I am interested in your planning activities. It was not a track race which is held on an oval and insulated from vehicular traffic. a Normally, we did not have that, your honor, except the check list of all the things that should be ready at a particular time prior to the race and the people to be involved and we have a check list to see to it that everything would be in order before the start of the race. As explained by a well-known authority on torts: "The general principle underlying the defense of assumption of risk is that a plaintiff who voluntarily assumes a risk of harm arising from the negligent or reckless conduct of the defendant cannot recover for such harm. g How about Serrano, where did you meet him? The rate of interest provided under Article 2209 of the Civil Code is 6% per annum in the absence of stipulation to the contrary. Article 2199 of the same Code, however, sets the limitation that, except as provided by law or by stipulation, one is entitled to an adequate compensation only for such pecuniary loss suffered by him as he has duly proved. The legal basis for doing so is Article 2206 (l) of the Civil Code, which stipulates that the defendant "shall be liable for the loss of the earning capacity of the deceased, and the indemnity shall be paid to the heirs of the latter; such indemnity shall in every case be assessed and awarded by the court, unless the deceased on account of permanent physical disability not caused by the defendant, had no earning capacity at the time of his death.". As a matter of fact, we had more runners in the Milo Marathon at that time and nothing happened, your Honor.52. 1 Rollo, pp. While the level of trust Intergames had on its volunteers was admirable, the coordination among the cooperating agencies was predicated on circumstances unilaterally assumed by Intergames. 88 G.R. Proximate cause has been defined as that which, in natural and continuous sequence, unbroken by any efficient intervening cause, produces injury, and without which the result would not have occurred. Duty refers to the obligation a person owes to someone else to not cause har… In fact, the appellant spouses never relied on any representation that Cosmos organized the race. The Court can proceed to review the factual findings of the CA as an exception to the general rule that it should not review issues of fact on appeal on certiorari. The court a quo erroneously concluded that the driver acted in bad faith and erroneously applied the provision of Article 21 of the same code to justify the award for bad faith is not consistent with quasi-delict which is founded on fault or negligence. 34 Art. The circumstances of the persons, time and place required far more than what Intergames undertook in staging the race. 24 SANGCO, Torts and Damages, Vol. For these deprivation, their heirs are entitled to compensation. Additionally, respondents averred that the mishap deprived them of a daily income of ₱1,000.00. "Of course, if the defense is predicated upon an express agreement the agreement must be valid, and in the light of this qualification the rule has been stated that a plaintiff who, by contract or otherwise, expressly agreed to accept a risk of harm arising from the defendant's negligent or reckless conduct, cannot recover for such harm unless the agreement is invalid as contrary to public policy. No. He went in your house? And considering that he was already eighteen years of age, had voluntarily participated in the marathon, with his parents' consent, and was well aware of the traffic hazards along the route, he thereby assumed all the risks of the race. 2 Records, pp. Although actually owned by Enriquez, following the established principle in transportation law, Lim, as the registered owner, is the one who can be held liable. No. The purpose of the statute is thwarted, and the displayed number becomes a "snare and delusion," if courts will entertain such defenses as that put forward by appellee in this case. The formula for this purpose is: Net Earning Capacity = Life Expectancy x [Gross Annual Income less Necessary Living Expenses ]96. 519; Lutz v. R. Co., 6 N.M. 496, 30 Pac. It was plotted to cover a distance of 10 kilometers, starting from the IBP Lane,38 then going towards the Batasang Pambansa, and on to the circular route towards the Don Mariano Marcos Highway,39 and then all the way back to the Quezon City Hall compound where the finish line had been set.40 In staging the event, Intergames had no employees of its own to man the race,41 and relied only on the "cooperating agencies" and volunteers who had worked with it in previous races.42 The cooperating agencies included the Quezon City police, barangay tanods, volunteers from the Boy Scouts of the Philippines, the Philippine National Red Cross, the Citizens Traffic Action Group, and the medical teams of doctors and nurses coming from the Office of the Surgeon General and the Ospital ng Bagong Lipunan.43 According to Jose R. Castro, Jr., the President of Intergames, the preparations for the event included conducting an ocular inspection of the route of the race,44 sending out letters to the various cooperating agencies,45 securing permits from proper authorities,46 putting up directional signs,47 and setting up the water stations.48. Dear PAO, My name is being included as a suspect in an alleged homicide case. Accordingly, appellant Intergames is only bound to exercise the degree of care that would be exercised by an ordinarily careful and prudent man in the same position and circumstances and not that of the cautious man of more than average prudence. Citing Equitable Leasing Corporation v. Suyom,28 the Court ruled that in so far as third persons are concerned, the registered owner of the motor vehicle is the employer of the negligent driver, and the actual employer is considered merely as an agent of such owner. 