DOCTRINE OF RES IPSA LOQUITUR

Layugan vs IAC
G.R. No. 73998 November 14, 1988

Facts:

While Layugan and his companion were repairing the tire of their cargo truck
parked along the right side of the National Highway, an Isuzu truck owned by
Isidro and driven recklessly by Serrano bumped the rear of the parked truck.
Consequently, Layugan sustained injuries resulting to the amputation of his left
leg. Layugan then filed an action for damages against Isidro while the latter
filed a third party complaint against Travellers Multi-Indemnity Corporation for
indemnity and subrogation by virtue of their insurance contract. Isidro
contended that the proximate cause of the incident was the failure of the
driver of the parked truck in installing an early warning device. Invoking the
doctrine of Res Ipsa Loquitur, Isidro claimed that absent any proof that the
driver and Layugan provided an early warning device like that required by law
would envoke the presumption of negligence on the part of the driver of the
parked cargo truck and Layugan.

Issue: Whether the doctrine of Res Ipsa Loquitur applies in this case.

Held:

No.

The doctrine of Res Ipsa Loquitur can be invoked when and only when, under
the circumstances involved, direct evidence is absent and not readily available.
It cannot be availed of, or overcome, where plaintiff has knowledge and
testifies or presents evidence as to the specific act of negligence which is the
cause of the injury complained of or where there is direct evidence as to the
precise cause of the accident and all the facts and circumstances attendant to
the occurrence clearly appear.

In this case, an early warning device, in the form of a lighted kerosene lamp,
was installed by the driver of the parked truck three to four meters from the
rear of his parked truck. Moreover, Serrano readily admitted that he failed to
notice the early warning device and the parked truck ahead of him.

WHEREFORE, the petition is hereby GRANTED.