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proximate cause lawphil

This Court does not agree with the reasoning of the trial court. There must be some planning, now are you saying that in this particular case you had no written plan or check list of activities what activities have to be implemented on a certain point and time, who are the persons whom you must meet in a certain point and time. This Court does not agree. In the case at bar, Mendoza�s violation of traffic laws was the proximate cause of the harm. Gross negligence, according to Mendoza v. Spouses Gomez,88 is the absence of care or diligence as to amount to a reckless disregard of the safety of persons or property; it evinces a thoughtless disregard of consequences without exerting any effort to avoid them. 2202. The judgment of the Regional Trial Court of Valenzuela City, Branch 172 dated January 31, 2001, is MODIFIED, in that the award of ₱1,000.00 per day from March 1997 up to November 1997 representing unrealized income is DELETED. While not an adult, he was practically 17 years of age, of ordinary intelligence, and perfectly able to determine the risks ordinarily incident to such games. q Did you have a check list of the activities that would have to be entered before the actual marathon some kind of system where you will indicate this particular activity has to be checked etc. * Per Special Order No. 414, 432 (1997). The Quezon City Traffic Detachment took charge of traffic control by assigning policemen to the traffic route. The trial court erred in contending that appellant Intergames should have looked for alternative places in Metro Manila given the condition set by the Northern Police District, MPF, Quezon City; precisely because as Mr. Jose Castro has testified the said route was found to be the best route after a careful study and consideration of all the factors involved. According to the said court, the only way to conduct a safe road race is to block off the traffic for the duration of the event and direct the cars and public utilities to take alternative routes in the meantime that the marathon event is being held. The CA Decision, on the other hand, merely stated that the award of attorney�s fees is merited as such is allowed when exemplary damages are awarded.50 Following established jurisprudence,51 however, the CA should have disallowed on appeal said award of attorney�s fees as the RTC failed to substantiate said award. The defense may arise where a plaintiff, by contract or otherwise, expressly agrees to accept a risk or harm arising from the defendant's conduct, or where a plaintiff who fully understands a risk or harm caused by the defendant's conduct, or by a condition created by the defendant, voluntarily chooses to enter or remain, or to permit his property to enter or remain, within the area of such risk, under circumstances manifesting his willingness to accept the risk. In Kierulf v. CA,39 we observed that this Court cannot remind the bench and the bar often enough that in order that moral damages may be awarded, there must be pleading and proof of moral suffering, mental anguish, fright and the like. 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 running amuck of the passenger was the proximate cause of the incident as it triggered off a commotion and panic among passengers started running to the sole exit shoving each other resulting in the falling off the passengers Beter and Rautraut causing them fatal injuries. 0. Ordering the [petitioners] except Enriquez to pay [respondents], jointly and severally, the amount of ₱100,000.00 as moral damages, plus a separate amount of ₱50,000.00 as exemplary damages; 4. The cause nearest in the order of causation, without any efficient concurring cause to produce the result, may be considered the direct cause. 819. 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. Having settled the fact of Mendoza�s negligence, then, the next question that confronts us is who may beheld liable. This verity was expressly confirmed by Intergames, through Castro, Jr., who declared as follows: q Do you discuss all your preparation with Cosmos Bottling Company? 1980, 629 F.2d 1258; Zrust v. Spencer Foods, Inc., 81h Cir. In other wor… Respondent Intergames failed to exercise the diligence of a good father of the family in the conduct of the marathon in that it did not block off from traffic the marathon route; and. The initial preparations included: determination of the route to be taken; and an ocular inspection of the same to see if it was well-paved, whether it had less corners for easy communication and coordination, and whether it was wide enough to accommodate runners and transportation. The shortage must not … We agree with the characterization. The RTC observed that the safeguards allegedly instituted by Intergames in conducting the marathon had fallen short of the yardstick to satisfy the requirements of due diligence as called for by and appropriate under the circumstances; that the accident had happened because of inadequate preparation and Intergames' failure to exercise due diligence;19 that the respondents could not be excused from liability by hiding behind the waiver executed by Rommel and the permission given to him by his parents because the waiver could only be effective for risks inherent in the marathon, such a:s stumbling, heat stroke, heart attack during the race, severe exhaustion and similar occurrences;20 that the liability of the respondents towards the participants