G.R. No.

L-12219 March 15, 1918

AMADO PICART, plaintiff-appellant,

Alejo Mabanag for appellant.

STREET, J.:

In this action the plaintiff, Amado Picart, seeks to recover of the defendant, Frank Smith, jr., the sum of P31,000, as
damages alleged to have been caused by an automobile driven by the defendant. From a judgment of the Court of First
Instance of the Province of La Union absolving the defendant from liability the plaintiff has appealed.

The occurrence which gave rise to the institution of this action took place on December 12, 1912, on the Carlatan Bridge,
at San Fernando, La Union. It appears that upon the occasion in question the plaintiff was riding on his pony over said
bridge. Before he had gotten half way across, the defendant approached from the opposite direction in an automobile,
going at the rate of about ten or twelve miles per hour. As the defendant neared the bridge he saw a horseman on it and
blew his horn to give warning of his approach. He continued his course and after he had taken the bridge he gave two
more successive blasts, as it appeared to him that the man on horseback before him was not observing the rule of the
road.

The plaintiff, it appears, saw the automobile coming and heard the warning signals. However, being perturbed by the
novelty of the apparition or the rapidity of the approach, he pulled the pony closely up against the railing on the right
side of the bridge instead of going to the left. He says that the reason he did this was that he thought he did not have
sufficient time to get over to the other side. The bridge is shown to have a length of about 75 meters and a width of 4.80
meters. As the automobile approached, the defendant guided it toward his left, that being the proper side of the road for
the machine. In so doing the defendant assumed that the horseman would move to the other side. The pony had not as
yet exhibited fright, and the rider had made no sign for the automobile to stop. Seeing that the pony was apparently
quiet, the defendant, instead of veering to the right while yet some distance away or slowing down, continued to
approach directly toward the horse without diminution of speed. When he had gotten quite near, there being then no
possibility of the horse getting across to the other side, the defendant quickly turned his car sufficiently to the right to
escape hitting the horse alongside of the railing where it as then standing; but in so doing the automobile passed in such
close proximity to the animal that it became frightened and turned its body across the bridge with its head toward the
railing. In so doing, it as struck on the hock of the left hind leg by the flange of the car and the limb was broken. The
horse fell and its rider was thrown off with some violence. From the evidence adduced in the case we believe that when
the accident occurred the free space where the pony stood between the automobile and the railing of the bridge was
probably less than one and one half meters. As a result of its injuries the horse died. The plaintiff received contusions
which caused temporary unconsciousness and required medical attention for several days.

The question presented for decision is whether or not the defendant in maneuvering his car in the manner above
described was guilty of negligence such as gives rise to a civil obligation to repair the damage done; and we are of the
opinion that he is so liable. As the defendant started across the bridge, he had the right to assume that the horse and the
rider would pass over to the proper side; but as he moved toward the center of the bridge it was demonstrated to his
eyes that this would not be done; and he must in a moment have perceived that it was too late for the horse to cross
with safety in front of the moving vehicle. In the nature of things this change of situation occurred while the automobile
was yet some distance away; and from this moment it was not longer within the power of the plaintiff to escape being
run down by going to a place of greater safety. The control of the situation had then passed entirely to the defendant;
and it was his duty either to bring his car to an immediate stop or, seeing that there were no other persons on the
bridge, to take the other side and pass sufficiently far away from the horse to avoid the danger of collision. Instead of
doing this, the defendant ran straight on until he was almost upon the horse. He was, we think, deceived into doing this
by the fact that the horse had not yet exhibited fright. But in view of the known nature of horses, there was an
appreciable risk that, if the animal in question was unacquainted with automobiles, he might get exited and jump under
the conditions which here confronted him. When the defendant exposed the horse and rider to this danger he was, in
our opinion, negligent in the eye of the law.

The test by which to determine the existence of negligence in a particular case may be stated as follows: Did the
defendant in doing the alleged negligent act use that person would have used in the same situation? If not, then he is
guilty of negligence. The law here in effect adopts the standard supposed to be supplied by the imaginary conduct of the
discreet paterfamilias of the Roman law. 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. The law considers what would be reckless, blameworthy,
or negligent in the man of ordinary intelligence and prudence and determines liability by that.

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. Abstract
speculations 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. They are not, and are not supposed to be, omniscient of
the future. Hence they can be expected to take care only when there is something before them to suggest or warn of
danger. Could a prudent man, in the case under consideration, foresee harm as a result of the course actually pursued? If
so, it was the duty of the actor to take precautions to guard against that harm. Reasonable foresight of harm, followed by
ignoring of the suggestion born of this prevision, is always necessary before negligence can be held to exist. 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 conduct or guarding against its consequences.

Applying this test to the conduct of the defendant in the present case we think that negligence is clearly established. A
prudent man, placed in the position of the defendant, would in our opinion, have recognized that the course which he
was pursuing was fraught with risk, and would therefore have foreseen harm to the horse and the rider as reasonable
consequence of that course. Under these circumstances the law imposed on the defendant the duty to guard against the
threatened harm.

It goes without saying that the plaintiff himself was not free from fault, for he was guilty of antecedent negligence in
planting himself on the wrong side of the road. But as we have already stated, the defendant was also negligent; and in
such case the problem always is to discover which agent is immediately and directly responsible. It will be noted that the
negligent acts of the two parties were not contemporaneous, since the negligence of the defendant succeeded the
negligence of the plaintiff by an appreciable interval. Under these circumstances the law is that the person who has the
last fair chance to avoid the impending harm and fails to do so is chargeable with the consequences, without reference
to the prior negligence of the other party.

The decision in the case of Rkes vs. Atlantic, Gulf and Pacific Co. (7 Phil. Rep., 359) should perhaps be mentioned in this
connection. This Court there held that while contributory negligence on the part of the person injured did not constitute
a bar to recovery, it could be received in evidence to reduce the damages which would otherwise have been assessed
wholly against the other party. The defendant company had there employed the plaintiff, as a laborer, to assist in
transporting iron rails from a barge in Manila harbor to the company's yards located not far away. The rails were
conveyed upon cars which were hauled along a narrow track. At certain spot near the water's edge the track gave way by
reason of the combined effect of the weight of the car and the insecurity of the road bed. The car was in consequence
upset; the rails slid off; and the plaintiff's leg was caught and broken. It appeared in evidence that the accident was due
to the effects of the typhoon which had dislodged one of the supports of the track. The court found that the defendant
company was negligent in having failed to repair the bed of the track and also that the plaintiff was, at the moment of
the accident, guilty of contributory negligence in walking at the side of the car instead of being in front or behind. It was
held that while the defendant was liable to the plaintiff by reason of its negligence in having failed to keep the track in
proper repair nevertheless the amount of the damages should be reduced on account of the contributory negligence in
the plaintiff. As will be seen the defendant's negligence in that case consisted in an omission only. The liability of the
company arose from its responsibility for the dangerous condition of its track. In a case like the one now before us,
where the defendant was actually present and operating the automobile which caused the damage, we do not feel
constrained to attempt to weigh the negligence of the respective parties in order to apportion the damage according to
the degree of their relative fault. It is enough to say that the negligence of the defendant was in this case the immediate
and determining cause of the accident and that the antecedent negligence of the plaintiff was a more remote factor in
the case.

A point of minor importance in the case is indicated in the special defense pleaded in the defendant's answer, to the
effect that the subject matter of the action had been previously adjudicated in the court of a justice of the peace. In this
connection it appears that soon after the accident in question occurred, the plaintiff caused criminal proceedings to be
instituted before a justice of the peace charging the defendant with the infliction of serious injuries (lesiones graves). At
the preliminary investigation the defendant was discharged by the magistrate and the proceedings were dismissed.
Conceding that the acquittal of the defendant at the trial upon the merits in a criminal prosecution for the offense
mentioned would be res adjudicata upon the question of his civil liability arising from negligence -- a point upon which it
is unnecessary to express an opinion -- the action of the justice of the peace in dismissing the criminal proceeding upon
the preliminary hearing can have no effect. (See U. S. vs. Banzuela and Banzuela, 31 Phil. Rep., 564.)

From what has been said it results that the judgment of the lower court must be reversed, and judgment is her rendered
that the plaintiff recover of the defendant the sum of two hundred pesos (P200), with costs of other instances. The sum
here awarded is estimated to include the value of the horse, medical expenses of the plaintiff, the loss or damage
occasioned to articles of his apparel, and lawful interest on the whole to the date of this recovery. The other damages
claimed by the plaintiff are remote or otherwise of such character as not to be recoverable. So ordered.

Arellano, C.J., Torres, Carson, Araullo, Avancea, and Fisher, JJ., concur.
Johnson, J., reserves his vote.
G.R. No. L-10563 March 2, 1916

THE UNITED STATES, plaintiff-appellee,

William A. Kincaid and Thomas L. Hartigan for appellant.

CARSON, J.:

The appellant in this case was charged in the court below with homicidio por imprudencia temeraria (homicide
committed with reckless negligence), and was convicted of homicidio committed with simple negligence and sentenced
to four months and one day of arresto mayor and to pay the costs of the proceedings.

The information charges the commission of the offense as follows:

On or about the 31st day of October of the present year, 1913, in the barrio of Santa Rita of the municipality of Batangas,
Batangas, the accused, being an engineer and while conducting the freight train which was going to the municipality of
Bauan, at about 10 o'clock in the morning of the said day saw that Eligio Castillo, a deaf-mute, was traveling along the
railroad track, and as the said Castillo did not get off of the said track in spite of the whistle or warnings given by the
accused, the accused did maliciously and criminally cause the said train to run over the said Castillo, thereby killing him
instantly; an act committed with violation of law.

On the 31st of October, 1913, Eligio Castillo, a deaf-mute, was run down and killed, while attempting to cross the railroad
track in the barrio of Santa Rita, Batangas, by an engine on which the accused was employed as engineer. The deaf-mute
stepped out on the track from an adjoining field shortly before the accident, walked along one side of the track for some
little distance and was killed as he attempted, for some unknown reason, to cross over to the other side.

When the accused engineer first saw the deceased, he was walking near the track, in the same direction as that in which
the train was running. The train, a heavy freight train, had just rounded a curve, and the man in front was about 175
meters ahead of the engine. The engineer immediately blew his whistle twice, and noticing, a few moments afterwards,
that the man in front did not respond to the warning by stepping aside from the track, he tried to slow down the engine,
but did not succeed in stopping in time to avoid running down the pedestrian. He did not attempt to stop his engine
when he first saw the man walking along the side of the track; but he claims that he did all in his power to slow down a
few moments afterwards, that is to say after he had blown his whistle without apparently attracting the attention of the
pedestrian, who, about that time, turned and attempted to cross the track.

The only evidence as to the rate of speed at which the train was running at the time of the accident was the testimony of
the accused himself, who said that his indicator showed that he was travelling at the rate of 35 kilometers an hour, the
maximum speed permitted under the railroad regulations for freight trains on that road.

There was a heavy decline in the track from the turn at the curve to a point some distance beyond the place where the
accident took place, and the undisputed evidence discloses that a heavy freight train running at the rate of 35 miles an
hour could not be brought to a stop on that decline in much less than one hundred and fifty meters.

We think that the meter statement of facts, as disclosed by the undisputed evidence of record, sufficiently and
conclusive demonstrates that the death of the deaf-mute was the result of a regrettable accident, which was
unavoidable so far as this accused was concerned.
It has been suggested that, had the accused applied his brakes when he first saw the man walking near the track, after
his engine rounded the curve, he might have stopped the train in time to have avoided the accident, as it is admitted that
the distance from the curve to the point where the accident occurred was about 175 meters.

But there is no obligation on an engine driver to stop, or even to slow down his engine, when he sees an adult pedestrian
standing or walking on or near the track, unless there is something in the appearance or conduct of the person on foot
which would cause a prudent man to anticipate the possibility that such person could not, or would not avoid the
possibility of danger by stepping aside. Ordinarily, all that may properly be required of an engine driver under such
circumstances is that he give warning of his approach, by blowing his whistle or ringing his bell until he is assured that
the attention of the pedestrian has been attracted to the oncoming train.

Of course it is the duty of an engine driver to adopt every measure in his power to avoid the infliction of injury upon any
person who may happen to be on the track in front of his engine, and to slow down, or stop altogether if that be
necessary, should he have reason to believe that only by doing so can an accident be averted.

But an engine driver may fairly assume that all persons walking or standing on or near the railroad track, except children
of tender years, are aware of the danger to which they are exposed; and that they will take reasonable precautions to
avoid accident, by looking and listening for the approach of trains, and stepping out of the way of danger when their
attention is directed to an oncoming train.

Any other rule would render it impracticable to operate railroads so as to secure the expeditious transportation of
passengers and freight which the public interest demands. If engine drivers were required to slow down or stop their
trains every time they see a pedestrian on or near the track of the railroad it might well become impossible for them to
maintain a reasonable rate of speed. As a result the general traveling public would be exposed to great inconvenience
and delay which may be, and is readily avoided by requiring all persons approaching a railroad track, to take reasonable
precautions against danger from trains running at high speed.

There was nothing in the appearance or conduct of the victim of the accident in the cast at bar which would have
warned the accused engine driver that the man walking along the side of the tract was a deaf-mute, and that despite the
blowing of the whistle and the noise of the engine he was unconscious of his danger. It was not until the pedestrian
attempted to cross the track, just in front of the train, that the accused had any reason to believe that his warning signals
had not been heard, and by that time it was too late to avoid the accident. Under all the circumstances, we are satisfied
that the accused was without fault; and that the accident must be attributed wholly to the reckless negligence of the
deaf-mute, in walking on the track without taking the necessary precautions to avoid danger from a train approaching
him from behind.

The trial judge, although he was satisfied that the accused was not guilty of reckless negligence, held that he was guilty
of homicide through simple negligence, accompanied by a breach of speed regulations, and imposed the penalty
prescribed for that offense in article 568 of the Penal Code.

The only evidence as to the speed at which the train was running at the time of the accident was the testimony of the
accused himself, who said that before the accident occurred his indicator showed that he was running at the rate of 35
kilometers an hour, the maximum speed authorized under the railroad regulations. From this statement of the accused,
taken together with the evidence disclosing that the train was running on a down grade at the time when the accident
occurred, the trial judge inferred that the train must have been running at more than 35 miles an hour at that moment,
that is to say at a speed in excess of that allowed under the railroad regulations.

We are of opinion, however, that the evidence does not sustain a finding, beyond a reasonable doubt, that the train was
running at more than 35 miles an hour at the time when the accident occurred. We think that the statement of the
accused engineer that the indicator or his engine showed that he was running at 35 miles an hour before the accident
referred to the time immediately preceding the accident. Even if it were true, as the trial judge inferred from his
evidence, that the accused looked at the indicator several seconds before the accident, and before the train entered on
the down-grade some 175 yards from the place at which it occurred, it does not necessarily follow that the speed of
travel was increased thereafter beyond the limit prescribed by regulations. That would depend to some extent on the
steam pressure maintained on the engine, and perhaps upon other factors not developed in the record.

Mere conjecture, and inferences unsupported by satisfactory evidence, are not sufficient to establish a material finding
of fact upon which a finding of guilt, beyond a reasonable doubt, can be sustained.

Moreover, even if it were true that the train was running at a speed slightly in excess of the limit prescribed by
regulations, just before the accident took place, that fact would not justify or require the imposition of the penalty
prescribed in article 568 of the Criminal Code, it affirmatively appearing that the slight excess of speed had no possible
causal relation to the accident.

Granting it to be true, as found by the trial judge, that the train had gained some small addition in speed beyond the
authorized rate of travel, as a result of the fact that it was running on down grade for about one hundred meters before
the accident occurred, it affirmatively appears from the statement of facts set forth above, that, under all the
circumstances, the accident must have taken place whether the speed had been slightly under rather than slightly over
the limit prescribed by regulation, and that it was due wholly to the negligent conduct of the deceased. The provisions of
article 568 of the Criminal Code under which the accused was convicted are as follows:

xxx xxx xxx

Any person who, while violating any regulation, shall, by any act of imprudence or negligence not amounting to reckless
imprudence, commit an offense, shall suffer the penalty of arresto mayor in its medium and maximum degrees.

This does not mean that in every case in which one accidentally injures or kills another he is criminally liable therefor, if
at the moment he happens to be guilty of a violation of some petty regulation (reglamento). The injury or death must
have resulted from some "imprudence or negligence" (imprudencia o negligencia) on his part. True it need only be slight
negligence, if accompanied by a violation of the regulations, but the relation of cause and effect must exist between the
negligence or imprudence of the accused and the injury inflicted. If it appears that the injury in no wise resulted from the
violation of the regulations, or the negligent conduct of the accused, he incurs no criminal liability under the provisions
of this article.

Viada, in his commentaries on this article of the Penal Code (vol. 3, p. 685), sets out the following question and answer
which clearly discloses that a conviction thereunder cannot be maintained, unless there was culpable negligence in the
violation of a duly prescribed regulation; and unless, further, the latter was the proximate and immediate cause of the
injury inflicted:

Question No. 17. A pharmacist left his store forgetting and leaving behind the keys to the case where the most
powerful drugs were kept. During his absence his clerk filled a prescription which he believed was duly made out by a
physician but which, in fact, was signed by an unauthorized person. The prescription called for certain substances which
were afterwards employed to procure an abortion. These substances, according to a medical report, were of a poisonous
and extremely powerful nature such as should be most carefully safeguarded and only expended after ratification of the
prescription in accordance with article 20 of the ordinance relating to the practice of pharmacy. Under these
circumstances would it be proper to consider thepharmacist as guilty of the offense of simple imprudence with violation
of the regulation of the said faculty? The Supreme Court has decided this question in the negative on the ground that the
fact of the pharmacist having forgotten and left behind, during the short time he was out walking, the key of the closet in
which in conformity with the pharmacy ordinances, he kept the most powerful and active drugs, properly considered,
does not constitute the culpable negligence referred to in article 581 of the Penal Code, nor was it the proximate and
immediate cause of the said prescription being filled in his store without being properly ratified by the physician who
signed it, as required by the said ordinances. The Court held, therefore, that the trial court committed an error of law in
holding the appellant liable. (Decision of December 23, 19881; Official Gazette of April 14, 1882.)

See also the recent decision of the Tribunal Supremo de Espaa dated July 11, 1906, wherein the doctrine is reaffirmed
in a case involving the alleged negligence of certain railroad employees in handling railroad cars.

Doubtless a presumption of negligence will frequently arise from the very fact that an accident occurred at the time
when the accused was violating a regulation; especially if the regulation has for its object the avoidance of such an
accident. But this presumption may, of course, be rebutted in criminal as well as in civil cases by competent evidence. In
the Federal Court of the United States the rule is stated as follows:

Where a ship at the time of collision is in actual violation of a statutory rule intended to prevent collisions the burden is
upon her of showing that her fault could not have been a contributory cause of the collision. (7 Cyc., 370 and numerous
other cases there cited.)

The evidence of record in the case at bar clearly and satisfactorily discloses that even if the train was running at a speed
slightly in excess of the maximum speed prescribed in the regulations, that fact had no causal relation to the accident
and in no wise contributed to it.

The judgment convicting and sentencing the appellant in this case should be reversed, and the accused acquitted of the
offense with which he is charged in the information, and his bail bond exonerated, with the costs of both instances de
officio. So ordered.
G.R. No. L-29889 May 31, 1979

VICTORINO CUSI and PILAR POBRE, plaintiffs-appellees,

Leopoldo M. Abellera for appellant.

Francisco V. Marasigan for appellees.

GUERRERO, J.:

Direct appeal from the decision of the Court of First Instance of Rizal ordering defendant-appellant to indemnify the
plaintiffs- appellees in the total amount of Two Hundred Thirty-Nine Thousand and Six Hundred Forty-Eight Pesos, and
Seventy-Two Centavos (P239,648.72) for injuries received in a collision caused by the gross negligence of defendant-
appellant, plus Ten Thousand Pesos (P10,000.00) as attorney's fees and expenses of litigation.

