2177-2179 Digests PDF

TORTS and DAMAGES Atty.
ESPEJO
BATACLAN vs MEDINA (102 Phil 181) By: Hanna FACTS: Shortly after midnight, on September 13, 1952, a bus of Medina Transportation, operated by its owner, Mariano Medina, left the town of Amadeo Cavite on its way to Pasay City, driven by its regular chauffeur, Conrado Saylon. There were about eighteen passengers, including the driver and conductor. Among the passengers were Juan Bataclan, seated beside and to the right of the driver, Felipe Lara, seated to the right of Bataclan, another passenger apparently whom the witnesses just called Visaya, apparently not knowing his name, seated in the left side of the driver, and a woman named Natalia Villanueva, seated just behind the four last mentioned. At about 2:00 o'clock that same morning, while the bus was running within the jurisdiction of Imus, Cavite, one of the front tires burst and the vehicle began to zig-zag until it fell into a canal or ditch on the right side of the road and turned turtle. Some of the passengers managed to leave the bus the best way they could, others had to be helped or pulled out, while the three passengers seated beside the driver, named Bataclan, Lara and the Visayan and the woman behind them named Natalia Villanueva, could not get out of the overturned bus. Some of the passengers, after they had clambered up to the road, heard groans and moans from inside the bus, particularly, shouts for help from Bataclan and Lara, who said they could not get out of the bus. There is nothing in the evidence to show whether or not the passengers already free from the wreck, including the driver and the conductor, made any attempt to pull out or extricate and rescue the four passengers trapped inside the vehicle, but calls or shouts for help were made to the houses in the neighborhood. After half an hour, came about ten men, one of them carrying a lighted torch made of bamboo with a wick on one end, evidently fueled with petroleum. These men presumably approach the overturned bus, and almost immediately, a fierce fire started, burning and all but consuming the bus, including the four passengers trapped inside it. It would appear that as the bus overturned, gasoline began to leak and escape from the gasoline tank on the side of the chassis, spreading over and permeating the body of the bus and the ground under and around it, and that the lighted torch brought by one of the men who answered the call for help set it on fire. That same day, the charred bodies of the four deemed passengers inside the bus were removed and duly identified that of Juan Bataclan. By reason of his death, his
3 MANRESA CLASS CASE DIGESTS

widow, Salud Villanueva, in her name and in behalf of her five minor children, brought the present suit to recover from Mariano Medina compensatory, moral, and exemplary damages and attorney's fees in the total amount of P87,150. After trial, the Court of First Instance of Cavite awarded P1,000 to the plaintiffs plus P600 as attorney's fee, plus P100, the value of the merchandise being carried by Bataclan to Pasay City for sale and which was lost in the fire. The trial court was of the opinion that the proximate cause of the death of Bataclan was not the overturning of the bus, but rather, the fire that burned the bus, including himself and his co-passengers who were unable to leave it; that at the time the fire started, Bataclan, though he must have suffered physical injuries, perhaps serious, was still alive, and so damages were awarded, not for his death, but for the physical injuries suffered by him. ISSUES: 1 Whether or not the proximate cause of the death of Bataclan was not the overturning of the bus, but rather, the fire that burned the bus. Whether or not the carrier was negligent.
2 RULING:
1. No. As to the first issue, the court disagrees to the opinion of the trial court that the proximate cause of the death of Bataclan was not the overturning of the bus, but rather, the fire that burned the bus, including himself and his copassengers who were unable to leave it. A satisfactory definition of proximate cause is found in Volume 38, pages 695-696 of American jurisprudence, cited by plaintiffsappellants in their brief. It is as follows: . . . 'that cause, which, in natural and continuous sequence, unbroken by any efficient intervening cause, produces the injury, and without which the result would not have occurred.' And more comprehensively, 'the proximate legal cause is that acting first and producing the injury, either immediately or by setting other events in motion, all constituting a natural and continuous chain of events, each having a close causal connection with its immediate predecessor, the final event in the chain immediately effecting the injury as a natural and probable result of the cause which first acted, under such circumstances that the person responsible for the first event should, as an ordinary prudent and intelligent person, have reasonable ground to expect at the moment of his act or default
TORTS and DAMAGES Atty. ESPEJO

that an injury to some person might probably result therefrom. The Court does not hesitate to hold that the proximate cause was the overturning of the bus, this for the reason that when the vehicle turned not only on its side but completely on its back, the leaking of the gasoline from the tank was not unnatural or unexpected; that the coming of the men with a lighted torch was in response to the call for help, made not only by the passengers, but most probably, by the driver and the conductor themselves, and that because it was dark (about 2:30 in the morning), the rescuers had to carry a light with them, and coming as they did from a rural area where lanterns and flashlights were not available; and what was more natural than that said rescuers should innocently approach the vehicle to extend the aid and effect the rescue requested from them. In other words, the coming of the men with a torch was to be expected and was a natural sequence of the overturning of the bus, the trapping of some of its passengers and the call for outside help. As such the proximate cause of the death of Bataclan was the overturning of the bus through the negligence of the defendant and his agent. 2. Yes the carrier was negligent. The burning of the bus can also in part be attributed to the negligence of the carrier, through is driver and its conductor. According to the witness, the driver and the conductor were on the road walking back and forth. They, or at least, the driver should and must have known that in the position in which the overturned bus was, gasoline could and must have leaked from the gasoline tank and soaked the area in and around the bus, this aside from the fact that gasoline when spilled, specially over a large area, can be smelt and directed even from a distance, and yet neither the driver nor the conductor would appear to have cautioned or taken steps to warn the rescuers not to bring the lighted torch too near the bus. The failure of the driver and the conductor to have caution the rescuers not to bring lighted torch near the bus, constitutes negligence on the part of the agent under the provisions of the Civil Code, particularly, Article 1733, 1759, and 1763 thereof.

RODRIGUEZA vs MANILA RAILROAD (G.R. No. 15688) By: Mernil Nature of the Action: It is an action instituted jointly by Remigio Rodrigueza and three others to recover a sum of money from Manila Railroad Company as damages resulting from a fire kindled by sparks from a locomotive engine owned by the defendant company which caused the burning of the houses of the plaintiffs. Facts: Defendant Manila Railroad Company operates a line through the district of Daraga in the municipality of Albay, that on January 29, 1918, one of its trains passed over said line and a great quantity of sparks were emitted from the smokestack of the locomotive and fire was thereby communicated to four houses nearby belonging to the four plaintiffs respectively and the same were entirely consumed. It is alleged that the defendant Railroad Company was conspicuously negligent in relation to the origin of said fire in failing to exercise proper supervision over employees in charge of the locomotive, in allowing the locomotive which emitted these sparks to be operated without having the smokestack protected by some device for arresting sparks and in using a fuel of inferior quality. On the other hand, the sole ground which the defense is rested is that the house of Rodrigueza stood partly within the limits of the land owned by the defendant company. It further appears that after the railroad track was laid, the company notified Rodrigueza to get his house off the land of the company and to remove it from its exposed position. Rodrigueza did not comply with this suggestion, though he promised to put an iron roof on his house which he never did. Instead he changed the materials of the main roof to nipa, leaving the kitchen and media-aguas covered with cogon. Upon this fact it is contended that there was contributory negligence on the part of Remigio Rodrigueza in having his house partly on the premises of the Railroad Company, and for that reason the company is not liable. Issue: Whether or not Rodrigueza is guilty of contributory negligence Ruling: It is to be inferred that the house of Rodriguez already stood upon before the Railroad Company laid its line

over this course and there is no proof that Rodrigueza had unlawfully intruded upon the railroads property in the act of building his house. What really occurred undoubtedly is that the company upon making its extension had acquired the land only leaving the owner of the house free to remove it. Hence he cannot be considered to have been a trespasser in the beginning. Rather, he was there at the sufferance of the defendant company and so long as his house remained in its exposed position, he undoubtedly assumed the risk of any loss that might have resulted from fires occasioned by the defendans locomotives if operated and managed with ordinary care. But he cannot be held to have assumed the risk of any ldamage that might result from the unlawful acts of the defendant. Nobody is bound to anticipate and defend himself against the possible negligence of another. Rather he has a right to assume that the other will use the care of the ordinarily prudent man. In the situation under consideration the proximate and only cause of the damage that occurred was the negligent act of the defendant in causing the fire. The circumstance that Rodriguezas house was partly on theproperty of the defendant company and therefore in dangerous proximity to passing locomotives was an antecedent condition that may in fact have made the disaster possible, but the circumstance cannot be imputed to him as contributory negligence destructive of his right of action because, first, the condition was not created by himself, secondly, because his house remained on the area by toleration and therefore with the consent of the Railroad Company and thirdly, because even supposing the house to be improperly there, this fact would not justify the defendant in negligently destroying it. The circumstance that the defendant company, upon planting its line near the house of Rodrigueza, had requested him to remove it, did not convert his occupancy into trespass or impose upon him any additional responsibility over and above what the law itself imposes in such situation. In this connection it must be remembered that the company could at any time have removed said house in the exercise of the power of eminent domain but it elected not to do so. Therefore, a railroad company, admittedly guilty of negligence in allowing sparks to escape from a locomotive engine, by means whereof fire destroys houses near its track, is liable for the damage and the owner of a house thus consumed by the fire cannot be said to be guilty of contributory negligence, in relation to such fire merely because his house is built partly on the land of the railroad company especially where the house on the same spot prior to the laying of the railroad track.