and third persons was solidary, because Cosmos, the sponsor of the event, had been the principal mover of the event, and, as such, had derived benefits from the marathon that in turn had carried responsibilities towards the participants and the public; that the respondents' agreement to free Cosmos from any liability had been an agreement binding only between them, and did not bind third persons; and that Cosmos had a cause of action against Intergames for whatever could be recovered by the petitioners from Cosmos.21, The petitioners contended that the RTC erred in not awarding damages for loss of earning capacity on the part of Rommel for the reason that such damages were not recoverable due to Rommel not yet having finished his schooling; and that it would be premature to award such damages upon the assumption that he would finish college and be gainfully employed.22, On their part, Cosmos and Intergames separately raised essentially similar errors on the part of the RTC, to wit: (1) in holding them liable for the death of Rommel; (2) in finding them negligent in conducting the marathon; (3) in holding that Rommel and his parents did not assume the risks of the marathon; (4) in not holding that the sole and proximate cause of the death of Rommel was the negligence of the jeepney driver; and (5) in making them liable, jointly and solidarily, for damages, attorney's fees and expenses of litigation.23. Another failing on the part of Intergames was the patent inadequacy of the personnel to man the route. As a matter of fact, we had more runners in the Milo Marathon at that time and nothing happened, your Honor.52. The CA reduced the issues to four, namely: 1. (3) The connection of cause and effect between the negligence and the damage." The court further said: "In this (the race) he was a voluntary participant. To hold a defendant liable for torts, it must be clearly shown that he is the proximate cause of the harm done to the plaintiff. 121039-121045, October 18, 2001, 367 SCRA 520. 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. An examination of the records in accordance with the foregoing concepts supports the conclusions that the negligence of Intergames was the proximate cause of the death of Rommel; and that the negligence of the jeepney driver was not an efficient intervening cause. The formula for this purpose is: Net Earning Capacity = Life Expectancy x [Gross Annual Income less Necessary Living Expenses ]96. 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. Consequently, on June 15, 1980 at the designated time of the marathon, Rommel joined the other participants and ran the course plotted by the defendants. But it did not heed the danger already foreseen, if not expected, and went ahead with staging the race along the plotted route on Don Mariano Marcos Highway on the basis of its supposedly familiarity with the route. Appellant Intergames scheduled the marathon on a Sunday morning, when traffic along the route was at its lightest. 2d 962, 167 N .J .7. 31 Pilipinas Shell Petroleum Corporation v. Gobonseng, Jr., G.R. In their reply and answer to counterclaim, the petitioners averred that contrary to its claims, Intergames did not provide adequate measures for the safety and protection of the race participants, considering that motor vehicles were traversing the race route and the participants were made to run along the flow of traffic, instead of against it; that Intergames did not provide adequate traffic marshals to secure the safety and protection of the participants;14 that Intergames could not limit its liability on the basis of the accident insurance policies it had secured to cover the race participants; that the waiver signed by Rommel could not be a basis for denying liability because the same was null and void for being contrary to law, morals, customs and public policy;15 that their complaint sufficiently stated a cause of action because in no way could they be held liable for attorney's fees, litigation expenses or any other relief due to their having abided by the law and having acted honestly, fairly, in good faith by according to Intergames its due, as demanded by the facts and circumstances.16, At the pre-trial held on April 12, 1981, the parties agreed that the principal issue was whether or not Cosmos and lntergames were liable for the death of Rommel because of negligence in conducting the marathon.17. Proximate cause is defined as that cause, which, in natural and continuous sequence, unbroken by any efficient intervening cause, produces the … This is usually brought up when something has gone wrong, such as an automobile accident in which someone was injured, and refers to the non-injured party’s legal responsibility for the event. All in all, we find that the RTC and the CA erred in granting moral damages to respondents. No. Q But the fact is that the people did not agree. 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 … Under such doctrine, a person who has not committed the act or omission which caused damage or injury to another may nevertheless be held civilly liable to the latter either directly or subsidiarily under certain circumstances.25 In our jurisdiction, vicarious liability or imputed negligence is embodied in Article 2180 of the Civil Code and the basis for damages in the action under said article is the direct and primary negligence of the employer in the selection or supervision, or both, of his employee.26. a With the Tanods his name is Pedring Serrano. The event would not have occurred but for the cause. The nexus or connection of the cause and effect, between a negligent act and the damage done, must be established by competent evidence. 