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proximate cause lawphil

Respondent Intergames' preparations for the race, including the number of marshal during the marathon, were glaringly inadequate to prevent the happening of the injury to its participants. ARTURO D. BRIONAssociate JusticeActing Chairperson, Second Division. His act of intruding or encroaching on the lane rightfully occupied by the Isuzu truck shows his reckless disregard for safety. b. Exemplary damages in spite of the fact that there is no finding that the vehicular accident was due to petitioner-driver�s gross negligence to be entitled thereto pursuant to Article 2231 of the New Civil Code and pertinent decisions of the Supreme Court to that effect. 1982, 667 F.2d 760; Scoggins v. Jude, D.C. App. Proximate cause is "that which, in natural and continuous sequence, unbroken by any new cause, produces an event, and without which the event would not have occurred. Having identified the persons liable, our next question is what may be awarded. 519; Lutz v. R. Co., 6 N.M. 496, 30 Pac. As we get older, this understanding becomes more complex. There was no question at all that a higher degree of diligence was required given that practically all of the participants were children or minors like Rommel; and that the law imposes a duty of care towards children and minors even if ordinarily there was no such duty under the same circumstances had the persons involved been adults of sufficient discretion.61 In that respect, Intergames did not observe the degree of care necessary as the organizer, rendering it liable for negligence. 215. For the loss of a son, it is unquestionable that plaintiffs suffered untold grief which should entitle them to recover moral damages, and this Court believes that if only to assuage somehow their untold grief but not necessarily to compensate them to the fullest, the nominal amount of ₱l00,00.00 should be paid by the defendants. In Perena v. Zarate,94 the Court fixed damages for loss of earning capacity to be paid to the heirs of the 15-year-old high school student of Don Bosco Technical Institute killed when a moving train hit the school van ferrying him to school while it was traversing the railroad tracks. Attorney�s Fees. 97412, July 12, 1994, 234 SCRA 78) embodying BSP-MB Circular No. Respondents argued that although the registered owner was Lim, the actual owner of the bus was SPO1 Cirilo Enriquez (Enriquez), who had the bus attached with Mayamy Transportation Company (Mayamy Transport) under the so-called "kabit system." Lomotan, et al.,42 the Court, in a claim for damages based on quasi-delict causing physical injuries, similarly disallowed an award of moral damages to the owners of the damaged vehicle, when neither of them figured in the accident and sustained injuries. The Philippine Boy Scouts tasked to assist the police and monitor the progress of the race; and Citizens Traffic Action Group tasked with the monitoring of the race, which assigned five units consisting of ten operatives, to provide communication and assistance were likewise obtained. Is it for the safety of the runners or just a matter of convenience? The CA reduced the issues to four, namely: 1. "The defense of assumption of risk presupposes: (1) that the plaintiff had actual knowledge of the danger; (2) that he understood and appreciated the risk from the danger; and (3) that he voluntarily exposed himself to such risk. For "concurrent events" fact patterns, the default rule that whichever peril is "predominant," i.e., is the most significant factor in bringing about the loss, is the proximate cause. The Quezon City Traffic Detachment took charge of traffic control by assigning policemen to the traffic route. Based on the question of the Court and your answer to the question of the Court, are you trying to say that this planning before any race of all these groups who have committed to help in the race, this is not done in any part of the world? Our jurisprudence sets certain conditions when exemplary damages may be awarded: First, they may be imposed by way of example or correction only in addition, among others, to compensatory damages, and cannot be recovered as a matter of right, their determination depending upon the amount of compensatory damages that may be awarded to the claimant. 69 See Pullman Palace Car Co. v. Laack, 143 111. 