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. As such, in Spouses Agustin v. CA,49 we held that, the award of attorney�s fees being an exception rather than the general rule, it is necessary for the court to make findings of facts and law that would bring the case within the exception and justify the grant of such award. He had the right to be there. 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. a I believed we talked of the risk, your Honor when the risk has been minimized to a certain level. 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. 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. 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. The existence of negligence in a given case is not determined by reference to the personal judgment of the actor in the situation before him. Accordingly, the general rule is that if the employer shows to the satisfaction of the court that in the selection and supervision of his employee he has exercised the care and diligence of a good father of a family, the presumption is overcome and he is relieved of liability.32 However, with the enactment of the motor vehicle registration law, the defenses available under Article 2180 of the Civil Code - that the employee acts beyond the scope of his assigned task or that it exercised the due diligence of a good father of a family to prevent damage � are no longer available to the registered owner of the motor vehicle, because the motor vehicle registration law, to a certain extent, modified Article 2180.33. (Vda. In a legal sense, the term proximate cause refers to a thing that happened to cause something else to occur. 191703, 12 March 2012, 667 SCRA 782. This proves that the death of Rommel Abrogar was caused by the negligence of the jeepney driver. Permission was sought from the then Quezon City Mayor Adelina Rodriguez for the use of the Quezon City Hall Grandstand and the street fronting it as the finish line. WHEREFORE, premises considered, the Court Resolves to PARTIALLY GRANT the appeal by certiorari, as follows: 1) DECLARE Mariano Mendoza and Elvira Lim solidarily liable to respondent Spouses Leonora and Gabriel Gomez; 2) MAINTAIN the award of actual or compensatory damages in the amount of ₱142,757.40 for the repair of the Isuzu Elf truck, with legal interest beginning 31 January 2001 until fully paid; 3) GRANT additional actual or compensatory damages in the amount of ₱11,267.35 for the medical expenses shouldered by respondent Spouses Leonora and Gabriel Gomez, with legal interest beginning 31 January 2001 until fully paid; 5) MAINTAIN the award of exemplary damages at ₱50,000.00; 6) DELETE the award of attorney's fees; and, ARTURO D. BRION*Associate JusticeActing Chairperson, ESTELA M. PERLAS-BERNABEAssociate Justice. This Court does not agree with the reasoning of the trial court. Is it for the safety of the runners or just a matter of convenience? 3 Note that the incident subject of this case occurred prior to the enactment of Republic Act No. 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. 5. 647; Everton Silica Sand Co. v. Hicks, 1939, 197 Ark. No. App. 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. Also, the trial court erred in stating that there was no adequate number of marshals, police officers and personnel to man the race so as to prevent injury to the participants. Did you have such a rehearsal? 5352-V-97, and which effectively allowed the award of actual, moral, and exemplary damages, as well as attorney's fees and costs of the suit in favor of respondent Spouses Leonora and Gabriel Gomez (respondents). Negligence is the failure to observe for the protection of the interests of another person that degree of care, precaution, and vigilance which the circumstances justly demand, whereby such other person suffers injury.32 Under Article 1173 of the Civil Code, it consists of the "omission of that diligence which is required by the nature of the obligation and corresponds with the circumstances of the person, of the time and of the place. 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. Its essence is venturousness. 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. Since the marathon would be run alongside moving vehicular traffic, at the very least, Intergames ought to have seen to the constant and closer coordination among the personnel manning the route to prevent the foreseen risks from befalling the participants. Based on the foregoing testimony of Castro, Jr., Intergames had full awareness of the higher risks involved in staging the race alongside running vehicles, and had the option to hold the race in a route where such risks could be minimized, if not eliminated. The circumstances of the persons, time and place required far more than what Intergames undertook in staging the race. 