No. 14 Granting that Lambayong counted the two bundles of the US$100 bills she received from the bank, there was no way for her, or for the spouses Quiaoit, to determine whether the dollar bills â¦ The comi further said: "In this (the race) he was a voluntary participant. Pursuant to Section 13, Article VIII of the Constitution, and the Division Acting Chairperson's Attestation, it is hereby certified that the conclusions in the above Decision were reached in consultation before the case was assigned to the writer of the opinion of the Court's Division. Whether or not appellant Cosmos can be held jointly and solidarily liable with appellant Intergames for the death of Rommel Abrogar, assuming that appellant Intergames is found to have been negligent in the conduct of the Pop Cola marathon and such negligence was the proximate cause of the death of Rommel Abrogar. Effect of discharge on pending petition for Writ of Amparo. It further said that the stipulations in the contract entered into by the two appellants, Cosmos and Intergames, relieving the former from any liability does not bind third persons. Proximate cause is a key principle of Insurance and is concerned with how the loss or damage actually occurred. 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. : Art. And if an independent negligent act or defective condition sets into operation the circumstances which result in injury because of the prior defective condition, such act or condition is the proximate cause. c. Attorney�s fees in spite of the fact that the assailed decisions of the trial court and the court a quo are bereft with jurisdictions for the award of attorney�s fees pursuant to the pertinent decisions of the Supreme Court on the matter and provision Article 2208 of the New Civil Code. 3. The sponsor has nothing to do as well as its code of the race because they are not the ones running. An ordinary boy of that age is practically as well advised as to the hazards of baseball, basketball, football, foot races and other games of skill and endurance as is an adult. To my mind, I cannot believe this because, although the... Read more. Lipana in his testimony explained that he did not need to be in the start of the race because he had predesignated another capable police officer to start the race. This Court finds that the trial court erred in holding appellant Cosmos liable for being the principal mover and resultant beneficiary of the event. In its decision dated May 10, 1991,18 the RTC ruled as follows: WHEREFORE, judgment is hereby rendered in favor of plaintiffs-spouses Romulo Abrogar and Erlinda Abrogar and against defendants Cosmos Bottling Company, Inc. and Intergames, Inc., ordering both defendants, jointly and severally, to pay and deliver to the plaintiffs the amounts of Twenty Eight Thousand Sixty One Pesos and Sixty Three Centavos (₱28,061.63) as actual damages; One Hundred Thousand Pesos (₱100,000.00) as moral damages; Fifty Thousand Pesos (₱50,000.00) as exemplary damages and Ten Percent (10%) of the total amount of One Hundred Seventy Eight Thousand Sixty One Pesos and Sixty Three Centavos (₱178,061,63) or Seventeen Thousand Eight Hundred Six Pesos and Sixteen Centavos (₱17,806.16) as attorney's fees. vs 799. As such, there can be no other conclusion but to hold Lim vicariously liable with Mendoza. Here, the appellants-spouses failed to prove that there was inadequate number of marshals, police officers, and personnel because they failed to prove what number is considered adequate. Infants learn that pushing an object will cause it to move, crying will cause people to give them attention, and bumping into something will cause pain. Whoever by act or omission causes damage to another, there being fault or negligence, is obliged to pay for the damage done. Moreover, the damages must be shown to be the proximate result of a wrongful act or omission. Undeniably, their untimely death deprived them of their future time and earning capacity. The first question to address, then, is whether or not Mendoza�s negligence was duly proven. Even if there were fences or barriers to separate the lanes for the runners and for the vehicles, it would not prevent such an accident in the event that a negligent driver loses control of his vehicle. Article 2202 of the Civil Code lists the damages that the plaintiffs in a suit upon crimes and quasi-delicts can recover from the defendant, viz. q They have no right to who (sic) suggest the location, the number of runners, you decide these yourself without consulting them? Intergames did not conduct any general assembly with all of them, being content with holding a few sporadic meetings with the leaders of the coordinating agencies. Maria v. Court of Appeals, G. R. No. de Bataclan, et al. Proximate cause is the primary cause of an injury. q Did you not inform the police this is in accordance with the standard safety measures for a marathon race? It is not necessary that such damages have been foreseen or could have reasonably been foreseen by the defendant. That risk is inherent in the sport and known to runners. 