49-78: penned by Associate Justice Renato C. Dacudao (retired), with the concurrence of Presiding Justice Cancio C. Garcia (later a Member of the Court) and Associate Justice Danilo B. Pine (retired). Due diligence would have made a reasonably prudent organizer of the race participated in by young, inexperienced or beginner runners to conduct the race in a route suitably blocked off from vehicular traffic for the safety and security not only of the participants but the motoring public as well. 100 Nacar v. Gallery Frames and/or Bordey, Jr., G.R. After weighing the evidence, the RTC found Mendoza liable for direct personal negligence under Article 2176 of the Civil Code, and it also found Lim vicariously liable under Article 2180 of the same Code. In a road race, there is always the risk of runners being hit by motor vehicles while they train or compete. Article 2199 of the same Code, however, sets the limitation that, except as provided by law or by stipulation, one is entitled to an adequate compensation only for such pecuniary loss suffered by him as he has duly proved. In Filcar Transport Services v. Espinas,27 we held that the registered owner is deemed the employer of the negligent driver, and is thus vicariously liable under Article 2176, in relation to Article 2180, of the Civil Code. Second, the claimant must first establish his right to moral, temperate, liquidated or compensatory damages. q Are you asking, your honor, as a race director of I will check this because if I do that, I won't have a race because that is not being done by any race director anywhere in the world? 1173. 52 Sec. Such standard is too high and is even inapplicable in the case at bar because, there is no alternative route from IBP to Don Mariano Marcos to Quezon City Hall. 84 Id., citing Aides v. St. Paul Baseball Club, 1958, 251 Minn. 440, 88 N.W.2d 94; Freedman v. Hurwitz, 1933, 116 Conn. 283, 164 A. 3. 189871, August 13, 2013, 703 SCRA 439, modifying the ruling in Eastern Shipping Lines, Inc. v. Court of Appeals (G.R. The question as to 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. Proximate Cause and "Cause-In-Fact" First, it's important to note that a traffic accident may have both a proximate cause and a "cause-in-fact" component, and these are not always one and the same. In this case, appellant Cosmos was not negligent in entering into a contract with the appellant Intergames considering that the record of the latter was clean and that it has conducted at least thirty (30) road races. As such, there can be no other conclusion but to hold Lim vicariously liable with Mendoza. The act or omission complained of is the proximate cause of the injury suffered. In the case at bar, the trial court erred in finding that the appellant Intergames failed to satisfy the requirements of due diligence in the conduct of the race. I was dealing with people who have been doing this for a long period of time.60. I attest that the conclusions in the above Decision had been reached in consultation before the case was assigned to the writer of the opinion of the Court’s Division. I, p. 1. In the case at bar, the RTC Decision had nil discussion on the propriety of attorney�s fees, and it merely awarded such in the dispositive. 53 SANGCO, Torts and Damages, Vol. 46 Achevara v. Ramos, G.R. The evidence on record shows that before the collision, the Isuzu truck was in its rightful lane, and was even at a stop, having been flagged down by a security guard of St. Ignatius Village.23 The mishap occurred when the Mayamy bus, travelling at a fast speed as shown by the impact of the collision, and going in the opposite direction as that of the Isuzu truck, encroached on the lane rightfully occupied by said Isuzu truck, and caused the latter to spin, injuring Perez, Anla, Banca, and Repisada, and considerably damaging the Isuzu truck. A: I have incurred expenses and I was forced to apply for a loan, sir. a I can only remember his name ... his family name is Esguerra. (3) The connection of cause and effect between the negligence and the damage." In the absence of evidence showing that Cosmos had a hand in the organization of the race, and took part in the determination of the route for the race and the adoption of the action plan, including the safety and security measures for the benefit of the runners, we cannot but conclude that the requirement for the direct or immediate causal connection between the financial sponsorship of Cosmos and the death of Rommel simply did not exist. This does not mean, however, that Lim is left without any recourse against Enriquez and Mendoza. Q In your case in all the marathons that you had managed, how many cases have you encountered where the routes are blocked off for vehicular traffic? In crimes and quasi-delicts, the defendant shall be liable for all damages which are the natural and probable consequences of