Upon the amended and supplemental complaints for damages filed by plaintiffs-appellees, the spouses Victorino Cusi
and Pilar Pobre before the Court of First Instance of Rizal against the Manila Railroad Company, now the Philippine
National Railways and duly answered by the latter and after due hearing. the following facts appear as undisputed: On
the night of October 5, 1963, plaintiffs-appellees attended a birthday party inside the United Housing Subdivision in
Paranaque, Rizal. After the party which broke up at about 11 o'clock that evening, the plaintiffs-appellees proceeded
home in their Vauxhall car with Victorino Cusi at the wheel. Upon reaching the railroad tracks, finding that the level
crossing bar was raised and seeing that there was no flashing red light, and hearing no whistle from any coming train,
Cusi merely slack ened his speed and proceeded to cross the tracks. At the same time, a train bound for Lucena traversed
the crossing, resulting in a collision between the two. The impact threw the plaintiffs-appellees out of their car which
was smashed. One Benjamin Franco, who came from the same party and was driving a vehicle right behind them, rushed
to their aid and brought them. to San Juan de Dios Hospital for emergency treatment. Later, the plaintiffs-appellees were
transferred to the Philippine General Hospital. A week later, Mrs. Cusi transferred to the Manila Doctors Hospital where
Dr. Manuel Rivera, head of the Orthopedic and Fracture Service of the Philippine General Hospital performed on her a
second operation and continued to treat her until her discharge from the hospital on November 2, 1963. Thereafter, Dr.
Rivera treated her as an out-patient until the end of February, 1964 although by that time the fractured bones had not
yet healed. Mrs. Cusi was also operated on by Dr. Francisco Aguilar, Director of the National Orthopedic Hospital, in May,
1964 and in August, 1965, after another operation in her upper body from the chest to the abdomen, she was placed in
cast for some three (3) months and her right arm immobilized by reason of the past

As enumerated in the Medical Certificate (Exh. "J"), Mrs. Cusi suffered the following:

(1) Fracture open middle third humerus right

(2) Fracture mandible right paramedian

(3) Fracture fibula left distal

(4) Concussion, cerebral

(5) Abrasions, multiple (face, head, lumbosacral and extremities)

(6) Lacerations (2) right temporal

(7) Contusions with hematoma left forehead and parieto occipital right.
For these injuries, she underwent a total of four surgical opera. petitions in a period of two years. As a result of the
fracture on her right arm, there was a shortening of about 1 cm. of that arm. She lost the flexibility of her wrist, elbow
and shoulder. Up to the time she took the witness stand in August, 1966, she still had an intermedullary nail in the bone
of her right arm Likewise, Victorino Cusi suffered brain injuries which affected his speech, memory, sense of hearing and
neck movement. For a long period, he also felt pain all over his body.

Victorino Cusi claimed that prior to the accident he was a successful businessman the Special Assistant to the Dolor
Lopez Enterprises, the managing partner of Cusi and Rivera Partnership, the manager of his ricemill, and with substantial
investments in other business enterprises. As a result of his injuries, he was unable to properly attend to his various
business undertakings. On the other hand, his wife, Pilar, was a skilled music and piano teacher. After the accident, she
lost the dexterity of her fingers forcing her to quit her profession. She also bore ugly scars on several parts of her body,
and she suffered anxiety of a possible miscarriage being then five (5) months pregnant at the time of the accident.

The defense is centered on the proposition that the gross negligence of Victorino Cusi was the proximate cause of the
collision; that had he made a full stop before traversing the crossing as required by section 56(a) of Act 3992 (Motor
Vehicle Law), he could have seen and heard the approach of the train, and thus, there would have been no collision.

After a protracted trial, the lower court rendered the decision now subject of the appeal. Defendant-appellant seeks the
reversal of said decision; but should we affirm the same, that the award be reduced to a reasonable amount.

As the action is predicated on negligence, the New Civil Code 1 making clear that "whoever by act or omission causes
damage to another, there being fault or negligence, is obliged to pay for the damage done the crucial question posed in
the petition at bar is the existence of negligence on the part of defendant-appellant as found by the lower court.

1. The question of negligence being one of fact, the lower court's finding of negligence on the part of the defendant-
appellant deserves serious consideration by the Court. It commands great respect and weight, the reason being that the
trial judge, having the advantage of hearing the parties testify and of observing their demeanor on the witness stand, is
better situated to make conclusions of facts. Thus, it has been the standing practice of appellate courts to accord lower
court's judgments the presumption of correctness. And unless it can be shown that error or errors, substantial in
character, be shown in the conclusion arrived at, or that there was abuse in judicial scrutiny, We are bound by their
judgments. On this ground alone We can rest the affirmance of the judgment appealed from. 2

2. Nor is the result different even if no such presumption were indulged in, that is, even if We were to resolve whether or
not there exist compelling reasons for an ultimate reversal.

The judicial pronouncement below that the gross negligence of defendant-appellant was the proximate cause of the
collision has been thoroughly reviewed by this Court and we fully affirm the same.

Negligence has been defined by Judge Cooley in his work on Torts 3d ed sec. 1324 3 as "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." By such a test, it can readily be seen that there is no hard and
fast rule whereby such degree of care and vigilance is measured, it is dependent upon the circumstances in which a
person finds himself so situated. All that the law requires is that it is always incumbent upon a person to use that care
and diligence expected of reasonable men under similar circumstances.

These are the circumstances attendant to the collision. Undisputably, the warning devices installed at the railroad
crossing were manually operated; there were only 2 shifts of guards provided for the operation thereof one, the 7:00
A.M. to 3:00 P. M. shift, and the other, the 3:00 P.M. to 11:00 P.M. shift. On the night of the accident, the train for Lucena
was on an unscheduled trip after 11:00 P.M. During that precise hour, the warning devices were not operating for no one
attended to them. Also, as observed by the lower court, the locomotive driver did not blow his whistle, thus: "... he
simply sped on without taking an extra precaution of blowing his whistle from a distance of 50 to 10 meters from the
crossing. That the train was running at full speed is attested to by the fact that notwithstanding the application of the
emergency brakes, the train did not stop until it reached a distance of around 100 meters."

These facts assessed together show the inadequacy, nay, the absence, of precautions taken by the defendant-appellant
to warn the travelling public of the impending danger. It is clear to Us that as the signal devices were wholly manually-
operated, there was an urgent need for a flagman or guard to man the crossing at all times. As it was, the crossing was
left unattended to after eleven o'clock every night and on the night of the accident. We cannot in all reason justify or
condone the act of the defendant-appellant allowing the subject locomotive to travel through the unattended crossing
with inoperative signal devices, but without sending any of its employees to operate said signal devices so as to warn
oncoming motorists of the approach of one of its locomotives. It is not surprising therefore that the in operation of the
warning devices created a situation which was misunderstood by the riding public to mean safe passage. Jurisprudence
recognizes that if warning devices are installed in railroad crossings, the travelling public has the right to rely on such
warning devices to put them on their guard and take the necessary precautions before crossing the tracks. A need,
therefore, exists for the railroad company to use reasonable care to keep such devices in good condition and in working
order, or to give notice that they are not operating, since if such a signal is misunderstood it is a menace. 4 Thus, it has
been held that if a railroad company maintains a signalling device at a crossing to give warning of the approach of a train,
the failure of the device to operate is generally held to be evidence of negligence, which maybe considered with all the
circumstances of the case in determining whether the railroad company was negligent as a matter of fact. 5

The set of circumstances surrounding the collision subject of this case is very much similar to that of Lilius v. Manila
Railroad Company, 59 Phil. 758 (1934), where this Court upheld the lower court's finding of negligence on the part of
defendant locomotive company upon the following facts

... on the part of the defendant company, for not having had on that occasion any semaphore at the crossing at Dayap to
serve as a warning to passersby of its existence in order that they might take the necessary precautions before crossing
the railroad; and, on the part of its employees the flagman and switchman, for not having remained at his post at the
crossing in question to warn passersby of the approaching train; the station master, for failure to send the said flagman
and switchman to his post on time; and the engineer, for not having taken the necessary precautions to avoid an
accident, in view of the absence of said flagman and switchman, by slackening his speed and continuously ringing the
bell and blowing the whistle before arriving at the crossing.

Defendant-appellant rests its defense mainly on Section 56(a) of the Motor Vehicle Law. Thus:

Section 56(a) Traversing through streets and railroad crossing, etc, All vehicles moving on the public highways shall
be brought to a full stop before traversing any 'through street' or railroad crossing. Whenever any such 'through street' or
crossing is so designated and signposted, it shall be unlawful for the driver of any vehicle to fail to stop within twenty
meters but not less than two and one-half meters from such through street or railroad crossing.

The defense presupposes that the failure of plaintiffs-appellees to stop before proceeding to traverse the crossing
constitutes contributory negligence, thereby precluding them from recovering indemnity for their injuries and damages.

The candor of defendant-appellant in interposing such a defense is doubtful. As seemingly observed by the lower court,
the defense, through inadvertence or deliberateness, did not pursue further the excepting clause of the same section
thus to go on:

Provided, however, that the driver of a passenger automobile or motorcycle may instead of coming to a full stop, slow
down to not more than ten kilometers per hour whenever it is apparent that no hazard exists.

After a thorough perusal of the facts attendant to the case, this Court is in fun accord with the lower court. Plaintiff-
appellee Victorino Cusi had exercised all the necessary precautions required of him as to avoid injury to -himself and to
others. We find no need for him to have made a full stop; relying on his faculties of sight and hearing, Victorino Cusi had
no reason to anticipate the impending danger. The record shows that the spouses Cusi previously knew of the existence
of the railroad crossing, having stopped at the guardhouse to ask for directions before proceeding to the party. At the
crossing, they found the level bar raised, no warning lights flashing nor warning bells ringing, nor whistle from an
oncoming train. They safely traversed the crossing. On their return home, the situation at the crossing did not in the least
change, except for the absence of the guard or flagman. Hence, on the same impression that the crossing was safe for
passage as before, plaintiff-appellee Victorino Cusi merely slackened his speed and proceeded to cross the tracks, driving
at the proper rate of speed for going over railroad crossings. Had defendant-appellant been successful in establishing
that its locomotive driver blew his whistle to warn motorists of his approach to compensate for the absence of the
warning signals, and that Victorino Cusi, instead of stopping or slackening his speed, proceeded with reckless speed and
regardless of possible or threatened danger, then We would have been put in doubt as to the degree of prudence
exercised by him and would have, in all probability, declared him negligent. 6 But as the contrary was established, we
remain convinced that Victorino Cusi had not, through his own negligence, contributed to the accident so as to deny him
damages from the defendant-appellant.

The only question that now remains to be resolved is the reasonableness of the amount awarded as damages to the
plaintiffs- appellees.

The following actual expenses and losses are fully substantiated:

(a) Hospital bills of Mrs. Cusi from October, 1963 to May, 1964 in the amount of Thirteen Thousand Five Hundred Fifty
Pesos and Five Centavos (P13,550.05);

(b) Another hospital bill of Mrs. Cusi in 1965 in the amount of Three Thousand and One Pesos and Ninety Centavos
(P3,001.90);

(c) Doctor's fees for two surgical operations performed on Mrs. Cusi by one Dr. Manuel Rivera in the amount of One
Thousand and Five Hundred Pesos (Pl,500.00);

(d) Loss of Victorino's wrist watch valued at Two Hundred and Fifty Pesos (P250.00);

(e) Loss of Pilar's half of her pair of demand earrings(l-carrats) valued at Two Thousand Seven Hundred and Fifty Pesos
(P2,750,00);

(f) Repair of the damaged Vauxhall car in the amount of Two Thousand Eight Hundred and Ninety Four Pesos and
Seventy- Seven Centavos (P2,894.77).

The total award of actual damages in the amount of Twenty Three Thousand Nine Hundred Forty-Six Pesos and Seventy-
Two Centavos (P23,946.72) is, therefore, correct.

The lower court awarded Twenty-One Thousand Six Hundred Pesos (P21,600.00) to Mrs. Cusi for loss of income for the
three years that she was under constant medical treatment, and Fourteen Thousand Pesos (P14,000.00) for impairment
of her earning capacity; and Forty Thousand Pesos (P 40,000.00) to Mr. Cusi for loss of income for the eight months that
he was disabled and impairment of his earning capacity. We find the award reasonable. The records show that Mrs. Cusi,
previously a skilled piano teacher averaging a monthly income of Six Hundred Pesos (P600.00), cannot now teach nor
play the piano since the accident which resulted in the loss of the dexterity of her fingers; likewise, Mr. Cusi cannot now
vigorously attend to his businesses which previously netted him a monthly average income of Five Thousand Pesos
(P5,000.00).

As regards the award of Twenty Thousand Pesos (P20,000.00) for profits which Victorino Cusi failed to realize from a
certain real estate transaction with the Dolor Lopez Enterprises, we affirm the same as the defendant-appellant has
failed to present an iota of evidence to overcome plaintiffs-appellees' evidence credited by the lower court as to the
certainty of the materialization of the stated transaction.
The award of Seventy Thousand Pesos (P70,000.00) to Mrs. Cusi and Fifty Thousand Pesos (P50,000.00) to Victorino Cusi
as moral damages is not excessive. In their own respective fields of endeavor, both were successful. Now they have to
bear throughout their whole lifetime the humiliation wrought by their physical deformities which no doubt affected, and
will continue to do so, their social lives, their financial undertakings, and even their mental attitudes.

Likewise, the amount of Ten Thousand Pesos (P10,000.00) given as attorney's fees and expenses of litigation is not
unreasonable. The total amount of damages awarded by the trial court should bear legal interest at 6% from the
rendition of the j judgment, which was on March 26, 1968.

WHEREFORE, the judgment of the lower court is hereby AFFIRMED with the modification that the total amount of
damages shall bear legal interest at six per cent (6%) from the rendition of the decision dated March 26, 1968.

SO ORDERED.
G.R. No. L-7760 October 1, 1914

E. M. WRIGHT, plaintiff-appellant,
vs.
MANILA ELECTRIC R.R. & LIGHT CO., defendant-appellant.

W. A. Kincaid, Thomas L. Hartigan, and Jose Robles Lahesa for plaintiff.

MORELAND, J.:

This is an action brought to recover damages for injuries sustained in an accident which occurred in Caloocan on the
night of August 8, 1909.

The defendant is a corporation engaged in operating an electric street railway in the city of Manila and its suburbs,
including the municipality of Caloocan. The plaintiff's residence in Caloocan fronts on the street along which defendant's
tracks run, so that to enter his premises from the street plaintiff is obliged to cross defendant's tracks. On the night
mentioned plaintiff drove home in a calesa and in crossing the tracks to enter his premises the horse stumbled, leaped
forward, and fell, causing the vehicle with the rails, resulting in a sudden stop, threw plaintiff from the vehicle and
caused the injuries complained of.

It is undisputed that at the point where plaintiff crossed the tracks on the night in question not only the rails were above-
ground, but that the ties upon which the rails rested projected from one-third to one-half of their depth out of the
ground, thus making the tops of the rails some 5 or 6 inches or more above the level of the street.

It is admitted that the defendant was negligent in maintaining its tracks as described, but it is contended that the plaintiff
was also negligent in that he was intoxicated to such an extent at the time of the accident that he was unable to take
care of himself properly and that such intoxication was the primary cause of the accident.

The trial court held that both parties were negligent, but that the plaintiff's negligence was not as great as defendant's
and under the authority of the case of Rakes vs. A. G. & P. Co. (7 Phil. Rep., 359) apportioned the damages and awarded
plaintiff a judgment of P1,000.

The question before us is stated by the defendant thus: "Accepting the findings of the trial court that both plaintiff and
defendant were guilty of negligence, the only question to be considered is whether the negligence of plaintiff
contributed t the 'principal occurrence' or 'only to his own injury.' If the former, he cannot recover; if the latter, the trial
court was correct in apportioning the damages."

The questioned as stated by plaintiff is as follows: "The main question at issue is whether or not the plaintiff was
negligent, and, if so, to what extent. If the negligence of the plaintiff was the primary cause of the accident then, of
course, he cannot recover; if his negligence had nothing to do with the accident but contributed to his injury, then the
court was right in apportioning the damages, but if there was no negligence on the part of the plaintiff, then he should
be awarded damages adequates to the injury sustained."

In support of the defendant's contention counsel says: "Defendant's negligence was its failure properly to maintain the
track; plaintiff's negligence was his intoxication; the 'principal occurrence' was plaintiff's fall from his calesa. It seems
clear that plaintiff's intoxication contributed to the fall; if he had been sober, it can hardly be doubted that he would have
crossed the track safely, as he had done a hundred times before."

While both parties appealed from the decision, the defendant on the ground that it was not liable and the plaintiff on
the ground that the damages were insufficient according to the evidence, and while the plaintiff made a motion for a
new trial upon the statutory grounds and took proper exception to the denial thereof, thus conferring upon this court
jurisdiction to determine the question of fact, nevertheless, not all of the testimony taken on the trial, so far as can be
gathered from the record, has been brought to this court. There seems to have been two hearings, one on the 31st of
August and the other on the 28th of September. The evidence taken on the first hearing is here; that taken on the second
is not. Not all the evidence taken on the hearings being before the court, we must refuse, under our rules, to consider
even that evidence which is here; and, in the decision of this case, we are, therefore, relegated to the facts stated in the
opinion of the court and the pleadings filed.

A careful reading of the decision of the trial court leads us to the conclusion that there is nothing in the opinion which
sustains the conclusion of the court that the plaintiff was negligent with reference to the accident which is the basis of
this action. Mere intoxication establish a want of ordinary care. It is but a circumstance to be considered with the other
evidence tending to prove negligence. It is the general rule that it is immaterial whether a man is drunk or sober if no
want of ordinary care or prudence can be imputed to him, and no greater degree of care is required than by a sober one.
If one's conduct is characterized by a proper degree of care and prudence, it is immaterial whether he is drunk or sober.
(Ward vs. Chicago etc., R. R. Co., 85 Wis., 601; H & T. C. R. Co. vs. Reason, 61 Tex., 613; Alger vs. Lowell, 3 Allen, Mass.,
402; Central R. R. Co. vs. Phinazee, 93 Ga., 488; Maguirevs. Middlesex R. R. Co., 115 Mass., 239; Meyer vs. Pacific R. R.
Co., 40 Mo., 151., Chicago & N. W. R. R. Co. vs. Drake, 33 Ill. App., 114.)

If intoxication is not in itself negligence, what are the facts found by the trial court and stated in its opinion upon which
may be predicated the finding that the plaintiff did not use ordinary care and prudence and that the intoxication
contributed to the injury complained of? After showing clearly and forcibly the negligence of the defendant in leaving its
tracks in the condition in which they were on the night of the injury, the court has the following to say, and it is all that
can be found in its opinion, with reference to the negligence of the plaintiff: "With respect to the condition in which Mr.
Wright was on returning to his house on the night in question, the testimony of Doctor Kneedler, who was the physician
who attended him an hour after the accident, demonstrates that he was intoxicated. . . . .

If the defendant or its employees were negligent by reason of having left the rails and a part of the ties uncovered in a
street where there is a large amount of travel, the plaintiff was no less negligent, he not having abstained from his
custom of taking more wine than he could carry without disturbing his judgment and his self-control, he knowing that he
had to drive a horse and wagon and to cross railroad tracks which were to a certain extent dangerous by reason of the
rails being elevated above the level of the street.

If the plaintiff had been prudent on the night in question and had not attempted to drive his conveyance while in a
drunken condition, he would certainly have avoided the damages which he received, although the company, on its part,
was negligent in maintaining its tracks in a bad condition for travel.

Both parties, therefore, were negligent and both contributed to the damages resulting to the plaintiff, although the
plaintiff, in the judgment of the court, contributed in greater proportion to the damages that did the defendant.