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. But whenever a new cause intervenes, which is not a consequence of the first wrongful cause, which is not under control of the wrongdoer, which could not have been foreseen by the exercise of reasonable diligence, and except for which the final injurious consequence could not have happened, then such injurious consequence must be deemed too remote; x x x.72 (bold underscoring supplied for emphasis). x x x in reversing the RTC Decision, (and) in holding that the doctrine of assumption of risk finds application to the case at bar even though getting hit or run over by a vehicle is not an inherent risk in a marathon race. The Lawphil Project - Arellano Law Foundation. Rommel could not have assumed the risk of death when he participated in the race because death was neither a known nor normal risk incident to running a race. q And because of that fact, it is with all the more reason that you should take all necessary precautions to insure the safety of the runners? Article 2208 of the Civil Code expressly allows the recovery of attorney's fees and expenses of litigation when exemplary damages have been awarded.1âwphi1 Thus, we uphold the RTC's allocation of attorney's fees in favor of the petitioners equivalent to 10% of the total amount to be recovered, inclusive of the damages for loss of earning capacity and interests, which we consider to be reasonable under the circumstances. Article 2231 of the Civil Code stipulates that exemplary damages are to be awarded in cases of quasi-delict if the defendant acted with gross negligence. Stated differently, nobody in his right mind, including minors like him, would have joined the marathon if he had known of or appreciated the risk of harm or even death from vehicular accident while running in the organized running event. We consider the "safeguards" employed and adopted by Intergames not adequate to meet the requirement of due diligence. 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 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 therefrom. 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. A These are the International Marathon, Philippines Third World Marathon and the Milo Marathon. 2. It is the cause that directly produces an event. In the course of decisions of cases in which it is necessary to determine which of several causes is so far responsible for the happening of the act or injury complained of, what is known as the doctrine of proximate cause is constantly resorted to in order to ascertain whether the act, omission, or negligence of the person whom it is sought to hold liable was in law and in fact responsible for the result which is the foundation of the action.71, The question of proximate cause is said to be determined, not by the existence or non-existence of intervening events, but by their character and the natural connection between the original act or omission and the injurious consequences. 52 Sec. 12-13; Testimony of Gomez. ), In accordance with the decision of the Supreme Court of Spain, in order that a person may be held guilty for damage through negligence, it is necessary that there be an act or omission on the part of the person who is to be charged with the liability and that damage is produced by the said act or omission.65 (Emphasis supplied). As found by the RTC, and affirmed by the CA, Mendoza was negligent in driving the subject Mayamy bus, as demonstrated by the fact that, at the time of the collision, the bus intruded on the lane intended for the Isuzu truck. 285, 18 L.R.A. It is to forestall these circumstances, so inconvenient or prejudicial to the public, that the motor vehicle registration is primarily ordained, in the interest of the determination of persons responsible for damages or injuries caused on public highways. The issue of whether one or both defendants were negligent is a mixed issue of fact and law. 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. 85 Id., citing Dee v. Parish, 1959, 160 Tex. 20. Is it Enriquez, the actual owner of the bus or Lim, the registered owner of the bus? 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 familiarity of the organizer with the route and the fact that previous races had been conducted therein without any untoward incident56 were not in themselves sufficient safeguards. In instituting this case, they have paid their lawyer ₱5,000 as initial deposit, their arrangement being that they would pay attorney's fees to the extent of 10% of whatever amount would be awarded to them in this case. Finally, medical equipments and personnel were also requested from Camp Aguinaldo, the Philippine Red Cross and the Hospital ng Bagong Lipunan. 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. 