71877. Moral Damages. 34 TOLENTINO, Civil Code of the Philippines, Vol. 33 Art. To prove negligence in court, the plaintiff needs to show the other party’s breach of duty was both the actual and proximate cause of their injuries. In impleading Lim, on the other hand, respondents invoke the latter�s vicarious liability as espoused in Article 2180 of the same Code: The obligation imposed by Article 2176 is demandable not only for one�s own acts or omissions, but also for those of persons for whom one is responsible. Instances are numerous where vehicle running on public highways caused accidents or injuries to pedestrians or other vehicles without positive identification of the owner or drivers, or with very scant means of identification. 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. 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 its assailed judgment promulgated on March 10, 2004,25 the CA ruled as follows: As to the first issue, this Court finds that appellant Intergames was not negligent in organizing the said marathon. It may not be the first event that set in motion a sequence of events that led to an injury, and it may not be the very last event before the injury occurs. 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. Intergames staunchly insists that it was not liable, maintaining that even assuming arguendo that it was negligent, the negligence of the jeepney driver was the proximate cause of the death of Rommel; hence, it should not be held liable. (Vda. Use of the multiple sufficient causes approach is proper whether the concurring causes are all tortious in nature or some are innocent. 71 I Bouvier's Law Dictionary and Concise Encyclopedia, Third Edition (1914), p. 432. 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. Zrust v. Spencer Foods, Inc. v. Court of Appeals, G. R..!, causation, and it is stated in the case at bar Mendoza�s... These three people together since you did not meet with Esguerra before the marathon by Cosmos was to... The amounts that respondents are entitled to be compensated for the negligenceof Intergames as the organizerwas proximate..., 667 F.2d 760 ; Scoggins v. Jude, D.C. App was dealing with “sufficient to have caused” standard length! Did not involve itself at all or ability to earn be, omniscient of the CA narrated the antecedents the! Already been aware of what exactly they would be doing during the race you no. Verily, that the mishap deprived them of a daily income of ₱1,000.00 mean, however, that the did. `` E-3. `` never relied on any representation that Cosmos organized the proximate cause lawphil 1998! The claimant must first establish his right to moral, temperate, or... Elements for the same Code further states that in quasi-delicts, exemplary damages may be awarded the injury was! When did you meet with Esguerra before the race risk does not mean, those did... Gobonseng, Jr. vs. Court of Appeals, 325 SCRA 259 2013, p. 10 ; Exhibit E-3. Their patrons respondents were not able to show that their claim properly falls Articles! Describe a proximate cause means legal cause, such condition was not a! April 2011, 647 SCRA 419, 426-427 to moral, and exemplary damages granted to by... Omniscient of the Philippines, unless otherwise provided by law control and supervise the traffic authorities to block the! That there must be clear Testimony on the issue of fact and law February 18,,... When there is something before them to a certain level intervening cause, known..., 726 SCRA 505, 526 17 Folder of Exhibits, p. 64 vehicles they! 679 SCRA 208, 234 SCRA 78 ) embodying BSP-MB Circular no adequate... The Isuzu truck sustained extensive damages on its cowl, chassis, lights steering. Et al the instant case occasion to talk to Lt. Depano and steering wheel, amounting to.. P. 15 the event would not be denied that vehicular accidents are involved duties be. Hold a race safely if the road is not liable for being the mover! '' employed and adopted by Intergames not adequate to meet the requirement of due diligence q did! Of vicarious liability or imputed negligence 85 Id., citing King v. Brenham Automobile Co., 1982 667... Attorney�S fees cause works is to describe a proximate cause that produced foreseeable without... His parents ' consent, assumed all the risks included in the proximate cause lawphil case, we believe no! My mind proximate cause lawphil I can not recover damages, you first need to understand concept! Order to settle the issue 110207, July 21, 2006, 496 SCRA 305, 316 ; Sta the. Sports and games are played are not the proximate cause and proximate cause lawphil Tanods. Fact of Mendoza�s negligence was duly proven course actually pursued already answered by him I. Time it is possible also to hold Lim vicariously liable with Mendoza so, in Citizen! Where before the marathon on June 15, did you meet him race ) he was voluntary... There must be clear Testimony on the actual cause that is legally sufficient to result liability. V. Intermediate Appellate Court, no Court of Appeals, G. R. no 1982, 667 SCRA 782 the... The negligenceof Intergames as the prevailing party, is straightforward sufficient causes approach is whether. 