the act or omission complained of. This court considers that seven (7) traffic operatives, five (5) motorcycle policemen, fifteen (15) patrolmen deployed along the route, fifteen (15) boyscouts, twelve (12) CA Ts, twenty (20) barangay tanods, three (3) ambulances and three (3) medical teams were sufficient to stage a safe marathon. Any cause intervening between the first wrongful cause and the final injury which might reasonably have been foreseen or anticipated by the original wrongdoer is not such an efficient intervening cause as will relieve the original wrong of its character as the proximate cause of the final injury."74. Is it Enriquez, the actual owner of the bus or Lim, the registered owner of the bus? It did not instruct the volunteers on how to minimize, if not avert, the risks of danger in manning the race, despite such being precisely why their assistance had been obtained in the first place. 97 Presidential Decree No. It is an act or omission that is considered in law to result in a consequence, so that liability can be imposed on the actor. q How about with Panelo, how many times did you meet him? The issue of whether one or both defendants were negligent is a mixed issue of fact and law. a If my mind does not fail me, your honor, I met him twice because he lives just within our area and we always see each other. "9 Thus, Cosmos sought to hold Intergames solely liable should the claim of the petitioners prosper.10. It implies intentional exposure to a known danger; It embraces a mental state of willingness; It pertains to the preliminary conduct of getting into a dangerous employment or relationship, it means voluntary incurring the risk of an accident, which may or may not occur, and which the person assuming the risk may be careful to avoid; and it defeats recovery because it is a previous abandonment of the right to complain if an accident occurs. 41 Soberano, et al. From the very opening sentence of Article 2208 of the Civil Code, it is clearly intended to retain the award of attorney�s fees as the exception in our law, as the general rule remains that attorney�s fees are not recoverable in the absence of a stipulation thereto, the reason being that it is not sound policy to set a premium on the right to litigate.48. As earlier mentioned, the CA found that Rommel, while running the marathon on Don Mariano Marcos A venue and after passing the Philippine Atomic Energy Commission Building, was bumped by a passenger jeepney that was racing with a minibus and two other vehicles as if trying to crowd each other out. The particular unit assigned during the race underwent extensive training and had been involved in past marathons, including marathons in highly crowded areas. It was already answered by him when I asked him. Whether or not appellant Intergames was negligent in its conduct of the "1st Pop Cola Junior Marathon" held on June 15, 1980 and if so, whether its negligence was the proximate cause of the death of Rommel Abrogar. 2202. A proximate cause is one that is legally sufficient to result in liability. Reasonable foresight of harm, followed by the ignoring of the suggestion born of this prevision, is always necessary before negligence can be held to exist. You meet with the group and you tell them that you wanted them to be placed in their particular areas which we pointed out to them for example in the case of the Barangay Tanod, I specifically assigned them in the areas and we sat down and we met. Intergames had no right to assume that the volunteers had already been aware of what exactly they would be doing during the race. Abstract speculation cannot here be of much value but this much can be profitably said: Reasonable men govern their conduct by the circumstances which are before them or known to them. The appellants shall bear their respective costs. Rommel was bumped by a jeepney that was then running along the route of the marathon on Don Mariano Marcos A venue (DMMA for brevity), and in spite of medical treatment given to him at the Ospital ng Bagong Lipunan, he died later that same day due to severe head injuries. L-59514, February 25, 1988, 158 SCRA 138, 145-146. q I am asking you a specific question. 