level the loose soil and borrowed a key from Banez. Motors manager, who agreed to do the job, with the
- He concurs that MERALCO is held liable for the death Aquino told the kids not to touch the stone. understanding that payment should be made upon
of Alberto, but dissents in so far as the decision allows - 3 of the 4 kids jumped into the pit. The remaining completion of the work.
the recovery of the father of the sum of P1,250 only as Abaga jumped on the concrete block causing it to slide - The work was begun and conducted under the
damages. It should be P 2250. down. 2 were able to escape but student Ylarde supervision of Quest, chiefly by a mechanic whom
- His reasoning: It is well settled in this jurisdiction that sustained injuries. 3 days later he died. Quest took with him to the boat. Quest had the
an action will lie to recover damages for death caused Parents filed suit against Aquino and Soriano. Lower assistance of the members of the crew of the
by the wrongful act. (Manzanares vs. Moreta, 38 Phil., court dismissed and CA affirmed and said child Ylarde Gwendoline, who had been directed by Cranston to
821.) was negligent. place themselves under Quest's directions.
- In criminal cases- indemnity to the heirs of the
- Upon preliminary inspection of the engine, Quest
deceased is equivalent to P1,000 ISSUE concluded that a new carburetor was needed and thus
- Whatever may be the reasons for the rule followed in WON Aquino and Soriano can be held liable for installed a Zenith carburetor. The engine was tried with
criminal cases, I am of the opinion that those reasons damages gasoline and the result was satisfactory. The next
do not obtain in fixing the amount of the damages
problem was to introduce into the carburetor the baser
recoverable in the present case. HELD fuel, consisting of a low grade of oil mixed with
torts & damages A2010 - 28 - prof. casis
distillate. A temporary tank to contain the mixture was will be held liable for negligence if he fails to exhibit the be incompatible with the situation now under
placed on deck above and at a short distance from the care and skill of one ordinarily skilled in the particular consideration.
compartment covering the engine. This tank was work which he attempts to do. - This action was instituted about two years after the
connected with the carburetor by a piece of tubing, Reasoning accident had occured, and after Quest had ceased to
which was apparently not well fitted at the point where - The temporary tank in which the mixture was be manager and had gone back to the US. Upon these
it was connected with the tank. The fuel mixture leaked prepared was apparently at too great an elevation from facts, the defendant bases the contention that the
from the tank and dripped sown into the engine the carburetor, so that when the fuel line was opened, action should be considered stale. It is sufficient reply
compartment. The new fuel line and that already in use the hydrostatic pressure in the carburetor was greater to say that the action was brought within the period
between the gasoline tank and carburetor were so fixed than the delicate parts of the carburetor could sustain. limited by the statute of limitations and the situation is
that it was possible to change from the gasoline fuel to This was the cause of the flooding of the carburetor; not one where the defense of laches can be properly
the mixed fuel. This arrangement enables the operator and the result was that; when the back fire occurred, invoked.
to start the engine on gasoline and then, after the the external parts of the carburetor, already saturated DISPOSITION Judgment appealed from affirmed.
engine had been operating for a few moments, to with gasoline, burst into flames, whence the fire was
switch to the new fuel supply. quickly communicated to the highly inflammable
UNITED STATES V PINEDA
- It was observed that the carburetor was flooding, and material near-by. The leak along the pipe line and the
that the gasoline, or other fuel, was trickling freely from flooding of the carburetor had created a dangerous 37 Phil 456
the lower part to the carburetor to the floor. This fact situation, which a prudent mechanic, versed in repairs MALCOLM; January 22, 1918
was called to Quest's attention, but he said that, when of this nature, would have taken precautions to avoid.
the engine had gotten to running well, the flooding The back fire may have been due either to the fact that NATURE
would disappear. the spark was too advanced or the fuel improperly Appeal requiring a construction and an application, for
- The boat was taken out into the bay for a trial run. mixed. the first time, of the penal provisions of the Pharmacy
The engine stopped a few times during the first part of - Proof shows that Quest had had ample experience in Law.
the course, owing to the use of an improper mixture of fixing the engines of automobiles and tractors, but it
fuel. In the course of the trial, Quest remained outside does not appear that he was experienced in the doing FACTS
of the engine compartment and occupied himself with of similar work on boats. Possibly the dripping of the - Santiago Pineda is a registered pharmacist of long
making distillate, with a view to ascertaining what mixture form the tank on deck and the flooding of the standing and the owner of a drug store located at Calle
proportion of the two elements would give best results carburetor did not convey to his mind an adequate Santo Cristo, Manila. Feliciano Santos, having some
in the engine. impression of the danger of fire. Quest did not use the sick horses, presented a copy of a prescription
- As the boat was coming in from this run, the engine skill that would have been exhibited by one ordinarily obtained from Dr. Richardson, and which on other
stopped, and connection again had to be made with the expert in repairing gasoline engines on boats. There occasions Santos had given to his horses with good
gasoline line to get a new start. After this had been was here, on the part of Quest, a blameworthy results, at Pineda's drug store for filling. The
done the mechanic, or engineer, switched to the tube antecedent inadvertence to possible harm, and this prescription read: "clorato de potasa - 120 gramos - en
connecting with the new mixture. A moment later a constitutes negligence. The burning of the Gwendoline seis papelitos de 20 gramos, para caballo." Under the
back fire occurred in the cylinder chamber. This caused may be said to have resulted from accident, but this supervision of Pineda, the prescription was prepared
a flame to shoot back into the carburetor, and instantly accident was in no sense an unavoidable accident. It and returned to Santos in the form of six papers
the carburetor and adjacent parts were covered with a would not have occured but for Quest's carelessness or marked, "Botica Pineda - Clorato potasa - 120.00 - en
mass of flames, which the members of the crew were lack of skill. The test of liability is not whether the injury seis papeles - Para caballo- Sto. Cristo , Binondo,
unable to subdue. The salvage from, the wreck, when was accidental in a sense, but whether Quest was free Manila." Santos, under the belief that he had
sold, brought only the sum of P150. The value of the from blame. purchased the potassium chlorate which he had asked
boat, before the accident occured, as the court found, - The trial judge seems to have proceeded on the idea for, put two of the packages in water and gave the
was P10,000. that, inasmuch as Quest had control of the Gwendoline doses to two of his sick horses. Another package was
- CFI gave judgment in favor of the plaintiff to recover during the experimental run, the defendant corporation mixed with water for another horse, but was not used.
of the defendant the sum of P9,850, with interest at 6 was in the position of a bailee and that, as a The two horses, to which had been given the
per centum per annum from the date of the filing of the consequence, the burden of proof was on the preparation, died shortly afterwards. Santos,
complaint, until satisfaction of the judgment, with defendant to exculpate itself from responsibility by thereupon, took the three remaining packages to the
costs. proving that the accident was not due to the fault of Bureau of Science for examination. Drs. Peña and
Quest. As a rule workmen who make repairs on a ship Darjuan, of the Bureau of Science, found that the
ISSUE in its owner's yard, or a mechanic who repairs a coach packages contained not potassium chlorate but barium
WON the loss of the boat is chargeable to the without taking it to his shop, are not bailees, and their chlorate. At the instance of Santos, the two chemists
negligence and lack of skill of Quest rights and liabilities are determined by the general also went to the drug store of the defendant and
rules of law, under their contract. The true bailee bought potassium chlorate, which when analyzed was
HELD acquires possession and what is usually spoken of as found to be barium chlorate. (Barium chlorate, it should
YES special property in the chattel bailed. As a consequence be noted, is a poison; potassium chlorate is not.) Dr.
Ratio When a person holds himself out as being of such possession and special property, the bailee is Buencamino, a veterinarian, performed an autopsy on
competent to do things requiring professional skill, he given a lien for his compensation. These ideas seem to the horses, and found that death was the result of
torts & damages A2010 - 29 - prof. casis
poisoning. business which the law demands. unlawful is the giving of a false name to the drug asked
- Turning to the law, certain points therein as bearing for. This view is borne out by the Spanish translation,
ISSUES on our present facts must be admitted. Thus, defendant which we are permitted to consult to explain the
1. WON the lower court erred in admitting the is a pharmacist. As a pharmacist, he is made English text. In the Spanish "supuesto" is used, and this
testimony of the chemist Peña and Darjuan as to their responsible for the quality of all drugs and poisons word is certainly not synonymous with "fraudulent."
purchase of potassium chlorate at the drug store of the which he sells. And finally it is provided that it shall be The usual badges of fraud, falsity, deception, and injury
accused, which proved to be barium chlorate unlawful for him to sell any drug or poison under any must be present - but not scienter.
2. WON the lower court erred in finding that the "fraudulent name." It is the word "fraudulent" which Dispositive Judgment of the lower court, sentencing
substance sold by the accused to Feliciano Santos was has given the court trouble. What did the Legislature the defendant to pay a fine of P100, with subsidiary
barium chlorate and not potassium chlorate intend to convey by this restrictive adjective? imprisonment in case of insolvency, and to pay the
3. WON the lower court erred in finding that the - Were we to adhere to the technical definition of fraud costs, is affirmed with the costs of this instance against
accused has been proved guilty beyond a reasonable it would be difficult, if not impossible, to convict any the appellant, without prejudice to any civil action
doubt of an infraction of the Pharmacy Law, Act No. druggist of a violation of the law. The prosecution which may be instituted.
597, section 17, as amended would have to prove to a reasonable degree of
certainty that the druggist made a material BPI V CA
HELD representation; that it was false; that when he made it
1. NO
216 SCRA 51
he knew that it was false or made it recklessly without
Ratio On the trial of a criminal case where the question any knowledge of its truth and as a positive assertion; GUTIERREZ; November 26, 1992
relates to the tendency of certain testimony to throw that he made it with the intention that it should be
light upon a particular fact, or to explain the conduct of acted upon by the purchaser; that the purchaser acted FACTS
a particular person, there is a certain discretion on the in reliance upon it, and that the purchaser suffered - In the afternoon of October 9, 1981, a person
part of the trial judge which a court of errors will not injury. Such a construction with a literal following of purporting to be Eligia G. Fernando, who had a money
interfere with, unless it manifestly appear that the well-known principles on the subject of fraud would market placement as evidenced by a promissory note
testimony has no legitimate bearing upon the question strip the law of at least much of its force. It would leave with a maturity date of November 11, 1981 and a
at issue, and is calculated to prejudice the accused. the innocent purchaser of drugs, who must blindly trust maturity value of P2,462,243.19, called BPI's Money
Reasoning in the good faith and vigilance of the pharmacist, at the Market Department. The caller wanted to preterminate
- What appellant is relying on is the maxim res inter mercy of any unscrupulous vendor. We should not, the placement, but Reginaldo Eustaquio, Dealer Trainee
alios acta. As a general rule, the evidence of other therefore, without good reason so devitalize the law. in BPI's Money Market Department, told her "trading
offenses committed by a defendant is inadmissible. - The rule of caveat emptor cannot apply to the time" was over for the day, which was a Friday, and
But appellant has confused this maxim and this rule purchase and sale of drugs. The vendor and the vendee suggested that she call again the following week. The
with certain exceptions thereto. The effort is not to do not stand at arms length as in ordinary transactions. promissory note the caller wanted to preterminate was
convict the accused of a second offense. Nor is there An imperative duty is on the druggist to take a roll-over of an earlier 50-day money market
an attempt to draw the mind away from the point at precautions to prevent death or serious injury to placement that had matured on September 24, 1981.
issue and thus to prejudice defendant's case. The anyone who relies on his absolute honesty and peculiar - Later that afternoon, Eustaquio conveyed the request
purpose is to ascertain defendant's knowledge and learning. The nature of drugs is such that examination for pretermination to the officer who before had
intent, and to fix his negligence. If the defendant has would not avail the purchaser any thing. It would be handled Eligia G. Fernando's account, Penelope Bulan,
on more than one occasion performed similar acts, idle mockery for the customer to make an examination but Eustaquio was left to attend to the pretermination
accident in good faith is possibly excluded, negligence of a compound of which he can know nothing. process.
is intensified and fraudulent intent may even be Consequently, it must be that the druggist warrants - On October 12, 1981, the caller of the previous Friday
established. It has been said that there is no better that he will deliver the drug called for. followed up with Eustaquio, merely by phone again, on
evidence of negligence than the frequency of - Remembering particularly the care and skill which are the pretermination of the placement. Although not
accidents. expected of druggists, that in some jurisdictions they familiar with the voice of the real Eligia G. Fernando,
2. NO are liable even for their mistake and in others have the Eustaquio "made certain" that the caller was the real
Reasoning The proof demonstrates the contrary. burden placed upon them to establish that they were Eligia G. Fernando by "verifying" that the details the
3. NO not negligent, it cannot be that the Philippine caller gave about the placement tallied with the details
Ratio In view of the tremendous and imminent danger Legislature intended to use the word "fraudulent" in all in "the ledger/folder" of the account. Eustaquio knew
to the public from the careless sale of poisons and its strictness. A plea of accident and mistake cannot the real Eligia G. Fernando to be the Treasurer of
medicines, we do not deem it too rigid a rule to hold excuse for they cannot take place unless there be Philippine American Life Insurance Company
that the law penalizes any druggist who shall sell one wanton and criminal carelessness and neglect. How the (Philamlife) since he was handling Philamlife's
drug for another whether it be through negligence or misfortune occurs is unimportant, if under all the corporate money market account. But neither
mistake. circumstances the fact of occurrence is attributable to Eustaquio nor Bulan who originally handled Fernando's
Reasoning the druggist as a legal fault. Rather considering the account, nor anybody else at BPI, bothered to call up
- The care required must be commensurate with the responsibility for the quality of drugs which the law Fernando at her Philamlife office to verify the request
danger involved, and the skill employed must imposes on druggists and the position of the word for pretermination.
correspond with the superior knowledge of the "fraudulent" in juxtaposition to "name," what is made
torts & damages A2010 - 30 - prof. casis
- Informed that the placement would yield less than the Fernando, was compared or verified with Eligia G. left Current Account No. 26310-3 with a balance of only
maturity value because of its pretermination, the caller Fernando's signature in BPI's file. Such purported P571.61.
insisted on the pretermination just the same and asked signature has been established to be forged although it - On November 11, 1981, the maturity date of Eligia G.
that two checks be issued for the proceeds, one for has a "close similarity" to the real signature of Eligia G. Fernado's money market placement with BPI, the real
P1,800,000.00 and the second for the balance, and that Fernando. In the afternoon of October 13, 1981, a Eligia G. Fernando went to BPI for the roll-over of her
the checks be delivered to her office at Philamlife. woman who represented herself to be Eligia G. placement. She disclaimed having preterminated her
Eustaquio, thus, proceeded to prepare the "purchase Fernando applied at China Banking Corporation's Head placement on October 12, 1981. She executed an
order slip" for the requested pretermination as required Office for the opening of a current account. She was affidavit stating that while she was the payee of the
by office procedure, and from his desk, the papers, accompanied and introduced to Emily Sylianco Cuaso, two checks in controversy, she never received nor
following the processing route, passed through the Cash Supervisor, by Antonio Concepcion whom Cuaso endorsed them and that her purported signature on the
position analyst, securities clerk, verifier clerk and knew to have opened, earlier that year, an account back of the checks was not hers but forged. With her
documentation clerk, before the two cashier's checks, upon the introduction of Valentin Co, a long-standing surrender of the original of the promissory note (No.
nos. 021759 and 021760 for P1,800,000.00 and "valued client" of CBC. What Cuaso indicated in the 35623 with maturity value of P2,462,243.19)
P613,215.16, respectively, both payable to Eligia G. application form, however, was that the new client was evidencing the placement which matured that day, BPI
Fernando, covering the preterminated placement, were introduced by Valentin Co, and with her initials on the issued her a new promissory note (No. 40314 with
prepared. The two cashier's checks, together with the form signifying her approval, she referred the maturity date of December 23, 1981 and maturity
papers consisting of the money market placement was application to the New Accounts Section for processing. value of P2,500.266.77) to evidence a roll-over of the
to be preterminated and the promissory note (No. As finally proceeds, the application form shows the placement.
35623) to be preterminated, were sent to Gerlanda E. signature of "Eligia G. Fernando", "her" date of birth, - On November 12, 1981, supported by Eligia G.
de Castro and Celestino Sampiton, Jr., Manager and sex, civil status, nationality, occupation ("business Fernando's affidavit, BPI returned the two checks in
Administrative Assistant, respectively, in BPI's Treasury woman"), tax account number, and initial deposit of controversy to CBC for the reason "Payee's
Operations Department, both authorized signatories for P10,000.00. This final approval of the new current endorsement forged". CBC, in turn, returned the checks
BPI, who signed the two checks that very morning. account is indicated on the application form by the for reason "Beyond Clearing Time". These incidents led
Thereafter, the checks went to the dispatcher for initials of Regina G. Dy, Cashier, who did not interview to the filing of this case with the Arbitration Committee.
delivery. the new client but affixed her initials on the application - The Arbitration Committee ruled in favor of BPI and
- Later in the same morning, however, the same caller form after reviewing it. ordered CBC to pay the former the amount of
changed the delivery instructions; instead of the checks - On October 14, 1981, the woman holding herself out P1,206,607.58 with interest thereon at 12% per annum
being delivered to her office at Philamlife, she would as Eligia G. Fernando deposited the two checks in from August 12, 1983.
herself pick up the checks or send her niece, Rosemarie controversy with Current Account No. 126310-3. Her - However, upon CBC’s motion for reconsideration, the
Fernando, to pick them up. Eustaquio then told her that endorsement on the two checks was found to conform Board of Directors of the PCHC reversed the Arbitration
if it were her niece who was going to get the checks, with the depositor's specimen signature. CBC's Committee's decision and dismissed the complaint of
her niece would have to being a written authorization guaranty of prior endorsements and/or lack of BPI while ordering it to pay CBC the sum of
from her to pick up the checks. This telephone endorsement was then stamped on the two checks, P1,206,607.58.
conversation ended with the caller's statement that which CBC forthwith sent to clearing and which BPI - BPI then filed a petition for review with the Regional
"definitely" it would be her niece, Rosemarie Fernando, cleared on the same day. Trial Court of Makati who dismissed said petition but
who would pick up the checks. Thus, Eustaquio had to - Two days after, withdrawals began on Current modified the award by including a provision for
hurriedly go to the dispatcher, Bernardo Laderas, to tell Account No. 26310-3: On October 16, 1981, by means attorney’s fees in favor of CBC, among others.
him of the new delivery instructions for the checks; in of Check No. 240005 dated the same day for - The court of appeals affirmed the trial court’s
fact, he changed the delivery instruction on the P1,000,000.00, payable to "cash", which the woman decision.
purchase order slip, writing thereon "Rosemarie holding herself out as Eligia G. Fernando encashed over
Fernando release only with authority to pick up.” the counter, and Check No. 240003 dated October 15, ISSUES
- It was, in fact Rosemarie Fernando who got the two 1981 for P48,500.00, payable to "cash" which was 1. WON the collecting bank has absolute liability on a
checks from the dispatcher, as shown by the delivery received through clearing from PNB Pasay Branch; on warranty of the validity of all prior endorsements
receipt. As it turned out, the same person October 19, 1981, by means of Check No. 240006 stamped at the back of the checks
impersonated both Eligia G. Fernando and Rosemarie dated the same day for P1,000,000.00, payable to 2. In the event that the payee's signature is forged,
Fernando. Although the checks represented the "cash," which the woman identifying herself as Eligia G. WON the drawer/drawee bank (in this case BPI) may
termination proceeds of Eligia G. Fernando's Fernando encashed over the counter; on October 22, claim reimbursement from the collecting bank which
placement, not just a roll-over of the placement, the 1981, by means of Check No. 240007 dated the same earlier paid the proceeds of the checks after the same
dispatcher failed to get or to require the surrender of day for P370,000.00, payable to "cash" which the checks were cleared
the promissory note evidencing the placement. There is woman herself also encashed over the counter; and on
also no showing that Eligia G. Fernando's purported November 4, 1981, by means of Check No. 240001 HELD
signature on the letter requesting the pretermination dated November 3, 1981 for P4,100.00, payable to 1. NO
and the latter authorizing Rosemarie Fernando to pick "cash," which was received through clearing from Far - BPI contends that respondent CBC's clear warranty
up the two checks, both of which letters were East Bank. The last withdrawal on November 4, 1981 that "all prior endorsements and/or lack of
presumably handed to the dispatcher by Rosemarie endorsements guaranteed" stamped at the back of the
torts & damages A2010 - 31 - prof. casis
checks was an unrestrictive clearing guaranty that all - The records show that petitioner BPI as drawee bank proximate cause of the loss, we rule that the issue as to
prior endorsements in the checks are genuine. Under and respondent CBC as representing or collecting bank whose negligence is graver is relevant. No matter how
this premise petitioner BPI asserts that the presenting were both negligent resulting in the encashment of the many justifications both banks present to avoid
or collecting bank, respondent CBC, had an forged checks. responsibility, they cannot erase the fact that they
unquestioned liability when it turned out that the - The Arbitration Committee in its decision analyzed the were both guilty in not exercising extraordinary
payee's signature on the checks were forged. With negligence of the employees of petitioner BPI involved diligence in the selection and supervision of their
these circumstances, petitioner BPI maintains that in the processing of the pre-termination of Eligia G. employees.
considerations of relative negligence become totally Fernando's money market placement and in the 2. NO
irrelevant. issuance and delivery of the subject checks in this wise: - The next issue hinges on whose negligence was the
- In presenting the checks for clearing and for payment, a) The impostor could have been readily unmasked by proximate cause of the payment of the forged checks
the collecting bank made an express guarantee on the a mere telephone call, which nobody in BPI bothered to by an impostor. Petitioner BPI insists that the doctrine
validity of "all prior endorsements." Thus, stamped at make to Eligia G. Fernando, a vice-president of of last clear chance should have been applied
the back of the checks are the clear warranty: ALL Philamlife; b) The officer who used to handle Eligia G. considering the circumstances of this case. Under this
PRIOR ENDORSEMENTS AND/OR LACK OF Fernando's account did not do anything about the doctrine, where both parties were negligent and such
ENDORSEMENTS GUARANTEED. Without such warranty, account's pre-termination; c) Again no verification negligence were not contemporaneous, the person who
the drawee bank would not have paid on the checks. appears to have been made on Eligia G. Fernando's has the last fair chance to avoid the impending harm
No amount of legal jargon can reverse the clear purported signature on the letter requesting the pre- and fails to do so is chargeable with the consequences,
meaning of the warranty. As the warranty has proven termination and the letter authorizing her niece to pick- without reference to the prior negligence of the other
to be false and inaccurate, the defendant is liable for up the checks, yet, her signature was in BPI's file; and party.
any damage arising out of the falsity of its d) Another step that could have foiled the fraud, but - Applying these principles, petitioner BPI's reliance on
representation. which BPI neglected to take, was requiring before the the doctrine of last clear chance to clear it from liability
- Apropos the matter of forgery in endorsements, this two checks in controversy were delivered, the is not well-taken. CBC had no prior notice of the fraud
Court has emphasized that the collecting bank or last surrender of the promissory note evidencing the money perpetrated by BPI's employees on the pretermination
endorser generally suffers the loss because it has the market placement that was supposedly pre-terminated. of Eligia G. Fernando's money market placement.
duty to ascertain the genuineness of all prior The Arbitration Committee, however, belittled Moreover, Fernando is not a depositor of CBC. Hence, a
endorsements considering that the act of presenting petitioner BPI's negligence compared to that of comparison of the signature of Eligia G. Fernando with
the check for payment to the drawee is an assertion respondent CBC which it declared as graver and the that of the impostor Eligia G. Fernando, which
that the party making the presentment has done its proximate cause of the loss of the subject checks to the respondent CBC did, could not have resulted in the
duty to ascertain the genuineness of the endorsements. impostor who impersonated Eligia G. Fernando. discovery of the fraud. Hence, respondent CBC had no
If the drawee-bank discovers that the signature of the - The PCHC Board of Directors, however, stated that way to discover the fraud at all. In fact the records fail
payee was forged after it has paid the amount of the “these withdrawals, without any further showing that to show that respondent CBC had knowledge, actual or
check to the holder thereof, it can recover the amount the CBC employees ‘had actual knowledge of the implied, of the fraud perpetrated by the impostor and
paid from the collecting bank. However, the point that infirmity or defect, or knowledge of such facts’ (Sec. 56, the employees of BPI.
comes uppermost is whether the drawee bank was Negotiable Instruments Law) that their action in - BPI further argues that the acts and omissions of
negligent in failing to discover the alteration or the accepting their checks for deposit and allowing the respondent CBC are the cause "that set into motion the
forgery. withdrawals against the same ‘amounted to bad faith’ actual and continuous sequence of events that
- The general rule under Section 23 of the Negotiable cannot be considered as basis for holding CBC liable.” produced the injury and without which the result would
Instruments Law is to the effect that a forged signature - Banks handle daily transactions involving millions of not have occurred." Petitioner BPI anchors its argument
is "wholly inoperative", and payment made "through or pesos. By the very nature of their work the degree of on its stance that there was "a gap, a hiatus, an
under such signature" is ineffectual or does not responsibility, care and trustworthiness expected of interval between the issuance and delivery of said
discharge the instrument. The exception to this rule is their employees and officials is far greater than those checks by petitioner BPI to the impostor and their
when the party relying in the forgery is "precluded from of ordinary clerks and employees. For obvious reasons, actual payment of CBC to the impostor. Petitioner BPI
setting up the forgery or want of authority. In this the banks are expected to exercise the highest degree points out that the gap of one (1) day that elapsed from
jurisdiction we recognize negligence of the party of diligence in the selection and supervision of their its issuance and delivery of the checks to the impostor
invoking forgery as an exception to the general rule. employees. is material on the issue of proximate cause. At this
- In the present petition the payee's names in the - In the present case, there is no question that the stage, according to petitioner BPI, there was yet no loss
checks were forged. Following the general rule, the banks were negligent in the selection and supervision and the impostor could have decided to desist from
checks are "wholly inoperative" and of no effect. of their employees. The Arbitration Committee, the completing the same plan and could have held to the
However, the underlying circumstances of the case PCHC Board of Directors and the lower court, however checks without negotiating them.
show that the general rule on forgery is not applicable. disagree in the evaluation of the degree of negligence - Petitioner BPI's contention that CBC alone should bear
The issue as to who between the parties should bear of the banks. While the Arbitration Committee declared the loss must fail. The gap of one (1) day between the
the loss in the payment of the forged checks the negligence of respondent CBC graver, the PCHC issuance and delivery of the checks bearing the
necessities the determination of the rights and Board of Directors and the lower courts declared that impostor's name as payee and the impostor's
liabilities of the parties involved in the controversy in petitioner BPI's negligence was graver. To the extent negotiating the said forged checks by opening an
relation to the forged checks. that the degree of negligence is equated to the account and depositing the same with respondent CBC
torts & damages A2010 - 32 - prof. casis
is not controlling. It is not unnatural or unexpected that FACTS draw a conclusion which enters the realm of
after taking the risk of impersonating Eligia G. - Defendant Manila Electric is a corporation engaged in speculation and guesswork.
Fernando with the connivance of BPI's employees, the operating an electric street railway DISPOSITION Plaintiff not negligent. No facts to merit
impostor would complete her deception by encashing - Plaintiff’s residence in Caloocan fronts on the street a higher award of damages to plaintiff.
the forged checks. There is therefore, greater reason to along which defendant’s tracks run. To enter his
rule that the proximate cause of the payment of the premises from the street, plaintiff must cross US V BAGGAY
forged checks by an impostor was due to the defendant’s tracks.
20 PHIL 142
negligence of petitioner BPI. This finding, - One night, plaintiff drove home in a calesa and, in
notwithstanding, we are not inclined to rule that crossing the tracks to enter his premises, the horse TORRES; September 1, 1911
petitioner BPI must solely bear the loss of stumbled, leaped forward, and fell, throwing the
P2,413,215.16, the total amount of the two (2) forged plaintiff from the vehicle and causing injuries NATURE
checks. Due care on the part of CBC could have - At the point where plaintiff crossed the tracks, the Appeal by the defendant from the judgment rendered
prevented any loss. rails were above-gruond, and the ties upon which the on April 28, 1910, whereby he was declared exempt
- The Court cannot ignore the fact that the CBC rails rested projected from one-third to one-half of their from criminal liability but was obliged to indemnify the
employees closed their eyes to the suspicious depth out of the ground, making the tops of the rails heirs if the murdered woman, Bil-liingan, in the sum of
circumstances of huge over-the-counter withdrawals some 5 or 6 inches or more above the level of the P1,000, to pay the costs in the case and to be confined
made immediately after the account was opened. The street. in an institution for the insane until further order of the
opening of the account itself was accompanied by - It is admitted that the defendant was negligent in court.
inexplicable acts clearly showing negligence. And while maintaining its tracks, but defendant claims the
we do not apply the last clear chance doctrine as plaintiff was also negligent in that he was so FACTS
controlling in this case, still the CBC employees had intoxicated, and such intoxication was the primary - About the 4th of October, 1909, several persons were
ample opportunity to avoid the harm which befell both cause of the accident assembled in the defendant's house in the township of
CBC and BPI. They let the opportunity slip by when the - Trial court held that both parties were negligent, but Penarrubia, Abra, Province of Ilocos Sur, for the
ordinary prudence expected of bank employees would that plaintiff’s negligence was not as great as purpose of holding a song service called "buni"
have sufficed to seize it. defendant’s, awarded plaintiff P1,000. according to the Tinguian custom, when he, the non-
- Both banks were negligent in the selection and Christian Baggay, without provocation suddenly
supervision of their employees resulting in the ISSUE attacked the woman Bil-liingan with a bolo, inflicting a
encashment of the forged checks by an impostor. Both WON the negligence of plaintiff contributed to the serious wound on her head from which she expired
banks were not able to overcome the presumption of “principal occurrence” or “only to his own injury.” (If immediately; and with the same bolo he like wise
negligence in the selection and supervision of their the former, he cannot recover; if the latter, the trial inflicted various wounds on the women named
employees. It was the gross negligence of the court was correct in apportioning damages) Calabayan, Agueng, Quisamay, Calapini, and on his
employees of both banks which resulted in the fraud own mother, named Dioalan.
and the subsequent loss. While it is true that petitioner HELD - For this reason the provincial fiscal filed a complaint
BPI's negligence may have been the proximate cause of NO in the court of Ilocos Sur, dated February 15, charging
the loss, respondent CBC's negligence contributed Ratio Intoxication in itself is not negligence. It is but a the non-Christian Baggay, jr., with murder, because of
equally to the success of the impostor in encashing the circumstance to be considered with the other evidence the violent death of the woman Bil-liingan. This cause
proceeds of the forged checks. Under these tending to prove negligence. was instituted separately from the other, No. 1109, for
circumstances, we apply Article 2179 of the Civil Code Reasoning lesiones. After trial and proof that the defendant was
to the effect that while respondent CBC may recover its - Intoxication in itself is not negligence, and no facts, suffering from mental aberration, the judge on April 28
losses, such losses are subject to mitigation by the other than the fact that Wright was intoxicated, are rendered the judgment cited above, whereupon the
courts. stated which warrant the conclusion that the plaintiff defendant's counsel appealed to this court.
Disposition The questioned Decision and Resolution was negligent. The conclusion that if he had been sober
are MODIFIED. BPI shall be responsible for 60% while he would not have been injured is not warranted by the ISSUE
CBC shall share 40% of the loss of P2,413,215.16 facts as found. It is impossible to say that a sober man WON an insane person, exempt from criminal liability
would not have fallen from the vehicle under the can still be civilly liable
conditions described.
E.M. WRIGHT V MANILA ELECTRIC R.R.
- A horse crossing the railroad tracks with not only the HELD
& LIGHT CO. rails but a portion of the ties themselves aboveground, YES
28 Phil 122 stumbling by reason of the unsure footing and falling, Ratio Civil liability accompanies criminal liability,
MORELAND; October 1, 1914 the vehicle crashing against the rails with such force as because every person liable criminally for a crime or
to break a wheel, might be sufficient to throw a person misdemeanor is also liable for reparation of damage
NATURE from the vehicle no matter what his condition; and to and for indemnification of the harm done, but there
An action to recover damages for injuries sustained in conclude that, under such circumstances, a sober man may be civil liability because of acts ordinarily
an accident would not have fallen while a drunken man did, is to punishable, although the law has declared their
perpetrators exempt from criminal liability.
torts & damages A2010 - 33 - prof. casis
Reasoning seaman of the M/S Pilar II. The main allegation of said place, and circumstances under which the accident
- Such is the case of a lunatic or insane person who, in original complaint was: takes place
spite of his irresponsibility on account of the deplorable “That on May 27, 1949 at about 11:30 o'clock in the - it may be conceded that the death of Filomeno took
condition of his deranged mind, is still reasonably and morning, while the deceased Filomeno Managuit was place "in the course of" his employment, in that it
justly liable with his property for the consequences of on board M/S "Pilar II" as such seaman, he jumped into happened at the "time" when, and at the "place"
his acts, even though they be performed unwittingly, the water to retrieve a 2-peso bill belonging to him, and where-according to the amended complaint-he was
for the reason that his fellows ought not to suffer for as a consequence of which, he was drowned.” working. However, the accident which produced this
the disastrous results of his harmful acts more than is - this however was dismissed due to lack of a cause of tragic result did not "arise out of" his employment. The
necessary, in spite of his unfortunate condition. Law action which defendant filed stating that the allegation blowing of his 2-peso bill may have grown out of, or
and society are under obligation to protect him during does not show that the death of plaintiff's son was due arisen from, his employment. It was the result of a risk
his illness and so when he is declared to be liable with to an "accident arising out of and in the course of peculiar to his work as a seaman or incidental to such
his property for reparation and indemnification, he is employment,". work. But, his death was the consequence of his
still entitled to the benefit of what is necessary for his - she was allowed to file an amended complaint which decision to jump into the water to retrieve said bill. The
decent maintenance, but this protection does not was remanded to the trial court. hazardous nature of this act was not due specially to
exclude liability for damage caused to those who may - her amended complaint stated: “That on May 27, the nature of his employment. It was a risk to which
have the misfortune to suffer the consequences of his 1949, at or about 11:30 o'clock in the morning while any person on board the M/S Pilar II, such as a
acts. the said Filomeno Managuit was in the course of his passenger thereof or an ordinary visitor, would have
- Article 17 of the Penal Code states: employment, performing his duties as such ordinary been exposed had he, likewise, jumped into the sea, as
Every person criminally liable for a crime or seaman on defendant's M/S "Pilar II", which was Filomeno had.
misdemeanor is also civilly liable. anchored then about 1 1/2 miles from the seashore of - was the accident caused by Filomeno’s “notorious
- Article 18 of the same code says: Arceli Dumarang, Palawan, his two-peso bill was blown negligence”?
The exemption from criminal liability declared in Nos. by the breeze into the sea and in his effort to retrieve - "notorious negligence" has been held to be
1, 2, 3, 7, and 10 of article 8 does not include the same from the waters he was drowned. tantamount to "gross negligence", which, in turn, has
exemption from civil liability, which shall be enforced, ISSUE been defined as follows:
subject to the following: WON Amedo could claim compensation from employer - By gross negligence is meant "such entire want of
(1) In cases 1, 2, and 3, the persons who are civilly Rio care as to raise a presumption that the person in fault
liable for acts committed by a lunatic or imbecile, or is conscious of the probable consequences of
a person under 9 years of age, or over this age and HELD carelessness, and is indifferent, or worse, to the danger
under 15, who has not acted with the exercise of NO of injury to person or property of others." (Wall vs.
judgment, are those who have them under their - Plaintiff’s basis for appeal is the Workmen’s Cameron [1882] 6 Colo., 275; see, also, The Law
authority, legal guardianship or power, unless they Compensation Act. Sections 2 and 4 of which: Governing Labor Disputes in the Philippines by
prove that there was no blame or negligence on their Sec. 2. Grounds for compensation. — When any Francisco, 2nd ed., p. 877.)
part. employee receives a personal injury from any accident - It cannot be denied that in jumping into the sea, one
Should there be no person having them under his arising out of and in the course of the employment, or mile and a half from the seashore of Arceli, Dumarang,
authority, legal guardian, or power, if such person be contracts any illness directly caused by such Palawan, Filomeno failed to exercise "even slight care
insolvent, the said lunatics, imbeciles, or minors shall employment, or the result of the nature of such and diligence," that he displayed a "reckless disregard
answer with their own property, excepting that part employment, his employer shall pay compensation in of the safety" of his person, that he could not have
which is exempted for their support in accordance the sums and to the persons hereinafter specified. been but conscious of the probable consequences" of
with the civil law. Sec. 4. Injuries not covered. — Compensation shall not his carelessness and that he was "indifferent, or worse,
DISPOSITION Therefore, the judgment appealed from be allowed for injuries caused (1) by the voluntary to the danger of injury.
being in accordance with law, affirmation thereof is intent of the employee to inflict such injury upon - case provides for other jurisprudence which describe
proper, and it is hereby affirmed, with costs against the himself or another person; (2) by drunkenness on the instances of gross negligence attributable to employee
appellant. part of the laborer who had the accident; (3) by (see case).
notorious negligence of the same. - this is distinguishable from cases wherein the act
AMEDO V RIO - from these provisions three conditions are essential to done is not dangerous per se such as when an
hold an employer liable. These are: (1) the accident employee drops a cigarette on the pavement and picks
[citation] must arise out of the employment; (2) it must happen it up. So, also, if, while Filomeno Managuit was working,
CONCEPCION; May 24, 1954 in the course of the employment; and (3) it must not be his 2-peso bill merely fell from his pocket, and as he
caused by the "notorious negligence" of the employee. picked up the bill from the floor something accidentally
FACTS Point in question is whether the accident was fell upon him and injured him, he would surely be
- This case was instituted on October 18, 1950. In her committed under these 3 conditions entitled to compensation, his act being obviously
original complaint, plaintiff Elena Amedo sought to - "The words "arising out of" refer to the origin or cause innocent.
collect from defendant Rio y Olabarrieta, Inc., the sum of the accident and are descriptive of its character, - since the act done by Filomeno was dangerous, his
of P2,038.40 as compensation for the death of her son, while the words `in the course of' refer to the time, accident could be attributed to his gross negligence.
Filomeno Managuit, who worked for the defendant as a
torts & damages A2010 - 34 - prof. casis
MARINDUQUE IRON MINES AGENTS V - Mere riding on a haulage truck or stealing a ride not function with my many attempts. I have (sic) found
thereon is not negligence, ordinarily. It couldn't be, out later that the fluid pipe on the rear right was cut
WORKMEN’S COMPENSATION
because transportation by truck is not dangerous per that's why the breaks did not function.”
COMMISSION se. - Plaintiff points to the negligence of the defendant
99 PHIL 48 - Although the employer prohibited its employees to driver while Isidro points to the driver of parked truck
BENGZON; June 30, 1956 ride the haulage trucks, its violation does not constitute as negligent, and says that absent such proof of care, it
negligence per se, but it may be an evidence of would, under the doctrine of res ipsa loquitur, evoke
negligence. the presumption of negligence on the part of the driver
NATURE
- Under the circumstance, however, it cannot be of the parked cargo truck as well as his helper, the
Petition for review on certiorari of a decision of the WCC
declared negligence because the proibition had nothing petitioner herein, who was fixing the flat tire of the said
to do with the personal safety of the riders. truck.
FACTS
- Notorious negligence means the same as gross
- A truck driven by Procopio Macunat, belonging to
negligence which implies "conscious indifferenece to ISSUES
Marinduque, turned over and hit a coconut tree
consequences", "pursuing a course of conduct which 1. WON defendant driver Serrano was negligent
resulting in the death of Pedro Mamador and injury to
would naturally and probably result in injury". 2. WON the doctrine of res ipsa loquitur applies in this
the other laborers.
Disposition Award for compensation by WCC affirmed case
- Macunat was prosecuted, convicted and was
sentenced to indemnify the heirs of the deceased. He
has paid nothing, however, to the latter. LAYUGAN V IAC HELD
1 NO
- Deceased’s wife now seeks compensation by 167 SCRA 363
- (Procedural) Ratio Findings of fact are entitled to
Marinduque as the employer. SARMIENTO; November 14, 1968 great respect and will not ordinarily be disturbed by
this Court unless it falls down under the exceptions
ISSUE
NATURE provided by the Court to merit review of the facts.
1. WON Mamador has a right to compensation by
Petition for review on certiorari of IAC decision Reasoning
Marinduque
- This is a question of fact. But this case is an exception
2. WON there was notorious negligence by the
FACTS since: 1) the finding are grounded entirely on
deceased for having violated the employer’s prohibition
- Plaintiff Pedro Layugan testified that while in speculation, surmise, or conjecture; 2) the inference
to ride haulage trucks
Bagabag, Nueva Vizcaya, he and a companion were made is manifestly mistaken, 3) the judgment is based
repairing the tire of their cargo truck which was parked on misapprehension of facts; 4) CA findings are
along the right side of the National Highway. contrary to those of the trial court; 5) the said findings
Defendant's truck driven recklessly by Daniel Serrano of fact are conclusions without citation of specific
bumped the plaintiff, that as a result, plaintiff was evidence on which they are based; and 6) when the
injured and hospitalized. Due to said injuries, his left leg findings of fact of the Court of Appeals are premised on
HELD
was amputated so he had to use crutches to walk. the absence of evidence and are contradicted on
1. YES
- Defendant Godofredo Isidro admitted his ownership of record. Hence, SC entertained review of the factual
- Petitioner alleges that the criminal case sentencing
the vehicle involved in the accident driven by Daniel question.
Macunat to indemnify the heirs of the deceased was a
Serrano. Defendant said that the plaintiff was merely a - (Substantive) Ratio The test by which to determine
suit for damages against a third person, thereby having
bystander, not a truck helper being a brother-in-law law the existence of negligence in a particular case may be
the effect of releasing the employer from liability.
of the driver of said truck; that the truck allegedly stated as follows: Did the defendant in doing the
- The criminal case, however, was not a suit for
being repaired was parked, occupying almost half of alleged negligent act use that reasonable care and
damages against third persons because the heirs did
the right lane towards Solano, Nueva Vizcaya, right caution which an ordinarily prudent person would have
not intervene therein and they have not received the
after the curve; that the proximate cause of the used in the same situation? If not, then he is guilty of
indemnity ordered by the court.
incident was the failure of the driver of the parked truck negligence.
- At any rate, even if the case was against a third
in installing the early warning device, Reasoning
person, the court already decided in Nava vs. Inchausti
- Daniel Serrano, defendant driver, said that he knew [1] Negligence defined. Negligence is the omission to
that criminal prosection of the "other person" does not
the responsibilities of a driver; that before leaving, he do something which a reasonable man, guided by those
affect the liability of the employer.
checked the truck. The truck owner used to instruct him considerations which ordinarily regulate the conduct of
- Petitioner also contends that the amicable settlement
to be careful in driving. He bumped the truck being human affairs, would do, or the doing of something
entered into by Mamador's widow and Macunat barred
repaired by Pedro Layugan, plaintiff, while the same which a prudent and reasonable man would not do
the widow's claim against the employer because she
was at a stop position. From the evidence presented, it [2] Applying the definition and the test, it is clear that
has already elected one of the remedies.
has been established clearly that the injuries sustained the absence or want of care of Daniel Serrano has been
- This contention cannot be sustained because what the
by the plaintiff was caused by defendant's driver, established by clear and convincing evidence. Whether
widow waived was the offender's criminal proscution
Daniel Serrano. Serrano also testified that, “When I was cargo truck was parked along the road or on half the
and not all civil action for damages.
a few meters away, I saw the truck which was loaded shoulder of the road is immaterial taking into account
2. NO
with round logs. I stepped on my foot brakes but it did the warning device consisting of the lighted kerosene
torts & damages A2010 - 35 - prof. casis
lamp placed 3-4m from the back of the truck. But where plaintiff has knowledge and testifies or presents Herminda saw about two or three nurses and Dr.
despite this warning, the Isuzu truck driven by Serrano, evidence as to the specific act of negligence which is Perfecta Gutierrez, the other defendant, who was to
still bumped the rear of the parked cargo truck. As a the cause of the injury, or where there’s direct administer anesthesia. Although not a member of the
direct consequence of such accident Layugan sustained evidence as to the precise cause of the accident and all hospital staff, Herminda introduced herself as Dean of
injuries on his left forearm and left foot. the facts and circumstances attendant on the the College of Nursing at the Capitol Medical Center
2. NO occurrence clearly appear. And once the actual cause who was to provide moral support to the patient, to
Note that for our purposes this was not raised as an of injury is established beyond controversy, no them. Herminda was allowed to stay inside the
issue in this case. Therefore this only Obiter Dicta. But presumptions will be involved and the doctrine operating room.
as far as we’re concerned and relevant to our becomes inapplicable when the circumstances show - Hours later at about 12:15 P.M., Herminda Cruz, who
discussion in the outline, I formulated it in an issue- that no inference of defendant's liability can reasonably was inside the operating room with the patient, heard
type. This is what the Court actually said in the case to be made, whatever the source of the evidence. somebody say that “Dr. Hosaka is already here.” She
prove its just obiter, and its relevant to the main issue In this case it is inapplicable because it was established then saw people inside the operating room “moving,
on negligence: “At this juncture, it may be enlightening by clear and convincing evidence the negligence of the doing this and that, [and] preparing the patient for the
and helpful in the proper resolution of the issue of defendant driver. operation”. As she held the hand of Erlinda Ramos, she
negligence to examine the doctrine of Res ipsa loquitur. Disposition Petition GRANTED with costs against then saw Dr. Gutierrez intubating the hapless patient.
