Spouses Africa v.

Caltex
Facts:

A tank truck was hosing gasoline into the underground storage of Caltex. Apparently, a
fire broke out from the gasoline station and the fire spread and burned several houses including
the house of Spouses Bernabe and Soledad Africa. Allegedly, someone threw a cigarette while
gasoline was being transferred which caused the fire. But there was no evidence presented to prove
this theory and no other explanation can be had as to the real reason for the fire. Apparently also,
Caltex and the branch owner failed to install a concrete firewall to contain fire if in case one
happens.
Issue:
Whether or not Caltex and Boquiren are liable to pay for damages.
Decision:
Yes. This is pursuant to the application on the principle of res ipsa loquitur which states
that: “where the thing which caused injury, without fault of the injured person, is under the
exclusive control of the defendant and the injury is such as in the ordinary course of things does
not occur if he having such control use proper care, it affords reasonable evidence, in the absence
of the explanation, that the injury arose from defendant’s want of care.” The gasoline station, with
all its appliances, equipment and employees, was under the control of Caltex and Boquiren. A fire
occurred therein and spread to and burned the neighboring houses. The persons who knew or could
have known how the fire started were Boquiren, Caltex and their employees, but they gave no
explanation thereof whatsoever. It is a fair and reasonable inference that the incident happened
because of want of care.
Res ipsa loquitur is the exception because the burden of proof is shifted to the party charged
of negligence as the latter is the one who had exclusive control of the thing that caused the injury
complained of.