Anonuevo vs CA

1. ISSUE: WON Article 2185 of the NCC which presumes the driver of a motor vehicle negligent if he was violating a
traffic regulation at the time of the mishap, should apply by analogy to non-motorized vehicles.
2. FACTS:
a. At the intersection of Barangka and Boni Avenue in Mandaluyong.
b. Villagracia was traveling along Boni Avenue on his bicycle; while Aonuevo was traversing the opposite lane
on his Lancer car. The car was owned by P&G, the employer of Aonuevo’s brother.
c. Aonuevo was in the course of making a left turn towards the Liberal Street when the collision occurred.
d. Villagracia sustained injuries as a result, which necessitated hospitalization several times, and forced him
to undergo four operations.
3. Villagracia filed a case in the RTC for damages against PG; also criminal complaint before MTC.
4. RTC in favor of Villagracia. 150K actual damages; 10K for moral damages; 20K for attorney’s costs.
5. CA affirmed RTC.
a. It was Aonuevos’ vehicle which struck the bicycle of Villagracia.
b. According to a witness, Aonuevo was umaarangkada as he made turn into Libertad.
c. Considering Aonuevo’s claim that a passenger jeepney was obstructing his path as he made turn, Aonuevo
had enough warning to control his speed.
6. Aonuevoo – did not question the findings of facts of the RTC and the CA. presents a rather novel question.
a. WON Article 2185 of the NCC which presumes the driver of a motor vehicle negligent if he was violating a
traffic regulation at the time of the mishap, should apply by analogy to non-motorized vehicles.
b. So the negligence of Villagracia will absolve him of liability.
7. SC:
a. Aonuevo pushes this argument because:
i. Villagracias bicycle had no safety gadgets such as a horn or bell, or headlights, as invoked by a
1948 municipal ordinance.
ii. Nor was it duly registered with the Office of the Municipal Treasurer, as required by the same
ordinance.
iii. Finally, as admitted by Villagracia, his bicycle did not have foot brakes.
b. Villagracia does not dispute the above.
i. He contends that assuming he has contributory negligence, such would not exonerate Aonuevo.
c. Article 2185 is expressly qualified to motor vehicles only, and there is no ground to presume that the law
intended a broader coverage.
i. Aonuevo still pushes his argument because modern-day travel is more complex now than when
the Code was enacted, the number and types of vehicles now in use far more numerous than as
of then. He even suggests that at the time of the enactment of the Code, the legislators must
have seen that only motor vehicles were of such public concern that they had to be specifically
mentioned, yet today, the interaction of vehicles of all types and nature has inescapably become
matter of public concern so as to expand the application of the law to be more responsive to the
times.
d. SC: What Aonuevo wants is for the court to amend the explicit command of the legislature.
i. At the time Article 2185 was formulated, there existed a whole array of non-motorized vehicles
ranging from human-powered contraptions on wheels such as bicycles, scooters, and animal-
drawn carts such as calesas and carromata.
ii. Yet the framers of the New Civil Code chose then to exclude these alternative modes from the
scope of Article 2185 with the use of the term motorized vehicles.
iii. He premises that the need for the distinction between motorized and non-motorized vehicles
arises from the relative mass of number of these vehicles. The more pertinent basis for the
segregate classification is the difference in type of these vehicles.
1. A motorized vehicle, unimpeded by the limitations in physical exertion is capable of
greater speeds and acceleration than non-motorized vehicles. At the same time,
motorized vehicles are more capable in inflicting greater injury or damage in the event
of an accident or collision.
iv. Jurisprudence:
1. A driver of an automobile, under such circumstances, is required to use a greater
degree of care than drivers of animals, for the reason that the machine is capable of
greater destruction, and furthermore, it is absolutely under the power and control of the
driver; whereas, a horse or other animal can and does to some extent aid in averting
an accident.
e. The fact that there has long existed a higher degree of diligence and care imposed on motorized vehicles,
arising from the special nature of motor vehicle, leads to the inescapable conclusion that the qualification
under Article 2185 exists precisely to recognize such higher standard. Simply put, the standards applicable
to motor vehicle are not on equal footing with other types of vehicles.
