Beruflich Dokumente
Kultur Dokumente
FERNANDEZ
51 SCRA 181
MAKALINTAL; June 4, 1973
FACTS
ISSUES
1. WON Section 491 of the Revised Ordinances of the City of Manila refers
only to public buildings and hence did not apply to the Gil-Armi building
which was of private ownership
2. WON the ordinance devolved upon the owners of the building and
therefore it is they and not the petitioner, who is a mere lessee, who should
be liable for the violation
3. WON the failure to comply with the requirement of the ordinance was the
proximate cause of the death of Lourdes Fernandez
HELD
1. NO.
Indeed the requirement that such a building should have two (2)
separate stairways instead of only one (1) has no relevance or
reasonable relation to the fact of ownership, but does have such
relation to the use or purpose for which the building is devoted.
2. NO.
Reasoning It was the use of the building for school purposes which brought
the same within the coverage of the ordinance; and it was the petitioner and
not the owners who were responsible for such use.
3. YES.
Ratio The violation of a statute or ordinance is not rendered remote as the
cause of an injury by the intervention of another agency if the occurrence of
the accident, in the manner in which it happened, was the very thing which
the statute or ordinance was intended to prevent.
Reasoning
The proximate legal cause is that acting first and producing the
injury, either immediately or by settling 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 affecting 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 ordinarily prudent and intelligent person, have reasonable
ground to expect at the moment of his act or default that an injury
to some person might probably result there from. [Citing Bataclan v
Medina]
The petitioner relates the chain of events that resulted in the death
of Lourdes Fernandez as follows: (1) violation of ordinance; (2) fire
at a neighboring place; (3) shouts of "Fire!, Fire!"; (4) panic in the
Institute; (5) stampede; and (6) injuries and death.
United Construction Co., Inc. and the Nakpils claimed that it was an
act of God that caused the failure of the building which should
exempt them from responsibility and not the defective construction,
poor workmanship, deviations from plans and specifications and
other imperfections in the case of United Construction Co., Inc. or
the deficiencies in the design, plans and specifications prepared by
petitioners in the case of the Nakpils.
ISSUE:
Whether or not an act of God-an unusually strong earthquake-which
caused the failure of the building, exempts from liability, parties who are
otherwise liable because of their negligence.
RULING:
The applicable law governing the rights and liabilities of the parties
herein is Article 1723 of the New Civil Code, which provides:
Art. 1723. The engineer or architect who drew up the plans and
specifications for a building is liable for damages if within fifteen
years from the completion of the structure the same should collapse
by reason of a defect in those plans and specifications, or due to
the defects in the ground.
The action must be brought within ten years following the collapse
of the building.
To exempt the obligor from liability under Article 1174 of the Civil
Code, for a breach of an obligation due to an "act of God," the
following must concur:
be
Thus it has been held that when the negligence of a person concurs
with an act of God in producing a loss, such person is not exempt
from liability by showing that the immediate cause of the damage
was the act of God.
In answer thereto, Barte claimed that it was not aware nor was it
notified of the accident involving respondent spouses and that it had
complied with the terms of its contract with PLDT by installing the
necessary and appropriate standard signs in the vicinity of the work
site, with barricades at both ends of the excavation and with red
lights at night along the excavated area to warn the traveling public
of the presence of excavations.
Issue:
Whether or not the accident was imputable
negligence of PLDT or to that of Antonio Esteban.
to
the
The jeep which spouses Esteban ran over a mound of earth and fell
into an open trench, thereby sustaining injuries.
PLDT for its part, denies liability contending that the injuries were
caused by the negligence of Antonio Esteban.
Filart, but the latter ignored him. He was escorted out by a police
officer.
Ruby Lim said she was the hotels executive secretary for 20 years,
and that she was tasked to organize the GMs birthday party. Mindful
of the GMs request to keep the party intimate, she requested 2
people to tell Reyes to leave, but Reyes still lingered. She had the
chance to talk to Reyes when he was starting to eat, so she told
him, Alam ninyo, hindi ho kayo dapat nandito. Pero total nakakuha
Cause of action was one for damages brought under the human relations
provisions of NCC.
Roberto Reyes[1] said he was spotted by his friend Dr. Violeta Filart
in the hotel lobby who approached him. She invited him to join her
in the GMs birthday party at the penthouse. He carried Filarts
presenta basket of fruits.
When dinner was ready, Reyes lined up at the table but to his
embarrassment, he was stopped by Ruby Lim (Hotel Executive
Secretary).
In a loud voice and within the presence and hearing of other guests,
Lim told him to leavehuwag ka nang kumain, hindi ka imbitado,
bumaba ka na lang. Reyes tried to explain that he was invited by Dr.
LIM AND HOTEL NIKKO NOT LIABLE TO PAY FOR DAMAGES UNDER NCC 19
AND 21
NCC 19 (principle of abuse of rights) is not a panacea for all human
hurts and social grievances; NCC 19s object is to set certain
standards which must be observed not only in the exercise of ones
rights but also in the performance of ones duties; its elements are
the following:
o Legal right or duty
o Exercised in bad faith
o For the sole intentof prejudicing or injuring another
NCC 21 refers to acts contra bonus mores and has the following
elements:
o There is an act which is legal
o But it is contrary to morals, good custom, public order,
public policy
o And it is done with intent to injure
Common theme running through NCC 19 and 21act must be
INTENTIONAL
o Reyes has not shown that Lim was driven by animosity
against him; he had a lame argument: Lim, being single at
44, had a very strong bias and prejudice against him
possibly influenced by her associates in her work at the
hotel with foreign businessmen
o Manner by which Lim asked Reyes to leave was acceptable
and humane
Any damage which Reyes might have suffered through Lims exercise of a
legitimate right done within the bounds of propriety and good faith must be
his to bear alone.
HELD: