102 De Roy v CA (1988) [Primary Liability – Building proprietors]

De Roy v CA

G. R. No. 80718

January 29, 1988

Facts: The fire wall of a burned-out building owned by De Roy collapsed and destroyed the tailor shop
occupied by the Bernal Family leading to injury and the death of Marissa Bernal, a daughter. The Bernal’s
have already been warned by De Roy to vacate their shop in view of its proximity to the weakened wall
but they failed to do so. The RTC ruled that De Roy is guilty of gross negligence. De Roy appealed but
the decision of the RTC was affirmed by the CA.

Issue: WON the courts erred in ruling that De Roy should be liable for gross negligence

Held: The Court holds that De Roy is liable for the injury and death of the daughter of Bernal under Article
2190 of the Civil Code, which provides that the proprietor of a building or structure is responsible for the
damage resulting from its total or partial collapse, if it should be due to lack of necessary repairs . Even if
De Roy argues that the Bernals had the last clear chance to avoid the accident if only they heeded the
warning of De Roy to vacate the tailor shop. The doctrine of last clear chance which has been applied to
vehicular accidents is inapplicable in this case.