8. However, even if the legal presumption does not apply to Villagracia, this should not preclude any possible
finding of negligence on his part.
a. Aonuevo, asserts that Villagracia was negligent as the latter had transgressed a municipal ordinance
requiring the registration of bicycles and the installation of safety devices thereon. This view finds some
support if anchored on the long standing principle of negligence per se.
b. The generally accepted view is that the violation of a statutory duty constitutes negligence,
negligence as a matter of law, or negligence per se.
c. When the state regards certain acts as so liable to injure others as to justify their absolute prohibition, doing
the forbidden act is a breach of duty with respect to those who may be injured thereby; or, as it has been
otherwise expressed, when the standard of care is fixed by law, failure to conform to such standard is
negligence, negligence per se or negligence in and of itself, in the absence of a legal excuse. According to
this view it is immaterial, where a statute has been violated, whether the act or omission constituting such
 violation would have been regarded as negligence in the absence of any statute on the subject or whether
there was, as a matter of fact, any reason to anticipate that injury would result from such violation.
d. If a driver causes an accident by exceeding the speed limit, for example, we do not inquire whether his
prohibited conduct was unreasonably dangerous. It is enough that it was prohibited. Violation of an
ordinance intended to promote safety is negligence. If by creating the hazard which the ordinance was
intended to avoid it brings about the harm which the ordinance was intended to prevent, it is a legal cause
of the harm. This comes only to saying that in such circumstances the law has no reason to ignore the
causal relation which obviously exists in fact. The law has excellent reason to recognize it, since it is the
very relation which the makers of the ordinance anticipated.
e. The general principle is that 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.
9. But this is by no means a simple case. There is the fact which we consider as proven, that Aonuevo was speeding as
he made the left turn, and such negligent act was the proximate cause of the accident. This reckless behavior would
have imperiled anyone unlucky enough within the path of Aonuevos car as it turned into the intersection, whether
they are fellow motorists, pedestrians, or cyclists. We are hard put to conclude that Villagracia would have avoided
injury had his bicycle been up to par with safety regulations, especially considering that Aonuevo was already
speeding as he made the turn, or before he had seen Villagracia. Even assuming that Aonuevo had failed to see
Villagracia because the bicycle was not equipped with headlights, such lapse on the cyclists part would not have
acquitted the driver of his duty to slow down as he proceeded to make the left turn.
10. Sanitary Steam is controlling in this case. The bare fact that Villagracia was violating a municipal ordinance at the
time of the accident may have sufficiently established some degree of negligence on his part, but such negligence is
without legal consequence unless it is shown that it was a contributing cause of the injury. If anything at all, it is but
indicative of Villagracias failure in fulfilling his obligation to the municipal government, which would then be the proper
party to initiate corrective action as a result. But such failure alone is not determinative of Villagracias negligence in
relation to the accident. Negligence is relative or comparative, dependent upon the situation of the parties and the
degree of care and vigilance which the particular circumstances reasonably require. To determine if Villagracia was
negligent, it is not sufficient to rely solely on the violations of the municipal ordinance, but imperative to examine
Villagracias behavior in relation to the contemporaneous circumstances of the accident.
a. The rule on negligence per se must admit qualifications that may arise from the logical consequences of
the facts leading to the mishap. The doctrine (and Article 2185, for that matter) is undeniably useful as a
judicial guide in adjudging liability, for it seeks to impute culpability arising from the failure of the actor to
perform up to a standard established by a legal fiat. But the doctrine should not be rendered inflexible so as
to deny relief when in fact there is no causal relation between the statutory violation and the injury
sustained. Presumptions in law, while convenient, are not intractable so as to forbid rebuttal rooted in fact.
After all, tort law is remunerative in spirit, aiming to provide compensation for the harm suffered by those
whose interests have been invaded owing to the conduct of others.
b. The above doctrines reveal a common thread. The failure of the bicycle owner to comply with accepted
safety practices, whether or not imposed by ordinance or statute, is not sufficient to negate or mitigate
recovery unless a causal connection is established between such failure and the injury sustained. The
principle likewise finds affirmation in Sanitary Steam, wherein we declared that the violation of a traffic
statute must be shown as the proximate cause of the injury, or that it substantially contributed thereto.
Aonuevo had the burden of clearly proving that the alleged negligence of Villagracia was the proximate or
contributory cause of the latters injury.
11. Neither does Aonuevo attempt before this Court to establish a causal connection between the safety violations
imputed to Villagracia and the accident itself. Instead, he relied on a putative presumption that these violations in
themselves sufficiently established negligence appreciable against Villagracia. Since the onus on Aonuevo is to
conclusively prove the link between the violations and the accident, we can deem him as having failed to discharge
his necessary burden of proving Villagracias own liability.
12. Neither can we can adjudge Villagracia with contributory negligence.
a. To prove contributory negligence, it is still necessary to establish a causal link, although not proximate,
between the negligence of the party and the succeeding injury. In a legal sense, negligence is
contributory only when it contributes proximately to the injury, and not simply a condition for its
occurrence.