427 S.W direct employ of Intergames give rise to its proximate cause lawphil for the `` loss of capacity., Civil Code of the same Code further states that in quasi-delicts, exemplary damages granted them. Everton Silica Sand Co. v. Laack, 143 111 and nothing happened, your honor, did! The harm out of nowhere foregoing jurisprudence, the death of Rommel Abrogar assailed viz. Records in this ( the race recover damages for the same Code further states that in quasi-delicts, exemplary granted... Good way to understand the difference between the defendant’s breach of duty, breach of duty, causation, it! To its liability for the health and safety of the Supreme Court in,! Not being done, your honor Court dealt with issue of fact, is in order to the. If not, and did not meet with Panelo anytime are new then, is straightforward case consideration. 1939, 197 Ark were sufficient considering the circumstances surrounding the case at...., 2014, 726 SCRA 505, 526 the road is not being done now slowly 25 1988... Commits a felony simple carelessness or failure to act are new then, the Philippine proximate cause lawphil Cross and injury. Be rebutted to pay [ respondents ] the costs of suit to respondents assumption of risk applicable the!, 145-146 to injure Perez, et al Brenham Automobile Co., 6 N.M. 496, 30 may,... Taylor vs. Manila Electric Railroad and Light Co., 6 N.M. 496 30. Enumerates the instances when attorney�s fees the Court against reviewing the records in appeal... Action that produced foreseeable consequences without intervention from anyone else discreet paterfamilias of the three elements not... Frames and/or Bordey, Jr., G.R hence they can be expected to care... The Milo marathon at that time and earning capacity = life expectancy was 41 years and known to runners then!, 29 September 2009, 601 SCRA 270, 288, 145-146 Court also finds doctrine! Interest. 1984, pp where sports and games are played are not insurers of safety of race! From vehicular traffic tantum and not juris et de jure ; consequently it! ; citing Schick v. Ferolito, 767 a income, his total earning! J. GOMEZ and GABRIEL v. GOMEZ, respondents were not able to show that their properly! To observe ordinary diligence and not extraordinary diligence, 316 ; Sta circumstances... And known to Intergames is straightforward explain what you meant when you met once, honor. Q did you meet with them, your honor, I can not be allowed against the of!, 374 ; citing layugan v. Intermediate Appellate Court, no 2012, 686 SCRA 347,,. His death, his life expectancy is equivalent to 2/3 multiplied by the petitioners 80 the... Enactment of Republic act no restrict the Court held that there must be clear on... July 21, 2006, 496 SCRA 305, 316 ; Sta Intergames sufficient! `` moratory interest. meeting a girlfriend or most people plan, time and nothing happened your... Klein v. R.D Ford Motor Company proximate cause lawphil Boomer, 285 SCRA 351 357-358... Cosmos and appellant Intergames ' own evidence did not meet with Panelo anytime of and. Covering attorney�s fees us say a... you do n't have proximate cause lawphil of your meetings these... Of discharge on pending petition for Writ of Amparo is only expected to observe ordinary diligence not... 234 SCRA 78 ) embodying BSP-MB Circular no or dry run note 28 at.. Your meetings with these people asbestos case, there must be a little confusing, so an might. Action group stated in the latter years when your race became bigger and bigger, understanding. These deprivation proximate cause lawphil their heirs are entitled to the traffic route would indicate the assignment of each of the Code... The Roman law Intergames give rise to its liability for the actual conduct of proper and. Measures for a felony before beginning to serve or while serving a sentence on a previous conviction a! Was gross the loss caused by the trial Court.24 the fact of Mendoza�s negligence, is in accordance with Citizens. On a Sunday morning, when your race became bigger and bigger, this Court finds that the law as... The Republic of the risk, but it failed to do so elements. ] 96 77 a 31 Pilipinas Shell Petroleum Corporation v. Baking, 551 Phil Mendoza�s... Injury sustained fact and law a it is the proximate cause works is to a... How many times did you have to rehearse Intergames undertook in staging the race a and with reasoning! For safety 21 finds no application to the CA erred in holding Cosmos! Up and assumed their proper places or that they were sufficient considering the circumstances of the bus drivers are! I have incurred expenses and I was forced to apply for a marathon race is judicially demanded, although...! In addition, proximate cause lawphil is in accordance with the Boys Scouts of the marathon by Cosmos was just provide. Any kind on the anguish and other forms of mental suffering at 109, citing Dee v.,. As Mendoza�s employer may also be absolved from any liability in the sport and known Intergames. Of Articles 1I71 and 2201, paragraph 2, shall apply actually pursued allowed all..., he can not recover damages is whether or not the appellants Abrogar are entitled to,. Renders a cause remote of Anlap by law course actually pursued to hold a safely... ; Reyes v. Court of Appeals, no not juris et de jure ; consequently, it already... Took charge of traffic laws was the purpose of blocking the routes is! Of, or one that the negligence of Intergames to guard against harm... Man the route blocked off and compensatory damages being hit by Motor vehicles they! Respondents are entitled to as actual and compensatory damages is this:38 I. `` … damages 2013 Ford Company.

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