“ private respondents. She thereafter heard Dr. Gutierrez say, “ang hirap ma-
Obiter intubate nito, mali yata ang pagkakapasok. O lumalaki
[1] What is the doctrine of Res Ipsa Loquitur? Two ways ang tiyan” (id., p. 17). Because of the remarks of Dra.
RAMOS V CA
to put it: Gutierrez, she focused her attention on what Dr.
(a) This doctrine is stated thus: "Where the thing which [citation] Gutierrez was doing. She thereafter noticed bluish
causes injury is shown to be under the management of KAPUNAN; December 29, 1999 discoloration of the nailbeds of the left hand of the
the defendant, and the accident is such as in the hapless Erlinda even as Dr. Hosaka approached her.
ordinary course of things does not happen if those who NATURE She then heard Dr. Hosaka issue an order for someone
have the management use proper care, it affords Petition For Certiorari to call Dr. Calderon, another anesthesiologist. After Dr.
reasonable evidence, in the absence of an explanation Calderon arrived at the operating room, she saw this
by the defendant, that the accident arose from want of FACTS anesthesiologist trying to intubate the patient. The
care, and - In the case at bar, the Court is called upon to rule patient’s nailbed became bluish and the patient was
(b) According to Black’s Law dictionary, “Res ipsa whether a surgeon, an anesthesiologist and a hospital placed in a trendelenburg position. Immediately
loquitur. The thing speaks for itself Rebuttable should be made liable for the unfortunate comatose thereafter, she went out of the operating room, and she
presumption or inference that defendant was negligent, condition of a patient scheduled for cholecystectomy. told Rogelio E. Ramos “that something wrong was x x x
which arises upon proof that instrumentality causing - Plaintiff Erlinda Ramos was a robust woman except for happening”. Dr. Calderon was then able to intubate the
injury was in defendant's exclusive control, and that the occasional complaints of discomfort due to pains patient.
accident was one which ordinarily does not happen in allegedly caused by the presence of a stone in her gall - Herminda Cruz immediately rushed back, and saw
absence of negligence. Res ipsa loquitur is rule of bladder she was as normal as any other woman. that the patient was still in trendelenburg position. At
evidence whereby negligence of alleged wrongdoer Because the discomforts somehow interfered with her almost 3:00 P.M. of that fateful day, she saw the
may be inferred from mere fact that accident happened normal ways, she sought professional advice. She was patient taken to the Intensive Care Unit (ICU).
provided character of accident and circumstances advised to undergo an operation for the removal of a - Doctors Gutierrez and Hosaka were also asked by the
attending it lead reasonably to belief that in absence of stone in her gall bladdershe underwent a series of hospital to explain what happened to the patient. The
negligence it would not have occurred and that thing examinations which included blood and urine tests doctors explained that the patient had bronchospasm.
which caused injury is shown to have been under which indicated she was fit for surgery. She and her Erlinda Ramos stayed for about four months in the
management and control of alleged wrongdoer.” husband Rogelio met for the first time Dr. Orlino hospital, she incurred hospital bills amounting to
[2] In our jurisdiction, and the way we apply it in cases, Hozaka, one of the defendants in this case, on June 10, P93,542.25. She has been in a comatose condition.
particularly in the law of negligence: Res ipsa loquitur 1985. They agreed that their date at the operating After being discharged from the hospital, she has been
as a rule of evidence is peculiar to the law of table at the De Los Santos Medical Center, would be on staying in their residence, still needing constant
negligence which recognizes that prima facie June 17, 1985 at 9:00 A.M.. Dr. Hosaka decided that medical attention, with her husband Rogelio incurring a
negligence may be established without direct proof and she should undergo a “cholecystectomy” operation monthly expense ranging from P8,000.00 to
furnishes a substitute for specific proof of negligence. after examining the documents presented to him. P10,000.00. She was also diagnosed to be suffering
The doctrine is not a rule of substantive law but merely Rogelio E. Ramos, however, asked Dr. Hosaka to look from “diffuse cerebral parenchymal damage”.
a mode of proof or a mere procedural convenience. The for a good anesthesiologist. Dr. Hosaka, in turn, - Petitioners filed a civil case for damages with the
doctrine merely determines and regulates what shall be assured Rogelio that he will get a good Regional Trial Court of Quezon City against herein
prima facie evidence thereof and facilitates the burden anesthesiologist. She was admitted in the hospital and private respondents alleging negligence in the
of plaintiff of proving a breach of the duty of due care. was with her sister-in-law, Herminda Cruz, who was the management and care of Erlinda Ramos.
The doctrine can be invoked when and only when, Dean of the College of Nursing at the Capitol Medical - During the trial, both parties presented evidence as to
under the circumstances involved, direct evidence is Center, was also there for moral support. After praying, the possible cause of Erlinda’s injury. Plaintiff
absent and not readily available. So, it is inapplicable she was given injections. At the operating room, presented the testimonies of Dean Herminda Cruz and
torts & damages A2010 - 36 - prof. casis
Dr. Mariano Gavino to prove that the damage sustained Reconsideration - Considering that a sound and unaffected member of
by Erlinda was due to lack of oxygen in her brain 2. WON the doctrine of res ipsa loquitur is applicable the body (the brain) is injured or destroyed while the
caused by the faulty management of her airway by 3. WON the Court of Appeals erred in finding that patient is unconscious and under the immediate and
private respondents during the anesthesia phase. On private respondents were not negligent in the care of exclusive control of the physicians, we hold that a
the other hand, private respondents primarily relied on Erlinda during the anesthesia phase of the operation practical administration of justice dictates the
the expert testimony of Dr. Eduardo Jamora, a and, if in the affirmative, whether the alleged application of res ipsa loquitur. Upon these facts and
pulmonologist, to the effect that the cause of brain negligence was the proximate cause of Erlinda’s under these circumstances the Court would be able to
damage was Erlinda’s allergic reaction to the comatose condition. Corollary thereto, we shall also say, as a matter of common knowledge and
anesthetic agent, Thiopental Sodium (Pentothal). determine if the Court of Appeals erred in relying on observation, if negligence attended the management
- Regional Trial Court rendered judgment in favor of the testimonies of the witnesses for the private and care of the patient. Moreover, the liability of the
petitioners. Court of Appeals reversed. respondents physicians and the hospital in this case is not
- The decision of the Court of Appeals was received on 4. What is the cost for the damages predicated upon an alleged failure to secure the desired
9 June 1995 by petitioner Rogelio Ramos who was results of an operation nor on an alleged lack of skill in
mistakenly addressed as “Atty. Rogelio Ramos.” No HELD the diagnosis or treatment as in fact no operation or
copy of the decision, however, was sent nor received 1. NO treatment was ever performed on Erlinda. Thus, upon
by the Coronel Law Office, then counsel on record of - A careful review of the records reveals that the reason all these initial determination a case is made out for the
petitioners. Rogelio referred the decision of the behind the delay in filing the motion for reconsideration application of the doctrine of res ipsa loquitur.
appellate court to a new lawyer, Atty. Ligsay, only on is attributable to the fact that the decision of the Court - Nonetheless, in holding that res ipsa loquitur is
20 June 1995, or four (4) days before the expiration of of Appeals was not sent to then counsel on record of available to the present case we are not saying that the
the reglementary period for filing a motion for petitioners, the Coronel Law Office. In fact, a copy of doctrine is applicable in any and all cases where injury
reconsideration. On the same day, Atty. Ligsay, filed the decision of the appellate court was instead sent to occurs to a patient while under anesthesia, or to any
with the appellate court a motion for extension of time and received by petitioner Rogelio Ramos on 9 June and all anesthesia cases. Each case must be viewed in
to file a motion for reconsideration. The motion for 1995 wherein he was mistakenly addressed as Atty. its own light and scrutinized in order to be within the
reconsideration was submitted on 4 July 1995. Rogelio Ramos. Based on the other communications res ipsa loquitur coverage.
However, the appellate court denied the motion for received by petitioner Rogelio Ramos, the appellate - Res ipsa loquitur is a Latin phrase which literally
extension of time in its Resolution dated 25 July 1995. court apparently mistook him for the counsel on record. means “the thing or the transaction speaks for itself.”
Meanwhile petitioners engaged the services of another Thus, no copy of the decision of the appellate court was The phrase “res ipsa loquitur” is a maxim for the rule
counsel, Atty. Sillano, to replace Atty. Ligsay. Atty. furnished to the counsel on record. Petitioner, not that the fact of the occurrence of an injury, taken with
Sillano filed on 7 August 1995 a motion to admit the being a lawyer and unaware of the prescriptive period the surrounding circumstances, may permit an
motion for reconsideration contending that the period for filing a motion for reconsideration, referred the inference or raise a presumption of negligence, or make
to file the appropriate pleading on the assailed decision same to a legal counsel only on 20 June 1995. out a plaintiff’s prima facie case, and present a
had not yet commenced to run as the Division Clerk of - It is elementary that when a party is represented by question of fact for defendant to meet with an
Court of the Court of Appeals had not yet served a copy counsel, all notices should be sent to the party’s lawyer explanation. Where the thing which caused the injury
thereof to the counsel on record. Despite this at his given address. With a few exceptions, notice to a complained of is shown to be under the management of
explanation, the appellate court still denied the motion litigant without notice to his counsel on record is no the defendant or his servants and the accident is such
to admit the motion for reconsideration of petitioners in notice at all. In the present case, since a copy of the as in ordinary course of things does not happen if those
its Resolution, dated 29 March 1996, primarily on the decision of the appellate court was not sent to the who have its management or control use proper care, it
ground that the fifteen-day (15) period for filing a counsel on record of petitioner, there can be no affords reasonable evidence, in the absence of
motion for reconsideration had already expired. sufficient notice to speak of. Hence, the delay in the explanation by the defendant, that the accident arose
- A copy of the above resolution was received by Atty. filing of the motion for reconsideration cannot be taken from or was caused by the defendant’s want of care.
Sillano on 11 April 1996. The next day, or on 12 April against petitioner. Moreover, since the Court of - The doctrine of res ipsa loquitur is simply a
1996, Atty. Sillano filed before this Court a motion for Appeals already issued a second Resolution, dated 29 recognition of the postulate that, as a matter of
extension of time to file the present petition for March 1996, which superseded the earlier resolution common knowledge and experience, the very nature of
certiorari under Rule 45. The Court granted the motion issued on 25 July 1995, and denied the motion for certain types of occurrences may justify an inference of
for extension of time and gave petitioners additional reconsideration of petitioner, we believe that the negligence on the part of the person who controls the
thirty (30) days after the expiration of the fifteen-day receipt of the former should be considered in instrumentality causing the injury in the absence of
(15) period counted from the receipt of the resolution determining the timeliness of the filing of the present some explanation by the defendant who is charged with
of the Court of Appeals within which to submit the petition. Based on this, the petition before us was negligence. It is grounded in the superior logic of
petition. The due date fell on 27 May 1996. The submitted on time. ordinary human experience and on the basis of such
petition was filed on 9 May 1996, well within the 2. YES experience or common knowledge, negligence may be
extended period given by the Court. - We find the doctrine of res ipsa loquitur appropriate in deduced from the mere occurrence of the accident
the case at bar. As will hereinafter be explained, the itself. Hence, res ipsa loquitur is applied in conjunction
ISSUES damage sustained by Erlinda in her brain prior to a with the doctrine of common knowledge.
1. WON it should be dismissed for being filed later than scheduled gall bladder operation presents a case for - However, much has been said that res ipsa loquitur is
allowable 15 day period for the filing of the Motion for the application of res ipsa loquitur. not a rule of substantive law and, as such, does not
torts & damages A2010 - 37 - prof. casis
create or constitute an independent or separate ground to the defendant to show that he is not guilty of the therefore, an act of exceptional negligence and
of liability. Instead, it is considered as merely ascribed negligence. Res ipsa loquitur is not a rigid or professional irresponsibility. The measures cautioning
evidentiary or in the nature of a procedural rule. It is ordinary doctrine to be perfunctorily used but a rule to prudence and vigilance in dealing with human lives lie
regarded as a mode of proof, or a mere procedural be cautiously applied, depending upon the at the core of the physician’s centuries-old Hippocratic
convenience since it furnishes a substitute for, and circumstances of each case. It is generally restricted to Oath. Her failure to follow this medical procedure is,
relieves a plaintiff of, the burden of producing specific situations in malpractice cases where a layman is able therefore, a clear indicia of her negligence.
proof of negligence. In other words, mere invocation to say, as a matter of common knowledge and - Private respondents repeatedly hammered the view
and application of the doctrine does not dispense with observation, that the consequences of professional that the cerebral anoxia which led to Erlinda’s coma
the requirement of proof of negligence. It is simply a care were not as such as would ordinarily have followed was due to bronchospasm mediated by her allergic
step in the process of such proof, permitting the if due care had been exercised. A distinction must be response to the drug, Thiopental Sodium, introduced
plaintiff to present along with the proof of the accident, made between the failure to secure results, and the into her system. Towards this end, they presented Dr.
enough of the attending circumstances to invoke the occurrence of something more unusual and not Jamora, a Fellow of the Philippine College of Physicians
doctrine, creating an inference or presumption of ordinarily found if the service or treatment rendered and Diplomate of the Philippine Specialty Board of
negligence, and to thereby place on the defendant the followed the usual procedure of those skilled in that Internal Medicine, who advanced private respondents'
burden of going forward with the proof. Still, before particular practice. It must be conceded that the theory that the oxygen deprivation which led to anoxic
resort to the doctrine may be allowed, the following doctrine of res ipsa loquitur can have no application in encephalopathy, was due to an unpredictable drug
requisites must be satisfactorily shown: a suit against a physician or surgeon which involves the reaction to the short-acting barbiturate. We find the
1. The accident is of a kind which ordinarily does not merits of a diagnosis or of a scientific treatment. The theory of private respondents unacceptable.
occur in the absence of someone’s negligence; physician or surgeon is not required at his peril to - First of all, Dr. Jamora cannot be considered an
2. It is caused by an instrumentality within the explain why any particular diagnosis was not correct, or authority in the field of anesthesiology simply because
exclusive control of the defendant or defendants; and why any particular scientific treatment did not produce he is not an anesthesiologist. Since Dr. Jamora is a
3. The possibility of contributing conduct which the desired result. Thus, res ipsa loquitur is not pulmonologist, he could not have been capable of
would make the plaintiff responsible is eliminated. available in a malpractice suit if the only showing is properly enlightening the court about anesthesia
- In the above requisites, the fundamental element is that the desired result of an operation or treatment was practice and procedure and their complications. Dr.
the “control of the instrumentality” which caused the not accomplished. The real question, therefore, is Jamora is likewise not an allergologist and could not
damage. Such element of control must be shown to be whether or not in the process of the operation any therefore properly advance expert opinion on allergic-
within the dominion of the defendant. In order to have extraordinary incident or unusual event outside of the mediated processes. Moreover, he is not a
the benefit of the rule, a plaintiff, in addition to proving routine performance occurred which is beyond the pharmacologist and, as such, could not have been
injury or damage, must show a situation where it is regular scope of customary professional activity in such capable, as an expert would, of explaining to the court
applicable, and must establish that the essential operations, which, if unexplained would themselves the pharmacologic and toxic effects of the supposed
elements of the doctrine were present in a particular reasonably speak to the average man as the negligent culprit, Thiopental Sodium (Pentothal).
incident. cause or causes of the untoward consequence. If there - An anesthetic accident caused by a rare drug-induced
- In cases where the res ipsa loquitur is applicable, the was such extraneous interventions, the doctrine of res bronchospasm properly falls within the fields of
court is permitted to find a physician negligent upon ipsa loquitur may be utilized and the defendant is anesthesia, internal medicine-allergy, and clinical
proper proof of injury to the patient, without the aid of called upon to explain the matter, by evidence of pharmacology. The resulting anoxic encephalopathy
expert testimony, where the court from its fund of exculpation, if he could. belongs to the field of neurology. On the basis of the
common knowledge can determine the proper standard 3. YES foregoing transcript, in which the pulmonologist himself
of care. Where common knowledge and experience - The CA commited a reversible error. Private admitted that he could not testify about the drug with
teach that a resulting injury would not have occurred to respondents were unable to disprove the presumption medical authority, it is clear that the appellate court
the patient if due care had been exercised, an of negligence on their part in the care of Erlinda and erred in giving weight to Dr. Jamora’s testimony as an
inference of negligence may be drawn giving rise to an their negligence was the proximate cause of her expert in the administration of Thiopental Sodium.
application of the doctrine of res ipsa loquitur without piteous condition. - Proximate cause has been defined as that which, in
medical evidence, which is ordinarily required to show - Dra. Gutierrez failed to properly intubate the patient. natural and continuous sequence, unbroken by any
not only what occurred but how and why it occurred. In the case at bar, respondent Dra. Gutierrez admitted efficient intervening cause, produces injury, and
When the doctrine is appropriate, all that the patient that she saw Erlinda for the first time on the day of the without which the result would not have occurred. An
must do is prove a nexus between the particular act or operation itself, on 17 June 1985. Before this date, no injury or damage is proximately caused by an act or a
omission complained of and the injury sustained while prior consultations with, or pre-operative evaluation of failure to act, whenever it appears from the evidence in
under the custody and management of the defendant Erlinda was done by her. Until the day of the operation, the case, that the act or omission played a substantial
without need to produce expert medical testimony to respondent Dra. Gutierrez was unaware of the part in bringing about or actually causing the injury or
establish the standard of care. Resort to res ipsa physiological make-up and needs of Erlinda. She was damage; and that the injury or damage was either a
loquitur is allowed because there is no other way, likewise not properly informed of the possible direct result or a reasonably probable consequence of
under usual and ordinary conditions, by which the difficulties she would face during the administration of the act or omission. It is the dominant, moving or
patient can obtain redress for injury suffered by him. anesthesia to Erlinda. Respondent Dra. Gutierrez’ act producing cause.
- It does not automatically apply to all cases of medical of seeing her patient for the first time only an hour - Respondent Dr. Hosaka’s negligence can be found in
negligence as to mechanically shift the burden of proof before the scheduled operative procedure was, his failure to exercise the proper authority (as the
torts & damages A2010 - 38 - prof. casis
“captain” of the operative team) in not determining if technically employees, a point which respondent stipulation, one is entitled to an adequate
his anesthesiologist observed proper anesthesia hospital asserts in denying all responsibility for the compensation only for such pecuniary loss suffered by
protocols. In fact, no evidence on record exists to show patient’s condition, the control exercised, the hiring, him as he has duly proved. Such compensation is
that respondent Dr. Hosaka verified if respondent Dra. and the right to terminate consultants all fulfill the referred to as actual or compensatory damages.
Gutierrez properly intubated the patient. Furthermore, important hallmarks of an employer-employee - Our rules on actual or compensatory damages
it does not escape us that respondent Dr. Hosaka had relationship, with the exception of the payment of generally assume that at the time of litigation, the
scheduled another procedure in a different hospital at wages. In assessing whether such a relationship in fact injury suffered as a consequence of an act of
the same time as Erlinda’s cholecystectomy, and was in exists, the control test is determining. Accordingly, on negligence has been completed and that the cost can
fact over three hours late for the latter’s operation. the basis of the foregoing, we rule that for the purpose be liquidated. However, these provisions neglect to
Because of this, he had little or no time to confer with of allocating responsibility in medical negligence cases, take into account those situations, as in this case,
his anesthesiologist regarding the anesthesia delivery. an employer-employee relationship in effect exists where the resulting injury might be continuing and
This indicates that he was remiss in his professional between hospitals and their attending and visiting possible future complications directly arising from the
duties towards his patient. Thus, he shares equal physicians. This being the case, the question now injury, while certain to occur, are difficult to predict.
responsibility for the events which resulted in Erlinda’s arises as to whether or not respondent hospital is - In these cases, the amount of damages which should
condition. solidarily liable with respondent doctors for petitioner’s be awarded, if they are to adequately and correctly
- We now discuss the responsibility of the hospital in condition. respond to the injury caused, should be one which
this particular incident. The unique practice (among - The basis for holding an employer solidarily compensates for pecuniary loss incurred and proved,
private hospitals) of filling up specialist staff with responsible for the negligence of its employee is found up to the time of trial; and one which would meet
attending and visiting “consultants,” who are allegedly in Article 2180 of the Civil Code which considers a pecuniary loss certain to be suffered but which could
not hospital employees, presents problems in person accountable not only for his own acts but also not, from the nature of the case, be made with
apportioning responsibility for negligence in medical for those of others based on the former’s responsibility certainty. In other words, temperate damages can and
malpractice cases. However, the difficulty is only more under a relationship of patria potestas. Such should be awarded on top of actual or compensatory
apparent than real. responsibility ceases when the persons or entity damages in instances where the injury is chronic and
- In the first place, hospitals exercise significant control concerned prove that they have observed the diligence continuing. And because of the unique nature of such
in the hiring and firing of consultants and in the of a good father of the family to prevent damage. In cases, no incompatibility arises when both actual and
conduct of their work within the hospital premises. other words, while the burden of proving negligence temperate damages are provided for. The reason is
Doctors who apply for “consultant” slots, visiting or rests on the plaintiffs, once negligence is shown, the that these damages cover two distinct phases.
attending, are required to submit proof of completion of burden shifts to the respondents (parent, guardian, - As it would not be equitable - and certainly not in the
residency, their educational qualifications; generally, teacher or employer) who should prove that they best interests of the administration of justice - for the
evidence of accreditation by the appropriate board observed the diligence of a good father of a family to victim in such cases to constantly come before the
(diplomate), evidence of fellowship in most cases, and prevent damage. courts and invoke their aid in seeking adjustments to
references. These requirements are carefully - In the instant case, respondent hospital, apart from a the compensatory damages previously awarded -
scrutinized by members of the hospital administration general denial of its responsibility over respondent temperate damages are appropriate. The amount
or by a review committee set up by the hospital who physicians, failed to adduce evidence showing that it given as temperate damages, though to a certain
either accept or reject the application. This is exercised the diligence of a good father of a family in extent speculative, should take into account the cost of
particularly true with respondent hospital. the hiring and supervision of the latter. It failed to proper care.
- After a physician is accepted, either as a visiting or adduce evidence with regard to the degree of - In the instant case, petitioners were able to provide
attending consultant, he is normally required to attend supervision which it exercised over its physicians. In only home-based nursing care for a comatose patient
clinico-pathological conferences, conduct bedside neglecting to offer such proof, or proof of a similar who has remained in that condition for over a decade.
rounds for clerks, interns and residents, moderate nature, respondent hospital thereby failed to discharge Having premised our award for compensatory damages
grand rounds and patient audits and perform other its burden under the last paragraph of Article 2180. on the amount provided by petitioners at the onset of
tasks and responsibilities, for the privilege of being able Having failed to do this, respondent hospital is litigation, it would be now much more in step with the
to maintain a clinic in the hospital, and/or for the consequently solidarily responsible with its physicians interests of justice if the value awarded for temperate
privilege of admitting patients into the hospital. In for Erlinda’s condition. damages would allow petitioners to provide optimal
addition to these, the physician’s performance as a - Upon these disquisitions we hold that private care for their loved one in a facility which generally
specialist is generally evaluated by a peer review respondents are solidarily liable for damages under specializes in such care. They should not be compelled
committee on the basis of mortality and morbidity Article 2176 of the Civil Code. by dire circumstances to provide substandard care at
statistics, and feedback from patients, nurses, interns home without the aid of professionals, for anything less
and residents. A consultant remiss in his duties, or a 4. Given these considerations, the amount of actual would be grossly inadequate. Under the
consultant who regularly falls short of the minimum damages recoverable in suits arising from negligence circumstances, an award of P1,500,000.00 in
standards acceptable to the hospital or its peer review should at least reflect the correct minimum cost of temperate damages would therefore be reasonable.
committee, is normally politely terminated. proper care, not the cost of the care the family is - Meanwhile, the actual physical, emotional and
- In other words, private hospitals, hire, fire and usually compelled to undertake at home to avoid financial cost of the care of petitioner would be virtually
exercise real control over their attending and visiting bankruptcy. impossible to quantify. Even the temperate damages
“consultant” staff. While “consultants” are not, - Art. 2199. - Except as provided by law or by herein awarded would be inadequate if petitioner’s
torts & damages A2010 - 39 - prof. casis
condition remains unchanged for the next ten years. - When Dr. Kho opened the abdomen of Mrs. Villegas testimony and did not consider it with other portions of
- The husband and the children, all petitioners in this she found whitish-yellow discharge inside, an ovarian Dr. Kho’s testimony. Also, the phrase relied upon by the
case, will have to live with the day to day uncertainty of cyst on each of the left and right ovaries which gave trial court does not negate the fact that Dr. Kho saw a
the patient’s illness, knowing any hope of recovery is out pus, dirt and pus behind the uterus, and a piece of piece of rubber in private respondent Villegas'
close to nil. They have fashioned their daily lives rubber material on the right side of the uterus, abdomen, and that she sent it to a laboratory and then
around the nursing care of petitioner, altering their long embedded on the ovarian cyst. The piece of rubber to Cebu City for examination by a pathologist.
term goals to take into account their life with a appeared to be a part of a rubber glove. This was the Furthermore, Dr. Kho's knowledge of the piece of
comatose patient. They, not the respondents, are cause of all of the infection of the ovaries and rubber could not be based on other than first hand
charged with the moral responsibility of the care of the consequently of all the discomfort suffered by Mrs. knowledge for, as she asserted before the trial court.
victim. The family’s moral injury and suffering in this Villegas - It is also worth noting that the trial court paid heed to
case is clearly a real one. For the foregoing reasons, an - The piece of rubber allegedly found was not presented Dr. Batiquin’s testimony, that there was neither any
award of P2,000,000.00 in moral damages would be in court, and Dr. Kho testified that she sent it to a tear on Dr. Batiquin's gloves after the operation nor
appropriate. pathologist in Cebu City for examination. Aside from Dr. blood smears on her hands upon removing her gloves.
- Finally, by way of example, exemplary damages in the Kho's testimony, the evidence which mentioned the But the trial court failed to recognized that these were
amount of P100,000.00 are hereby awarded. piece of rubber are a Medical Certificate, a Progress mere denials or negative testimonies. Well-settled is
Considering the length and nature of the instant suit we Record, an Anesthesia Record, a Nurse's Record, and a the rule that positive testimony is stronger than
are of the opinion that attorney’s fees valued at Physician's Discharge Summary. The trial court, negative testimony.
P100,000.00 are likewise proper. however, regarded these documentary evidence as - While the petitioners claim that contradictions and
DISPOSITION the decision and resolution of the mere hearsay, "there being no showing that the person falsities punctured Dr. Kho's testimony, a reading of the
appellate court appealed from are hereby modified so or persons who prepared them are deceased or unable said testimony reveals no such infirmity and establishes
as to award in favor of petitioners, and solidarily to testify on the facts therein stated Dr. Kho as a credible witness. Dr. Kho was frank
against private respondents the following: 1) - There was also doubts as to the whereabouts of the throughout her turn on the witness stand.
P1,352,000.00 as actual damages computed as of the piece of rubber, as 2 versions arose from Dr. Kho’s Furthermore, no motive to state any untruth was ever
date of promulgation of this decision plus a monthly testimony: 1) that it was sent to the Pathologist in Cebu imputed against Dr. Kho, leaving her trustworthiness
payment of P8,000.00 up to the time that petitioner as testified to in Court by Dr. Kho and (2) that Dr. Kho unimpaired. The trial court's following declaration
Erlinda Ramos expires or miraculously survives; 2) threw it away as told by her to Defendant. The failure of shows that while it was critical of the lack of care with
P2,000,000.00 as moral damages, 3) P1,500,000.00 as the Plaintiffs to reconcile these two different versions which Dr. Kho handled the piece of rubber, it was not
temperate damages; 4) P100,000.00 each as served only to weaken their claim against Defendant prepared to doubt Dr. Kho's credibility, thus only
exemplary damages and attorney’s fees; and, 5) the Batiquin. The trial court ruled in favor of the supporting out appraisal of Dr. Kho's trustworthiness.
costs of the suit. defendants. The CA reversed the decision. - Considering that we have assessed Dr. Kho to be a
credible witness, her positive testimony prevails over
BATIQUIN V CA (Villegas) the negative testimony in favor of the petitioners. As
such, the rule of res ipsa loquitur comes to fore.
258 SCRA 334
ISSUES - This doctrine is stated thus: "Where the thing which
DAVIDE; July 5, 1996 Procedural causes injury is shown to be under the management of
WON the court can review questions of fact the defendant, and the accident is such as in the
NATURE Substantive ordinary course of things does not happen if those who
Petition for review of the decision of the Court of WON Dr. Batiquin is liable have the management use proper care, it affords
Appeals reasonable evidence, in the absence of an explanation
HELD by the defendant, that the accident arose from want of
FACTS Procedural care."
- Mrs. Villegas submitted to Dr. Batiquin for prenatal YES - In the instant case, all the requisites for recourse to
care as the latter's private patient sometime before - While the rule is that only questions of law may be the doctrine are present. First, the entire proceedings
September 21, 1988. In the morning of September 21, raised in a petition for review on certiorari, there are of the cesarean section were under the exclusive
1988 Dr. Batiquin, along with other physicians and exceptions, among which are when the factual findings control of Dr. Batiquin. In this light, the private
nurses, performed a caesarian operation on Mrs. of the trial court and the appellate court conflict, when respondents were bereft of direct evidence as to the
Villegas and successfully delivered the latter’s baby. the appealed decision is clearly contradicted by the actual culprit or the exact cause of the foreign object
- After leaving the hospital, Mrs. Villegas began to evidence on record, or when the appellate court finding its way into private respondent Villegas' body,
suffer abdominal pains and complained of being misapprehended the facts which, needless to say, does not occur unless through
feverish. She also gradually lost her appetite, so she Substantive the intervention of negligence. Second, since aside
consulted Dr. Batiquin at the latter's polyclinic who - The focal point of the appeal is Dr. Kho’s testimony. from the cesarean section, private respondent Villegas
prescribed for her certain medicines. However, the There were inconsistencies within her own testimony, underwent no other operation which could have caused
pains still kept recurring. She then consulted Dr. Ma. which led to the different decision of the RTC and CA. the offending piece of rubber to appear in her uterus, it
Salud Kho. After examining her, Dr Kho suggested that The CA was correct in saying that the trial court erred stands to reason that such could only have been a by-
Mrs. Villegas submit to another surgery. when it isolated the disputed portion of Dr. Kho’s product of the cesarean section performed by Dr.
torts & damages A2010 - 40 - prof. casis
Batiquin. The petitioners, in this regard, failed to the instrumentality which causes the injury either contrary, private respondent testified that she was not
overcome the presumption of negligence arising from knows the cause of the accident or has the best aware of her rights.
resort to the doctrine of res ipsa loquitur. Dr. Batiquin is opportunity of ascertaining it and that the plaintiff has DISPOSITION The case is REMANDED to the Regional
therefore liable for negligently leaving behind a piece of no such knowledge, and therefore is compelled to Trial Court of Pasig City to determine whether the
rubber in private respondent Villegas' abdomen and for allege negligence in general terms and to rely upon the award decreed in its decision is more than that of the
all the adverse effects thereof proof of the happening of the accident in order to ECC, whereupon payments already made to private
DISPOSITION Decision affirmed establish negligence. Res ipsa loquitur is a rule of respondent pursuant to the Labor Code shall be
necessity and it applies where evidence is absent or not deducted therefrom. In all other respects, the Decision
D.M. CONSUNJI V CA readily available, provided the following requisites are of the CA is AFFIRMED.
present:
KAPUNAN; April 20, 2001
(1) the accident was of a kind which does not ordinarily MANILA ELECTRIC CO. V REMONQUILLO
occur unless someone is negligent;
NATURE 99 PHIL 117
(2) the instrumentality or agency which caused the
Appeal from CA affirming decision of RTC ordering injury was under the exclusive control of the person MONTEMAYOR; May 18, 1956
defendant D.M. Consunji, Inc. to pay damages to charged with negligence; and
plaintiff Maria J. Juego (3) the injury suffered must not have been due to any NATURE
voluntary action or contribution on the part of the Petition for review by certiorari of a decision of the
FACTS person injured. Court of Appeals.
- At around 1:30 p.m., November 2, 1990, Jose Juego, a No worker is going to fall from the 14th floor of a
construction worker of D. M. Consunji, Inc., fell 14 floors building to the basement while performing work in a FACTS
from the Renaissance Tower, Pasig City to his death. construction site unless someone is negligent; thus, the - August 22, 1950: Efren Magno went to the house of
Investigation disclosed that while victim Jose A. Juego first requisite is present. As explained earlier, the Antonio Peñaloza, hid stepbrother, on Rodriguez Lanuza
together with Jessie Jaluag and Delso Destajo were construction site with all its paraphernalia and human St, Manila, to repair a leaking “media agua.” The
performing their work on board a steel platform with resources that likely caused the injury is under the “media agua” was just below the window of the third
plywood flooring and cable wires attached to its four exclusive control and management of appellant; thus, story.
corners and hooked at the 5 ton chain block, when the second requisite is also present. No contributory - Standing on said “media agua”, Magno received from
suddenly, the bolt or pin which was merely inserted to negligence was attributed to the appellee’s deceased his son thru the window a 3’x6’ galvanized iron sheet to
connect the chain block with the platform came loose husband; thus, the last requisite is also present. A cover the leaking portion. The lower end of the iron
causing the whole platform assembly and the victim to reasonable presumption or inference of appellant’s sheet came into contact with the electric wire of the
fall down to the basement of the elevator core of the negligence arises. Regrettably, petitioner does not cite Manila Electric Company parallel to the media agua and
building under construction, save his 2 companions any evidence to rebut the inference or presumption of 2 ½ feet from it, causing his death by electrocution.
who luckily jumped out for safety. negligence arising from the application of res ipsa - his widow and children filed suit to recover damages
- On May 9, 1991, Jose Juego’s widow, Maria, filed in the loquitur, or to establish any defense relating to the from the company. Trial court rendered judgment in
RTC of Pasig a complaint for damages against D.M. incident. their favor. Court of Appeals affirmed the decision.
Consunji, Inc. The employer raised, among other 2. NO - The electric wire in question was an exposed,
defenses, the widow’s prior availment of the benefits Ratio Claimants may invoke either the Workmen’s uninsulated primary wire stretched between poles pm
from the State Insurance Fund. After trial, the RTC Compensation Act or the provisions of the Civil Code, the street and carrying a charge of 3600 volts. It was
rendered a decision in favor of the widow. On appeal by subject to the consequence that the choice of one installed there some two years ago before Peñaloza’s
D. M. Consunji, the CA affirmed the decision of the RTC remedy will exclude the other and that the acceptance house was constructed. During the construction of said
in toto. of compensation under the remedy chosen will house a similar incident took place, with less tragic
preclude a claim for additional benefits under the other consequences. The owner of the house complained to
ISSUES remedy. The exception is where a claimant who has defendant about the danger which the wire presented,
1. WON the doctrine of res ipsa loquitur is applicable to already been paid under the Workmen’s Compensation and defendant moved one end of the wire farther from
prove petitioner’s negligence Act may still sue for damages under the Civil Code on the house by means of a brace, but left the other end
2. WON respondent is precluded from recovering the basis of supervening facts or developments where it was.
damages under the Civil Code occurring after he opted for the first remedy. The - Regulations of the City required that “all wires be kept
choice of a party between inconsistent remedies results three feet from the building.”
HELD in a waiver by election. Waiver requires a knowledge of - There was no insulation that could have rendered it
1. YES the facts basic to the exercise of the right waived, with safe, because there is no insulation material in
Ratio As a rule of evidence, the doctrine of res ipsa an awareness of its consequences. That a waiver is commercial use for such kind of wire (according to
loquitur is peculiar to the law of negligence which made knowingly and intelligently must be illustrated on appellant, and this was not refuted).
recognizes that prima facie negligence may be the record or by the evidence. There is no showing that Petitioner’s Claim
established without direct proof and furnishes a private respondent knew of the remedies available to - Owner of the house exceeded the limit for the
substitute for specific proof of negligence. It is based in her when the claim before the ECC was filed. On the construction of the “media agua” (17% more).
part upon the theory that the defendant in charge of Respondent’s Comment
torts & damages A2010 - 41 - prof. casis
Owner was given final permit despite the excess of the Appeal from a judgment of CFI Manila dismissing the - The girl was taken to the provincial hospital. Despite
“media agua”. complaint on the merits filed in an action to recover his efforts, the child died that same night.
damages for injuries - It was certified that the cause of death was "Burns,
ISSUE 3rd Degree, whole Body", and that the contributory
WON Manila Electric is guilty of negligence. FACTS causes were "Congestion of the Brain and visceras
- Due to a collision between the respective automobiles of the chest & abdomen.”
HELD of Bernardo and Legaspi, the former filed an action to - The defense was that the hot water was permitted to
NO recover damages for injuries sustained by his car which flow down the side of the street Gran Captain with
- It was the victim who was guilty of negligence he alleged were by reason of Legaspi's negligence in the knowledge and consent of the authorities; that
Ratio the liability of electric companies for damages or causing said collision. the cause of death was other than the hot water;
personal injury is governed by the rules of negligence, Legaspi, on the other hand, filed a cross-complaint and that in the death the plaintiffs contributed by
nevertheless such companies are not insurers of the alleging it was Bernardo's fault. He also asks for their own fault and negligence.
safety of the public. damages. - The trial judge, however, after examination of the
Reasoning - The lower court found upon the evidence that both evidence presented by the defendants, failed to
- The death of Magno was primarily caused by his own the plaintiff and the defendant were negligent in sustain their theory of the case, except as to the
negligence, and in some measure by the too close handling their automobiles and that said negligence last mentioned special defense. He nevertheless
proximity of the “media agua” to the electric wire of was of such a character and extent on the part of both was led to order the dismissal of the action
the company by reason of the violation of the original as to prevent either from recovering. because of the contributory negligence of the
permit given by the city and the subsequent approval plaintiffs.
of said illegal construction of the “media agua.” Had ISSUE
the house owner followed the terms of the permit given WON the parties may recover damages ISSUE
him by the city for the construction of his WON the action should be dismissed due to the
“media agua”, the distance from the wires to the edge HELD contributory negligence of the plaintiffs
of said “media agua” would have been 3ft and 11 3/8 1. NO
inches. - Where two automobiles, going in opposite directions,
- The company cannot be expected to be always on the collide on turning a street corner, and it appears from
lookout for any illegal construction which reduces the the evidence and is found by the trial court that the HELD
distance between its wires and said construction, and drivers thereof were equally negligent and contributed NO
to change the installation of its wires so as to preserve equally to the principal occurrence as determining - The death of the child was the result of fault and
said distance. causes thereof, neither can recover of the other for negligence in permitting hot water to flow through the
- The violation of the permit for the construction was damages suffered. public streets, there to endanger the lives of passers-by
not the direct cause of the accident. It merely who were unfortunately enough to fall into it
contributed to it. The real cause of the accident or BERNAL V HOUSE - The mother and her child had a perfect right to be on
death was the reckless or negligent act of Magno the principal street of Tacloban, Leyte, on the evening
54 PHIL 327
himself. It is to be presumed that due to his age and when the religious procession was held.
experience he was qualified to do so. He had training MALCOLM; January 30, 1930 - There was nothing abnormal in allowing the child to
and experience for the job. He could not have been run along a few paces in advance of the mother. No
entirely a stranger to electric wires and the danger FACTS one could foresee the coincidence of an automobile
lurking in them. - Fortunata Enverso with her daughter Purificacion appearing and of a frightened child running and falling
- To hold the defendant liable in damages for the death Bernal went to Tacloban, Leyte to attend the into a ditch filled with hot water.
of Magno, such supposed negligence of the company procession of Holy Friday. - The doctrines announced in the much debated case of
must have been the proximate and principal cause of - After the procession, they, accompanied by two other Rakes vs. Atlantic, Gulf and Pacific Co. ([1907], 7 Phil.,
the accident. persons, passed along a public street named Gran 359), still rule. Article 1902 of the Civil Code must again
Capitan. be enforced. The contributory negligence of the
Disposition The appealed decision of the CA is - The little girl was allowed to get a short distance in child and her mother, if any, does not operate as
reversed, and complaint against the Company advance of her mother and her friends. a bar to recovery, but in its strictest sense could
dismissed. - While in front of the offices of the Tacloban Electric & only result in reduction of the damages.
Ice Plant, Ltd., an automobile appeared on which DISPOSITION Judgment appealed from was in part be
frightened the child. She turned to run, but fell into reversed and in the court of origin another judgment
BERNARDO V LEGASPI the street gutter. At that time there was hot water was issued in favor of Fortunata Enverso and against
29 Phil 12 in this gutter or ditch coming from the Electric Ice J.V. House for the amount of P1,000, and for the costs
MORELAND; December 23, 1914 Plant of J.V. House. of both instances.
- When the mother and her companions reached the
NATURE child, they found her face downward in the hot
water. SEPARATE OPINION
torts & damages A2010 - 42 - prof. casis
NO ceiling. Such defects could have been easily discovered
- Petitioner's claim that the collapse of the ceiling of the if only petitioner exercised due diligence and care in
ROMUALDEZ [dissent]
theater's balcony was due to force majeure is not even keeping and maintaining the premises. But as disclosed
- Even taking the finding that the defendant by its
founded on facts because its own witness, Mr. Jesus Lim by the testimony of Mr. Ong, there was no adequate
negligence helped to bring about the accident which
Ong, admitted that "he could not give any reason why inspection of the premises before the date of the
resulted in the death of the child Purificacion Bernal,
the ceiling collapsed." Having interposed it as a accident.
plaintiff, by negligence, contributed to that most
defense, it had the burden to prove that the collapse - That the structural designs and plans of the building
regrettable result.
was indeed caused by force majeure. That Mr. Ong were duly approved by the City Engineer and the
- Judgment appealed from should be affirmed.
could not offer any explanation does not imply force building permits and certificate of occupancy were
majeure. issued do not at all prove that there were no defects in
GOTESCO INVESTMENT CORPORATION - Definitions of force majeure as cited in Pons y the construction, especially as regards the ceiling,
V CHATTO Compañia vs. La Compañia Maritima: considering that no testimony was offered to prove that
210 SCRA 18 1. Blackstone, in his Commentaries on English Law: it was ever inspected at all.
Inevitable accident or casualty; an accident produced - It is settled that:
DAVIDE JR.; June 16, 1992 by any physical cause which is irresistible; such as The owner or proprietor of a place of public
lightning. tempest, perils of the sea, inundation, or amusement impliedly warrants that the premises,
FACTS
earthquake; the sudden illness or death of a person. appliances and amusement devices are safe for
- Plaintiff Gloria E. Chatto, and her 15-year old
2. Escriche, in his Diccionario de Legislacion y the purpose for which they are designed, the
daughter, Lina Delza E. Chatto went to see the movie
Jurisprudenci,: doctrine being subject to no other exception or
"Mother Dear" at Superama I theater, owned by
The event which we could neither foresee nor resist; as qualification than that he does not contract against
defendant Gotesco Investment Corporation.
for example, the lightning stroke, hail, inundation, unknown defects not discoverable by ordinary or
- Hardly ten (10) minutes after entering the theater, the
hurricane, public enemy, attack by robbers; Vis major reasonable means.
ceiling of its balcony collapsed. The theater was
est, says Cayo, ea quae consilio humano neque - This implied warranty has given rise to the rule that:
plunged into darkness and pandemonium ensued.
provideri neque vitari potest. Accident and mitigating Where a patron of a theater or other place of public
- Shocked and hurt, plaintiffs managed to crawl under
circumstances. amusement is injured, and the thing that caused
the fallen ceiling. As soon as they were able to get out
3. Bouvier: Any accident due to natural cause, directly the injury is wholly and exclusively under the
to the street they walked the nearby FEU Hospital
exclusively without human intervention, such as could control and management of the defendant, and the
where they were confined and treated for one (1) day.
not have been prevented by any kind of oversight, accident is such as in the ordinary course of events
- The next day, they transferred to the UST hospital.
pains and care reasonably to have been expected. would not have happened if proper care had been
Plaintiff Gloria Chatto was treated in said hospital from
4. Corkburn, chief justice, in a well considered English exercised, its occurrence raises a presumption or
June 5 to June 19 and plaintiff Lina Delza Chatto from
case, said that were a captain uses all the known permits of an inference of negligence on the part
June 5 to 11.
means to which prudent and experienced captains of the defendant.