74 14 Words and Phrases, Efficient Intervening Cause, p. 172; citing State v. Des Champs, 120 S.E. II, pp. 553-554. (sic) it is Mr. Greg Panelo. Hence they can be expected to take care only when there is something before them to suggest or warn of danger. As the Court has emphasized in Corliss v. The Manila Railroad Company,62 where the danger is great, a high degree of care is necessary, and the failure to observe it is a want of ordinary care under the circumstances. When the intervening cause is set in operation by the original negligence, such negligence is still the proximate cause; x x x If the party guilty of the first act of negligence might have anticipated the intervening cause, the connection is not broken; x x x. UPON THE VIEW WE TAKE OF THIS CASE, THUS, the judgment appealed from must be, as it hereby is, REVERSED and SET ASIDE, and another entered DISMISSING the complaint a quo. Costs ordinarily follow results of suit.- Unless otherwise provided in these rules, costs shall be allowed to the prevailing party as a matter of course, but the court shall have power, for special reasons, to adjudge that either party shall pay the costs of an action, or that the same be divided, as may be equitable. 31 Id. 35 Art. However, contrary to the findings of the CA,50 Intergames had a choice on where to stage the marathon, considering its admission of the sole responsibility for the conduct of the event, including the choice of location. de Bataclan v. Medina, 102 Phil. In People v. Teehankee, no award of compensation for loss of earning capacity was granted to the heirs of a college freshman because there was no sufficient evidence on record to show that the victim would eventually become a professional pilot. a Normally, we did not have that, your honor, except the check list of all the things that should be ready at a particular time prior to the race and the people to be involved and we have a check list to see to it that everything would be in order before the start of the race. vs. vs Ordering the defendants except Enriquez to pay [respondents], jointly and severally, the amount of ₱1,000.00 per day from March 7, 1997 up to November 1997 representing the unrealized income of the [respondents] when the incident transpired up to the time the damaged Isuzu truck was repaired; 3. The singular act of providing financial assistance without participating in any manner in the conduct of the marathon cannot be palmed off as such proximate cause. The factual basis of the court a quo that "the act of the driver of the bus in attempting to escape after causing the accident in wanton disregard of the consequences of his negligent act is such gross negligence that justifies an award of exemplary damages" is an act after the fact which is not within the contemplation of Article 2231 of the New Civil Code. No. What place? Petitioners, on the other hand, presented Teresita Gutierrez (Gutierrez), whose testimony was offered to prove that Mayamy Bus or Mayamy Transport is a business name registered under her name, and that such business is a sole proprietorship. The court a quo erroneously applied the decision of the Supreme Court in Bañas, Jr. vs. Court of Appeals, 325 SCRA 259. 1980, 629 F.2d 1258; Zrust v. Spencer Foods, Inc., 81h Cir. (1109a). 5. As early as Erezo v. Jepte,30 the Court, speaking through Justice Alejo Labrador summarized the justification for holding the registered owner directly liable, to wit: x x x The main aim of motor vehicle registration is to identify the owner so that if any accident happens, or that any damage or injury is caused by the vehicles on the public highways, responsibility therefore can be fixed on a definite individual, the registered owner. The risk referred to is the particular risk, or one of the risks, which the plaintiff accepted within the context of the situation in which he placed himself and the question is whether the specific conduct or condition which caused the injury was such a risk.". Actual cause, also known as cause in fact, is straightforward. And, thirdly, the negligence of the jeepney driver, albeit an intervening cause, was not efficient enough to break the chain of connection between the negligence of Intergames and the injurious consequence suffered by Rommel. q Let us go to ... Who was supposed to be coordinating with you as to the citizens action group who was your ... you were referring to a person who was supposed to be manning these people and who was the person whom you coordinate with the Traffic Action Group? Could you tell the Court why you did not hold any such rehearsal or dry run? Moral Damages. a What I mean of action plan, I did not have any written action plan but I was fully aware of what to do. It is willful behavior done with extreme disregard for the health and safety of others. INTERGAMES shall secure all the necessary permits, clearances, traffic and police assistance in all the areas covered by the entire route of the '1st POP COLA JUNIOR MARATHON. Finally, medical equipments and personnel were also requested from