As is clear from reading the opinion, no facts are stated therein which warrant the conclusion that the plaintiff was
negligent. The conclusion that if he had been sober he would not have been injured is not warranted by the facts as
found. It is impossible to say that a sober man would not have fallen from the vehicle under the conditions described. A
horse crossing the railroad tracks with not only the rails but a portion of the ties themselves aboveground, stumbling by
reason of the unsure footing and falling, the vehicle crashing against the rails with such force as to break a wheel, this
might be sufficient to throw a person from the vehicle no matter what his condition; and to conclude that, under such
circumstances, a sober man would not have fallen while a drunken man did, is to draw a conclusion which enters the
realm of speculation and guesswork.

It having been found that the plaintiff was not negligent, it is unnecessary to discuss the question presented by the
appellant company with reference to the applicability of the case of Rakes vs. A. G. & P. Co., above; and we do not find
facts in the opinion of the court below which justify a larger verdict than the one found.
[G.R. No. 131588. March 27, 2001]

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. GLENN DE LOS SANTOS, accused-appellant.

DECISION

DAVIDE, JR., C.J.:

One may perhaps easily recall the gruesome and tragic event in Cagayan de Oro City, reported over print and broadcast
media, which claimed the lives of several members of the Philippine National Police (PNP) who were undergoing an
endurance run as part of the Special Counter Insurgency Operation Unit Training. Not much effort was spared for the
search of the one responsible therefor, as herein accused-appellant Glenn de los Santos (hereafter GLENN) immediately
surrendered to local authorities. GLENN was then charged with the crimes of Multiple Murder, Multiple Frustrated
Murder, and Multiple Attempted Murder in an information filed with the Regional Trial Court of Cagayan de Oro City. The
information reads as follows:

That on or about October 05, 1995, in the early morning, at Maitum Highway, within Barangay Puerto, Cagayan de Oro
City, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, with deliberate intent to
kill, taking advantage of his driven motor vehicle, an Isuzu Elf, and with treachery, did then and there willfully, unlawfully
and feloniously kill and inflict mortal wounds from behind in a sudden and unexpected manner with the use of said
vehicle members of the Philippine National Police (PNP), undergoing a Special Training Course (Scout Class 07-95),
wearing black T-shirts and black short pants, performing an Endurance Run of 35 kilometers coming from their camp in
Manolo Fortich, Bukidnon, heading to Regional Training Headquarters in Camp Alagar, Cagayan de Oro City, running in a
column of 3, with a distance of two feet, more or less, from one trainee to another, thus forming a [sic] three lines, with a
length of more or less 50 meters from the 1st man to the last man, unable to defend themselves, because the accused
ran or moved his driven vehicle on the direction of the backs of the PNP joggers in spite of the continuous warning
signals made by six of the joggers, namely: PO1 Allan Tabacon Espana, Waldon Sinda Sacro, Lemuel Ybanez Pangca,
Artemio Jamil Villaflor, Nardo Omasas Collantes and Joselito Buyser Escartin, who were at the rear echelon of said run,
acting as guards, by continuously waving their hands at the accused for him to take the left lane of the highway, going to
the City proper, from a distance of 100 meters away from the joggers rear portion, but which accused failed and refused
to heed; instead, he proceeded to operate his driven vehicle (an Isuzu Elf) on high speed directly towards the joggers,
thus forcing the rear guard[s] to throw themselves to [a] nearby canal, to avoid injuries, then hitting, bumping, or
ramming the first four (4) victims, causing the bodies to be thrown towards the windshields of said Isuzu Elf, breaking
said windshield, and upon being aware that bodies of the victims flew on the windshield of his driven vehicle, instead of
applying his brake, continued to travel on a high speed, this time putting off its headlights, thus hitting the succeeding
joggers on said 1st line, as a result thereof the following were killed on the spot:

1. Vincent Labis Rosal 7. Antonio Flores Lasco

2. Allan Amoguis Abis 8. Igmedio Salinas Lituanas

3. Jose Arden M. Atisa 9. Roberto Cabussao Loren

4. Nathaniel Mugot Baculio 10. Raul Plaza Martinez

5. Romil Gosila Legrano 11. Jerry Pedrosa Pajo

6. Arnulfo Limbago Jacutin 12. Rolando Paremcio Pancito

While another trainee/victim, Antonio Palomino Mino, died few days after the incident, while the following eleven (11)
other trainee/victims were seriously wounded, the accused thus performing all the acts of execution which would
produce the crime of Murder as a consequence but nevertheless did not produce it by reason of some cause other than
said accuseds spontaneous desistance, that is, by the timely and able medical assistance rendered on the following
victims which prevented their death, to wit:

1. Rey Go Boquis 7. Melchor Hinlo

2. Rene Tuako Calabria 8. Noel Ganzan Oclarit

3. Nonata Ibarra Erno 9. Charito Penza Gepala

4. Rey Tamayo Estofil 10. Victor Malicse Olavo

5. Joel Rey Migue Galendez 11. Bimbo Glabe Polboroza

6. Arman Neri Hernaiz

While the following Police Officers I (POI) sustained minor injuries, to wit:

1. Romanito Andrada 6. Romualdo Cotor Dacera

2. Richard Canoy Caday 7. Ramil Rivas Gaisano

3. Rey Cayusa 8. Dibangkita Magandang

4. Avelino Chua 9. Martin Olivero Pelarion

5. Henry Gadis Coubeta 10. Flordicante Martin Piligro

after which said accused thereafter escaped from the scene of the incident, leaving behind the victims afore-enumerated
helpless.

Contrary to Article 248, in relation to Article 6 of the Revised Penal Code.

The evidence for the prosecution disclose that the Special Counter Insurgency Operation Unit Training held at Camp
Damilag, Manolo Fortich, Bukidnon, started on 1 September 1995 and was to end on 15 October 1995. The last phase of
the training was the endurance run from said Camp to Camp Alagar, Cagayan de Oro City. The run on 5 October 1995
started at 2:20 a.m. The PNP trainees were divided into three columns: the first and second of which had 22 trainees
each, and the third had 21. The trainees were wearing black T-shirts, black short pants, and green and black combat
shoes. At the start of the run, a Hummer vehicle tailed the jogging trainees. When they reached Alae, the driver of the
Hummer vehicle was instructed to dispatch advanced security at strategic locations in Carmen Hill. Since the jogging
trainees were occupying the right lane of the highway, two rear security guards were assigned to each rear column. Their
duty was to jog backwards facing the oncoming vehicles and give hand signals for other vehicles to take the left lane. [1]

Prosecution witnesses Lemuel Y. Pangca and Weldon Sacro testified that they were assigned as rear guards of the first
column. They recalled that from Alae to Maitum Highway, Puerto, Cagayan de Oro City, about 20 vehicles passed them,
all of which slowed down and took the left portion of the road when signaled to do so. [2]

While they were negotiating Maitum Highway, they saw an Isuzu Elf truck coming at high speed towards them. The
vehicle lights were in the high beam. At a distance of 100 meters, the rear security guards started waving their hands for
the vehicle to take the other side of the road, but the vehicle just kept its speed, apparently ignoring their signals and
coming closer and closer to them. Realizing that the vehicle would hit them, the rear guards told their co-trainees to
retract. The guards forthwith jumped in different directions. Lemuel and Weldon saw their co-trainees being hit by the
said vehicle, falling like dominoes one after the other. Some were thrown, and others were overrun by the vehicle. The
driver did not reduce his speed even after hitting the first and second columns. The guards then stopped oncoming
vehicles to prevent their comrades from being hit again. [3]
The trial court judge, together with the City Prosecutor, GLENN and his counsel, conducted an ocular inspection of the
place where the incident happened. They then proceeded to inspect the Isuzu Elf at the police station. The City
Prosecutor manifested, thus:

The vehicle which we are now inspecting at the police station is the same vehicle which [was] involved in the October 5,
1995 incident, an Isuzu Elf vehicle colored light blue with strips painting along the side colored orange and yellow as well
as in front. We further manifest that the windshield was totally damaged and 2/3 portion of the front just below the
windshield was heavily dented as a consequence of the impact. The lower portion was likewise damaged more
particularly in the radiator guard. The bumper of said vehicle was likewise heavily damaged in fact there is a cut of the
plastic used as a bumper; that the right side of the headlight was likewise totally damaged. The front signal light, right
side was likewise damaged. The side mirror was likewise totally damaged. The height of the truck from the ground to the
lower portion of the windshield is 5 ft. and the height of the truck on the front level is 5 ft. [4]

PO3 Jose Cabugwas testified that he was assigned at the Investigation Division at Precinct 6, Cagayan de Oro City, and
that at 4 a.m. of 5 October 1995, several members of the PNP came to their station and reported that they had been
bumped by a certain vehicle. Immediately after receiving the report, he and two other policemen proceeded to the
traffic scene to conduct an ocular inspection. Only bloodstains and broken particles of the hit-and-run vehicle remained
on the highway. They did not see any brake marks on the highway, which led him to conclude that the brakes of the
vehicle had not been applied. The policemen measured the bloodstains and found them to be 70 ft. long. [5]

GLENNs version of the events that transpired that evening is as follows:

At about 10:30 p.m. of 4 October 1995, he was asked by his friend Enting Galindez and the latters fellow band members
to provide them with transportation, if possible an Isuzu Forward, that would bring their band instruments, band utilities
and band members from Macasandig and Corrales, Cagayan de Oro City, to Balingoan. From there, they were supposed
to be taken to Mambajao, Camiguin, to participate in the San Miguel-sponsored Sabado Nights of the Lanzones Festival
from 5-7 October 1995. It was the thirteenth time that Enting had asked such a favor from him. [6] Since the arrangement
was to fetch Galindez and his group at 4:00 a.m. of 5 October 1995, GLENN immediately went to Cugman, Cagayan de
Oro City, to get his Isuzu Elf truck. After which, he proceeded back to his house at Bugo, Cagayan de Oro City, and told his
wife that he would go to Bukidnon to get his aunts Isuzu Forward truck because the twenty band members and nine
utilities and band instruments could not be accommodated in the Isuzu Elf truck. Three of his friends asked to go along,
namely, Roldan Paltonag, Andot Pea, and a certain Akut. [7]

After leaving GLENNs house, the group decided to stop at Celebrity Plaza Restaurant. GLENN saw his kumpare Danilo
Cosin and the latters wife, and joined them at the table. GLENN finished three bottles of pale pilsen beer. When the
Cosin spouses left, GLENN joined his travelling companions at their table. The group left at 12:00 midnight for
Bukidnon. The environment was dark and foggy, with occasional rains. It took them sometime looking for the Isuzu
Forward truck. Finally, they saw the truck in Agusan Canyon. Much to their disappointment, the said truck had
mechanical problems. Hence, GLENN decided to go back to Cagayan de Oro City to tell Enting that they would use the
Isuzu Elf truck instead.[8]

GLENN drove slowly because the road was slippery. The vicinity was dark: there was no moon or star; neither were there
lampposts. From the Alae junction, he and his companions used the national highway, traversing the right lane going to
Cagayan de Oro City. At the vicinity of Mambatangan junction, as the Elf was negotiating a left curve going slightly
downward, GLENN saw a very bright and glaring light coming from the opposite direction of the national
highway. GLENN blinked his headlights as a signal for the other driver to switch his headlights from bright to dim. GLENN
switched his own lights from bright to dim and reduced his speed from 80 to 60 kilometers per hour. It was only when
the vehicles were at a distance of 10 to 15 meters from each other that the other cars headlights were switched from
bright to dim. As a result, GLENN found it extremely hard to adjust from high brightness to sudden darkness. [9]
It was while the truck was still cruising at a speed of 60 km./hr., and immediately after passing the oncoming vehicle, that
GLENN suddenly heard and felt bumping thuds. At the sound of the first bumping thuds, GLENN put his right foot on the
brake pedal. But the impact was so sudden that he was astonished and afraid. He was trembling and could not see what
were being bumped. At the succeeding bumping thuds, he was not able to pump the brake, nor did he notice that his
foot was pushing the pedal. He returned to his senses only when one of his companions woke up and said to him: Gard,
it seems we bumped on something. Just relax, we might all die. Due to its momentum, the Elf continued on its track and
was able to stop only when it was already very near the next curve. [10]

GLENN could not distinguish in the darkness what he had hit, especially since the right headlights of the truck had been
busted upon the first bumping thuds. In his confusion and fear, he immediately proceeded home. GLENN did not report
the incident to the Puerto Police Station because he was not aware of what exactly he had hit. It was only when he
reached his house that he noticed that the grill of the truck was broken; the side mirror and round mirror, missing; and
the windshield, splintered. Two hours later, he heard on Bombo Radyo that an accident had occurred, and he realized
that it was the PNP group that he had hit. GLENN surrendered that same day to Governor Emano. [11]

The defense also presented Crescente Galindez, as well as Shirley Almazan of the PAG-ASA Office, Cagayan de Oro
City. The former testified that when he went to GLENNs house at about 10:00 p.m. of 4 October 1995, there was heavy
rain; and at 12:00 midnight, the rain was moderate. He corroborated GLENNs testimony that he (Crescente) went to
GLENNs house that evening in order to hire a truck that would bring the band instruments, band utilities and band
members from Cagayan de Oro to Camiguin for the Lanzones Festival. [12] Almazan, on the other hand, testified that based
on an observed weather report within the vicinity of Cagayan de Oro City, there was rain from 8:00 p.m. of October 1995
to 2:00 a.m. the next day; and the sky was overcast from 11:00 p.m. of 4 October 1995 to 5:00 a.m. of 5 October
1995. What she meant by overcast is that there was no break in the sky; and, definitely, the moon and stars could not be
seen.[13]

The prosecution presented rebuttal witness Danilo Olarita whose house was just 100 meters away from the place where
the incident occurred. He testified that he was awakened on that fateful night by a series of loud thuds. Thereafter, a
man came to his house and asked for a glass of water, claiming to have been hit by a vehicle. Danilo further stated that
the weather at the time was fair, and that the soil was dry and not muddy. [14]

In its decision of 26 August 1997, the trial court convicted GLENN of the complex crime of multiple murder, multiple
frustrated murder and multiple attempted murder, with the use of motor vehicle as the qualifying circumstance. It
sentenced him to suffer the penalty of death and ordered him to indemnify each group of the heirs of the deceased in
the amount of P75,000; each of the victims of frustrated murder in the amount of P30,000; and each of the victims of
attempted murder in the amount of P10,000.

Hence, this automatic review, wherein GLENN contends that the trial court erred (a) in finding that he caused the Isuzu
Elf truck to hit the trainees even after seeing the rear guards waving and the PNP trainees jogging; (b) in finding that he
caused the truck to run even faster after noticing the first thuds; and (c) in finding that he could still have avoided the
accident from a distance of 150 meters, despite the bright and glaring light from the oncoming vehicle.

In convicting GLENN, the trial court found that the accused out of mischief and dare-devilness [ sic], in the exhilaration of
the night breeze and having dr[u]nk at least three bottles of beer earlier, merely wanted to scare the rear guard[s] and
see them scamper away as they saw him and his vehicle coming at them to ram them down. [15]

Likewise, the OSG posits that the evil motive of the appellant in injuring the jogging trainees was probably brought by
the fact that he had dr[u]nk a total of three (3) bottles of beer earlier before the incident. [16]

Not to be outdone, the defense also advances another speculation, i.e., the possibility that [GLENN] could have fallen
asleep out of sheer fatigue in that unholy hour of 3:30 in the early morning, and thus was not able to stop his Isuzu Elf
truck when the bumping thuds were occurring in rapid succession; and after he was able to wake up upon hearing the
shout of his companions, it was already too late, as the bumping thuds had already occurred. [17]

Considering that death penalty is involved, the trial court should have been more scrupulous in weighing the evidence. If
we are to subscribe to the trial courts finding that GLENN must have merely wanted to scare the rear guards, then intent
to kill was wanting. In the absence of a criminal intent, he cannot be held liable for an intentional felony. All reasonable
doubt intended to demonstrate negligence, and not criminal intent, should be indulged. [18]

From the convergence of circumstances, we are inclined to believe that the tragic event was more a product of reckless
imprudence than of a malicious intent on GLENNs part.

First, as testified to by prosecution rebuttal witness Danilo Olarita, the place of the incident was very dark, as there was
no moon. And according to PAG-ASAs observed weather report within the vicinity of Cagayan de Oro City covering a
radius of 50 kilometers, at the time the event took place, the sky was overcast, i.e., there was absolutely no break in the
thick clouds covering the celestial dome globe; hence, there was no way for the moon and stars to be seen. Neither were
there lampposts that illuminated the highway.

Second, the jogging trainees and the rear guards were all wearing black T-shirts, black short pants, and black and green
combat shoes, which made them hard to make out on that dark and cloudy night. The rear guards had neither
reflectorized vests or gloves nor flashlights in giving hand signals.

Third, GLENN was driving on the proper side of the road, the right lane. On the other hand, the jogging trainees were
occupying the wrong lane, the same lane as GLENNs vehicle was traversing. Worse, they were facing the same direction
as GLENNs truck such that their backs were turned towards the oncoming vehicles from behind.

Fourth, no convincing evidence was presented to rebut GLENNs testimony that he had been momentarily blinded by the
very bright and glaring lights of the oncoming vehicle at the opposite direction as his truck rounded the curve. He must
have been still reeling from the blinding effect of the lights coming from the other vehicle when he plowed into the
group of police trainees.

Indeed, as pointed out by appellant, instinct tells one to stop or swerve to a safe place the moment he sees a cow, dog,
or cat on the road, in order to avoid bumping or killing the same; and more so if the one on the road is a person. It would
therefore be inconceivable for GLENN, then a young college graduate with a pregnant wife and three very young children
who were dependent on him for support, to have deliberately hit the group with his truck.

The conclusion of the trial court and the OSG that GLENN intentionally rammed and hit the jogging trainees was
premised on the assumption that despite the first bumping thuds, he continued to accelerate his vehicle instead of
applying his brakes, as shown by the absence of brake marks or skid marks along the traffic scene.

For its part, the defense attributed the continuous movement of GLENNs vehicle to the confluence of the following
factors:

1. The Isuzu Elf truck, a huge vehicle, was moving fast that even if the brakes were applied the truck would have still
proceeded further on account of its momentum, albeit at a reduced speed, and would have stopped only after a certain
distance.

2. The national highway, from Alae to Puerto, Cagayan de Oro City, was made of fine and smooth asphalt, free from
obstructions on the road such as potholes or excavations. Moreover, the highway was going a little bit downward, more
particularly from the first curve to the place of incident. Hence, it was easier and faster to traverse a distance of 20 to 25
meters which was the approximate aggregate distance from the first elements up to the 22nd or 23rd elements of the
columns.
3. The weight of each of the trainees (the average of which could be 50 kilograms only) could hardly make an impact on
the 3,900 kilograms truck, which was moving at a speed ranging from 60 to 70 kilometers per hour.

4. Considering that the width of the truck from the right to the left tires was wide and the under chassis was elevated,
the truck could just pass over two persons lying flat on the ground without its rubber tires running over the bodies. Thus,
GLENN would not notice any destabilization of the rubber tires.

5. Since the police trainees were jogging in the same direction as the truck was proceeding, the forward movements
constituted a force parallel to the momentum of the forward-moving truck such that there was even much lesser force
resisting the said ongoing momentum.

It is a well-entrenched rule that if the inculpatory facts are capable of two or more explanations -- one consistent with
the innocence or lesser degree of liability of the accused, and the other consistent with his guilt or graver responsibility --
the Court should adopt the explanation which is more favorable to the accused. [19]

We are convinced that the incident, tragic though it was in light of the number of persons killed and seriously injured,
was an accident and not an intentional felony. It is significant to note that there is no shred of evidence that GLENN had
an axe to grind against the police trainees that would drive him into deliberately hitting them with intent to kill.

Although proof of motive is not indispensable to a conviction especially where the assailant is positively identified, such
proof is, nonetheless, important in determining which of two conflicting theories of the incident is more likely to be true.
[20]
Thus, in People v. Godinez,[21]this Court said that the existence of a motive on the part of the accused becomes
decisive in determining the probability or credibility of his version that the shooting was purely accidental.