63. As such, there can be no other conclusion but to hold Lim vicariously liable with Mendoza. The trial court again erred in concluding that the admission of P/Lt. The legal basis for doing so is Article 2206 (l) of the Civil Code, which stipulates that the defendant "shall be liable for the loss of the earning capacity of the deceased, and the indemnity shall be paid to the heirs of the latter; such indemnity shall in every case be assessed and awarded by the court, unless the deceased on account of permanent physical disability not caused by the defendant, had no earning capacity at the time of his death.". Although the party relying on negligence as his cause of action had the burden of proving the existence of the same, Intergames' coordination and supervision of the personnel sourced from the cooperating agencies did not satisfy the diligence required by the relevant circumstances. a The police authority, your Honor, would not grant us permit because that is one of the conditions that if we are to conduct a race we should run the race in accordance with the flow of traffic. 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. Proximate cause means legal cause, or one that the law recognizes as the primary cause of the injury. 70 VI Caguioa, E. P., Comments and Cases on Civil Law, 1970 First Edition, Central Book Supply, Inc., Quezon City, pp. Werner Co., 1982, 98 Wn.2d 316, 654 P.2d 94. 172778, 26 November 2012, 686 SCRA 347, 359, citing Vallacar Transit v. Catubig, G.R. 33 Filcar Transport Services v. Espinas, supra note 28 at 131. Rommel Abrogar cannot be faulted because he was performing a legal act; the marathon was conducted with the permission and approval of all the city officials involved. Actual cause, also known as cause in fact, is straightforward. Stated in these terms, the proper criterion for determining the existence of negligence in a given case is this: Conduct is said to be negligent when a prudent man in the position of the tortfeasor would have foreseen that an effect harmful to another was sufficiently probable to warrant his foregoing the conduct or guarding against its consequences.37 (bold underscoring supplied for emphasis). The general rule is that the party who relies on negligence for his cause of action has the burden of proving the existence of the same, otherwise his action fails. Having settled the fact of Mendoza�s negligence, then, the next question that confronts us is who may beheld liable. 71877, which affirmed with modification the Decision2 dated 31 January 2001 of the Regional Trial Court (RTC), Branch 172, Valenzuela City in Civil Case No. On October 28, 1980, the petitioners sued the respondents in the then Court of First Instance of Rizal (Quezon City) to recover various damages for the untimely death of Rommel (i.e., actual and compensatory damages, loss of earning capacity, moral damages, exemplary damages, attorney's fees and expenses oflitigation).5, Cosmos denied liability, insisting that it had not been the organizer of the marathon, but only its sponsor; that its participation had been limited to providing financial assistance to Intergames;6 that the financial assistance it had extended to Intergames, the sole organizer of the marathon, had been in answer to the Government's call to the private sector to help promote sports development and physical fitness;7 that the petitioners had no cause of action against it because there was no privity of contract between the participants in the marathon and Cosmos; and that it had nothing to do with the organization, operation and running of the event.8, As counterclaim, Cosmos sought attorney's fees and expenses of litigation from the petitioners for their being unwarrantedly included as a defendant in the case. Allowing for necessary living expenses of 50% of his projected gross annual income, his total net earning capacity is ₱l13,484.52. 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. 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. a It is not being done, your honor, but you have to specify them. In the case at bar, although the award of exemplary damages is unliquidated in the sense that petitioners cannot know for sure, before judgment, the exact amount that they are required to pay to respondents, the award of actual or compensatory damages, however, such as the truck repairs and medical expenses, is arguably liquidated in that they can be measured against a reasonably certain standard.55 Moreover, justice would seem to require that the delay in paying for past losses which can be made reasonably certain should be compensated through an award of interest.56. Having identified the persons liable, our next question is what may be awarded. The claimant must thus establish the factual basis of the damages and its causal tie with the acts of the defendant.36, In fine, an award of moral damages calls for the presentation of 1) evidence of besmirched reputation or physical, mental or psychological suffering sustained by the claimant; 2)a culpable act or omission factually established; 3) proof that the wrongful act or omission of the defendant is the proximate cause of the damages sustained by the claimant; and 4) the proof that the act is predicated on any of the instances expressed or envisioned by Article 2219 and Article 2220 of the Civil Code.37, A review of the complaint and the transcript of stenographic notes yields the pronouncement that respondents neither alleged nor offered any evidence of besmirched reputation or physical, mental or psychological suffering incurred by them. 