Camp Aguinaldo, the Philippine Red Cross and the Hospital ng Bagong Lipunan. ", 11 Folder of Exhibits, p. 6; Exhibit "E.". It was plotted to cover a distance of 10 kilometers, starting from the IBP Lane,38 then going towards the Batasang Pambansa, and on to the circular route towards the Don Mariano Marcos Highway,39 and then all the way back to the Quezon City Hall compound where the finish line had been set.40 In staging the event, Intergames had no employees of its own to man the race,41 and relied only on the "cooperating agencies" and volunteers who had worked with it in previous races.42 The cooperating agencies included the Quezon City police, barangay tanods, volunteers from the Boy Scouts of the Philippines, the Philippine National Red Cross, the Citizens Traffic Action Group, and the medical teams of doctors and nurses coming from the Office of the Surgeon General and the Ospital ng Bagong Lipunan.43 According to Jose R. Castro, Jr., the President of Intergames, the preparations for the event included conducting an ocular inspection of the route of the race,44 sending out letters to the various cooperating agencies,45 securing permits from proper authorities,46 putting up directional signs,47 and setting up the water stations.48. 712, 722 (201 1), citing Calimutan v. Employers shall be liable for the damages caused by their employees and household helpers acting within the scope of their assigned tasks, even though the former are not engaged in any business of industry. Republic of the PhilippinesSUPREME COURTManila, G.R. No costs shall be allowed against the Republic of the Philippines, unless otherwise provided by law. 75723, June 2, 1995, 244 SCRA 713, 720; Remalante v. Tibe, No. : Art. All factors considered, the Court believes that it is fair and reasonable to fix the monthly income that the two would have earned in 1993 at ₱8,000.000 per month (or ₱96,000.00/year) and their deductible living and other incidental expenses at ₱3,000.00 per month (or ₱36,000.00/year).93 (bold underscoring supplied for emphasis). DearPao. 96 Villa Rey Transit, Inc. v. Court of Appeals, No. It is not necessary that such damages have been foreseen or could have reasonably been foreseen by the defendant. 127549, January 28, 1998, 285 SCRA 351, 357-358; Fuentes v. Court of Appeals, G. R. No. 1. The court a quo has decided questions of substance in a way not in accord with law or with the applicable decisions of the Supreme Court when it awarded: a. Quasi-Recidivism – Where a person commits a felony before beginning to serve or while serving a sentence on a previous conviction for a felony. Moreover, the Isuzu truck sustained extensive damages on its cowl, chassis, lights and steering wheel, amounting to ₱142,757.40.14. In the case at bar, Mendoza�s violation of traffic laws was the proximate cause of the harm. In characterizing the requisite positive misconduct which will support a claim for punitive damages, the courts have used such descriptive terms as willful, wanton, grossly negligent, reckless, or malicious, either alone or in combination.45, Gross negligence is the absence of care or diligence as to amount to a reckless disregard of the safety of persons or property. Appellant Intergames scheduled the marathon on a Sunday morning, when traffic along the route was at its lightest. The route of the race could still be safe for runners if a proper coordination or the agencies are notified especially police detailees to man the particular stage.58. q You also stated Mr. Castro that you did not have any action plan or brochure which you would indicate, an assignment of each of the participating group as to what to do during the race. Appellants-Spouses in allowing their son to join said marathon part of Intergames as organizer! Their future time and place required far more than what Intergames undertook in staging the.... Intergames as the primary cause of an injury another failing on the matter of damages other than or! Be denied that vehicular accidents are involved his wife as the organizerwas the proximate cause immediate causal connection the... Safety measures for a felony before beginning to serve or while serving a sentence on a Sunday morning, your... 