Neither is there any showing of a political angle of a leftist-sponsored massacre of police elements disguised in a
vehicular accident.[22] Even if there be such evidence, i.e., that the motive of the killing was in furtherance of a rebellion
movement, GLENN cannot be convicted because if such were the case, the proper charge would be rebellion, and not
murder.[23]

GLENNs offense is in failing to apply the brakes, or to swerve his vehicle to the left or to a safe place the moment he
heard and felt the first bumping thuds. Had he done so, many trainees would have been spared.

We have once said:

A man must use common sense, and exercise due reflection in all his acts; it is his duty to be cautious, careful, and
prudent, if not from instinct, then through fear of incurring punishment. He is responsible for such results as anyone
might foresee and for acts which no one would have performed except through culpable abandon. Otherwise his own
person, rights and property, and those of his fellow-beings, would ever be exposed to all manner of danger and injury. [24]

The test for determining whether a person is negligent in doing an act whereby injury or damage results to the person or
property of another is this: Could a prudent man, in the position of the person to whom negligence is attributed, foresee
harm to the person injured as a reasonable consequence of the course actually pursued? If so, the law imposes a duty on
the actor to refrain from that course or to take precautions to guard against its mischievous results, and the failure to do
so constitutes negligence. Reasonable foresight of harm, followed by the ignoring of the admonition born of this
prevision, is always necessary before negligence can be held to exist. [25]

GLENN showed an inexcusable lack of precaution. Article 365 of the Revised Penal Code states that reckless imprudence
consists in voluntarily, but without malice, doing or failing to do an act from which material damage results by reason of
inexcusable lack of precaution on the part of the person performing or failing to perform such act, taking into
consideration (1) his employment or occupation; (2) his degree of intelligence; (4) his physical condition; and (3) other
circumstances regarding persons, time and place.
GLENN, being then a young college graduate and an experienced driver, should have known to apply the brakes or
swerve to a safe place immediately upon hearing the first bumping thuds to avoid further hitting the other trainees. By
his own testimony, it was established that the road was slippery and slightly going downward; and, worse, the place of
the incident was foggy and dark. He should have observed due care in accordance with the conduct of a reasonably
prudent man, such as by slackening his speed, applying his brakes, or turning to the left side even if it would mean
entering the opposite lane (there being no evidence that a vehicle was coming from the opposite direction). It is highly
probable that he was driving at high speed at the time. And even if he was driving within the speed limits, this did not
mean that he was exercising due care under the existing circumstances and conditions at the time.

Considering that the incident was not a product of a malicious intent but rather the result of a single act of reckless
driving, GLENN should be held guilty of the complex crime of reckless imprudence resulting in multiple homicide with
serious physical injuries and less serious physical injuries.

Article 48 of the Revised Penal Code provides that when the single act constitutes two or more grave or less grave
felonies, or when an offense is a necessary means for committing the other, the penalty for the most serious crime shall
be imposed, the same to be applied in its maximum period. Since Article 48 speaks of felonies, it is applicable to crimes
through negligence in view of the definition of felonies in Article 3 as acts or omissions punishable by law committed
either by means of deceit (dolo) or fault (culpa).[26] In Reodica v. Court of Appeals,[27] we ruled that if a reckless,
imprudent, or negligent act results in two or more grave or less grave felonies, a complex crime is committed. Thus,
in Lapuz v. Court of Appeals,[28] the accused was convicted, in conformity with Article 48 of the Revised Penal Code, of the
complex crime of homicide with serious physical injuries and damage to property through reckless imprudence, and was
sentenced to a single penalty of imprisonment, instead of the two penalties imposed by the trial court. Also, in Soriao v.
Court of Appeals,[29] the accused was convicted of the complex crime of multiple homicide with damage to property
through reckless imprudence for causing a motor boat to capsize, thereby drowning to death its twenty-eight
passengers.

The slight physical injuries caused by GLENN to the ten other victims through reckless imprudence, would, had they been
intentional, have constituted light felonies. Being light felonies, which are not covered by Article 48, they should be
treated and punished as separate offenses. Separate informations should have, therefore, been filed.

It must be noted that only one information (for multiple murder, multiple frustrated murder and multiple attempted
murder) was filed with the trial court. However, nothing appears in the record that GLENN objected to the multiplicity of
the information in a motion to quash before his arraignment. Hence, he is deemed to have waived such defect. [30] Under
Section 3, Rule 120 of the Rules of Court, when two or more offenses are charged in a single complaint or information
and the accused fails to object to it before trial, the court may convict the accused of as many offenses as are charged
and proved, and impose on him the penalty for each of them.

Now, we come to the penalty. Under Article 365 of the Revised Penal Code, any person who, by reckless imprudence,
shall commit any act which, had it been intentional, would constitute a grave felony shall suffer the penalty of arresto
mayor in its maximum period to prision correccional in its medium period; and if it would have constituted a light felony,
the penalty of arresto menor in its maximum period shall be imposed. The last paragraph thereof provides that the
penalty next higher in degree shall be imposed upon the offender who fails to lend on the spot to the injured parties
such help as may be in his hand to give. This failure to render assistance to the victim, therefore, constitutes a qualifying
circumstance because the presence thereof raises the penalty by one degree. [31] Moreover, the fifth paragraph thereof
provides that in the imposition of the penalty, the court shall exercise its sound discretion without regard to the rules
prescribed in Article 64. Elsewise stated, in felonies through imprudence or negligence, modifying circumstances need
not be considered in the imposition of the penalty. [32]
In the case at bar, it has been alleged in the information and proved during the trial that GLENN escaped from the scene
of the incident, leaving behind the victims. It being crystal clear that GLENN failed to render aid to the victims, the
penalty provided for under Article 365 shall be raised by one degree. Hence, for reckless imprudence resulting in
multiple homicide with serious physical injuries and less serious physical injuries, the penalty would be prision
correccional in its maximum period to prision mayor in its medium period. Applying Article 48, the maximum of said
penalty, which is prision mayor in its medium period, should be imposed. For the separate offenses of reckless
imprudence resulting in slight physical injuries, GLENN may be sentenced to suffer, for each count, the penalty of arresto
mayor in its minimum period.

Although it was established through the testimonies of prosecution witness Lemuel Pangca [33] and of GLENN that the
latter surrendered to Governor Emano of Misamis Oriental, such mitigating circumstance need not be considered
pursuant to the aforestated fifth paragraph of Article 365.

Under the Indeterminate Sentence Law, GLENN may be sentenced to suffer an indeterminate penalty whose minimum is
within the range of the penalty next lower in degree to that prescribed for the offense, and whose maximum is that
which could properly be imposed taking into account the modifying circumstances. Hence, for the complex crime of
reckless imprudence resulting in multiple homicide with serious physical injuries and less serious physical injuries,
qualified by his failure to render assistance to the victims, he may be sentenced to suffer an indeterminate penalty
ranging from arresto mayor in its maximum period to prision correccional in its medium period, as minimum, to prision
mayor in its medium period, as maximum. As to the crimes of reckless imprudence resulting in slight physical injuries,
since the maximum term for each count is only two months the Indeterminate Sentence Law will not apply.

As far as the award of damages is concerned, we find a necessity to modify the same. Conformably with current
jurisprudence,[34] we reduce the trial courts award of death indemnity from P75,000 to P50,000 for each group of heirs of
the trainees killed. Likewise, for lack of factual basis, we delete the awards of P30,000 to each of those who suffered
serious physical injuries and of P10,000 to each of those who suffered minor physical injuries.

WHEREFORE, the decision of the Regional Trial Court, Branch 38, Cagayan de Oro City, is hereby SET ASIDE, and another
one is rendered holding herein accused-appellant GLENN DE LOS SANTOS guilty beyond reasonable doubt of (1) the
complex crime of reckless imprudence resulting in multiple homicide with serious physical injuries and less serious
physical injuries, and sentencing him to suffer an indeterminate penalty of four (4) years of prision correccional,
as minimum, to ten (10) years of prision mayor, as maximum; and (2) ten (10) counts of reckless imprudence resulting in
slight physical injuries and sentencing him, for each count, to the penalty of two (2) months of arresto
mayor. Furthermore, the awards of death indemnity for each group of heirs of the trainees killed are reduced to
P50,000; and the awards in favor of the other victims are deleted. Costs against accused-appellant.

SO ORDERED.
A.M. No. 801 June 27, 1978

CESARIO ADARNE, complainant,

CONCEPCION JR., J.:

Administrative action against the respondent attorney for gross negligence and misconduct, for failure to give his entire
devotion to the interest of his client, warm zeal in the . maintenance and defense of his rights, and exertion of his utmost
learning and ability in the prosecution and defense of his client, and for not taking steps to protect the interests of his
client in the face of an adverse decision.

The record shows that sometime in 1958, Raymunda Cumpio and her husband, Rufo Cumpio, filed an action for forcible
entry against herein complaint Cesario Adarne, Aning Arante, and Miguel Inokando with the Justice of the Peace of
Alang-alang Leyte. The case was docketed in the said court as Civil Case No. 96. Atty. Isauro Marmita represented the
defendants who raised the issue of ownership of the land in question. After hearing the parties, the Justice of the Peace
dismissed the complaint for lack of jurisdiction. Consequently, the plaintiffs therein appealed to the Court of First
Instance of Leyte and the case was assigned to Branch VI of Carigara, where it was docketed as Civil Case No. 556.
Resolving the issue interposed by the appellants, the Judge of the Court of First Instance found that the Justice of the
Peace Court has jurisdiction over the case and returned the same to the lower court for trial on the merits. After trial on
the merits, the Justice of the Peace again dismissed the case and the plaintiffs again appealed to the Court of First
Instance of Leyte where the case was docketed anew as Civil Case No, 632. Attys. Arturo Mirales and Generoso Casimpan
filed the answer for the defendants. 1

At the hearing of the case on August 7, 1961, the herein complainant Cesario Adarne, one of the defendants in the
aforementioned Civil Case No. 632, noting that his attorneys had not yet arrived, prevailed upon the respondent Atty.
Damian Aldaba, who was then present in court to attend the trial of an electoral case, to appear as counsel for them and
ask for the Postponement of the trial. The respondent, who is a third degree cousin of the complainant, agreed, and
entered a special appearance. Upon noticing that the plaintiffs and their counsel were not also present in court, the
respondent, instead of asking for a postponement, moved for the dismissal of the case. "is motion was granted and the
case was again dismissed. Thereafter, the plaintiff filed a motion for the reconsideration of the order, 2 to which the
respondent filed an opposition in behalf of the defendants, 3 and the motion was denied. 4Whereupon, the plaintiffs
appealed to the Court of Appeals. After appropriate. proceedings, the appellee court set aside the order of dismissal and
remanded the case to the lower court for further proceedings.

At the hearing of the case on October 23, 1964 before the Court of First Instance of Leyte, the respondent was again
prevailed upon by the complainant to appear in his behalf. The respondent entered a "special appearance" for the
complainant and thereafter argued that the interest of justice would best be served of the defendants were allowed to
file an action for quieting of title and the case heard jointly with the pending action for forcible entry. Finding merit in the
argument, the court ordered the defendant Cesario Adarne to file an action for quieting of title within one (1) week and
the plaintiffs to answer the same within the reglementary period, after which both cases would be tried jointly. The
hearing was deferred until after the filing of the action for quieting of title. 5

On June 17, 1965, the court declared the defendants in default for their failure to appeal at the hearing set for that day
and directed the plaintiffs to present evidence to support their claim. 6 On September 17, 1965, the court rendered a
decision and a writ of execution was issued thereafter. 7
Because of this, Cesario Adarne filed the present complaint against the respondent Atty. Damian V. Aldaba on August 3,
1967, praying:

Dahil dito, isinusumbong ko po ang aking Abogado ng "Mal practice" pabaya at pahamak sa kliente at sinisingil ko po siya
ng pinsala katumbas sa sinisingil sa kin ng akin kalaban. O kaya lakarin niya na mapigil and decision ng Hukom sa C.F.I. at
ulitin and hearing sa Forcible Entry. Kung hindi niya magagawa ito, ipinauubaya ko na po sa kataas taasan Hukoman and
paglapat ng parusa. Sapagkat kung hindi p susugpo-in and masamang gawa naito ng mga ibang abogado na nabibili,
lalala and sakit naito sa profession ng mga abogado, at lilikha ng maraming api, at habang naghahari and pang-aapi,
lalaganap and kriminalidad ng walang tigil, at walang katahimikan ang ating Demukrasya, at kung magkakagayon ang mga
mamamayan at sapilitan sa kumunista sasamba.

The respondent denied that he ever had any agreement with the complainant with respect to the handling of the latter's
case in the Court of First Instance of Leyte, Carigara Branch, except for the "special appearance" that he entered for the
complainant on August 7, 1961 and October 23, 1964, in view of the non-availability of the complainant's lawyers on said
dates.

The case referred to the Solicitor General for investigation, report and recommendation, 8 after which a complaint for the
disbarment of the respondent attorney was filed. 9

The judgment by default rendered against the complainant cannot be attributed to the respondent attorney. The blame
lies with the complainant for having engaged the services of several lawyers to handle his case without formally
withdrawing the authority he had given to them to appear in his behalf as to place the responsibility upon the
respondent. To add to the confusion, the complainant had also requested the clerk of court of the Court of First Instance
of Leyte that he (complainant) be furnished with summons and subpoena accorded to him. 10 He also filed a motion by
himself, 11 thus implying that he was handling his case personally.

It appears that there have been three changes made of the attorneys for the complainant in the forcible entry case. The
complainant was originally represented by Atty. Isauro Marmita who, upon his appointment to the Department of Labor,
engaged Atty. de Veyra to take his place. 12 Then came Atty. Arturo Mirales and later, Atty. Generoso Casimpan. However,
no formalities whatever were observed in those changes such that the respondent entered a "special appearance" for
the complainant in order that he could ask for the dismissal of the case for the failure of the adverse party to prosecute.
The rule followed on matters of substitution of attorneys as laid down by this Court is that no substitution of attorneys
will be allowed unless there be filed: (1) a written application for such substitution; (2) the written consent of the client;
(3) the written consent of the attorney substituted; and (4) in case such written consent can not be secured, there must
be filed with the application proof of service of notice of such motion upon the attorney to be substituted, in the manner
prescribed by the rules. Unless the foregoing formalities are complied with, substitution will not be permitted, and the
attorney who properly appeared last in the cause, before such application for substitution, will be regarded as the
attorney of record and will be held responsible for the proper conduct of the cause. 13

Besides, the respondent honestly believed that he had appeared for the complainant only for a special purpose and that
the complainant had agreed to contact his attorney of record to handle his case after the hearing of October 23, 1964, so
that he did nothing more about it. 14 It was neither gross negligence nor omission to have entertained such belief. An
attorney is not bound to exercise extraordinary diligence, but only a reasonable degree of care and skill, having reference
to the character of the business he undertakes to do. Prone to err like any other human being, he is not answerable for
every error or mistake, and will be protected as long as he acts honestly and in good faith to the best of his skill and
knowledge.

It is well settled that in disbarment proceedings, the burden of proof rests upon the complainant and for the Court to
exercise its disciplinary powers, the case against the respondent attorney must be established by convincing proof. In the
instant case, there is no sufficient proof to warrant the disbarment of the respondent attorney. Neither is there culpable
malpractice to justify his suspension.

WHEREFORE, the present administrative complaint is hereby DISMISSED. SO ORDERED.

G.R. No. L-9671 August 23, 1957

CESAR L. ISAAC, plaintiff-appellant,

Angel S. Gamboa for appellant.

BAUTISTA ANGELO, J.:

A. L. Ammen Transportation Co., Inc., hereinafter referred to as defendant, is a corporation engaged in the business of
transporting passengers by land for compensation in the Bicol provinces and one of the lines it operates is the one
connecting Legaspi City, Albay with Naga City, Camarines Sur. One of the buses which defendant was operating is Bus No.
31. On May 31, 1951, plaintiff boarded said bus as a passenger paying the required fare from Ligao, Albay bound for Pili,
Camarines Sur, but before reaching his destination, the bus collided with a motor vehicle of the pick-up type coming from
the opposite direction, as a result of which plaintiff's left arm was completely severed and the severed portion fell inside
the bus. Plaintiff was rushed to a hospital in Iriga, Camarines Sur where he was given blood transfusion to save his life.
After four days, he was transferred to another hospital in Tabaco, Albay, where he under went treatment for three
months. He was moved later to the Orthopedic Hospital where he was operated on and stayed there for another two
months. For these services, he incurred expenses amounting to P623.40, excluding medical fees which were paid by
defendant.

As an aftermath, plaintiff brought this action against defendants for damages alleging that the collision which resulted in
the loss of his left arm was mainly due to the gross incompetence and recklessness of the driver of the bus operated by
defendant and that defendant incurred in culpa contractual arising from its non-compliance with its obligation to
transport plaintiff safely to his, destination. Plaintiff prays for judgment against defendant as follows: (1) P5,000 as
expenses for his medical treatment, and P3,000 as the cost of an artificial arm, or a total of P8,000; (2) P6,000
representing loss of earning; (3) P75,000 for diminution of his earning capacity; (4) P50,000 as moral damages; and (5)
P10,000 as attorneys' fees and costs of suit.

Defendant set up as special defense that the injury suffered by plaintiff was due entirely to the fault or negligence of the
driver of the pick-up car which collided with the bus driven by its driver and to the contributory negligence of plaintiff
himself. Defendant further claims that the accident which resulted in the injury of plaintiff is one which defendant could
not foresee or, though foreseen, was inevitable.

The after trial found that the collision occurred due to the negligence of the driver of the pick-up car and not to that of
the driver of the bus it appearing that the latter did everything he could to avoid the same but that notwithstanding his
efforts, he was not able to avoid it. As a consequence, the court dismissed complaint, with costs against plaintiff. This is
an appeal from said decision.

It appears that plaintiff boarded a bus of defendant as paying passenger from Ligao, Albay, bound for Pili, Camarines Sur,
but before reaching his destination, the bus collided with a pick-up car which was coming from the opposite direction
and, as a, result, his left arm was completely severed and fell inside the back part of the bus. Having this background in
view, and considering that plaintiff chose to hold defendant liable on its contractual obligation to carry him safely to his
place of destination, it becomes important to determine the nature and extent of the liability of a common carrier to a
passenger in the light of the law applicable in this jurisdiction.

In this connection, appellant invokes the rule that, "when an action is based on a contract of carriage, as in this case, all
that is necessary to sustain recovery is proof of the existence of the contract of the breach thereof by act or omission",
and in support thereof, he cites several Philippine cases. 1 With the ruling in mind, appellant seems to imply that once the
contract of carriage is established and there is proof that the same was broken by failure of the carrier to transport the
passenger safely to his destination, the liability of the former attaches. On the other hand, appellee claims that is a
wrong presentation of the rule. It claims that the decisions of this Court in the cases cited do not warrant the
construction sought to be placed upon, them by appellant for a mere perusal thereof would show that the liability of the
carrier was predicated not upon mere breach of its contract of carriage but upon the finding that its negligence was
found to be the direct or proximate cause of the injury complained of. Thus, appellee contends that "if there is no
negligence on the part of the common carrier but that the accident resulting in injuries is due to causes which are
inevitable and which could not have been avoided or anticipated notwithstanding the exercise of that high degree of
care and skill which the carrier is bound to exercise for the safety of his passengers", neither the common carrier nor the
driver is liable therefor.

We believe that the law concerning the liability of a common carrier has now suffered a substantial modification in view
of the innovations introduced by the new Civil Code. These innovations are the ones embodied in Articles 1733, 1755
and 1756 in so far as the relation between a common carrier and its passengers is concerned, which, for ready reference,
we quote hereunder:

ART. 1733. Common carriers, from the nature of their business and for reasons of public policy, are bound to observe
extra ordinary diligence in the vigilance over the goods and for the safety of the passengers transported by them
according to all the circumstances of each case.