MCKEE vs IAC (211 SCRA 517) By Gibb At around 9 to 10 a.m. in January 1977 in Pulong Pulo 1 Bridge, a head-on collision took place between an 2 3 International cargo truck, Loadstar , and a Ford Escort car resulting in the deaths of Jose Koh, Kim Koh McKee and Loida Bondoc, and physical injuries to George Koh McKee, Christopher Koh McKee and Araceli Koh McKee, all passengers of the Ford Escort. Immediately before the collision, the cargo truck, which was loaded with 200 cavans of rice weighing about 10,000 kilos, was traveling southward from Angeles City to San Fernando Pampanga, and was bound for Manila. The Ford Escort, on the other hand, was on its way to Angeles City from San Fernando. When the Ford Escort was about 10 meters away from the southern approach of the bridge, 2 boys suddenly darted from the right side of the road and into the lane of the car moving back and forth, unsure of whether to cross all the way to the other side or turn back. Jose Koh blew the horn of the car, swerved to the left and entered the lane of the truck. He then switched on the headlights of the car, applied the brakes and thereafter attempted to return to his lane. But before he could do so, his car collided with the Loadstar truck. The collision occurred in the lane of the Loadstar truck, which was the opposite lane, on the said bridge. As a result of the accident, 2 civil cases were filed for damages for the death and physical injuries sustained by the victims boarding the Ford Escort as well as a criminal case against Galang. During the trial, evidence revealed that the driver of the Truck was speeding resulting in the skid marks it caused in the scene of the accident. The lower court found Galang guilty in the criminal case, but the civil cases were dismissed. On appeal, the CA affirmed the conviction of Galang, and reversed the decision in the civil cases, ordering the payment of damages for the death and physical injuries of the McKee family. On MR, the CA reversed its previous decision and ruled in favor of the owners of the truck
1
along MacArthur Highway, between Angeles City and San Fernando, Pampanga 2 owned by Tayag and Manalo, driven by Galang 3 driven by Jose Koh

ISSUES & ARGUMENTS W/N the owner and driver of the Truck were responsible for the collision Ruling: THE PROXIMATE CAUSE OF THE COLLISION WAS THE SPEEDING OF THE TRUCK SHOWING ITS NEGLIGENCE Based on the test of negligence, no negligence could be imputed to Jose Koh. Any reasonable and ordinary prudent man would have tried to avoid running over the two boys by swerving the car away from where they were even if this would mean entering the opposite lane. Avoiding such immediate peril would be the natural course to take particularly where the vehicle in the opposite lane would be several meters away and could very well slow down, move to the side of the road and give way to the oncoming car. Moreover, under what is known as the emergency rule, "one who suddenly finds himself in a place of danger, and is required to act without time to consider the best means that may be adopted to avoid the impending danger, is not guilty of negligence, if he fails to adopt what subsequently and upon reflection may appear to have been a better method, unless the emergency in which he finds himself is brought about by his own negligence" Considering the sudden intrusion of the 2 boys into the lane of the car, the Court finds that Jose Koh adopted the best means possible in the given situation to avoid hitting them. Applying the above test, therefore, it is clear that he was not guilty of negligence In any case, assuming arguendo that Jose Koh is negligent, it cannot be said that his negligence was the proximate cause of the collision. Galang's negligence is apparent in the records. He himself said that his truck was running at 30 miles (48 kilometers) per hour along the bridge while the maximum speed allowed by law on a bridge is only 30 kilometers per hour. Under Article 2185 of the Civil Code, a person driving a vehicle is presumed negligent if at the time of the mishap, he was violating any traffic regulation Even if Jose Koh was indeed negligent, the doctrine of last clear chance finds application here. Last clear chance is a doctrine in the law of torts which states that the contributory negligence of the party injured will not defeat the claim for damages if it is shown that the defendant might, by the exercise of reasonable care and prudence, have avoided the consequences of the negligence of the injured party. In such cases, the person who had the last clear chance to avoid the mishap is considered in law solely responsible for the consequences thereof

Applying the foregoing doctrine, it is not difficult to rule that it was the truck driver's negligence in failing to exert ordinary care to avoid the collision which was in law, the proximate cause of the collision. As employers of the truck driver, Tayag and Manalo are, under Article 2180 of the Civil Code, directly and primarily liable for the resulting damages. The presumption that they are negligent flows from the negligence of their employee. That presumption, however, is only juris tantum, not juris et de jure. Their only possible defense is that they exercised all the diligence of a good father of a family to prevent the damage, which they failed to do.
TAYLOR vs MANILA (16 Phil 8) By; Shermin This is an action to recover damages for the loss of an eye and other injuries. The defendant is a foreign corporation engaged in the operation of a street railway and an electric light system in the city of Manila. Its power plant is situated at the eastern end of a small island in the Pasig River within the city of Manila, known as the Isla del Provisor. The power plant may be reached by boat or by crossing a footbridge, impassable for vehicles, at the westerly end of the island. The plaintiff, David Taylor, was at the time when he received the injuries complained of, 15 years of age, the son of a mechanical engineer, more mature than the average boy of his age, and having considerable aptitude and training in mechanics. On the 30th of September, 1905, plaintiff, with a boy named Manuel Claparols, about 12 years of age, crossed the footbridge to the Isla del Provisor, for the purpose of visiting one Murphy, an employee of the defendant, who and promised to make them a cylinder for a miniature engine. Finding on inquiry that Mr. Murphy was not in his quarters, the boys, impelled apparently by youthful curiosity and perhaps by the unusual interest which both seem to have taken in machinery, spent some time in wandering about the company's premises. After watching the operation of the travelling crane used in handling the defendant's coal, they walked across the open space in the neighborhood of the place where the company dumped in the cinders and ashes from its furnaces. Here they found some twenty or thirty brass fulminating caps scattered on the ground. These caps are approximately of the size and

appearance of small pistol cartridges and each has attached to it two long thin wires by means of which it may be discharged by the use of electricity. They are intended for use in the explosion of blasting charges of dynamite, and have in themselves a considerable explosive power. After some discussion as to the ownership of the caps, and their right to take them, the boys picked up all they could find, hung them on stick, of which each took end, and carried them home. After crossing the footbridge, they met a little girl named Jessie Adrian, less than 9 years old, and all three went to the home of the boy Manuel. The boys then made a series of experiments with the caps. They trust the ends of the wires into an electric light socket and obtained no result. They next tried to break the cap with a stone and failed. Manuel looked for a hammer, but could not find one. Then they opened one of the caps with a knife, and finding that it was filled with a yellowish substance they got matches, and David held the cap while Manuel applied a lighted match to the contents. An explosion followed, causing more or less serious injuries to all three. Jessie, who when the boys proposed putting a match to the contents of the cap, became frightened and started to run away, received a slight cut in the neck. Manuel had his hand burned and wounded, and David was struck in the face by several particles of the metal capsule, one of which injured his right eye to such an extent as to the necessitate its removal by the surgeons who were called in to care for his wounds. No measures seems to have been adopted by the defendant company to prohibit or prevent visitors from entering and walking about its premises unattended, when they felt disposed so to do. There is evidence that any effort ever was made to forbid these children from visiting the defendant company's premises, although it must be assumed that the company or its employees were aware of the fact that they not infrequently did so. ISSUE: Whether or not the plaintiff may recover damages. HELD: NO. Counsel for plaintiff relies on the doctrine laid down in many of the courts of last resort in the United States in the cases known as the "Torpedo" and "Turntable" cases which provide that: In a typical cases, the question involved has been whether a railroad company is liable for an injury received by an infant of tender years, who from mere idle curiosity, or for the purposes of amusement, enters upon the railroad company's premises, at a place where the railroad company knew, or had good reason to suppose, children would be likely to come, and there found explosive signal torpedoes left unexposed by the railroad company's employees, one of which when carried away by the visitor, exploded and

injured him; or where such infant found upon the premises a dangerous machine, such as a turntable, left in such condition as to make it probable that children in playing with it would be exposed to accident or injury therefrom and where the infant did in fact suffer injury in playing with such machine.In these, and in great variety of similar cases, the great weight of authority holds the owner of the premises liable. While we hold that the entry of the plaintiff upon defendant's property without defendant's express invitation or permission would not have relieved defendant from responsibility for injuries incurred there by plaintiff, without other fault on his part, if such injury were attributable to the negligence of the defendant, we are of opinion that under all the circumstances of this case the negligence of the defendant in leaving the caps exposed on its premises was not the proximate cause of the injury received by the plaintiff, which therefore was not, properly speaking, "attributable to the negligence of the defendant," and, on the other hand, we are satisfied that plaintiffs action in cutting open the detonating cap and putting match to its contents was the proximate cause of the explosion and of the resultant injuries inflicted upon the plaintiff, and that the defendant, therefore is not civilly responsible for the injuries thus incurred. In the case at bar, plaintiff at the time of the accident was a well-grown youth of 15, more mature both mentally and physically than the average boy of his age; he had been to sea as a cabin boy; was able to earn P2.50 a day as a mechanical draftsman thirty days after the injury was incurred; and the record discloses throughout that he was exceptionally well qualified to take care of himself. The evidence of record leaves no room for doubt that, despite his denials on the witness stand, he well knew the explosive character of the cap with which he was amusing himself. The series of experiments made by him in his attempt to produce an explosion, as described by the little girl who was present, admit of no other explanation. His attempt to discharge the cap by the use of electricity, followed by his efforts to explode it with a stone or a hammer, and the final success of his endeavors brought about by the application of a match to the contents of the caps, show clearly that he knew what he was about. Nor can there be any reasonable doubt that he had reason to anticipate that the explosion might be dangerous, in view of the fact that the little girl, 9 years of age, who was within him at the time when he put the match to the contents of the cap, became frightened and ran away. We are satisfied that the plaintiff in this case had sufficient capacity and understanding to be sensible of the danger to

which he exposed himself when he put the match to the contents of the cap; that he was sui juris in the sense that his age and his experience qualified him to understand and appreciate the necessity for the exercise of that degree of caution which would have avoided the injury which resulted from his own deliberate act; and that the injury incurred by him must be held to have been the direct and immediate result of his own willful and reckless act, so that while it may be true that these injuries would not have been incurred but for the negligence act of the defendant in leaving the caps exposed on its premises, nevertheless plaintiff's own act was the proximate and principal cause of the accident which inflicted the injury. The immediate cause of the explosion, the accident which resulted in plaintiff's injury, was in his own act in putting a match to the contents of the cap, and that having "contributed to the principal occurrence, as one of its determining factors, he cannot recover."
ISSUE: Whether or not plaintiffs contributory negligence can bar him from claiming damages. HELD: No, plaintiffs contributory negligence does not bar him from recovering damages from defendant, however, such contributory negligence operates to reduce defendants liability. There is nothing in the evidence to show that the plaintiff did or could see the displaced timber underneath the sleeper. The claim that he must have done so is a conclusion drawn from what is assumed to have been a probable condition of things not before us, rather than a fair inference from the testimony. The sagging of the track this plaintiff did perceive, but that was reported in his hearing to the foreman who neither promised nor refused to repair it. His lack of caution in continuing at his work after noticing the slight depression of the rail was not of so gross a nature as to constitute negligence, barring his recovery under the severe American rule. Both the officers of the company and three of the workmen testify that there was a general prohibition frequently made known to all the gang against walking by the side of the car, and the foreman swears that he repeated the prohibition before the starting of this particular load. If so, the disobedience of the plaintiff in placing himself in danger contributed in some degree to the injury as a proximate, although not as its primary cause. This conclusion presents sharply the question, What effect is to be given such an act of contributory negligence? Does it defeat a recovery, according to the American rule, or is it to be taken only in reduction of damages? Difficulty seems to be apprehended in deciding which acts of the injured party shall be considered immediate causes of the accident. The test is simple. Distinction must be between the accident and the injury, between the event itself, without which there could have been no accident, and those acts of the victim not entering into it, independent of it, but contributing under review was the displacement of the crosspiece or the failure to replace it. this produced the event giving occasion for damages that is, the shinking of the track and the sliding of the iron rails. To this event, the act of the plaintiff in walking by the side of the car did not contribute, although it was an element of the damage which came to himself. Had the crosspiece been out of place wholly or partly thorough his act of omission of duty, the last would have been one of the determining causes of the event or
RAKES vs. ATLANTIC GULF (7 Phil. 359) By: Carmel FACTS: Plaintiff is an employee of the defendant whose work is to transporting iron rails from a barge in the harbor to the company's yard near the malecon in Manila. The transport involves the use of three cars, upon which were piled lengthwise seven rails, each weighing 560 pounds, so that the ends of the rails lay upon two crosspieces or sills secured to the cars, but without side pieces or guards to prevent them from slipping off. According to the testimony of the plaintiff, the men were either in the rear of the car or at its sides. According to that defendant, some of them were also in front, hauling by a rope. At a certain spot at or near the water's edge the track sagged, the tie broke, the car either canted or upset, the rails slid off and caught the plaintiff, breaking his leg, which was afterwards amputated at about the knee. It was also found that a portion of the track was sagging due to the recent typhoon, which defect was brought to the attention of the foreman (also defendants employee), but was not attended to until the occurrence of the incident in question. Defendant however contended that plaintiff was equally negligent for walking by the side of the car despite general prohibitions from his superior, and plaintiffs disobedience constitutes contributory negligence for which he cannot claim damages.