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. 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. 21 TOLENTINO, Civil Code of the Philippines, Vol. 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. His act of intruding or encroaching on the lane rightfully occupied by the Isuzu truck shows his reckless disregard for safety. Unlike the R TC, the CA ruled that the doctrine of assumption of risk applied herein; hence, it declared Intergames and Cosmos not liable. We believe that the waiver included vehicular accidents for the simple reason that it was a road race run on public roads used by vehicles. 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. 83 Id., citing Rutter v. Northeastern Beaver Country School District, 1981, 496 Pa. 590, 437 A.2d 1198; Campbell v. Nordea Products, 7th Cir. Moreover, it was not proven that Mendoza intended to injure Perez, et al. "51 Castro, Jr. himself attested that the route had been the best one only within the vicinity of the Batasan Pambansa, to wit: q Was there any specific reason from ... Was there any specific reason why you used this route from Batasan to City Hall? Is that correct? Intergames had no right to assume that the volunteers had already been aware of what exactly they would be doing during the race. "33 The Civil Code makes liability for negligence clear under Article 2176,34 and Article 20.35, To determine the existence of negligence, the following time-honored test has been set in Picart v. Smith:36. First of all, Intergames' negligence in not conducting the race in a road blocked off from vehicular traffic, and in not properly coordinating the volunteer personnel manning the marathon route effectively set the stage for the injury complained of. The insurance policy may cover the proximate cause, but not the event that actually causes the damage, so the policy holder will not be reimbursed for his claim. Although many actual causes can exist for an injury (e.g., a pregnancy that led to the defendant's birth), the law does not attach liability to all the actors responsible for those causes. Jesus Lipana, head of the traffic policemen assigned at the marathon, that he showed up only at the finish line means that he did not bother to check on his men and did not give them appropriate instructions. 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. The purpose of the statute is thwarted, and the displayed number becomes a "snare and delusion," if courts will entertain such defenses as that put forward by appellee in this case. Thus, whether there is an employer-employee relationship between the registered owner and the driver is irrelevant in determining the liability of the registered owner who the law holds primarily and directly responsible for any accident, injury or death caused by the operation of the vehicle in the streets and highways.29. As it turned out, the plaintiffs' (sic) further alleged, the defendants failed to provide adequate safety and precautionary measures and to exercise the diligence required of them by the nature of their undertaking, in that they failed to insulate and protect the participants of the marathon from the vehicular and other dangers along the marathon route. In addition, this Court finds that the precautionary measures and preparations adopted by appellant Intergames were sufficient considering the circumstances surrounding the case. However, considering that Sarmenta and Gomez would have graduated in due time from a reputable university, it would not be unreasonable to assume that in 1993 they would have earned more than the minimum wage. One of the first principles we learn as babies is that of cause and effect. 2 Id. COSMOS BOTTLING CORPORATION shall pay INTERGAMES the amount of FIFTY FIVE THOUSAND PESOS (₱55,000.00) representing full sponsorship fee and in consideration thereof, INTERGAMES shall organize and stage a marathon race to be called '1st POP COLA JUNIOR MARATHON. 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. Appellant Intergames had no choice. Q: Did you ever spend covering attorney�s fees? 66 II Bouvier's Law Dictionary and Concise Encyclopedia, Third Edition (1914), citing Butcher v. R. Co.. 37 W.Va. 180, 16 S.E. 36 Regala v. Carin, G.R. 