Such extraordinary diligence in the vigilance over the goods is further expressed in articles 1734, 1735, and 1745, Nos. 5,
6, and 7, while the extraordinary diligence for the safety of the passengers is further set forth in articles 1755 and 1756.

ART. 1755. A common carrier is bound to carry the passengers safely as far as human care and foresight can provide,
using the utmost diligence of very cautious persons, with a due regard for all the circumstances.

ART. 1756. In case of death of or injuries to passengers, common carriers are presumed to have been at fault or to have
acted negligently, unless they prove that they observed extraordinary diligence as prescribed in articles 1733 and 1755.

The Code Commission, in justifying this extraordinary diligence required of a common carrier, says the following:

A common carrier is bound to carry the passengers safely as far as human care and foresight can provide, using the
utmost deligence of very cautions persons, with due regard for all circumstances. This extraordinary diligence required of
common carriers is calculated to protect the passengers from the tragic mishaps that frequently occur in connection with
rapid modern transportation. This high standard of care is imperatively demanded by the precariousness of human life
and by the consideration that every person must in every way be safeguarded against all injury. (Report of the Code
Commission, pp. 35-36)" (Padilla, Civil Code of the Philippines, Vol. IV, 1956 ed., p. 197).

From the above legal provisions, we can make the following restatement of the principles governing the liability of a
common carrier: (1) the liability of a carrier is contractual and arises upon breach of its obligation. There is breach if it
fails to exert extraordinary diligence according to all circumstances of each case; (2) a carrier is obliged to carry its
passenger with the utmost diligence of a very cautious person, having due regard for all the circumstances; (3) a carrier is
presumed to be at fault or to have acted negligently in case of death of, or injury to, passengers, it being its duty to prove
that it exercised extraordinary diligence; and (4) the carrier is not an insurer against all risks of travel.
The question that now arises is: Has defendant observed extraordinary diligence or the utmost diligence of every
cautious person, having due regard for all circumstances, in avoiding the collision which resulted in the injury caused to
the plaintiff?

After examining the evidence in connection with how the collision occurred, the lower court made the following finding:

Hemos examinado muy detenidamente las pruebas presentadas en la vista, principalmente, las declaraciones que hemos
acotado arriba, y hernos Ilegado a la conclusion de que el demandado ha hecho, todo cuanto estuviere de su parte para
evitar el accidente, pero sin embargo, no ha podido evitarlo.

EI hecho de que el demandado, antes del choque, tuvo que hacer pasar su truck encima de los montones de grava que
estaban depositados en la orilla del camino, sin que haya ido mas alla, por el grave riesgo que corrian las vidas de sus
pasajeros, es prueba concluyente de lo que tenemos dicho, a saber: que el cuanto esuba de su parte, para evitar el
accidente, sin que haya podidoevitardo, por estar fuera de su control.

The evidence would appear to support the above finding. Thus, it appears that Bus No. 31, immediately prior to the
collision, was running at a moderate speed because it had just stopped at the school zone of Matacong, Polangui, Albay.
The pick-up car was at full speed and was running outside of its proper lane. The driver of the bus, upon seeing the
manner in which the pick-up was then running, swerved the bus to the very extreme right of the road until its front and
rear wheels have gone over the pile of stones or gravel situated on the rampart of the road. Said driver could not move
the bus farther right and run over a greater portion of the pile, the peak of which was about 3 feet high, without
endangering the safety of his passengers. And notwithstanding all these efforts, the rear left side of the bus was hit by
the pick-up car.

Of course, this finding is disputed by appellant who cannot see eye to eye with the evidence for the appellee and insists
that the collision took place because the driver of the bus was going at a fast speed. He contends that, having seen that a
car was coming from the opposite direction at a distance which allows the use of moderate care and prudence to avoid
an accident, and knowing that on the side of the road along which he was going there was a pile of gravel, the driver of
the bus should have stopped and waited for the vehicle from the opposite direction to pass, and should have proceeded
only after the other vehicle had passed. In other words, according to appellant, the act of the driver of the bus in
squeezing his way through of the bus in squeezing his way through between the oncoming pick-up and the pile of gravel
under the circumstances was considered negligent.

But this matter is one of credibility and evaluation of the evidence. This is evidence. This is the function of the trial court.
The trial court has already spoken on this matter as we have pointed out above. This is also a matter of appreciation of
the situation on the part of the driver. While the position taken by appellant appeals more to the sense of caution that
one should observe in a given situation to avoid an accident or mishap, such however can not always be expected from
one who is placed suddenly in a predicament where he is not given enough time to take the course of action as he
should under ordinary circumstances. One who is placed in such a predicament cannot exercise such coolness or
accuracy of judgment as is required of him under ordinary circumstances and he cannot therefore be expected to
observe the same judgment, care and precaution as in the latter. For this reason, authorities abound where failure to
observe the same degree of care that as ordinary prudent man would exercise under ordinary circumstances when
confronted with a sadden emergency was held to be warranted and a justification to exempt the carrier from liability.
Thus, it was held that "where a carrier's employee is confronted with a sudden emergency, the fact that he is obliged to
act quickly and without a chance for deliberation must be taken into account, and he is held to the some degree of care
that he would otherwise be required to exercise in the absence of such emergency but must exercise only such care as
any ordinary prudent person would exercise under like circumstances and conditions, and the failure on his part to
exercise the best judgement the case renders possible does not establish lack of care and skill on his part which renders
the company, liable. . . . (13 C. J. S., 1412; 10 C. J.,970). Considering all the circumstances, we are persuaded to conclude
that the driver of the bus has done what a prudent man could have done to avoid the collision and in our opinion this
relieves appellee from legibility under our law.

A circumstances which miliates against the stand of appellant is the fact borne out by the evidence that when he
boarded the bus in question, he seated himself on the left side thereof resting his left arm on the window sill but with his
left elbow outside the window, this being his position in the bus when the collision took place. It is for this reason that
the collision resulted in the severance of said left arm from the body of appellant thus doing him a great damage. It is
therefore apparent that appellant is guilty of contributory negligence. Had he not placed his left arm on the window sill
with a portion thereof protruding outside, perhaps the injury would have been avoided as is the case with the other
passenger. It is to be noted that appellant was the only victim of the collision.

It is true that such contributory negligence cannot relieve appellee of its liability but will only entitle it to a reduction of
the amount of damage caused (Article 1762, new Civil Code), but this is a circumstance which further militates against
the position taken by appellant in this case.

It is the prevailing rule that it is negligence per se for a passenger on a railroad voluntarily or inadvertently to protrude
his arm, hand, elbow, or any other part of his body through the window of a moving car beyond the outer edge of the
window or outer surface of the car, so as to come in contact with objects or obstacles near the track, and that no
recovery can be had for an injury which but for such negligence would not have been sustained. (10 C. J. 1139)

Plaintiff, (passenger) while riding on an interurban car, to flick the ashes, from his cigar, thrust his hand over the guard rail
a sufficient distance beyond the side line of the car to bring it in contact with the trunk of a tree standing beside the
track; the force of the blow breaking his wrist. Held, that he was guilty of contributory negligence as a matter of law.
(Malakia vs. Rhode Island Co., 89 A., 337.)

Wherefore, the decision appealed from is affirmed, with cost against appellant.
[G.R. No. 126074. February 24, 1998]

RIDJO TAPE & CHEMICAL CORP. and RIDJO PAPER CORPORATION, petitioners, vs. HON. COURT OF APPEALS, MANILA
ELECTRIC CO., HON. PRESIDING JUDGE, Branch 104-REGIONAL TRIAL COURT OF QUEZON CITY, respondents.

ROMERO, J.:

Before us is a petition to review the decision [1] of the Court of Appeals which reversed that of the Regional Trial Court of
Quezon City, Branch 104 in Civil Case Nos. Q-92-13845 and Q-92-13879 ordering petitioners to pay private respondent
Manila Electric Co. (MERALCO) the amount of P415,317.66 and P89,710.58 plus the costs of suit. This petition involves
the two cases filed by petitioners which were eventually consolidated.

Civil Case No. Q-92-13845:

On November 16, 1990, petitioners applied for and was granted electric service by MERALCO. Ten months later, however,
or on September 4, 1991, petitioners received a letter from MERALCO demanding payment of P415,317.66, allegedly
representing unregistered electric consumption for the period November 7, 1990, to February 13, 1991. MERALCO
justified its demand on the ground that the unregistered electric consumption was due to the defects of the electric
meter located in the premises of petitioners.

Since petitioners refused to pay the amount, MERALCO notified them that in the event the overdue account remained
unpaid, it would be forced to disconnect their electricity. Alarmed by this development, petitioners, instead of settling
the amount, filed on October 29, 1992 a case before Branch 98 of the Quezon City RTC for the issuance of a writ of
preliminary injunction and/or temporary restraining order to forestall any planned disconnection by MERALCO.

On November 19, 1992, the trial court granted the prayer for preliminary injunction.

Civil Case No. 13879:

On July 30, 1992, petitioners received another demand letter from MERALCO, this time requiring them to pay the
amount of P89,710.58 representing the unregistered electric consumption for the period July 15, 1991 to April 13, 1992,
the deficiency again due to the defective meter installed in petitioners compound.

MERALCOs demand having remained unheeded, petitioners were advised that their electric service would be
disconnected without further notice. Hence, on November 5, 1992, petitioners filed a case before Branch 104 of the
Quezon City RTC, seeking to enjoin MERALCO from implementing the suspension of electric service.

Thereafter, on November 9, 1992, petitioners filed a motion for the consolidation of the two cases, which was granted,
resulting in the joint trial of said cases before Branch 104 of the Quezon City RTC.

On November 27, 1992, the trial court issued the corresponding preliminary injunction.

After due trial, the lower court rendered a decision, the dispositive portion of which reads:

WHEREFORE, judgment is hereby rendered in this case in favor of the plaintiff(s) and against the defendants:

1. Making the Injunction permanent, enjoining the defendants in both cases, and all their subordinates, legal
representatives, electric meter readers and technicians from committing acts of dispossession/disruption of electric
power on the subject premises located at the compound of Ridjo Tape and Chemical Corporation and Ridjo Paper
Corporation located at 64 and 68 Judge Juan Luna St., San Francisco del Monte, Quezon City.

2. Ordering defendants to pay the cost of suit.

Defendants counterclaim on (the) two cases are (sic) denied for lack of merit.
MERALCO appealed to the Court of Appeals which, on January 22, 1996, reversed the trial courts finding, to wit:

WHEREFORE, the appealed judgment is REVERSED; and appellees Ridjo Tape and Chemical Corporation and Ridjo Paper
Corporation are hereby ordered to pay subject differential billings of P415,317.66 and P89,710.58, respectively. Costs
against the appellees.[2]

Aggrieved, petitioners filed a motion for reconsideration, which was denied by the Court of Appeals in a resolution dated
August 14, 1996.[3] Hence, this petition.

From the pleadings filed by the parties, it can be deduced that the only issue to be resolved is whether petitioners,
despite the absence of evidence of tampering, are liable to pay for the unregistered electrical service.

For a better understanding of the two cases, the terms and conditions of the Service Agreement regarding payments are
reproduced:

PAYMENTS

Bills will be rendered by the Company to the Customer monthly in accordance with the applicable rate schedule. Said
Bills are payable to collectors or at the main or branch offices of the Company or at its authorized banks within ten (10)
days after the regular reading date of the electric meters. The word month as used herein and in the rate schedule is
hereby defined to be the elapsed time between two succeeding meter readings approximately thirty (30) days apart. In
the event of the stoppage or the failure by any meter to register the full amount of energy consumed, the Customer shall
be billed for such period on an estimated consumption based upon his use of energy in a similar period of like use .
(Underscoring supplied)

In disclaiming any liability, petitioners assert that the phrase stoppage or failure by any meter to register the full amount
of energy consumed can only refer to tampering on the part of the customer and not mechanical failure or defects.
[4]
MERALCO, on the other hand, argues that to follow the interpretation advanced by petitioners would constitute an
unjust enrichment in favor of its customers.[5]

Evidently, the Service Contract between petitioners and MERALCO partakes of the nature of a contract of adhesion as it
was prepared solely by the latter, the only participation of the former being that they affixed or adhered their signature
thereto,[6] thus, leaving no room for negotiation and depriving petitioners of the opportunity to bargain on equal footing.
[7]
Nevertheless, these types of contracts have been declared to be binding as ordinary contracts because the party
adhering thereto is free to reject it in its entirety. [8]

Being an ordinary contract, therefore, the principle that contracting parties can make stipulations in their contract
provided they are not contrary to law, morals, good customs, public order or public policy, stands strong and true. [9] To be
sure, contracts are respected as laws between the contracting parties, and they may establish such stipulations, clauses,
terms and conditions as they may want to include. [10] Since both parties offered conflicting interpretations of the
stipulation, however, then judicial determination of the parties intention is mandated. [11] In this regard, it must be
stressed that in construing a written contract, the reason behind and the circumstances surrounding its execution are of
paramount importance to place the interpreter in the situation occupied by the parties concerned at the time the writing
was executed.[12]

With these pronouncement as parameters, and considering the circumstances of the parties, we are constrained to
uphold MERALCOs interpretation.

At this juncture, we hasten to point out that the production and distribution of electricity is a highly technical business
undertaking,[13] and in conducting its operation, it is only logical for public utilities, such as MERALCO, to employ
mechanical devices and equipment for the orderly pursuit of its business.
It is to be expected that the parties were consciously aware that these devices or equipment are susceptible to defects
and mechanical failure. Hence, we are not prepared to believe that petitioners were ignorant of the fact that stoppages
in electric meters can also result from inherent defects or flaws and not only from tampering or intentional mishandling.

Clearly, therefore, the rationale of the provision in the Service Agreement was primarily to cover situations similar to the
instant case, for there are instances when electric meters do fail to record the quantity of the current used for whatever
reason.[14] It is precisely this kind of predicament that MERALCO seeks to protect itself from so as to avert business losses
or reverses. It must be borne in mind that construction of the terms of a contract which would amount to impairment or
loss of right is not favored; conservation and preservation, not waiver, abandonment or forfeiture of a right, is the rule.
[15]
Since MERALCO supplied electricity to petitioners for a fee, no intent to donate the same can be gleaned from the
terms of the Agreement. Hence, the stipulation must be upheld.

Corollarily, it must be underscored that MERALCO has the imperative duty to make a reasonable and proper inspection of
its apparatus and equipment to ensure that they do not malfunction, [16] and the due diligence to discover and repair
defects therein. Failure to perform such duties constitutes negligence. [17]

A review of the records, however, discloses that the unpaid charges covered the periods from November 7, 1990 to
February 13, 1991 for Civil Case No. Q-92-13045 and from July 15, 1991 to April 13, 1992 for Civil Case No. 13879,
approximately three months and nine months, respectively. On such basis, we take judicial notice that during those
periods, personnel representing MERALCO inspected and examined the electric meters of petitioners regularly for the
purpose of determining the monthly dues payable. So, why were these defects not detected and reported on time?

It has been held that notice of a defect need not be direct and express; it is enough that the same had existed for such a
length of time that it is reasonable to presume that it had been detected, [18] and the presence of a conspicuous defect
which has existed for a considerable length of time will create a presumption of constructive notice thereof. [19] Hence,
MERALCOs failure to discover the defect, if any, considering the length of time, amounts to inexcusable
negligence. Furthermore, we need not belabor the point that as a public utility, MERALCO has the obligation to discharge
its functions with utmost care and diligence.

Accordingly, we are left with no recourse but to conclude that this is a case of negligence on the part of MERALCO for
which it must bear the consequences. Its failure to make the necessary repairs and replacement of the defective electric
meter installed within the premises of petitioners was obviously the proximate cause of the instant dispute between the
parties.

Indeed, if an unusual electric consumption was not reflected in the statements of account of petitioners, MERALCO,
considering its technical knowledge and vast experience in providing electric service, could have easily verified any
possible error in the meter reading. In the absence of such a mistake, the electric meters themselves should be inspected
for possible defects or breakdowns and forthwith repaired and, if necessary, replaced. Furthermore, if MERALCO
discovered that contraptions or illegal devices were installed which would alter the result of the meter reading, then it
should have filed the appropriate criminal complaint against petitioners under Presidential Decree No. 401. [20]

The rationale behind this ruling is that public utilities should be put on notice, as a deterrent, that if they completely
disregard their duty of keeping their electric meters in serviceable condition, they run the risk of forfeiting, by reason of
their negligence, amounts originally due from their customers. Certainly, we cannot sanction a situation wherein the
defects in the electric meter are allowed to continue indefinitely until suddenly the public utilities concerned demand
payment for the unrecorded electricity utilized when, in the first place, they should have remedied the situation
immediately. If we turn a blind eye on MERALCOs omission, it may encourage negligence on the part of public utilities, to
the detriment of the consuming public.
In view of the foregoing discussion, the liability of petitioners for consumed but unrecorded electricity must be limited by
reason of MERALCOs negligence. Hence, an equitable solution would be for petitioners to pay only the estimated
consumption on a three-month average before the period in controversy. To hold otherwise would unjustly enrich
petitioners who would be allowed to utilize additional electricity, albeit unrecorded, at no extra cost.

To summarize, it is worth emphasizing that it is not our intention to impede or diminish the business viability of
MERALCO, or any public utility company for that matter. On the contrary, we would like to stress that, being a public
utility vested with vital public interest, MERALCO is impressed with certain obligations towards its customers and any
omission on its part to perform such duties would be prejudicial to its interest. For in the final analysis, the bottom line is
that those who do not exercise such prudence in the discharge of their duties shall be made to bear the consequences of
such oversight.

WHEREFORE, in view of the foregoing, the decision of the Court of Appeals in CA-G.R. CV No. 44010 is hereby
MODIFIED. Petitioners are ordered to pay MERALCO the amount P168,342.75, representing its average electric
consumption three months prior to the period in controversy. [21] No costs.

SO ORDERED.
G.R. No. L-10126 October 22, 1957

SALUD VILLANUEVA VDA. DE BATACLAN and the minors NORMA, LUZVIMINDA, ELENITA, OSCAR and ALFREDO BATACLAN,
represented by their Natural guardian, SALUD VILLANUEVA VDA. DE BATACLAN, plaintiffs-appellants,
vs.
MARIANO MEDINA, defendant-appellant.

Lope E. Adriano, Emmanuel Andamo and Jose R. Francisco for plaintiffs-appellants.

MONTEMAYOR, J.:

Shortly after midnight, on September 13, 1952 bus no. 30 of the Medina Transportation, operated by its owner
defendant Mariano Medina under a certificate of public convenience, left the town of Amadeo, Cavite, on its way to
Pasay City, driven by its regular chauffeur, Conrado Saylon. There were about eighteen passengers, including the driver
and conductor. Among the passengers were Juan Bataclan, seated beside and to the right of the driver, Felipe Lara, sated
to the right of Bataclan, another passenger apparently from the Visayan Islands whom the witnesses just called Visaya,
apparently not knowing his name, seated in the left side of the driver, and a woman named Natalia Villanueva, seated
just behind the four last mentioned. At about 2:00 o'clock that same morning, while the bus was running within the
jurisdiction of Imus, Cavite, one of the front tires burst and the vehicle began to zig-zag until it fell into a canal or ditch on
the right side of the road and turned turtle. Some of the passengers managed to leave the bus the best way they could,
others had to be helped or pulled out, while the three passengers seated beside the driver, named Bataclan, Lara and the
Visayan and the woman behind them named Natalia Villanueva, could not get out of the overturned bus. Some of the
passengers, after they had clambered up to the road, heard groans and moans from inside the bus, particularly, shouts
for help from Bataclan and Lara, who said they could not get out of the bus. There is nothing in the evidence to show
whether or not the passengers already free from the wreck, including the driver and the conductor, made any attempt to
pull out or extricate and rescue the four passengers trapped inside the vehicle, but calls or shouts for help were made to
the houses in the neighborhood. After half an hour, came about ten men, one of them carrying a lighted torch made of
bamboo with a wick on one end, evidently fueled with petroleum. These men presumably approach the overturned bus,
and almost immediately, a fierce fire started, burning and all but consuming the bus, including the four passengers
trapped inside it. It would appear that as the bus overturned, gasoline began to leak and escape from the gasoline tank
on the side of the chassis, spreading over and permeating the body of the bus and the ground under and around it, and
that the lighted torch brought by one of the men who answered the call for help set it on fire.