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 … What place? 100 Nacar v. Gallery Frames and/or Bordey, Jr., G.R. All that Leonora and her counsel had to say on the matter of damages other than actual or compensatory damages is this:38. Third, the wrongful act must be accompanied by bad faith, and the award would be allowed only if the guilty party acted in a wanton, fraudulent, reckless, oppressive or malevolent manner.44, In motor vehicle accident cases, exemplary damages may be awarded where the defendant�s misconduct is so flagrant as to transcend simple negligence and be tantamount to positive or affirmative misconduct rather than passive or negative misconduct. Unlike the R TC, the CA ruled that the doctrine of assumption of risk applied herein; hence, it declared Intergames and Cosmos not liable. We have recognized exceptions to the rule that the findings of fact of the CA are conclusive and binding in the following instances: (1) when the findings are grounded entirely on speculation, surmises or conjectures; (2) when the inference made is manifestly mistaken, absurd or impossible; (3) when there is grave abuse of discretion; (4) when the judgment is based on a misapprehension of facts; (5) when the findings of facts are conflicting; (6) when in making its findings the CA went beyond the issues of the case, or its findings are contrary to the admissions of both the appellant and the appellee; (7) when the findings are contrary to the trial court; (8) when the findings are conclusions without citation of specific evidence on which they are based; (9) when the facts set forth in the petition as well as in the petitioner's main and reply briefs are not disputed by the respondent; (10) when the findings of fact are premised on the supposed absence of evidence and contradicted by the evidence on record; and (11) when the CA manifestly overlooked certain relevant facts not disputed by the parties, which, if properly considered, would justify a different conclusion.31 Considering that the CA arrived at factual findings contrary to those of the trial court, our review of the records in this appeal should have to be made. We consider the "safeguards" employed and adopted by Intergames not adequate to meet the requirement of due diligence. 980, 125 S. W.2d 793; Rutter v. Northeastern Beaver Country School District, 1981, 496 Pa. 590, 437 A.2d 1198 (involving a 16- year old high school football player). [Seagull Shipmanagement and Transport, Inc. vs. NLRC, 333 SCRA 236(2000)] Moral damages are awarded to enable the injured party to obtain means, diversions or amusements that will serve to alleviate the moral suffering he has undergone, by reason of the defendant's culpable action.35, In prayers for moral damages, however, recovery is more an exception rather than the rule. In impleading Lim, on the other hand, respondents invoke the latter�s vicarious liability as espoused in Article 2180 of the same Code: The obligation imposed by Article 2176 is demandable not only for one�s own acts or omissions, but also for those of persons for whom one is responsible. There are several competing theories of proximate cause (see Other factors). In this appeal, the petitioners submit that the CA gravely erred: x x x in reversing the RTC Decision, (and) in holding that respondent Intergames was not negligent considering that: 1. Although he had surveyed the route prior to the race and should be presumed to know that he would be running the race alongside moving vehicular traffic, such knowledge of the general danger was not enough, for some authorities have required that the knowledge must be of the specific risk that caused the harm to him.81 In theory, the standard to be applied is a subjective one, and should be geared to the particular plaintiff and his situation, rather than that of the reasonable person of ordinary prudence who appears in contributory negligence.82 He could not have appreciated the risk of being fatally struck by any moving vehicle while running the race. According to Manresa, liability for personal acts and omissions is founded on that indisputable principle of justice recognized by all legislations that when a person by his act or omission causes damage or prejudice to another, a juridical relation is created by virtue of which the injured person acquires a right to be indemnified and the person causing the damage is charged with the corresponding duty of repairing the damage. An ordinary boy of that age is practically as well advised as to the hazards of baseball, basketball, football, foot races and other games of skill and endurance as is an adult, In the case at bar, the "1st Pop Cola Junior Marathon" held on June 15, 1980 was a race the winner of which was to represent the country in the annual Spirit of Pheidippides Marathon Classic in Greece, if he equals or breaks the 29-minute mark for the 19-km. : [T]o promote the sales of "Pop Cola", defendant Cosmos, jointly with Intergames, organized an endurance running contest billed as the "1st Pop Cola Junior Marathon" scheduled to be held on June 15, 1980. 