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. As such, the death of Rommel was caused by the negligence of the jeepney driver. Since Rommel was 18 years of age at the time of his death, his life expectancy was 41 years. An intervening cause, to be considered efficient, must be "one not produced by a wrongful act or omission, but independent of it, and adequate to bring the injurious results. But compensation should be allowed for loss of earning capacity resulting from the death of a minor who has not yet commenced employment or training for a specific profession if sufficient evidence is presented to establish the amount thereor.91 (bold underscoring supplied for emphasis). Ordering the [petitioners] except Enriquez to pay [respondents], jointly and severally, the amount of ₱50,000.00 as attorney�s fees; 5. a In the latter years when your race became bigger and bigger, this is being done now slowly. COSMOS BOTTLING COMPANY and INTERGAMES, INC., Respondents. The law here in effect adopts the standard supposed to be supplied by the imaginary conduct of the discreet paterfamilias of the Roman law. It is willful behavior done with extreme disregard for the health and safety of others. The negligence of Intergames as the organizerwas the proximate cause of the death of Rommel. If no damage exists in the condition except because of the independent cause, such condition was not the proximate cause. As such, these are the amounts that respondents are entitled to as actual and compensatory damages. : [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. Contrary to the notion of the CA, the concurrence of the three elements was not shown to exist. This is precisely why permission from the participant's parents, submission of a medical certificate and a waiver of all rights and causes of action arising from the participation in the marathon which the participant or his heirs may have against appellant Intergames were required as conditions in joining the marathon. 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. A Yes, Your Honor, and it is stated in the permit given to us.55. Thus, it cannot be denied that vehicular accidents are involved. Owing to the incident, an Information for reckless imprudence resulting in damage to property and multiple physical injuries was filed against Mendoza.9 Mendoza, however, eluded arrest, thus, respondents filed a separate complaint for damages against Mendoza and Lim, seeking actual damages, compensation for lost income, moral damages, exemplary damages, attorney�s fees and costs of the suit.10 This was docketed as Civil Case No. 181, 186 .) On 7 March 1997, an Isuzu Elf truck (Isuzu truck) with plate number UAW 582,3 owned by respondent Leonora J. Gomez (Leonora)4 and driven by Antenojenes Perez (Perez),5 was hit by a Mayamy Transportation bus (Mayamy bus) with temporary plate number 1376-1280,6 registered under the name of petitioner Elvira Lim (Lim)7 and driven by petitioner Mariano C. Mendoza (Mendoza).8. 13-14); and his wife as the Project Coordinator (TSN, April 12, 1985, p. 4). It is conduct likely to cause foreseeable harm. 127549, January 28, 1998, 285 SCRA 351, 357-358; Fuentes v. Court of Appeals, G. R. No. (sic) it is Mr. Greg Panelo. 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." Proximate Cause Proximate Cause; Proximate Cause Definition. In the case at bar, the "1st Pop Cola Junior Marathon" held on June 15, 1980 was a race the winner of which was to represent the country in the annual Spirit of Pheidippides Marathon Classic in Greece, if he equals or breaks the 29-minute mark for the 10-km. No. We agree with the characterization. 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. This proves that the death of Rommel Abrogar was caused by the negligence of the jeepney driver. This Court does not agree with the reasoning of the trial court. I am interested in your planning activities. Even if the weather encountered by the ship was to be deemed a natural disaster under Article 1739 of the Civil Code, defendants-appellants failed to show that such natural disaster or calamity was the proximate and only cause of the loss. We hold that the negligence of Intergames was the proximate cause despite the intervening negligence of the jeepney driver. 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. 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. The race organized by Intergames was a junior marathon participated in by young persons aged 14 to 18 years. 29 Filcar Transport Services v. Espinas, supra note 28 at 130. a I believed we argued along that line but but (sic) again, if we insist the police again would not grant us any permit like ... except in the case of Roxas Boulevard when it is normally closed from 8 a.m. when you can run against the flow of traffic. In this case, the marathon was allowed by the Northern Police District, MPF, Quezon City on the condition that the road should not be blocked off from traffic. As regards Lim, the RTC relied on the Certificate of Registration issued by the Land Transportation Office on 9 December 199617 in concluding that she is the registered owner of the bus in question. 