accident, for which he would have been responsible. Where he contributes to the principal occurrence, as one of its determining factors, he can not recover. Where, in conjunction with the occurrence, he contributes only to his own injury, he may recover the amount that the defendant responsible for the event should pay for such injury, less a sum deemed a suitable equivalent for his own imprudence.

entrusted to him by his employer Phoenix. Phoenix and Carbonel, on the other hand, countered that the proximate cause of Dionisio's injuries was his own recklessness in driving fast at the time of the accident, while under the influence of liquor, without his headlights on and without a curfew pass. Phoenix also sought to establish that it had exercised due rare in the selection and supervision of the dump truck driver. ISSUES 1. Whether or not Dionisio may recover damages from Phoenix.
PHOENIX vs IAC (3-10-87) By: Kath FACTS In the early morning of 15 November 1975 at about 1:30 a.m. private respondent Leonardo Dionisio was on his way home from a cocktails-and-dinner meeting with his boss, the general manager of a marketing corporation. During the cocktails phase of the evening, Dionisio had taken "a shot or two" of liquor. He was driving his Volkswagen car and had just crossed the intersection when his car headlights (in his allegation) suddenly failed. He switched his headlights on "bright" and thereupon he saw a Ford dump truck looming some 2-1/2 meters away from his car. The dump truck, owned by and registered in the name of petitioner Phoenix Construction Inc., was parked on the right hand side of General Lacuna Street (i.e., on the right hand side of a person facing in the same direction toward which Dionisio's car was proceeding), facing the oncoming traffic. The dump truck was parked askew (not parallel to the street curb) in such a manner as to stick out onto the street, partly blocking the way of oncoming traffic. There were no lights nor any socalled "early warning" reflector devices set anywhere near the dump truck, front or rear. The dump truck had earlier that evening been driven home by petitioner Armando U. Carbonel, its regular driver, with the permission of his employer Phoenix, in view of work scheduled to be carried out early the following morning, Dionisio claimed that he tried to avoid a collision by swerving his car to the left but it was too late and his car smashed into the dump truck. As a result of the collision, Dionisio suffered some physical injuries including some permanent facial scars, a "nervous breakdown" and loss of two gold bridge dentures. Dionisio commenced an action for damages in the Court of First Instance of Pampanga basically claiming that the legal and proximate cause of his injuries was the negligent manner in which Carbonel had parked the dump truck
Held: YES. There are four factual issues that need to be looked into: (a) whether or not private respondent Dionisio had a curfew pass valid and effective for that eventful night; (b) whether Dionisio was driving fast or speeding just before the collision with the dump truck; (c) whether Dionisio had purposely turned off his car's headlights before contact with the dump truck or whether those headlights accidentally malfunctioned moments before the collision; and (d) whether Dionisio was intoxicated at the time of the accident. As to the first issue relating to the curfew pass, it is clear that no curfew pass was found on the person of Dionisio immediately after the accident nor was any found in his car.On the second issue, it was found out that Dionisio's car was "moving fast" and did not have its headlights on. As to the third related issue, evidence shows that Dionisio purposely shut off his headlights even before he reached the intersection so as not to be detected by the police in the police precinct which he (being a resident in the area) knew was not far away from the intersection. A fourth and final issue relates to whether Dionisio was intoxicated at the time of the accident. The evidence here consisted of the testimony of Patrolman Cuyno to the effect that private respondent Dionisio smelled of liquor at the time he was taken from his smashed car and brought to the Makati Medical Center in an unconscious condition. This testimony has to be taken in conjunction with the admission of Dionisio that he had taken "a shot or two" of liquor before dinner with his boss that night. We do not believe that this evidence is sufficient to show that Dionisio was so heavily under the influence of liquor as to constitute his driving a motor vehicle per se an act of reckless imprudence. 8 There simply is not enough evidence to show how much liquor he had in fact taken and the effects of that upon his physical faculties or upon his judgment or mental alertness. We are also aware that "one shot or two" of hard liquor may affect different people differently. The conclusion we draw from the factual circumstances outlined above is that private respondent Dionisio was

negligent the night of the accident. He was hurrying home that night and driving faster than he should have been. Worse, he extinguished his headlights at or near the intersection of General Lacuna and General Santos Streets and thus did not see the dump truck that was parked askew and sticking out onto the road lane. Nonetheless the legal and proximate cause of the accident and of Dionisio's injuries was the wrongful or negligent manner in which the dump truck was parked in other words, the negligence of petitioner Carbonel. That there was a reasonable relationship between petitioner Carbonel's negligence on the one hand and the accident and respondent's injuries on the other hand, is quite clear. Put in a slightly different manner, the collision of Dionisio's car with the dump truck was a natural and foreseeable consequence of the truck driver's negligence. We hold that private respondent Dionisio's negligence was "only contributory," that the "immediate and proximate cause" of the injury remained the truck driver's "lack of due care" and that consequently respondent Dionisio may recover damages though such damages are subject to mitigation by the courts (Article 2179, Civil Code of the Philippines).

Defendant Austria timely appealed his conviction before the Court of Appeals. The latter affirmed the lower court's decision with modification only with respect to the penalty of imprisonment and amount of damages. Hence, an appeal to the Supreme Court. It is worthy to note that Petitioner faults respondent court for its failure to appreciate and give credence to his testimony that when the accident occurred, the petitioner was driving along the Olongao-Gapan road on the lane properly belonging to him and driving at a moderate speed. Petitioner cites the case of Phoenix Construction, Inc. v. Intermediate Appellate Court, 148 SCRA 393 (1987), which he alleges, contains a set of almost identical facts. Further, he claims that the other driver's negligence in parking his vehicle caused the collision. He asserts that the truck driver, Rolando Flores, negligently parked his trailer truck with the rear end protruding onto road, without any warning device. This being so, he should not be held responsible for Flores' negligence. Issue: WON petitioner was negligent Held: YES The Court finds no palpable factual error that would warrant a reversal of the appellate courts' factual determination in this wise: In his direct examination, the appellant admitted that he saw the trailer at a distance of about six (6) meters but at the same time stated that the distance of the focus of the vehicle's headlight in dim position was twenty (20) meters. These inconsistent statements, taken together with his claim on cross-examination that he saw the trailer only when he bumped it, only show that he was driving much faster than thirty (30) kilometers per hour. Assuming that he was driving his vehicle at that speed of thirty (30) kilometers per hour, appellant would have not lost control of the vehicle after it hit the stone before the collision. Under these circumstances, the appellant did not exercise the necessary precaution required of him. He was 9 negligent. While we note similarities of the factual milieu of Phoenix Construction, Inc. v. Intermediate Appellate Court to that of the present case, we are unable to agree with petitioner that the truck driver should be held solely liable while the petitioner should be exempted from liability. In Phoenix, we ruled that the driver of the improperly parked vehicle was liable and the driver of the colliding car
G.R. No. 133323 March 9, 2000 ALBERTO AUSTRIA, vs.COURT OF APPEALS by: Haj Facts: On July 9, 1989 at around 7:00 P.M. along the Olongapo-Gapan Road in the vicinity of barangay Cabetican, Bacolor, Pampanga, the appellant Alberto Austria was driving his Ford Fiera with ten (10) passengers. One of the vehicle's tire suddenly hit a stone lying in the road, while thus cruising, which caused the appellant to lose control and collide with the rear of an improperly parked cargo truck trailer driven by accused Rolando M. Flores. As a result of the collision, five (5) passengers suffered varying degrees injuries. While trial ensued, accused truck driver Rolando M. Flores remained at-large.The the trial court found the accused (Alberto Austria) guilty beyond reasonable doubt of the crime of Reckless Imprudence Resulting in Serious Physical Injuries.

contributorily liable. We agree with the respondent court in its observation on the petitioner's culpability: "That he had no opportunity to avoid the collision is of his own making and [this] should not relieve him of liability." Patently, the negligence of the petitioner as driver of the Ford Fiera is the immediate and proximate cause of the collision. WHEREFORE, the instant petition is DENIED, and the assailed decision of the Court of Appeals is AFFIRMED.