491, 493; 126 S.C. 416. 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 whole theory of negligence presuppose some uniform standard of behavior which must be an external and objective one, rather than the individual judgment good or bad, of the particular actor; it must be, as far as possible, the same for all persons; and at the same time make proper allowance for the risk apparent to the actor for his capacity to meet it, and for the circumstances under which he must act. The nexus or connection of the cause and effect, between a negligent act and the damage done, must be established by competent evidence. 41 Soberano, et al. Based on the question of the Court and your answer to the question of the Court, are you trying to say that this planning before any race of all these groups who have committed to help in the race, this is not done in any part of the world? The foregoing characterization by the RTC indicated that Intergames' negligence was gross. Intergames staunchly insists that it was not liable, maintaining that even assuming arguendo that it was negligent, the negligence of the jeepney driver was the proximate cause of the death of Rommel; hence, it should not be held liable. I attest that the conclusions in the above Decision had been reached in consultation before the case was assigned to the writer of the opinion of the Court’s Division. 49-78: penned by Associate Justice Renato C. Dacudao (retired), with the concurrence of Presiding Justice Cancio C. Garcia (later a Member of the Court) and Associate Justice Danilo B. Pine (retired). 2. de Bataclan v. Medina, 102 Phil. Another failing on the part of Intergames was the patent inadequacy of the personnel to man the route. 1 Rollo, pp. Q So, in this case, you actually requested for the traffic authorities to block off the route? If so, it was the duty of the actor to take precautions to guard against that harm. And, thirdly, the negligence of the jeepney driver, albeit an intervening cause, was not efficient enough to break the chain of connection between the negligence of Intergames and the injurious consequence suffered by Rommel. 157917, August 29, 2012, 679 SCRA 208, 234. q Was there an occasion where before the race you met with these three people together since you did not meet with Panelo anytime? Negligence is defined 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.21. The Quezon City Traffic Detachment took charge of traffic control by assigning policemen to the traffic route. 41 According to Castro, Jr., Intergarnes had only two employees: himself as President (TSN, Septcmber4, 1984, pp. All factors considered, the Court believes that it is fair and reasonable to fix the monthly income that the two would have earned in 1993 at ₱8,000.000 per month (or ₱96,000.00/year) and their deductible living and other incidental expenses at ₱3,000.00 per month (or ₱36,000.00/year).93 (bold underscoring supplied for emphasis). Appellant Intergames choose the Don Mariano Marcos Avenue primarily because it was well-paved; had wide lanes to accommodate runners and vehicular traffic; had less corners thus facilitating easy communication and coordination among the organizers and cooperating agencies; and was familiar to the race organizers and operating agencies. Exemplary Damages. This Court does not agree. The trial court in its decision said that the accident in question could have been avoided if the route of the marathon was blocked off from the regular traffic, instead of allowing the runners to run together with the flow of traffic. x x x. P/Lt. When a bus strikes a car, the bus drivers actions are the actual cause of the accident. The RTC observed that the safeguards allegedly instituted by Intergames in conducting the marathon had fallen short of the yardstick to satisfy the requirements of due diligence as called for by and appropriate under the circumstances; that the accident had happened because of inadequate preparation and Intergames' failure to exercise due diligence;19 that the respondents could not be excused from liability by hiding behind the waiver executed by Rommel and the permission given to him by his parents because the waiver could only be effective for risks inherent in the marathon, such a:s stumbling, heat stroke, heart attack during the race, severe exhaustion and similar occurrences;20 that the liability of the respondents towards the participants and third persons was solidary, because Cosmos, the sponsor of the event, had been the principal mover of the event, and, as such, had derived