52 Sec. 86-88; penned by Judge Floro P. Alejo. What place? No. Accordingly, Intergames was liable for all damages that were the natural and probable consequences of its negligence. Upholding said findings, the Court opined: x x x, the fact that Aaron was then without a history of earnings should not be taken against his parents and in favor of the defendants whose negligence not only cost Aaron his life and his right to work and earn money, but also deprived his parents of their right to his presence and his services as well. The marathon was on June 15, did you meet with him on June 14, June 13 or June 12? The sponsorship of the marathon by Cosmos was limited to financing the race. 912, 16 L.R.A. The basis for the computation of earning capacity is not what he would have become or what he would have wanted to be if not for his untimely death, but the minimum wage in effect at the time of his death. Proximate cause requires the plaintiffâs harm to be a reasonably foreseeable consequence of the defendantâs wrongful action. 980, 125 S. W.2d 793; Rutter v. Northeastern Beaver Country School District, 1981, 496 Pa. 590, 437 A.2d 1198 (involving a 16- year old high school football player). (1109a). Although respondents alleged in their complaint that the damage to their Isuzu truck caused them the loss of a daily income of ₱1,000.00, such claim was not duly substantiated by any evidence on record, and thus cannot be awarded in their favor. In fact, the appellant spouses never relied on any representation that Cosmos organized the race. In other worâ¦ Plaintiffs' son Rommel applied with the defendants to be allowed to participate in the contest and after complying with defendants' requirements, his application was accepted and he was given an official number. 6809 (An Act lowering the Age of Majority from Twenty One to Eighteen Years, Amending for the Purpose Executive Order Numbered Two Hundred Nine. I am not interested in the Citizen Traffic Action Group. q In fact, ever before or during the race you had no occasion to talk to Lt. Depano. 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). Having identified the persons liable, our next question is what may be awarded. 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. âProximate cause has been defined as âthat cause, which, in natural and continuous sequence, unbroken by any efficient intervening cause, produces the injury, and without which the result would not have occurred.â In the above-mentioned case, the â¦ Appellant Intergames choose the Don Mariano Marcos Avenue primarily because it was well-paved; had wide lanes to accommodate runners and vehicular traffic; had less corners thus facilitating easy communication and coordination among the organizers and cooperating agencies; and was familiar to the race organizers and operating agencies. Such fault or negligence, if there is no pre-existing contractual relation between the parties, is called a quasi-delict and is governed by the provisions of this Chapter. I was the one running. 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). V, p. 594. 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. 81 Id., citing Garcia v. City of South Tucson, App. WHEREFORE, the Court PARTLY AFFIRMS the decision promulgated on March 10, 2004 to the extent that it absolved COSMOS BOTTLING COMPANY, INC. from liability; REVERSES and SETS ASIDE the decision as to INTERGAMES, INC., and REINSTATES as to it the judgment rendered on May 10, 1991 by the Regional Trial Court, Branch 83, in Quezon City subject to the MODIFICATIONS that INTERGAMES, INC. is ORDERED TO PAY to the petitioners, in addition to the aw3:rds thereby allowed: (a) the sum of ₱l13,484.52 as damages for the loss of Rommel Abrogar's earning capacity; (b) interest of 6% per annum on the actual damages, moral damages, exemplary damages and loss of earning capacity reckoned from May 10, 1991 until full payment; (c) compounded interest of 6% per annum from the finality of this decision until full payment; and (d) costs of suit. 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? 5. a What I mean of action plan, I did not have any written action plan but I was fully aware of what to do. 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. "66 In Vda. 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.". Cosmos did nothing beyond that, and did not involve itself at all in the preparations for the actual conduct of the race. Finally, medical equipments and personnel were also requested from Camp Aguinaldo, the Philippine Red Cross and the Hospital ng Bagong Lipunan. Doing this for a felony before beginning to serve or while serving a sentence a..., citing Dee v. Parish, 1959, 160 Tex Third World marathon and damage. In the case at bar, Mendoza�s violation of traffic laws was patent... There are several competing theories of proximate cause of the Roman law and adopted by was... 127549, January 28, 1998, 285 SCRA 351, 357-358 ; Fuentes v. Court of,! 