the left hind leg by the flange of the car and the limb was broken. The horse fell and its rider was thrown off with some violence. As a result of its injuries the horse died. Picart received contusions which caused temporary unconsciousness and required medical attention for several days. ISSUE: Whether or not Smith is guilty of negligence. RULING:
AMADO PICART v. FRANK SMITH, JR. G.R. No. L-12219, 15 March 1918 By: Dats FACTS: On 12 December 1912, on the Carlatan Bridge, at San Fernando, La Union, Amado Picart was riding on his pony over said bridge. Before he had gotten half way across, Frank Smith Jr. approached from the opposite direction in an automobile, going at the rate of about 10 or 12 miles per hour. As Smith neared the bridge he saw a horseman on it and blew his horn to give warning of his approach. He continued his course and after he had taken the bridge he gave two more successive blasts, as it appeared to him that the man on horseback before him was not observing the rule of the road. Picart saw the automobile coming and heard the warning signals. However, being perturbed by the novelty of the apparition or the rapidity of the approach, he pulled the pony closely up against the railing on the right side of the bridge instead of going to the left. As the automobile approached, Smith guided it toward his left, that being the proper side of the road for the machine. In so doing Smith assumed that the horseman would move to the other side. The pony had not as yet exhibited fright, and the rider had made no sign for the automobile to stop. Seeing that the pony was apparently quiet, Smith, instead of veering to the right while yet some distance away or slowing down, continued to approach directly toward the horse without diminution of speed. When he had gotten quite near, there being then no possibility of the horse getting across to the other side, Smith quickly turned his car sufficiently to the right to escape hitting the horse alongside of the railing where it was then standing; but in so doing the automobile passed in such close proximity to the animal that it became frightened and turned its body across the bridge with its head toward the railing. In so doing, it was struck on the hock of
Yes. Smith, in maneuvering his car in the manner described, was guilty of negligence such as gives rise to a civil obligation to repair the damage done. In the nature of things the control of the situation had passed entirely to Smith, and it was his duty either to bring his car to an immediate stop or, seeing that there were no other persons on the bridge, to take the other side and pass sufficiently far away from the horse to avoid the danger of collision. Instead of doing this, Smith ran straight on until he was almost upon the horse. When Smith exposed the horse and rider to this danger he was negligent in the eye of the law. The test by which to determine the existence of negligence in a particular case may be stated as follows: Did the defendant in doing the alleged negligent act use that person would have used in the same situation? If not, then he is guilty of negligence. What would constitute the conduct of a prudent man in a given situation must of course be always determined in the light of human experience and in view of the facts involved in the particular case. Abstract speculation cannot be of much value; as reasonable men govern their conduct by the circumstances which are before them or known to them, and hence they can be expected to take care only when there is something before them to suggest or warn of danger. Reasonable foresight of harm is always necessary before negligence can be held to exist. In fine, the proper criterion for determining the existence of negligence in a given case is this: Conduct is said to be negligent when a prudent man in the position of the tortfeasor would have foreseen that an effect harmful to another was sufficiently probable to warrant his foregoing the conduct or guarding against its consequences.

GLAN PEOPLES LUMBER HARDWARE vs NLRC G.R. No. 70493 May 18, 1989 By: Harvey FACTS: Engineer Orlando Calibo, Agripino Roranes and Maximo Patos were on the jeep owned by the Bacnotan Consolidated Industries Inc. Calibo was driving the car as they were approaching the Lizada Bridge towards the direction going to Davao City. At about that time, Paul Zacarias was driving a truck loaded with cargo. The truck just crossed the said bridge coming from the opposite direction of Davao City and bound for Glan, South Cotabato. At about 59 yards after crossing the bridge, the jeep and the truck collided and as a consequence of which Calibo died while Roranes and Patos sustained physical injuries. Zacarias was unhurt. A civil suit was filed by the wife of Calibo against Zacarias and the owner of the truck At the lower court, the case was dismissed for the plaintiff failed to establish the negligence by preponderance of evidence. The court highlighted that moments before the collision, the jeep was zigzagging. Zacarias immediately submitted himself to police investigation while Roranes and Patos refused to be investigated. Zacarias presented more credible testimony unlike Roranes and Patos. The evidence showed that the path of the truck had skid marks which indicated that the driver applied brakes. The court accepted the evidence that even if there was negligence on the part of Zacarias who intruded about 25 centimeters to the lane of Calibo, the latter still had the last clear chance to avoid the accident. The Court of Appeals reversed the decision and ruled in favor of the plaintiff. Ths was on the grounds that Zacarias saw the jeep already at about 150 meters and Zacarias did not have a drivers license at the time of the incident. The Appellate Court opined that Zacarias negligence gave rise to the presumption of negligence on the part of his employer and their liability is both primary and solidary. ISSUE:
Whether Zacarias should have an actionable responsibility for the accident under the rule of last clear chance. HELD: NO. The evidence indicates that it was rather Engineer Calibos negligence that was the proximate cause of the accident. Assuming there was an antecedent negligence on the part of Zacarias, the physical facts would still absolve him of any actionable responsibility under the rule of the last clear chance. From the established facts, the logical conclusion emerges that the driver of the jeep has the clear chance to avoid the accident. The respondents have admitted that the truck was already at a full stop when the jeep plowed into it. And they have not seen fit to deny or impugn petitioners imputation that they also admitted the truck had been brought to a stop while the jeep was still 30 meters away. From these facts the logical conclusion emerges that the driver of the jeep had what judicial doctrine has appropriately called the last clear chance to avoid the accident. While still at that distance of thirty meters from the truck, by stopping in his turn or swerving his jeep away from the truck, either of which the driver of the jeep had sufficient time to do while running at 30 kilometers per hour. In those circumstances, his duty was to seize that opportunity of avoidance, not merely rely on a supposed right to expect, as the appellate court would have it, the truck to swerve and leave him in a clear path. The doctrine of the last clear chance provides as a valid and complete defense to accident liability today as it did when invoked and applied in the 1918 case of Picart vs Smith.
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who was guilty of prior or antecedent negligence, although it may also be raised as a defense to defeat claim for damages. It is the petitioners position that even assuming arguendo, that the bus encroached into the lane of the jeepney, the driver of the latter could have swerved the jeepney towards the spacious dirt shoulder on his right without danger to himself or his passengers. This is untenable. For the last clear chance doctrine to apply, it is necessary to show that the person who allegedly has the last opportunity to avert the accident was aware of the existence of the peril, or should, with exercise of due care, have been aware of it. One cannot be expected to avoid an accident or injury if he does not know or could not have known the existence of the peril. In this case, there is nothing to show that the jeepney driver David Ico knew of the impending danger. When he saw at a distance that the approaching bus was encroaching on his lane, he did not immediately swerve the jeepney to the dirt shoulder on his right since he must have assumed that the bus driver will return the bus to its own lane upon seeing the jeepney approaching from the opposite direction. Even assuming that the jeepney driver perceived the danger a few seconds before the actual collision, he had no opportunity to avoid it. The Court has held that the last clear chance doctrine can never apply where the party charged is required to act instantaneously and if the injury cannot be avoided by the application of all means at hand after the peril is or should have been discovered. 2. On the Defense of the diligence of a good father of a family in the selection and supervision of employees, the court ruled that when injury is caused by the negligence of an employee, there instantly arises a presumption that the employer has been negligent either in the selection of their employees or in the supervision of their acts. The evidenced adduced by petitioner is far from sufficient to overcome said disputable presumption. The professional drivers license of Ramirez was not produced. It was not likewise proven that he is between 25 to 38 years old, or he attended the necessary seminars. No documents presented or testimonies proving the foregoing were produced by petitioner. Hence, Pantranco failed to meet its burden and overcome the presumption of negligence in case of death or injury. There is no presumption that the usual recruitment procedures and safety standards were observed. Hence, there is no cogent reason for the Court to disturb the ruling of both trial court and court of appeals that the evidence presented by petitioner, consisting mainly of the uncorroborated testimony of its Training Coordinator, fell short to overcome the presumption of
PANTRANCO NORTH EXPRESS vs. BAESA (179 SCRA 384) BY: Donni Facts: The spouses Baesa, their four children, the Ico spouses, the latters son and seven other people boarded a passenger jeep to go to a picnic in Isabela, to celebrate the 5th wedding anniversary of the Baesa spouses. The jeep was driven by David Ico. Upon reaching the highway, the jeep turned right and proceeded to Malalam River at a speed of about 20 kph. While they were proceeding towards Malalam River, a speeding PANTRANCO bus from Aparri, on its regular route to Manila, encroached on the jeepneys lane while negotiating a curve, and collided with it. As a result, the entire Baesa family, except for one daughter, as well as David Ico, died, and the rest suffered from injuries. Ambrosio Ramirez, the driver of the bus, ran and was never seen after the accident. Maricar Baesa, the surviving daughter, through her guardian filed separate actions for damages arising from quasi-delict against PANTRANCO. PANTRANCO, aside from pointing to the late David Icos (the driver)alleged negligence as a proximate cause of the accident, invoked the defense of due diligence in the selection and supervision of its driver. The RTC ruled in favor of Baesa, which was upheld by the CA. The petitioner now contends that the CA erred in not applying the doctrine of the last clear chance against the jeepney driver. Petitioner contends that under the circumstances, it was the driver of the jeep who had the last clear chance to avoid the collision and was therefore negligent in failing to utilize with reasonable care and competence his then existing opportunity to avoid the harm. Issue: 1. Does the doctrine of last clear chance apply? 2. Was the defense of the diligence of a good father of a family was properly invoked? Held: 1. No. The doctrine applies only in a situation where the plaintiff was guilty of a prior or antecedent negligence but the defendant, who had the last fair chance to avoid the impending harm and failed to do so, is made liable for all the consequences Generally, the last clear change doctrine is invoked for the purpose of making a defendant liable to a plaintiff
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negligence. G.R. No. 101683 LBC AIR CARGO, INC. vs. HON. COURT OF APPEALS By: Charlen FACTS: A vehicular collision occurred at about 11:30 in the morning of 15 November 1987. Rogelio Monterola, a licensed driver, was traveling on board his Suzuki motorcycle towards Mangagoy on the right lane along a dusty national road in Bislig, Surigao del Sur. At about the same time, a cargo van of the LBC Air Cargo Incorporated, driven by defendant Jaime Tano, Jr., was coming from the opposite direction on its way to the Bislig Airport. On board were passengers Fernando Yu, Manager of LBC Air Cargo, and his son who was seated beside Tano. When Tano was approaching the vicinity of the airport road entrance on his left, he saw two vehicles racing against each other from the opposite direction. Tano stopped his vehicle and waited for the two racing vehicles to pass by. The stirred cloud of dust made visibility extremely bad. Instead of waiting for the dust to settled, Tano started to make a sharp left turn towards the airport road. When he was about to reach the center of the right lane, the motorcycle driven by Monterola suddenly emerged from the dust and smashed head-on against the right side of the LBC van. Monterola died from the severe injuries he sustained. A criminal case for "homicide thru reckless imprudence" was filed against Tano. A civil suit was likewise instituted by the heirs of deceased Monterola against Tano, along with Fernando Yu and LBC Air Cargo Incorporated, for the recovery of damages. The trial court dismissed both cases on the ground that the proximate cause of the "accident" was the negligence of deceased Rogelio Monterola. CA reversed the decision of the trial court.
Under the Land Transportation and Traffic Code, the driver of any vehicle upon a highway, before starting, stopping or turning from a direct line, is called upon to first see that such movement can be made in safety, and whenever the operation of any other vehicle approaching may be affected by such movement, shall give a signal plainly visible to the driver of such other vehicles of the intention to make such movement (Sec. 44, R.A. 4136, as amended). That Rogelio Monterola was running fast despite poor visibility as evidenced by the magnitude of the damage to the vehicles is no defense. His negligence would at most be contributory (Article 2179, N.C.C.). Having negligently created the condition of danger, defendants may not avoid liability by pointing to the negligence of the former. The proximate cause of the accident was the negligence of Tano who, despite extremely poor visibility, hastily executed a left turn (towards the Bislig airport road entrance) without first waiting for the dust to settle. It was this negligent act of Tano, which had placed his vehicle (LBC van) directly on the path of the motorcycle coming from the opposite direction, that almost instantaneously caused the collision to occur. Simple prudence required him not to attempt to cross the other lane until after it would have been safe from and clear of any oncoming vehicle. Petitioners poorly invoke the doctrine of "last clear chance" (also referred to, at times, as "supervening negligence" or as "discovered peril"). The doctrine, in essence, is to the effect that where both parties are negligent, but the negligent act of one is appreciably later in time than that of the other, or when it is impossible to determine whose fault or negligence should be attributed to the incident, the one who had the last clear opportunity to avoid the impending harm and failed to do so is chargeable with the consequences thereof (seePicart vs. Smith, 37 Phil. 809). Stated differently, the rule would also mean that an antecedent negligence of a person does not preclude the recovery of damages for supervening negligence of, or bar a defense against the liability sought by, another if the latter, who had the last fair chance, could have avoided the impending harm by the exercise of due diligence (Pantranco North Express, Inc. vs. Baesa, 179 SCRA 384; Glan People's Lumber and Hardware vs. Intermediate Appellate Court, 173 SCRA 464). In the case at bench, the victim was traveling along the lane where he was rightly supposed to be. The incident occurred in an instant. No appreciable time had elapsed, from the moment Tano swerved to his left to the actual impact; that could have afforded the victim a last clear opportunity to avoid the collision.
ISSUES: WON the proximate cause of the accident was the victim's negligence in the driving of his motorcycle in a very fast speed and thus hitting the petitioner's cargo van. RULING: NO.
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It is true however, that the deceased was not all that free from negligence in evidently speeding too closely behind the vehicle he was following. We, therefore, agree with the appellate court that there indeed was contributory negligence on the victim's part that could warrant a mitigation of petitioners liability for damages.