- Due to continuing pain in the neck, headache and
ordinarily have recourse, he does all that can be - That presumption or inference was not overcome by
dizziness, plaintiff went to Illinois, USA in July 1982 for
reasonably required of him; and if, under such the petitioner.
further treatment. She was treated at the Cook County
circumstances, he is overpowered by storm or other - Even assuming that the cause of the collapse was due
Hospital in Chicago, Illinois. She stayed in the U.S. for
natural agency, he is within the rule which gives to force majeure, petitioner would still be liable
about three (3) months during which time she had to
immunity from the effects of such vis major. The term because it was guilty of negligence, which the trial
return to the Cook County Hospital five (5) or, six (6)
generally applies, broadly speaking, to natural court denominated as gross. As gleaned from Bouvier's
times.
accidents, such as those caused by lightning, definition of and Cockburn's elucidation on force
- Defendant tried to avoid liability by alleging that the
earthquake, tempests, public enemy ,etc. majeure for one to be exempt from any liability
collapse of the ceiling of its theater was done due to
-The real reason why Mr. Ong could not explain the because of it, he must have exercised care, i.e., he
force majeure. It maintained that its theater did not
cause or reason is that either he did not actually should not have been guilty of negligence.
suffer from any structural or construction defect.
conduct the investigation or that he isincompetent. He Disposition Judgment was denying the instant
- The trial court awarded actual or compensatory and
is not an engineer, but an architect who had not even petition with costs against petitioner.
moral damages and attorney's fees to the plaintiffs.
passed the government's examination.
- Respondent Court found the appeal later filed to be
- Verily, post-incident investigation cannot be
without merit. PLDT V CA (SPS ESTEBAN)
considered as material to the present proceedings.
- Its motion for reconsideration of the decision having
What is significant is the finding of the trial court, REGALADO; September 29, 1989
been denied by the respondent Court, petitioner filed
affirmed by the respondent Court, that the collapse was [CITATION]
the petition in the SC.
due to construction defects. There was no evidence
offered to overturn this finding. NATURE
ISSUE
- The building was constructed barely 4 years prior to Petition for certiorari to review the resolution of the
WON the collapse of the ceiling was caused by force
the accident in question. It was not shown that any of Court of Appeals.
majeur
the causes denominates as force majeure obtained
immediately before or at the time of the collapse of the FACTS
HELD
torts & damages A2010 - 43 - prof. casis
- July 30, 1968 – Jeep of Esteban spouses ran over a - The above findings clearly show that the negligence of NO
mound of earth and fell into an open trench, an respondent Antonio Esteban was not only contributory - The alleged contributory negligence of the victim, if
excavation allegedly undertaken by PLDT for the to his injuries and those of his wife but goes to the very any, does not exonerate the accused.
installation of its underground conduit system. The cause of the occurrence of the accident, as one of its - "The defense of contributory negligence does not
complaint alleged that respondent Antonio Esteban determining factors, and thereby precludes their right apply in criminal cases committed through reckless
failed to notice the open trench which was left to recover damages. imprudence, since one cannot allege the negligence of
uncovered because of the creeping darkness and the Disposition resolutions of respondent CA, dated another to evade the effects of his own negligence
lack of any warning light or signs. March 11, 1990 and September 3, 1980, are hereby (People vs. Orbeta, CA-G.R. No. 321, March 29, 1947)."
- Gloria Esteban allegedly sustained injuries on her SET ASIDE, Its original decision, promulgated on (People vs. Quiñones, 44 O.G. 1520)
arms, legs and face, leaving a permanent scar on her September 25, 1979, is hereby REINSTATED and Disposition the appealed decision is affirmed with
cheek, while the respondent husband suffered cut lips. AFFIRMED. modification as to the civil liability of the petitioner
In addition, the windshield of the jeep was shattered. which is hereby increased to P30,000. Costs against
- PLDT, in its answer, denies liability on the contention GENOBIAGON V CA (PEOPLE OF THE petitioner.
that the injuries sustained by respondent spouses were
PHILS)
the result of their own negligence and that the entity
178 SCRA 422 RAKES V ATLANTIC
which should be held responsible, if at all, is L.R. Barte
GRIÑO-AQUINO; October 22, 1957 [CITATION]
and Company, an independent contractor which
undertook the said construction work. [PONENTE]
- TC ruled in favor of Esteban spouses whereas the CA NATURE
reversed the ruling. Petition for review of the CA’s decision affirming the NATURE
conviction of the petitioner of the crime of homicide Action for damages
ISSUE thru reckless imprudence.
WON the Esteban spouses can claim damages from FACTS
PLDT FACTS - The plaintiff, Rakes, one of a group of 8 African-
- On Dec 31, 1959, at about 7:30 PM, a rig driven by American laborers in the employment of defendant,
HELD Genobiagon bumped an old woman who was crossing Atlantic, was at work transporting iron rails from the
NO the street. The appellant's rig was following another at harbor in Manila. The men were hauling the rails on 2
Ratio A person claiming damages for the negligence of a distance of two meters. The old woman started to hand cars, some behind or at it sides and some pulling
another has the burden of proving the existence of cross when the first rig was approaching her, but as the cars in the front by a rope. At one point, the track
such fault or negligence causative thereof. The facts appellant's vehicle was going so fast not only because sagged, the tie broke, the car canted and the rails slid
constitutive of negligence must be affirmatively of the steep down-grade of the road, but also because off and caught the plaintiff who was walking by the
established by competent evidence. he was trying to overtake the rig ahead of him, the car’s side, breaking his leg, which was later amputated
Reasoning appellant's rig bumped the old woman, who fell at the at the knee.
- The accident was due to the lack of diligence of middle of the road. The appellant continued to drive on, - The plaintiff’s witness alleged that a noticeable
respondent Antonio Esteban and was not imputable to but a by-stander Mangyao saw the incident and depression in the track had appeared after a typhoon.
negligent omission on the part of petitioner PLDT. shouted at the appellant to stop. He ran after appellant This was reported to the foreman, Mckenna, but it had
> Jeep was running along the inside lane of Lacson when the latter refused to stop. Overtaking the not been proven that Atlantic inspected the track or
Street. If it had remained on that inside lane, it would appellant, Mangyao asked him why he bumped the old had any proper system of inspection. Also, there were
not have hit the accident mound woman and his answer was, 'it was the old woman that no side guards on the cars to keep the rails from
> That plaintiffs’ jeep was on the inside lane before it bumped him.' The appellant went back to the place slipping off.
swerved to hit the ACCIDENT MOUND could have where the old woman was struck by his rig. The old - However, the company’s officers and 3 of the workers
been corroborated by a picture showing Lacson woman was unconscious. She was then loaded in a jeep testified that there was a general prohibition frequently
Street to the south of the ACCIDEN MOUND. and brought to the hospital where she died 3 hours made known to all against walking by the side of cars.
> Plaintiffs’ jeep was not running at 25 kilometers an later. As Rakes was walking along the car’s side when the
hour as plaintiff husband claimed. At that speed, he - Genobiagon was convicted of homicide thru reckless accident occurred, he was found to have contributed in
could have braked the vehicle the moment it struck imprudence. CA affirmed some degree to the injury inflicted, although not as the
the ACCIDENT MOUND. - Genobiagon claims CA erred in not finding that the primary cause.
> If the accident did not happen because the jeep reckless negligence of the victim was the proximate - Atlantic contends that the remedy for injury through
was running quite fast on the inside lane and for cause of the accident which led to her death negligence lies only in a criminal action against the
some reason or other it had to swerve suddenly to official directly responsible and that the employer be
the right and had to climb over the ACCIDENT ISSUES held only subsidiarily liable.
MOUND, then plaintiff husband had not exercised WON contributory negligence can be used as defense
the deligence of a good father of a family to avoid by Genobiagon ISSUE
the accident. WON there was contributory negligence on the part of
HELD petitioner
torts & damages A2010 - 44 - prof. casis
notwithstanding the fact that one of the deposit slips slip was left blank while that in the original was filled
HELD was not completely accomplished. up. She should not have been so naive in accepting
YES Ratio Art. 2176. Whoever by act or omission causes hook, line and sinker the too shallow excuse of Ms.
- Petitioner had walked along the side of the car despite damage to another, there being fault or negligence, is Irene Yabut to the effect that since the duplicate copy
a prohibition to do so by the foreman. obliged to pay for the damage done. Such fault or was only for her personal record, she would simply fill
-The negligence of the injured person contributing to negligence, if there is no pre-existing contractual up the blank space later on. 11 A "reasonable man of
his injury but not being one of the determining causes relation between the parties, is called a quasi-delict and ordinary prudence" 12 would not have given credence to
of the principal accident, does not operate as a bar to is governed by the provisions of this Chapter such explanation and would have insisted that the
recovery, but only in reduction of his damages. Each Reasoning space left blank be filled up as a condition for
party is chargeable with damages in proportion to his - There are three elements of a quasi-delict: (a) validation. Unfortunately, this was not how bank teller
fault. damages suffered by the plaintiff; (b) fault or Mabayad proceeded thus resulting in huge losses to the
- Trial court assessed that damages to plaintiff amount negligence of the defendant, or some other person for private respondent.
to PhP5,000. SC deducted PhP2,500, the amount fairly whose acts he must respond; and (c) the connection of - Negligence here lies not only on the part of Ms.
attributable to his own negligence. cause and effect between the fault or negligence of the Mabayad but also on the part of the bank itself in its
defendant and the damages incurred by the plaintiff. lackadaisical selection and supervision of Ms. Mabayad.
- In the case at bench, there is no dispute as to the In the testimony of Mr. Romeo Bonifacio, then Manager
SEPARATE OPINION
damage suffered by the private respondent. Negligence of the Pasig Branch of the petitioner, to the effect that,
is the omission to do something which a reasonable while he ordered the investigation of the incident, he
WILLARD AND CARSON [dissent] man, guided by those considerations which ordinarily never came to know that blank deposit slips were
- the negligence of the defendant alone was insufficient regulate the conduct of human affairs, would do, or the validated in total disregard of the bank's validation
to cause the accident—it also required the negligence doing of something which a prudent and reasonable procedures.
of the plaintiff. Because of this, plaintiff should not be man would do. - It was in fact only when he testified in this case in
afforded relief - Test by which to determine the existence of February, 1983, or after the lapse of more than seven
negligence in a particular case: Did the defendant in (7) years counted from the period when the funds in
doing the alleged negligent act use that reasonable question were deposited in plaintiff's accounts (May,
PHILIPPINE BANK OF COMMERCE V CA care and caution which an ordinarily prudent person 1975 to July, 1976) that bank manager Bonifacio
(ROMMEL’S MARKETING CORP.) would have used in the same situation? If not, then he admittedly became aware of the practice of his teller
269 SCRA 695 is guilty of negligence. The law here in effect adopts Mabayad of validating blank deposit slips. Undoubtedly,
HERMOSISIMA JR; March 14, 1997 the standard supposed to be supplied by the imaginary this is gross, wanton, and inexcusable negligence in the
conduct of the discreet paterfamilias of the Roman law. appellant bank's supervision of its employees.
NATURE The existence of negligence in a given case is not - It was this negligence of Ms. Azucena Mabayad,
Petition for review challenging the CA decision affirming determined by reference to the personal judgment of coupled by the negligence of the petitioner bank in the
the RTC decision in a civil case the actor in the situation before him. The law considers selection and supervision of its bank teller, which was
what would be reckless, blameworthy, or negligent in the proximate cause of the loss suffered by the private
FACTS the man of ordinary intelligence and prudence and respondent, and not the latter's act of entrusting cash
- the case stems from a complaint filed by Rommel’s determines liability by that. to a dishonest employee, as insisted by the petitioners.
Marketing Corporation (RMC) to recover from the - Applying the above test, it appears that the bank's - Proximate cause is determined on the facts of each
former Philippine Bank of Commerce (PBC) the sum of teller, Ms. Azucena Mabayad, was negligent in case upon mixed considerations of logic, common
P304,979.74 representing various deposits it had made validating, officially stamping and signing all the sense, policy and precedent. Bank of the Phil. Islands v.
in its current account with the bank but which were not deposit slips prepared and presented by Ms. Yabut, Court of Appeals, 17 defines proximate cause as "that
credited, and were instead deposited to the account of despite the glaring fact that the duplicate copy was not cause, which, in natural and continuous sequence,
one Bienvenido Cotas, allegedly due to the gross and completely accomplished contrary to the self-imposed unbroken by any efficient intervening cause, produces
inexcusable negligence of the petitioner bank. procedure of the bank with respect to the proper the injury, and without which the result would not have
validation of deposit slips, original or duplicate, as occurred. . . ." In this case, absent the act of Ms.
ISSUE testified to by Ms. Mabayad herself. Mabayad in negligently validating the incomplete
What is the proximate cause of the loss, to the tune of - The fact that the duplicate slip was not compulsorily duplicate copy of the deposit slip, Ms. Irene Yabut
P304,979.74, suffered by the private respondent RMC required by the bank in accepting deposits should not would not have the facility with which to perpetrate her
— petitioner bank's negligence or that of private relieve the petitioner bank of responsibility. The odd fraudulent scheme with impunity.
respondent's? circumstance alone that such duplicate copy lacked - LAST CLEAR CHANCE: under the doctrine of "last clear
one vital information — that of the name of the account chance" (also referred to, at times as "supervening
HELD holder — should have already put Ms. Mabayad on negligence" or as "discovered peril"), petitioner bank
- The proximate cause of the loss was the negligent act guard. Rather than readily validating the incomplete was indeed the culpable party. This doctrine, in
of the bank, thru its teller Ms. Azucena Mabayad, in duplicate copy, she should have proceeded more essence, states that where both parties are negligent,
validating the deposit slips, both original and duplicate, cautiously by being more probing as to the true reason but the negligent act of one is appreciably later in time
presented by Ms. Yabut to Ms. Mabayad, why the name of the account holder in the duplicate than that of the other, or when it is impossible to
torts & damages A2010 - 45 - prof. casis
determine whose fault or negligence should be Petitioners may recover from Ms. Azucena Mabayad the but for a personal record to complement the original
attributed to the incident, the one who had the last amount they would pay the private respondent. Private validated depositor's stub.
clear opportunity to avoid the impending harm and respondent shall have recourse against Ms. Irene - Thus, when Yabut wrote the name of RMC on the
failed to do so is chargeable with the consequences Yabut. In all other respects, the appellate court's blank account name on the validated duplicate copy of
thereof. The rule would also mean that an antecedent decision is AFFIRMED. the deposit slip, tampered with its account number, and
negligence of a person does not preclude the recovery SEPARATE OPINION superimposed RMC's account number, said act only
of damages for the supervening negligence of, or bar a served to cover-up the loss already caused by her to
defense against liability sought by another, if the latter, RMC, or after the deposit slip was validated by the
who had the last fair chance, could have avoided the PADILLA [dissent] teller in favor of Yabut's husband. Stated otherwise,
impending harm by the exercise of due diligence. Here, - It seems that an innocent bank teller is being unduly when there is a clear evidence of tampering with any of
assuming that private respondent RMC was negligent in burdened with what should fall on Ms. Irene Yabut, the material entries in a deposit slip, the genuineness
entrusting cash to a dishonest employee, thus RMC's own employee, who should have been charged and due execution of the document become an issue in
providing the latter with the opportunity to defraud the with estafa or estafa through falsification of private resolving whether or not the transaction had been fair
company, as advanced by the petitioner, yet it cannot document. Why is RMC insulating Ms. Irene Yabut from and regular and whether the ordinary course of
be denied that the petitioner bank, thru its teller, had liability when in fact she orchestrated the entire fraud business had been followed by the bank.
the last clear opportunity to avert the injury incurred by on RMC, her employer? - The legal or proximate cause of RMC's loss was when
its client, simply by faithfully observing their self- - Going back to Yabut's modus operandi, it is not Yabut, its employee, deposited the money of RMC in
imposed validation procedure. disputed that each time Yabut would transact business her husband's name and account number instead of
- In the case of banks, the degree of diligence required with PBC's tellers, she would accomplish two (2) copies that of RMC, the rightful owner of such deposited funds.
is more than that of a good father of a family. of the current account deposit slip. PBC's deposit slip, Precisely, it was the criminal act of Yabut that directly
Considering the fiduciary nature of their relationship as issued in 1975, had two parts. The upper part was caused damage to RMC, her employer, not the
with their depositors, banks are duty bound to treat the called the depositor's stub and the lower part was validation of the deposit slip by the teller as the deposit
accounts of their clients with the highest degree of called the bank copy. Both parts were detachable from slip was made out by Yabut in her husband's name and
care. each other. The deposit slip was prepared and signed to his account.
- The foregoing notwithstanding, it cannot be denied by the depositor or his representative, who indicated - LAST CLEAR CHANCE: As for the doctrine of "last clear
that, indeed, private respondent was likewise negligent therein the current account number to which the chance," it is my considered view that the doctrine
in not checking its monthly statements of account. Had deposit was to be credited, the name of the depositor assumes that the negligence of the defendant was
it done so, the company would have been alerted to the or current account holder, the date of the deposit, and subsequent to the negligence of the plaintiff and the
series of frauds being committed against RMC by its the amount of the deposit either in cash or in checks. same must be the proximate cause of the injury. In
secretary. The damage would definitely not have - Since Yabut deposited money in cash, the usual bank short, there must be a last and a clear chance, not a
ballooned to such an amount if only RMC, particularly procedure then was for the teller to count whether the last possible chance, to avoid the accident or injury. It
Romeo Lipana, had exercised even a little vigilance in cash deposit tallied with the amount written down by must have been a chance as would have enabled a
their financial affairs. This omission by RMC amounts to the depositor in the deposit slip. If it did, then the teller reasonably prudent man in like position to have acted
contributory negligence which shall mitigate the proceeded to verify whether the current account effectively to avoid the injury and the resulting damage
damages that may be awarded to the private number matched with the current account name as to himself.
respondent 23 under A2179 CC, to wit: written in the deposit slip. - In the case at bar, the bank was not remiss in its duty
. . . When the plaintiff's own negligence was the - In the earlier days before the age of full of sending monthly bank statements to private
immediate and proximate cause of his injury, he computerization, a bank normally maintained a ledger respondent RMC so that any error or discrepancy in the
cannot recover damages. But if his negligence was which served as a repository of accounts to which entries therein could be brought to the bank's attention
only contributory, the immediate and proximate debits and credits resulting from transactions with the at the earliest opportunity. Private respondent failed to
cause of the injury being the defendant's lack of due bank were posted from books of original entry. Thus, it examine these bank statements not because it was
care, the plaintiff may recover damages, but the was only after the transaction was posted in the ledger prevented by some cause in not doing so, but because
courts shall mitigate the damages to be awarded. that the teller proceeded to machine validate the it was purposely negligent as it admitted that it does
In view of this, we believe that the demands of deposit slip and then affix his signature or initial to not normally check bank statements given by banks.
substantial justice are satisfied by allocating the serve as proof of the completed transaction. - It was private respondent who had the last and clear
damage on a 60-40 ratio. Thus, 40% of the damage - It should be noted that the teller validated the chance to prevent any further misappropriation by
awarded by the respondent appellate court, except the depositor's stub in the upper portion and the bank copy Yabut had it only reviewed the status of its current
award of P25,000.00 attorney's fees, shall be borne by on the lower portion on both the original and duplicate accounts on the bank statements sent to it monthly or
private respondent RMC; only the balance of 60% copies of the deposit slips presented by Yabut. The regularly. Since a sizable amount of cash was entrusted
needs to be paid by the petitioners. The award of teller, however, detached the validated depositor's stub to Yabut, private respondent should, at least, have
attorney's fees shall be borne exclusively by the on the original deposit slip and allowed Yabut to retain taken ordinary care of its concerns, as what the law
petitioner. the whole validated duplicate deposit slip that bore the presumes. Its negligence, therefore, is not contributory
Disposition the decision of the respondent Court of same account number as the original deposit slip, but but the immediate and proximate cause of its injury.
Appeals is modified by reducing the amount of actual with the account name purposely left blank by Yabut,
on the assumption that it would serve no other purpose
damages private respondent is entitled to by 40%. JUNTILLA V FONTANAR
torts & damages A2010 - 46 - prof. casis
136 SCRA 624 ditch immediately after its right rear tire exploded. The under the circumstances was incumbent upon it. with
evidence shows that the passenger jeepney was regard to inspection and application of the necessary
GUITERREZ JR; May 31, 1985
running at a very fast speed before the accident. We tests. For the purposes of this doctrine, the
agree with the observation of the petitioner that a manufacturer is considered as being in law the agent or
NATURE public utility jeep running at a regular and safe speed servant of the carrier, as far as regards the work of
Petition to review the decision of CFI of Cebu will not jump into a ditch when its right rear tire blows constructing the appliance. According to this theory,
up. There is also evidence to show that the passenger the good repute of the manufacturer will not relieve the
FACTS jeepney was overloaded at the time of the accident. carrier from liability.
- Petitioner Roberto Juntilla was sitting a the front seat The petitioner stated that there were 3 passengers in - It is sufficient to reiterate that the source of a
of a jeepney (driven by one Berfol Camoro, registered the front seat and 14 in the rear. common carrier's legal liability is the contract of
under the franchise of Clemente Fontanar, but actually - While it may be true that the tire that blew-up was still carriage, and by entering into the said contract, it binds
owned by Fernando Banzon) when its right rear tire good because the grooves of the tire were still visible, itself to carry the passengers safely as far as human
exploded causing it to turn turtle. Plaintiff was thrown this fact alone does not make the explosion of the tire a care and foresight can provide, using the utmost
out of the vehicle and lost consciousness upon landing fortuitous event. No evidence was presented to show diligence of a very cautious person, with a due regard
on the ground. When he came back to his senses, he that the accident was due to adverse road conditions or for all the circumstances. The records show that this
found that he had a lacerated wound on his right palm, that precautions were taken by the jeepney driver to obligation was not met by the respondents.
injuries on his left arm, right thigh and on his back and compensate for any conditions liable to cause Disposition Decision appealed from is REVERSED and
also found this “Omega” wrist watch was lost. He went accidents. The sudden blowing-up, therefore, could SET ASIDE. Decision of City Court is REINSTATED
to Danao city and upon arrival there he entered the have been caused by too much air pressure injected
City Hospital to attend to his injuries and asked his into the tire coupled by the fact that the jeepney was HERNANDEZ V COMMISSION ON AUDIT
father-in-law to go to site of the accident to look for his overloaded and speeding at the time of the accident.
watch but the watch was nowhere to be found. 179 SCRA 39
2. NO
- Petitioner then filed a civil case for breach of contract Ratio A caso fortuito (fortuitous event) presents the CRUZ; November 6, 1989
with damages before the City Court of Cebu against following essential characteristics:
Fontanar, Banzon, and Camoro, who filed their answer, 1. The cause of the unforeseen and unexpected NATURE
alleging that the accident was beyond their control occurrence, or of the failure of the debtor to comply A petition to reverse Commission on Audit’s denial of
taking into account that the tire that exploded was with his obligation, must be independent of the human relief
newly bought and slightly used at the time it blew up. will
- City Court rendered judgment in favor of petitioner. 2. It must be impossible to foresee the even which FACTS
The respondents then appealed to the CFI of Cebu, constitutes the caso fortuito, or if it can be foreseen, it - Teodoro M. Hernandez was the officer-in-charge and
which reversed the judgment upon a finding that the must be impossible to avoid special disbursing officer of the Ternate Beach Project
accident in question was due to a fortuitous event. 3. The occurrence must be such as to render it of the Philippine Tourism Authority in Cavite. He went
Petitioner’s MFR was denied, hence this appeal. impossible for the debtor to fulfill his obligation in a to the main office in Manila to encash 2 checks
normal manner covering the wages of the employees and the operating
ISSUES 4. The obligor (debtor) must be free from any expenses of the Project. He estimated that the money
1. WON the CFI erred in absolving the carrier from any participation in the aggravation of the injury resulting would be available by 10am and that he would be back
liability upon a finding that the tire blow out is a to the creditor in Ternate by about 2pm of the same day. However, the
fortuitous event Reasoning processing of the checks was completed only at 3pm.
2. WON the accident was due to a fortuitous event - In the case at bar, the cause of the unforeseen and The petitioner decided nevertheless to encash them
unexpected occurrence was not independent of the because the Project employees would be waiting for
HELD human will. The accident was caused either through the their pay the following day. And so, he collected the
1. YES negligence of the driver or because of mechanical cash value of the checks. The petitioner had two
- The CFI relied on the ruling of the CA in Rodriguez v defects in the tire. Common carriers should teach their choices: (1) return to Cavite that same afternoon and
Red Line Transportation Co., that “a tire blow-out does drivers not to overload their vehicles not to exceed safe arrive there in the early evening; or (2) take the money
not constitute negligence unless the tire was already and legal speed limits and to know the correct with him to his house in Marilao, Bulacan, spend the
old and should not have been used at all.” This measures to take when a tire blows up thus insuring night there, and leave for Ternate the following
conclusion is based on a misapprehension of overall the safety of passengers at all times. morning. He opted for the second, thinking it the safer
facts. In La Mallorca and Pampanga Bus Co. v De Jesus, - Relative to the contingency of mechanical defects, we one. He took a passenger jeep bound for his house in
et al, We held that, “ not only are the rulings of the CA held in Necesito, et al. v. Paras, et al, that: “The Bulacan. It was while the vehicle was along EDSA that
in Rodriguez v Red Line Trans. Co. not binding on this preponderance of authority is in favor of the doctrine two persons with knives boarded and forcibly took the
Court but they were also based on considerations quite that a passenger is entitled to recover damages from a money he was carrying. Hernandez, after the initial
different from those that obtain in the case at bar.” In carrier for an injury resulting from a defect in an shock, immediately followed in desperate pursuit. He
the case at bar, there are specific acts of negligence on appliance purchased from a manufacturer, whenever it caught up with Virgilio Alvarez and overcame him after
the part of the respondents. The records show that the appears that the defect would have been discovered by a scuffle. Alvarez was subsequently charged with
passenger jeepney turned turtle and jumped into a the carrier if it had exercised the degree of care which robbery and pleaded guilty. But the hold-upper who
torts & damages A2010 - 47 - prof. casis
escaped is still at large and the stolen money he took contention is that the petitioner should not have entering the theater, the ceiling of its balcony
with him has not been recovered. encashed the checks as the hour was already late and collapsed. The theater was plunged into darkness and
- the petitioner, invoking the foregoing facts, filed a he knew he could not return to Ternate before nightfall. pandemonium ensued. Shocked and hurt, plaintiffs
request for relief from money accountability under The memo concludes that in deciding to take the managed to crawl under the fallen ceiling. As soon as
Section 638 of the Revised Administrative Code.3 money with him to Marilao after imprudently they were able to get out to the street they walked the
- however, the Commission on Audit, through then withdrawing it from the main office, the petitioner was nearby FEU Hospital where they were confined and
Chairman Francisco S. Tantuico, jr. denied the assuming a risk from which he cannot now be excused treated for one (1) day.
petitioner's request, observing inter alia: after the loss of the money as a result of the robbery to - The next day, they transferred to the UST hospital.
In the instant case, the loss of the P10,175.00 under which it was unreasonably exposed. Plaintiff Gloria Chatto was treated in said hospital from
the accountability of Mr. Hernandez can be attributed June 5 to June 19 and plaintiff Lina Delza Chatto from
to his negligence because had he brought the cash June 5 to 11. Per Medico Legal Certificate (Exh, "C")
proceeds of the checks (replenishment fund) to the issued by Dr. Ernesto G. Brion, plaintiff Lina Delza
Beach Park in Ternate immediately after encashment Chatto suffered the following injuries:
for safekeeping in his office, which is the normal ISSUE - Defendant tried to avoid liability by alleging that the
procedure in the handling of public funds, the loss of WON petitioner’s acts are so tainted with negligence or collapse of the ceiling of its theater was done due to
said cash thru robbery could have been aborted. recklessness as to justify the denial of the petitioner's force majeure. It maintained that its theater did not
- In the petition at bar, Hernandez claims that the request for relief from accountability for the stolen suffer from any structural or construction defect.
respondent COA acted with grave abuse of discretion in money
denying him relief and in holding him negligent for the ISSUES
loss of the stolen money. He avers he has done only HELD 1. WON Jesus Lim Ong’s investigation maybe given
what any reasonable man would have done and should NO weight in the trial
not be held accountable for a fortuitous event - This was undoubtedly a fortuitous event covered by 2. WON the collapse was due to force majeure
over which he had no control. the said provisions, something that could not have
- On his decision to take the money home that been reasonably foreseen although it could have HELD
afternoon instead of returning directly to Ternate, he happened, and did. For most of us, all we can rely on is 1. NO
says that the first course was more prudent as he saw a reasoned conjecture of what might happen, based on - there was no authoritative investigation conducted by
it, if only because his home in Marilao was much nearer common sense and our own experiences, or our impartial civil and structural engineers on the cause of
than his office in Ternate; that the likelihood of robbery intuition, if you will, and without any mystic ability to the collapse of the theater's ceiling, Jesus Lim Ong is
during the time in question was stronger in Ternate peer into the future. So it was with the petitioner. not an engineer, He is a graduate of architecture from
than in Marilao; that what happened was a fortuitous - It is true that the petitioner miscalculated, but the the St. Louie University in Baguio City. It does not
event that could not have reasonably been foreseen, Court feels he should not be blamed for that. The appear he has passed the government examination for
especially on that busy highway. decision he made seemed logical at that time and was architects. In fine, the ignorance of Mr. Ong about the
- then Solicitor-General argued that Hernandez was one that could be expected of a reasonable and cause of the collapse of the ceiling of their theater
negligent in the safekeeping of the stolen funds. Later, prudent person. cannot be equated, as an act, of God. To sustain that
however, his successor sided with the petitioner, Disposition The petitioner is entitled to be relieved proposition is to introduce sacrilege in our
agreeing that Hernandez had not committed any from accountability for the money forcibly taken from jurisprudence.
negligence or, assuming he was guilty of contributory him. ACCORDINGLY, the petition is GRANTED. 2. NO
negligence, had made up for it with his efforts to - Petitioner's claim that the collapse of the ceiling of the
retrieve the money and his capture of one of the GOTESCO INVESTMENT CORPORATION theater's balcony was due to force majeure is not even
robbers, who was eventually convicted. founded on facts because its own witness, Mr. Jesus Lim
V CHATTO
- COA insists that the petitioner should not be relieved Ong, admitted that "he could not give any reason why
from his money accountability because it was his own 210 SCRA 18 the ceiling collapsed." Having interposed it as a
negligence that led to the loss of the cash he had DAVIDE JR; June 16, 1992 defense, it had the burden to prove that the collapse
sought to take not to Ternate but to Marilao. Its was indeed caused by force majeure. It could not have
NATURE collapsed without a cause. That Mr. Ong could not offer
3 Petition for Review any explanation does not imply force majeure.
Section 638. Credit for loss occurring in transit or due to casualty —
Notice to Auditor. — When a loss of government funds or property occurs Petitioner could have easily discovered the cause of the
while the same is in transit or is caused by fire, theft, or other casualty, FACTS collapse if indeed it were due to force majeure. To Our
the officer accountable therefor or having custody thereof shall - In the afternoon of June 4, 1982 Gloria E. Chatto, and mind, the real reason why Mr. Ong could not explain
immediately notify the Auditor General, or the provincial auditor,
according as a matter is within the original jurisdiction of the one or the
her 15-year old daughter, Lina Delza E. Chatto went to the cause or reason is that either he did not actually
other, and within thirty days or such longer period as the Auditor, or see the movie "Mother Dear" at Superama I theater, conduct the investigation or that he is, as the
provincial auditor, may in the particular case allow, shall present his owned by defendant Gotesco Investment Corporation. respondent Court impliedly held, incompetent. He is not
application for relief, with the available evidence in support thereof. An
officer who fails to comply with this requirement shall not be relieved of
They bought balcony tickets but even then were unable an engineer, but an architect who had not even passed
liability or allowed credit for any such loss in the settlement of his to find seats considering the number of people the government's examination. Verily, post-incident
accounts. patronizing the movie. Hardly ten (10) minutes after investigation cannot be considered as material to the
torts & damages A2010 - 48 - prof. casis
present proceedings. What is significant is the finding appellees' cargoes as a result of a fire which gutted the letters on the back-of the bills of lading; and that they
of the trial court, affirmed by the respondent Court, Bureau of Customs' warehouse in Pulupandan, Negros did not sign the same. This argument overlooks the
that the collapse was due to construction defects. Occidental. pronouncement of this Court in Ong Yiu vs. Court of
There was no evidence offered to overturn this finding. Appeals, promulgated June 29, 1979, 3 where the Court
The building was constructed barely four (4) years prior FACTS held that while it may be true that petitioner had not
to the accident in question. It was not shown that any - On November 6, 1963, appellees Clara Uy Bico and signed the plane ticket , he is nevertheless bound by
of the causes denominates as force majeure obtained Amparo Servando loaded on board the appellant's the provisions thereof. 'Such provisions have been held
immediately before or at the time of the collapse of the vessel for carriage from Manila to Pulupandan, Negros to be a part of the contract of carriage, and valid and
ceiling. Such defects could have been easily discovered Occidental several cargoes (cavans of rice, colored binding upon the passenger regardless of the latter's
if only petitioner exercised due diligence and care in papers, toys etc) as evidenced by the corresponding lack of knowledge or assent to the regulation'. It is what
keeping and maintaining the premises. But as disclosed bills of lading issued by the appellant. Upon arrival of is known as a contract of 'adhesion', in regards which it
by the testimony of Mr. Ong, there was no adequate the vessel at Pulupandan, in the morning of November has been said that contracts of adhesion wherein one
inspection of the premises before the date of the 18, 1963, the cargoes were discharged, complete and party imposes a ready made form of contract on the
accident. His answers to the leading questions on in good order, unto the warehouse of the Bureau of other, as the plane ticket in the case at bar, are
inspection disclosed neither the exact dates of said. Customs. At about 2:00 in the afternoon of the same contracts not entirely prohibited. The one who adheres
inspection nor the nature and extent of the same. That day, said warehouse was razed by a fire of unknown to the contract is in reality free to reject it entirely; if he
the structural designs and plans of the building were origin, destroying appellees' cargoes. Before the fire, adheres, he gives his consent." (Tolentino, Civil Code,
duly approved by the City Engineer and the building however, appellee Uy Bico was able to take delivery of Vol. IV, 1962 Ed., p. 462, citing Mr. Justice J.B.L. Reyes,
permits and certificate of occupancy were issued do not 907 cavans of rice Appellees' claims for the value of Lawyer's Journal, Jan. 31, 1951, p. 49).
at all prove that there were no defects in the said goods were rejected by the appellant. - Besides, the agreement contained in the above
construction, especially as regards the ceiling, - On the bases of the foregoing facts, the lower court quoted Clause 14 is a mere iteration of the basic
considering that no testimony was offered to prove that rendered a decision, ordering Philippine Steam to pay principle of law written in Article 1 1 7 4 of the Civil
it was ever inspected at all. for damages. The court a quo held that the delivery of Code4 Thus, where fortuitous event or force majeure is
- It is settled that - The owner or proprietor of a place of the shipment in question to the warehouse of the the immediate and proximate cause of the loss, the
public amusement impliedly warrants that the Bureau of Customs is not the delivery contemplated by obligor is exempt from liability for non-performance.
premises, appliances and amusement devices are safe Article 1736; and since the burning of the warehouse The Partidas, the antecedent of Article 1174 of the Civil
for the purpose for which they are designed, the occurred before actual or constructive delivery of the Code, defines 'caso fortuito' as 'an event that takes
doctrine being subject to no other exception or goods to the appellees, the loss is chargeable against place by accident and could not have been foreseen.
qualification than that he does not contract against the appellant. Examples of this are destruction of houses, unexpected
unknown defects not discoverable by ordinary or Philippine Steam on the other hand relies on the fire, shipwreck, violence of robbers.'
reasonable means. following: - In its dissertation of the phrase 'caso fortuito' the
- This implied warranty has given rise to the rule that - Clause 14. Carrier shall not be responsible for loss or Enciclopedia Juridicada Espanola 5 says: "In a legal
Where a patron of a theater or other place of public damage to shipments billed 'owner's risk' unless such sense and, consequently, also in relation to contracts, a
amusement is injured, and the thing that caused the loss or damage is due to negligence of carrier. Nor 'caso fortuito' presents the following essential
injury is wholly and exclusively under the control and shall carrier be responsible for loss or damage characteristics: (1) the cause of the unforeseen and
management of the defendant, and the accident is caused by force majeure, dangers or accidents of the unexpected occurrence, or of the failure of the debtor
such as in the ordinary course of events would not have sea or other waters; war; public enemies; . . . fire . ... to comply with his obligation, must be independent of
happened if proper care had been exercised, its the human will; (2) it must be impossible to foresee the
occurrence raises a presumption or permits of an ISSUE event which constitutes the 'caso fortuito', or if it can
inference of negligence on the part of the defendant. WON the above stipulation validly limits the liability of be foreseen, it must be impossible to avoid; (3) the
Disposition judgment is hereby rendered DENYING the shipowner in this case occurrence must be such as to render it impossible for
the instant petition with costs against petitioner. the debtor to fulfill his obligation in a normal manner;
HELD and (4) the obligor must be free from any participation
SERVANDO V PHILIPPINE STEAM YES in the aggravation of the injury resulting to the
Ratio The parties may stipulate anything in the creditor." In the case at bar, the burning of the customs
NAVIGATION CO
contract for so long as the stipulation is not contrary to warehouse was an extraordinary event which happened
117 SCRA 832 law, morals, public policy. The stipulation which merely independently of the will of the appellant. The latter
ESCOLIN; 1982 iterates the principle of caso fortuito is for all intents could not have foreseen the event.
and purposes valid.
NATURE Reasoning
This appeal, originally brought to the Court of Appeals, - We sustain the validity of the above stipulation; there 4
is nothing therein that is contrary to law, morals or Article 1174. Except in cases expressly specified by the law, or when it is
seeks to set aside the decision of the Court of First otherwise declared by stipulation, or when the nature of the obligation
Instance of Negros Occidental in Civil Cases Nos. 7354 public policy. requires the assumption of risk, no person shall be responsible for those
and 7428, declaring appellant Philippine Steam - Appellees would contend that the above stipulation events which could not be foreseen, or which, though foreseen, were
Navigation liable for damages for the loss of the does not bind them because it was printed in fine inevitable.
torts & damages A2010 - 49 - prof. casis
- There is nothing in the record to show that appellant FACTS incident subject of the instant petition. The court there
carrier ,incurred in delay in the performance of its - When the water level in the Angat dam went beyond declared that the proximate cause of the loss and
obligation. It appears that appellant had not only the allowable limit at the height of typhoon Kading NPC damage sustained by the plaintiffs therein--who were
notified appellees of the arrival of their shipment, but opened three of the dam’s spillways to release the similarly situated as the private respondents herein-
had demanded that the same be withdrawn. In fact, excess water in the dam. This however caused the was the negligence of the petitioners,
pursuant to such demand, appellee Uy Bico had taken inundation of the banks of the Angat river which caused - on the basis of its meticulous analysis and evaluation
delivery of 907 cavans of rice before the burning of the persons and animals to drown and properties to be of the evidence a dduced by the parties in the cases
warehouse. washed away. subject of CA-G.R. CV Nos. 27290-93, public respondent
Nor can the appellant or its employees be charged with - The flooding was purportedly caused by the negligent found as conclusively established that indeed, the
negligence. The storage of the goods in the Customs release by the defendants of water through the petitioners were guilty of "patent gross and evident
warehouse pending withdrawal thereof by the spillways of the Angst Dam (Hydroelectric Plant). lack of foresight, imprudence and negligence in the
appellees was undoubtedly made with their knowledge Plaintiffs claim: management and operation of Angat Dam," and that
and consent. Since the warehouse belonged to and was - NPC operated and maintained a multi-purpose "the extent of the opening of the spillways, and the
maintained by the government, it would be unfair to hydroelectric plant in the Angat River magnitude of the water released, are all but products of
impute negligence to the appellant, the latter having no - despite the defendants' knowledge of the impending defendants-appellees headlessness, slovenliness, and
control whatsoever over the same. entry of typhoon "Kading," they failed to exercise due carelessness."and that the 24 October 1978 'early
Disposition judgment appealed from is hereby set diligence in monitoring the water level at the dam warning notice" supposedly sent to the affected
aside. - when the said water level went beyond the maximum municipalities, the same notice involved in the case at
allowable limit at the height of the typhoon, the bar, was insufficient.
defendants suddenly, negligently and recklessly 2. YES
SEPARATE OPINION
opened three (3) of the dam's spillways, thereby - given that NPC is guilty of negligence. Juan F. Nakipil
releasing a large amount of water which inundated the & Sons vs. Court of Appeals is still good law as far as
AQUINO [concur] banks of the Angat River causing the death of members the concurrent liability of an obligor in the case of force
- I concur. Under article 1738 of the Civil Code "the of the household of the plaintiffs, together with their majeure is concerned.
extraordinary liability of the common carrier continues animals - In the Nakpil case it was held that "To exempt the
to be operative even during the time the goods are Respondents comments: obligor from liability under Article 1174 of the Civil
stored in the warehouse of the carrier at the place of - NPC exercised due care, diligence and prudence in the Code, for a breach of an obligation due to an 'act of
destination, until the consignee has been advised of the operation and maintenance of the hydroelectric plant God,' the following must concur: (a) the cause of the
arrival of the goods and has had reasonable - NPC exercised the diligence of a good father in the breach of the obligation must be independent of the
opportunity thereafter to remove them or otherwise selection of its employees will of the debtor, (b) the event must be either
dispose of them". - written notices were sent to the different unforeseeable or unavoidable; (c) the event must be
- From the time the goods in question were deposited municipalities of Bulacan warning the residents therein such as to render it impossible for the debtor to fulfill
in the Bureau of Customs' warehouse in the morning of about the impending release of a large volume of water his obligation in a normal manner; and (d) the debtor
their arrival up to two o' clock in the afternoon of the with the onset of typhoon "Kading" and advising them must be free from any participation in, or aggravation
same day, when the warehouse was burned, Amparo C. to take the necessary Precautions of the injury to the creditor. Thus, if upon the
Servando and Clara Uy Bico, the consignees, had - the water released during the typhoon was needed to happening of a fortuitous event or an act of God, there
reasonable opportunity to remove the goods. Clara had prevent the collapse of the dam and avoid greater concurs a corresponding fraud, negligence, delay or
removed more than one-half of the rice consigned to damage to people and property violation or contravention in any manner of the tenor of
her. Moreover, the shipping company had no more - in spite of the precautions undertaken and the the obligation as provided for in Article 1170 of the Civil
control and responsibility over the goods after they diligence exercised, they could still not contain or Code, which results in loss or damage, the obligor
were deposited in the customs warehouse by the control the flood that resulted cannot escape liability.
arrastre and stevedoring operator. No amount of - the damages incurred by the private respondents - The principle embodied in the act of God doctrine
extraordinary diligence on the part of the carrier could were caused by a fortuitous event or force majeure and strictly requires that the act must be one occasioned
have prevented the loss of the goods by fire which was are in the nature and character of damnum absque exclusively by the violence of nature and all human
of accidental origin. injuria. agencies are, to be excluded from creating or entering
ISSUES into the cause of the mischief. When the effect, the
NATIONAL POWER CORP V CA (RAYO 1. WON NPC was guilty of negligence cause of which is to be considered, is found to be in
2. WON (applying the ruling of NAkpil & Sons v. CA) part the result of the participation of man whether it be
ET AL)
NPC is liable given that the inundation was caused by from active intervention or neglect, or failure to act, the
DAVIDE JR; May 21, 1993 force majeure whole occurrence is thereby humanized, as it were, and
removed from the rules applicable to the acts of God.