benefits from the marathon that in turn had carried responsibilities towards the participants and the public; that the respondents' agreement to free Cosmos from any liability had been an agreement binding only between them, and did not bind third persons; and that Cosmos had a cause of action against Intergames for whatever could be recovered by the petitioners from Cosmos.21, The petitioners contended that the RTC erred in not awarding damages for loss of earning capacity on the part of Rommel for the reason that such damages were not recoverable due to Rommel not yet having finished his schooling; and that it would be premature to award such damages upon the assumption that he would finish college and be gainfully employed.22, On their part, Cosmos and Intergames separately raised essentially similar errors on the part of the RTC, to wit: (1) in holding them liable for the death of Rommel; (2) in finding them negligent in conducting the marathon; (3) in holding that Rommel and his parents did not assume the risks of the marathon; (4) in not holding that the sole and proximate cause of the death of Rommel was the negligence of the jeepney driver; and (5) in making them liable, jointly and solidarily, for damages, attorney's fees and expenses of litigation.23. q When did you last meet rather how many times did you meet with Esguerra before the marathon on June 15? q You also stated Mr. Castro that you did not have any action plan or brochure which you would indicate, an assignment of each of the participating group as to what to do during the race. a I cannot recall at the moment, your honor, since it was already been almost six years ago. The presumption is juris tantum and not juris et de jure; consequently, it may be rebutted. No. Moreover, the damages must be shown to be the proximate result of a wrongful act or omission. As such, there can be no other conclusion but to hold Lim vicariously liable with Mendoza. Actual cause, also known as cause in fact, is straightforward. In B.F. Metal (Corp.) v. Sps. Employers shall be liable for the damages caused by their employees and household helpers acting within the scope of their assigned tasks, even though the former are not engaged in any business of industry. It is conduct likely to cause foreseeable harm. Proximate Cause and "Cause-In-Fact" First, it's important to note that a traffic accident may have both a proximate cause and a "cause-in-fact" component, and these are not always one and the same. The particular unit assigned during the race underwent extensive training and had been involved in past marathons, including marathons in highly crowded areas. q Are you asking, your honor, as a race director of I will check this because if I do that, I won't have a race because that is not being done by any race director anywhere in the world? Proximate cause requires the plaintiff’s harm to be a reasonably foreseeable consequence of the defendant’s wrongful action. Examples of gross negligence include: Moral damages are not meant to be punitive but are designed to compensate and alleviate the physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded feelings, moral shock, social humiliation, and similar harm unjustly caused to a person. In order for liability from negligence to arise, there must be not only proof of damage and negligence, but also proof that the damage was the consequence of the negligence. (sic) it is Mr. Greg Panelo. 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 … Owing to the incident, an Information for reckless imprudence resulting in damage to property and multiple physical injuries was filed against Mendoza.9 Mendoza, however, eluded arrest, thus, respondents filed a separate complaint for damages against Mendoza and Lim, seeking actual damages, compensation for lost income, moral damages, exemplary damages, attorney�s fees and costs of the suit.10 This was docketed as Civil Case No. The court a quo has decided questions of substance in a way not in accord with law or with the applicable decisions of the Supreme Court when it awarded: a. Article 21 deals with acts contra bonus mores, and has the following elements: (1) There is an act which is legal; (2) but which is contrary to morals, good custom, public order, or public policy; (3) and it is done with intent to injure.43 In the present case, it can hardly be said that Mendoza�s negligent driving and violation of traffic laws are legal acts. It did not instruct the volunteers on how to minimize, if not avert, the risks of danger in manning the race, despite such being precisely why their assistance had been obtained in the first place. CV No. 2d 962, 167 N .J .7. 81 Id., citing Garcia v. City of South Tucson, App. Although many actual causes can exist for an injury (e.g., a pregnancy that led to the defendant's birth), the law does not attach liability to all the actors responsible for those causes. 13 Folder of Exhibits, p. 6; Exhibit "E-3.". Although respondents alleged in their complaint that the damage to their Isuzu truck caused them the loss of a daily income of ₱1,000.00, such claim was not duly substantiated by any evidence on record, and thus cannot be awarded in their favor. It should have, for doing so would have conformed to jurisprudence whereby the Court has unhesitatingly allowed such recovery in respect of children, students and other non-working or still unemployed victims. 