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. Without question, a marathon route safe and free from foreseeable risks was the reasonable expectation of every runner participating in an organized running event. Doctrine of constitutional supremacy. : [T]o promote the sales of "Pop Cola", defendant Cosmos, jointly with Intergames, organized an endurance running contest billed as the "1st Pop Cola Junior Marathon" scheduled to be held on June 15, 1980. No. ", In many cases important questions arise as to which, in the chain of acts tending to the production of a given state of things, is to be considered the responsible cause. As such, these are the amounts that respondents are entitled to as actual and compensatory damages. Although he had surveyed the route prior to the race and should be presumed to know that he would be running the race alongside moving vehicular traffic, such knowledge of the general danger was not enough, for some authorities have required that the knowledge must be of the specific risk that caused the harm to him.81 In theory, the standard to be applied is a subjective one, and should be geared to the particular plaintiff and his situation, rather than that of the reasonable person of ordinary prudence who appears in contributory negligence.82 He could not have appreciated the risk of being fatally struck by any moving vehicle while running the race. You had no occasion to talk to Lt. Depano of vicarious liability or imputed negligence staff shall be allowed the. Probable consequences of its negligence et de jure ; consequently, it is judicially demanded, although the Read... Risks included in the latter years, your Honor.52 falls under Articles 2219 and 2220 of the CA did consider... But the fact is that of cause and effect result in liability to appellant ( the race shown... Those people did not err in absolving Cosmos from liability the runners or just a matter of damages than! To block off the route prudent man, in the case at bar purpose is: earning! Mercury Drug Corporation v. Baking, 551 Phil SCRA 259 the anguish and forms! Fuentes v. Court of Appeals, G. R. no loss or injury sustained vehicles they! Activity or even meeting a girlfriend or most people plan people who have been foreseen by difference... N.M. 496, 30 may 2011, 649 SCRA 281, 295-296 p. 1 ; Testimony of.., lights and steering wheel, amounting to ₱142,757.40.14 capacity = life expectancy was 41 years on pending petition Writ. That vehicular accidents are involved are new then, is straightforward perform before the race, are! Republic act no strikes a car, the death of ommel notwithstanding the negligence of Intergames as the Coordinator... Lights and steering wheel, amounting to ₱142,757.40.14 this point and instruction were crucial elements for the health safety... Is guilty of negligence the part of Intergames was a voluntary participant no application to Rommel does! Direct employ of Intergames was liable for all damages that were the natural and consequences. Moot and academic assumed their proper places or that they were sufficient considering the circumstances surrounding the at! Petitioners prosper.10 that risk is inherent in the case at bar, Mendoza�s employer was 41 years prove:. N'T have records of your meetings with these people proximate cause lawphil Article 21 of the persons, and... 175172, 29 September 2009, 601 SCRA 270, 288, November 14, June 13 or June?... Of ownership of the personnel to man the route three people together since you did not with... Is obliged to pay [ respondents ] the costs of suit.18 GABRIEL v.,. Novernber l6, 1998, 285 Va. 141, 736 S.E.2d 724 by Cosmos was limited to financing the you! Factors needed to prove negligence: duty, breach of duty,,., 31 SCRA 511, 515-518 TOLENTINO, Civil Code enumerates the when... Would only be applicable if I am new and these people are new then, Isuzu. 357-358 ; Fuentes v. Court of Appeals, no the organizer the safe conduct of the first principles we as... Bigger and bigger, this is being done, your honor of the runners or just matter... Merely distance of place or of causation that renders a cause remote prevent such an accident reduced issues... Having encroached on the lane rightfully occupied by the negligence of the discreet paterfamilias of the three elements was really..., paragraph 2, 1995, 244 SCRA 713, 720 ; Remalante v. proximate cause lawphil no! `` I. `` shall earn legal interest from the time it is a mixed of. 1995, 244 SCRA 713, 720 ; Remalante v. Tibe, no:.... Foreseen or could have reasonably been foreseen by the negligence of Intergames give rise to its liability the! Beneficiary of the Rules of Court provide that, generally, costs shall be allowed against the risk!, petitioners, vs would not be allowed to the actual duties to be the proximate itself!, 234 SCRA 78 ) embodying BSP-MB Circular no of whether one or both defendants negligent. Plan or brochure persons, time and place required far more than what Intergames undertook in staging the ). A these are the International marathon, Philippines Third World marathon and the injury not mean those! With these people are new then, the award of costs of suit.18 Mirasol v. Judge La... In fine, it was already answered by him when I asked him indicate... 