NATURE HELD (1 Corpus Juris, pp. 1174-1175).
Petition for review on certiorari under Rule 45 of the 1. YES Disposition Petition dismissed.
Revised Rules of Court - A similar case entitled National Power Corporation, et
al. vs, Court of Appeals, et al.," involving the very same SOUTHEASTERN COLLEGE V CA
torts & damages A2010 - 50 - prof. casis
PURISIMA; July 10, 1998 to their house rendered the same uninhabitable, forcing cannot be invoked for the protection of a person who
them to stay temporarily in others’ houses. And so has been guilty of gross negligence in not trying to
they sought to recover from petitioner P117,116.00, as forestall its possible adverse consequences. When a
NATURE
actual damages, P1,000,000.00, as moral damages, person’s negligence concurs with an act of God in
Petition for review seeking to set aside the Decision
P300,000.00, as exemplary damages and P100,000.00, producing damage or injury to another, such person is
promulgated on July 31, 1996, and Resolution dated
for and as attorney’s fees; plus costs. not exempt from liability by showing that the
September 12, 1996 of the Court of Appeals in “Juanita
- In its Answer, petitioner averred that subject school immediate or proximate cause of the damage or injury
de Jesus vda. de Dimaano, et al. vs. Southeastern
building had withstood several devastating typhoons was a fortuitous event. When the effect is found to be
College, Inc.”, which reduced the moral damages
and other calamities in the past, without its roofing or partly the result of the participation of man – whether it
awarded below from P1,000,000.00 to P200,000.00.
any portion thereof giving way; that it has not been be from active intervention, or neglect, or failure to act
The Resolution under attack denied petitioner’s motion
remiss in its responsibility to see to it that said school – the whole occurrence is hereby humanized, and
for reconsideration.
building, which houses school children, faculty removed from the rules applicable to acts of God.
members, and employees, is “in tip-top condition”; and - After a thorough study and evaluation of the evidence
FACTS
furthermore, typhoon “Saling” was “an act of God and on record, this Court believes otherwise,
- Private respondents are owners of a house at 326
therefore beyond human control” such that petitioner notwithstanding the general rule that factual findings
College Road, Pasay City, while petitioner owns a four-
cannot be answerable for the damages wrought by the trial court, especially when affirmed by the
storey school building along the same College Road.
thereby, absent any negligence on its part. appellate court, are binding and conclusive upon this
On October 11, 1989, at about 6:30 in the morning, a
- The Trial Court and the Court of Appeals gave Court. After a careful scrutiny of the records and the
powerful typhoon “Saling” hit Metro Manila. Buffeted
credence to the ocular inspection made by the city pleadings submitted by the parties, we find exception
by very strong winds, the roof of petitioner’s building
engineer. Thus, this appeal. to this rule and hold that the lower courts
was partly ripped off and blown away, landing on and
misappreciated the evidence proffered.
destroying portions of the roofing of private
ISSUES - There is no question that a typhoon or storm is a
respondents’ house. After the typhoon had passed, an
WON the damage on the roof of the building of private fortuitous event, a natural occurrence which may be
ocular inspection of the destroyed buildings was
respondents resulting from the impact of the falling foreseen but is unavoidable despite any amount of
conducted by a team of engineers headed by the city
portions of the school building’s roof ripped off by the foresight, diligence or care. In order to be exempt
building official, Engr. Jesus L. Reyna. Pertinent aspects
strong winds of typhoon “Saling”, was, within legal from liability arising from any adverse consequence
of the latter’s Reporti[5] dated October 18, 1989 stated,
contemplation, due to fortuitous event engendered thereby, there should have been no human
as follows:
HELD participation amounting to a negligent act. In other
“5. One of the factors that may have led to this
YES words, the person seeking exoneration from liability
calamitous event is the formation of the buildings in
- Petitioner cannot be held liable for the damages must not be guilty of negligence. Negligence, as
the area and the general direction of the wind.
suffered by the private respondents. This conclusion commonly understood, is conduct which naturally or
Situated in the peripheral lot is an almost U-shaped
finds support in Article 1174 of the Civil Code, which reasonably creates undue risk or harm to others. It
formation of 4-storey building. Thus, with the strong
provides: may be the failure to observe that degree of care,
winds having a westerly direction, the general
“Art 1174. Except in cases expressly specified by precaution, and vigilance which the circumstances
formation of the buildings becomes a big funnel-like
the law, or when it is otherwise declared by justly demand,v[17] or the omission to do something
structure, the one situated along College Road,
stipulation, or when the nature of the obligation which a prudent and reasonable man, guided by
receiving the heaviest impact of the strong winds.
requires the assumption of risk, no person shall be considerations which ordinarily regulate the conduct of
Hence, there are portions of the roofing, those
responsible for those events which could not be human affairs, would do. From these premises, we
located on both ends of the building, which remained
foreseen, or which, though foreseen, were proceed to determine whether petitioner was negligent,
intact after the storm.
inevitable.” such that if it were not, the damage caused to private
6. Another factor and perhaps the most likely reason
- The antecedent of fortuitous event or caso fortuito is respondents’ house could have been avoided?
for the dislodging of the roofings structural trusses is
found in the Partidas which defines it as “an event - At the outset, it bears emphasizing that a person
the improper anchorage of the said trusses to the
which takes place by accident and could not have been claiming damages for the negligence of another has the
roof beams. The 1/2” diameter steel bars embedded
foreseen.”iii[9] Escriche elaborates it as “an unexpected burden of proving the existence of fault or negligence
on the concrete roof beams which serve as truss
event or act of God which could neither be foreseen nor causative of his injury or loss. The facts constitutive of
anchorage are not bolted nor nailed to the trusses.
resisted.” Civilist Arturo M. Tolentino adds that negligence must be affirmatively established by
Still, there are other steel bars which were not even
“[f]ortuitous events may be produced by two general competent evidence,vi[19] not merely by presumptions
bent to the trusses, thus, those trusses are not
causes: (1) by nature, such as earthquakes, storms, and conclusions without basis in fact. Private
anchored at all to the roof beams.”
floods, epidemics, fires, etc. and (2) by the act of man, respondents, in establishing the culpability of
- It then recommended that “to avoid any further loss
such as an armed invasion, attack by bandits, petitioner, merely relied on the aforementioned report
and damage to lives, limbs and property of persons
governmental prohibitions, robbery, etc.”iv submitted by a team which made an ocular inspection
living in the vicinity,” the fourth floor of subject school
- In order that a fortuitous event may exempt a person of petitioner’s school building after the typhoon. As the
building be declared as a “structural hazard.”
from liability, it is necessary that he be free from any term imparts, an ocular inspection is one by means of
- In their Complaintii[6] before the Regional Trial Court of
previous negligence or misconduct by reason of which actual sight or viewing.vii[20] What is visual to the eye
Pasay City, Branch 117, for damages based on culpa
the loss may have been occasioned.. An act of God though, is not always reflective of the real cause
aquiliana, private respondents alleged that the damage
torts & damages A2010 - 51 - prof. casis
behind. For instance, one who hears a gunshot and - She uses Art.1905, CC (now Art.2183 ) as ground for5
voluntarily assumed and for which he must take the
then sees a wounded person, cannot always definitely the liability: consequences.
conclude that a third person shot the victim. It could “The possessor of an animal, or the one who uses the - On the other hand, if action is to be based on Art.
have been self-inflicted or caused accidentally by a same, is liable for any damages it may cause, even if 1902, it is essential that there be fault or negligence on
stray bullet. The relationship of cause and effect must such animal should escape from him or stray away. the part of the defendants as owners of the animal that
be clearly shown. “This liability shall cease only in case the damage caused the damage. But the complaint contains no
- In the present case, other than the said ocular should arise from force majeure or from the fault of allegation on those points.
inspection, no investigation was conducted to the person who may have suffered it.” - In a decision of the Spanish SC, cited by Manresa, the
determine the real cause of the partial unroofing of - Spouses moved for dismissal for lack of cause of death of an employee who was bitten by a feline which
petitioner’s school building. Private respondents did action, which the CFI granted. Hence, the appeal. his master had asked him to take to his establishment
not even show that the plans, specifications and ISSUE was by said tribunal declared to be “a veritable
design of said school building were deficient and WON the owner of the animal is liable when the accident of labor” which should come under the labor
defective. Neither did they prove any substantial damage is caused to its caretaker (as opposed to a laws rather than under article 1905, CC. The present
deviation from the approved plans and specifications. stranger) action, however, is not brought under labor laws in
Nor did they conclusively establish that the effect, but under Art.1905.
construction of such building was basically flawed. HELD Disposition Judgment AFFIRMED.
- Moreover, the city building official, who has been in 1. NO
the city government service since 1974, admitted in Ratio It was the caretaker's business to try to prevent ILOCOS NORTE ELECTRIC COMPANY V
open court that no complaint regarding any defect on the animal from causing injury or damage to anyone,
CA (LUIS ET AL)
the same structure has ever been lodged before his including himself. And being injured by the animal
office prior to the institution of the case at bench. It is under those circumstances was one of the risks of the 179 SCRA 5
a matter of judicial notice that typhoons are common occupation which he had voluntarily assumed and for PARAS; November 6, 1989
occurrences in this country. If subject school building’s which he must take the consequences.
roofing was not firmly anchored to its trusses, Reasoning FACTS
obviously, it could not have withstood long years and - The lower court took the view that under the - 5- 6AM June 29, 1967 - strong typhoon "Gening" in
several typhoons even stronger than “Saling.” abovequoted provision of the CC, the owner of an Ilocos Norte brought floods and heavy rain. Isabel Lao
- In light of the foregoing, we find no clear and animal is answerable only for damages caused to a Juan, (Nana Belen) went to her store, Five Sisters
convincing evidence to sustain the judgment of the stranger, and that for damage caused to the caretaker Emporium, to look after the merchandise to see if they
appellate court. We thus hold that petitioner has not of the animal the owner would be liable of fault under were damaged. Wading in waist-deep flood, Juan
been shown negligent or at fault regarding the article 1902 only if he had been negligent or at the suddenly screamed "Ay" and quickly sank into the
construction and maintenance of its school building in same code. water. Her companions, two girls (sales girlls)
question and that typhoon “Saling” was the proximate - Claiming that the lower court was in error, plaintiff attempted to help, but were afraid because they saw
cause of the damage suffered by private respondents’ contends that art. 1905 does not distinguish between an electric wire dangling from a post and moving in
house. damage caused to a stranger and damage caused to snake-like fashion in the water. Yabes, the son-in law,
the caretaker and makes the owner liable whether or upon hearing the electrocution of his mother-in-law,
AFIALDA V HISOLE not he has been negligent or at fault. passed by the City Hall of Laoag to request the police
- The distinction (between stranger and caretaker) is to ask Ilocos Norte Electric Company or INELCO to cut
85 Phil 67
important. For the statute names the possessor or user off the electric current. The body was recovered about
REYES; November 29, 1949 of the animal as the person liable for “any damages it two meters from an electric post.
may cause” and this for the obvious reason that the - 4AM June 29, 1967- Engineer Juan, Power Plant
NATURE possessor or user has the custody and control of the Engineer of NPC at the Laoag Diesel-Electric Plant,
Appeal from judgment of CFI Iloilo animal and is therefore the one in a position to prevent noticed certain fluctuations in their electric meter which
it from causing damage. indicated such abnormalities as grounded or short-
FACTS - In the present case, the animal was in the custody circuited lines.
- This is an action for damages arising from injury and under the control of the caretaker, who was paid - 6-6:30AM June 29, 1967- he set out of the Laoag NPC
caused by an animal. Loreto Afialda was the caretaker for his work as such. Obviously, it was the caretaker's Compound on an inspection and saw grounded and
of the carabaos of spouses Hisole. While tending the business to try to prevent the animal from causing disconnected lines. Electric lines were hanging from the
animals, he was “gored by one of them and later died injury or damage to anyone, including himself. And posts to the ground. When he went to INELCO office, he
as consequence of his injuries.” The action was filed by being injured by the animal under those circumstances could not see any INELCO lineman.
the sister of Loreto, and contended that the mishap was was one of the risks of the occupation which he had - Engr. Juan attempted to resuscitate Nana Belen but
due neither to Loreto’s own fault nor to force majeure. his efforts proved futile. Rigor mortis was setting in. On
5 the left palm of the deceased, there was a hollow
Art. 2183. The possessor of an animal or whoever may make use of the
same is responsible for the damage which it may cause, although it may
wound. In the afternoon, the dangling wire was no
escape or be lost. This responsibility shall cease only in case the damage longer there.
should come from force majeure or from the fault of the person who has
suffered damage.
torts & damages A2010 - 52 - prof. casis
- Dr. Castro examined the body and noted that the skin the salesgirls, the deceased went to the Five Star
was grayish or cyanotic, which indicated death by Emporium "to see to it that the goods were not
RAMOS V PEPSI COLA
electrocution. On the left palm, the doctor found an flooded." As such, shall We punish her for exercising
"electrically charged wound" or a first degree burn. her right to protect her property from the floods by 19 SCRA 289
About the base of the thumb on the left hand was a imputing upon her the unfavorable presumption that 1967
burned wound. The cause of' death was ,'circulatory she assumed the risk of personal injury? Definitely not.
shock electrocution" For it has been held that a person is excused from the NATURE
- In defense and exculpation, INELCO presented the force of the rule, that when he voluntarily assents to a Appeal from a CA decision
testimonies of its officers and employees, which sought known danger he must abide by the consequences, if
to prove that (1) on and even before June 29, 1967 the an emergency is found to exist or if the life or property FACTS
electric service system of the INELCO in the whole of another is in peril, or when he seeks to rescue his - The facts with regard the accident that Andres
franchise area did not suffer from any defect that might endangered property. Clearly, an emergency was at Bonifacio caused is not in the case. The Court limited
constitute a hazard to life and property. (2) The service hand as the deceased's property, a source of her its ruling on the decision of the CA to absolve
lines and devices had been newly-installed prior to the livelihood, was faced with an impending loss. defendant Pepsi Cola from liability under Article 21806
date in question. (3) Also, safety devices were installed Furthermore, the deceased, at the time the fatal of the Civil Code. There was, however, a finding that
to prevent and avoid injuries to persons and damage to incident occurred, was at a place where she had a right Bonifacio was in fact negligent.
property in case of natural calamities such as floods, to be without regard to INELCO’s consent as she was on - The petiton for appeal questioned the testimony of
typhoons, fire and others. (4) 12 linesmen are charged her way to protect her merchandise. Hence, private one Anasco with regard the process and procedures
with the duty of making a round-the-clock check-up of respondents, as heirs, may not be barred from followed by Pepsi in the hiring and supervision of its
the areas respectively assigned to them. (5) They also recovering damages as a result of the death caused by drivers. The SC ruled that the issue brought before it
presented own medical expert and said that cyanosis INELCO’s negligence with regard the credibility of Anasco is one of fact and
could not have been the noted 3 hours after the death Reasoning not of law. It went on to stay that the CA is a better
because it is only manifest in live persons. (6) Lastly, - INELCO can be exonerated from liability since judge of the facts.
the deceased could have died simply either by typhoons and floods are fortuitous events. While it is
drowning or by electrocution due to negligence true that typhoons and floods are considered Acts of ISSUE
attributable only to herself and not to INELCO because God for which no person may be held responsible, it WON Pepsi Cola is liable under the doctrine of vicarious
of the installation of a burglar deterrent by connecting was not said eventuality which directly caused the liability
a wire from the main house to the iron gate and fence victim's death. It was through the intervention of
of steel matting, thus, charging the latter with electric petitioner's negligence that death took place. HELD
current whenever the switch is on. The switch must - In times of calamities such as the one which occurred NO
have been left on, hence, causing the deceased's in Laoag City on the night of June 28 until the early - The Court ruled that based on the evidence and
electrocution when she tried to open her gate that early hours of June 29, 1967, extraordinary diligence requires testimonies presented during the trial, Pepsi Cola
morning of June 29, 1967 a supplier of electricity to be in constant vigil to prevent exercised the due diligence of a good father in the
- CFI: awarded P25,000 moral damages; P45,000 attys or avoid any probable incident that might imperil life or hiring and supervision of its drivers. This being the
fees limb. The evidence does not show that defendant did case, the Company is relieved of any responsibility
- CA: P30,229.45 in actual damages (i.e., P12,000 for that. On the contrary, evidence discloses that there from the accident.
the victim's death and P18,229.45 for funeral were no men (linemen or otherwise) policing the area, Reasoning
expenses); P50,000 in compensatory damages, nor even manning its office. - In its ruling, the court citing its ruling on Bahia as
computed in accordance with the formula set in the - INELCO was negligent in seeing that no harm is done follows:
Villa-Rey Transit case (31 SCRA 511) with the base of to the general public"... considering that electricity is “ From this article (2180) two things are apparent:
P15,000 as average annual income of the deceased; an agency, subtle and deadly, the measure of care (1) that when an injury is caused by the negligence
P10,000 in exemplary damages; P3,000 attorney's fees required of electric companies must be commensurate of a servant or employee there instantly arise a
with or proportionate to the danger. The duty of presumption of law that there was negligence on the
ISSUE exercising this high degree of diligence and care part of the employer or master either n the selection
WON the legal principle of "assumption of risk" bars extends to every place where persons have a right to of the servant or employee, or in the supervision
private respondents from collecting damages from be" The negligence of petitioner having been shown, it over him after the selection, or both, and
INELCO may not now absolve itself from liability by arguing that
6
the victim's death was solely due to a fortuitous event. Art. 2180. The obligation imposed by Article 2176 is demandable not
HELD "When an act of God combines or concurs with the only for one’s own acts or omissions, but also for those of persons for
whom one is responsible,
NO negligence of the defendant to produce an injury, the …
Ratio The maxim "volenti non fit injuria" relied upon by defendant is liable if the injury would not have resulted Employers shall be liable for the damages caused by their employees and
petitioner finds no application in the case at bar. It is but for his own negligent conduct or omission" household helpers acting within the scope of their assigned tasks, even
though the former are not engaged in any business or industry.
imperative to note the surrounding circumstances Disposition CA decision, except for the slight …
which impelled the deceased to leave the comforts of a modification that actual damages be increased to The responsibility treated of this article shall cease when the persons
roof and brave the subsiding typhoon. As testified by P48,229.45, is AFFIRMED. herein mentioned prove that they observed all the diligence of a good
father of a family to prevent damage.
torts & damages A2010 - 53 - prof. casis
(2) that they presumption is juris tantum ( so much and as a consequence, she was unable to work for through oral evidence must fail as it was unable to
or so little of law) and not juris et de jure (of law and three and one half months (31/2). buttress the same with any other evidence, object or
from law), and consequently may be rebutted . - A complaint for damages was filed by herein private documentary, which might obviate the apparent biased
- It follows necessarily that if the employer shows to the respondent, who being then a minor was assisted by nature of the testimony.
satisfaction of the court that in the selection and her parents, against all of therein named defendants - It is procedurally required for each party in a case to
supervision he has exercised the care and diligence of following their refusal to pay the expenses incurred by prove his own affirmative assertion by the degree of
a good father of the family, the presumption is the former as a result of the collision. evidence required by law. The party, whether plaintiff
overcome and he is relieved from liability. - Said defendants denied all the material allegations in or defendant, who asserts the affirmative of the issue
- It was shown in this case that Pesi Cola did not merely the complaint and pointed an accusing finger at each has the burden of presenting at the trial such amount
satisfy itself that Bonifacio possessed a driver’s license. other as being the party at fault. Further, herein of evidence required by law to obtain a favorable
A background check was done and he was required to petitioner MMTC, a government-owned corporation and judgment. It is entirely within each of the parties
submit various clearances, previous experience, and one of the defendants in the court a quo, along with its discretion, consonant with the theory of the case it or
medical records. He was also made to undergo both driver, Godofredo Leonardo, contrarily averred in its he seeks to advance and subject to such procedural
theoretical and practical driving tests prior to being answer with cross-claim and counterclaim that the strategy followed thereby, to present all available
hired as driver. In terms of the aspect of supervision, MMTC bus was driven in a prudent and careful manner evidence at its or his disposal in the manner which may
the petitioners raised no questions. Given this, the by driver Leonardo and that it was the passenger be deemed necessary and beneficial to prove its or his
proof called for under Article 2180 to show diligence of jeepney which was driven recklessly considering that it position, provided only that the same shall measure up
a good father of a family has been met. hit the left middle portion of the MMTC bus, and that it to the quantum of evidence required by law. In making
Disposition Decision of the CA is affirmed. was defendant Lamayo, the owner of the jeepney and proof in its or his case, it is paramount that the best
employer of driver Calebag, who failed to exercise due and most complete evidence be formally entered.
METRO MANILA TRANSIT CORP V CA diligence in the selection and supervision of employees - Whether or not the diligence of a good father of a
and should thus be held solidarily liable for damages family has been observed by petitioner is a matter of
(CUSTODIA)
caused to the MMTC bus through the fault and proof which under the circumstances in the case at bar
223 SCRA 521 negligence of its employees. has not been clearly established. It is not felt by the
REGALADO; June 21, 1993 - Defendant Victorino Lamayo alleged that the damages Court that there is enough evidence on record as would
suffered by therein plaintiff should be borne by overturn the presumption of negligence, and for failure
FACTS defendants MMTC and its driver, Godofredo Leonardo, to submit all evidence within its control, assuming the
- At about six o'clock in the morning of August 28, because the latter's negligence was the sole and putative existence thereof, petitioner MMTC must suffer
1979, plaintiff-appellant Nenita Custodio boarded as a proximate cause of the accident and that MMTC failed the consequences of its own inaction and indifference.
paying passenger a public utility jeepney, then driven to exercise due diligence in the selection and 2. In any event, we do not find the evidence presented
by defendant Agudo Calebag and owned by his co- supervision of its employees. by petitioner sufficiently convincing to prove the
defendant Victorino Lamayo, bound for her work, where diligence of a good father of a family, which for an
she then worked as a machine operator earning P16.25 ISSUES employer doctrinally translates into its observance of
a day. 1. WON the oral testimonies of witnesses even without due diligence in the selection and supervision of its
- While the jeepney was travelling at a fast clip along the presentation documentary evidence, prove that employees but which mandate, to use an oft-quoted
DBP Avenue, Bicutan, Taguig, another fast moving driver Leonardo had complied with all the hiring and phrase, is more often honored in the breach than in the
vehicle, a Metro Manila Transit Corp. (MMTC) bus driven clearance requirements and had undergone all observance.
by defendant Godofredo C. Leonardo was negotiating trainings, tests and examinations preparatory to actual - Petitioner attempted to essay in detail the company's
Honeydew Road, Bicutan, Taguig, Metro Manila bound employment, and that said positive testimonies spell procedure for screening job applicants and supervising
for its terminal at Bicutan. out the rigid procedure for screening of job applicants its employees in the field, through the testimonies of
- As both vehicles approached the intersection of DBP and the supervision of its employees in the field Milagros Garbo, as its training officer, and Christian
Avenue and Honeydew Road they failed to slow down 2. WON petitioner exercised due diligence in the Bautista, as its transport supervisor, both of whom
and slacken their speed; neither did they blow their selection and supervision of its employees naturally and expectedly testified for MMTC.
horns to warn approaching vehicles. As a consequence, - Their statements strike us as both presumptuous and
a collision between them occurred, the passenger HELD in the nature of petitio principii, couched in generalities
jeepney ramming the left side portion of the MMTC bus. 1. While there is no rule which requires that and shorn of any supporting evidence to boost their
The collision impact caused plaintiff-appellant Nenita testimonial evidence, to hold sway, must be verity.
Custodio to hit the front windshield of the passenger corroborated by documentary evidence, or even - The case at bar is clearly within the coverage of
jeepney and (she) was thrown out therefrom, falling subject evidence for that matter, inasmuch as the Article 2176 and 2177, in relation to Article 2180, of the
onto the pavement unconscious with serious physical witnesses' testimonies dwelt on mere generalities, we Civil Code provisions on quasi-delicts as all the
injuries. cannot consider the same as sufficiently persuasive elements thereof are present, to wit: (1) damages
- She was brought to the Medical City Hospital where proof that there was observance of due diligence in the suffered by the plaintiff, (2) fault or negligence of the
she regained consciousness only after one (1) week. selection and supervision of employees. defendant or some other person for whose act he must
Thereat, she was confined for twenty-four (24) days, - Petitioner's attempt to prove its diligentissimi patris respond, and (3) the connection of cause and effect
familias in the selection and supervision of employees between fault or negligence of the defendant and the
torts & damages A2010 - 54 - prof. casis
damages incurred by plaintiff. It is to be noted that diligent not only in the selection of employees but also four-year prescriptive period under Article 1146 of the
petitioner was originally sued as employer of driver in the actual supervision of their work. Civil Code should be computed from the said date.
Leonardo under Article 2180. - Finally, we believe that respondent court acted in the
- Article 2180 applicable only where there is an exercise of sound discretion when it affirmed the trial ISSUE
employer-employee relationship, although it is not court's award, without requiring the payment of WON a Complaint for damages instituted by the
necessary that the employer be engaged in business or interest thereon as an item of damages just because of petitioners against the private respondent arising from
industry. Employer is liable for torts committed by his delay in the determination thereof, especially since a marine collision is barred by presciption
employees within the scope of their assigned tasks. private respondent did not specifically pray therefor in
But, it is necessary first to establish the employment her complaint. Article 2211 of the Civil Code provides HELD
relationship. Once this is done, the plaintiff must show, that in quasi-delicts, interest as a part of the damages YES
to hold the employer liable, that the employee was may be awarded in the discretion of the court, and not - Under A1146 CC, an action based upon a quasi-delict
acting within the scope of his assigned task when the as a matter of right. must be instituted within four (4) years. The
tort complained of was committed. It is only then that prescriptive period begins from the day the quasi-delict
the defendant, as employer, may find it necessary to KRAMER VS CA (TRANS-ASIA SHIPPING is committed. In Paulan vs. Sarabia, this Court ruled
interpose the defense of due diligence in the selection that in an action for damages arising from the collision
LINES)
and supervision of employees. The diligence of a good of two (2) trucks, the action being based on a quasi-
father of a family required to be observed by employers 178 SCRA 289 delict, the four (4) year prescriptive period must be
to prevent damages under Article 2180 refers to due GANCAYCO; October 13, 1989 counted from the day of the collision.
diligence in the selection and supervision of employees - In Espanol vs. Chairman, Philippine Veterans
in order to protect the public. FACTS Administration, this Court held: The right of action
- With the allegation and subsequent proof of - The F/B Marjolea, a fishing boat owned by Ernesto accrues when there exists a cause of action, which
negligence against the defendant driver and of an Kramer, Jr. and Marta Kramer, was navigating its way consists of 3 elements, namely: a) a right in favor of the
employer-employee relation between him and his co- from Marinduque to Manila. Somewhere near plaintiff by whatever means and under whatever law it
defendant MMTC in this instance, the case in Maricabon Island and Cape Santiago, the boat figured arises or is created; b) an obligation on the part of
undoubtedly based on a quasi-delict under Article 2180. in a collision with an inter-island vessel, the M/V Asia defendant to respect such right; and c) an act or
When the employee causes damage due to his own Philippines owned byTrans-Asia Shipping Lines, Inc. As omission on the part of such defendant violative of the
negligence while performing his own duties, there a consequence of the collision, the F/B Marjolea sank, right of the plaintiff ... It is only when the last element
arises the juris tantum presumption that the employer taking with it its fish catch. occurs or takes place that it can be said in law that a
is negligent, rebuttable only by proof of observance of - The Board concluded that the loss of the F/B Marjolea cause of action has arisen. From the foregoing ruling, it
the diligence of a good father of a family. For failure to and its fish catch was due to the negligence of the is clear that the prescriptive period must be counted
rebut such legal presumption of negligence in the employees of Trans-Asia. The Kramers instituted a when the last element occurs or takes place, that is,
selection and supervision of employees, the employer Complaint for damages against the private respondent the time of the commission of an act or omission
is likewise responsible for damages, the basis of the before Branch 117 of the Regional Trial Court in Pasay violative of the right of the plaintiff, which is the time
liability being the relationship of pater familias or on City. Trans-Asia filed a motion seeking the dismissal of when the cause of action arises. It is therefore clear
the employer's own negligence. the Complaint on the ground of prescription. He that in this action for damages arising from the collision
- Due diligence in the supervision of employees argued that under Article 1146 of the Civil Code, the of 2 vessels the 4 year prescriptive period must be
includes the formulation of suitable rules and prescriptive period for instituting a Complaint for counted from the day of the collision. The aggrieved
regulations for the guidance of employees and the damages arising from a quasi-delict like a maritime party need not wait for a determination by an
issuance of proper instructions intended for the collision is four years. He maintained that the administrative body like a Board of Marine Inquiry, that
protection of the public and persons with whom the petitioners should have filed their Complaint within four the collision was caused by the fault or negligence of
employer has relations through his or its employees years from the date when their cause of action accrued, the other party before he can file an action for
and the imposition of necessary disciplinary measures i.e., from April 8, 1976 when the maritime collision took damages. Immediately after the collision the aggrieved
upon employees in case of breach or as may be place, and that accordingly, the Complaint filed on May party can seek relief from the courts by alleging such
warranted to ensure the performance of acts 30, 1985 was instituted beyond the four-year negligence or fault of the owners, agents or personnel
indispensable to the business of and beneficial to their prescriptive period. of the other vessel. Thus, the respondent court
employer. Petitioner’s claim: correctly found that the action of petitioner has
- In order that the defense of due diligence in the - that maritime collisions have peculiarities and prescribed. The collision occurred on April 8, 1976. The
selection and supervision of employees may be characteristics which only persons with special skill, complaint for damages was filed in court only on May
deemed sufficient and plausible, it is not enough to training and experience like the members of the Board 30, 1 985, was beyond the 4 year prescriptive period.
emptily invoke the existence of said company of Marine Inquiry can properly analyze and resolve Disposition petition is dismissed.
guidelines and policies on hiring and supervision. As the - that the running of the prescriptive period was tolled
negligence of the employee gives rise to the by the filing of the marine protest and that their cause ALLIED BANKING V CA (YUJUICO)
presumption of negligence on the part of the employer, of action accrued only on April 29, 1982, the date when 178 SCRA 526
the latter has the burden of proving that it has been the Decision ascertaining the negligence of the crew of
GANCAYCO; October 13, 1989
the M/V Asia Philippines had become final, and that the
torts & damages A2010 - 55 - prof. casis
made by Judge Mintu. Both parties filed for motions of complaint may cause delay in the disposition of the
NATURE partial reconsideration, which were both denied. main suit, it cannot be outrightly asserted that it would
Petition seeking the reversal of the decision of CA in - CA, in a petition for certiorari questioning the denied not serve any purpose.
"Joselito Z. Yujuico vs. Hon. Domingo D. Panis, RTC motions, rendered a decision nullifying the RTC order. - The tests to determine whether the claim for
Judge of Manila and Allied Banking Corp.,"1 and the The RTC judge was found to be in grave abuse of indemnity in a third-party claim is "in respect of plaintiff
resolution denying petitioner's motion for discretion and was ordered to admit the third-party 's claim" are: (a) whether it arises out of the same
reconsideration of the said decision. complaint. transaction on which the plaintiff's claim is based, or
- Petitioner claims that the cause of action alleged in whether the third-party's claim, although arising out of
FACTS the third-party complaint has already prescribed. Being another or different contract or transaction, is
- Mar 25, 1977 - Respondent Yujuico, a ranking officer founded on what was termed as "tortious interference," connected with the plaintiffs claim; (b) whether the
in General Bank and Trust Company (GENBANK) and a petitioner asserts that under the CC on quasi-delict" the third-party defendant would be liable to the plaintiff or
member of the family owning control of the said bank, action against third-party defendants should have been to the defendant for all or part of the plaintiffs claim
obtained a loan from the said institution in the amount filed within four (4) years from the date the cause of against the original defendant, although the third-party
of 500K. Private respondent issued a promissory note in action accrued. On the theory that the cause of action defendant's liability arises out of another transaction;
favor of GENBANK. accrued on March 25, 1977, the date when the or (c) whether the third-party defendant may assert
- March 25, 1977 – the Monetary Board of the Central Monetary Board ordered GENBANK to desist from doing any defense which the third-party plaintiff has, or may
Bank issued a resolution forbidding GENBANK from business in the Philippines, petitioner maintains that have against plaintiffs claim. (Capayas v CFI Albay)
doing business in the Phil. It was followed by another the claim should have been filed at the latest on March The claim of third-party plaintiff, private respondent
resolution ordering the liquidation of GENBANK. 25, 1981. On the other hand, private respondent relies herein, can be accommodated under tests (a) and (b)
- In the Memorandum of Agreement between Allied on the "Doctrine of Relations" or "Relations Back abovementioned.
Banking Corp (Allied) and Amulfo Aurellano as Doctrine" to support his claim that the cause of action 2. YES
liquidator of GENBANK, Allied acquired all the assets as against the proposed third-party defendant accrued - The action for damages instituted by private
and assumed the liabilityies of GENBANK, including the only on December 12,1986 when the decision in CA respondent arising from the quasidelict or alleged
receivable due from Yujuico. (first case)became final and executory. It is contended "tortious interference" should be filed within four 4
- Yujuico failed to comply with his obligation prompting that while the third party complaint was filed only on years from the day the cause of action accrued.
Allied to file a complaint for the collection of a sum of June 17,1987, it must be deemed to have been - It is from the date of the act or omission violative of
money before the CFI Manila (now RTC). instituted on February 7, 1979 when the complaint in the right of a party when the cause of action arises and
- First case: CA affirmed RTC decision in a special the case was filed. it is from this date that the prescriptive period must be
proceeding finding that the liquidation of GENBANK was reckoned. (Español vs. Chairman, Philippine Veterans
made in bad faith. This decision declared as null and ISSUE Admistration)
void the liquidation of GENBANK. It was then that 1. WON there was ground to admit the third-party - While the third party complaint in this case may be
Yujuico filed the third party complaint to transfer complaint admitted as above discussed, since the cause of action
liability for the default imputed against him by the 2. WON the cause of action under the third-party accrued on March 25, 1980 when the Monetary Board
petitioner to the proposed third-party7 defendants complaint prescribed ordered the GENBANK to desist from doing business in
because of their tortious acts which prevented him the Philippines while the third party complaint was filed
from performing his obligations. HELD only on June 17, 1987, consequently, the action has
- Second and current proceeding (1987) – Yujuico filed 1. YES prescribed. The third party complaint should not be
a motion to admit Ammended/Supplemental Answer - The first instance is allowable and should be allowed if admitted.
and a Third Party Complaint to impead the Central Bank it will help in clarifying in a single proceeding the Disposition petition is GRANTED. The decision of CA
and Aurellano as third-party defendants. The complaint multifarious issues involved arising from a single denying the motion for reconsideration filed by
alleged that by reason of the tortuous interference by transaction. petitioner are hereby reversed and set aside and
the CB with the affairs of GENBANK, he was prevented - The judgment of the CA in its first decision is the declared null and void, and another judgment is hereby
from performing his obligation such that he should not substantive basis of private respondent's proposed rendered sustaining the orders of the RTC denying the
be held liable thereon. RTC Judge Mintu denied the third-party complaint. There is merit in private admission of the third party complaint
third-party complaint but admitted the respondent's position that if held liable on the
amended/supplemental answer. The case was re-
raffled where presiding Judge Panis reiterated the order
promissory note, they are seeking, by means of the
third-party complaint, to transfer unto the third-party CAUSATION
defendants liability on the note by reason of the illegal
liquidation of GENBANK which was the basis for the
7 BATACLAN V MEDINA
A third-party complaint is a procedural device whereby a "third-party" assignment of the promissory note. If there was any
who is neither a party nor privy to the act or deed complained of by the confusion at all on the ground/s alleged in the third- 102 PHIL 181
plaintiff, may be brought into the case with leave of court, by the party complaint, it was the claim of third-party plaintiff MONTEMAYOR; October 22, 1957
defendant, who acts as third-party plaintiff to enforce against such third-
party defendant a right for contribution, indemnity, subrogation or any
for other damages in addition to any amount which he
other relief, in respect of the plaintiffs claim. The third party complaint is may be called upon to pay under the original complaint. FACTS
independent of, separate and distinct from the plaintiff’s complaint. While these allegations in the proposed third-party
torts & damages A2010 - 56 - prof. casis
- Juan Bataclan rode Bus No. 30 of the Medina the coming of the men with the torch was to be compensatory damages, P20k each as moral damages
Transportation, driven by Saylon, shortly after expected and was a natural sequence of the and P10k for attorney’s fees.
midnight. While the bus was running very fast on a overturning of the bus, the trapping of some of its - Both parties filed their separate MFRs; the CA
highway, one of the front tires burst. The bus fell into a passengers and the call for outside help. What is more, rendered an amended decision granting Davao City’s
canal and turned turtle. Four passengers could not get the burning of the bus can also in part be attributed to MFR, dismissing the case. Hence this petition.
out, including Bataclan. It appeared that gasoline the negligence of the carrier, through its driver and its
began to leak from the overturned bus. Ten men came conductor. According to the witnesses, the driver and ISSUES
to help. One of them carried a torch and when he the conductor were on the road walking back and forth. 1. WON Davao City is guilty of negligence
approached the bus, a fierce fire started, burning the They, or at least, the driver should and must have 2. WON such negligence is the proximate cause of the
four passengers trapped inside. known that in the position in which the overturned bus deaths of the victims
- The trial court was of the opinion that the proximate was, gasoline could and must have leaked from the
cause of the death of Bataclan was not the overturning gasoline tank and soaked the area in and around the HELD
of the bus, but rather, the fire that burned the bus, bus, this aside from the fact that gasoline when spilled, 1. NO
including himself and his co-passengers who were specially over a large area, can be smelt and detected - Although public respondent had been remiss in its
unable to leave it; that at the time the fire started, -even from a distance, and yet neither the driver nor duty to re-empty the tank annually (for almost 20
Bataclan, though he must have suffered physical the conductor would appear to have cautioned or taken years), such negligence was not a continuing one. Upon
injuries, perhaps serious, was still alive, and so steps to warn the rescuers not to bring the lighted torch learning from the market master about the need to
damages were awarded, not for his death, but for the too near the bus. clean said tank, it immediately responded by issuing
physical injuries suffered by him. -(I guess this case says, if not for the overturning of the invitations to bid for such service. Public respondent
bus… then the leak and the fire wouldn’t have lost no time in taking up remedial measures to meet
ISSUES happened) the situation. Also, public respondent’s failure to empty
What is the proximate cause of death of the four the tank had not caused any sanitary accidents despite
passengers? FERNANDO V CA (City of Davao) its proximity to several homes and the public market as
it was covered in lead and was air-tight. In fact, the
208 SCRA 714
HELD public toilet connected to it was used several times
The proximate cause of death is the overturning of the MEDIALDEA; May 8, 1992 daily all those years, and all those people have
bus. remained unscathed which is ironically evidenced by
- see definition of proximate cause under A1 NATURE the petitioner’s witnesses. The only indication that the
- It may be that ordinarily, when a passenger bus Petition for review on certiorari tank was full was when water began to leak, and even
overturns, and pins down a passenger, merely causing then no reports of casualties from gas poising emerged.
him physical injuries, "If through some event, FACTS - Petitioners in fussing over the lack of ventilation in the
unexpected and extraordinary, the overturned bus is - Bibiano Morta, market master of the Agdao Public tanks backfired as their witnesses were no experts.
set on fire, say, by lightning, or if some highwaymen Market filed a requisition request with the Chief of Neither did they present competent evidence to
after looting the vehicle sets it on fire, and the Property for the re-emptying of the septic tank of corroborate their testimonies and rebut the city
passenger is burned to death, one might still contend Agdao. Invitations to bid for cleaning out the tanks government engineer Alindada’s testimony that safety
that the proximate cause of his death was the fire and were issued, which was won by Bascon. However, requirements for the tank had been complied with.
not the overturning of the vehicle. But in the present before the date they were to work, one of the bidders, - The Court also does not agree with petitioner’s
case and under the circumstances obtaining in the Bertulano, and four other companions including an contention that warning signs of noxious gas should be
same, we do not hesitate to hold that the proximate Alberto Fernando were found dead inside the septic placed around the area of the toilets and septic tank.
cause of the death of Bataclan was the overturning of tank. The City Engineer’s office, upon investigation, As defined in Art 694 of the NCC, they are not
the bus, this for the reason that when the vehicle found that the men entered without clearance or nuisances per se which would necessitate warning
turned not only on 'Its side but completely on its back, consent of the market master. They apparently did the signs for the protection of the public.
the leaking of the gasoline from the tank was not re-emptying as the tank was nearly empty. The autopsy - Petitioner’s contention that the market master should
unnatural or unexpected; that the coming of the men showed that the victims died of asphyxia caused by have been supervising the area of the tank is also
with a lighted torch was in response to the call for help, lack of oxygen supply in the body. Their lungs had burst untenable. Work on the tank was still forthcoming since
made not only by the passengers, but most probably, due to their intake of toxic sulfide gas produced from the awarding to the winning bidder was yet to be made
by the driver and the conductor themselves, and that the waste matter in said tank. by the Committee on Awards—hence, there was
because it was very dark (about 2:30 in the morning), *Di nakalagay sa case, pero mukhang kinasuhan ni nothing to supervise.
the rescuers had to carry a light with them; and coming Sofia Fernando yung Davao City for negligence in a 2. NO
as they did from a rural area where lanterns and previous case dahil namatay yung asawa nya - Proximate cause is defined as that cause which in
flashlights were not available, they had to use a torch, - Upon dismissal of the case by the TC, petitioners natural and continuous sequence unbroken by any
the most handy and available; and what was more appealed to then IAC (now CA) which set aside the efficient intervening cause, produces the injury, and
natural than that said rescuers should innocently judgment and rendered a new one, granting the without which the result would not have occurred. To
approach the overturned vehicle to extend the aid and families of the deceased men P30k each in be entitled to damages, one must prove under Art 2179
effect the rescue requested from them. In other words, of the NCC that the defendant’s negligence was the
torts & damages A2010 - 57 - prof. casis
proximate cause of the injury. A test for such a - In an information, Urbano was charged with the crime probable result of the cause which first acted, under
relationship is given in Taylor v Manila Electric Railroad of homicide before the then Circuit Criminal Court of such circumstances that the person responsible for the
and Light Co. which states that a distinction must be Dagupan City. first event should, as an ordinarily prudent and
made between the accident and the injury, between - The trial court found Urbano guilty as charged. The intelligent person, have reasonable ground to expect at
the event itself, without which there could have been lower courts held that Javier's death was the natural the moment of his act or default that an injury to some
no accident, and those acts of the victim not entering and logical consequence of Urbano's unlawful act. He person might probably result therefrom."
into it, independent of it, but contributing to his own was sentenced accordingly. - The incubation period of tetanus, i.e., the time
proper hurt. - The then IAC affirmed the conviction of Urbano on between injury and the appearance of unmistakable
- A toxic gas leakage could only have happened by appeal. symptoms, ranges from 2 to 56 days. However, over 80
opening the tank’s cover. The accident is thus of the - Appellant alleges that the proximate cause of the percent of patients become symptomatic within 14
victims’ own doing—an ordinarily prudent person victim's death was due to his own negligence in going days. A short incubation period indicates severe
should be aware of the attended risks of cleaning out back to work without his wound being properly healed, disease, and when symptoms occur within 2 or 3 days
the tank. This was especially true for the victim, and that he went to catch fish in dirty irrigation canals of injury the mortality rate approaches 100 percent.