That same day, the charred bodies of the four deemed passengers inside the bus were removed and duly identified that
of Juan Bataclan. By reason of his death, his widow, Salud Villanueva, in her name and in behalf of her five minor
children, brought the present suit to recover from Mariano Medina compensatory, moral, and exemplary damages and
attorney's fees in the total amount of P87,150. After trial, the Court of First Instance of Cavite awarded P1,000 to the
plaintiffs plus P600 as attorney's fee, plus P100, the value of the merchandise being carried by Bataclan to Pasay City for
sale and which was lost in the fire. The plaintiffs and the defendants appealed the decision to the Court of Appeals, but
the latter endorsed the appeal to us because of the value involved in the claim in the complaint.

Our new Civil Code amply provides for the responsibility of common carrier to its passengers and their goods. For
purposes of reference, we are reproducing the pertinent codal provisions:

ART. 1733. Common carriers, from the nature of their business and for reasons of public policy, are bound to observe
extraordinary diligence in the vigilance over the goods and for the safety of the passengers transported by them,
according to all the circumstances of each case.
Such extraordinary diligence in the vigilance over the goods is further expressed in articles 1734, 1735, and 1745, Nos. 5,
6, and 7, while the extra ordinary diligence for the safety of the passengers is further set forth in articles 1755 and 1756.

ART. 1755. A common carrier is bound to carry the passengers safely as far as human care and foresight can provide,
using the utmost diligence of very cautious persons, with a due regard for all the circumstances.

ART. 1756. In case of death of or injuries to passengers, common carriers are presumed to have been at fault or to have
acted negligently, unless they prove that they observed extraordinary diligence as prescribed in articles 1733 and 1755

ART. 1759. Common carriers are liable for the death of or injuries to passengers through the negligence or willful acts of
the former's employees, although such employees may have acted beyond the scope of their authority or in violation of
the order of the common carriers.

This liability of the common carriers does not cease upon proof that they exercised all the diligence of a good father of a
family in the selection and supervision of their employees.

ART. 1763. A common carrier responsible for injuries suffered by a passenger on account of the willful acts or negligence
of other passengers or of strangers, if the common carrier's employees through the exercise of the diligence of a good
father of a family could have prevented or stopped the act or omission.

We agree with the trial court that the case involves a breach of contract of transportation for hire, the Medina
Transportation having undertaken to carry Bataclan safely to his destination, Pasay City. We also agree with the trial court
that there was negligence on the part of the defendant, through his agent, the driver Saylon. There is evidence to show
that at the time of the blow out, the bus was speeding, as testified to by one of the passengers, and as shown by the fact
that according to the testimony of the witnesses, including that of the defense, from the point where one of the front
tires burst up to the canal where the bus overturned after zig-zaging, there was a distance of about 150 meters. The
chauffeur, after the blow-out, must have applied the brakes in order to stop the bus, but because of the velocity at which
the bus must have been running, its momentum carried it over a distance of 150 meters before it fell into the canal and
turned turtle.

There is no question that under the circumstances, the defendant carrier is liable. The only question is to what degree.
The trial court was of the opinion that the proximate cause of the death of Bataclan was not the overturning of the bus,
but rather, the fire that burned the bus, including himself and his co-passengers who were unable to leave it; that at the
time the fire started, Bataclan, though he must have suffered physical injuries, perhaps serious, was still alive, and so
damages were awarded, not for his death, but for the physical injuries suffered by him. We disagree. A satisfactory
definition of proximate cause is found in Volume 38, pages 695-696 of American jurisprudence, cited by plaintiffs-
appellants in their brief. It is as follows:

. . . 'that 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.' 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 ordinary 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.

It may be that ordinarily, when a passenger bus overturns, and pins down a passenger, merely causing him physical
injuries, if through some event, unexpected and extraordinary, the overturned bus is set on fire, say, by lightning, or if
some highwaymen after looting the vehicle sets it on fire, and the passenger is burned to death, one might still contend
that the proximate cause of his death was the fire and not the overturning of the vehicle. But in the present case under
the circumstances obtaining in the same, we do not hesitate to hold that the proximate cause was the overturning of the
bus, this for the reason that when the vehicle turned not only on its side but completely on its back, the leaking of the
gasoline from the tank was not unnatural or unexpected; that the coming of the men with a lighted torch was in
response to the call for help, made not only by the passengers, but most probably, by the driver and the conductor
themselves, and that because it was dark (about 2:30 in the morning), the rescuers had to carry a light with them, and
coming as they did from a rural area where lanterns and flashlights were not available; and what was more natural than
that said rescuers should innocently approach the vehicle to extend the aid and effect the rescue requested from them.
In other words, the coming of the men with a torch was to be expected and was a natural sequence of the overturning of
the bus, the trapping of some of its passengers and the call for outside help. What is more, the burning of the bus can
also in part be attributed to the negligence of the carrier, through is driver and its conductor. According to the witness,
the driver and the conductor were on the road walking back and forth. They, or at least, the driver should and must have
known that in the position in which the overturned bus was, gasoline could and must have leaked from the gasoline tank
and soaked the area in and around the bus, this aside from the fact that gasoline when spilled, specially over a large
area, can be smelt and directed even from a distance, and yet neither the driver nor the conductor would appear to have
cautioned or taken steps to warn the rescuers not to bring the lighted torch too near the bus. Said negligence on the part
of the agents of the carrier come under the codal provisions above-reproduced, particularly, Articles 1733, 1759 and
1763.

As regard the damages to which plaintiffs are entitled, considering the earning capacity of the deceased, as well as the
other elements entering into a damage award, we are satisfied that the amount of SIX THOUSAND (P6,000) PESOS would
constitute satisfactory compensation, this to include compensatory, moral, and other damages. We also believe that
plaintiffs are entitled to attorney's fees, and assessing the legal services rendered by plaintiffs' attorneys not only in the
trial court, but also in the course of the appeal, and not losing sight of the able briefs prepared by them, the attorney's
fees may well be fixed at EIGHT HUNDRED (P800) PESOS for the loss of merchandise carried by the deceased in the bus,
is adequate and will not be disturbed.

There is one phase of this case which disturbs if it does not shock us. According to the evidence, one of the passengers
who, because of the injuries suffered by her, was hospitalized, and while in the hospital, she was visited by the defendant
Mariano Medina, and in the course of his visit, she overheard him speaking to one of his bus inspectors, telling said
inspector to have the tires of the bus changed immediately because they were already old, and that as a matter of fact,
he had been telling the driver to change the said tires, but that the driver did not follow his instructions. If this be true, it
goes to prove that the driver had not been diligent and had not taken the necessary precautions to insure the safety of
his passengers. Had he changed the tires, specially those in front, with new ones, as he had been instructed to do,
probably, despite his speeding, as we have already stated, the blow out would not have occurred. All in all, there is
reason to believe that the driver operated and drove his vehicle negligently, resulting in the death of four of his
passengers, physical injuries to others, and the complete loss and destruction of their goods, and yet the criminal case
against him, on motion of the fiscal and with his consent, was provisionally dismissed, because according to the fiscal,
the witnesses on whose testimony he was banking to support the complaint, either failed or appear or were reluctant to
testify. But the record of the case before us shows the several witnesses, passengers, in that bus, willingly and
unhesitatingly testified in court to the effect of the said driver was negligent. In the public interest the prosecution of
said erring driver should be pursued, this, not only as a matter of justice, but for the promotion of the safety of
passengers on public utility buses. Let a copy of this decision be furnished the Department of Justice and the Provincial
Fiscal of Cavite.

In view of the foregoing, with the modification that the damages awarded by the trial court are increased from ONE
THOUSAND (P1,000) PESOS TO SIX THOUSAND (P6,000) PESOS, and from SIX HUNDRED PESOS TO EIGHT HUNDRED
(P800) PESOS, for the death of Bataclan and for the attorney's fees, respectively, the decision appealed is from hereby
affirmed, with costs.
G.R. No. 72964 January 7, 1988

FILOMENO URBANO, petitioner,

GUTIERREZ, JR., J.:

This is a petition to review the decision of the then Intermediate Appellate Court which affirmed the decision of the then
Circuit Criminal Court of Dagupan City finding petitioner Filomeno Urban guilty beyond reasonable doubt of the crime of
homicide.

The records disclose the following facts of the case.

At about 8:00 o'clock in the morning of October 23, 1980, petitioner Filomeno Urbano went to his ricefield at Barangay
Anonang, San Fabian, Pangasinan located at about 100 meters from the tobacco seedbed of Marcelo Javier. He found the
place where he stored his palay flooded with water coming from the irrigation canal nearby which had overflowed.
Urbano went to the elevated portion of the canal to see what happened and there he saw Marcelo Javier and Emilio Erfe
cutting grass. He asked them who was responsible for the opening of the irrigation canal and Javier admitted that he was
the one. Urbano then got angry and demanded that Javier pay for his soaked palay. A quarrel between them ensued.
Urbano unsheathed his bolo (about 2 feet long, including the handle, by 2 inches wide) and hacked Javier hitting him on
the right palm of his hand, which was used in parrying the bolo hack. Javier who was then unarmed ran away from
Urbano but was overtaken by Urbano who hacked him again hitting Javier on the left leg with the back portion of said
bolo, causing a swelling on said leg. When Urbano tried to hack and inflict further injury, his daughter embraced and
prevented him from hacking Javier.

Immediately thereafter, Antonio Erfe, Emilio Erfe, and Felipe Erfe brought Javier to his house about 50 meters away from
where the incident happened. Emilio then went to the house of Barangay Captain Menardo Soliven but not finding him
there, Emilio looked for barrio councilman Felipe Solis instead. Upon the advice of Solis, the Erfes together with Javier
went to the police station of San Fabian to report the incident. As suggested by Corporal Torio, Javier was brought to a
physician. The group went to Dr. Guillermo Padilla, rural health physician of San Fabian, who did not attend to Javier but
instead suggested that they go to Dr. Mario Meneses because Padilla had no available medicine.

After Javier was treated by Dr. Meneses, he and his companions returned to Dr. Guillermo Padilla who conducted a
medico-legal examination. Dr. Padilla issued a medico-legal certificate (Exhibit "C" dated September 28, 1981) which
reads:

TO WHOM IT MAY CONCERN:

This is to certify that I have examined the wound of Marcelo Javier, 20 years of age, married, residing at Barangay
Anonang, San Fabian, Pangasinan on October 23, 1980 and found the following:

1 -Incised wound 2 inches in length at the upper portion of the lesser palmar prominence, right.

As to my observation the incapacitation is from (7-9) days period. This wound was presented to me only for medico-legal
examination, as it was already treated by the other doctor. (p. 88, Original Records)

Upon the intercession of Councilman Solis, Urbano and Javier agreed to settle their differences. Urbano promised to pay
P700.00 for the medical expenses of Javier. Hence, on October 27, 1980, the two accompanied by Solis appeared before
the San Fabian Police to formalize their amicable settlement. Patrolman Torio recorded the event in the police blotter
(Exhibit A), to wit:
xxx xxx xxx

Entry Nr 599/27 Oct '80/103OH/ Re entry Nr 592 on page 257 both parties appeared before this Station accompanied by
brgy. councilman Felipe Solis and settled their case amicably, for they are neighbors and close relatives to each other.
Marcelo Javier accepted and granted forgiveness to Filomeno Urbano who shoulder (sic) all the expenses in his medical
treatment, and promising to him and to this Office that this will never be repeated anymore and not to harbour any
grudge against each other. (p. 87, Original Records.)

Urbano advanced P400.00 to Javier at the police station. On November 3, 1980, the additional P300.00 was given to
Javier at Urbano's house in the presence of barangay captain Soliven.

At about 1:30 a.m. on November 14, 1980, Javier was rushed to the Nazareth General Hospital in a very serious
condition. When admitted to the hospital, Javier had lockjaw and was having convulsions. Dr. Edmundo Exconde who
personally attended to Javier found that the latter's serious condition was caused by tetanus toxin. He noticed the
presence of a healing wound in Javier's palm which could have been infected by tetanus.

On November 15, 1980 at exactly 4:18 p.m., Javier died in the hospital. The medical findings of Dr. Exconde are as
follows:

Date Diagnosis

11-14-80 ADMITTED due to trismus

adm. at DX TETANUS

1:30 AM Still having frequent muscle spasm. With diffi-

#35, 421 culty opening his mouth. Restless at times. Febrile

11-15-80 Referred. Novaldin 1 amp. inj. IM. Sudden cessa-

tion of respiration and HR after muscular spasm.

02 inhalation administered. Ambo bag resuscita-

tion and cardiac massage done but to no avail.

Pronounced dead by Dra. Cabugao at 4:18 P.M.

PMC done and cadaver brought home by rela-

tives. (p. 100, Original Records)

In an information dated April 10, 1981, Filomeno Urbano was charged with the crime of homicide before the then Circuit
Criminal Court of Dagupan City, Third Judicial District.

Upon arraignment, Urbano pleaded "not guilty." After trial, the trial court found Urbano guilty as charged. He was
sentenced to suffer an indeterminate prison term of from TWELVE (12) YEARS of prision mayor, as minimum to
SEVENTEEN (17) years, FOUR (4) MONTHS and ONE (1) DAY of reclusion temporal, as maximum, together with the
accessories of the law, to indemnify the heirs of the victim, Marcelo Javier, in the amount of P12,000.00 without
subsidiary imprisonment in case of insolvency, and to pay the costs. He was ordered confined at the New Bilibid Prison,
in Muntinlupa, Rizal upon finality of the decision, in view of the nature of his penalty.

The then Intermediate Appellate Court affirmed the conviction of Urbano on appeal but raised the award of indemnity to
the heirs of the deceased to P30,000.00 with costs against the appellant.
The appellant filed a motion for reconsideration and/or new trial. The motion for new trial was based on an affidavit of
Barangay Captain Menardo Soliven (Annex "A") which states:

That in 1980, I was the barrio captain of Barrio Anonang, San Fabian, Pangasinan, and up to the present having been re-
elected to such position in the last barangay elections on May 17, 1982;

That sometime in the first week of November, 1980, there was a typhoon that swept Pangasinan and other places of
Central Luzon including San Fabian, a town of said province;

That during the typhoon, the sluice or control gates of the Bued irrigation dam which irrigates the ricefields of San Fabian
were closed and/or controlled so much so that water and its flow to the canals and ditches were regulated and reduced;

That due to the locking of the sluice or control gates of the dam leading to the canals and ditches which will bring water
to the ricefields, the water in said canals and ditches became shallow which was suitable for catching mudfishes;

That after the storm, I conducted a personal survey in the area affected, with my secretary Perfecto Jaravata;

That on November 5, 1980, while I was conducting survey, I saw the late Marcelo Javier catching fish in the shallow
irrigation canals with some companions;

That few days there after,or on November l5, l980, I came to know that said Marcelo Javier died of tetanus. (p. 33, Rollo)

The motion was denied. Hence, this petition.

In a resolution dated July 16, 1986, we gave due course to the petition.

The case involves the application of Article 4 of the Revised Penal Code which provides that "Criminal liability shall be
incurred: (1) By any person committing a felony (delito) although the wrongful act done be different from that which he
intended ..." Pursuant to this provision "an accused is criminally responsible for acts committed by him in violation of law
and for all the natural and logical consequences resulting therefrom." (People v. Cardenas, 56 SCRA 631).

The record is clear that Marcelo Javier was hacked by the petitioner who used a bolo as a result of which Javier suffered a
2-inch incised wound on his right palm; that on November 14, 1981 which was the 22nd day after the incident, Javier
was rushed to the hospital in a very serious condition and that on the following day, November 15, 1981, he died from
tetanus.

Under these circumstances, the lower courts ruled that Javier's death was the natural and logical consequence of
Urbano's unlawful act. Hence, he was declared responsible for Javier's death. Thus, the appellate court said:

The claim of appellant that there was an efficient cause which supervened from the time the deceased was wounded to
the time of his death, which covers a period of 23 days does not deserve serious consideration. True, that the deceased
did not die right away from his wound, but the cause of his death was due to said wound which was inflicted by the
appellant. Said wound which was in the process of healing got infected with tetanus which ultimately caused his death.

Dr. Edmundo Exconde of the Nazareth General Hospital testified that the victim suffered lockjaw because of the infection
of the wound with tetanus. And there is no other way by which he could be infected with tetanus except through the
wound in his palm (tsn., p. 78, Oct. 5, 1981). Consequently, the proximate cause of the victim's death was the wound
which got infected with tetanus. And the settled rule in this jurisdiction is that an accused is liable for all the
consequences of his unlawful act. (Article 4, par. 1, R.P.C. People v. Red, CA 43 O.G. 5072; People v. Cornel 78 Phil. 418).

Appellant's allegation that the proximate cause of the victim's death was due to his own negligence in going back to work
without his wound being properly healed, and lately, that he went to catch fish in dirty irrigation canals in the first week
of November, 1980, is an afterthought, and a desperate attempt by appellant to wiggle out of the predicament he found
himself in. If the wound had not yet healed, it is impossible to conceive that the deceased would be reckless enough to
work with a disabled hand. (pp. 20-21, Rollo)

The petitioner reiterates his position that the proximate cause of the death of Marcelo Javier was due to his own
negligence, that Dr. Mario Meneses found no tetanus in the injury, and that Javier got infected with tetanus when after
two weeks he returned to his farm and tended his tobacco plants with his bare hands exposing the wound to harmful
elements like tetanus germs.

The evidence on record does not clearly show that the wound inflicted by Urbano was infected with tetanus at the time
of the infliction of the wound. The evidence merely confirms that the wound, which was already healing at the time
Javier suffered the symptoms of the fatal ailment, somehow got infected with tetanus However, as to when the wound
was infected is not clear from the record.

In Vda. de Bataclan, et al. v. Medina (102 Phil. 1181), we adopted the following definition of proximate cause:

xxx xxx xxx

... A satisfactory definition of proximate cause is found in Volume 38, pages 695-696 of American Jurisprudence, cited by
plaintiffs-appellants in their brief. It is as follows:

... "that 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."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." (at pp. 185-186)

The issue, therefore, hinges on whether or not there was an efficient intervening cause from the time Javier was
wounded until his death which would exculpate Urbano from any liability for Javier's death.

We look into the nature of tetanus-

The incubation period of tetanus, i.e., the time between injury and the appearance of unmistakable symptoms, ranges
from 2 to 56 days. However, over 80 percent of patients become symptomatic within 14 days. A short incubation period
indicates severe disease, and when symptoms occur within 2 or 3 days of injury the mortality rate approaches 100
percent.

Non-specific premonitory symptoms such as restlessness, irritability, and headache are encountered occasionally, but the
commonest presenting complaints are pain and stiffness in the jaw, abdomen, or back and difficulty swallowing. As the
progresses, stiffness gives way to rigidity, and patients often complain of difficulty opening their mouths. In fact, trismus
in the commonest manifestation of tetanus and is responsible for the familiar descriptive name of lockjaw. As more
muscles are involved, rigidity becomes generalized, and sustained contractions called risus sardonicus. The intensity and
sequence of muscle involvement is quite variable. In a small proportion of patients, only local signs and symptoms
develop in the region of the injury. In the vast majority, however, most muscles are involved to some degree, and the
signs and symptoms encountered depend upon the major muscle groups affected.

