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DIGESTED CASES
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HANGMAN S U N D AY, D E C E M B E R 7 , 2 0 0 8

Umali vs. Bacani

TEODORO C. UMALI vs. HON. ANGEL BACANI (Judge, CFI


Pangasinan) and FIDEL H. SAYNES
G.R. No. L-40570. 30 January 1976.
Petition for certiorari to review the decision of the CFI of Pangasinan.
_________
Esguerra, J.:

LABELS Facts: On May 14, 1972, a storm with strong rain hit the Municipality of Alcala
Special Commercial Pangasinan. During the storm, the banana plants standing near the transmission
Law/General Banking Act line of the Alcala Electric Plant (AEP) were blown down and fell on the electric
2000 wire. The live electric wire was cut, one end of which was left hanging on the
Torts and Damages electric post and the other fell to the ground. The following morning, barrio
captain saw Cipriano Baldomero, a laborer of the AEP, asked him to fix it, but the
latter told the barrio captain that he could not do it but that he was going to look
BLOG ARCHIVE for the lineman to fix it. Sometime thereafter, a small boy of 3 years and 8 months
► 2009 (30) old by the name of Manuel P. Saynes, whose house is just on the opposite side of
the road, went to the place where the broken line wire was and got in contact with
▼ 2008 (32)
it. The boy was electrocuted and he subsequently died. It was only after the
► 12/14 - 12/21 (4)
electrocution that the broken wire was fixed.
▼ 12/07 - 12/14 (8)
Farrales vs. City Mayor Issues: (1) WON the proximate cause of the boy's death is due to a fortuitous
of Baguio, et. al. event- storm; (2) WON boy’s parents’ negligence exempts petitioner from
COCA-COLA liability.
BOTTLERS
PHILIPPINES, INC. Ruling: Decision affirmed.
vs. CA and MS... (1) A careful examination of the records convinces the SC that a series of
negligence on the part of defendants' employees in the AEP resulted in the death
GABETO VS. ARANETA
of the victim by electrocution. With ordinary foresight, the employees of the
TEAGUE VS.
petitioner could have easily seen that even in case of moderate winds the electric
FERNANDEZ
line would be endangered by banana plants being blown down.
Salen vs. Balce (2) Art. 2179 CC provides that if the negligence of the plaintiff (parents of the
Umali vs. Bacani victim in this case) was only contributory, the immediate and proximate cause of
the injury being the defendants' (petitioners’) lack of due care, the plaintiff may
Bernardo vs. Legaspi
recover damages, but the courts shall mitigate the damages to be awarded. This
Paleyan vs. Bangkili law may be availed of by the petitioner but does not exempt him from liability.

► 11/30 - 12/07 (6) Petitioner's liability for injury caused by his employees negligence is well defined
in par. 4, of Article 2180 of the Civil Code.
► 11/23 - 11/30 (3)

► 11/16 - 11/23 (3) *Dan'q

► 11/09 - 11/16 (8) P O S T E D B Y B R AT S Y J U S T I C E AT 6 : 0 6 P M


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