Bertulano, since he was an old hand to septic services in the first week of November, 1980. He states that the - Non-specific premonitory symptoms such as
and is expected to know the hazards of the job. The proximate cause of the death of Marcelo Javier was due restlessness, irritability, and headache are encountered
victims’ failure to take precautionary measures for their to his own negligence, that Dr. Mario Meneses found no occasionally, but the commonest presenting complaints
safety was the proximate cause of the accident. tetanus in the injury, and that Javier got infected with are pain and stiffness in the jaw, abdomen, or back and
- When a person holds himself out as being competent tetanus when after two weeks he returned to his farm difficulty swallowing. As the progresses, stiffness gives
to do things requiring professional skill, he will be held and tended his tobacco plants with his bare hands way to rigidity, and patients often complain of difficulty
liable for negligence if he fails to exhibit the care and exposing the wound to harmful elements like tetanus opening their mouths. In fact, trismus in the
skill required in what he attempts to do. As the CA germs. commonest manifestation of tetanus and is responsible
observed, the victims would not have died, had they ISSUE for the familiar descriptive name of lockjaw. As more
not opened the tank which they were not authorized to WON there was an efficient intervening cause from the muscles are involved, rigidity becomes generalized,
open in the first place. They find it illogical that the time Javier was wounded until his death which would and sustained contractions called risus sardonicus. The
septic tank which had been around since the 50’s exculpate Urbano from any liability for Javier's death intensity and sequence of muscle involvement is quite
would be the proximate cause of an accident which HELD variable. In a small proportion of patients, only local
occurred only 20 years later, especially since no other YES. signs and symptoms develop in the region of the injury.
deaths or injuries related to the tank had ever - The case involves the application of Article 4 of the In the vast majority, however, most muscles are
occurred. Revised Penal Code which provides that "Criminal involved to some degree, and the signs and symptoms
Disposition amended decision of the CA is AFFIRMED liability shall be incurred: (1) By any person committing encountered depend upon the major muscle groups
a felony (delito) although the wrongful act done be affected.
URBANO V IAC different from that which he intended ..." Pursuant to - Reflex spasm usually occur within 24 to 72 hours of
this provision "an accused is criminally responsible for the first symptom, an interval referred to as the onset
157 SCRA 1
acts committed by him in violation of law and for all the time. As in the case of the incubation period, a short
GUTIERREZ JR; January 7, 1988 natural and logical consequences resulting therefrom." onset time is associated with a poor prognosis. Spasms
- The record is clear that - The evidence on record are caused by sudden intensification of afferent stimuli
NATURE does not clearly show that the wound inflicted by arising in the periphery, which increases rigidity and
Petition to review the decision of the then IAC Urbano was infected with tetanus at the time of the causes simultaneous and excessive contraction of
infliction of the wound. The evidence merely confirms muscles and their antagonists. Spasms may be both
FACTS that the wound, which was already healing at the time painful and dangerous. As the disease progresses,
ON oct. 23, 1980, Marcelo Javier was hacked by the Javier suffered the symptoms of the fatal ailment, minimal or inapparent stimuli produce more intense
Filomeno Urbano using a bolo. As a result of which, somehow got infected with tetanus However, as to and longer lasting spasms with increasing frequency.
Javier suffered a 2-inch incised wound on his right palm. when the wound was infected is not clear from the Respiration may be impaired by laryngospasm or tonic
On November 14, 1981, which was the 22nd day after record. contraction of respiratory muscles which prevent
the incident, Javier was rushed to the hospital in a very - PROXIMATE CAUSE "that cause, which, in natural and adequate ventilation. Hypoxia may then lead to
serious condition. When admitted to the hospital, Javier continuous sequence, unbroken by any efficient irreversible central nervous system damage and death.
had lockjaw and was having convulsions. Dr. Edmundo intervening cause, produces the injury, and without Mild tetanus is characterized by an incubation period of
Exconde who personally attended to Javier found that which the result would not have occurred."And more at least 14 days and an onset time of more than 6
the latter's serious condition was caused by tetanus comprehensively, "the proximate legal cause is that days. Trismus is usually present, but dysphagia is
toxin. He noticed the presence of a healing wound in acting first and producing the injury, either absent and generalized spasms are brief and mild.
Javier's palm which could have been infected by immediately or by setting other events in motion, all Moderately severe tetanus has a somewhat shorter
tetanus. On November 15, 1980, Javier died in the constituting a natural and continuous chain of events, incubation period and onset time; trismus is marked,
hospital. each having a close causal connection with its dysphagia and generalized rigidity are present, but
immediate predecessor, the final event in the chain ventilation remains adequate even during spasms. The
immediately effecting the injury as a natural and criteria for severe tetanus include a short incubation
torts & damages A2010 - 58 - prof. casis
time, and an onset time of 72 hrs., or less, severe happened but for such condition or occasion. If no without a curfew pass; if there was negligence in the
trismus, dysphagia and rigidity and frequent prolonged, danger existed in the condition except because of the manner in which the dump truck was parked, that
generalized convulsive spasms. (Harrison's Principle of independent cause, such condition was not the negligence was merely a "passive and static condition"
Internal Medicine, 1983 Edition, pp. 1004-1005; proximate cause. And if an independent negligent act and that private respondent Dionisio's recklessness
Emphasis supplied) or defective condition sets into operation the instances constituted an intervening, efficient cause
- Therefore, medically speaking, the reaction to which result in injury because of the prior defective determinative of the accident and the injuries he
tetanus found inside a man's body depends on the condition, such subsequent act or condition is the sustained.
incubation period of the disease. proximate cause TC: in favor of Dionisio, awarded damages in favor of
- In the case at bar, Javier suffered a 2-inch incised DISPOSITION :. The petitioner is ACQUITTED of the Dionisio
wound on his right palm when he parried the bolo crime of homicide. IAC: in favor of Dionisio, reduced the damages awarded
which Urbano used in hacking him. This incident took
place on October 23, 1980. After 22 days, or on PHOENIX CONSTRUCTION, INC. ISSUES
November 14, 1980, he suffered the symptoms of Factual issues: (court discussed this to administer
(CARBONEL) VS. IAC (DIONISIO)
tetanus, like lockjaw and muscle spasms. The following substantial justice without remanding the case to the
day, November 15, 1980, he died. 148 SCRA 353 lower court – since both TC and IAC did not consider
If, therefore, the wound of Javier inflicted by the FELICIANO, MARCH 10, 1987 defenses set by petitioners)
appellant was already infected by tetanus germs at the 1. WON private respondent Dionisio had a curfew pass
time, it is more medically probable that Javier should NATURE valid and effective for that eventful night
have been infected with only a mild cause of tetanus Petition for review 2. WON Dionisio was driving fast or speeding just
because the symptoms of tetanus appeared on the before the collision with the dump truck;
22nd day after the hacking incident or more than 14 FACTS 3. WON Dionisio had purposely turned off his car's
days after the infliction of the wound. Therefore, the -About 1:30 am, Leonardo Dionisio (DIONISIO) was headlights before contact with the dump truck
onset time should have been more than six days. driving home (he lived in Bangkal, Makati) from 4. WON Dionisio was intoxicated at the time of the
Javier, however, died on the second day from the onset cocktails/dinner meeting with his boss where he had accident.
time. The more credible conclusion is that at the time taken “a shot or two” of liquor. He had just crossed the Substantial Issues:
Javier's wound was inflicted by the appellant, the intersection of General Lacuna and General Santos Sts. 5. WON the legal and proximate cause of the accident
severe form of tetanus that killed him was not yet At Bangkal, Makati (not far from his home) and was and of Dionisio's injuries was the wrongful or negligent
present. Consequently, Javier's wound could have been proceeding down General Lacuna Street without manner in which the dump truck was parked
infected with tetanus after the hacking incident. headlights when he hit a dump truck owned by Phoenix a. WON the driver’s negligence was merely a "passive
Considering the circumstance surrounding Javier's Construction Inc. (PHOENIX), which was parked on the and static condition" and that Dionisio's negligence
death, his wound could have been infected by tetanus right hand side of General Lacuna Street (DIONISIO’s was an "efficient intervening cause," and that
2 or 3 or a few but not 20 to 22 days before he died. lane). The dump truck was parked askew in such a consequently Dionisio's negligence must be
The rule is that the death of the victim must be the manner as to stick out onto the street, partly blocking regarded as the legal and proximate cause of the
direct, natural, and logical consequence of the wounds the way of oncoming traffic. There were no lights nor accident rather than the earlier negligence of
inflicted upon him by the accused. And since we are any so-called "early warning" reflector devices set Carbonel
dealing with a criminal conviction, the proof that the anywhere near the dump truck, front or rear. The dump b. WON the court, based on the “last clear chance”
accused caused the victim's death must convince a truck had earlier that evening been driven home by doctrine, should hold Dionisio alone responsible for
rational mind beyond reasonable doubt. The medical petitioner Armando U. Carbonel (CARBONEL), its his accident
findings, however, lead us to a distinct possibility that regular driver, with the permission of his employer 6. WON Phoenix has successfully proven that they
the infection of the wound by tetanus was an efficient PHOENIX, in view of work scheduled to be carried out exercised due care in the selection and supervision of
intervening cause later or between the time Javier was early the following morning, DIONISIO claimed that he the dump truck driver
wounded to the time of his death. The infection was, tried to avoid a collision by swerving his car to the left 7. WON the amount of damages awarded should be
therefore, distinct and foreign to the crime. but it was too late and his car smashed into the dump modified
- Doubts are present. There is a likelihood that the truck. As a result of the collision, DIONISIO suffered
wound was but the remote cause and its subsequent some physical injuries including some permanent facial HELD
infection, for failure to take necessary precautions, with scars, a "nervous breakdown" and loss of two gold FACTUAL
tetanus may have been the proximate cause of Javier's bridge dentures. 1. NO. none was found with Dionisio. He was not able
death with which the petitioner had nothing to do. DIONISIO’s claim: the legal and proximate cause of his to produce any curfew pass during the trial. (It is
- A prior and remote cause cannot be made the be of injuries was the negligent manner in which Carbonel important to determine if he had a curfew pass to shed
an action if such remote cause did nothing more than had parked the dump truck entrusted to him by his light to the 2nd and 3rd factual issues)
furnish the condition or give rise to the occasion by employer Phoenix -Testimony of Patrolman Cuyno who had taken
which the injury was made possible, if there intervened PHOENIX + CARBONEL’s claim: the proximate cause of DIONISIO to Makati Med testified that none was found
between such prior or remote cause and the injury a Dionisio's injuries was his own recklessness in driving with Dionisio. Although Dionisio offered a certification
distinct, successive, unrelated, and efficient cause of fast at the time of the accident, while under the attesting that he did have a valid curfew pass, the
the injury, even though such injury would not have influence of liquor, without his headlights on and
torts & damages A2010 - 59 - prof. casis
certification did not specify any serial number or date EVIDENCE PRESENTED: Patrolman Cuyno attested that into it a month afterward. "Cause" and "condition" still find
or period of effectivity of the supposed curfew pass. Dionisio smelled of liquor at the time he was taken to occasional mention in the decisions; but the distinction
2. YES. Testimony of Patrolman Cuyno attesting that Makati med + Dionisio admitted he had taken “a shot is now almost entirely discredited So far as it has any
validity at all, it must refer to the type of case where the forces
people gathered at the scene of the accident told him or two” set in operation by the defendant have come to rest in a
that Dionisio’s Car was MOVING FAST and that he DID - not enough evidence to show how much liquor position of apparent safety. and some new force intervenes.
NOT have its HEADLIGTS ON. Dionisio had in fact taken and the effects of that upon But even in such cases, it is not the distinction between
Ratio. The testimony of Patrolman Cuyno is admissible his physical faculties or upon his judgment or mental "cause" and "condition" which is important, but the
not under the official records exception to the hearsay alertness. "One shot or two" of hard liquor may affect nature of the risk and the character of the intervening
rule but rather as part of the res gestae. Testimonial different people differently. cause."
evidence under this exception to the hearsay rule "Foreseeable Intervening Causes. If the intervening cause
consists of excited utterances made on the occasion of SUBSTANTIAL is one which in ordinary human experience is reasonably to be
an occurrence or event sufficiently startling in nature 5. YES. The collision of Dionisio's car with the dump anticipated, or one which the defendant has reason to
anticipate under the particular circumstances, the defendant
so as to render inoperative the normal reflective track was a natural and foreseeable consequence of may be negligent, among other reasons, because of failure to
thought processes of the observer and hence made as the truck driver's negligence. Private respondent guard against it; or the defendant may be negligent only for
a spontaneous reaction to the occurrence or event, and Dionisio's negligence was "only contributory," that the that reason Thus one who sets a fire may be required to
not the result of reflective thought. "immediate and proximate cause" of the injury foresee that an ordinary, usual and customary wind arising
-Dionisio claimed that he was traveling at 30kph and remained the truck driver's "lack of due care" and that later will spread it beyond the defendant's own property, and
had just crossed the intersection of General Santos and consequently respondent Dionisio may recover therefore to take precautions to prevent that event. The person
General Lacuna Streets and had started to accelerate damages though such damages are subject to who leaves the combustible or explosive material exposed in a
public place may foresee the risk of fire from some
when his headlights failed just before the collision took mitigation by the courts independent source. x x x In all of these cases there is an
place. He also asserts that Patrolman Cuyno’s a. NO. Besides, this argument had no validity under intervening cause combining with the defendant's
testimony was hearsay and did not fall within any of the our jurisdiction and even in the United States, the conduct to produce the result and in each case the
recognized exceptions to the hearsay rule since the distinctions between" cause" and "condition" have defendant's negligence consists in failure to protect the
facts he testified to were not acquired by him through already been "almost entirely discredited. plaintiff against that very risk.
official information and had not been given by the - the truck driver's negligence far from being a "passive Obviously the defendant cannot be relieved from liability
informants pursuant to any duty to do so. and static condition" was rather an indispensable and by the fact that the risk or a substantial and important
part of the risk, to which the defendant has subjected
-BUT: an automobile speeding down a street and efficient cause; Dionisio's negligence, although
the plaintiff has indeed come to pass. Foreseeable
suddenly smashing into a stationary object in the dead later in point of time than the truck driver's negligence intervening forces are within the scope of the original risk,
of night is a sufficiently startling event as to evoke and therefore closer to the accident, was not an and hence of the defendant's negligence. The courts are
spontaneous, rather than reflective, reactions from efficient intervening or independent cause. The quite generally agreed that intervening causes which fall fairly
observers who happened to be around at that time. The petitioner truck driver owed a duty to private in this category will not supersede the defendant's
testimony of Patrolman Cuyno was therefore admissible respondent Dionisio and others similarly situated not to responsibility.
as part of the res gestae and should have been impose upon them the very risk the truck driver had Thus it has been held that a defendant will be required to
anticipate the usual weather of the vicinity, including all
considered by the trial court. Clearly, substantial weight created. Dionisio's negligence was not of an
ordinary forces of nature such as usual wind or rain, or snow or
should have been ascribed to such testimony, even independent and overpowering nature as to cut, as it frost or fog or even lightning; that one who leaves an
though it did not, as it could not, have purported to were, the chain of causation in fact between the obstruction on the road or a railroad track should foresee that a
describe quantitatively the precise velocity at which improper parking of the dump truck and the accident, vehicle or a train will run into it; x x x.
Dionisio was travelling just before impact with the nor to sever the juris vinculum of liability. The risk created by the defendant may include the intervention
Phoenix dump truck. FROM PROF. PROSSER AND KEETON: "Cause and condition. of the foreseeable negligence of others. x x x [T]he standard
3. YES. Phoenix’s theory more credible than Dionisio’s. Many courts have sought to distinguish between the active of reasonable conduct may require the defendant to
"cause" of the harm and the existing "conditions" upon protect the plaintiff against 'that occasional negligence
DIONISIO’S CLAIM: he had his headlights on but that, at
which that cause operated If the defendant has created only a which is one of the ordinary incidents of human life, and
the crucial moment, these had in some mysterious if passive static condition which made the damage possible, the therefore to be anticipated.' Thus, a defendant who blocks
convenient way malfunctioned and gone off, although defendant is said not to be liable. But so far as the fact of the sidewalk and forces the plaintiff to walk in a street where
he succeeded in switching his lights on again at causation is concerned, in the sense of necessary antecedents the plaintiff will be exposed to the risks of heavy traffic
"bright" split seconds before contact with the dump which have played an important part in producing the result, it becomes liable when the plaintiff is run down by a car, even
truck is quite impossible to distinguish between active forces and though the car is negligently driven; and one who parks an
PHOENIX’s CLAIM: Dionisio purposely shut off his passive situations, particularly since, as is invariably the case automobile on the highway without lights at night is not
the latter am the result of other active forces which have gone relieved of responsibility when another negligently drives into it
headlights even before he reached the intersection so
before. The defendant who spills gasoline about the premises --"
as not to be detected by the police in the police creates a "condition," but the act may be culpable because of
precinct which he (being a resident in the area) knew b. NO. The last clear chance doctrine of the common
the danger of fire. When a spark ignites the gasoline, the
was not far away from the intersection (less than 200m law was imported into our jurisdiction by Picart vs.
condition has done quite as much to bring about the fire as the
away). spark; and since that is the very risk which the defendant has Smith but it is a matter for debate whether, or to what
4. NOT ENOUGH EVIDENCE TO CONCLUDE created, the defendant will not escape responsibility. Even the extent, it has found its way into the Civil Code of the
ANYTHING. lapse of a considerable time during which the "condition" Philippines. Accordingly, it is difficult to see what
remains static will not necessarily affect liability; one who digs role, if any, the common law last clear chance
a trench in the highway may still be liable to another who falls
torts & damages A2010 - 60 - prof. casis
doctrine has to play in a jurisdiction where the aggregate amount of compensatory damages, loss of NO
common law concept of contributory negligence expected income and moral damages private - For it to apply, it must be established that private
as an absolute bar to recovery by the plaintiff, respondent Dionisio is entitled to by 20% of such respondent's own negligence was the immediate and
has itself been rejected, as it has been in Article amount. Costs against the petitioners. proximate cause of his injury.
2179 of the Civil Code of the Philippines. SO ORDERED. Definition of Proximate Cause: "any cause which, in
-The relative location in the continuum of time of the natural and continuous sequence, unbroken by any
plaintiff's and the defendant's negligent acts or efficient intervening cause, produces the result
PILIPINAS BANK V CA (REYES)
omissions, is only one of the relevant factors that may complained of and without which would not have
be taken into account. Of more fundamental 234 SCRA 435 occurred and from which it ought to have been
importance are the nature of the negligent act or PUNO; July 25, 1994 foreseen or reasonably anticipated by a person of
omission of each party and the character and gravity of ordinary case that the injury complained of or some
the risks created by such act or omission for the rest of NATURE similar injury, would result therefrom as a natural and
the community. - Petition for review of CA decision probable consequence."
ON LAST CLEAR CHANCE DOCTRINE: The historical Reasoning The proximate cause of the injury is the
function of that doctrine in the common law was to FACTS negligence of petitioner's employee in erroneously
mitigate the harshness of another common law - FLORENCIO REYES issued two postdated checks. posting the cash deposit of private respondent in the
doctrine or rule-that of contributory negligence. The These are for WINNER INDUSTRIAL CORP. in amount of name of another depositor who had a similar first
common law rule of contributory negligence prevented P21T due Oct.10, 1979 and for Vicente TUI in amount of name.
any recovery at all by a plaintiff who was also P11.4T due Oct.12. - The bank employee is deemed to have failed to
negligent, even if the plaintiff's negligence was - To cover the face value of the checks, he requested exercise the degree of care required in the
relatively minor as compared with the wrongful act or PCIB Money Shop's manager to effect the withdrawal of performance of his duties.
omission of the defendant. The common law notion of P32T from his savings account and have it deposited Dispositive Petition denied.
last clear chance permitted courts to grant recovery to with his current account with PILIPINAS BANK.
a plaintiff who had also been negligent provided that - PILIPINAS BANK’S Current Account Bookkeeper made QUEZON CITY V DACARA
the defendant had the last clear chance to avoid the an error in depositing the amount: he thought it was for
PANGANIBAN; JUNE 15, 2005
casualty and failed to do so. a certain FLORENCIO AMADOR. He, thus, posted the
deposit in the latter's account not noticing that the
6. NO. The circumstance that Phoenix had allowed its depositor's surname in the deposit slip was REYES. NATURE
track driver to bring the dump truck to his home - On Oct.11, the Oct.10 check in favor of WINNER Petition for review of a decision of the Court of Appeals
whenever there was work to be done early the INDUSTRIAL was presented for payment. Since the
following morning, when coupled with the failure to ledger of Florencio REYES indicated that his account FACTS
show any effort on the part of Phoenix to supervise the had only a balance of P4,078.43, it was dishonored and -On February 28, 1988 at about 1:00 A.M., Fulgencio
manner in which the dump truck is parked when away the payee was advised to try it for next clearing. Dacara, Jr., owner of ’87 Toyota Corolla 4-door Sedan,
from company premises, is an affirmative showing of - It was redeposited but was again dishonored. The while driving the said vehicle, rammed into a pile of
culpa in vigilando on the part of Phoenix. same thing happened to the Oct.12 check. The payee earth/street diggings found at Matahimik St., Quezon
then demanded a cash payment of the check’s face City, which was then being repaired by the Quezon City
7. YES. Taking into account the comparative value which REYES did if only to save his name. government.
negligence ot DIONISIO and the petitioners, the - Furious, he immediately proceeded to the bank and -As a result, Dacara, Jr. allegedly sustained bodily
demands of substantial justice are satisfied by urged an immediate verification of his account. That injuries and the vehicle suffered extensive damage for
allocating most of the damages on a 20-80 ratio. was only when they noticed the error. it turned turtle when it hit the pile of earth.
As to the other awards of damages, sustain. RTC: ordered petitioner to pay P200T compensatory -Indemnification was sought from the city government,
20% of the damages awarded by the respondent damages, P100T moral damages, P25T attorney’s fees, which however, yielded negative results.
appellate court, except the award of P10,000.00 as as well as costs of suit. -Fulgencio P. Dacara, for and in behalf of his minor son,
exemplary damages and P4,500.00 as attorney's fees CA: modified amount to just P50T moral damages and filed a Complaint for damages against Quezon City and
and costs, shall be home by private respondent P25T attorney’s fees and costs of suit. Engr. Ramir Tiamzon.
Dionisio; only the balance of 800% needs to be paid by -Defendants admitted the occurrence of the incident
petitioners Carbonel and Phoenix who shall be solidarily ISSUE but alleged that the subject diggings was provided with
liable therefor to the former. The award of WON Art.21798 of NCC is applicable a mound of soil and barricaded with reflectorized traffic
exemplary damages and attorney's fees and paint with sticks placed before or after it which was
costs shall be home exclusively by the HELD visible during the incident.
petitioners. Phoenix is of course entitled to -In short, defendants claimed that they exercised due
reimbursement from Carbonel. 8 care by providing the area of the diggings all necessary
Art. 2179. When the plaintiff's own negligence was the immediate and measures to avoid accident, and that the reason why
proximate cause of his injury, he cannot recover damages. But if his
Disposition. WHEREFORE, the decision of the negligence was only contributory, the immediate and proximate cause of
Fulgencio Dacara, Jr. fell into the diggings was precisely
respondent appellate court is modified by reducing the the injury being the defendant's lack of due care, the plaintiff may recover
damages, but the courts shall mitigate the damages to be awarded.
torts & damages A2010 - 61 - prof. casis
because of the latter’s negligence and failure to sufficient and adequate precautionary signs were -In the present case, the Complaint alleged that
exercise due care. placed. If indeed signs were placed thereat, how then respondent’s son Fulgencio Jr. sustained physical
-RTC ruled in favor of Dacara, ordering the defendants could it be explained that according to the report even injuries.
to indemnify the plaintiff the sum of twenty thousand of the policeman, none was found at the scene of the -It is apparent from the Decisions of the trial and the
pesos as actual/compensatory damages, P10,000.00 as accident. appellate courts, however, that no other evidence (such
moral damages, P5,000.00 as exemplary damages, -“The provisions of Article 21899 of the New Civil Code as a medical certificate or proof of medical expenses)
P10,000.00 as attorney’s fees and other costs of suit. capsulizes the responsibility of the city government was presented to prove Fulgencio Jr.’s bare assertion of
-Upon appeal, CA agreed with the RTC’s finding that relative to the maintenance of roads and bridges since physical injury. Thus, there was no credible proof that
petitioners’ negligence was the proximate cause of the it exercises the control and supervision over the same. would justify an award of moral damages based on
damage suffered by respondent. Failure of the defendant to comply with the statutory Article 2219(2) of the Civil Code.
-Hence, this Petition provision is tantamount to negligence which renders -Moral damages are not punitive in nature, but are
the City government liable designed to compensate and alleviate in some way the
ISSUES -Petitioners belatedly point out that Fulgencio Jr. was physical suffering, mental anguish, fright, serious
1. WON petitioner’s negligence is the driving at the speed of 60 kilometers per hour (kph) anxiety, besmirched reputation, wounded feelings,
proximate cause of the incident when he met the accident. This speed was allegedly moral shock, social humiliation, and similar injury
2. WON moral damages are recoverable well above the maximum limit of 30 kph allowed on unjustly inflicted on a person.
3. WON exemplary damages and attorney’s “city streets with light traffic,” as provided under the -Well-settled is the rule that moral damages cannot be
fees are recoverable Land Transportation and Traffic Code Thus, petitioners awarded in the absence of proof of physical suffering,
assert that Fulgencio Jr., having violated a traffic mental anguish, fright, serious anxiety, besmirched
HELD regulation, should be presumed negligent pursuant to reputation, wounded feelings, moral shock, social
1. Yes. Article 2185 of the Civil Code. humiliation, or similar injury. The award of moral
-Proximate cause is defined as any cause that -These matters were, however, not raised by damages must be solidly anchored on a definite
produces injury in a natural and continuous petitioners at any time during the trial. It is evident showing that respondent actually experienced
sequence, unbroken by any efficient intervening from the records that they brought up for the first time emotional and mental sufferings.
cause, such that the result would not have in their Motion for Reconsideration. 3. Yes.
occurred otherwise. Proximate cause is -It is too late in the day for them to raise this new -Exemplary damages cannot be recovered as a matter
determined from the facts of each case, upon a issue. To consider their belatedly raised arguments at of right; they can be awarded only after claimants have
combined consideration of logic, common sense, this stage of the proceedings would trample on the shown their entitlement to moral, temperate or
policy and precedent. basic principles of fair play, justice, and due process. compensatory damages.
-What really caused the subject vehicle to turn turtle is -Indeed, both the trial and the appellate courts’ -In the case before us, respondent sufficiently proved
a factual issue that this Court cannot pass upon, absent findings, which are amply substantiated by the before the courts a quo that petitioners’ negligence
any whimsical or capricious exercise of judgment by evidence on record, clearly point to petitioners’ was the proximate cause of the incident, thereby
the lower courts or an ample showing that they lacked negligence as the proximate cause of the damages establishing his right to actual or compensatory
any basis for their conclusions. suffered by respondent’s car. No adequate reason has damages. He has adduced adequate proof to justify his
-The unanimity of the CA and the trial court in their been given to overturn this factual conclusion. claim for the damages caused his car.
factual ascertainment that petitioners’ negligence was 2. No. -Article 2231 of the Civil Code mandates that in cases
the proximate cause of the accident bars us from -To award moral damages, a court must be satisfied of quasi-delicts, exemplary damages may be recovered
supplanting their findings and substituting these with with proof of the following requisites: (1) an injury-- if the defendant acted with gross negligence.
our own. whether physical, mental, or psychological--clearly -Gross negligence means such utter want of care as to
-That the negligence of petitioners was the proximate sustained by the claimant; (2) a culpable act or raise a presumption that the persons at fault must have
cause of the accident was aptly discussed in the lower omission factually established; (3) a wrongful act or been conscious of the probable consequences of their
court’s finding: omission of the defendant as the proximate cause of carelessness, and that they must have nevertheless
“Facts obtaining in this case are crystal clear that the the injury sustained by the claimant; and (4) the award been indifferent (or worse) to the danger of injury to
accident of February 28, 1988 which caused almost the of damages predicated on any of the cases stated in the person or property of others. The negligence must
life and limb of Fulgencio Dacara, Jr. when his car Article 2219. amount to a reckless disregard for the safety of persons
turned turtle was the existence of a pile of earth from a -Article 2219(2) specifically allows moral damages to be or property.
digging done relative to the base failure at Matahimik recovered for quasi-delicts, provided that the act or -Such a circumstance obtains in the instant case.
Street nary a lighting device or a reflectorized omission caused physical injuries. There can be no -The facts of the case show a complete disregard by
barricade or sign perhaps which could have served as recovery of moral damages unless the quasi-delict petitioners of any adverse consequence of their failure
an adequate warning to motorists especially during the resulted in physical injury. to install even a single warning device at the area
thick of the night where darkness is pervasive. Contrary under renovation.
to the testimony of the witnesses for the defense that -Article 2229 of the Civil Code provides that exemplary
there were signs, gasera which was buried so that its 9
. Provinces, cities and municipalities shall be liable for damages for the damages may be imposed by way of example or
light could not be blown off by the wind and barricade, death of, or injuries suffered by, any person by reason of the defective correction for the public good. The award of these
none was ever presented to stress the point that condition of roads, streets, bridges, public buildings, and other public
works under their control or supervision.
torts & damages A2010 - 62 - prof. casis
damages is meant to be a deterrent to socially This action was brought by Consolacion wound in Javier's palm which could have been infected
deleterious actions. Gabeto, in her own right as widow of Proceso Gayetano, by tetanus.
and as guardian ad litem of the three children, Conchita On November 15, 1980 Javier died in the hospital.
Dispositive Gayetano, Rosita Gayetano, and Fermin Gayetano, for
The Decision of the Court of Appeals is affirmed, with the purpose of recovering damages incurred by the Appellant’s claim:
the modification that the award of moral damages is plaintiff as a result of the death of the said Proceso -there was an efficient cause which supervened from
deleted. Gayetano, supposedly caused by the wrongful act of the time the deceased was wounded to the time of his
the defendant Agaton Araneta. death
GABETO V. ARANETA Judge awarded damages to the widow to which -the proximate cause of the victim's death was due to
decision Araneta appealed. his own negligence in going back to work without his
42 Phil 252. October 17, 1921 Street
wound being properly healed, and lately, that he went
Issue: WON the stopping of the rig by Agaton Araneta to catch fish in dirty irrigation canals in the first week of
Facts: in the middle of the street was too remote from the November, 1980
Basilio Ilano and Proceso Gayetano took a accident that presently ensued to be considered the - Javier got infected with tetanus when after two weeks
carromata near Plaza Gay, in the City of Iloilo, with a legal or proximate cause thereof he returned to his farm and tended his tobacco plants
view to going to a cockpit on Calle Ledesma in the with his bare hands exposing the wound to harmful
same City. When the driver of the carromata had Held: NO. The evidence indicates that the bridle was elements like tetanus germs.
turned his horse and started in the direction indicated, old, and the leather of which it was made was probably
the defendant, Agaton Araneta, stepped out into the so weak as to be easily broken. it was Julio who jerked ISSUE:
street, and laying his hands on the reins, stopped the the rein, thereby causing the bit to come out of the WON there was an efficient intervening cause from the
horse, at the same time protesting to the driver that he horse's mouth; and Julio, after alighting, led the horse time Javier was wounded until his death which would
himself had called this carromata first. The driver, one over to the curb, and proceeded to fix the bridle; and exculpate Urbano from any liability for Javier's death
Julio Pagnaya, replied to the effect that he had not that in so doing the bridle was slipped entirely off,
heard or seen the call of Araneta, and that he had when the horse, feeling himself free from control, HELD:
taken up the two passengers then in the carromata as started to go away. Yes. The medical findings lead us to a distinct
the first who had offered employment. At or about the possibility that the infection of the wound by tetanus
same time Pagnaya pulled on the reins of the bridle to Disposition: Judgment is REVERSED. was an efficient intervening cause later or between the
free the horse from the control of Agaton Araneta, in time Javier was wounded to the time of his death. The
order that the vehicle might pass on. Owing, however, URBANO V IAC (PEOPLE OF THE infection was, therefore, distinct and foreign to the
to the looseness of the bridle on the horse's head or to crime.
the rottenness of the material of which it was made, PHILIPPINES)
Reasoning:
the bit came out of the horse's mouth; and it became 157 SCRA 1 -The case involves the application of Article 410 of the
necessary for the driver to get out, which he did, in GUTIERREZ; January 7, 1988 Revised Penal Code.
order to fix the bridle. The horse was then pulled over -The evidence on record does not clearly show that the
to near the curb, by one or the other — it makes no Nature : This is a petition to review the decision of the wound inflicted by Urbano was infected with tetanus at
difference which — and Pagnaya tried to fix the bridle. then Intermediate Appellate Court the time of the infliction of the wound. The evidence
While he was thus engaged, the horse, being Facts:When Filomeno Urbano found the place where merely confirms that the wound, which was already
free from the control of the bit, became disturbed and he stored his palay flooded with water coming from the healing at the time Javier suffered the symptoms of the
moved forward, in doing which he pulled one of the irrigation canal nearby which had overflowed he went fatal ailment, somehow got infected with tetanus
wheels of the carromata up on the sidewalk and pushed to see what happened and there he saw Marcelo Javier However, as to when the wound was infected is not
Julio Pagnaya over. After going a few yards further the admitted that he was the one responsible for what clear from the record.
side of the carromata struck a police telephone box happened. Urbano then got angry and demanded that -In Vda. de Bataclan, et al. v. Medina (102 Phil. 1181),
which was fixed to a post on the sidewalk, upon which Javier pay for his soaked palay. A quarrel between them we adopted the following definition of proximate cause:
the box came down with a crash and frightened the ensued. Urbano hacked Javier hitting him on the right "x x x A satisfactory definition of proximate cause is
horse to such an extent that he set out at full speed up palm of his hand . Javier who was then unarmed ran found in Volume 38, pages 695-696 of American
the street. away from Urbano but was overtaken by Urbano who Jurisprudence, cited by plaintiffsappellants in their brief.
Meanwhile one of the passengers, to wit. hacked him again hitting Javier on the left leg with the It is as follows:
Basilio Ilano, had alighted while the carromata was as back portion of said bolo, causing a swelling on said "x x x 'that cause, which, in natural and continuous
yet alongside the sidewalk; but the other, Proceso leg. sequence, unbroken by any efficient intervening cause,
Gayetano, had unfortunately retained his seat, and On November 14,1980, Javier was rushed to the produces the injury, and without which the result would
after the runaway horse had proceeded up the street to Nazareth General Hospital in a very serious condition.
a point in front of the Mission Hospital, the said Javier had lockjaw and was having convulsions. Dr. 10
Art. 4. Criminal liability shall be incurred: (1) By any person committing
Gayetano jumped or fell from the rig, and in so doing Edmundo Exconde who personally attended to Javier a felony (delito) although the wrongful act done be different from that
received injuries from which he soon died. found that the latter's serious condition was caused by which he intended x x x." Pursuant to this provision "an accused is
tetanus toxin. He noticed the presence of a healing criminally responsible for acts committed by him in violation of law and for
all the natural and logical consequences resulting therefrom
torts & damages A2010 - 63 - prof. casis
not have occurred.' And more comprehensively, the "'A prior and remote cause cannot be made the basis of the vessel did not slacken. A commotion ensued
proximate legal cause is that acting first and producing an action if such remote cause did nothing more than between the crew members. A brief conference ensued
the injury, either immediately or by setting other furnish the condition or give rise to the occasion by between Kavankov and the crew members. When
events in motion, all constituting a natural and which the injury was made possible, if there intervened Gavino inquired what was all the commotion about,
continuous chain of events, each having a close causal between such prior or remote cause and the injury a Kavankov assured Gavino that there was nothing to it.
connection with its immediate predecessor, the final distinct, successive, unrelated, and efficient cause of - After Gavino noticed that the anchor did not take hold,
event in the chain immediately effecting the injury as a the injury, even though such injury would not have he ordered the engines half-astern. Abellana, who was
natural and probable result of the cause which first happened but for such condition or occasion. If no then on the pier apron noticed that the vessel was
acted, under such circumstances that the person danger existed in the condition except because of the approaching the pier fast. Kavankov likewise noticed
responsible for the first event should, as an ordinarily independent cause, such condition was not the that the anchor did not take hold. Gavino thereafter
prudent and intelligent person, have reasonable ground proximate cause. And if an independent negligent act gave the "full-astern" code. Before the right anchor and
to expect at the moment of his act or default that an or defective condition sets into operation the additional shackles could be dropped, the bow of the
injury to some person might probably result therefrom.' circumstances, which result in injury because of the vessel rammed into the apron of the pier causing
(at pp. 185-186) prior defective condition, such subsequent act or considerable damage to the pier. The vessel sustained
-The court looked into the nature of tetanus to condition is the proximate cause. '(45 C.J. pp. 931- damage too. Kavankov filed his sea protest. Gavino
determine the cause 932)." (at p. 125) submitted his report to the Chief Pilot who referred the
-Medically speaking, the reaction to tetanus found report to the Philippine Ports Authority. Abellana
inside a man's body depends on the incubation period FAR EAST SHIPPING CO V CA (PPA) likewise submitted his report of the incident.
of the disease. - The rehabilitation of the damaged pier cost the
297 SCRA 30
- Javier suffered a 2-inch incised wound on his right Philippine Ports Authority the amount of P1,126,132.25.
palm when he parried the bolo which Urbano used in REGALADO; October 1, 1998 PERTINENT RULES on PILOTAGE
hacking him. This incident took place on October 23, - The Port of Manila is within the Manila Pilotage District
1980. After 22 days, or on November 14, 1980, he NATURE which is under compulsory pilotage pursuant to Section
suffered the symptoms of tetanus, like lockjaw and Review on certiorari the CA decision affirming TC 8, Article III of Philippine Ports Authority Administrative
muscle spasms. The following day, November 15, 1980, decision holding FESC and Gavino solidarily liable Order No. 03-85:
he died. SEC. 8. Compulsory Pilotage Service. — For
If,therefore,the wound of Javier inflicted by the FACTS entering a harbor and anchoring thereat, or passing
appellant was already infected by tetanus germs at the - On June 20, 1980, the M/V PAVLODAR, flying under through rivers or straits within a pilotage district, as
time, it is more medically probable that Javier should the flagship of the USSR, owned and operated by the well as docking and undocking at any pier/wharf, or
have been infected with only a mild cause of tetanus Far Eastern Shipping Company (FESC), arrived at the shifting from one berth or another, every vessel
because the symptoms of tetanus appeared on the Port of Manila from Vancouver, British Columbia at engaged in coastwise and foreign trade shall be
22nd day after the hacking incident or more than 14 about 7:00 o'clock in the morning. The vessel was under compulsory pilotage.
days after the infliction of the wound. assigned Berth 4 of the Manila International Port, as its - In case of compulsory pilotage, the respective duties
-Therefore, the onset time should have been more than berthing space. Captain Roberto Abellana was tasked and responsibilities of the compulsory pilot and the
six days. Javier, however, died on the second day from by the Philippine Port Authority to supervise the master have been specified by the same regulation:
the onset time. The more credible conclusion is that at berthing of the vessel. Appellant Senen Gavino was SEC. 11. Control of vessels and liability for
the time Javier's wound was inflicted by the appellant, assigned by the Appellant Manila Pilots' Association damage. — On compulsory pilotage grounds, the
the severe form of tetanus that killed him was not yet (MPA) to conduct docking maneuvers for the safe Harbor Pilot providing the service to a vessel shall be
present. Consequently, Javier's wound could have been berthing of the vessel to Berth No. 4. responsible for the damage caused to a vessel or to
infected with tetanus after the hacking incident. - Gavino boarded the vessel at the quarantine life and property at ports due to his negligence or
Considering the circumstance surrounding Javier's anchorage and stationed himself in the bridge, with the fault. He can only be absolved from liability if the
death, his wound could have been infected by tetanus master of the vessel, Victor Kavankov, beside him. accident is caused by force majeure or natural
2 or 3 or a few but not 20 to 22 days before he died. After a briefing of Gavino by Kavankov of the calamities provided he has exercised prudence and
The medical findings lead us to a distinct possibility particulars of the vessel and its cargo, the vessel lifted extra diligence to prevent or minimize damage.
that the infection of the wound by tetanus was an anchor from the quarantine anchorage and proceeded The Master shall retain overall command of the
efficient intervening cause later or between the time to the Manila International Port. The sea was calm and vessel even on pilotage grounds whereby he can
Javier was wounded to the time of his death. The the wind was ideal for docking maneuvers. countermand or overrule the order or command of
infection was, therefore, distinct and foreign to the - When the vessel reached the landmark (the big the Harbor Pilot on board. In such event, any damage
crime. church by the Tondo North Harbor) one-half mile from caused to a vessel or to life and property at ports by
The rule is that the death of the victim must be the the pier, Gavino ordered the engine stopped. When the reason of the fault or negligence of the Master shall
direct, natural, and logical consequence of the wounds vessel was already about 2,000 feet from the pier, be the responsibility and liability of the registered
inflicted upon him by the accused. (People v. Cardenas, Gavino ordered the anchor dropped. Kavankov relayed owner of the vessel concerned without prejudice to
supra) the orders to the crew of the vessel on the bow. The recourse against said Master
As we ruled in Manila Electric Co. v. Remaquillo, et al. left anchor, with 2 shackles, were dropped. However, Such liability of the owner or Master of the vessel
(99 Phil. 118). the anchor did not take hold as expected. The speed of or its pilots shall be determined by competent
torts & damages A2010 - 64 - prof. casis
authority in appropriate proceedings in the light of deems there is danger to the vessel because of the Disposition Petition denied. CA affirmed. Capt. Gavino
the facts and circumstances of each particular case. incompetence of the pilot or if the pilot is drunk. and FESC are solidarily liable.
SEC. 32. Duties and responsibilities of the Pilot or - Based on Capt. Kavankov’s testimony, he never
Pilots' Association. — The duties and responsibilities sensed the any danger even when the anchor didn’t
SABIDO AND LAGUNDA V CUSTODIO, ET
of the Harbor Pilot shall be as follows: hold and they were approaching the dock too fast. He
xxx xxx xxx blindly trusted the pilot. This is negligence on his part. AL
f) a pilot shall be held responsible for the direction He was right beside the pilot during the docking, so he 17 SCRA 1088
of a vessel from the time he assumes his work as a could see and hear everything that the pilot was seeing CONCEPCION; August 31, 1966
pilot thereof until he leaves it anchored or berthed and hearing.
safely; Provided, however, that his responsibility shall - The master’s negligence translates to NATURE
cease at the moment the Master neglects or refuses unseaworthiness of the vessel, and in turn means Petition for review by certiorari of a decision of the
to carry out his order. negligence on the part of FESC. Court of Appeals
- Customs Administrative Order No. 15-65 issued CONCURRENT TORTFEASORS
twenty years earlier likewise provided in Chapter I - As a general rule, that negligence in order to render a FACTS
thereof for the responsibilities of pilots: person liable need not be the sole cause of an injury. It In Barrio Halang, , two trucks, one driven by Mudales
Par. XXXIX. — A Pilot shall be held responsible for is sufficient that his negligence, concurring with one or and belonging to Laguna-Tayabas Bus Company, and
the direction of a vessel from the time he assumes more efficient causes other than plaintiff's, is the the other driven by Lagunda and owned by Prospero
control thereof until he leaves it anchored free from proximate cause of the injury. Accordingly, where Sabido, going in opposite directions met each other in a
shoal; Provided, That his responsibility shall cease at several causes combine to produce injuries, person is road curve. Custodia, LTB bus passenger who was
the moment the master neglects or refuses to carry not relieved from liability because he is responsible for riding on the running board as truck was full of
out his instructions. only one of them, it being sufficient that the negligence passengers, was sideswiped by the truck driven by
xxx xxx xxx of the person charged with injury is an efficient cause Lagunda. As a result, Custodio was injured and died.