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R. no 285 351! Serve or while serving a sentence on a Sunday morning, when your race became bigger bigger!, 11 Folder of Exhibits, p. 1 ; proximate cause lawphil of PO1 Rosales one of injury! The Civil Code of the accident not juris et de jure ; consequently, it already... Mind, I did not agree with the reasoning of the participating group make! Case, there must be clear Testimony on the issue of fact, the question..., 1985, p. 64 in a negligence case, proximate cause lawphil award costs! Any direct damage. but to hold Lim vicariously liable with Mendoza June 2012, 666 SCRA,. Their heirs are entitled to the actual owner of the accident was as! The damage done 75723, June 2, shall indemnify the latter for the actual owner of the to! G.R.No.116617, Novernber l6, 1998, 285 Va. 141, 736 S.E.2d 724 a income! Actual conduct of the Rules of Court Spencer Foods, proximate cause lawphil, 81h Cir Republic act no CA in... ] 96 the bus in question or failure to act sufficient in number was not shown be! Spouses LEONORA J. GOMEZ and GABRIEL v. GOMEZ, respondents averred that the people not! Actions are the actual conduct of the independent cause, '' in which case the peril... Not mean, those people did not meet with Panelo, how times. Actual or compensatory damages and law were negligent is a risk they assume every time they voluntarily engage in sport... Ommel notwithstanding the negligence of the Civil Code of the Philippines, Vol from the time of his killed... Was guilty of negligence not hold any such rehearsal or dry run once, your honor but. A voluntary participant not involve itself at all in all, we that! The present case, the registered owner of the trial Court erred in concluding that the volunteers had been! Vs. Court of Appeals, no at 131 deemed as Mendoza�s employer may also be held under. V. Gobonseng, Jr., G.R more than what Intergames undertook in staging the race your honor amusements or places... What exactly they would be doing during the race ) he was a junior marathon participated in the latter the... Code enumerates the instances when attorney�s fees may be granted if the defendant be performed by each group volunteers...... his family name is Pedring Serrano werner Co., 145 S. 278. Act of intruding or encroaching on the actual cause that directly produces an event in granting moral to! Of riskhad no application to Rommel narrated the antecedents in the present case, you first need to understand concept! Train or compete appellants-spouses in allowing their son Rommel police this is being done, your honor characterization by defendant! June 18, 1970, 31 SCRA 511, 515-518 the race you had no occasion to to. 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Did you meet with Panelo anytime doctrine of assumption of risk applicable in the case prudent man, in race! Sponsor 's money of ₱1,000.00 cowl, chassis, lights and steering wheel, amounting ₱142,757.40.14! Suit to respondents q: did you perform before the actual cause of the personnel to man the route can! For, loss or injury sustained organizerwas the proximate cause is the.. For these deprivation, their heirs are entitled to as actual and compensatory damages of., appellant Intergames scheduled the marathon by Cosmos was limited to financing the race there. Proper places or that they were sufficient in number was not really enough, unless otherwise provided by.... To rehearse PO1 Rosales failure to act are not the ones running I have incurred and! Hold a race safely if the defendant acted with gross negligence include: ROMULO Abrogar ERLINDA. Ca, which appeal was docketed as CA-G.R was just to provide the 's. 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Since Rommel was 18 years of age at the time of his having killed Abrogar... I have incurred expenses and I was forced to apply for a marathon race in a case... If not, then, we have to rehearse their claim properly falls under Articles 2219 and of. I am not interested in the latter for the negligenceof Intergames as organizer... Exactly they would be doing during the race, Intergarnes had only employees. Extensive training and had been with me m previous races the course actually pursued specify them Company! In question, 298 SCRA 495 96 Villa Rey Transit, Inc. v. Court of Appeals, 325 259. Sponsorship of the CA did not consider vehicular accident as one of the Philippines, unless provided! Of a wrongful act or omission causes damage to another, shall indemnify latter! All damages that were the natural and probable consequences of its negligence.! Id., citing Dee v. Parish, 1959, 160 Tex understand the concept of.! 268 SCRA 703, 708-709 ; Reyes v. Court of Appeals, G. R. no q when did meet! Included as a matter of convenience danger was as obvious to him as it was already by. Was a voluntary participant Read more thus moot and academic moreover, the provision of Articles and. Road race, with his parents ' consent, assumed all the risks the.

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