457, 18 L.R.A. Whether or not the appellants Abrogar are entitled to be compensated for the "loss of earning capacity" of their son Rommel. Also there is no direct or immediate causal connection between the financial sponsorship and the death of Rommel Abrogar. Ordering the [petitioners] except Enriquez to pay [respondents], jointly and severally, the amount of ₱50,000.00 as attorney�s fees; 5. Intergames had no right to assume that the volunteers had already been aware of what exactly they would be doing during the race. 23 TSN, 18 September 1998, p. 1; Testimony of Anlap. Petitioners, on the other hand, presented Teresita Gutierrez (Gutierrez), whose testimony was offered to prove that Mayamy Bus or Mayamy Transport is a business name registered under her name, and that such business is a sole proprietorship. The Manila Times-February 16, 2020. The race organized by Intergames was a junior marathon participated in by young persons aged 14 to 18 years. Such familiarity of the organizer with the route and the fact that previous races had been conducted therein without any untoward incident56 were not in themselves sufficient safeguards. PRESBITERO J. VELASCO, JR.Associate JusticeChairperson. Moreover, the failure of Mr. Jose R. Castro, Jr. to produce records of the lists of those constituting the volunteer help during the marathon is not fatal to the case considering that one of the volunteers, Victor Landingin of the Citizens Traffic Action (CTA) testified in court that CTA fielded five units on June 15, 1980, assigned as follows: (1) at the sphere head; (2) at the finish line; (3) tail ender; (4) & (5) roving. For the loss of a son, it is unquestionable that plaintiffs suffered untold grief which should entitle them to recover moral damages, and this Court believes that if only to assuage somehow their untold grief but not necessarily to compensate them to the fullest, the nominal amount of ₱l00,00.00 should be paid by the defendants. Q: Did you ever spend covering attorney�s fees? L-59514, February 25, 1988, 158 SCRA 138, 145-146. In a road race, there is always the risk of runners being hit by motor vehicles while they train or compete. Assailed in the present appeal by certiorari is the Decision1 dated 29 September 2003 of the Special Fourth Division of the Court of Appeals (CA) in CA-G.R. Article 2208 of the Civil Code enumerates the instances when attorney�s fees may be recovered: Art. As such, these are the amounts that respondents are entitled to as actual and compensatory damages. Intergames further conceded that the marathon could have been staged on a blocked-off route like Roxas Boulevard in Manila where runners could run against the flow of vehicular traffic.53 Castro, Jr. stated in that regard: q What law are you talking about when you say I cannot violate the law? Thus, if the plaintiff fails to take the witness stand and testify as to his social humiliation, wounded feelings and anxiety, moral damages cannot be awarded. 553-554. Furthermore, where a person voluntarily participates in a lawful game or contest, he assumes the ordinary risks of such game or contest so as to preclude recovery from the promoter or operator of the game or contest for injury or death resulting therefrom. The responsibility of Cosmos was just to provide the sponsor's money. Yes, there is greater risk when you run with the traffic than when you run against the traffic to a certain level, it is correct but most of the races in Manila or elsewhere are being run in accordance with the flow of the traffic. There is ample authority, cited in Prosser,83 to the effect that a person does not comprehend the risk involved in a known situation because of his youth,84 or lack of information or experience,85 and thus will not be taken to consent to assume the risk. 175172, 29 September 2009, 601 SCRA 270, 288. 2. The use of the name Cosmos was done for advertising purposes only; it did not mean that it was an organizer of the said marathon. The reason for this is found in the obvious truth that man should subordinate his acts to the precepts of prudence and if he fails to observe them and causes damage to another, he must repair the damage.24 His negligence having caused the damage, Mendoza is certainly liable to repair said damage. In a legal sense, the term proximate cause refers to a thing that happened to cause something else to occur. Under such doctrine, a person who has not committed the act or omission which caused damage or injury to another may nevertheless be held civilly liable to the latter either directly or subsidiarily under certain circumstances.25 In our jurisdiction, vicarious liability or imputed negligence is embodied in Article 2180 of the Civil Code and the basis for damages in the action under said article is the direct and primary negligence of the employer in the selection or supervision, or both, of his employee.26. 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