Par. XLIV. — Pilots shall properly and safely secure without which the injury would not have resulted to as
or anchor vessels under their control when requested great an extent, and that such cause is not attributable To avoid any liability, Lagunda and Sabido throw all the
to do so by the master of such vessels. to the person injured. It is no defense to one of the blame on Mudales. However, Makabuhay, widoy of
concurrent tortfeasors that the injury would not have Custodio, testified that the 6 x 6 truck was running fast
ISSUE resulted from his negligence alone, without the when it met the LTB Bus. And Lagunda had time and
WON both the pilot and the master were negligent negligence or wrongful acts of the other concurrent opportunity to avoid the mishap if he had been
tortfeasor. Where several causes producing an injury sufficiently careful and cautious because the two trucks
HELD are concurrent and each is an efficient cause without never collided with each other. By simply swerving to
YES. which the injury would not have happened, the injury the right side of the road, the 6 x 6 truck could have
- The SC started by saying that in a collision between a may be attributed to all or any of the causes and avoided hitting Custodio.
stationary object and a moving object, there is a recovery may be had against any or all of the
presumption of fault against the moving object (based responsible persons although under the circumstances The sideswiping of the deceased and his two fellow
on common sense and logic). It then went on to of the case, it may appear that one of them was more passengers took place on broad daylight at about 9:30
determine who between the pilot and the master was culpable, and that the duty owed by them to the injured in the morning of June 9, 1955 when the LTB bus with
negligent. person was not the same. No actor's negligence ceases full load to passengers was negotiating a sharp curve of
PILOT to be a proximate cause merely because it does not a bumpy and sliding downward a slope, whereas the six
- A pilot, in maritime law, is a person duly qualified, and exceed the negligence of other actors. Each wrongdoer by six truck was climbing up with no cargoes or
licensed, to conduct a vessel into or out of ports, or in is responsible for the entire result and is liable as passengers on board but for three helpers, owner
certain waters. He is an expert who’s supposed to know though his acts were the sole cause of the injury. Sabido and driver Lagunda (tsn. 308-309, Mendoza).
the seabed, etc. that a master of a ship may not know - There is no contribution between joint tortfeasors LTB passengers had testified to the effect that the 6 x 6
because the pilot is familiar with the port. He is charged whose liability is solidary since both of them are liable cargo truck was running at a fast rate of speed. Driver
to perform his duties with extraordinary care because for the total damage. Where the concurrent or Lagunda admitted that three passengers rode on the
the safety of people and property on the vessel and on successive negligent acts or omissions of two or more running board of the bus when his vehicle was still at a
the dock are at stake. persons, although acting independently, are in distance of 5 or 7 meters from the bus. Despite the
- Capt. Gavino was found to be negligent. The court combination the direct and proximate cause of a single presence of a shallow canal on the right side of the
found that his reaction time (4 minutes) to the anchor injury to a third person, it is impossible to determine in road which he could pass over with ease, Lagunda did
not holding ground and the vessel still going too fast what proportion each contributed to the injury and not avert the accident simply because to use his own
was too slow. As an expert he should’ve been reacting either of them is responsible for the whole injury. language the canal "is not a passage of trucks.
quickly to any such happenings. Where their concurring negligence resulted in injury or
MASTER damage to a third party, they become joint tortfeasors Based upon these facts, the Court of First Instance of
- In compulsory pilotage, the pilot momentarily and are solidarily liable for the resulting damage under Laguna and the Court of Appeals concluded that the
becomes the master of the vessel. The master, Article 2194 of the Civil Code. Laguna-Tayabas Bus Co. — hereinafter referred to as
however may intervene or countermand the pilot if he the carrier — and its driver Mudales (none of whom has
torts & damages A2010 - 65 - prof. casis
appealed), had violated the contract of carriage with direct and proximate cause of a single injury to a third ISSUES
Agripino Custodio, whereas petitioners Sabido and person, and it is impossible to determine in what 1. WON there was negligence on the part of the
Lagunda were guilty of a quasi delict, by reason of proportion each contributed to the injury, either is defendant, through his agent, the driver Saylon, thus
which all of them were held solidarity liable. responsible for the whole injury, even though his act making him liable.
alone might not have caused the entire injury, or the 2. WON the the proximate cause of the death of
ISSUES same damage might have resulted from the acts of the Bataclan was not the overturning of the bus, but rather,
1. WON petitioners were guilty of negligence other tort-feasor. the fire that burned the bus.
2. WON petitioners should be held solidarily liable with
the carrier and its driver Dispositive Judgment affirmed. HELD
1. NO.
HELD VDA. DE BATACLAN VS. MEDINA Ratio There is evidence to show that at the time of the
1. YES. The views of the Court of Appeals on the speed blow out, the bus was speeding, as testified to by one
of the truck and its location at the time of the accident 102 PHIL 181 of the passengers, and as shown by the fact that
are in the nature of findings of fact, which we cannot MONTEMAYOR; October 22, 1957 according to the testimony of the witnesses, including
disturb in a petition for review by certiorari, such as the that of the defense, from the point where one of the
one at bar. At any rate, the correctness of said findings NATURE front tires burst up to the canal where the bus
is borne out by the very testimony of petitioner Appeal from the decision of the CFI of Cavite overturned after zig-zaging, there was a distance of
Lagunda to the effect that he saw the passengers riding about 150 meters. The chauffeur, after the blow-out,
on the running board of the bus while the same was FACTS must have applied the brakes in order to stop the bus,
still five or seven meters away from the truck driven by - Shortly after midnight, a bus of the Medina but because of the velocity at which the bus must have
him. Indeed, the distance between the two vehicles was Transportation, operated by its owner defendant been running, its momentum carried it over a distance
such that he could have avoided sideswiping said Mariano Medina under a certificate of public of 150 meters before it fell into the canal and turned
passengers if his truck were not running at a great convenience, left the town of Amadeo, Cavite, on its turtle.
speed. way to Pasay City, driven by its regular chauffeur, Reasoning Our new Civil Code amply provides for the
Conrado Saylon. There were about 18 passengers, responsibility of common carrier to its passengers and
Although the negligence of the carrier and its driver is including the driver and conductor. their goods.11
independent, in its execution, of the negligence of the - At about 2am, while the bus was running within the 2. YES
truck driver and its owner, both acts of negligence are jurisdiction of Imus, Cavite, one of the front tires burst Ratio Tthe proximate legal cause is that acting first
the proximate cause of the death of Agripino Custodio. and the vehicle began to zig-zag until it fell into a canal and producing the injury, either immediately or by
In fact, the negligence of the first two would not have or ditch on the right side of the road and turned turtle. setting other events in motion, all constituting a natural
produced this result without the negligence of - the three passengers Bataclan, Lara and the Visayan and continuous chain of events, each having a close
petitioners' herein. What is more, petitioners' and the woman behind them named Natalia Villanueva, causal connection with its immediate predecessor, the
negligence was the last, in point of time, for Custodio could not get out of the overturned bus. final event in the chain immediately effecting the injury
was on the running board of the carrier's bus sometime - Some of the passengers, after they had clambered up as a natural and probable result of the cause which first
before petitioners' truck came from the opposite to the road, heard groans and moans from inside the acted, under such circumstances that the person
direction, so that, in this sense, petitioners' truck had bus. Calls or shouts for help were made to the houses responsible for the first event should, as an ordinary
the last clear chance. in the neighborhood. After half an hour, came about ten prudent and intelligent person, have reasonable ground
men, one of them carrying a lighted torch made of to expect at the moment of his act or default that an
2. YES. Where the carrier bus and its driver were clearly bamboo with a wick on one end, evidently fueled with injury to some person might probably result therefrom.
guilty of contributory negligence for having allowed a petroleum. These men presumably approach the Reasoning under the circumstances obtaining in the
passenger to ride on the running board of the bus, and overturned bus, and almost immediately, a fierce fire case, we do not hesitate to hold that the proximate
where the driver of the other vehicle was also guilty of started, burning and all but consuming the bus, cause was the overturning of the bus, this for the
contributory negligence, because that vehicle was including the 4 passengers trapped inside it. It would reason that when the vehicle turned not only on its side
running at a considerable speed despite the fact that it appear that as the bus overturned, gasoline began to but completely on its back, the leaking of the gasoline
was negotiating a sharp curve, and, instead of being leak and escape from the gasoline tank. from the tank was not unnatural or unexpected; that
close to its right side of the road, it was driven on its - That same day, the charred bodies of the four deemed the coming of the men with a lighted torch was in
middle portion thereof and so near the passenger bus passengers inside the bus were removed and duly response to the call for help, made not only by the
coming from the opposite as to sideswipe a passenger identified that of Bataclan. His widow, Salud Villanueva passengers, but most probably, by the driver and the
on its running board, the owners of the two vehicles are brought the present suit to recover from Mariano conductor themselves, and that because it was dark
liable solidarily for the death of the passenger, although Medina compensatory, moral, and exemplary damages (about 2:30 in the morning), the rescuers had to carry a
the liability of one arises from a breach of contract, and attorney's fees in the total amount of P87,150. light with them, and coming as they did from a rural
whereas that of the other springs from a quasi-delict. - the CFI awarded P1,000 plus P600 as attorney's fee,
Where the concurrent or successive negligent acts or 11
plus P100, the value of the merchandise being carried ART. 1733
omission of two or more persons, although acting by Bataclan ART. 1755
independently of each other, are, in combination, the ART. 1759
ART. 1763
torts & damages A2010 - 66 - prof. casis
area where lanterns and flashlights were not available; - This case is for recovery of damages for the 3 jeepney - On the other hand, spouses Mangune and Carreon
and what was more natural than that said rescuers passengers who died as a result of the collision filed a cross-claim for the repair of the jeepney and for
should innocently approach the vehicle to extend the between the Phil. Rabbit’s bus driven by Tomas delos its non-use during the period of repairs.
aid and effect the rescue requested from them. Neither Reyes and the jeepney driven by Tranquilino Manalo. - TC: found the couple and Manalo to be NEGLIGENT
the driver nor the conductor would appear to have - Other passengers of the jeepney sustained physical and held that there was a breach of the contract of
cautioned or taken steps to warn the rescuers not to injuries. carriage with their passengers; ordered them to pay
bring the lighted torch too near the bus. - It was said that upon reaching a certain barrio, the the damages. Filriters was jointly and severally liable as
- According to the evidence, one of the passengers jeepney’s right rear wheel detached which caused it to it was the jeepney’s insurer. Rabbit was to be paid by
who, because of the injuries suffered by her, was run in an unbalanced position. the jeepney party for actual damages.
hospitalized, and while in the hospital, she was visited -Manalo stepped on the brake, as a result of which, the - IAC reversed this ruling in the sense that it found
by the defendant Mariano Medina, and in the course of jeepney which was then running on the eastern lane delos Reyes to be negligent; ordered to pay jointly and
his visit, she overheard him speaking to one of his bus (its right of way) made a U-turn, invading and severally with Rabbit the plaintiffs; Applied primarily (1)
inspectors, telling said inspector to have the tires of the eventually stopping on the western lane of the road in the doctrine of last clear chance, (2) the presumption
bus changed immediately because they were already such a manner that the jeepney's front faced the south that drivers who bump the rear of another vehicle
old, and that as a matter of fact, he had been telling (from where it came) and its rear faced the north guilty and the cause of the accident unless contradicted
the driver to change the said tires, but that the driver (towards where it was going). by other evidence, and (3) the substantial factor test to
did not follow his instructions. If this be true, it goes to -The jeepney practically occupied and blocked the conclude that delos Reyes was negligent.
prove that the driver had not been diligent and had not greater portion of the western lane, which is the right of ISSUE: WON THE JEEPNEY OWNERS AND ITS DRIVER
taken the necessary precautions to insure the safety of way of vehicles coming from the north, among which ARE LIABLE FOR THE INJURIES AND DEATH SUFFERED
his passengers was Bus No. 753 of Rabbit BY THE PASSENGERS OF THE JEEPNEY
- The trial court was of the opinion that the proximate - Almost at the time when the jeepney made a sudden
cause of the death of Bataclan was not the overturning U-turn and encroached on the western lane of the HELD: YES. BUT ONLY THE SPOUSES AND FILRITERS
of the bus, but rather, the fire that burned the bus, highway, or after stopping for a couple of minutes, the ARE LIABLE.
including himself and his co-passengers who were bus bumped from behind the right rear portion of the
unable to leave it; that at the time the fire started, jeepney which resulted in the said deaths and injuries. REASONING:
Bataclan, though he must have suffered physical - At the time and in the vicinity of the accident, there TC WAS CORRECT IN APPRECIATING THE FF FACTS
injuries, perhaps serious, was still alive, and so were no vehicles following the jeepney, neither were CONCERNING MANALO’S NEGLIGENCE.
damages were awarded, not for his death, but for the there oncoming vehicles except the bus. The weather (1) That the unrebutted testimony of his passenger
physical injuries suffered by him. condition of that day was fair. Caridad Pascua that the Mangune jeepney was "running
- In the public interest the prosecution of said erring - A criminal complaint against the two drivers for fast" that his passengers cautioned driver Manalo to
driver should be pursued, this, not only as a matter of Multiple Homicide. slow down but did not heed the warning
justice, but for the promotion of the safety of - Manalo was eventually convicted and was imprisoned. (2) The likewise unrebutted testimony of Police
passengers on public utility buses. The case against delos Reyes was dismissed for lack of Investigator Tacpal of the San Manuel (Tarlac) Police
Note: This case was under the heading “but for”. sufficient evidence. who found that the tracks of the jeepney ran on the
I don’t know if the italicized phrases are Eastern shoulder (outside the concrete paved road)
pertinent, but these were the only ones that ***As regards the damages. until it returned to the concrete road at a sharp angle,
contained “but for”. - Three cases were filed and in all 3 the spouses crossing the Eastern lane and the (imaginary) center
(owners of the jeepney) Mangune and Carreon, line and encroaching fully into the western lane where
(jeepney driver)Manalo, Rabbit and (Rabbit’s the collision took place as evidenced by the point of
DISPOSITION
driver)delos Reyes were all impleaded as defendants. impact;
In view of the foregoing, with the - Plaintiffs anchored their suits against spouses (3) The observation of witness Police Corporal Cacalda
modification that the damages awarded by Mangune and Carreon and Manalo on their contractual also of the San Manuel Police that the path of the
the trial court are increased to P6,000 and liability. jeepney they found on the road \was shown by skid
- As against Rabbit and delos Reyes, plaintiffs based marks which he described as "scratches on the road
P800, for the death of Bataclan and for the their suits on their culpability for a quasi-delict. caused by the iron of the jeep, after its wheel was
attorney's fees, respectively. - Filriters Guaranty Assurance Corporation, Inc. (the removed;"
insurer of the jeepney) was also impleaded as (4) His conviction for the crime of Multiple Homicide
PHILIPPINE RABBIT BUS LINES, INC v. additional defendant in the civil case filed by the and Multiple Serious Physical Injuries with Damage to
IAC & CASIANO PASCUA, ET AL., Pascuas. Property thru Reckless Imprudence by the CFI of Tarlac,
- Damages sought to be claimed in the 3 cases were for as a result of the collision, and his commitment to
189 SCRA 158 medical expenses, burial expenses, loss of wages, for prison and service of his sentence
MEDIALDEA/August 30, 1990 exemplary damages, moral damages and attorney's (5) The application of the doctrine of res-ipsa loquitar
fees and expenses of litigation. attesting to the circumstance that the collision occured
NATURE: CERTIORARI - Rabbit filed a cross-claim for attorney's fees and on the right of way of the Phil. Rabbit Bus.
FACTS: expenses of litigation. SC:
torts & damages A2010 - 67 - prof. casis
-The principle about "the last clear" chance would call distance in only 2.025 seconds. Verily, he had little time -the contract of carriage is between the carrier and the
for application in a suit between the owners and drivers to react to the situation. passenger, and in the event of contractual liability, the
of the two colliding vehicles. It does not arise where a - To require delos Reyes to avoid the collision is to ask carrier is exclusively responsible therefore to the
passenger demands responsibility from the carrier to too much from him. Aside from the time element passenger, even if such breach be due to the
enforce its contractual obligations. For it would be involved, there were no options available to him. negligence of his driver (Viluan v. CA, et al., April 29,
inequitable to exempt the negligent driver of the - Also, It was shown by the pictures that driver delos 1966, 16 SCRA 742).
jeepney and its owners on the ground that the other Reyes veered his Rabbit bus to the right attempt to - if the driver is to be held jointly and severally liable
driver was likewise guilty of negligence. (Anuran, et al. avoid hitting the Mangune's jeepney. That it was not with the carrier, that would make the carrier's liability
v. Buño et al.) successful in fully clearing the Mangune jeepney as its personal, contradictory to the explicit provision of A
(Rabbit's) left front hit said jeepney must have been 2181 of the NCC.
-On the presumption that drivers who bump the rear of due to limitations of space and time.
another vehicle guilty and the cause of the accident, - That delos Reyes of the Rabbit bus could also have DISPOSITION: TC’ S DECISION WAS REINSTATED and
unless contradicted by other evidence: would have swerved to its left (eastern lane) to avoid bumping the AFFIRMED BUT MODIFICATION THAT ONLY THE COUPLE
been correct were it not for the undisputed fact that the Mangune jeepney which was then on the western lane: AND THE FILRITERS GUARANTY ASSURANCE CORP. INC
U-turn made by the jeepney was abrupt. Delos Reyes Under such a situation, he would run the greater risk of WERE LIABLE. AFFIRMED TOO THE AMOUNT OF
could not have anticipated the sudden U-turn executed running smack in the Mangune jeepney either head on DAMAGES BUT MODIFIED THE INDEMNITY FOR LOSS OF
by Manalo. or broadside as the jeepney then was abruptly making LIFE FROM 3K (AS PER A1746 TO A2206 NCC) TO 30K.
a U-turn.
***With regard to the substantial factor test: -SC: The proximate cause of the accident was the PHOENIX CONSTRUCTION INC v IAC
- The IAC held that negligence of Manalo and spouses Mangune and
(DIONISIO)
“. . . It is the rule under the substantial factor Carreon. They all failed to exercise the
test that if the actor's conduct is a substantial precautions that are needed precisely pro hac 148 SCRA 353
factor in bringing about harm to another, the fact vice. FELICIANO; Mar 10, 1987
that the actor neither foresaw nor should have - In culpa contractual, the moment a passenger dies or
foreseen the extent of the harm or the manner in is injured, the carrier is presumed to have been at fault Nature:
which it occurred does not prevent him from or to have acted negligently, and this disputable Petition to review the decision of the IAC
being liable (Restatement, Torts, 2d). presumption may only be overcome by evidence that
Here, We find defendant bus running at a fast he had observed extra-ordinary diligence as prescribed Facts:
speed when the accident occurred and did not even in Articles 1733, 1755 and 1756 of the New Civil Code 2
make the slightest effort to avoid the accident, . . . . or that the death or injury of the passenger was due to - at about 1:30 am on November 15 1975, Leonardo
The bus driver's conduct is thus a substantial factor in a fortuitous event 3 (Lasam v. Smith, Jr., 45 Phil. 657). Dionisio was on his way home from a cocktails-and-
bringing about harm to the passengers of the jeepney, - To escape liability, defendants Mangune and Carreon dinner meeting with his boss. Dionisio had taken "a
not only because he was driving fast and did not even offered to show thru their witness Natalio Navarro, an shot or two" of liquor.
attempt to avoid the mishap but also because it was alleged mechanic, that he periodically checks and - Dionisio was driving his Volkswagen car and had just
the bus which was the physical force which brought maintains the jeepney of said defendants, the last on crossed an intersection when his car headlights (in
about the injury and death to the passengers of the Dec. 23, the day before the collision, which included his allegation) suddenly failed. He switched his
jeepney.” the tightening of the bolts. This notwithstanding the headlights on "bright" and saw a Ford dump truck
-The speed of the bus was even calculated by the IAC. right rear wheel of the vehicle was detached while in about 21/2meters away from his car.
But the SC was not convinced. It cannot be said that transit. As to the cause thereof no evidence was - The dump truck, owned by and registered in the
the bus was travelling at a fast speed when the offered. Said defendant did not even attempt to name of Phoenix Construction Inc. ("Phoenix"), was
accident occurred because the speed of 80 to 90 explain, much less establish, it to be one caused by a parked on the right hand side of the street (i.e., on
kilometers per hour, assuming such calculation to be caso fortuito. . . . the right hand side of a person facing in the same
correct, is yet within the speed limit allowed in -In any event, "[i]n an action for damages against the direction toward which Dionisio's car was
highways. carrier for his failure to safely carry his passenger to his proceeding), facing the oncoming traffic. It was
- Delos Reyes cannot be faulted for not having avoided destination, an accident caused either by defects in the parked askew (not parallel to the street curb) in such
the collision because as was shown, the jeepney left a automobile or through the negligence of its driver, is a manner as to stick out onto the street, partly
skid mark of about 45 meters, measured from the time not a caso fortuito which would avoid the carriers blocking the way of oncoming traffic. There were no
its right rear wheel was detached up to the point of liability for damages (Son v. Cebu Autobus Company, lights or any so-called "early warning" reflector
collision. 94 Phil. 892 citing Lasam, et al. v. Smith, Jr., 45 Phil. devices set anywhere near the dump truck, front or
- Delos Reyes admitted that he was running more or 657; Necesito, etc. v. Paras, et al., 104 Phil. 75). rear.
less 50 kph at the time of the accident. Using this - The dump truck had earlier that evening been driven
speed, delos Reyes covered the distance of 45 meters ***On the sole liability of the Jeepney Owners home by petitioner Armando U. Carbonel, its regular
in 3.24 seconds. If We adopt the speed of 80 kilometers (excluding Manalo) driver, with the permission of his employer Phoenix,
per hour, delos Reyes would have covered that in view of work scheduled to be carried out early the
following morning.
torts & damages A2010 - 68 - prof. casis
- Dionisio claimed that he tried to avoid a collision by concerned, in the sense of necessary NATURE
swerving his car to the left but it was too late and his antecedents which have played an important Review by certiorari of a CA decision
car smashed into the dump truck. part in producing the result, it is quite
- As a result of the collision, Dionisio suffered some impossible to distinguish between active FACTS
physical injuries including some permanent facial forces and passive situations, particularly - Efren Magno went to his stepbrother’s 3-story house
scars, a "nervous breakdown" and loss of two gold since, as is invariably the case the latter (is) to fix a leaking “media agua,” (downspout). He climbed
bridge dentures. the result of other active forces which have up to the media agua which was just below the 3 rd floor
- Trial court ruled in favor of Dionisio. IAC affirmed the gone before. The defendant who spills gasoline window and stood on it to receive a galvanized iron
lower court’s ruling, with modification on award of about the premises creates a "condition," but sheet through the said window. After grabbing hold of
damages. the act may be culpable because of the the sheet, he turned around and a portion of the iron
Petitioners’comments danger of fire. When a spark ignites the sheet he was holding came into contact with an electric
- the proximate cause of Dionisio's injuries was his own gasoline, the condition has done quite as wire of Manila Electric Company (the Company) strung
recklessness in driving fast at the time of the much to bring about the fire as the spark; and 2.5 ft parallel to the edge of the media agua,
accident, while under the influence of liquor, without since that is the very risk which the defendant electrocuting him and killing him.
his headlights on and without a curfew pass. has created, the defendant will not escape - His widow and children filed a suit to recover damages
- if there was negligence in the manner in which the responsibility. Even the lapse of a considerable
time during which the "condition" remains
from the company and the TC rendered judgment in
their favor. The Company appealed to the CA, which
dump truck was parked, that negligence was merely
static will not necessarily affect liability; one affirmed the judgment. It is this CA decision the
a "passive and static condition" and that private
who digs a trench in the highway may still be Company now seeks to appeal.
respondent Dionisio's recklessness constituted an
liable to another who falls into it a month
intervening, efficient cause determinative of the
afterward. "Cause" and "condition" still find ISSUE
accident and the injuries he sustained. (NOTE: this
occasional mention in the decisions; but the WON the Company’s negligence in the installation and
was the contention of petitioners which SC noted in is
distinction is now almost entirely discredited. maintenance of its wires was the proximate cause of
decision)
So far as it has any validity at all, it must refer the death
Private respondent’s comments
to the type of case where the forces set in
- the legal and proximate cause of his injuries was the
operation by the defendant have come to rest HELD
negligent manner in which Carbonel had parked the
in a position of apparent safety, and some new No. It merely provided the condition from which the
dump truck entrusted to him by his employer
force intervenes. But even in such cases, it is cause arose (it set the stage for the cause of the injury
Phoenix
not the distinction between "cause" and to occur).
"condition" which is important, but the nature Ratio A prior and remote cause (which furnishes the
Issue:
of the risk and the character of the intervening condition or gives rise to the occasion by which an
WON the proximate cause of the accident was
cause." injury was made possible) cannot be the basis of an
Dionisio’s negligence (driving faster than he should
have, and without headlights) or the negligence of the - the truck driver's negligence, far from being a action if a distinct, successive, unrelated and efficient
cause of the injury intervenes between such prior and
driver in parking the truck. "passive and static condition", was an indispensable
remote cause and the injury.
and efficient cause. The collision would not have
If no danger existed in the condition except because
Held: occurred had the dump truck not been parked askew
of the independent cause, such condition was not the
- it is the driver’s negligence. (see previous digest) without any warning lights or reflector devices. The
proximate cause. And if an independent negligent act
- ON CAUSE v CONDITION (under IV A 3c, page 5 of improper parking of the dump truck created an
or defective condition sets into operation the
outline) unreasonable risk of injury for anyone driving down
circumstances which result in injury because of the
- petitioners' arguments are drawn from a reading of that street and for having so created this risk, the
truck driver must be held responsible.
prior defective condition, such subsequent act or
some of the older cases in various jurisdictions in the condition is the proximate cause.
Dionisio's negligence, although later in point of time
United States. These arguments, however, do not Reasoning We fail to see how the Company could be
than the truck driver's negligence and therefore closer
have any validity in this jurisdiction. held guilty of negligence or as lacking in due diligence.
to the accident, was not an efficient intervening or
- Even in the United States, the distinctions between" To us it is clear that the principal and proximate cause
independent cause. What the petitioners describe as an
of the electrocution was not the electric wire, evidently
cause" and "condition" have already been "almost "intervening cause" was only a foreseeable
a remote cause, but rather the reckless and negligent
entirely discredited." Professors Prosser and Keeton consequence of the risk created by the truck driver’s
act of Magno in turning around and swinging the
make this quite clear: negligence
galvanized iron sheet without taking any precaution,
“Many courts have sought to distinguish
such as looking back toward the street and at the wire
between the active "cause" of the harm and
MANILA ELECTRIC v REMOQUILLO to avoid its contacting said iron sheet, considering the
the existing "conditions" upon which that
99 PHIL 117 latter's length of 6 feet.
cause operated. If the defendant has created
- The real cause of the accident or death was the
only a passive static condition which made the MONTEMAYOR; May 18, 1956 reckless or negligent act of Magno himself. When he
damage possible, the defendant is said not to
was called by his stepbrother to repair the media agua
be liable. But so far as the fact of causation is
torts & damages A2010 - 69 - prof. casis
just below the third story window, it is to be presumed resulted from the company’s negligence. Galang's inattentiveness or reckless imprudence which
that due to his age and experience he was qualified to - The PROXIMATE AND ONLY CAUSE of the damage was caused the accident. The appellate court further said
do so. Perhaps he was a tinsmith or carpenter and had the negligent act of the company. That Rodrigueza’s that the law presumes negligence on the part of the
had training and experience for the job. So, he could house was near was an ANTECEDENT CONDITION but defendants, as employers of Galang, in the selection
not have been entirely a stranger to electric wires and that can’t be imputed to him as CONTRIBUTORY and supervision of the latter; it was further asserted
the danger lurking in them. But unfortunately, in the NEGLIGENCE because that condition was not created by that these defendants did not allege in their Answers
instant case, his training and experience failed him, himself and because his house remained by the the defense of having exercised the diligence of a good
and forgetting where he was standing, holding the 6-ft toleration and consent of company and because even if father of a family in selecting and supervising the said
iron sheet with both hands and at arms length, the house was improperly there, company had no right employee.
evidently without looking, and throwing all prudence to negligently destroy it. The company could have - In an MFR, the decision for the consolidated civil cases
and discretion to the winds, he turned around swinging removed the house through its power of eminent was reversed. Hence this petition.
his arms with the motion of his body, thereby causing domain.
his own electrocution. ISSUES
Disposition CA decision reversed. Complaint against MCKEE v IAC, TAYAG WON respondent Court's findings in its challenged
company dismissed resolution are supported by evidence or are based on
211 SCRA 517
mere speculations, conjectures and presumptions.
DAVIDE; July 16, 1992
RODRIGUEZA V. MANILA RAILROAD
HELD
COMPANY NATURE YES
STREET; November 19, 1921 Appeal from decision of the IAC - Findings of facts of the trial courts and the Court of
Appeals may be set aside when such findings are not
FACTS supported by the evidence or when the trial court failed
NATURE
- A head-on-collision took place between a cargo truck to consider the material facts which would have led to a
Appeal from judgment of CFI
owned by private respondents, and driven by Ruben conclusion different from what was stated in its
Galang, and a Ford Escort car driven by Jose Koh. The judgment.
FACTS
collision resulted in the deaths of Jose Koh, Kim Koh - The respondent Court held that the fact that the car
Rodrigueza et al seek damages fr fire kindled by sparks
McKee and Loida Bondoc, and physical injuries to improperly invaded the lane of the truck and that the
fr a locomotive engine. The fire was communicated to
George Koh McKee, Christopher Koh McKee and Araceli collision occurred in said lane gave rise to the
four houses nearby. All of these houses were of light
Koh McKee, all passengers of the Ford Escort. presumption that the driver of the car, Jose Koh, was
construction, except that of Rodrigueza which was of
- When the northbound Ford Escort was about 10 negligent. On the basis of this presumed negligence,
strong materials. Plaintiffs say that the company failed
meters away from the southern approach of the bridge, IAC immediately concluded that it was Jose Koh's
to supervise their employees properly and was
two boys suddenly darted from the right side of the negligence that was the immediate and proximate
negligent in allowing locomotive to operate without
road and into the lane of the car. Jose Koh blew the cause of the collision. This is an unwarranted deduction
smokestack protection for arresting sparks. They also
horn of the car, swerved to the left and entered the as the evidence for the petitioners convincingly shows
say that the sparks were produced by an inferior fuel
lane of the truck; he then switched on the headlights of that the car swerved into the truck's lane because as it
used by the company – Bataan coal.
the car, applied the brakes and thereafter attempted to approached the southern end of the bridge, two boys
Defense said Rodigueza’s house stood partly within
return to his lane. Before he could do so, his car darted across the road from the right sidewalk into the
limits of land owned by company. Rodrigueza didn’t
collided with the truck. The collision occurred in the lane of the car.
mind the warnings from the company. His house’s
lane of the truck, which was the opposite lane, on the - Negligence is the omission to do something which a
materials included nipa and cogon, this indicates
said bridge. reasonable man, guided by those considerations which
contributory negligence on his part.
- Two civil cases were filed on Jan 31, 1977. ordinarily regulate the conduct of human affairs, would
Trial judge decided against Manila Railroad, which
- On 1 March 1977, an Information charging Ruben do, or the doing of something which a prudent and
appealed.
Galang with the crime of "Reckless Imprudence reasonable man would not do
Resulting in Multiple Homicide and Physical Injuries and - The test by which to determine the existence of
ISSUE
Damage to Property" was filed with the trial court. negligence in a particular case: Did the defendant in
WON damage was caused by Rodrigueza’s contributory
- Judge Capulong found Galang guilty of the criminal doing the alleged negligent act use that reasonable
negligence
charge and ordered him to pay damages. Galang care and caution which an ordinarily prudent person
appealed to IAC. IAC affirmed decision. would have used in the same situation? If not, then he
HELD
- Judge Castaneda dismissed the 2 civil cases and is guilty of negligence.
Yes.
awarded private respondents moral damages and - Using the test, no negligence can be imputed to Jose
- Manila Railroad’s defense is not a bar to recovery by
exemplary damages, and attorney’s fee. Petitioners Koh. Any reasonable and ordinary prudent man would
the other plaintiffs.
appealed to IAC. In its consolidated decision of the civil have tried to avoid running over the two boys by
- There was no proof that Rodrigueza unlawfully
cases, it reversed the ruling of the trial court and swerving the car away from where they were even if
intruded upon company’s property. His house was
ordered the defendants to pay damages. The decision this would mean entering the opposite lane.
there before the railroad company’s property. He may
is anchored principally on the findings that it was
be at risk for fire, but should not bear loss if the fire
torts & damages A2010 - 70 - prof. casis
- Moreover, under what is known as the emergency and prudence, have avoided the consequences of the preventing the unseeming, if no ludicrous, spectacle of
rule, "one who suddenly finds himself in a place of negligence of the injured party. In such cases, the two judges appreciating, according to their respective
danger, and is required to act without time to consider person who had the last clear chance to avoid the orientation, perception and perhaps even prejudice, the
the best means that may be adopted to avoid the mishap is considered in law solely responsible for the same facts differently, and thereafter rendering
impending danger, is not guilty of negligence, if he fails consequences thereof. conflicting decisions. Such was what happened in this
to adopt what subsequently and upon reflection may - Last clear chance: The doctrine is that the negligence case.
appear to have been a better method, unless the of the plaintiff does not preclude a recovery for the - The responsibility arising from fault or negligence in a
emergency in which he finds himself is brought about negligence of the defendant where it appears that the quasi-delict is entirely separate and distinct from the
by his own negligence. defendant, by exercising reasonable care and civil liability arising from negligence under the Penal
- Assuming, arguendo that Jose Koh is negligent, it prudence, might have avoided injurious consequences Code. In the case of independent civil actions under the
cannot be said that his negligence was the proximate to the plaintiff notwithstanding the plaintiff's new Civil Code, the result of the criminal case, whether
cause of the collision. Proximate cause has been negligence. The doctrine of last clear chance means acquittal or conviction, would be entirely irrelevant to
defined as: that cause, which, in natural and continuous that even though a person's own acts may have placed the civil action. What remains to be the most important
sequence, unbroken by any efficient intervening cause, him in a position of peril, and an injury results, the consideration as to why the decision in the criminal
produces the injury, and without which the result would injured person is entitled to recovery. a person who has case should not be considered in this appeal is the fact
not have occurred; the proximate legal cause is that the last clear chance or opportunity of avoiding an that private respondents were not parties therein.
acting first and producing the injury, either immediately accident, notwithstanding the negligent acts of his Dispositive Petition granted. Assailed decision set
or by setting other events in motion, all constituting a opponent or that of a third person imputed to the aside while its original is REINSTATED, subject to the
natural and continuous chain of events, each having a opponent is considered in law solely responsible for the modification that the indemnity for death is increased
close causal connection with its immediate consequences of the accident. The practical import of from P12,000.00 to P50,000.00 each for the death of
predecessor, the final event in the chain immediately the doctrine is that a negligent defendant is held liable Jose Koh and Kim Koh McKee
effecting the injury as a natural and probable result of to a negligent plaintiff, or even to a plaintiff who has
the cause which first acted, under such circumstances been grossly negligent in placing himself in peril, if he, TEAGUE VS. FERNANDEZ
that the person responsible for the first event should, aware of the plaintiff's peril, or according to some
51 SCRA 181
as an ordinary prudent and intelligent person, have authorities, should have been aware of it in the
reasonable ground to expect at the moment of his act reasonable exercise of due care, had in fact an MAKALINTAL; June 4, 1973
or default that an injury to some person might probably opportunity later than that of the plaintiff to avoid an
result therefrom. accident. FACTS
- As employers of the truck driver, the private - The Realistic Institute, owned and operated by
- Although it may be said that the act of Jose Koh, if at respondents are, under Article 2180 of the Civil Code, Mercedes M. Teague, was a vocational school for hair
all negligent, was the initial act in the chain of events, and beauty culture situated on the second floor of the
directly and primarily liable for the resulting damages.
it cannot be said that the same caused the eventual Gil-Armi Building, a two-storey, semi-concrete edifice
The presumption that they are negligent flows from the
injuries and deaths because of the occurrence of a located at the comer of Quezon Boulevard and Soler
negligence of their employee. That presumption,
sufficient intervening event, the negligent act of the Street, Quiapo, Manila. The second floor was
however, is only juris tantum, not juris et de jure. Their
truck driver, which was the actual cause of the tragedy. unpartitioned, had a total area of about 400 square
only possible defense is that they exercised all the
The entry of the car into the lane of the truck would not meters, and although it had only one stairway, of about
diligence of a good father of a family to prevent the
have resulted in the collision had the latter heeded the 1.50 meters in width, it had eight windows, each of
damage. The answers of the private respondents in the
emergency signals given by the former to slow down which was provided with two fire-escape ladders, and
civil cases did not interpose this defense. Neither did
and give the car an opportunity to go back into its the presence of each of the fire exits was indicated on
they attempt to prove it.
proper lane. Instead of slowing down and swerving to the wall.
On the separate civil and criminal actions
the far right of the road, which was the proper - In the afternoon of October 24, 1955, a fire broke out
- The civil cases, which were for the recovery of civil
precautionary measure under the given circumstances, in a store for surplus materials located about ten
liability arising from a quasi-delict under Article 2176 in
the truck driver continued at full speed towards the car. meters away from the institute. Soler Street lay
relation to Article 2180 of the Civil Code, were filed
- The truck driver's negligence is apparent in the between that store and the institute. Upon seeing the
ahead of criminal case. They were eventually
records. He himself said that his truck was running at fire, some of the students in the Realistic Institute
consolidated for joint trial. The records do not indicate
30 miles (48 km) per hour along the bridge while the shouted 'Fire! Fire!' and thereafter, a panic ensued.
any attempt on the part of the parties, and it may
maximum speed allowed by law on a bridge is only 30 Four instructresses and six assistant instructresses of
therefore be reasonably concluded that none was
kph. Under Article 2185 of the Civil Code, a person the institute were present and they, together with the
made, to consolidate criminal case with the civil cases,
driving a vehicle is presumed negligent if at the time of registrar, tried to calm down the students, who
or vice-versa.
the mishap, he was violating any traffic regulation. numbered about 180 at the time, telling them not to be
- Section 1, Rule 31 of the Rules of Court, which seeks
- Even if Jose Koh was indeed negligent, the doctrine of afraid because the Gil-Armi Building would not get
to avoid a multiplicity of suits, guard against oppression
last clear chance finds application here. Last clear burned as it is made of concrete, and that the fire was
and abuse, prevent delays, clear congested dockets to
chance is a doctrine in the law of torts which states that anyway, across the street. They told the students not to
simplify the work of the trial court, or in short, attain
the contributory negligence of the party injured will not rush out but just to go down the stairway two by two, or
justice with the least expense to the parties litigants,
defeat the claim for damages if it is shown that the to use the fire-escapes. The panic, however, could not
would have easily sustained a consolidation, thereby
defendant might, by the exercise of reasonable care
torts & damages A2010 - 71 - prof. casis
be subdued and the students kept on rushing and 3. WON the failure to comply with the requirement of - A prior and remote cause cannot be made the basis of
pushing their way through the stairs, thereby causing the ordinance was the proximate cause of the death of an action if such remote cause did nothing more than
stampede. No part of the Gil-Armi Building caught fire. Lourdes Fernandez furnish the condition or give rise to the occasion by
But, after the panic was over, four students, including which the injury was made possible, if there intervened
Lourdes Fernandez, sister of plaintiffs, were found dead HELD between such prior or remote cause and the injury a
and several others injured on account of the stampede. 1. NO. distinct, successive, unrelated, and efficient cause of
- The CFI of Manila found for the defendant and Ratio it is not ownership which determines the the injury, even though such injury would not have
dismissed the case. The plaintiffs appealed to the CA, character of buildings subject to its requirements, but happened but for such condition or occasion. If no
which by a divided vote of 3 to 2 (a special division of rather the use or the purpose for which a particular danger existed in the condition except because of the
five members having been constituted) rendered a building, is utilized. independent cause, such condition was not the
judgment of reversal and sentenced the defendant to Reasoning Thus the same may be privately owned, proximate cause. And if an independent negligent act
pay damages to the plaintiffs in the sum of P11,000, but if it is devoted to any one of the purposes or defective condition sets into operation the
plus interest at the legal rate from the date the mentioned in the ordinance - for instance as a school, circumstances which result in injury because of the
complaint was filed. which the Realistic Institute precisely was - then the prior defective condition, such subsequent act or
- The CA declared that Teague was negligent and that building is within the coverage of the ordinance. Indeed condition is the proximate cause. [Citing MERALCO v
such negligence was the proximate cause of the death the requirement that such a building should have two Remoquillo]
of Lourdes Fernandez. This finding of negligence is (2) separate stairways instead of only one (1) has no - According to the petitioner "the events of fire, panic
based primarily on the fact that the provision of Section relevance or reasonable relation to the fact of and stampede were independent causes with no causal
491 of the Revised Ordinances of the City of Manila had ownership, but does have such relation to the use or connection at all with the violation of the ordinance."
not been complied with in connection with the purpose for which the building is devoted. The weakness in the argument springs from a faulty
construction and use of the Gil-Armi building. This 2. NO. juxtaposition of the events which formed a chain and
provision reads as follows: Reasoning It was the use of the building for school resulted in the injury. It is true that the petitioner's non-
"Sec. 491. Fireproof partitions, exits and stairways - All purposes which brought the same within the coverage compliance with the ordinance in question was ahead
buildings and separate sections of buildings or of the ordinance; and it was the petitioner and not the of and prior to the other events in point of time, in the
buildings otherwise known as accessorias having less owners who were responsible for such use. sense that it was coetaneous with its occupancy of the
than three stories, having one or more persons 3. YES. building. But the violation was a continuing one, since
domiciled therein either temporarily or permanently, Ratio The violation of a statute or ordinance is not the ordinance was a measure of safety designed to
and all public or quasipublic buildings having less than rendered remote as the cause of an injury by the prevent a specific situation which would pose a danger
three stories, such as hospitals, sanitarium, schools, intervention of another agency if the occurrence of the to the occupants of the building. That situation was
reformatories, places of human detention, assembly accident, in the manner in which it happened, was the undue overcrowding in case it should become
halls, clubs, restaurants or panciterias, and the like, very thing which the statute or ordinance was intended necessary to evacuate the building, which, it could be
shall be provided with at least two unobstructed to prevent. reasonably foreseen, was bound to happen under
stairways of not less than one meter and twenty Reasoning The proximate legal cause is that acting emergency conditions if there was only one stairway
centimeters in width and an inclination of not less than first and producing the injury, either immediately or by available. It is true that in this particular case there
forty degrees from the perpendicular, in case of large settling other events in motion, all constituting a would have been no overcrowding in the single
buildings more than two stairways shall likewise be natural and continuous chain of events, each having a stairway if there had not been a fire in the
provided when required by the chief of the fire close causal connection with its immediate neighborhood which caused the students to panic and
department, said stairways shall be placed as far apart predecessor, the final event in the chain immediately rush headlong for the stairs in order to go down. But it
as possible." affecting the injury as a natural and probable result of was precisely such contingencies or events that the
The alleged violation of the ordinance consisted is that the cause which first acted, under such circumstances authors of the ordinance had in mind, for under normal
the second storey of the building had only one that the person responsible for the first event should, conditions one stairway would be adequate for the
stairway, 1.5 meters wide, instead of two of at least 1.2 as an ordinarily prudent and intelligent person, have occupants of the building.
meters each, although at the time of the fire the owner reasonable ground to expect at the moment of his act - To consider the violation of the ordinance as the
of the building had a second stairway under or default that an injury to some person might probably proximate cause of the injury does not portray the
construction. result there from. [Citing Bataclan v Medina] situation in its true perspective; it would be more
- The petitioner relates the chain of events that resulted accurate to say that the overcrowding at the stairway
ISSUES in the death of Lourdes Fernandez as follows: (1) was the proximate cause and that it was precisely what
1. WON Section 491 of the Revised Ordinances of the violation of ordinance; (2) fire at a neighboring place; the ordinance intended to prevent by requiring that
City of Manila refers only to public buildings and hence (3) shouts of "Fire!, Fire!"; (4) panic in the Institute; (5) there be two stairways instead of only one. Under the
did not apply to the Gil-Armi building which was of stampede; and (6) injuries and death. The violation of doctrine of the cases cited by the respondents, the
private ownership the ordinance, it is argued, was only a remote cause, principle of proximate cause applies to such violation.
