Cadiente vs. Macas | Quisumbing G. R. No.

161946, November 14, 2008 | FACTS ‡ At the intersection of Buhangin and San Vicente Streets, respondent Bithuel Macas,a 15-year old high school student, was standing on the shoulder of the road. ‡ He was bumped and ran over by a Ford Fiera, driven by Chona Cimafranca.Cimafranca then rushed Macas to the Davao Medical Center. ‡ Mathas suffered severe muscular and major vessel injuries in both thighs and otherparts of his legs. In order to save his life, the surgeon had to amputate both legs upto the groins. ‡ Cimafranca had since absconded and disappeared. However, records showed thatthe Ford Fiera was registered in the name of Atty. Medardo Cadiente. ‡ Cadiente claimed that when the accident happened, he was no longer the owner of the said Ford Fiera. He allegedly sold it to Engr. Jalipa. ‡ Macas¶ father filed a complaint for torts and damages against Cimafranca andCadiente. ‡ Trial court ruled in favor of Macas. Affirmed by the CA. ISSUES & ARGUMENTSW/N there was contributory negligence on the part of Macas? HOLDING & RATIO DECIDENDINO. ‡ The underlying precept on contributory negligence is that a plaintiff who is partly responsible for his own injury should not be entitled to recover damages in full, butmust proportionately bear the consequences of his own negligence. The defendantis thus held liable only for the damages actually caused by his negligence. ‡ In this case, when the accident happened, Macas was standing on the shoulder, which was the uncemented portion of the highway. The shoulder was intended forpedestrian use. Only stationary vehicles, such as those loading or unloading passengers may use the shoulder. Running vehicles are not supposed to passthrough the said uncemented portion of the highway.

inexplicably swerved to the shoulder. without so much as slowing down. . ‡ Since the Ford Fiera was still registered in the petitioner¶s name at the time themisfortune took place. andrecklessly bumped and ran over an innocent victim. the Ford Fiera in this case. Cadiente cannot escape liability for the permanent injury itcaused the respondent. CADIENTE STILL LIABLE.‡ However. took off from the cemented part of the highway. Macas was just where he shouldbe when the unfortunate event transpired.