consciousness and suffered a fracture in his right colles. His wife, Felisa, was brought to the Danao City Hospital. She was later transferred to the Southern Island Medical Center where she died shortly thereafter. Respondent Pedro A. Arriesgado then filed a complaint for breach of contract of carriage, damages and attorneys fees before the RTC of Cebu City, Branch 20, against the petitioners, D Rough Riders bus operator William Tiu and his driver, Virgilio Te Laspias on May 27, 1987. The respondent alleged that the passenger bus in question was cruising at a fast and high speed along the national road, and that petitioner Laspias did not take precautionary measures to avoid the accident. The petitioners, for their part, filed a Third-Party Complaint on August 21, 1987 against the following: respondent Philippine Phoenix Surety and Insurance, Inc. (PPSII); respondent Benjamin Condor, the registered owner of the cargo truck; and respondent Sergio Pedrano, the driver of the truck. RTC ruled in favor of Arriesgado finding Tiu as liable as the employer of Laspinas who had been negligent in his driving which CA affirmed. Issues and Ruling: 1. Petitioner Laspias was negligent in driving he Ill-fated bus Since he saw the stalled truck he had more than enough time to swerve to his left to avoid hitting it; that is, if the speed of the bus was only 40 to 50 kph as he claimed. As found by CA, it is easier to believe that petitioner Laspias was driving at a very fast speed, since at 4:45 a.m., the hour of the accident, there were no oncoming vehicles at the opposite direction. Laspias could have swerved to the left lane with proper clearance, and, thus, could have avoided the truck. Instinct, at the very least, would have prompted him to apply the breaks to avert the impending disaster which he must have foreseen when he caught sight of the stalled truck. A man must use common sense, and exercise due reflection in all his acts; it is his duty to be cautious, careful and prudent, if not from instinct, then through fear of recurring punishment. He is responsible for such results as anyone might foresee and for acts which no one would have performed except through culpable abandon. Otherwise, his own person, rights and property, and those of his fellow beings, would ever be exposed to all manner of danger and injury. Under Article 2185 of the Civil Code, a person driving a vehicle is presumed negligent if at the time of the mishap, he was violating any traffic regulation. Laspias also violated
Callejo, Sr., J:-- 2 division G.R. No. 138060
nd
Sept. 1, 2004
WILLIAM TIU, doing business under the name and style of "D Rough Riders," and VIRGILIO TE LAS PIAS vs. PEDRO A. ARRIESGADO, BENJAMIN CONDOR, SERGIO PEDRANO and PHILIPPINE PHOENIX SURETY AND INSURANCE, INC., Nature: review on certiorari under Rule 45 of the Rules of Court from the Decision of the CA
By: Dux FACTS: At about 10:00 p.m. of March 15, 1987, the cargo truck marked "Condor Hollow Blocks and General Merchandise" bearing plate number GBP-675 was loaded with firewood in Bogo, Cebu and left for Cebu City. Upon reaching Sitio Aggies, Poblacion, Compostela, Cebu, just as the truck passed over a bridge, one of its rear tires exploded. The driver, Sergio Pedrano, then parked along the right side of the national highway and removed the damaged tire to have it vulcanized at a nearby shop, about 700 meters away. Pedrano left his helper, Jose Mitante, Jr. to keep watch over the stalled vehicle, and instructed the latter to place a spare tire six fathoms away behind the stalled truck to serve as a warning for oncoming vehicles. The trucks tail lights were also left on. It was about 12:00 a.m., March 16, 1987. At about 4:45 a.m., D Rough Riders passenger bus driven by Virgilio Te Laspias cruised same route from Maya bound for Cebu City. Among its passengers were the Spouses Pedro A. Arriesgado and Felisa Pepito Arriesgado, who were seated at the right side of the bus, about three (3) or four (4) places from the front seat. As the bus was approaching the bridge, Laspias saw the stalled truck, which was then about 25 meters away. He applied the breaks and tried to swerve to the left to avoid hitting the truck. But it was too late; the bus rammed into the trucks left rear. The impact damaged the right side of the bus and left several passengers injured. Pedro Arriesgado lost
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Section 35 of RA No. 4136:1avvphil.net Sec. 35. Restriction as to speed. (a) Any person driving a motor vehicle on a highway shall drive the same at a careful and prudent speed, not greater nor less than is reasonable and proper, having due regard for the traffic, the width of the highway, and or any other condition then and there existing; and no person shall drive any motor vehicle upon a highway at such speed as to endanger the life, limb and property of any person, nor at a speed greater than will permit him to bring the vehicle to a stop within the assured clear distance ahead. 2. Petitioner Tiu failed to overcome the presumption of negligence against him as one engaged in the business of common carriage Upon the happening of the accident, the presumption of negligence at once arises, and it becomes the duty of a common carrier to prove that he observed extraordinary diligence in the care of his passengers. It must be stressed that in requiring the highest possible degree of diligence from common carriers and in creating a presumption of negligence against them, the law compels them to curb the recklessness of their drivers. The negligence of petitioner Laspias as driver of the passenger bus is, thus, binding against petitioner Tiu, as the owner of the passenger bus engaged as a common carrier when it failed to rebut the presumption. 3. The Doctrine of Last Clear Chance is Inapplicable It only applies in a suit between the owners and drivers of two colliding vehicles. It does not arise where a passenger demands responsibility from the carrier to enforce its contractual obligations, for it would be inequitable to exempt the negligent driver and its owner on the ground that the other driver was likewise guilty of negligence. The common law notion of last clear chance permitted courts to grant recovery to a plaintiff who has also been negligent provided that the defendant had the last clear chance to avoid the casualty and failed to do so. Accordingly, it is difficult to see what role, if any, the common law of last clear chance doctrine has to play in a jurisdiction where the common law concept of contributory negligence as an absolute bar to recovery by the plaintiff, has itself been rejected, as it has been in Article 2179 of the Civil Code. 4. Respondents Pedrano andCondor were likewise Negligent In this case, both the trial and the appellate courts failed to consider that respondent Pedrano was also negligent in leaving the truck parked askew without any warning lights or reflector devices to alert oncoming vehicles, and that such failure created the presumption of negligence on the part of

his employer, respondent Condor, in supervising his employees properly and adequately. The manner in which the truck was parked clearly endangered oncoming traffic on both sides, considering that the tire blowout which stalled the truck in the first place occurred in the wee hours of the morning. The Court can only now surmise that the unfortunate incident could have been averted had respondent Condor, the owner of the truck, equipped the said vehicle with lights, flares, or, at the very least, an early warning device. 5. The Liability of Respondent PPSII as Insurer As can be gleaned from the Certificate of Cover, such insurance contract was issued pursuant to the Compulsory Motor Vehicle Liability Insurance Law. It was expressly provided therein that the limit of the insurers liability for each person was P12,000, while the limit per accident was pegged at P50,000. An insurer in an indemnity contract for third party liability is directly liable to the injured party up to the extent specified in the agreement but it cannot be held solidarily liable beyond that amount. The respondent PPSII could not then just deny petitioner Tius claim; it should have paid P12,000 for the death of Felisa Arriesgado, and respondent Arriesgados hospitalization expenses of P1,113.80, which the trial court found to have been duly supported by receipts. The total amount of the claims, even when added to that of the other injured passengers which the respondent PPSII claimed to have settled, would not exceed the P50,000 limit under the insurance agreement. Indeed, the nature of Compulsory Motor Vehicle Liability Insurance is such that it is primarily intended to provide compensation for the death or bodily injuries suffered by innocent third parties or passengers as a result of the negligent operation and use of motor vehicles. The victims and/or their dependents are assured of immediate financial assistance, regardless of the financial capacity of motor vehicle owners. 6. Damages to be Awarded The trial court correctly awarded moral damages in the amount of P50,000 in favor of respondent Arriesgado. The award of exemplary damages by way of example or correction of the public good,is likewise in order. As the Court ratiocinated in Kapalaran Bus Line v. Coronado: While the immediate beneficiaries of the standard of extraordinary diligence are, of course, the passengers and owners of cargo carried by a common carrier, they are not the only persons that the law seeks to benefit. For if common carriers carefully observed the statutory standard of extraordinary diligence in respect of their own
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passengers, they cannot help but simultaneously benefit pedestrians and the passengers of other vehicles who are equally entitled to the safe and convenient use of our roads and highways. The law seeks to stop and prevent the slaughter and maiming of people (whether passengers or not) on our highways and buses, the very size and power of which seem to inflame the minds of their drivers. Article 2231 of the Civil Code explicitly authorizes the imposition of exemplary damages in cases of quasidelicts "if the defendant acted with gross negligence." The respondent Pedro A. Arriesgado, as the surviving spouse and heir of Felisa Arriesgado, is entitled to indemnity in the amount of P50,000.00. The petitioners, as well as the respondents Benjamin Condor and Sergio Pedrano are jointly and severally liable for said amount, conformably with the following pronouncement of the Court in Fabre, Jr. vs. Court of Appeals: The same rule of liability was applied in situations where the negligence of the driver of the bus on which plaintiff was riding concurred with the negligence of a third party who was the driver of another vehicle, thus causing an accident. Its driver, the operator of the other vehicle and the driver of the vehicle were jointly and severally held liable to the injured passenger or the latters heirs. In Viluan v. CA: "Nor should it make difference that the liability of petitioner [bus owner] springs from contract while that of respondents [owner and driver of other vehicle] arises from quasi-delict. As early as 1913, we already ruled in Gutierrez vs. Gutierrez, 56 Phil. 177, that in case of injury to a passenger due to the negligence of the driver of the bus on which he was riding and of the driver of another vehicle, the drivers as well as the owners of the two vehicles are jointly and severally liable for damages. Some members of the Court, though, are of the view that under the circumstances they are liable on quasi-delict." AFFIRMED with MODIFICATIONS: (1) PPI and Tiu are ORDERED to pay, jointly and severally, Arriesgado - P13,113.80; (2) Condor and Pedrano are ORDERED to pay, jointly and severally,Arriesgado P50k as indemnity; P26,441.50 as actual damages; P50k as moral