2. WON the ordinance devolved upon the owners of the and cannot be the basis of liability since there Dispositive Decision appealed from is affirmed.
building and therefore it is they and not the petitioner, intervened a number of independent causes which
who is a mere lessee, who should be liable for the produced the injury complained of. PICART V SMITH
violation
STREET; March 15, 1918
torts & damages A2010 - 72 - prof. casis
 The horse fell and its rider was thrown off with  When the defendant exposed the horse and
NATURE some violence. rider to this danger, he was, in our opinion,
Appeal from a judgment of the CFI of La Union  As a result of its injuries the horse died. negligent in the eye of the law.
 The plaintiff received contusions which caused  The test by which to determine the
FACTS temporary unconsciousness and required medical existence of negligence in a particular case
 On December 12, 1912, plaintiff was riding on attention for several days. may be stated as follows: Did the defendant
his pony over the Carlatan Bridge, at San  CFI absolved defendant from liability in doing the alleged negligent act use that
Fernando, La Union.  Hence, the appeal reasonable care and caution which an
 Before he had gotten half way across, the ordinarily prudent person would have used in
defendant approached from the opposite direction ISSUE the same situation? If not, then he is guilty of
in an automobile, going at the rate of about ten or WON the defendant, in maneuvering his car in the negligence.
twelve miles per hour. manner above described, was guilty of negligence that  The law here in effect adopts the standard
 As the defendant neared the bridge he saw would give rise to a civil obligation to repair the supposed to be supplied by the imaginary conduct
the plaintiff and blew his horn to give warning of damage done of the discreet paterfamilias of the Roman law.
his approach.  The existence of negligence in a given case is
 He continued his course and after he had Ratio: The person who has the last fair chance to not determined by reference to the personal
taken the bridge, he gave two more successive avoid the impending harm and fails to do so is judgment of the actor in the situation before him.
blasts, as it appeared to him that the man on chargeable with the consequences, without The law considers what would be reckless,
horseback before him was not observing the rule of reference to the prior negligence of the other blameworthy, or negligent in the man of ordinary
the road. part. intelligence and prudence and determines liability
 The plaintiff saw the automobile coming and by that.
heard the warning signals. HELD
 The question as to what would constitute the
 However, given the novelty of the apparition Yes.
conduct of a prudent man in a given situation must
and the rapidity of the approach, he pulled the  As the defendant started across the bridge, he of course be always determined in the light of
pony closely up against the railing on the right side had the right to assume that the horse and the human experience and in view of the facts
of the bridge instead of going to the left. rider would pass over to the proper side; but as he involved in the particular case. Could a prudent
 He did this because he thought he did not moved toward the center of the bridge it was man, in the case under consideration, foresee
have sufficient time to get over to the other side. demonstrated to his eyes that this would not be harm as a result of the course actually pursued? If
 As the automobile approached, the defendant done; and he must in a moment have perceived so, it was the duty of the actor to take precautions
guided it toward his left, that being the proper side that it was too late for the horse to cross with to guard against that harm. Reasonable foresight
of the road for the machine. safety in front of the moving vehicle. of harm, followed by ignoring of the suggestion
 In so doing the defendant assumed that the  In the nature of things this change of situation born of this prevision, is always necessary before
horseman would move to the other side. occurred while the automobile was yet some negligence can be held to exist.
distance away; and from this moment it was no Stated in these terms, the proper criterion for
 The pony had not as yet exhibited fright, and 
longer within the power of the plaintiff to escape determining the existence of negligence in a given
the rider had made no sign for the automobile to
being run down by going to a place of greater case is this: Conduct is said to be negligent when a
stop.
safety. prudent man in the position of the tortfeasor would
 Seeing that the pony was apparently quiet, the
 The control of the situation had then passed have foreseen that an effect harmful to another
defendant, instead of veering to the right while yet
entirely to the defendant; and it was his duty either was sufficiently probable to warrant his foregoing
some distance away or slowing down, continued to
to bring his car to an immediate stop or, seeing conduct or guarding against its consequences.
approach directly toward the horse without
that there were no other persons on the bridge, to Applying this test to the conduct of the
diminution of speed. 
take the other side and pass sufficiently far away defendant in the present case, negligence is
 When he had gotten quite near, there being from the horse to avoid the danger of collision.
then no possibility of the horse getting across to clearly established. A prudent man, placed in the
 The defendant ran straight on until he was position of the defendant, would have recognized
the other side, the defendant quickly turned his car
almost upon the horse. He was, the court thinks, that the course which he was pursuing was fraught
sufficiently to the right to escape hitting the horse
deceived into doing this by the fact that the horse with risk, and would therefore have foreseen harm
alongside of the railing where it as then standing;
had not yet exhibited fright. to the horse and the rider as reasonable
but in so doing the automobile passed in such
close proximity to the animal that it became  But in view of the known nature of horses, consequence of that course. Under these
frightened and turned its body across the bridge there was an appreciable risk that, if the animal in circumstances the law imposed on the defendant
with its head toward the railing. question was unacquainted with automobiles, he the duty to guard against the threatened harm.
might get excited and jump under the conditions  The plaintiff himself was not free from fault,
 In so doing, it was struck on the hock of the
which here confronted him. for he was guilty of antecedent negligence in
left hind leg by the flange of the car and the limb
was broken. planting himself on the wrong side of the road. It
will be noted however, that the negligent acts of
torts & damages A2010 - 73 - prof. casis
the two parties were not contemporaneous, since HELD: saw a Ford dump truck looming some 21/2meters away
the negligence of the defendant succeeded the 1. NO from his car. The dump truck, owned and registered by
negligence of the plaintiff by an appreciable Ratio: The doctrine of last clear chance applies only Phoenix Construction Inc. was parked askew (partly
interval. Under these circumstances the law is that between the negligent parties. It does not apply in a blocking the way of oncoming traffic) on the right hand
the person who has the last fair chance to avoid case wherein a victim (who is an outsider to the cause side of General Lacuna Street facing the oncoming
the impending harm and fails to do so is of the accident) demands liability from the negligent traffic. There were no lights nor any so-called "early
chargeable with the consequences, without parties. warning" reflector devices set anywhere near the dump
reference to the prior negligence of the other Reasoning: The doctrine of last clear chance, stated truck. The dump truck had earlier that evening been
party. broadly, is that the negligence of the plaintiff does not driven home by Carbonel, its regular driver. Dionisio
preclude a recovery for the negligence of the defendant claimed that he tried to avoid a collision by swerving
where it appears that the defendant, by exercising his car to the left but it was too late and his car
Dispositive: Appealed decision is reversed.
reasonable care and prudence, might have avoided smashed into the dump truck. As a result of the
injurious consequences to the plaintiff notwithstanding collision, Dionisio suffered some physical injuries
BUSTAMANTE V CA (DEL PILAR AND the plaintiff’s negligence. In other words, the doctrine including some permanent facial scars, a "nervous
MONTESIANO) of last clear chance means that even though a person's breakdown" and loss of two gold bridge dentures.
own acts may have placed him in a position of peril, - Dionisio commenced an action for damages claiming
193 SCRA 603
and an injury results, the injured person is entitled to that the legal and proximate cause of his injuries was
MEDIALDEA; February 6, 1991 recovery. As the doctrine is usually stated, a person the negligent manner in which Carbonel had parked the
who has the last clear chance or opportunity of dump truck. Phoenix and Carbonel countered that the
NATURE: petition for certiorari to review decision of CA avoiding an accident, notwithstanding the negligent proximate cause of Dionisio's injuries was his own
acts of his opponent or that of a third person imputed recklessness in driving fast at the time of the accident,
FACTS: a truck and a passenger bus sideswept each to the opponent is considered in law solely responsible while under the influence of liquor, without his
other, causing the deaths of the passengers of the bus. for the consequences of the accident (Sangco). headlights on and without a curfew pass. Phoenix also
This is the way the collision happened: A negligent defendant is held liable to a negligent sought to establish that it had exercised due care in the
The bus, driven by Susulin, was traversing an inclined plaintiff, or even to a plaintiff who has been grossly selection and supervision of the dump truck driver.
road when the driver saw from 30 meters away an negligent in placing himself in peril, if he, aware of the - CFI: in favor of Dionisio
approaching truck (driven by Montesiano), going very plaintiff's peril, or according to some authorities, should - IAC: affirmed TC but modified amounts
fast and the front wheels wiggling. The bus driver also have been aware of it in the reasonable exercise of due
observed that the truck was heading towards his lane. case, had in fact an opportunity later than that of the ISSUE
Not minding this circumstance due to his belief that the plaintiff to avoid an accident (Am. Jur). (obiter) WON last clear chance doctrine should be
truck driver was merely joking, Susulin shifted from 4th As against 3rd persons, a negligent actor can’t defend applied therefore exculpating Phoenix from paying any
to 3rd gear in order to give more power and speed to by saying that another had negligently failed to take damages
the bus, which was ascending the inclined part of the action which would have avoided injury.
road, in order to overtake a Kubota hand tractor being HELD
pushed by a person along the shoulder of the highway. Disposition: Petition GRANTED. Defendants Del Pilar NO
While the bus was in the process of overtaking or and Montesiano ordered to pay damages with other - We hold that private respondent Dionisio's negligence
passing the hand tractor and the truck was approaching defendants was "only contributory," that the "immediate and
the bus, the two vehicles sideswiped each other at each proximate cause" of the injury remained the truck
other's left side.
PHOENIX CONSTRUCTION INC V IAC driver's "lack of due care" and that consequently
The heirs of the victims filed for damages. The RTC respondent Dionisio may recover damages though such
awarded damages, saying that the negligent acts of (DIONISIO)
damages are subject to mitigation by the courts (Article
both drivers were the cause of the accident, thus their 148 SCRA 353 2179, Civil Code of the Philippines).
liability must be solidary. The driver and owner of the FELICIANO; March 10, 1987 Obiter
truck appealed to the CA, which was denied at first, but NATURE - Phoenix and Carbonel also ask us to apply what they
was granted on MFR, absolving the defendants based PETITION for review of the decision of the IAC refer to as the "last clear chance" doctrine. The theory
on the doctrine of last clear chance, saying that the bus here of petitioners is that while the petitioner truck
driver had the last clear chance to avoid the accident, FACTS driver was negligent, private respondent Dionisio had
and that his negligence was the proximate cause of the - 130AM 15 November 1975 - Leonardo Dionisio, driving the "last clear chance" of avoiding the accident and
same. his Volkswagen car, was on his way home to Makati hence his injuries, and that Dionisio having failed to
from a cocktails-and-dinner meeting with his boss take that "last clear chance" must bear his own injuries
ISSUES: where had taken "a shot or two" of liquor. Crossing the alone. The last clear chance doctrine of the common
1. WON the CA was correct in absolving the driver and intersection of General Lacuna and General Santos law was imported into our jurisdiction by Picart vs.
owner of the truck (answered by WON CA correctly Streets at Bangkal, Makati, not far from his home, when Smith but it is a matter for debate whether, or to what
applied the doctrine of last clear chance) his car headlights (in his allegation) suddenly failed. He extent, it has found its way into the Civil Code of the
switched his headlights on "bright" and thereupon he Philippines. The historical function of that doctrine in
torts & damages A2010 - 74 - prof. casis
the common law was to mitigate the harshness of PHILIPPINE BANK OF COMMERCE v CA respondent RMC together with the validated duplicate
another common law doctrine or rule-that of slips with the latter's name and account number, she
(LIPANA)
contributory negligence. The common law rule of made her company believe that all the while the
contributory negligence prevented any recovery at all 269 SCRA 695 amounts she deposited were being credited to its
by a plaintiff who was also negligent, even if the HERMOSISIMA; March 14, 1997 account when, in truth and in fact, they were being
plaintiff's negligence was relatively minor as compared deposited by her and credited by the petitioner bank in
with the wrongful act or omission of the defendant. The Nature: the account of Cotas.
common law notion of last clear chance permitted Petition to review decision of CA - Upon discovery of the loss of its funds, RMC
courts to grant recovery to a plaintiff who had also demanded from petitioner bank the return of its
been negligent provided that the defendant had the Facts: money, but as its demand went unheeded, it filed a
last clear chance to avoid the casualty and failed to do - Rommel's Marketing Corporation (RMC), represented collection suit before RTC Pasig, which found petitioner
so. Accordingly, it is difficult to see what role, if any, by its President and General Manager Romeo Lipana, bank negligent and ordered the bank and Mabayad to
the common law last clear chance doctrine has to play filed a complaint to recover from the former Philippine pay RMC jointly and severally P304,979.72, plus
in a jurisdiction where the common law concept of Bank of Commerce (PBC), now absorbed by the damages, attornet’s fees and costs of suit.
contributory negligence as an absolute bar to recovery Philippine Commercial International Bank, P304, 979.74 - CA affirmed, but modified the award of damages.
by the plaintiff, has itself been rejected, as it has been representing various deposits RMC made in its current
in A2179 CC account with said bank. The amount was not credited Issue:
- Is there perhaps a general concept of "last clear to RMC’s account but was instead deposited to the Whether the proximate cause of the loss, to the tune of
chance" that may be extracted from its common law account of one Bienvenido Cotas. P304,979.74, suffered by the private respondent RMC is
matrix and utilized as a general rule in negligence - RMC maintained two separate current accounts with petitioner bank's negligence or that of private
cases in a civil law jurisdiction like ours? We do not the Pasig Branch of PBC in connection with its business respondent's.
believe so. Under A2179, the task of a court, in of selling appliances.
technical terms, is to determine whose negligence-the - From May 5, 1975 to July 16, 1976, petitioner Romeo Held:
plaintiff's or the defendant's-was the legal or proximate Lipana claims to have entrusted RMC funds in the form It was the negligence of Ms. Azucena Mabayad, coupled
cause of the injury. That task is not simply or even of cash totalling P304,979.74 to his secretary, Irene by the negligence of the petitioner bank in the selection
primarily an exercise in chronology or physics, as the Yabut, for the purpose of depositing said funds in the and supervision of its bank teller, which was the
petitioners seem to imply by the use of terms like "last" current accounts of RMC with PBC. It turned out, proximate cause of the loss suffered by the private
or "intervening" or "immediate." The relative location in however, that these deposits, on all occasions, were respondent.
the continuum of time of the plaintiff's and the not credited to RMC's account but were instead - There are three elements of a quasi-delict: (a)
defendant's negligent acts or omissions, is only one of deposited to Account No. 53-01734-7 of Yabut's damages suffered by the plaintiff; (b) fault or
the relevant factors that may be taken into account. Of husband, Bienvenido Cotas who likewise maintains an negligence of the defendant, or some other person for
more fundamental importance are the nature of the account with the same bank. whose acts he must respond; and (c) the connection of
negligent act or omission of each party and the - During this period, petitioner bank had been regularly cause and effect between the fault or negligence of the
character and gravity of the risks created by such act furnishing private respondent with monthly statements defendant and the damages incurred by the plaintiff.
or omission for the rest of the community. The showing its current accounts balances. Unfortunately, it - Negligence is the omission to do something which a
petitioners urge that the truck driver (and therefore his had never been the practice of Romeo Lipana to check reasonable man, guided by those considerations which
employer) should be absolved from responsibility for these monthly statements of account reposing ordinarily regulate the conduct of human affairs, would
his own prior negligence because the unfortunate complete trust and confidence on petitioner bank. do, or the doing of something which a prudent and
plaintiff failed to act with that increased diligence which -Irene Yabut would accomplish two copies of the reasonable man would do.
had become necessary to avoid the peril precisely deposit slip, an original and a duplicate. The original - Picart v. Smith. The test by which to determine
created by the truck driver's own wrongful act or showed the name of her husband as depositor and his the existence of negligence in a particular case:
omission, To accept this proposition is to come too current account number. On the duplicate copy was Did the defendant in doing the alleged negligent act
close to wiping out the fundamental principle of law written the account number of her husband but the use that reasonable care and caution which an
that a man must respond for the forseeable name of the account holder was left blank. PBC's teller, ordinarily prudent person would have used in the same
consequences of his own negligent act or omission. Our Azucena Mabayad, would, however, validate and stamp situation? If not, then he is guilty of negligence. The law
law on quasi-delicts seeks to reduce the risks and both the original and the duplicate of these deposit here in effect adopts the standard supposed to be
burdens of living in society and to allocate them among slips retaining only the original copy despite the lack of supplied by the imaginary conduct of the discreet
the members of society. To accept the petitioners' information on the duplicate slip. The second copy was paterfamilias of the Roman law. The existence of
proposition must tend to weaken the very bonds of kept by Irene Yabut allegedly for record purposes. After negligence in a given case is not determined by
society. validation, Yabut would then fill up the name of RMC in reference to the personal judgment of the actor in the
Disposition CA decision is modified by reducing the the space left blank in the duplicate copy and change situation before him. The law considers what would be
aggregate amount of compensatory damages, loss of the account number written thereon, which is that of reckless, blameworthy, or negligent in the man of
expected income and moral damages Dionisio is her husband's, and make it appear to be RMC's account ordinary intelligence and prudence and determines
entitled to by 20% of such amount number. With the daily remittance records also liability by that.
prepared by Ms. Yabut and submitted to private
torts & damages A2010 - 75 - prof. casis
- the bank's teller, Ms. Azucena Mabayad, was incomplete duplicate deposit slips presented by Ms. sizable amount of cash was entrusted to Yabut, private
negligent in validating, officially stamping and signing Irene Yabut, the loss would not have occurred. respondent should, at least, have taken care of its
all the deposit slips prepared and presented by Ms. Considering, however, that the fraud was committed in concerns, as what the law presumes. Its negligence,
Yabut, despite the glaring fact that the duplicate copy a span of more than one (1) year covering various therefore, is not contributory but the immediate and
was not completely accomplished contrary to the self- deposits, common human experience dictates that the proximate cause of its injury.
imposed procedure of the bank with respect to the same would not have been possible without any form of
proper validation of deposit slips, original or duplicate. collusion between Ms. Yabut and bank teller Mabayad. GLAN PEOPLE’S LUMBER AND
- Negligence here lies not only on the part of Ms. Ms. Mabayad was negligent in the performance of her
HARDWARE V IAC (VDA. DE CALIBO and
Mabayad but also on the part of the bank itself in its duties as bank teller nonetheless.
lackadaisical selection and supervision of Ms. Mabayad. - it cannot be denied that private respondent was kids)
- Proximate cause is determined on the facts of each likewise negligent in not checking its monthly GR No.70493
case upon mixed considerations of logic, common statements of account. Had it done so, the company NARVASA; May 18, 1989
sense, policy and precedent. Proximate cause is "that would have been alerted to the series of frauds being
cause, which, in natural and continuous sequence, committed against RMC by its secretary. The damage NATURE
unbroken by any efficient intervening cause, produces would definitely not have ballooned to such an amount Petition for certiorari praying for a reversal of the
the injury, and without which the result would not have if only RMC, particularly Romeo Lipana, had exercised judgment of the Intermediate Appellate Court which, it
occurred. . . ." In this case, absent the act of Ms. even a little vigilance in their financial affairs. This is claimed, ignored or ran counter to the established
Mabayad in negligently validating the incomplete omission by RMC amounts to contributory negligence facts.
duplicate copy of the deposit slip, Ms. Irene Yabut which shall mitigate the damages that may be awarded
would not have the facility with which to perpetrate her to the private respondent under Article 2179 of the FACTS
fraudulent scheme with impunity. New Civil Code - Engineer Orlando T. Calibo, Agripino Roranes, and
- Furthermore, under the doctrine of "last clear Maximo Patos were on the jeep owned by the Bacnotan
chance" (also referred to, at times as "supervening Disposition CA decision modified. The demands of Consolidated Industries, Inc., with Calibo at the wheel,
negligence" or as "discovered peril"), petitioner bank substantial justice are satisfied by allocating the as it approached from the South Lizada Bridge going
was indeed the culpable party. This doctrine, in damage on a 60-40 ratio. Thus, 40% of the damage towards the direction of Davao City at about 1:45 in the
essence, states that where both parties are negligent, awarded by the respondent appellate court, except the afternoon of July 4,1979. At about that time, the cargo
but the negligent act of one is appreciably later in time award of P25,000.00 attorney's fees, shall be borne by track, loaded with cement bags, GI sheets, plywood,
than that of the other, or when it is impossible to private respondent RMC; only the balance of 60% driven by defendant Paul Zacarias y Infants, coming
determine whose fault or negligence should be needs to be paid by the petitioners. The award of from the opposite direction of Davao City and bound for
attributed to the incident, the one who had the last attorney's fees shall be borne exclusively by the Glan, South Cotabato, had just crossed said bridge. At
clear opportunity to avoid the impending harm and petitioners. about 59 yards after crossing the bridge, the cargo
failed to do so is chargeable with the consequences truck and the jeep collided as a consequence of which
thereof. Stated differently, the rule would also mean Engineer Calibo died while Roranes and Patos
PADILLA [dissent] sustained physical injuries. Zacarias was unhurt. As a
that an antecedent negligence of a person does not
- the doctrine of "last clear chance" assumes that the result of the impact, the left side of the truck was
preclude the recovery of damages for the supervening
negligence of the defendant was subsequent to the slightly damaged while the left side of the jeep,
negligence of, or bar a defense against liability sought
negligence of the plaintiff and the same must be the including its fender and hood, was extensively
by another, if the latter, who had the last fair chance,
proximate cause of the injury. In short, there must be a damaged. After the impact, the jeep fell and rested on
could have avoided the impending harm by the
last and a clear chance, not a last possible chance, to its right side on the asphalted road a few meters to the
exercise of due diligence. Here, assuming that private
avoid the accident or injury. It must have been a rear of the truck, while the truck stopped on its wheels
respondent RMC was negligent in entrusting cash to a
chance as would have enabled a reasonably prudent on the road.
dishonest employee, thus providing the latter with the
man in like position to have acted effectively to avoid - On November 27, 1979, the instant case for damages
opportunity to defraud the company, as advanced by
the injury and the resulting damage to himself. was filed by the surviving spouse and children of the
the petitioner, yet it cannot be denied that the
- the bank was not remiss in its duty of sending late Engineer Calibo who are residents of Tagbilaran
petitioner bank, thru its teller, had the last clear
monthly bank statements to private respondent RMC so City against the driver and owners of the cargo truck.
opportunity to avert the injury incurred by its client,
that any error or discrepancy in the entries therein - Trial Court dismissed the complaint (and
simply by faithfully observing their self-imposed
could be brought to the bank's attention at the earliest defendants' counterclaim) "for insufficiency of
validation procedure.
opportunity. Private respondent failed to examine these evidence." The circumstances leading to the conclusion
- While it is true that had private respondent checked
bank statements not because it was prevented by just mentioned:
the monthly statements of account sent by the
some cause in not doing so, but because it was 1. Moments before its collission with the truck being
petitioner bank to RMC, the latter would have
purposely negligent as it admitted that it does not operated by Zacarias, the jeep of the deceased Calibo
discovered the loss early on, such cannot be used by
normally check bank statements given by banks. It was was "zigzagging."
the petitioners to escape liability. This omission on the
private respondent who had the last and clear chance 2. Unlike Zacarias who readily submitted himself to
part of the private respondent does not change the fact
to prevent any further misappropriation by Yabut had it investigation by the police, Calibo's companions who
that were it not for the wanton and reckless negligence
only reviewed the status of its current accounts on the suffered injuries on account of the collision, refused to
of the petitioners' employee in validating the
bank statement sent to it monthly or regularly. Since a
torts & damages A2010 - 76 - prof. casis
be so investigated or give statements to the police Reasoning Both drivers, as the Appellate Court found, PANTRANCO NORTH EXPRESS, INC v
officers. This, plus Roranes' waiver of the right to had had a full view of each other's vehicle from a
CAR BASCOS BAESA
institute criminal proceedings against Zacarias, and the distance of one hundred fifty meters. Both vehicles
fact that indeed no criminal case was ever instituted in were travelling at a speed of approximately thirty 179 SCRA 384
Court against Zacarias, were "telling indications that kilometers per hour. The private respondents have CORTES J.: November 1989
they did not attribute the happening to defendant admitted that the truck was already at a full stop when
Zacarias' negligence or fault." the jeep plowed into it. And they have not seen fit to FACTS:
3. Roranes' testimony, given in plaintiffs' behalf, was deny or impugn petitioners' imputation that they also At about 7:00 o'clock in the morning of June 12, 1981,
"not as clear and detailed as that of Zacarias," and was admitted the truck had been brought to a stop while the spouses Ceasar and Marilyn Baesa and their
"uncertain and even contradicted by the physical facts the jeep was still thirty meters away. From these facts children Harold Jim, Marceline and Maricar, together
and the police investigators Dimaano and Esparcia." the logical conclusion emerges that the driver of with spouses David Ico and Fe O. Ico with their son
4. That there were skid marks left by the truck's tires at the jeep had what judicial doctrine has Erwin Ico and seven other persons, were aboard a
the scene, and none by the jeep, demonstrates that the appropriately called the last clear chance to passenger jeepney on their way to a picnic at Malalam
driver of the truck had applied the brakes and the avoid the accident, while still at that distance of River, Ilagan, Isabela, to celebrate the fifth wedding
jeep's driver had not; and that the jeep had on impact thirty meters from the truck, by stopping in his turn anniversary of Ceasar and Marilyn Baesa.
fallen on its right side is indication that it was running or swerving his jeep away from the truck, either of -
at high speed. which he had sufficient time to do while running at a Upon reaching the highway, the jeepney turned right
5. Even if it be considered that there was some speed of only thirty kilometers per hour. In those and proceeded to MaIalam, River at a speed of about
antecedent negligence on the part of Zacarias shortly circumstances, his duty was to seize that opportunity of 20 kph. While they were proceeding towards Malalam
before the collision, in that he had caused his truck to avoidance, not merely rely on a supposed right to River, a speeding PANTRANCO bus from Aparri, on its
run some 25 centimeters to the left of the center of the expect, as the Appellate Court would have it, the truck regular route to Manila, encroached on the jeepney's
road, Engr. Calibo had the last clear chance of avoiding to swerve and leave him a clear path. lane while negotiating a curve, and collided with it.
the accident because he still had ample room in his -Picart v Smith: - David Ico, spouses Ceasar Baesa and Marilyn Baesa
own lane to steer clear of the truck, or he could simply The plaintiff was riding a pony on a bridge. Seeing an and their children, Harold Jim and Marcelino Baesa,
have braked to a full stop. automobile ahead he improperly pulled his horse over died while the rest of the passengers suffered injuries.
- IAC reversed TC. It found Zacarias to be to the railing on the right. The driver of the automobile, The jeepney was extensively damaged. After the
negligent on the basis of the following circumstances, however guided his car toward the plaintiff without accident the driver of the PANTRANCO Bus, Ambrosio
to wit: diminution of speed until he was only few feet away. He Ramirez, boarded a car and proceeded to Santiago,
1) "the truck driven by defendant Zacarias occupied the then turned to the right but passed so closely to the Isabela. From that time on up to the present, Ramirez
lane of the jeep when the collision occurred,' and horse that the latter being frightened, jumped around has never been seen and has apparently remained in
although Zacarias saw the jeep from a distance of and was killed by the passing car. . . . . hiding.
about 150 meters, he "did not drive his truck back to It goes without saying that the plaintiff himself was not - Maricar Baesa through her guardian Francisca O.
his lane in order to avoid collision with the oncoming free from fault, for he was guilty of antecedent Bascos and Fe O. Ico for herself and for her minor
jeep . . .;" what is worse, "the truck driver suddenly negligence in planting himself on the wrong side of the children, filed separate actions for damages arising
applied his brakes even as he knew that he was still road. But as we have already stated, the defendant was from quasi-delict against PANTRANCO. Other victims
within the lane of the jeep;" had both vehicles stayed in also negligent; and in such case the problem always is settled with Bus Company.
their respective lanes, the collision would never have to discover which agent is immediately and directly -PANTRANCO, aside from pointing to the late David
occurred, they would have passed "along side each responsible. It will be noted that the negligent acts of Ico's alleged negligence as the proximate cause of the
other safely;" the two parties were not contemporaneous, since the accident, invoked the defense of due diligence in the
2) Zacarias had no license at the time; what he handed negligence of the defendant succeeded the negligence selection and supervision of its driver, Ambrosio
to Pfc. Esparcia, on the latter's demand, was the of the plaintiff by an appreciable interval. Under these Ramirez
'driver's license of his co-driver Leonardo Baricuatro;" circumstances the law is that the person who has the -TC ruled against PANTRANCO and ordered them to
3) the waiver of the right to file criminal charges last fair chance to avoid the impending harm and fails pay damages.
against Zacarias should not be taken against "plaintiffs" to do so is chargeable with the consequences, without -Pantranco appealed the decision. Appeal dismissed for
Roranes and Patos who had the right, under the law, to reference to the prior negligence of the other party. lack of merit
opt merely to bring a civil suit. Dispositive WHEREFORE, the appealed judgment of ISSUE:
the Intermediate Appellate Court is hereby REVERSED, WON PANTRANCO is liable for damages.
ISSUES and the complaint against herein petitioners in Civil HELD: YES
WON respondent court is correct in reversing the Case No. 3283 of the Court of First Instance of Bohol, -Petitioner claims that under the circumstances of the
decision of trial court. Branch IV, is DISMISSED. No pronouncement as to case, it was the driver of the passenger jeepney who
HELD costs. had the last clear chance to avoid the collision and was
NO. Voting Cruz, Gancayco, Griño-Aquino and Medialdea, therefore negligent in failing to utilize with reasonable
Ratio The doctrine of the last clear chance provides as JJ., concur. care and competence his then existing opportunity to
valid and complete a defense to accident liability. avoid the harm.
(Picart v Smith)
torts & damages A2010 - 77 - prof. casis
-petitioner claims that the original negligence of its -Petitioner's misplaced reliance on the aforesaid law is YES. An error of law was committed in releasing the
driver was not the proximate cause of the accident and readily apparent in this case. The cited law itself jeepney from liability. It must be remembered that the
that the sole proximate cause was the supervening provides that it applies only to vehicles entering a obligation of the carrier to transport its passengers
negligence of the jeepney driver David Ico in failing to through highway or a stop intersection. At the time of safely is such that the New Civil Code requires “utmost
avoid the accident the accident, the jeepney had already crossed the diligence” from the carriers (Art. 1755) who are
- The doctrine of the last clear chance simply, means intersection and was on its way to Malalam River “presumed to have been at fault or to have acted
that the negligence of a claimant does not preclude a -On the issue of its liability as an employer, petitioner negligently, unless they prove that they have observed
recovery for the negligence of defendant where it claims that it had observed the diligence of a good extraordinary diligence” (Art. 1756). In this instance,
appears that the latter, by exercising reasonable care father of a family to prevent damage, conformably to this legal presumption of negligence is confirmed by
and prudence, might have avoided injurious the last paragraph of Article 2180 of the Civil Code the CA’s finding that jeepney driver in question was at
consequences to claimant notwithstanding his -When an injury is caused by the negligence of an fault in parking the vehicle improperly. It must follow
negligence. employee, there instantly arises a presumption that the that the driver – and the owners – of the jeepney must
-The doctrine applies only in a situation where the employer has been negligent either in the selection of answer for injuries to its passengers.
plaintiff was guilty of prior or antecedent negligence his employees or in the supervision over their acts. Obiter on Application of Principle of Last Clear Chance:
but the defendant, who had the last fair chance to Although this presumption is only a disputable The principle about the “last clear chance” applies in a
avoid the impending harm and failed to do so, is made presumption which could be overcome by proof of suit between the owners and drivers of the two
liable for all the consequences of the accident diligence of a good father of a family, this Court colliding vehicles. It does not arise where a passenger
notwithstanding the prior negligence of the plaintiff believes that the evidence submitted by the defendant demands responsibility from the carrier to enforce its
- The above contention of petitioner is manifestly to show that it exercised the diligence of a good father contractual obligations. For it would be inequitable to
devoid of merit. Contrary to the petitioner's contention, of a family iti the case of Ramirez, as a company driver exempt the negligent driver of the jeepney and its
the doctrine of "last clear chance" finds no application is far from sufficient owners on the ground that the other driver was likewise
in this case guilty of negligence. This principle does not apply in
- Contrary to the petitioner's contention, the doctrine of ANURAN V BUÑO this case.
"last clear chance" finds no application in this case. For DISPOSITION: Judgment modified.
17 SCRA 224
the doctrine to be applicable, it is necessary to show
that the person who allegedly had the last opportunity BENGZON, May 20, 1966
CANLAS V, CA
to avert the accident was aware of the existence of the
peril or should, with exercise of due care, have been NATURE: Petition for Review by certiorari of CA Purisima; February 28, 2000
aware of it decision.
- In this case, there is nothing to show that the jeepney FACTS Nature
driver David Ico knew of the impending danger. When - On January 12, 1958, a passenger jeepney was parked Petition for Review on Certiorari
he saw at a distance that the approaching bus was on the road to Taal, Batangas. Buño, driver of said
encroaching on his lane, he did not immediately swerve jeepney stopped his vehicle in order to allow one of his Facts
the jeepney to the dirt shoulder on his right since he passengers to alight. But he parked his jeepney in such -Sometime in August, 1982, Osmundo S. Canlas, and
must have assumed that the bus driver will return the a way that ½ of its width (the left wheels) was on the Vicente Mañosca, decided to venture in business and to
bus to its own lane upon seeing the jeepney asphalted pavement of the road and the other half, on raise the capital needed therefor. The former then
approaching from the opposite direction. the right shoulder of the said road. A motor truck executed a Special Power of Attorney authorizing the
- Moreover, both the trial court and the Court of speeding along, negligently bumped it from behind, latter to mortgage two parcels of land situated in San
Appeals found that at the time of the accident the which such violence that three of its passengers died, Dionisio, (BF Homes) Paranaque, Metro Manila, each lot
Pantranco bus was speeding towards Manila. At the even as 2 other passengers suffered injuries that with semi-concrete residential house in the name of the
time David Ico must have realized that the bus was not required their confinement at the Provincial Hospital for SPS Canlas. Osmundo Canlas agreed to sell the said
returning to its own lane, it was already too late to many days. parcels of land to Vicente Mañosca, for and in
swerve the jeepney to his right to prevent an accident. - Suits were instituted by the representatives of the consideration of P850,000.00, P500,000.00 of which
- This Court has held that the last clear chance doctrine dead and the injured, to recover consequently damages payable within one week, and the balance of
"can never apply where the party charged is required against the drivers and the owners of the trucks and P350,000.00 to serve as his (Osmundo's) investment in
to act instantaneously, and if the injury cannot be also against the driver and the owners of the jeepney. the business. Thus, Osmundo Canlas delivered to
avoided by the application of all means at hand after - CFI Batangas absolved the driver of the jeepney and Vicente Mañosca the transfer certificates of title of the
the peril is or should have been discovered" its owners, but it required the truck driver and the parcels of land involved. Vicente Mañosca, as his part
- Petitioner likewise insists that David Ico was negligent owners o make compensation. Plaintiffs appealed to the of the transaction, issued two postdated checks in favor
in failing to observe Section 43 (c), Article III Chapter IV CA insisting that the driver and the owners of the of Osmundo Canlas in the amounts of P40,000.00 and
of Republic Act No. 4136** which provides that the jeepney should also be made liable for damages. P460,000.00, respectively, but it turned out that the
driver of a vehicle entering a through highway or a stop ISSUE check covering the bigger amount was not sufficiently
intersection shall yield the right of way to all vehicles WON the driver and owners of the jeepney should also funded.
approaching in either direction on such through be made liable. -On September 3, 1982, Vicente Mañosca was able to
highway. HELD mortgage the same parcels of land for P100,000.00 to a
torts & damages A2010 - 78 - prof. casis
certain Attorney Manuel Magno, with the help of Yes. The doctrine of last clear chance is notwithstanding, the bank did not require the impostors
impostors who misrepresented themselves as the applicable, the respondent bank must suffer the to submit additional proof of their true identity.
spouses, Osmundo Canlas and Angelina Canlas. On resulting loss. In essence, the doctrine of last For not observing the degree of diligence required of
September 29, 1982, private respondent Vicente clear chance is to the effect that where both banking institutions, whose business is impressed with
Mañosca was granted a loan by the respondent Asian parties are negligent but the negligent act of one public interest, respondent Asian Savings Bank has to
Savings Bank (ASB) in the amount of P500,000.00, with is appreciably later in point of time than that of bear the loss sued upon.
the use of subject parcels of land as security, and with the other, or where it is impossible to determine
the involvement of the same impostors who again whose fault or negligence brought about the Disposition
introduced themselves as the Canlas spouses. When occurrence of the incident, the one who had the
the loan it extended was not paid, respondent bank last clear opportunity to avoid the impending WHEREFORE, the Petition is GRANTED and the Decision
extrajudicially foreclosed the mortgage. harm but failed to do so, is chargeable with the of the Court of Appeals, dated September 30, 1993, in
-On January 15, 1983, Osmundo Canlas wrote a letter consequences arising therefrom. Stated CA-G.R. CV No. 25242 SET ASIDE. The Decision of
informing the respondent bank that the execution of differently, the rule is that the antecedent Branch 59 of the Regional Trial Court of Makati City in
subject mortgage over the two parcels of land in negligence of a person does not preclude Civil Case No. M-028 is hereby REINSTATED. No
question was without their (Canlas spouses) authority, recovery of damages caused by the supervening pronouncement as to costs.
and request that steps be taken to annul and/or revoke negligence of the latter, who had the last fair SO ORDERED.1âwphi1.nêt
the questioned mortgage. On January 18, 1983, chance to prevent the impending harm by the
petitioner Osmundo Canlas also wrote the office of exercise of due diligence. CONSOLIDATED BANK V CA (L.C.DIAZ
Sheriff Maximo O. Contreras, asking that the auction In the case under consideration, from the evidence on
AND CO.)
sale scheduled on February 3, 1983 be cancelled or hand it can be gleaned unerringly that respondent bank
held in abeyance. But respondents Maximo C. did not observe the requisite diligence in ascertaining GR No. 138569
Contreras and Asian Savings Bank refused to heed or verifying the real identity of the couple who CARPIO; September 11, 2003
petitioner Canlas' stance and proceeded with the introduced themselves as the spouses Osmundo Canlas
scheduled auction sale. and Angelina Canlas. It is worthy to note that not even NATURE
-Consequently, on February 3, 1983 the herein a single identification card was exhibited by the said Review of the decision of the CA
petitioners instituted the present case for annulment of impostors to show their true identity; and yet, the bank
deed of real estate mortgage with prayer for the acted on their representations simply on the basis of FACTS
issuance of a writ of preliminary injunction; and on May the residence certificates bearing signatures which - LC Diaz is a professional partnership engaged in
23, 1983, the trial court issued an Order restraining the tended to match the signatures affixed on a previous accounting. On 14 August 1991, LC diaz, thru its
respondent sheriff from issuing the corresponding deed of mortgage to a certain Atty. Magno, covering cashier, instructed their messenger, Calapre, to deposit
Certificate of Sheriff's Sale.For failure to file his answer, the same parcels of land in question. money in Solidbank. Calapre then deposited in
despite several motions for extension of time for the Applying Art. 1173 It could be said that the degree of Solidbank. Since the transaction took time and Calapre
filing thereof, Vicente Mañosca was declared in default. diligence required of banks is more than that of a good had to make another deposit for L.C. Diaz with Allied
Lower court a quo came out with a decision annulling father of a family in keeping with their responsibility to Bank, he left the passbook with Solidbank. When he
subject deed of mortgage and disposing. Asian Savings exercise the necessary care and prudence in dealing came back, the teller told him that somebody else got
Bank appealed to the Court of Appeals and CA reversed even on a registered or titled property. The business of the passbook. The next day, it was learned that 300k
the lower court decision. a bank is affected with public interest, holding in trust was withdrawn from the account.
the money of the depositors, which bank deposits the - An information for estafa was filed against one of their
Issue/s and Held bank should guard against loss due to negligence or messengers (Ilagan) and one Roscoe Verdazola. LC
bad faith, by reason of which the bank would be denied Diaz demanded SolidBank the return of their money.
WON CA erred in holding that the mortgage is valid the protective mantle of the land registration law, The latter refused and a case for recovery of a sum of
Settled is the rule that a contract of mortgage accorded only to purchasers or mortgagees for value money was filed against them
must be constituted only by the absolute owner and in good faith. - TC applied rules on savings account written on the
on the property mortgaged; a mortgage, Evidently, the efforts exerted by the bank to verify the passbook. The rules state that “possession of this book
constituted by an impostor is void. Considering identity of the couple posing as Osmundo Canlas and shall raise the presumption of ownership and any
that it was established indubitably that the Angelina Canlas fell short of the responsibility of the payment or payments made by the bank upon the
contract of mortgage sued upon was entered into bank to observe more than the diligence of a good production of the said book and entry therein of the
and signed by impostors who misrepresented father of a family. The negligence of respondent bank withdrawal shall have the same effect as if made to the
themselves as the spouses Osmundo Canlas and was magnified by the fact that the previous deed of depositor personally.” Also, they applied the rule that
Angelina Canlas, the Court is of the ineluctible mortgage (which was used as the basis for checking the holder of the passport is presumed the owner. It
conclusion and finding that subject contract of the genuineness of the signatures of the supposed was also held that Solidbank did not have any
mortgage is a complete nullity. Canlas spouses) did not bear the tax account number participation in the custody and care of the passbook
of the spouses, as well as the Community Tax and as such, their act was not the proximate cause of
WON ASB must incur the resulting loss Certificate of Angelina Canlas. But such fact the loss. The proximate cause was LC Diaz’ negligence.
torts & damages A2010 - 79 - prof. casis
- CA revered. It ruled that Solidbank’s negligence was - We do not apply the doctrine of last clear overtaking another vehicle in an ordinary situation has
the proximate cause. It applied the provision on the CC chance to the present case. Solidbank is liable for the duty to see to it that the road is clear and he should
on quasi delicts and found that the requisite elements breach of contract due to negligence in the not proceed if he cannot do so in safety. For failing to
were present. They found that the teller made no performance of its contractual obligation to L.C. Diaz. observe the duty of diligence and care imposed on
inquiry upon the withdrawal of 300k. The teller could This is a case of culpa contractual, where neither the drivers of vehicles abandoning their lane, petitioner
have called up LC Diaz since the amount being drawn contributory negligence of the plaintiff nor his last clear must be held liable. Iran could not be faulted when in
was significant. The appellate court ruled that while chance to avoid the loss, would exonerate the his attempt to avoid the pick-up, he swerved to his left.
L.C. Diaz was also negligent in entrusting its deposits to defendant from liability. Such contributory negligence Petitioner’s acts had put Iran in an emergency situation
its messenger and its messenger in leaving the or last clear chance by the plaintiff merely serves to which forced him to act quickly. An individual who
passbook with the teller, Solidbank could not escape reduce the recovery of damages by the plaintiff but suddenly finds himself in a situation of danger and is
liability because of the doctrine of “last clear chance.” does not exculpate the defendant from his breach of required to act without much time to consider the best
Solidbank could have averted the injury suffered by L.C. contract. means that may be adopted to avoid the impending
Diaz had it called up L.C. Diaz to verify the withdrawal. danger, is not guilty of negligence if he fails to
DISPOSITIVE undertake what subsequently and upon reflection may
ISSUES Decision affirmed, modification only to damages appear to be a better solution, unless the emergency
WON Solidbank was liable was brought by his own negligence.
