1.

existed in the condition except because of the independent cause,

such condition was not the proximate cause. And if an independent
negligent act sets into operation the circumstances, which result in
the injury because of the prior defective condition, such subsequent
act or condition is the proximate cause.
2. The SC agreed with Manila Electric when it argued that it was
Magno’s own negligence that caused his death.

a.) The electric wire in question was already installed there 2 years
before the stepbrother’s house was constructed.

b.) Before the house was constructed, the city authorities told the
home owner that he can only build one meter of media agua
given that there are live wires near his window. However, he
exceeded the permitted size.

c.) As to Magno, the wires were at a considerable distance away

from the media agua, that it could not have been touched if
Magno was not carrying something long enough to reach the
wires.

d.) Magno was not a boy or a person immature in relation to his

work. He is a trained tinsmith, well experienced in the repair of
GI roofs and media agua.

e.) He knew that there were live wires near the area where he was
working but he did not take caution as he turned around. He
should have known better to check first whether the GI sheet he
was holding would touch the live wires.

Torts and Damages | Atty. Kim Dayag | PLS Summer Class 2019