Reflex spasm usually occur within 24 to 72 hours of the first symptom, an interval referred to as the onset time. As in the
case of the incubation period, a short onset time is associated with a poor prognosis. Spasms are caused by sudden
intensification of afferent stimuli arising in the periphery, which increases rigidity and causes simultaneous and excessive
contraction of muscles and their antagonists. Spasms may be both painful and dangerous. As the disease progresses,
minimal or inapparent stimuli produce more intense and longer lasting spasms with increasing frequency. Respiration
may be impaired by laryngospasm or tonic contraction of respiratory muscles which prevent adequate ventilation.
Hypoxia may then lead to irreversible central nervous system damage and death.

Mild tetanus is characterized by an incubation period of at least 14 days and an onset time of more than 6 days. Trismus
is usually present, but dysphagia is absent and generalized spasms are brief and mild. Moderately severe tetanus has a
somewhat shorter incubation period and onset time; trismus is marked, dysphagia and generalized rigidity are present,
but ventilation remains adequate even during spasms. The criteria for severe tetanus include a short incubation time,
and an onset time of 72 hrs., or less, severe trismus, dysphagia and rigidity and frequent prolonged, generalized
convulsive spasms. (Harrison's Principle of Internal Medicine, 1983 Edition, pp. 1004-1005; Emphasis supplied)

Therefore, medically speaking, the reaction to tetanus found inside a man's body depends on the incubation period of
the disease.

In the case at bar, Javier suffered a 2-inch incised wound on his right palm when he parried the bolo which Urbano used
in hacking him. This incident took place on October 23, 1980. After 22 days, or on November 14, 1980, he suffered the
symptoms of tetanus, like lockjaw and muscle spasms. The following day, November 15, 1980, he died.

If, therefore, the wound of Javier inflicted by the appellant was already infected by tetanus germs at the time, it is more
medically probable that Javier should have been infected with only a mild cause of tetanus because the symptoms of
tetanus appeared on the 22nd day after the hacking incident or more than 14 days after the infliction of the wound.
Therefore, the onset time should have been more than six days. Javier, however, died on the second day from the onset
time. The more credible conclusion is that at the time Javier's wound was inflicted by the appellant, the severe form of
tetanus that killed him was not yet present. Consequently, Javier's wound could have been infected with tetanus after
the hacking incident. Considering the circumstance surrounding Javier's death, his wound could have been infected by
tetanus 2 or 3 or a few but not 20 to 22 days before he died.

The rule is that the death of the victim must be the direct, natural, and logical consequence of the wounds inflicted upon
him by the accused. (People v. Cardenas, supra) And since we are dealing with a criminal conviction, the proof that the
accused caused the victim's death must convince a rational mind beyond reasonable doubt. The medical findings,
however, lead us to a distinct possibility that the infection of the wound by tetanus was an efficient intervening cause
later or between the time Javier was wounded to the time of his death. The infection was, therefore, distinct and foreign
to the crime. (People v. Rellin, 77 Phil. 1038).

Doubts are present. There is a likelihood that the wound was but the remote cause and its subsequent infection, for
failure to take necessary precautions, with tetanus may have been the proximate cause of Javier's death with which the
petitioner had nothing to do. As we ruled in Manila Electric Co. v. Remoquillo, et al. (99 Phil. 118).

"A prior and remote cause cannot be made the be of an action if such remote cause did nothing more than furnish the
condition or give rise to the occasion by which the injury was made possible, if there intervened between such prior or
remote cause and the injury a distinct, successive, unrelated, and efficient cause of the injury, even though such injury
would not have happened but for such condition or occasion. If no danger existed in the condition except because of the
independent cause, such condition was not the proximate cause. And if an independent negligent act or defective
condition sets into operation the instances which result in injury because of the prior defective condition, such
subsequent act or condition is the proximate cause." (45 C.J. pp. 931-932). (at p. 125)

It strains the judicial mind to allow a clear aggressor to go scot free of criminal liability. At the very least, the records
show he is guilty of inflicting slight physical injuries. However, the petitioner's criminal liability in this respect was wiped
out by the victim's own act. After the hacking incident, Urbano and Javier used the facilities of barangay mediators to
effect a compromise agreement where Javier forgave Urbano while Urbano defrayed the medical expenses of Javier. This
settlement of minor offenses is allowed under the express provisions of Presidential Decree G.R. No. 1508, Section 2(3).
(See also People v. Caruncho, 127 SCRA 16).

We must stress, however, that our discussion of proximate cause and remote cause is limited to the criminal aspects of
this rather unusual case. It does not necessarily follow that the petitioner is also free of civil liability. The well-settled
doctrine is that a person, while not criminally liable, may still be civilly liable. Thus, in the recent case ofPeople v. Rogelio
Ligon y Tria, et al. (G.R. No. 74041, July 29, 1987), we said:

xxx xxx xxx

... While the guilt of the accused in a criminal prosecution must be established beyond reasonable doubt, only a
preponderance of evidence is required in a civil action for damages. (Article 29, Civil Code). The judgment of acquittal
extinguishes the civil liability of the accused only when it includes a declaration that the facts from which the civil liability
might arise did not exist. (Padilla v. Court of Appeals, 129 SCRA 559).

The reason for the provisions of article 29 of the Civil Code, which provides that the acquittal of the accused on the
ground that his guilt has not been proved beyond reasonable doubt does not necessarily exempt him from civil liability
for the same act or omission, has been explained by the Code Commission as follows:

The old rule that the acquittal of the accused in a criminal case also releases him from civil liability is one of the most
serious flaws in the Philippine legal system. It has given use to numberless instances of miscarriage of justice, where the
acquittal was due to a reasonable doubt in the mind of the court as to the guilt of the accused. The reasoning followed is
that inasmuch as the civil responsibility is derived from the criminal offense, when the latter is not proved, civil liability
cannot be demanded.

This is one of those causes where confused thinking leads to unfortunate and deplorable consequences. Such reasoning
fails to draw a clear line of demarcation between criminal liability and civil responsibility, and to determine the logical
result of the distinction. The two liabilities are separate and distinct from each other. One affects the social order and the
other, private rights. One is for the punishment or correction of the offender while the other is for reparation of damages
suffered by the aggrieved party. The two responsibilities are so different from each other that article 1813 of the present
(Spanish) Civil Code reads thus: "There may be a compromise upon the civil action arising from a crime; but the public
action for the imposition of the legal penalty shall not thereby be extinguished." It is just and proper that, for the
purposes of the imprisonment of or fine upon the accused, the offense should be proved beyond reasonable doubt. But
for the purpose of indemnity the complaining party, why should the offense also be proved beyond reasonable doubt? Is
not the invasion or violation of every private right to be proved only by a preponderance of evidence? Is the right of the
aggrieved person any less private because the wrongful act is also punishable by the criminal law?

"For these reasons, the Commission recommends the adoption of the reform under discussion. It will correct a serious
defect in our law. It will close up an inexhaustible source of injustice-a cause for disillusionment on the part of the
innumerable persons injured or wronged."

The respondent court increased the P12,000.00 indemnification imposed by the trial court to P30,000.00. However, since
the indemnification was based solely on the finding of guilt beyond reasonable doubt in the homicide case, the civil
liability of the petitioner was not thoroughly examined. This aspect of the case calls for fuller development if the heirs of
the victim are so minded.

WHEREFORE, the instant petition is hereby GRANTED. The questioned decision of the then Intermediate Appellate Court,
now Court of Appeals, is REVERSED and SET ASIDE. The petitioner is ACQUITTED of the crime of homicide. Costs de
oficio.

SO ORDERED.
G.R. No. L-65295 March 10, 1987

PHOENIX CONSTRUCTION, INC. and ARMANDO U. CARBONEL, petitioners,

FELICIANO, J:

In the early morning of 15 November 1975 at about 1:30 a.m. private respondent Leonardo Dionisio was on his way
home he lived in 1214-B Zamora Street, Bangkal, Makati from a cocktails-and-dinner meeting with his boss, the
general manager of a marketing corporation. During the cocktails phase of the evening, Dionisio had taken "a shot or
two" of liquor. Dionisio was driving his Volkswagen car and had just crossed the intersection of General Lacuna and
General Santos Streets at Bangkal, Makati, not far from his home, and was proceeding down General Lacuna Street,
when his car headlights (in his allegation) suddenly failed. He switched his headlights on "bright" and thereupon he saw a
Ford dump truck looming some 2-1/2 meters away from his car. The dump truck, owned by and registered in the name of
petitioner Phoenix Construction Inc. ("Phoenix"), was parked on the right hand side of General Lacuna Street (i.e., on the
right hand side of a person facing in the same direction toward which Dionisio's car was proceeding), facing the
oncoming traffic. The dump truck was parked askew (not parallel to the street curb) in such a manner as to stick out onto
the street, partly blocking the way of oncoming traffic. There were no lights nor any so-called "early warning" reflector
devices set anywhere near the dump truck, front or rear. The dump truck had earlier that evening been driven home by
petitioner Armando U. Carbonel, its regular driver, with the permission of his employer Phoenix, in view of work
scheduled to be carried out early the following morning, Dionisio claimed that he tried to avoid a collision by swerving
his car to the left but it was too late and his car smashed into the dump truck. As a result of the collision, Dionisio
suffered some physical injuries including some permanent facial scars, a "nervous breakdown" and loss of two gold
bridge dentures.

Dionisio commenced an action for damages in the Court of First Instance of Pampanga basically claiming that the legal
and proximate cause of his injuries was the negligent manner in which Carbonel had parked the dump truck entrusted to
him by his employer Phoenix. Phoenix and Carbonel, on the other hand, countered that the proximate cause of Dionisio's
injuries was his own recklessness in driving fast at the time of the accident, while under the influence of liquor, without
his headlights on and without a curfew pass. Phoenix also sought to establish that it had exercised due rare in the
selection and supervision of the dump truck driver.

The trial court rendered judgment in favor of Dionisio and against Phoenix and Carbonel and ordered the latter:

(1) To pay plaintiff jointly and severally the sum of P 15,000.00 for hospital bills and the replacement of the lost dentures
of plaintiff;

(2) To pay plaintiff jointly and severally the sum of P 1,50,000.-00 as loss of expected income for plaintiff brought about
the accident in controversy and which is the result of the negligence of the defendants;

(3) To pay the plaintiff jointly and severally the sum of P 10,000. as moral damages for the unexpected and sudden
withdrawal of plaintiff from his lifetime career as a marketing man; mental anguish, wounded feeling, serious anxiety,
social humiliation, besmirched reputation, feeling of economic insecurity, and the untold sorrows and frustration in life
experienced by plaintiff and his family since the accident in controversy up to the present time;

(4) To pay plaintiff jointly and severally the sum of P 10,000.00 as damages for the wanton disregard of defendants to
settle amicably this case with the plaintiff before the filing of this case in court for a smaller amount.

(5) To pay the plaintiff jointly and severally the sum of P 4,500.00 due as and for attorney's fees; and
(6) The cost of suit. (Emphasis supplied)

Phoenix and Carbonel appealed to the Intermediate Appellate Court. That court in CA-G.R. No. 65476 affirmed the
decision of the trial court but modified the award of damages to the following extent:

1. The award of P15,000.00 as compensatory damages was reduced to P6,460.71, the latter being the only amount that
the appellate court found the plaintiff to have proved as actually sustained by him;

2. The award of P150,000.00 as loss of expected income was reduced to P100,000.00,basically because Dionisio had
voluntarily resigned his job such that, in the opinion of the appellate court, his loss of income "was not solely attributable
to the accident in question;" and

3. The award of P100,000.00 as moral damages was held by the appellate court as excessive and unconscionable and
hence reduced to P50,000.00.

The award of P10,000.00 as exemplary damages and P4,500.00 as attorney's fees and costs remained untouched.

This decision of the Intermediate Appellate Court is now before us on a petition for review.

Both the trial court and the appellate court had made fairly explicit findings of fact relating to the manner in which the
dump truck was parked along General Lacuna Street on the basis of which both courts drew the inference that there was
negligence on the part of Carbonel, the dump truck driver, and that this negligence was the proximate cause of the
accident and Dionisio's injuries. We note, however, that both courts failed to pass upon the defense raised by Carbonel
and Phoenix that the true legal and proximate cause of the accident was not the way in which the dump truck had been
parked but rather the reckless way in which Dionisio had driven his car that night when he smashed into the dump truck.
The Intermediate Appellate Court in its questioned decision casually conceded that Dionisio was "in some way,
negligent" but apparently failed to see the relevance of Dionisio's negligence and made no further mention of it. We
have examined the record both before the trial court and the Intermediate Appellate Court and we find that both parties
had placed into the record sufficient evidence on the basis of which the trial court and the appellate court could have
and should have made findings of fact relating to the alleged reckless manner in which Dionisio drove his car that night.
The petitioners Phoenix and Carbonel contend that if there was negligence in the manner in which the dump truck was
parked, that negligence was merely a "passive and static condition" and that private respondent Dionisio's recklessness
constituted an intervening, efficient cause determinative of the accident and the injuries he sustained. The need to
administer substantial justice as between the parties in this case, without having to remand it back to the trial court after
eleven years, compels us to address directly the contention put forward by the petitioners and to examine for ourselves
the record pertaining to Dionisio's alleged negligence which must bear upon the liability, or extent of liability, of Phoenix
and Carbonel.

There are four factual issues that need to be looked into: (a) whether or not private respondent Dionisio had a curfew
pass valid and effective for that eventful night; (b) whether Dionisio was driving fast or speeding just before the collision
with the dump truck; (c) whether Dionisio had purposely turned off his car's headlights before contact with the dump
truck or whether those headlights accidentally malfunctioned moments before the collision; and (d) whether Dionisio
was intoxicated at the time of the accident.

As to the first issue relating to the curfew pass, it is clear that no curfew pass was found on the person of Dionisio
immediately after the accident nor was any found in his car. Phoenix's evidence here consisted of the testimony of
Patrolman Cuyno who had taken Dionisio, unconscious, to the Makati Medical Center for emergency treatment
immediately after the accident. At the Makati Medical Center, a nurse took off Dionisio's clothes and examined them
along with the contents of pockets together with Patrolman Cuyno. 1 Private respondent Dionisio was not able to
produce any curfew pass during the trial. Instead, he offered the explanation that his family may have misplaced his
curfew pass. He also offered a certification (dated two years after the accident) issued by one Major Benjamin N.
Libarnes of the Zone Integrated Police Intelligence Unit of Camp Olivas, San Fernando, Pampanga, which was said to have
authority to issue curfew passes for Pampanga and Metro Manila. This certification was to the effect that private
respondent Dionisio had a valid curfew pass. This certification did not, however, specify any pass serial number or date or
period of effectivity of the supposed curfew pass. We find that private respondent Dionisio was unable to prove
possession of a valid curfew pass during the night of the accident and that the preponderance of evidence shows that he
did not have such a pass during that night. The relevance of possession or non-possession of a curfew pass that night lies
in the light it tends to shed on the other related issues: whether Dionisio was speeding home and whether he had
indeed purposely put out his headlights before the accident, in order to avoid detection and possibly arrest by the police
in the nearby police station for travelling after the onset of curfew without a valid curfew pass.

On the second issue whether or not Dionisio was speeding home that night both the trial court and the appellate
court were completely silent.

The defendants in the trial court introduced the testimony of Patrolman Cuyno who was at the scene of the accident
almost immediately after it occurred, the police station where he was based being barely 200 meters away. Patrolman
Cuyno testified that people who had gathered at the scene of the accident told him that Dionisio's car was "moving fast"
and did not have its headlights on. 2 Dionisio, on the other hand, claimed that he was travelling at a moderate speed at
30 kilometers per hour and had just crossed the intersection of General Santos and General Lacuna Streets and had
started to accelerate when his headlights failed just before the collision took place. 3

Private respondent Dionisio asserts that Patrolman Cuyno's testimony was hearsay and did not fag within any of the
recognized exceptions to the hearsay rule since the facts he testified to were not acquired by him through official
information and had not been given by the informants pursuant to any duty to do so. Private respondent's objection fails
to take account of the fact that the testimony of Patrolman Cuyno is admissible not under the official records exception
to the hearsay rule 4 but rather as part of the res gestae. 5 Testimonial evidence under this exception to the hearsay rule
consists of excited utterances made on the occasion of an occurrence or event sufficiently startling in nature so as to
render inoperative the normal reflective thought processes of the observer and hence made as a spontaneous reaction
to the occurrence or event, and not the result of reflective thought. 6

We think that an automobile speeding down a street and suddenly smashing into a stationary object in the dead of night
is a sufficiently startling event as to evoke spontaneous, rather than reflective, reactions from observers who happened
to be around at that time. The testimony of Patrolman Cuyno was therefore admissible as part of the res gestae and
should have been considered by the trial court. Clearly, substantial weight should have been ascribed to such testimony,
even though it did not, as it could not, have purported to describe quantitatively the precise velocity at winch Dionisio
was travelling just before impact with the Phoenix dump truck.

A third related issue is whether Dionisio purposely turned off his headlights, or whether his headlights accidentally
malfunctioned, just moments before the accident. The Intermediate Appellate Court expressly found that the headlights
of Dionisio's car went off as he crossed the intersection but was non-committal as to why they did so. It is the petitioners'
contention that Dionisio purposely shut off his headlights even before he reached the intersection so as not to be
detected by the police in the police precinct which he (being a resident in the area) knew was not far away from the
intersection. We believe that the petitioners' theory is a more credible explanation than that offered by private
respondent Dionisio i.e., that he had his headlights on but that, at the crucial moment, these had in some mysterious
if convenient way malfunctioned and gone off, although he succeeded in switching his lights on again at "bright" split
seconds before contact with the dump truck.

A fourth and final issue relates to whether Dionisio was intoxicated at the time of the accident. The evidence here
consisted of the testimony of Patrolman Cuyno to the effect that private respondent Dionisio smelled of liquor at the
time he was taken from his smashed car and brought to the Makati Medical Center in an unconscious condition. 7This
testimony has to be taken in conjunction with the admission of Dionisio that he had taken "a shot or two" of liquor
before dinner with his boss that night. We do not believe that this evidence is sufficient to show that Dionisio was so
heavily under the influence of liquor as to constitute his driving a motor vehicle per se an act of reckless
imprudence. 8 There simply is not enough evidence to show how much liquor he had in fact taken and the effects of that
upon his physical faculties or upon his judgment or mental alertness. We are also aware that "one shot or two" of hard
liquor may affect different people differently.

The conclusion we draw from the factual circumstances outlined above is that private respondent Dionisio was negligent
the night of the accident. He was hurrying home that night and driving faster than he should have been. Worse, he
extinguished his headlights at or near the intersection of General Lacuna and General Santos Streets and thus did not see
the dump truck that was parked askew and sticking out onto the road lane.

Nonetheless, we agree with the Court of First Instance and the Intermediate Appellate Court that the legal and
proximate cause of the accident and of Dionisio's injuries was the wrongful or negligent manner in which the dump
truck was parked in other words, the negligence of petitioner Carbonel. That there was a reasonable relationship
between petitioner Carbonel's negligence on the one hand and the accident and respondent's injuries on the other
hand, is quite clear. Put in a slightly different manner, the collision of Dionisio's car with the dump truck was a natural
and foreseeable consequence of the truck driver's negligence.