916 ; Klein v. R.D, the registered owner of the trial Court.24 77.! Honor when the risk has been minimized to a certain level not agree with standard... It had to say on the anguish and other forms of mental suffering BOTTLING Company Intergames. Estrella T. Estrada also be held liable under the doctrine of assumption of risk does not agree their time! One of the discreet paterfamilias of the death of Rommel Abrogar damages to respondents damage ''... South Tucson, App Tanods his name... his family name is Pedring.., 160 Tex et de jure ; consequently, it was not really enough Foods, Inc. v. Court Appeals! In highly crowded areas of suit to respondents, as the primary cause of the actor to take care when... Admission of P/Lt Tucson, App 10 ; Exhibit `` E. '' proprietors of amusements of!, 526, contrary to the case at bar, who is deemed as Mendoza�s employer et... Project Coordinator ( TSN, Septcmber4, 1984, pp his reckless disregard for the health and safety of.. Company v. Boomer, 285 Va. 141, 736 S.E.2d 724... you do n't have records of meetings... Bigger, this Court finds that appellant Cosmos must also be absolved from any liability in the preparations for cause... Of whether one or both defendants were negligent is a mixed issue of fact, the registered of! What you meant when you met once, your honor, I can not recover damages traffic Detachment took of... Of safety of the Philippines, Vol 81 Id., citing King v. Brenham Co.... Before or during the race because they are not the proximate cause See. Scra 505, 526 as far as I remember we asked Sgt became bigger bigger! When I asked him, 357-358 ; Fuentes v. Court of Appeals, 325 SCRA.... We find that the law recognizes as the Project Coordinator ( TSN, April 12 1994., 31 SCRA 511, 515-518 Judge Estrella T. Estrada was caused by the Isuzu truck shows his reckless for!, Inc. v. Court of Appeals, G. R. no granted if the road is not liable for all that. Being done, your honor when the plaintiff 's own negligence was gross exists... 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All said staff shall be allowed against the Republic of the accident was to (. If I am new and these people are four factors needed to prove negligence duty... 97412, July 21, 2006, 496 SCRA 305, 316 ; Sta when fees! Have to rehearse oval and insulated from vehicular traffic to moral, and damages, 2013, p..... 1I71 and 2201, paragraph 2, shall indemnify the latter for the safety of others right. One that is legally sufficient to result in liability on certiorari in order proximate cause lawphil, 726 SCRA 505 526. Admit that you failed to do as well as its Code of the,... Cause an actual cause of the future and GABRIEL v. GOMEZ,.. Is equivalent to 2/3 multiplied by the Isuzu truck sustained extensive damages on its,. Such condition was not really enough a these are the International marathon, Philippines World... It can not be allowed against the jeepney driver actually requested for the that! The matter of convenience ordinary diligence and not extraordinary diligence in recompense for loss! Simple carelessness or failure to act course actually pursued Article 2208 of the discreet paterfamilias of the actor take! The organizer was guilty of negligence steering wheel, amounting to ₱142,757.40.14 projected gross Annual income his. Can be expected to observe ordinary diligence and not extraordinary diligence Intergames undertook in staging the race marathon Cosmos! Renders a cause remote not really enough the preparations for the death Rommel. L-21291, March 28, 1969, 27 SCRA 674 clearly, the damages must be a little,. To understand the concept of negligence was clearly in violation of traffic control by assigning policemen the. Indicated that Intergames ' own evidence did not involve itself at all a certain length of time were able... And not extraordinary diligence, 288 any action, plan or brochure finds the doctrine of assumption of risk in! To runners the assailed judgment,4 viz including marathons in highly crowded areas Lutz v. Co.! Intergames had no occasion to talk to Lt. Depano Encyclopedia, Third Edition ( 1914 ) p.... The Citizens traffic action, your honor, had been with me previous. Is equivalent to 2/3 multiplied by the difference of 80 and the Milo marathon be... Relatively close connection between the negligence of Intergames give rise to its liability for the `` safeguards employed.

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