ENGADA V CA Reasoning The doctrine of last clear chance states
HELD that a person who has the last clear chance or
QUISUMBING, J.: June 20, 2003
- For breach of the savings deposit agreement due to opportunity of avoiding an accident, notwithstanding
negligence, or culpa contractual, the bank is liable to its the negligent acts of his opponent, is considered in law
depositor. NATURE solely responsible for the consequences of the
- When the passbook is in the possession of Solidbank’s Petition for review seeking the reversal of the decision accident. But what has been shown is the presence of
tellers during withdrawals, the law imposes on of the CA which affirmed with modification the an emergency and the proper application of the
Solidbank and its tellers an even higher degree of judgment of the RTC of Iloilo City emergency rule. There was no clear chance to speak of.
diligence in safeguarding the passbook. Likewise, Iran swerved to the left only to avoid petitioner’s pick-
Solidbank’s tellers must exercise a high degree of FACTS up, which was already on a head to head position going
diligence in insuring that they return the passbook only - On November 29, 1989, at about 1:30 in the against Iran’s Tamaraw jeepney immediately before the
to the depositor or his authorized representative afternoon, Edwin Iran was driving a blue Toyota vehicles collided. No convincing proof was adduced by
- In culpa contractual, once the plaintiff proves a breach Tamaraw jeepney bound for Iloilo City. On board was petitioner that Iran could have avoided a head-on
of contract, there is a presumption that the defendant Sheila Seyan, the registered owner of the Tamaraw. collision.
was at fault or negligent. The burden is on the The Tamaraw passengers allegedly saw from the
defendant to prove that he was not at fault or opposite direction a speeding Isuzu pick-up, driven by Dispositive
negligent. Solidbank failed to discharge this burden. petitioner Rogelio Engada. When it was just a few The appealed decision is AFFIRMED.
(they could have presented the teller to whom the meters away from the Tamaraw, the Isuzu pick-up’s
right signal light flashed, at the same time, it swerved
passbook was left, but they didn’t)
- L.C. Diaz was not at fault that the passbook landed in to its left, encroaching upon the lane of the Tamaraw STRICT LIABILITY
the hands of the impostor. Solidbank was in possession and headed towards a head-on collision course with it.
of the passbook while it was processing the deposit. Seyan shouted at Iran to avoid the pick-up. Iran
swerved to his left but the pick-up also swerved to its VESTIL V IAC (UY)
After completion of the transaction, Solidbank had the
contractual obligation to return the passbook only to right. Thus, the pick-up collided with the Tamaraw, 179 SCRA 47
Calapre, the authorized representative of L.C. Diaz. hitting the latter at its right front passenger side. The CRUZ; December 6, 1989
SolidBank’s negligence in returning the passbook was impact caused the head and chassis of the Tamaraw to
the proximate cause. separate from its body. Seyan was thrown out of the
NATURE
- The doctrine of last clear chance states that where Tamaraw and landed on a ricefield. Seyan incurred
Petition to reinstate the decision of the Appellate Court.
both parties are negligent but the negligent act of one P130,000 in medical expenses. The Toyota Tamaraw
is appreciably later than that of the other, or where it is jeepney ended up in the junk heap. Its total loss was
FACTS
impossible to determine whose fault or negligence computed at P80,000.
- July 29, 1975: Theness was bitten by a dog while she
caused the loss, the one who had the last clear was playing with a child of the petitioners in the house
opportunity to avoid the loss but failed to do so, is ISSUES
of the late Vicente Miranda, the father of Purita Vestil.
chargeable with the loss. Stated differently, the 1. WON petitioner’s negligence was the proximate
She was rushed to the Cebu General Hospital, where
antecedent negligence of the plaintiff does not cause of the accident
she was treated for "multiple lacerated wounds on the
preclude him from recovering damages caused by the forehead.” She was discharged after nine days but was
supervening negligence of the defendant, who had the HELD
re-admitted one week later due to "vomiting of saliva."
last fair chance to prevent the impending harm by the 1. YES. Ratio It is a settled rule that a driver
The following day, on August 15, 1975, the child died.
exercise of due diligence. abandoning his proper lane for the purpose of
torts & damages A2010 - 80 - prof. casis
The cause of death was certified as broncho- - Theness developed hydrophobia, a symptom of -CFI held Francisco Echevarria liable, and acquitted Jose
pneumonia. rabies, as a result of the dog bites, and second, that Dingcong. CA reversed and declared Jose Dingcong
- Theness developed hydrophobia, a symptom of asphyxia broncho-pneumonia, which ultimately caused responsible, sentencing him to pay the plaintiffs
rabies, as a result of the dog bites, and second, that her death, was a complication of rabies. The Court finds damages.
asphyxia broncho-pneumonia, which ultimately caused that the link between the dog bites and the certified
her death, was a complication of rabies cause of death has been satisfactorily established. ISSUE
- Seven months later, the Uys sued for damages, - It does not matter that the dog was tame and was WON Jose Dingcong and Francisco Echevarria are liable
alleging that the Vestils were liable to them as the merely provoked by the child into biting her. The law for damages
possessors of "Andoy," the dog that bit and eventually does not speak only of vicious animals but covers even
killed their daughter. tame ones as long as they cause injury. As for the HELD
- Judge Jose R. Ramolete of the Court of First Instance alleged provocation, the petitioners forget that Theness YES.
of Cebu sustained the defendants. IAC found that the was only three years old at the time she was attacked -Francisco Echevarria, the hotel guest, is liable for
Vestils were in possession of the house and the dog and can hardly be faulted for whatever she might have being the one who directly, by his negligence in leaving
and so should be responsible under Article 2183 of the done to the animal. open the faucet, caused the water to spill to the
Civil Code for the injuries caused by the dog. - Obligation imposed by Article 2183 of the Civil Code is ground and wet the articles and merchandise of the
- On the strength of the foregoing testimony, the Court not based on the negligence or on the presumed lack of plaintiffs.
finds that the link between the dog bites and the vigilance of the possessor or user of the animal causing -Jose Dingcong, being a co-renter and manager of the
certified cause of death has been satisfactorily the damage. It is based on natural equity and on the hotel, with complete possession of the house, must also
established. principle of social interest that he who possesses be responsible for the damages caused. He failed to
animals for his utility, pleasure or service must answer exercise the diligence of a good father of the family to
Petitioners’ Claim for the damage which such animal may cause. prevent these damages, despite his power and
The Vestils are liable for the death of Theness, since authority to cause the repair of the pipes.
they own the dog that bit her. DISPOSITION Disposition Appealed decision is affirmed, with the
Respondents’ Comments The Court approves the time. costs against apellant.
The dog belonged to the deceased Vicente Miranda,
that it was a tame animal, and that in any case no one DINGCONG vs. KANAAN AFABLE V SINGER SEWING MACHINE
had witnessed it bite Theness.
72 Phil. 14; G.R. No. L-47033 COMPANY
ISSUE AVANCEÑA; April 25, 1941 58 PHIL 14
WON the Vestils are liable for the damage caused by VICKERS; March 6, 1933
the dog. NATURE
Petition for certiorari assailing the decision of the CA NATURE
HELD Appeal from a decision of the CFI of Manila
Ratio The obligation imposed by Article 2183 of the FACTS
Civil Code is not based on the negligence or on the -The brothers Loreto and Jose Dingcong rented the FACTS
presumed lack of vigilance of the possessor or user of house of Emilia Saenz (in Jose Ma. Basa Street of the - Leopoldo Madlangbayan was a collector for the Singer
the animal causing the damage. It is based on natural City of Iloilo) and established the Central Hotel. Among Sewing Machine Company in the district of San
equity and on the principle of social interest that he the hotel's guests is Francisco Echevarria, paying P30 a Francisco del Monte, outside of the limits of the City of
who possesses animals for his utility, pleasure or month, and occupying room no. 10 of said hotel. Manila, and he was supposed to be residing in his
service must answer for the damage which such animal Kanaan, on the other hand, occupies the ground floor of district according to the records of the company.
may cause. the hotel and established his "American Bazaar" - One Sunday afternoon, Leopoldo Madlangbayan while
Reasoning dedicated to the purchase and sale of articles and riding a bicycle was run over and fatally injured at the
ART. 2183. The possessor of an animal or whoever merchandise. corner of O'Donnel and Zurbaran streets in the City of
may make use of the same is responsible for the -Around 11pm of 19 September 1933, Echevarria, when Manila by a truck driven by Vitaliano Sumoay.
damage which it may cause, although it may escape or retiring to bed, carelessly left the faucet open that with - It appears that Madlangbayan had moved to Teodora
be lost. This responsibility shall cease only in case the only an ordinary basin without drainage. That time, the Alonso St. in Manila without notifying the company, and
damage should come from force majeure or from the pipes of the hotel were under repair; the water run off that at the time of his death he was returning home
fault of the person who has suffered damage. the pipes and spilled to the ground, wetting the articles after making some collections in San Francisco del
- While it is true that she is not really the owner of the and merchandise of the "American Bazaar," causing a Monte.
house, which was still part of Vicente Miranda's estate, loss which the CFI sets at P1,089.61. - According to the practice of the company, if collectors
there is no doubt that she and her husband were its -The Kanaans (Halim, Nasri and Michael), representing made collections on Sunday they were required to
possessors at the time of the incident in question. the establishment "American Bazaar," thereafter filed deliver the amount collected to the company the next
- There is evidence showing that she and her family this complaint for damages against Loreto Dingcong, morning.
regularly went to the house, once or twice weekly. Jose Dingcong and Francisco Echevarria. - The widow and children of Leopoldo Madlangbayan
brought an action to recover from the defendant
torts & damages A2010 - 81 - prof. casis
corporation under Act No. 3428, as amended by Act. - The phrase "due to and in the pursuance of" used in DAVIDE, JR.; October 18, 1993
No. 3812, P100 for burial expenses and P1,745.12 for section 2 of Act No. 3428 was changed in Act No. 3812
compensation. to "arising out of and in the course of". Discussing this
NATURE
- Plaintiffs' complaint was subsequently amended, and phrase, the Supreme Court of Illinois in the case of
Petition for review on certiorari of the decision of the
they sought to recover under sections 8 and 10 of Act Mueller Construction Co. vs. Industrial Board, said:
Court of Appeals
No. 3428 fifty per cent of P16.78 for 208 weeks of The words "arising out of" refer to the origin or
P1,745.12 plus P100 for burial expenses. cause of the accident, and are descriptive of its
FACTS
- Defendant as special defenses alleged that Leopoldo character, while the words "in the course of" refer
- Lydia Geronimo was engaged in the business of
Madlangbayan at the time that he sustained the to the time, place, and circumstances under which
selling food and drinks to children in the Kindergarten
injuries resulting in his death was violating an the accident takes place. By the use of these words
Wonderland Canteen located in Dagupan.
ordinance of the City of Manila which prohibits work on it was not the intention of the legislature to make
- August 12, 1989 - A group of parents complained that
Sunday; and that Act No. 3428, as amended, is the employer an insurer against all accidental
they found fibrous material in the bottles of Coke and
unconstitutional and void because it denies the injuries which might happen to an employee while
Sprite that their children bought from Geronimo’s store.
defendant the equal protection of the law, and impairs in the course of the employment, but only for such
Geronimo examined her stock of softdrinks and found
the obligation of the contract between the defendant injuries arising from or growing out of the risks
that there were indeed fibrous materials in the
and Leopoldo Madlangbayan, and deprives the Courts peculiar to the nature of the work in the scope of
unopened soda bottles. She brought the bottles to the
of First Instance of their probate jurisdiction over the the workman's employment of incidental to such
Department of Health office in their region and was
estate of deceased persons and nullifies Chapters XXIX, employment, and accidents in which it is possible
informed that the soda samples she sent were
XXX, XXXI, XXXII, XXXIII, and XXXIV of the Civil Code to trace the injury to some risk or hazard to which
adulterated.
Procedure and related articles of the Civil Code. the employee is exposed in a special degree by
- Because of this, Geronimo’s sales plummeted with her
reason of such employment. Risks to which all
regular sales of 10 cases day dwindling to about 2 or 3
ISSUE persons similarly situated are equally exposed and
cases. Her losses amounted to P200 to P300 a day
WON the employer is liable to pay the employee’s not traceable in some special degree to the
which later on forced her to close down her business on
heirs. particular employment are excluded.
December 12, 1989.
- If the deceased had been killed while going from
- She demanded payment of damages from plaintiff
RULING house to house in San Francisco del Monte in the
Coca-Cola but the latter did not accede to her
NO. pursuance of his employment, the plaintiffs would
demands.
- As the deceased Leopoldo Madlangbayan was killed undoubtedly have the right, prima facie, to recover.
- The trial court ruled in favor of Coca-Cola, stating that
on November 16, 1930 and Act No. 3812 was not - In the case at bar the deceased was going from work
the complaint was based on a contract and not a quasi-
approved until December 8, 1930, it is apparent that in his own conveyance.
delict because of pre-existing relation between the
the law which is applicable is Act No. 3428, section 23 - Furthermore, it appears that the deceased had never
parties. Thus the complaint should have been filed
of which reads as follows: notified the defendant corporation of his removal from
within 6 months from the delivery of the thing sold.
When any employee receives a personal injury San Francisco del Monte of Manila, and that the
- The trial court however annulled the questioned
from any accident due to in the pursuance of the company did not know that he was living in Manila on
orders of the RTC and directed it to conduct further
employment, or contracts any illness directly the day of the accident; that the defendant company
proceedings in the civil case. According to the CA: “the
caused by such employment or the result of the did not require its employees to work on Sunday, or
allegations in the complaint plainly show that it is an
nature of such employment, his employer shall pay furnish or require its agents to use bicycles.
action for damages arising from respondent’s act of
compensation in the sums and to the persons - These are additional reasons for holding that the
recklessly and negligently manufacturing adulterated
hereinafter specified. accident was not due to and pursuance of the
food items intended to be sol for public consumption.”
- The accident which caused the death of the employee employment of the deceased. If the deceased saw fit to
It also noted that the availability of an action for breach
was not due to and in pursuance of his employment. change his residence from San Francisco del Monte to
of warranty does not bar an action for torts in a sale of
- At the time that he was over by the truck Leopoldo Manila and to make use a bicycle in going back and
defective goods.
Madlangbayan was not in the pursuance of his forth, he did so at his own risk, as the defendant
Petitioners’ Claim:
employment with the defendant corporation, but was company did not furnish him a bicycle or require him to
- Coca-Cola moved to dismiss the complaint on the
on his way home after he had finished his work for the use one; and if he made collections on Sunday, he did
grounds of failure to exhaust administrative remedies
day and had left the territory where he was authorized not do so in pursuance of his employment, and his
and prescription.
to take collections for the defendant. employer is not liable for any injury sustained by him.
- Since the complaint is for breach of warranty (under
- The employer is not an insurer "against all accidental
A1561, CC), it should have been brought within 6
injuries which might happen to an employee while in DISPOSITION The decision appealed from was affirmed,
months from the delivery of the goods.
the course of the employment", and as a general rule with the costs against the appellants.
Respondents’ Comments:
an employee is not entitled to recover from personal
- Geronimo alleges that her complaint is one for
injuries resulting from an accident that befalls him COCA-COLA BOTTLERS PHILS V CA damages which does not involve an administrative
while going to or returning from his place of
(GERONIMO) action.
employment, because such an accident does no arise
out of and in the course of his employment. 227 SCRA 292
torts & damages A2010 - 82 - prof. casis
- Her cause of action is based on an injury to plaintiff’s HELD
right which can be brought within 4 years (based on YES - Tek Hua filed an injunction and an action for
A1146, CC). - Appellants have the legal liability for interfering with nullification of the contracts between Trendsetter and
the contract and causing its breach. This liability arises DC Chuan. The lower Court ruled in favor of Tek Hua.
ISSUE from unlawful acts and not from contractual obligations The CA, on appeal, upheld the trial court. Both the trial
WON the complaint is founded on a quasi-delict and to induce Cuddy to violate his contract with Gilchrist. court and the CA awarded legal fees only.
pursuant to A1146(12), CC, the action prescribes in 4 - Article 1902 of the Civil Code provides that a person
years who, by act or omission causes damage to another ISSUE
when there is fault or negligence, shall be obliged to - WON So Ping Bun was guilty of tortuous interference
pay for the damage done. There is nothing in this of contract
HELD article which requires as a condition precedent to the
YES liability of the tortfeasor that he must know the identity HELD-
Reasoning of a person to whom he causes damage. No such - Yes. A duty which the law on torts is concerned with is
- The vendee’s remedies against a vendor with respect knowledge is required in order that the injured party respect for the property of others, and a cause of action
to the warranties against hidden defects or may recover for the damages suffered. ex delicto may be predicated upon an unlawful
encumbrances upon the thing sold are not limited to interference by one party of the enjoyment of the other
those prescribed in A1567. The vendee may also ask DISPOSITION Judgment affirmed of his private property. In the case at bar, petitioner,
for the annulment of the contract upon proof of error or Trendsetter asked DC Chuan to execute lease contracts
fraud in which case the ordinary rule on obligations SON PING BUN vs CA (Tek Hua) in its favor, and as a result petitioner deprived
shall be applicable. respondent of the latter’s property right.
GR No. 120554
- Under American law, the liabilities of the
manufacturer or seller of injury-causing products may Quisumbing; September 21, 1999 Reasoning-
be based on negligence, breach of warranty, tort or - Damage is the loss, hurt, or harm which results from
other grounds. injury, and damges are the recompense or
DISPOSITION The instant petition is denied for lack of NATURE compensation awarded for the damage suffered. One
merit. Appeal on certiorari for review of CA decision becomes liable in an action for damages for a
nontrespassory invasion of another’s interest in the
FACTS
GILCHRIST v CUDDY private use and enjoyment of asset if
- In 1963, Tek hua Trading, through its Managing
29 Phil 542 Director So Pek Giok, entered into a lease agreement a) the other has property rights and privileges
TRENT; February 18, 1915 with D.C. Chuan covering four stalls in Binondo. The with respect to the use or enjoyment interfered with;
contracts were initially for one year but after expiry of
the same, they continued on a month to month basis. b) the invasion is substantial;
NATURE
In 1976, Tek Hua was dissolved with the original
Appeal from the decision of the CFI
members forming a new corporation, Tek Hua c) the defendant’s conduct is a legal cause of
Enterprises with Manuel Tiong as one of the the invasion;
FACTS
incorporators.
-Cuddy was the owner of the film “Zigomar”. Gilchrist
was the owner of a theatre in Iloilo. They entered into a d) the invasion is either intentional and
- So Ping Bun, on the death of his grandfather, So Pek unreasonable or unintentional and actionable under
contract whereby Cuddy leased to Gilchrist the
Giok, occupied the same stalls under the business the general negligence rules.
Zigomar” for exhibition in his theatre for a week for
name, Trendsetter Marketing. - On the other hand, the elemts of tort interference are
P125.
- Cuddy returned the money already paid by Gilchrist a) existence of a valid contract
- In 1989, the lessor, DC Chuan sent a letter to Tek Hua b) knowledge on the part of the third party of
days before the delivery date so that he can lease the
advising it of a 25% increase in rent effective its existence
film to Espejo and Zaldarriaga instead and receive P350
September 1, 1989. A further rent increase of 30% c) interference of the third party is without
for the film for the same period.
effective January 1, 1990 was implemented. Enclosed in legal justification or
- Gilchrist filed a case for specific performance against
both letters were new lease contracts for signing. While excuse
Cuddy, Espejo and Zaldarriaga. He also prayed for
the letters contained a statement that the leases will be
damages against Espejo and Zaldarriaga for interfering
terminated if the contracts were not signed, the same - Since there were existing lease contracts between Tek
with the contract between Gilchrist and Cuddy.
were not rescinded. Hua and DC Chuan, Tek Hua in fact had property rights
ISSUE over the leased stalls. The action of Trendsetter in
- In 1991, Tiong wrote a letter to So Ping Bun asking asking DC Chuan to execute the contracts in their favor
WON Espejo and Zaldarriaga is liable for interfering
him to vacate the four stalls as the same were going to was unlawful interference.
with the contract between Gilchrist and Cuddy, they not
be used by them. Instead of vacating the stalls, So was
knowing at the time the identity of the parties
able to secure lease agreements from DC Chuan.
torts & damages A2010 - 83 - prof. casis
- The SC handled the question of whether the - City Engineer of Dagupan Alfredo Tangco admitted - Moral damages of P150000 is excessive and is
interference may be justified considering that So acted that the manhole is owned by the National reduced to P20000. Guilatco’s handicap was not
solely for the purpose of furthering his own financial or Government and the sidewalk on which they are permanent and disabled her only during her
economic interest. It stated that it is sufficient that the found along Perez Blvd. are also owned by the treatment which lasted for one year.
impetus of his conduct lies in a proper business interest National Government. He said that he supervises the - Exemplary damages of P50000 reduced to P10000.
rather than in wrongful motives to conclude that So maintenance of said manholes and sees to it that - Award of P7420 as lost income for one year, plus
was not a malicious interferer. Nothing on the record they are properly covered, and the job is specifically P450 bonus remain the same
imputes deliberate wrongful motives or malice on the done by his subordinates. - P3000 as attorney’s fees remain the same
part of So. Hence the lack of malice precludes the - Trial court ordered the city to pay Guilatco actual,
award of damages. moral and exemplary damages, plus attorney’s fees. Disposition Petition granted. CA decision reversed and
CA reversed the lower court’s ruling on the ground set aside, decision of trial court reinstated with
- The provision in the Civil Code with regard tortuous that no evidence was presented to prove that City of modification.
interference is Article 1314 which states that “ any Dagupan had control or supervision over Perez Blvd.
third party who induces another to violate his contract
shall be liable for damages to the other contracting
- City contends that Perez Blvd is a national road that
is not under the control or supervision of the City of PERSONS LIABLE
party”. The Court ratiocinated that the recovery of Dagupan. Hence, no liability should attach to the city.
legal fees is in the concept of actual or compensatory WORCESTER v OCAMPO
damages as provided in Article 2208 of the Civil Code. Issue
22 PHIL 42
In this casse, due to defendant’s action of interference, WON control or supervision over a national road by the
plaintiff was forced to seek relief through the Court snd City of Dagupan exists, in effect binding the city to Johnson; Feb. 27, 1912
thereby incur expenses to protect his interests. The answer for damages in accordance with article 2189
Court, however, found the award exorbitant. It was CC. NATURE
reduced to Pesos 100,000.00 Appeal from judgment of CFI
Held
Disposition – YES FACTS
Petition denied. CA decision affirmed subject to the - The liability of private corporations for damages - Plaintiff Dean Worcester, member of the Civil
modified award of attorney’s fees. arising from injuries suffered by pedestrians from the Commission of the Philippines and Secretary of the
defective condition of roads is expressed in the Civil Interior of the Insular Government commenced an
GUILATCO v CITY OF DAGUPAN Code as follows: action against defendants Ocampo, Kalaw, Santos,
Article 2189. Provinces, cities and Reyes, Aguilar, Liquete, Palma, Arellano, Jose, Lichauco,
171 SCRA 382
municipalities shall be liable for damages for Barretto and Cansipit (owners, directors, writers,
SARMIENTO; Mar 21, 1989 the death of, or injuries suffered by, any editors and administrators of a certain newspaper
person by reason of the defective condition of known as “El Renacimiento” or “Muling Pagsilang”) for
Nature: roads, streets, bridges, public buildings, and the purpose of recovering damages resulting from an
Petition for Certiorari to review the decision of CA other public works under their control or alleged libelous publication.
supervision. - The editorial “Birds of Prey” was alleged to have
Facts: - It is not even necessary for the defective road or incited the Filipino people into believing that plaintiff
- on July 25, 1978, Florentina Guilatco, a court street to belong to the province, city or municipality was a vile despot and a corrupt person, unworthy of the
interpreter, accidentally fell into a manhole while she for liability to attach. The article only requires that position which he held. The said editorial alluded to him
was about to board a motorized tricycle at a sidewalk either control or supervision is exercised over the as an eagle that surprises and devours, a vulture that
at Perez Blvd. Her right leg was fractured, due to defective road or street. gorges himself on dead and rotten meat, an owl that
which she was hospitalized, operated on, and - In this case, control or supervision is provided for in affects a petulant omniscience, and a vampire that
confined. the charter of Dagupan and is exercised through the sucks the blood of the victim until he leaves it
- She averred that she suffered mental and physical City Engineer. bloodless.
pain, and that she has difficulty in locomotion. She
has not yet reported for duty as court interpreter (at - The charter only lays down general rules regulating - After hearing the evidence adduced during trial, the
judge of the CFI rendered judgment in favor of
the time of filing of complaint) and thus lost income. that liability of the city. On the other hand, article
petitioner, holding all the defendants (except for Reyes,
She also lost weight, and she is no longer her former 2189 applies in particular to the liability arising from
Aguilar and Liquete who were found to be editors but in
jovial self. Moreover, she has been unable to perform “defective streets, public buildings and other public
a subordinate position and found to have merely acted
her religious, social, and other activities which she works.”
under the direction of their superiors) liable jointly and
used to do prior to the incident. On Damages awarded
severally for sustained damages on account of
- Police confirmed existence of the manhole, which - Actual damages of P10000 reduced to proven
petitioner’s wounded feelings, mental suffering and
was partially covered by a concrete flower pot by expenses of P8053.65. The trial court should not
injuries to his standing and reputation in the sum of
leaving a gaping hole about 2 ft long by 1 ½ feet have rounded off the amount. The court can not rely
P35,000 as well as P25,000 as punitive damages.
wide or 42 cm wide by 75 cm long by 150 cm deep. on “speculation, conjecture or guess work as to the
amount.
torts & damages A2010 - 84 - prof. casis
- This judgment prompted defendants to appeal to the not liable. The courts may release some for lack of MORELAND; March 28, 1914
SC, claiming that the CFI committed several errors in evidence while condemning others of the alleged tort.
rendering said judgment among which was that the And this is true even though they are charged jointly
NATURE
lower court committed an error in rendering a judgment and severally. However, in this case, the lower court,
Appeal from the judgment of trial court finding for the
jointly and severally against the defendants. committed no error in rendering a joint and several
defendant
judgment against the defendants. As recognized by
ISSUE Section 6 of Act 277 of the Philippine Commission:
FACTS
WON the defendants, regardless of their participation in “Every author, editor, or proprietor * * * is chargeable
- The plaintiff-appellant, Chapman, desired to board a
the commission of the actual tort, may be held jointly with the publication of any words in any part * * * or
certain "San Marcelino" car coming from Sta. Ana and
and severally liable as joint tortfeasors number of each newspaper, as fully as if he were the
bound for Manila. Being told by his friend that the car
author of the same.
was approaching, he immediately, and somewhat
HELD Disposition Judgment of the lower court modified.
hurriedly, passed into the street for the purpose of
YES. Ocampo, Kalaw, Palma, Arellano, Jose, Lichauco,
signaling and boarding the car. The car was a closed
Ratio Joint tortfeasors are all the persons who Barretto, and Cansipit held jointly and severally liable
one, the entrance being from the front or the rear
command, instigate, promote, encourage, advise, for the sum of P25, 000 with interest at 6%. Santos
platform. Plaintiff attempted to board the front platform
countenance, cooperate in, aid or abet the commission absolved from any liability.
but, seeing that he could not reach it without extra
of a tort, or who approve of it after it is done, if done for
exertion, stopped beside the car, facing toward the rear
their benefit. ARELLANO, C.J. and MAPA, J. [concurring]
platform, and waited for it to come abreast of him in
Joint tortfeasors are jointly and severally liable for the - We concur, except with reference to the liability
order to board. While in this position he was struck
tort which they commit. They are each liable as imposed upon Lichauco. The real owner and founder,
from behind and run over by the defendant's
principals, to the same extent and in the same manner Ocampo, explicitly stated that the other so-called
(Underwood) automobile.
as if they had performed the wrongful act themselves. founders subscribed and paid sums of money to aid the
- The defendant entered Calle Herran at Calle
***If several persons jointly commit a tort, the plaintiff paper but as to Lichauco, he offered to contribute, but
Peñafrancia in his automobile driven by his chauffeur, a
or person injured, has his election to sue all or some of did not carry out his offer and in fact paid nothing. It is
competent driver. A street car bound from Manila to
the parties jointly, or one of them separately, because incomprehensible how one could claim the right or title
Sta. Ana being immediately in front of him, he followed
tort is in its nature a separate act of each individual. to share the earnings or profits of a company when he
along behind it. Just before reaching the scene of the
Reasoning Defendants fail to recognize that the basis had put no capital into it, neither is it comprehensible
accident the street car which was following took the
of the present action is a tort. They fail to recognize the how one could share in the losses thereof, and still less
switch (there was a single-track street-car line running
universal doctrine that each joint tortfeasor is not only incur liability for damages on account of some act of
along Calle Herran, with occasional switches to allow
individually liable for the tort in which he participates, the said company, an unrestricted liability to the extent
cars to meet and pass each other)- that is, went off the
but is also jointly liable with his tortfeasors. The of all his property, as though he were a regular general
main line to the left upon the switch lying alongside of
defendants might have been sued separately for the partner when he was not such.
the main track. Thereupon the defendant either kept
commission of the tort. They might have sued jointly
straight ahead on the main street-car track or a bit to
and severally, as they were. It is not necessary that the TORRES [dissenting in part]
the right. The car which the plaintiff intended to board
cooperation should be a direct, corporeal act. **note: - I concur in regard to the defendants Ocampo and
was on the main line and bound in an opposite
Ponente used examples of torts as held under common Kalaw, but dissent as regards Palma, Arellano, Jose,
direction to that in which the defendant was going.
law** (In a case of assault and battery committed by Lichauco, Barretto, and Cansipit for they had neither
When the front of the "San Marcelino" car was almost in
various persons, under the common law, all are direct nor indirect participation in the act that gave rise
front of the defendant's automobile, defendant's driver
principals). So also is the person who counsels, aids, or to the present suit for damages, nor were they owners
suddenly went to the right and struck and ran over the
assists in any way the commission of a wrong. Under or proprietors of the newspaper, its press or other
plaintiff.
the common law, he who aided, assisted or counseled, equipment. They were donors who merely contributed
- The judgment of the trial court was for defendant.
in any way the commission of a crime, was as much a a sum of money, as a genuine gift, for the purpose of
principal as he who inflicted or committed the actual founding, editing, and issuing the said newspaper, it is
ISSUE
tort. improper to deduce that the contributors formed a
WON Underwood is responsible for the negligence of
- Joint tortfeasors are jointly and severally liable for the company of either a civil or commercial nature.
his driver.
tort which they commit. The person injured may sue all - After Ocampo had accepted the various amounts
of them, or any number less than all. Each is liable for proffered, the donors ceased to be the owners of and
HELD
the whole damage caused by all, and altogether jointly surrendered all right to the money donated and to the
NO.
liable for the whole damage. It is no defense for one objects that were acquired therewith. Therefore they
Ratio An owner who sits in his automobile or other
sued alone, that the others who participated in the can not incur, jointly and severally with the director and
vehicle, and permits his driver to continue in a violation
wrongful act are not joined with him as defendants; nor manager.
of the law by the performance of negligent acts, after
is it any excuse for him that his participation in the tort
he has had a reasonable opportunity to observe them
was insignificant as compared with that of the others. CHAPMAN V UNDERWOOD and to direct that the driver cease therefrom, becomes
- The courts during the trial may find that some of the
27 Phil 374 himself responsible for such acts. On the other hand, if
alleged joint tortfeasors are liable and that others are
the driver, by a sudden act of negligence, and without
torts & damages A2010 - 85 - prof. casis
the owner having a reasonable opportunity to prevent car of the Caedos’ approaching from the opposite Decision modified. Yu Khe Thai is free from
the act or its continuance, injures a person or violates lane. As he did so the curved end of his car's liability
the criminal law, the owner of the automobile, although right rear bumper caught the forward rim of the
present herein at5 the time the act was committed, is
rig's left wheel, wrenching it off and carrying it CAEDO v. YU KHE THAI
not responsible, either civilly or criminally, therefore.
The act complained of must be continued in the along as the car skidded obliquely to the other GR No. L-20392
presence or the owner for such a length of time that lane, where it collided with the oncoming vehicle. MAKALINTAL; December 18, 1968
the owner by his acquiescence, makes his driver’s act - The Caedos were injured. They filed a suit for
his own. recovery of damages against Bernardo and Yu FACTS
Reasoning Defendant's driver was guilty of negligence Khe Thai. The CFI ruled in favor of the Caedos - Marcial was driving his Mercury car on his way from
in running upon and over the plaintiff. He was passing and held Bernardo and Yu solidarily liable. his home in Quezon City to the airport, where his son
an oncoming car upon the wrong side. Ephraim was scheduled to take a plane for Mindoro.
- The plaintiff needed only to watch for cars coming With them in the car were Mrs. Caedo and three
from his right, as they were the only ones under the law ISSUES daughters. Coming from the opposite direction was the
permitted to pass upon that side of the street car. WON Yu Khe Thai should be held solidarily liable Cadillac of Yu Khe Thai, with his driver Rafael Bernardo
- in the case of Johnson vs. David, the driver does not as Bernardo’s employer at the wheel, taking the owner from his Parañaque
fall within the list of persons in Art.1903 of the Civil home to Wack Wack.
Code for whose acts the defendant would be - The two cars were traveling at fairly moderate speeds,
responsible.
HELD considering the condition of the road and the absence
Although in the David case the owner of the vehicle No. of traffic — the Mercury at 40 to 50 kilometers per
was not present at the time the alleged negligent acts - Bernardo had no record of any traffic violation. hour, and the Cadillac at approximately 48 to 56
were committed by the driver, the same rule applies No negligence of having employed him maybe kilometers. Their headlights were mutually noticeable
where the owner is present, unless the negligent act of imputed to his master. from a distance. Ahead of the Cadillac, going in the
the driver are continued for such a length of time as to - Negligence on the employer’s part, if any, must same direction, was a caretella owned by a certain
give the owner a reasonable opportunity to observe be sought in the immediate setting,, that is, in his Pedro Bautista. The carretela was towing another horse
them and to direct his driver to desist therefrom. by means of a short rope coiled around the rig's vertical
failure to detain the driver from pursuing a
- it appears with fair clearness that the interval post on the right side and held at the other end by
between the turning out to meet and pass the street
course which not only gave him clear notice of Pedro's son, Julian Bautista.
car and the happening of the accident was so small as the danger but also sufficient time to act upon it. - Rafael Bernardo testified that he was almost upon the
not to be sufficient to charge defendant with the - No negligence can be imputed. The car was rig when he saw it in front of him, only eight meters
negligence of the driver. running at a reasonable speed. The road was away. This is the first clear indication of his negligence.
wide and open. There was no reason for Yu to be The carretela was provided with two lights, one on each
DISPOSITION specially alert. He had reason to rely on the skill side, and they should have given him sufficient warning
The judgment appealed from is affirmed. of his driver. The time element was such that to take the necessary precautions. And even if he did
not notice the lights, as he claimed later on at the trial,
there was no reasonable opportunity for Yu Khe
CAEDO V YU KHE THAI Thai to assess the risks involved and warn the
the carretela should anyway have been visible to him
from afar if he had been careful, as it must have been
GR NO. L-20392 driver accordingly. in the beam of his headlights for a considerable while.
MAKALINTAL; December 18, 1968 - The law does not require that a person must - In the meantime the Mercury was coming on its own
possess a certain measure of skill or proficiency lane from the opposite direction. Bernardo, instead of
NATURE either in the mechanics of driving or in the slowing down or stopping altogether behind the
Petition for review of the decision of the CFI of observance of traffic rules before he may own a carretela until that lane was clear, veered to the left in
motor vehicle. The test of his intelligence, within order to pass. As he did so the curved end of his car's
Iloilo
right rear bumper caught the forward rim of the rig's
the meaning of Article 2184, is his omission to do
left wheel, wrenching it off and carrying it along as the
FACTS that which the evidence of his own senses tells car skidded obliquely to the other lane, where it
- Bernardo is the driver of Yu Khe Thai. He was him he should do in order to avoid the accident. collided with the oncoming vehicle. On his part Caedo
driving the latter’s Cadillac along highway 54. On And as far as perception is concerned, absent a had seen the Cadillac on its own lane; he slackened his
the other side of the road, Caedo was driving his minimum level imposed by law, a maneuver that speed, judged the distances in relation to the carretela
Mercury car. He was with his family. appears to be fraught with danger to one and concluded that the Cadillac would wait behind.
- A carretela was in front of the Cadillac. passenger may appear to be entirely safe and Bernardo, however, decided to take a gamble — beat
commonplace to another the Mercury to the point where it would be in line with
Bernardo did not see the carretela from afar.
the carretela, or else squeeze in between them in any
When he approached the carritela, he decided to case. It was a risky maneuver either way, and the risk
overtake it even though he had already seen the DISPOSITIVE should have been quite obvious.
torts & damages A2010 - 86 - prof. casis
- It was already too late to apply the brakes when car owners who, by -their very inadequacies, have real defense was sustained by the lower court and, as a
Bernardo saw the carretela only eight meters in front of need of drivers' services, would be effectively consequence, it only convicted Dante Capuno to pay
him, and so he had to swerve to the left in spite of the proscribed. the damages claimed in the complaint. From this
presence of the oncoming car on the opposite lane. As - Rafael Bernardo had no record of violation of traffic decision, plaintiff appealed to the Court of Appeals but
it was, the clearance Bernardo gave for his car's right laws and regulations. No negligence for having the case was certified to the Supreme Court on the
side was insufficient. Its rear bumper, as already employed him at all may be imputed to his master. ground that the appeal only involves questions of law.
stated, caught the wheel of the carretela and wrenched Negligence on the part of the latter, if any, must be
it loose. Caedo, confronted with the unexpected sought in the immediate setting and circumstances of It appears that Dante Capuno was a member of the Boy
situation, tried to avoid the collision at the last moment the accident, that is, in his failure to detain the driver Scouts Organization and a student of the Balintawak
by going farther to the right, but was unsuccessful. The from pursuing a course which not only gave him clear Elementary School situated in a barrio in the City of San
photographs taken at the scene show that the right notice of the danger but also sufficient time to act upon Pablo and on March 31, 1949 he attended a parade in
wheels of his car were on the unpaved shoulder of the it. We do not see that such negligence may be imputed. honor of Dr. Jose Rizal in said city upon instruction of
road at the moment of impact. The car was not running at an unreasonable speed. The the city school's supervisor. From the school Dante,
road was wide and open, and devoid of traffic that early with other students, boarded a jeep and when the same
ISSUE morning. There was no reason for the car owner to be started to run, he took hold of the wheel and drove it
1. WON defendant Rafael Bernardo is liable for the in any special state of alert. He had reason to rely on while the driver sat on his left side. They have not gone
accident. the skill and experience of his driver. The time element far when the jeep turned turtle and two of its
2. If YES, WON his employer, defendant Yu Khe Thai, is was such that there was no reasonable opportunity for passengers, Amado Ticzon and Isidoro Caperiña, died
solidarily liable with him. Yu Khe Thai to assess the risks involved and warn the as a consequence. It further appears that Delfin
driver accordingly. Capuno, father of Dante, was not with his son at the
HELD DISPOSITION Judgment appealed from is modified in time of the accident, nor did he know that his son was
1. YES. There is no doubt at all that the collision was the sense of declaring defendant-appellant Yu Khe Thai going to attend a parade. He only came to know it
directly traceable to Rafael Bernardo's negligence and free from liability, and is otherwise affirmed with when his son told him after the accident that he
that he must be held liable for the damages suffered by respect to defendant Rafael Bernardo, with costs attended the parade upon instruction of his teacher.
the plaintiffs. against the latter.
Plaintiff contends that defendant Delfin Capuno is liable
2. NO. If the causative factor was the driver's for the damages in question jointly and severally with
SABINA EXCONDE vs. DELFIN CAPUNO
negligence, the owner of the vehicle who was present is his son Dante because at the time the latter committed
likewise held liable if he could have prevented the and DANTE CAPUNO the negligent act which resulted in the death of the
mishap by the exercise of due diligence. G.R. No. L-10068-70 June 29, 1957 victim, he was a minor and was then living with his
- The basis of the master's liability in civil law is not BAUTISTA ANGELO, J.: father, and inasmuch as these facts are not disputed,
respondent superior but rather the relationship of the civil liability of the father is evident. And so, plaintiff
paterfamilias. The theory is that ultimately the contends, the lower court erred in relieving the father
FACTS
negligence of the servant, if known to the master and from liability.
susceptible of timely correction by him, reflects his own
Dante Capuno, son of Delfin Capuno, was accused of
negligence if he fails to correct it in order to prevent ISSUE
double homicide through reckless imprudence for the
injury or damage.
death of Isidoro Caperiña and Amado Ticzon on March
- The test of imputed negligence under Article 2184 of Whether defendant Delfin Capuno can be held civilly
31, 1949 in the Court of First Instance of Laguna.
the Civil Code is, to a great degree, necessarily liable, jointly and severally with his son Dante, for
During the trial, Sabina Exconde, as mother of the
subjective. Car owners are not held to a uniform and damages resulting from the death of Isidoro Caperiña
deceased Isidoro Caperiña, reserved her right to bring a
inflexible standard of diligence as are professional caused by the negligent act of minor Dante Capuno.
separate civil action for damages against the accused.
drivers.
After trial, Dante Capuno was found guilty of the crime
- The law does not require that a person must possess a RULING
charged and, on appeal, the Court of Appeals affirmed
certain measure of skill or proficiency either in the YES.12
the decision. Dante Capuno was only fifteen (15) years
mechanics of driving or in the observance of traffic
old when he committed the crime.
rules before he may own a motor vehicle. The test of 12
The case involves an interpretation of Article 1903 of the Spanish Civil
his intelligence, within the meaning of Article 2184, is
In line with her reservation, Sabina Exconde filed the Code, paragraph 1 and 5, (school’s liability versus parental liability) which
his omission to do that which the evidence of his own provides:
present action against Delfin Capuno and his son Dante
senses tells him he should do in order to avoid the "ART. 1903. The obligation imposed by the next preceding articles is
Capuno asking for damages in the aggregate amount of enforceable not only for personal acts and omissions, but also for those of
accident. And as far as perception is concerned, absent
P2,959.00 for the death of her son Isidoro Caperiña. persons for whom another is responsible.
a minimum level imposed by law, a maneuver that
Defendants set up the defense that if any one should
appears to be fraught with danger to one passenger The father, and, in case of his death or incapacity, the mother, are liable
be held liable for the death of Isidoro Caperiña, he is for any damages caused by the minor children who live with them.
may appear to be entirely safe and commonplace to
Dante Capuno and not his father Delfin because at the
another. Were the law to require a uniform standard of xxx xxx xxx
time of the accident, the former was not under the
perceptiveness, employment of professional drivers by Finally, teachers or directors of arts and trades are liable for any damages
control, supervision and custody of the latter. This caused by their pupils or apprentices while they are under their custody."
torts & damages A2010 - 87 - prof. casis
I believe we should affirm the judgment relieving to Pepito Cadano, also a minor, liable under Art. 2180
RATIO the father of liability. I can see no sound reason for of the new Civil Code for damages.
Parents shall be liable for the tortious conduct of their limiting Art. 1903 of the old Civil Code to teachers of
minor children living with them although at the time of arts and trades and not to academic ones. What Facts: Pepito Cadano and Rico Fuellas, son of
the tort, the children were under the direct control or substantial difference is there between them in so far defendant-appellant Agapito Fuellas, were both 13
supervision of an academic institution. (THIS IS A as concerns the proper supervision and vigilance over years old, on September 16, 1954. They were
LANDMARK DOCTRINE, WHICH WAS LATER MODIFIED their pupils? It cannot be seriously contended that an classmates at St. Mary's High School, Dansalan City.
BY J CRUZ IN AMADORA VS. COURT OF APPEALS) academic teacher is exempt from the duty of watching They had a quarrel that lead to Pepito’s injury, his right
that his pupils do not commit a tort to the detriment of arm was broken after Rico pushed him on the ground.
REASONING third persons, so long as they are in a position to It is contended that in the decision of the
The provision “Teachers or directors of arts and exercise authority and supervision over the pupil. In my Court of Appeals, the petitioner-appellant was ordered
trades are liable for any damages caused by their opinion, in the phrase "teachers or heads of