DEFENSES IN NEGLIGENCE

CASES
Chapter Six
Pages 262 – 299
Torts and Damages
Author: Timoteo B. Aquino
OVERVIEW
DEFENSES IN NEGLIGENCE CASES
I – Plaintiff’s/Victim’s conduct
Plaintiff's/ victim’s own negligence is the
proximate cause
Contributory Negligence
Violation of Statute by victim or his agent
Assumption of risk
II – Fortuitous Event
III – Prescription
IV – Involuntariness
OVERVIEW
DEFENSES IN NEGLIGENCE CASES

V – Others not covered in the text

Act or omission of the defendant is not the proximate
cause of the damage
Due diligence on the part of the defendant
Concurrent negligence
Last Clear Chance Doctrine
Emergency Rule
Damnun Absque Injuria
Proscription against double jeopardy
Other grounds which are grounds for motion to dismiss
a case under the rules.
OVERVIEW
DEFENSES IN NEGLIGENCE CASES

VI – Other grounds which are grounds for motion to dismiss a case

under the Rules of Court or provisions of law
Lack of jurisdiction over the person of the defendant
Lack of jurisdiction over the subject matter
Venue improperly laid
Plaintiff has no legal capacity to sue
Res judicata – there is another action pending the same party for the same cause
Res judicata – cause of action is barred by prior judgment / statute of limitations
Claim set forth I pleading has been paid, waived, abandoned, extinguished
Claim is unenforceable under the provisions of statute of fraud
Condition precedent for the filing of claim has not been complied with (i.e.
earnest efforts towards compromise between members of the same family,
referral to the Katarugang Pambarangay, exhaustion of administrative remedies,
etc.)
ASYNCHRONOUS TASK:
1. Manila v. Remoquillo. G.R. No. L-8328.  May 18,
1956.
2. Bernal v. House. G.R. No. L-30741. January 30,
1930
3. Genobiagon v. CA. G.R. No. L-40452. October 12,
1989
4. Phoenix v. IAC. G.R. No. L-65295. March 10, 1987
5. Juntilla v. Fontanar. G.R. No. L-45637. May 31,
1985
6. Servando v. Philippine Steam. G.R. No. L-36481-2
October 23, 1982
7. Afialda v. Hisole. G.R. No. L-2075.November 29,