DOCTRINE OF LAST CLEAR CHANCE

(DOCTRINE OF DISCOVERED PERIL or DOCTRINE OF

SUPERVENING NEGLIGENCE)

This is also called as the “Humanitarian Negligence

Doctrine.” Where both parties are negligent but the

negligent act of one succeeds that of the other by an

appreciable interval of time, the one who has the last

reasonable opportunity to avoid the impending harm and

fails to do so, is chargeable with the consequences,

without reference to the prior negligence of the other

party (Picart v. Smith, G.R. No. L-12219, March 15, 1918).

The doctrine of last clear chance is a theory adopted to

mitigate the harshness of the contributory negligence of

the plaintiff (Phoenix Construction Inc. v. IAC, G.R. No. L-

65295, March 10, 1987).