The petitioners, however, urge that the truck driver's negligence was merely a "passive and static condition" and that
private respondent Dionisio's negligence was an "efficient intervening cause and that consequently Dionisio's negligence
must be regarded as the legal and proximate cause of the accident rather than the earlier negligence of Carbonel. We
note that the petitioners' arguments are drawn from a reading of some of the older cases in various jurisdictions in the
United States but we are unable to persuade ourselves that these arguments have any validity for our jurisdiction. We
note, firstly, that even in the United States, the distinctions between "cause" and "condition" which the 'petitioners
would have us adopt have already been "almost entirely discredited." Professors and Keeton make this quite clear:

Cause and condition. Many courts have sought to distinguish between the active "cause" of the harm and the existing
"conditions" upon which that cause operated. If the defendant has created only a passive static condition which made
the damage possible, the defendant is said not to be liable. But so far as the fact of causation is concerned, in the sense
of necessary antecedents which have played an important part in producing the result it is quite impossible to distinguish
between active forces and passive situations, particularly since, as is invariably the case, the latter are the result of other
active forces which have gone before. The defendant who spills gasoline about the premises creates a "condition," but
the act may be culpable because of the danger of fire. When a spark ignites the gasoline, the condition has done quite as
much to bring about the fire as the spark; and since that is the very risk which the defendant has created, the defendant
will not escape responsibility. Even the lapse of a considerable time during which the "condition" remains static will not
necessarily affect liability; one who digs a trench in the highway may still be liable to another who fans into it a month
afterward. "Cause" and "condition" still find occasional mention in the decisions; but the distinction is now almost entirely
discredited. So far as it has any validity at all, it must refer to the type of case where the forces set in operation by the
defendant have come to rest in a position of apparent safety, and some new force intervenes. But even in such cases, it is
not the distinction between "cause" and "condition" which is important but the nature of the risk and the character of
the intervening cause. 9

We believe, secondly, that the truck driver's negligence far from being a "passive and static condition" was rather an
indispensable and efficient cause. The collision between the dump truck and the private respondent's car would in an
probability not have occurred had the dump truck not been parked askew without any warning lights or reflector
devices. The improper parking of the dump truck created an unreasonable risk of injury for anyone driving down General
Lacuna Street and for having so created this risk, the truck driver must be held responsible. In our view, Dionisio's
negligence, although later in point of time than the truck driver's negligence and therefore closer to the accident, was
not an efficient intervening or independent cause. What the Petitioners describe as an "intervening cause" was no more
than a foreseeable consequent manner which the truck driver had parked the dump truck. In other words, the petitioner
truck driver owed a duty to private respondent Dionisio and others similarly situated not to impose upon them the very
risk the truck driver had created. Dionisio's negligence was not of an independent and overpowering nature as to cut, as
it were, the chain of causation in fact between the improper parking of the dump truck and the accident, nor to sever
the juris vinculum of liability. It is helpful to quote once more from Professor and Keeton:

Foreseeable Intervening Causes. If the intervening cause is one which in ordinary human experience is reasonably to be
anticipated or one which the defendant has reason to anticipate under the particular circumstances, the defendant may
be negligence among other reasons, because of failure to guard against it; or the defendant may be negligent only for
that reason. Thus one who sets a fire may be required to foresee that an ordinary, usual and customary wind arising later
wig spread it beyond the defendant's own property, and therefore to take precautions to prevent that event. The person
who leaves the combustible or explosive material exposed in a public place may foresee the risk of fire from some
independent source. ... In all of these cases there is an intervening cause combining with the defendant's conduct to
produce the result and in each case the defendant's negligence consists in failure to protect the plaintiff against that very
risk.

Obviously the defendant cannot be relieved from liability by the fact that the risk or a substantial and important part of
the risk, to which the defendant has subjected the plaintiff has indeed come to pass. Foreseeable intervening forces are
within the scope original risk, and hence of the defendant's negligence. The courts are quite generally agreed that
intervening causes which fall fairly in this category will not supersede the defendant's responsibility.

Thus it has been held that a defendant will be required to anticipate the usual weather of the vicinity, including all
ordinary forces of nature such as usual wind or rain, or snow or frost or fog or even lightning; that one who leaves an
obstruction on the road or a railroad track should foresee that a vehicle or a train will run into it; ...

The risk created by the defendant may include the intervention of the foreseeable negligence of others. ... [The standard
of reasonable conduct may require the defendant to protect the plaintiff against 'that occasional negligence which is one
of the ordinary incidents of human life, and therefore to be anticipated.' Thus, a defendant who blocks the sidewalk and
forces the plaintiff to walk in a street where the plaintiff will be exposed to the risks of heavy traffic becomes liable when
the plaintiff is run down by a car, even though the car is negligently driven; and one who parks an automobile on the
highway without lights at night is not relieved of responsibility when another negligently drives into it. ---10

We hold that private respondent Dionisio's negligence was "only contributory," that the "immediate and proximate
cause" of the injury remained the truck driver's "lack of due care" and that consequently respondent Dionisio may
recover damages though such damages are subject to mitigation by the courts (Article 2179, Civil Code of the
Philippines).

Petitioners also ask us to apply what they refer to as the "last clear chance" doctrine. The theory here of petitioners is
that while the petitioner truck driver was negligent, private respondent Dionisio had the "last clear chance" of avoiding
the accident and hence his injuries, and that Dionisio having failed to take that "last clear chance" must bear his own
injuries alone. The last clear chance doctrine of the common law was imported into our jurisdiction by Picart vs.
Smith 11 but it is a matter for debate whether, or to what extent, it has found its way into the Civil Code of the
Philippines. The historical function of that doctrine in the common law was to mitigate the harshness of another
common law doctrine or rule that of contributory negligence. 12 The common law rule of contributory negligence
prevented any recovery at all by a plaintiff who was also negligent, even if the plaintiff's negligence was relatively minor
as compared with the wrongful act or omission of the defendant. 13 The common law notion of last clear chance
permitted courts to grant recovery to a plaintiff who had also been negligent provided that the defendant had the last
clear chance to avoid the casualty and failed to do so. 14 Accordingly, it is difficult to see what role, if any, the common
law last clear chance doctrine has to play in a jurisdiction where the common law concept of contributory negligence as
an absolute bar to recovery by the plaintiff, has itself been rejected, as it has been in Article 2179 of the Civil Code of the
Philippines. 15

Is there perhaps a general concept of "last clear chance" that may be extracted from its common law matrix and utilized
as a general rule in negligence cases in a civil law jurisdiction like ours? We do not believe so. Under Article 2179, the
task of a court, in technical terms, is to determine whose negligence the plaintiff's or the defendant's was the legal
or proximate cause of the injury. That task is not simply or even primarily an exercise in chronology or physics, as the
petitioners seem to imply by the use of terms like "last" or "intervening" or "immediate." The relative location in the
continuum of time of the plaintiff's and the defendant's negligent acts or omissions, is only one of the relevant factors
that may be taken into account. Of more fundamental importance are the nature of the negligent act or omission of each
party and the character and gravity of the risks created by such act or omission for the rest of the community. The
petitioners urge that the truck driver (and therefore his employer) should be absolved from responsibility for his own
prior negligence because the unfortunate plaintiff failed to act with that increased diligence which had become
necessary to avoid the peril precisely created by the truck driver's own wrongful act or omission. To accept this
proposition is to come too close to wiping out the fundamental principle of law that a man must respond for the
forseeable consequences of his own negligent act or omission. Our law on quasi-delicts seeks to reduce the risks and
burdens of living in society and to allocate them among the members of society. To accept the petitioners' pro-position
must tend to weaken the very bonds of society.

Petitioner Carbonel's proven negligence creates a presumption of negligence on the part of his employer Phoenix 16in
supervising its employees properly and adequately. The respondent appellate court in effect found, correctly in our
opinion, that Phoenix was not able to overcome this presumption of negligence. The circumstance that Phoenix had
allowed its truck driver to bring the dump truck to his home whenever there was work to be done early the following
morning, when coupled with the failure to show any effort on the part of Phoenix to supervise the manner in which the
dump truck is parked when away from company premises, is an affirmative showing of culpa in vigilando on the part of
Phoenix.

Turning to the award of damages and taking into account the comparative negligence of private respondent Dionisio on
one hand and petitioners Carbonel and Phoenix upon the other hand, 17 we believe that the demands of substantial
justice are satisfied by allocating most of the damages on a 20-80 ratio. Thus, 20% of the damages awarded by the
respondent appellate court, except the award of P10,000.00 as exemplary damages and P4,500.00 as attorney's fees and
costs, shall be borne by private respondent Dionisio; only the balance of 80% needs to be paid by petitioners Carbonel
and Phoenix who shall be solidarity liable therefor to the former. The award of exemplary damages and attorney's fees
and costs shall be borne exclusively by the petitioners. Phoenix is of course entitled to reimbursement from
Carbonel. 18 We see no sufficient reason for disturbing the reduced award of damages made by the respondent
appellate court.

WHEREFORE, the decision of the respondent appellate court is modified by reducing the aggregate amount of
compensatory damages, loss of expected income and moral damages private respondent Dionisio is entitled to by 20% of
such amount. Costs against the petitioners.

SO ORDERED.
[G.R. No. 133323. March 9, 2000]

ALBERTO AUSTRIA, petitioner, vs. COURT OF APPEALS AND THE PEOPLE OF THE PHILIPPINES, respondents. Mis-edp

DECISION

QUISUMBING, J.:

Before us is a petition for review on certiorari, seeking to set aside (1) the decision dated August 13, 1997, of the
respondent Court of Appeals in CA G.R. CR No. 16889, affirming with modification the March 21, 1994, judgment of the
Regional Trial Court, Branch 43, of San Fernando, Pampanga, in Criminal Case No. 5784, which convicted the petitioner of
reckless imprudence resulting in serious physical injuries, and (2) the resolution of said respondent court dated March
25, 1998 denying petitioner's motion for reconsideration.

The original Information dated August 27, 1990, charging petitioner Alberto Austria and his co-accused was amended as
to correctly state the name of co-accused Rolando M. Flores, which was Rolando Torres in the original Information.
Consequently, the Amended Information reads:

"AMENDED INFORMATION

The undersigned Provincial Prosecutor and Assistant Provincial Prosecutor accuse ALBERTO AUSTRIA y PENAFLOR and
ROLANDO M. FLORES of the crime of Reckless Imprudence resulting in Homicide and Multiple Physical Injuries,
committed as follows:

That on or about the 9th day of July 1989, in barangay Cabetican, municipality of Bacolor, province of Pampanga,
Philippines and within the jurisdiction of this Honorable Court, the above-named accused, Alberto Austria y Peaflor,
being then the driver and person-in-charge of a Ford Fiera Crew Cab bearing Plate No. DEB 558 UV Pil. '88 and registered
under the name of Geronimo Noceda, without due regard to traffic laws, rules and regulations, without taking the
necessary precaution to avoid accident to persons and by giving said vehicle a speed far greater than is allowed by law,
did then and there wilfully, unlawfullly and feloniously drive, manage and operate said vehicle in a careless, reckless and
imprudent manner, causing as a result of his carelessness, recklessness and imprudence to bump and hit a cargo trailer
truck bearing Plate No. CES 518 which was improperly and carelessly parked along the right shoulder of the road by
accused Rolando M. Flores, driver of said cargo trailer truck, thereby causing fatal injuries upon Virginia Lapid Vda. de
Diwa, occupant of said Ford Fiera Crew Cab, which directly caused her death shortly thereafter, and inflicted physical
injuries upon the following occupants of said Ford Fiera Crew Cab, to Wit: Sdjad

Armin Q. Manalansan - which required and did require medical attendance for a period of more than thirty (30) days and
incapacitated and did incapacitate said victim from performing her customary labor for the same period of time;

Mylene S. Gigante - which required and did require medical attendance for a period o five (5) to seven (7) days and
incapacitated and did incapacitate from performing her customary labor for the same period of time;

Luzviminda S. Diwa - which required and did require medical attendance for less than two (2) weeks and incapacitated
and did incapacitate her from performing her customary labor for the same period of time;

Mark S. Diwa - which required and did require medical attendance for an unknown duration an incapacitated and did
incapacitate him from performing his customary labor for the same period of time.

All contrary to law."[1]

The facts of the case as summarized by the respondent court are as follows:
"On July 9, 1989 at around 7:00 P.M. along the Olongapo-Gapan Road in the vicinity of barangay Cabetican, Bacolor,
Pampanga, the appellant was driving his Ford Fiera with ten (10) passengers. They came from the Manila International
Airport bound to Dinalupihan, Bataan.

One of the vehicles tire suddenly hit a stone lying in the road, while thus cruising, which caused the appellant to lose
control and collide with the rear of an improperly parked cargo truck trailer driven by accused Rolando M. Flores. As a
result of the collision, five (5) passengers suffered varying degrees of injuries." [2]

While trial ensued, accused truck driver Rolando M. Flores remained at-large.

On March 21, 1994, the trial court promulgated its decision, disposing as follows:

"WHEREFORE, the Court finds the accused guilty beyond reasonable doubt hereby sentences him to suffer an
indeterminate penalty of imprisonment of two (2) months and one (1) day of arresto mayor, as minimum, to two (2)
years, ten (10) months and twenty (20) days of Prision Correccional, as maximum.

The accused is likewise ordered to: Jjjuris

1) Pay the heirs of Virginia Lapid Vda. de Diwa the amount of P50,000.00 as indemnity;

2) P6,320.00 as and for actual expenses incurred by Luzviminda Diwa, representing medical and funeral expenses; and

3) Cost of suit.

SO ORDERED."

Subsequently, on June 10, 1994, the court modified its decision after the accused filed his motion for reconsideration
dated April 4, 1994. The modified judgment reads:

"WHEREFORE, the Decision promulgated on March 21, 1994 is hereby modified as follows:

The Court, finding accuse Alberto Austria guilty beyond reasonable doubt of the crime of Reckless Imprudence Resulting
in Serious Physical Injuries (Art. 365 in relation to Art. 263 (3), Revised Penal Code), hereby sentences the said accused to
suffer a[n] indeterminate penalty of imprisonment of one (1) month and one (1) day to four (4) months of arresto mayor.

The said accused is likewise ordered to indemnify Luzviminda Diwa the amount of P1,345.75; Mark Diwa the amount of
P4,716.31; and Mylene Gigante the amount of P6,199.62 as and for actual damages incurred.

No pronouncement as to the civil liability of the accused to private complainant Armin Manalansan considering that the
latter filed a separate civil action against accused Alberto Austria before the Regional Trial Court of Bataan (TSN., p. 7,
February 18, 1992).

SO ORDERED."[3]

Defendant Austria timely appealed his conviction before the Court of Appeals, which affirmed with modifications the
lower court's decision. The appellate court's decision disposed as follows: Jurismis

"WHEREFORE, foregoing considered, the appealed decision is AFFIRMED with modification that: 1) a straight penalty of
one (1) month and one (1) day of arresto mayor for the imprisonment of the accused is imposed; and 2) the award in
favor of Mylene Gigante of P6,199.62 is deleted.

SO ORDERED."[4]

Petitioner now comes before the Court assigning the following errors:
1. THE RESPONDONT COURT ERRED IN AFFIRMING THE PETITIONER'S CONVICTION FOR THE CRIME OF RECKLESS
IMPRUDENCE;

2. THE RESPONDENT COURT ERRED IN FINDING THE PETITIONER NEGLIGENT ;

3. THE RESPONDENT COURT ERRED IN AWARDING DAMAGES TO THE PRIVATE COMPLAINANTS;

4. IF THE PETITIONER IS INDEED GUILTY OF SIMPLE NEGLIGENCE, THE RESPONDENT COURT ERRED IN IMPOSING A
PENALTY OF ARRESTO MAYOR, INSTEAD OF DESTIERRO.

Petitioner faults respondent court for its failure to appreciate and give credence to his testimony that when the accident
occurred, the petitioner was driving along the Olongapo-Gapan road on the lane properly belonging to him and driving
at a moderate speed.[5] Petitioner cites the case of Phoenix Construction, Inc. v. Intermediate Appellate Court, 148 SCRA
353 (1987), which he alleges, contains a set of almost identical facts. Further, he claims that the other driver's negligence
in parking his vehicle caused the collision. [6] He asserts that the truck driver, Rolando Flores, negligently parked his trailer
truck with the rear end protruding onto road, without any warning device. This being so, he should not be held
responsible for Flores' negligence.[7]Lexjuris

Worth noting, the first and second assigned errors are factual in nature. As a general rule, findings of fact of the Court of
Appeals are binding and conclusive upon this Court, and we will not normally disturb such factual findings unless the
findings of the court are palpably unsupported by the evidence on record or unless the judgment itself is based on
misapprehension of facts.[8] We find no palpable factual error that would warrant a reversal of the appellate courts
factual determination in this wise:

"In his direct examination, the appellant admitted that he saw the trailer at a distance of about six ( 6) meters but at the
same time stated that the distance of the focus of the vehicle's headlight in dim position was twenty (20) meters. These
inconsistent statements, taken together with his claim on cross-examination that he saw the trailer only when he
bumped it, only show that he was driving much faster than thirty (30) kilometers per hour. Assuming that he was driving
his vehicle at that speed of thirty (30) kilometers per hour, appellant would have not lost control of the vehicle after it hit
the stone before the collision. Under these circumstances, the appellant did not exercise the necessary precaution
required of him. He was negligent."[9]

While we note similarities of the factual milieu of Phoenix to that of the present case, we are unable to agree with
petitioner that the truck driver should be held solely liable while the petitioner should be exempted from liability.
In Phoenix, we ruled that the driver of the improperly parked vehicle was liable and the driver of the colliding car
contributorily liable. We agree with the respondent court in its observation on the petitioners culpability: "That he had
no opportunity to avoid the collision is of his own making and [this] should not relieve him of liability." [10] Patently, the
negligence of the petitioner as driver of the Ford Fiera is the immediate and proximate cause of the collision.

On the third issue, petitioner argues that there is no basis for the award of damages since the medical certificates and
receipts presented did not directly reveal the relation of these documents to the accident. Petitioner's argument is
flawed. The materiality of these documents is amply supported by evidence on record, and we are constrained to adhere
to these factual holding of the appellate court, thus:

"The award of liability by the trial court to Luzviminda Diwa and Mark Diwa was justified because the expenses for
hospitalization and treatments were incurred as a direct result of the collision caused by the appellant's negligence. The
fact that the doctors did not testify on the medical certificates is of no moment. Appellant's counsel admitted their due
execution and genuiness (sic) during the trial." [11]Jlexj

Anent the last issue, petitioner prays for the modification of the penalty. He avers that respondent court erred when it
found the petitioner guilty of simple negligence and imposed a straight penalty of One (1) month and One (1) day
of arresto mayor,invoking the second paragraph of Art. 365 of the Revised Penal Code, in relation to the sixth paragraph
of the same article. He submits that the correct and proper penalty to be imposed against him should be destierro.

It is not quite accurate, however, for the petitioner to state that the respondent court found him guilty of simple
negligence. The assailed decision reveals that the respondent court AFFIRMED the findings of the trial court convicting
the accused beyond reasonable doubt for the crime of Reckless Imprudence resulting in Serious Physical Injuries. The
respondent court only MODIFIED the trial court's decision by imposing the straight penalty of one (1) month and one (1)
day of arresto mayorand deleted the award in favor of Mylene Gigante in he amount of P6,199.62. [12]

We find nothing objectionable legally in the imposition of a straight penalty of one (1) month and one (1) day of arresto
mayor by the respondent court against the petitioner. The penalty imposed is well within the limits fixed by law and
within the sound discretion of the respondent court as well. As Article 365 pertinently provides:

"Art. 365. Imprudence and negligence. - Any person who, by reckless imprudence, shall commit any act which, had it
been intentional, would constitute a grave felony, shall suffer the penalty of arresto mayor in its maximum period
toprision correccional in its medium period; if it would have constituted a less grave felony, the penalty of arresto
mayor in its minimum and medium periods shall be imposed; if it would have constituted a light felony, the penalty
of arresto menor in its maximum period shall be imposed.

x x xCourt

In the imposition of these penalties, the courts shall exercise their sound discretion, without regard to the rules
prescribed in article sixty-four." (Revised Penal Code)

Since the determination of the minimum and maximum periods of the penalty as provided by law is left entirely to the
discretion of the respondent court, its exercise of that discretion will not be disturbed on appeal, unless there is a clear
abuse.[13]And finding no such clear abuse in this case, we are constrained to sustain the judgment of respondent court.

WHEREFORE, the instant petition is DENIED, and the assailed decision of the Court of Appeals is AFFIRMED. Costs against
petitioner.

SO ORDERED.