damages; P50k as exemplary damages; and P20k as attorneys fees.
LAPANDAY vs ANGALA (G.R. No. 153076) By; Sheng Facts: On 4 May 1993, at about 2:45 p.m., a Datsun crewcab driven by Apolonio Deocampo (Deocampo) bumped into a Chevy pick-up owned by Michael Raymond Angala (respondent) and driven by Bernulfo Borres (Borres). Lapanday Agricultural and Development Corporation (LADECO) owned the crewcab which was assigned to its manager Manuel Mendez (Mendez). Deocampo was the driver and bodyguard of Mendez. Both vehicles were running along Rafael Castillo St., Agdao, Davao City heading north towards Lanang, Davao City. The left door, front left fender, and part of the front bumper of the pick-up were damaged. Respondent filed an action for Quasi-Delict, Damages, and Attorneys Fees against LADECO, its administrative officer 4 Henry Berenguel (Berenguel) and Deocampo. Respondent alleged that his pick-up was slowing down to about five to ten kilometers per hour (kph) and was making a left turn preparatory to turning south when it was bumped from behind by the crewcab which was running at around 60 to 70 kph. The crewcab stopped 21 meters from the point of impact. Respondent alleged that he heard a screeching sound before the impact. Respondent was seated beside the driver and was looking at the speedometer when the accident took place. Respondent testified that Borres made a signal because he noticed a blinking light while looking at the speedometer. Deocampo alleged that the pick-up and the crewcab he was driving were both running at about 40 kph. The pick-up was running along the outer lane. The pick-up was about 10 meters away when it made a U-turn towards the left. Deocampo testified that he did not see any signal from the 6 pick-up. Deocampo alleged that he tried to avoid the pick-up but he was unable to avoid the collision. Deocampo stated that he did not apply the brakes because he knew the collision was unavoidable. Deocampo admitted that he stepped on the brakes only after the collision.
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Issue: Who is liable for negligence? Held: We rule that both parties were negligent in this case. Borres was at the outer lane when he executed a U-turn. Following Section 45(b) of RA 4136, which provides that (Sec. 45. Turning at intersections. x x x (b) The driver of a vehicle intending to turn to the left shall approach such intersection in the lane for traffic to the right of and nearest to the center line of the highway, and, in turning, shall pass to the left of the center of the intersection, except that, upon highways laned for traffic and upon oneway highways, a left turn shall be made from the left lane of traffic in the direction in which the vehicle is proceeding.) Borres should have stayed at the inner lane which is the lane nearest to the center of the highway. However, Deocampo was equally negligent. Borres slowed down the pick-up preparatory to executing the U-turn. Deocampo should have also slowed down when the pick-up slowed down. Deocampo admitted that he noticed the pick-up when it was still about 13 20 meters away from him. Vehicular traffic was light at the time of the incident. The pick-up and the crewcab were the 14 only vehicles on the road. Deocampo could have avoided the crewcab if he was not driving very fast before the collision. Further, the crewcab stopped 21 meters from the point of impact. It would not have happened if Deocampo was not driving very fast. Doctrine of Last Clear Chance Applies Since both parties are at fault in this case, the doctrine of last clear chance applies. The doctrine of last clear chance states that where both parties are negligent but the negligent act of one is appreciably later than that of the other, or where it is impossible to determine whose fault or negligence caused the loss, the one who had the last clear opportunity to avoid 16 the loss but failed to do so is chargeable with the loss. In this case, Deocampo had the last clear chance to avoid the collision. Since Deocampo was driving the rear vehicle, he had full control of the situation since he was in a position to 17 observe the vehicle in front of him. Deocampo had the responsibility of avoiding bumping the vehicle in front of 18 him. A U-turn is done at a much slower speed to avoid skidding and overturning, compared to running straight 19 ahead. Deocampo could have avoided the vehicle if he was not driving very fast while following the pick-up. Deocampo was not only driving fast, he also admitted that he did not step on the brakes even upon seeing the pick-up. He only stepped on the brakes after the collision.
Petitioners are Solidarily Liable LADECO alleges that it should not be held jointly and severally liable with Deocampo because it exercised due diligence in the supervision and selection of its employees. Aside from this statement, LADECO did not proffer any proof to show how it exercised due diligence in the supervision and selection of its employees. LADECO did not show its policy in hiring its drivers, or the manner in which it supervised its drivers. LADECO failed to substantiate its allegation that it exercised due diligence in the supervision and selection of its employees. Hence, we hold LADECO solidarily liable with Deocampo.
G.R. No. 167346
April 2, 2007
SOLIDBANKCORPORATION/ METROPOLITAN BANK AND TRUST COMPANY, vs. SPOUSES PETER and SUSAN TAN By; Myrie FACTS: On December 2, 1991, respondents representative, Remigia Frias, deposited with petitioner ten checks worth P455,962. Grace Neri, petitioners teller no. 8 in its Juan Luna, Manila Branch, received two deposit slips for the checks, an original and a duplicate. Neri verified the checks and their amounts in the deposit slips then returned the duplicate copy to Frias and kept the original copy for petitioner. As usual practice between petitioner and respondents, the latters passbook was left with petitioner for the recording of the deposits on the banks ledger. Later, respondents retrieved the passbook and discovered that one of the checks, Metropolitan Bank and Trust Company (Metrobank) check no. 403954, payable to cash in the sum of P250,000 was not posted therein. Immediately, respondents notified petitioner of the problem. Petitioner showed respondent Peter Tan a duplicate copy of a deposit slip indicating the list of checks deposited by Frias. But it did not include the missing check. The deposit slip bore the stamp mark "teller no. 7" instead of "teller no. 8" who previously received the checks.
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Respondents demanded that petitioner pay the amount of the check but it refused, hence, they filed a case for collection of a sum of money in the RTC of Manila, Branch 31. In its answer, petitioner averred that the deposit slips Frias used when she deposited the checks were spurious. Petitioner accused respondents of engaging in a scheme to illegally exact money from it. It added that, contrary to the claim of respondents, it was "teller no. 7" who received the deposit slips and, although respondents insisted that Frias deposited ten checks, only nine checks were actually received by said teller. It sought payment of P1,000,000 as actual and moral damages and P500,000 as exemplary damages. RTC found petitioner liable to respondents. Basis of judgment: this Court believes that the loss of Metrobank Check No. 403954 in the sum of P250,000.00 was due to the fault of [petitioner][It] retained the original copy of the [deposit slip marked by "Teller No. 7"]. There is a presumption in law that evidence willfully suppressed would be adverse if produced. Art. 1173 of the Civil Code states that "the fault or negligence of the obligor consists in the omission of that diligence which is required by the nature of the obligation and corresponds with the circumstances of the person of the time and of the place"; and that "if the law or contract does not state the diligence which is to be observed in the performance, the same as expected of a good father of a family shall be required." For failure to comply with its obligation, [petitioner] is presumed to have been at fault or to have acted negligently unless they prove that they observe extraordinary diligence as prescribed in Arts. 1733 and 1735 of the Civil Code (Art. 1756). Petitioner appealed to the CA which affirmed in toto the RTCs assailed decision. ISSUES: 1. WON the petitioner is negligent for the loss of the subject checks. 2. WON the award of damages in favor of respondents was unjustifiable. 3. WON the application by the RTC, as affirmed by the CA, of the provisions of the Civil Code on common carriers to the instant case was erroneous. RULING: The petition must fail. 1 issue: According to petitioner, the fact that the check was deposited in Premier Bank affirmed its claim that it did not receive the check. We meticulously reviewed the records of the case and found no reason to deviate from the rule. Moreover, since the CA affirmed these findings on appeal, they are final and conclusive on us. We therefore sustain the RTCs and CAs
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findings that petitioner was indeed negligent and responsible for respondents lost check. 2 issue: Petitioner argues that the moral and exemplary damages awarded by the lower courts had no legal basis. For the award of moral damages to stand, petitioner avers that respondents should have proven the existence of bad faith by clear and convincing evidence. According to petitioner, simple negligence cannot be a basis for its award. It insists that the award of exemplary damages is justified only when the act complained of was done in a wanton, fraudulent and oppressive manner. We disagree. While petitioner may argue that simple negligence does not warrant the award of moral damages, it nonetheless cannot insist that that was all it was guilty of. It refused to produce the original copy of the deposit slip which could have proven its claim that it did not receive respondents missing check. Thus, in suppressing the best evidence that could have bolstered its claim and confirmed its innocence, the presumption now arises that it withheld the same for fraudulent purposes. Moreover, in presenting a false deposit slip in its attempt to feign innocence, petitioners bad faith was apparent and unmistakable. Bad faith imports a dishonest purpose or some moral obliquity or conscious doing of a wrong that partakes of the nature of fraud. As to the award of exemplary damages, the law allows it by way of example for the public good. The business of banking is impressed with public interest and great reliance is made on the banks sworn profession of diligence and 13 For meticulousness in giving irreproachable service. petitioners failure to carry out its responsibility and to account for respondents lost check, we hold that the lower courts did not err in awarding exemplary damages to the latter. 3 issue: We hold that the trial court did not commit any error. In citing the different provisions of the Civil Code on 15 common carriers, the trial court merely made reference to the kind of diligence that petitioner should have performed under the circumstances. In other words, like a common carrier whose business is also imbued with public interest, petitioner should have exercised extraordinary diligence to negate its liability to respondents. In one case, the Court did not hesitate to apply the doctrine of last clear chance (commonly used in transportation laws involving common carriers) to a banking transaction where it adjudged the bank responsible for the encashment of a forged check. There, we enunciated that the degree of diligence required of banks is more than that of a good father
16 rd nd
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of a family in keeping with their responsibility to exercise the necessary care and prudence in handling their clients money. We find no compelling reason to disallow the application of the provisions on common carriers to this case if only to emphasize the fact that banking institutions (like petitioner) have the duty to exercise the highest degree of diligence when transacting with the public. By the nature of their business, they are required to observe the highest standards of integrity and performance, and utmost assiduousness as well. Myrie By; Adora