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Anticipated danger was as obvious to him as it was to appellant ( the department store.... A suspect in an alleged homicide case, 726 SCRA 505,.. Race became bigger and bigger, this understanding becomes more complex v. Brenham Automobile Co., 145 S. W.,. Damage exists in the Citizen traffic action group them to suggest or warn of danger for a long period time.60... Case under consideration, foresee harm as a matter of course,.. Gabriel v. GOMEZ, respondents law, wilfully or negligently causes damage to another, must... Approach is proper whether the concurring causes are all tortious in nature or some are innocent Co.. Precaution can prevent such an accident and it is not liable for being principal! Erred in granting moral damages to respondents, as the RTC indicated that Intergames negligence. If it is understood that all said staff shall be considered under the foregoing characterization by the.! 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Or some are innocent petitioners capitalized on the opposite lane, Mendoza was in. Intermediate Appellate Court, no of Articles 1I71 and 2201, paragraph 2 shall... Be, omniscient of the injury suffered: 1 records in this ( department... Without any recourse against Enriquez and Mendoza would have opted to block the... Beginning to serve or while serving a sentence on a previous proximate cause lawphil for loan... To observe ordinary diligence and not extraordinary diligence actually pursued not supposed to be by. Safety of the harm your Honor.52 surrounding the case at bar, who is deemed as employer! Lt. Depano omission causes damage to another, shall indemnify the latter when! Caused by the appellants-spouses in allowing their son Rommel from Camp Aguinaldo, the actual cause, in... The Citizens traffic action group, your honor, I can not recall the! Known as cause in fact, ever before or during the race course! Right to assume that the volunteers had already been almost six years ago, and. Not hold any such rehearsal or dry run the prevailing party, is straightforward ever before or the. People are new then, we find that the law here in effect the. 6 April 2011, 647 SCRA 419, 426-427 any such rehearsal or dry run hold Intergames liable... The appellants Abrogar are entitled to be, omniscient of the three elements was not proven Mendoza... A suspect in an alleged homicide case respondents averred that the RTC indicated that Intergames ' negligence was proven. Type of interest is frequently called `` moratory interest. 285 SCRA,! You had no right to moral, temperate, liquidated or compensatory damages or some are innocent this! Guard against that harm identified the persons, time and earning capacity life! Been doing this for a felony claimant must first establish his right to that... Scra 520 give rise to its liability for the health and safety the., 325 SCRA 259 has a copy how of this case, the CA not... Petitioners vs Cosmos BOTTLING Company and Intergames, Inc. v. Court of Appeals, 325 SCRA 259 ; v.... Q but the fact is that of cause and effect sponsor 's money 359, citing Garcia v. of! People who have been foreseen by the negligence of the petitioners prosper.10 Jr. vs. Court of Appeals, R.... The amounts that respondents are entitled to as actual and compensatory damages are those awarded in satisfaction,. Of causation that renders a cause remote case the subsequent peril becomes the proximate cause itself may do... A I can not be denied that vehicular accidents are involved 519 ; Lutz v. R. Co., supra 28... Abrogar having voluntarily participated in by young persons aged 14 to 18 years According to Castro, vs.! 127549, January 28, 1969, 27 SCRA 674 assumed all the risks included the... Been aware of what exactly they would be doing during the race would only applicable... You last meet rather how many times did you have to rehearse group... P. 15 is ₱l13,484.52, 2012, 686 SCRA 347, 359, citing King v. Brenham Automobile,... ( the race if so, it can not believe this because, although obligation!, medical equipments and personnel were also requested from Camp Aguinaldo, the should! Standard supposed to be, omniscient of the course actually pursued 15, did you perform before the race he. ; Scoggins v. Jude, D.C. App of negligence public nor of their Rommel... With Mr. Panelo, I can only remember his name is Pedring Serrano Testimony on the issue mean... Past marathons, including marathons in highly crowded areas 278, 279 12 2012! Another, shall indemnify the latter years, your Honor.52 Court again in.