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PROXIMATE CAUSES

Phoenix Construction vs IAC - allegedly drunk driver of car and dump truck figured out in a collision;
dump truck was parked askew (not parallel to the street curb)

Mendoza vs Spouses Gomez - Mayammy Transportation; reckless imprudence resulting in damage to


property and multiple physical injuries; lim should be held vicariously

REMOTE CAUSE

St. Mary's Academy vs Carpitanos - student died in an enrollment drive; the driver of the jeep was a
minor

CONCURRENT CASE

Sabido vs Custodio - collision of two trucks; Custodio was hanging on the left side of the truck;
petitioner's truck had the last clear chance (equally liable)

EFFICIENT INTERVENING CAUSE

Teague vs Fernandez - 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 which it
happened, was the very thing which the statute or ordinance was intended to prevent; Realistice
Institute (hair and beauty culture school); fire; stampede in the stairway

Urbano vs IAC - Urbano found the place where he stored his palay flooded with water; hacking incident;
tetanus

LAST CLEAR CHANCE


Engada vs CA - blue Toyota jeepney; bound for Iloilo; an individual who suddenly finds himself in a
situation of danger and is required to act without much time to consider the best means may be
adopted to avoid the impending danger, is not guilty of negligence if he fails to undertake what
subsequently and upon reflection may appear to be a better solution, unless the emergency was brought
by his own negligence.

Consolidated Bank vs CA - last clear chance is not applicable; Solid Bank is liable for breach of contract

PERSONS LIABLE

TORTFEASORS

Loadmasters customs vs Glodel Brokerage - R & B Insurance; Loadmaster and Glodel are common
carriers; No contract of agency; solidarily liable

VICARIOUS LIABILITY

Agapito Fuellas vs Elpidio Cadano, et al. - 13 years old; parties were classmates at St. Mary's High School;
pater familias, father is solidarily liable with his minor son

Rodriguez-Laguna vs IAC - vehicular collision; Go-kart; as a matter of equity, the liability of his father
should be subsidirary only; the Court is unwilling to apply equity instead of strict law in this case because
to do so will not serve the ends of justice. Luis dela Rosa is abroad and beyond the reach of Phil. courts.
Moreover, he does not have any property either in the Philippines or elsewhere. In fact, his earnings are
insufficient to support his family.

Libi vs IAC - Lovers; Wendel killed his GF using a gun; parentd shoulf be held primarily liable for the civil
liability arising from the criminal offenses committed by their minor children under their legal authority
or control, or who live in their company, unless it is proven that the former acted with diligence of a
good father of a family to prevent such damages.
Cuadra vs Manfort - classmates; innocent prank; swollen eye --- complete loss of eyesight of her right
eye; nothing from which it may be inferred that the defendant could have prevented the damage by the
observance of due care; it was an innocent prank not unusual among children at play and which no
parent, however careful, would have any special reason to anticipate much less guard against it.

St. Joseph College vs Miranda - chemicals exploded on the eye of Jason; Petitioner is remiss in their duty
to prevent the mishap; Estefania Abdan is equally at fault as the subject adviser or teacher becaude she
exercised control and supervision over Tabugo and students themselves; Instructions are not enough;
Schools should provide protective gears and devices to shield students from expected risks and
anticipated dangers; SJC's liability is solidary.

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