(Pacheco v. Tumangday, L-14500, May 25, 1960; Azucena v. Potenciano, L-14028, June 30, 1962); and consequently, as held in Paulan v. Sarabia, supra, "the institution of a criminal action cannot have the effect of interrupting the institution of a civil action based on a quasi-delict."
G.R. No. L-13715
December 23, 1959
FELIX V. VALENCIA, vs.CEBU PORTLAND CEMENT CO., ET AL.
PAULAN vs SARABIA (7-31-58) Unreported Case As Cited in Corpuz vs Paje The four-year prescriptive period began to run from the day the quasi-delict was committed, or from December 23, 1956, and the running of the said period was not interrupted by the institution of the criminal action for reckless imprudence. (Paulan vs. Sarabia, G.R. No. L-10542, July 31, 1958.) As Cited in Ferrer vs Ericta The four-year period begins from the day the quasi-delict is committed or the date of the accident (Diocesa Paulan, et al. vs. Zacarias Sarabia, et al., L-10542, July 31, 1958) As Cited in Capuno vs Pepsi In the case of Diocosa Paulan, et al. vs. Zacarias Sarabia, et al., G.R. No. L-10542, promulgated July 31, 1958, this Court held that an action based on a quasi-delict is governed by Article 1150 of the Civil Code as to the question of when the prescriptive period of four years shall begin to run, that is, "from the day (the action) may be brought," which means from the day the quasi-delict occurred or was committed. The foregoing considerations dispose of appellants' contention that the four-year period of prescription in this case was interrupted by the filing of the criminal action against Jon Elordi inasmuch as they had neither waived the civil action nor reserved the right to institute it separately. Such reservation was not then necessary; without having made it they could file - as in fact they did - a separate civil action even during the pendency of the criminal case
The present case in an offshoot of G.R. No. Facts: L-6158 * (March 11, 1954), entitled Cebu Portland Cement Company vs. The Court of Industrial Relations (CIR) and Philippine Land Air-Sea Labor union (PLASLU), which that the separation of plaintiff herein, Felix V. Valencia, from his position as general superintendent in the Cebu Portland Cement Company, Cebu, was unjustifiable. Said court ordered that Felix V. Valencia be reinstated from May 1, 1949 to November 16, 1950, with all the privileges and emoluments attached to said petition. The present complaint was filed on June 22, 1956, and alleges that in procuring plaintiffs dismissal through malicious, illegal, unjust, oppressive and high-handed acts, plaintiff and his family have been terribly humiliated and have suffered an irreparable injury to their good name. So it is prayed that actual or compensatory damages, exemplary damages, nominal or temperate damages, attorney's fees and contingent fees, all amounting to P299,509.00, be granted plaintiff-appellant. Plaintiffappellant claims that the Court of Industrial Relations case presented by him against the defendant Cebu Portland Cement Company is not a bar to the present action because the said court has no jurisdiction over his present claim. Issue: Whether or not the cause of action stated in the complaint is barred by a prior judgment and by the statute of limitations. Ruling: Yes. The removal of plaintiff from his position as general superintendent, which removal was held by the Court of Industrial Relations and by us to be illegal, up to November 16, 1950, is the cause or reason for the present action for nominal, exemplary and other damages. As action by defendant-appellees in the lower court, a party to an action cannot split his cause of action into many causes. (rule 2, section 3.) When, therefore, the plaintiff-appellant filed his action for reinstatement, he should have included in said action the supposed damages that he now claims in his
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complaint in this case. It is well settled that a party, after presenting an action, cannot by a subsequent proceeding or suit recover other damages or remedies to which he was entitled in the former action, which is, in this case, the alleged unlawful dismissal of the plaintiff. The action is also barred by the statute of limitations. The cause of action arose upon plaintiff's separation from the service on November 16, 1950. When he filed the action on June 22, 1956, more than the four years prescribed by Article 1146 the Civil Code has already elapsed. The present action is one for injury to the rights of the plaintiff. It is not, as claimed by plaintiff-appellant, an action based on a former judgment. Hence, we are constrained to hold that the action which he now institutes is barred by the provisions of said Article 1146 of the Civil Code.

contention that there was any danger whatever in the refilling of the trench. The plaintiff insists that the defendant was negligent in failing to shore or brace the trench at the place where the accident occurred. While, on the other hand, the defendant urges (1 ) that it was under no obligation, in so far as the deceased was concerned, to brace the trench, in the absence of a showing that the soil was of a loose character or the place itself was dangerous, and (2) that although the relation of master and servant may not have ceased, for the time being, to exist, the defendant was under no duty to the deceased except to do him no intentional injury, and to furnish him with a reasonably safe place to work. Issue: whether or not the plaintiff has the right to recover against defendant. Held: No, she cannot recover. She cannot recover under Act 1874
G.R. No. L-10107
February 4, 1916
CLARA CEREZO vs. THE ATLANTIC GULF & PACIFIC COMPANY By; Earl Facts: This is an action for damages against the defendant for negligently causing the death of the plaintiff's son, Jorge Ocumen. The deceased is the plaintiff's only means of support. The deceased was an employee of the defendant as a day laborer on the 8th of July, 1913, assisting in laying gas pipes on Calle Herran in the city of Manila. The digging of the trench was completed both ways from the cross-trench in Calle Paz, and the pipes were laid therein up to that point. The men of the deceased's gang were filling the west end, and there was no work in the progress at the east end of the trench. Shortly after the deceased entered the trench at the east end to answer a call of nature, the bank caved in, burying him to his neck in dirt, where he died before he could be released. It has not been shown that the deceased had received orders from the defendant to enter the trench at this point; nor that the trench had been prepared by the defendant as a place to be used as a water-closet; nor that the defendant acquiesced in the using of this place for these purposes. The trench at the place where the accident occurred was between 3 and 4 feet deep. Nothing remained to be done there except to refill the trench as soon as the pipes were connected. The refilling was delayed at that place until the completion of the connection. At the time of the accident the place where the deceased's duty of refilling the trench required him to be was at the west end. There is no
Prior to the passage of Act No. 1874 and still is, the duty of the employer in this jurisdiction to perform those duties, in reference to providing reasonably safe places, and safe and suitable ways, works, and machinery, etc., in about which his employees are required to work, which under the common law of England and America, are termed personal duties, and which in the United States are held to be such that the employer cannot delegate his responsibility and liability to his subordinates. However, it is quite clear that it was not intended that all rights to compensation and of action against employers by injured employees or their representatives must be brought under be governed by the Act. The strongest proof of all, showing that the Legislature never intended by the Act to curtail the rights of employees, is that of the defense of contributory negligence which defeats the action under the Act, while under the Civil Code, such complete defense does not exist at all in this country. (Rakes vs. Atlantic, Gulf and Pacific Co., supra; Eades vs. Atlantic Gulf and Pacific Co., 19 Phil. Rep., 561.) That the defense of contributory negligence, as it is understood in the United States, is recognized in the Act with all its force and effects is clear, because the first section requires as an essential requisite that the employee be "in the exercise of due care" at the time of the injury in order to hold the employer liable for damages. The plaintiff in the case of Rakes vs. Atlantic, Gulf and Pacific Co. could not have recovered under the Act because he was not in the exercise of due care at the time of the inquiry. Assuming that the excavation for the gas pipe is within category of "ways, works, or machinery connected with used in the business of the defendant, " the Court is of opinion that recovery cannot be had under the Act for the the the the
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reason that the deceased was at a place where he had no right to be at the time he met his death. His work did not call him there, nor is it shown that he was permitted there tacitly or otherwise. Under the Anglo-American law the applicable to such a set of facts is that the master is not responsible, under the Employers' Liability Act, for accidents to his employees when they are outside the scope of their employment for purpose of their own. She cannot claim under the Civil Code Article 1105 of the Civil Code provides that: No one shall be liable for events which could not be foreseen, or which having been foreseen were inevitable, with the exception of the cases expressly mentioned in the law of those in which the obligation so declares. The case under consideration does not fall within the exceptions mentioned in the above quoted article. After providing a reasonably safe place in and about which the deceased was required to work, the defendant's liability was then limited to those events which could have been foreseen. Article 1902 provides that a person who, by an act or omission causes damage to another when there is fault or negligence shall be obliged to repair the damage so done. Article 1903 after providing for the liability of principals for the acts of their employees, agents, or these for whom they are otherwise responsible, provides that such liability shall cease when the persons mentioned therein prove that they employed all the diligence of a good father of a family to avoid the damage. We have then, on the one hand, nonliability of an employer for events which could not be foreseen (article 1105), and where he has exercised the care of a good father of a family (article 1903), and, on the other hand, his liability where fault or negligence may be attributed to him (article 1902). Gideon, city engineer of Manila and a witness for the plaintiff, testified concerning his experience with trenches in the city. He stated that if the trenches are very dangerous his department uses sheathing piles and braces them firmly. If the trenches are of considerable depth and the ground is not considered safe, they put planks on both sides, supported by braces. If the trenches are not very deep or if the ground is considered safe, they simply make the excavations. The conditions vary and the precautions used depend upon the opinion of an experienced engineer. Seaver, chief of police of the city of Manila and also a witness for the plaintiff, testified that the slide which caused the death of the deceased came principally from the side of the trench farthest from the street-car tracks. Captain Ordax of the police department, another witness for the plaintiff, testified that the earth which covered the deceased's body came from the side

opposite the street-car tracks. Another witness testified that the distance from the street-car tracks to the trench was only a few feet, but that the trench had been open for a week. From the testimony of the witnesses it does not appear that there was any water in the bottom of the trench, although some of the witnesses said that it was damp. The trench was only three and one-half to four and one-half feet deep. The cause of Ocumen's death was not the weight of the earth which fell upon him, but was due to suffocation. He was sitting or squatting when the slide gave way. Had he been even half-erect, it is highly probable that he would have escaped suffocation or even serious injury. Hence, the accident was of a most unusual character. Experience and common sense demonstrate that ordinarily no danger to employees is to be anticipated from such a trench as that in question. The fact that the walls had maintained themselves for a week, without indication of their giving way, strongly indicates that the necessity for bracing or shoring the trench was remote. To require the company to guard against such an accident as the one in question would virtually compel it to shore up every foot of the miles of trenches dug by it in the city of Manila for the gas mains. Upon a full consideration of the evidence, we are clearly of the opinion that ordinary care did not require the shoring of the trench walls at the place where the deceased met his death. The event properly comes within the class of those which could not be foreseen; and, therefore, the defendant is not liable under the Civil Code. (in short, nalibang siya tapos natabunan siya ug yuta up to the neck. since he was on squatting position, he died of suffocation because his lungs were compromised in that position.) Earl Tinapay
Margarita AFIALDA vs. Basisio and Francisco HISOLE November 29, 1949 By; Gene Facts: Loreto Afialda was employed by the defendant spouses as caretaker of their carabaos at a fixed compensation. On March 21, 1947, while tending the animals he was gored by one of them and later died as a consequence of his injuries. The complaint alleges that the mishap was due neither to his
20

own fault nor to force majeure; and that plaintiff is his elder sister and heir depending upon him for support. Plaintiff seeks to hold defendants liable under article 1905 of the Civil Code, which reads: The possessor of an animal, or the one who uses the same, is liable for any damages it may cause, even if such animal should escape from him or stray away. This liability shall cease only in case, the damage should arise from force majeure or from the fault of the person who may have suffered it. The lower court took the view that under the above-quoted provision of the Civil Code, the owner of an animal is answerable only for damages caused to a stranger, and that for damage caused to the caretaker of the animal the owner would be liable only if he had been negligent or at fault under article 1902 of the same code. Claiming that the lower court was in error, counsel for plaintiff contends that the article 1905 does not distinguish between damage caused to the caretaker and makes the owner liable whether or not he has been negligent or at fault. For authority, counsel for the accused cites the opinion from Manresa that appears to have been rendered in a case where an animal caused injury to a stranger or third person. It is therefore no authority for a case like the present where the person injured was the caretaker of the animal. The distinction is important. For the statute names the possessor or user of the animal as the person liable for "any damages it may cause," and this for the obvious reason that the possessor or user has the custody and control of the animal and is therefore the one in a position to prevent it from causing damage. In the present case, the animal was in custody and under the control of the caretaker, who was paid for his work as such. Obviously, it was the caretaker's business to try to prevent the animal from causing injury or damage to anyone, including himself. And being injured by the animal under those circumstances, was one of the risks of the occupation which he had voluntarily assumed and for which he must take the consequences. In a decision of the Spanish Supreme Court, cited by Manresa, the death of an employee who was bitten by a feline which

his master had asked him to take to his establishment was by said tribunal declared to be "a veritable accident of labor" which should come under the labor laws rather than under article 1905 of the Civil Code. The present action, however, is not brought under the Workmen's Compensation Act, there being no allegation to that effect.
Tan CHIONG Sian vs. INCHAUSTI & CO. March 8, 1912 By; Che
Facts: On November 25, 1908, Inchausti & Co. received in Manila from the Chinaman, Ong Bieng Sip, 205 bundles, bales or cases of goods to be conveyed by the steamer Sorsogon to the port of Gubat, Province of Sorsogon, where they were to be transshipped to another vessel belonging to the defendant company and by the latter transported to the pueblo of Catarman, Island of Samar, there to be delivered to the Chinese shipper with whom the defendant party made the shipping contract. To this end three bills of lading were executed. The steamer Sorsogon, which carried the goods, arrived at the port of Gubat on the 28th of that month and as thelorcha Pilar, to which the merchandise was to be transshipped for its transportation to Catarman, was not yet there, the cargo was unloaded and stored in the defendant company's warehouses at that port. Several days later, the lorcha just mentioned arrived at Gubat and, after the cargo it carried had been unloaded, the merchandise belonging to the Chinaman, Ong Bieng Sip, together with other goods owned by the defendant Inchausti & Co., was taken aboard to be transported to Catarman; but on December 5, 1908, before the Pilarcould leave for its destination, towed by the launch Texas, there arose and, as a result of the strong wind and heavy sea, the lorcha was driven upon the shore and wrecked, and its cargo, including the Chinese shipper's 205 packages of goods, scattered on the beach. Laborers or workmen of the defendant company, by its order, then proceeded to gather up the plaintiff's
21

merchandise and, as it was impossible to preserve it after it was salved from the wreck of the lorcha, it was sold at public auction before a notary for the sum of P1,693.67.

as possible, to the stability and security of the craft, in anticipation of what might occur, as presaged by the violence of the wind and the heavy sea; and Inchausti & Company's agent furnished the articles requested by the patron of the lorcha for the purpose of preventing the loss of the boat; thus did they all display all the diligence and care such as might have been employed by anyone in similar circumstances, especially the patron who was responsible for the lorcha under his charge; nor is it possible to believe that the latter failed to adopt all the measures that were necessary to save his own life and those of the crew and to free himself from the imminent peril of shipwreck. From the moment that it is held that the loss of the said lorcha was due to force majeure, a fortuitous event, with no conclusive proof or negligence or of the failure to take the precautions such as diligent and careful persons usually adopt to avoid the loss of the boat and its cargo, it is neither just nor proper to attribute the loss or damage of the goods in question to any fault, carelessness, or negligence on the part of the defendant company and its agents and, especially, the patron of the lorcha Pilar. Moreover, it is to be noted that, subsequent to the wreck, the defendant company's agent took all the requisite measures for the salvage of such of the goods as could be recovered after the accident, which he did with the knowledge of the shipper, Ong Bieng Sip, and, in effecting their sale, he endeavored to secure all possible advantage to the Chinese shipper; in all these proceedings, as shown by the record, he acted in obedience to the law. From all the foregoing it is concluded that the defendant is not liable for the loss and damage of the goods shipped on the lorcha Pilar by the Chinaman, Ong Bieng Sip, inasmuch as such loss and damage were the result of a fortuitous event or force majeure, and there was no negligence or lack of care and diligence on the part of the defendant company or its agents.
Ruling: The contract entered into between the Chinese shipper, Ong Bieng Sip, and the firm of Inchausti & Co., provided that transportation should be furnished from Manila to Catarman, although the merchandise taken aboard the steamer Sorsogon was to be transshipped at Gubat to another vessel which was to convey it from that port to Catarman; it was not stipulated in the said contract that the Sorsogon should convey the goods to their final destination, nor that the vessel into which they were to be transshipped, should be a steamer. The shipper, Ong Bieng Sip, therefore assented to these arrangements and made no protest when his 205 packages of merchandise were unloaded from the ship and, on account of the absence of the lorcha Pilar, stored in the warehouses at Gubat nor did he offer any objection to the lading of his merchandise on to this lorcha as soon as it arrived and was prepared to receive cargo; moreover, he knew that to reach the port of Catarman with promptness and dispatch, the lorcha had to be towed by some vessel like the launch Texas, which the defendant company had been steadily using for similar operations in those waters.
The record bears no proof that the said loss or damage caused by the stranding or wreck of the lorcha Pilar as a result of the storm mentioned, occurred through carelessness or negligence on the part of the defendant company, its agents or the patron of the said lorcha, or because they did not take the precautions usually adopted by careful and diligent persons, as required by article 362 of the Code of Commerce; the defendant company, as well as its agents and the patron of the lorcha, had a natural interest in preserving the craft and its own goods laden therein an interest equal to that of the Chinese shipper in preserving his own which were on board the ship lorcha and, in fact, the defendant, his agents and the patron did take the measures which they deemed necessary and proper in order to save the lorcha and its cargo from the impending danger; accordingly, thepatron, as soon as he was informed that a storm was approaching, proceeded to clear the boat of all gear which might offer resistance to the wind, dropped the four anchors he had, and even procured an extra anchor from the land, together with a new cable, and cast it into the water, thereby adding, in so far
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TORTS and DAMAGES Atty.

3 MANRESA CLASS CASE DIGESTS

TORTS and DAMAGES Atty. ESPEJO

3 MANRESA CLASS CASE DIGESTS

TORTS and DAMAGES Atty. ESPEJO

3 MANRESA CLASS CASE DIGESTS

TORTS and DAMAGES Atty. ESPEJO

3 MANRESA CLASS CASE DIGESTS

TORTS and DAMAGES Atty. ESPEJO

3 MANRESA CLASS CASE DIGESTS

TORTS and DAMAGES Atty. ESPEJO

3 MANRESA CLASS CASE DIGESTS

TORTS and DAMAGES Atty. ESPEJO

3 MANRESA CLASS CASE DIGESTS

TORTS and DAMAGES Atty. ESPEJO

3 MANRESA CLASS CASE DIGESTS

TORTS and DAMAGES Atty. ESPEJO

3 MANRESA CLASS CASE DIGESTS

TORTS and DAMAGES Atty. ESPEJO

3 MANRESA CLASS CASE DIGESTS

TORTS and DAMAGES Atty. ESPEJO

3 MANRESA CLASS CASE DIGESTS

TORTS and DAMAGES Atty. ESPEJO

3 MANRESA CLASS CASE DIGESTS

TORTS and DAMAGES Atty. ESPEJO

3 MANRESA CLASS CASE DIGESTS

Callejo, Sr., J:-- 2 division G.R. No. 138060

TORTS and DAMAGES Atty. ESPEJO

3 MANRESA CLASS CASE DIGESTS

TORTS and DAMAGES Atty. ESPEJO

3 MANRESA CLASS CASE DIGESTS

TORTS and DAMAGES Atty. ESPEJO

3 MANRESA CLASS CASE DIGESTS

G.R. No. 167346

TORTS and DAMAGES Atty. ESPEJO

3 MANRESA CLASS CASE DIGESTS

TORTS and DAMAGES Atty. ESPEJO

3 MANRESA CLASS CASE DIGESTS

G.R. No. L-13715

December 23, 1959

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TORTS and DAMAGES Atty. ESPEJO

3 MANRESA CLASS CASE DIGESTS

G.R. No. L-10107

TORTS and DAMAGES Atty. ESPEJO

3 MANRESA CLASS CASE DIGESTS

TORTS and DAMAGES Atty. ESPEJO

3 MANRESA CLASS CASE DIGESTS

TORTS and DAMAGES Atty. ESPEJO

3 MANRESA CLASS CASE DIGESTS

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