defenses in negligence cases(1)

7/28/2019 Defenses in Negligence Cases(1)

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Defenses In Negligence CasesPrepared by:

Cabahug, Sheila

Carbonel, Jeff

Tan, Dominique


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Fortuitous Event

Concept of Fortuitous Event

A person is not liable if the cause of damage isfortuitous; an event which could not be foreseen,or which though foreseen, was inevitable (Art.1174, New Civil Code)

Partidas as caso fortuito


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Fortuitous Event

Elements of Fortuitous Event1. The cause of the unforeseen and unexpected occurrence, or of

the debtor to comply with his obligation, must be independentof the human will

2. It must be impossible to foresee the event, or if it can beforeseen it must be impossible to avoid

3. The occurrence must be such as to render it impossible for the

debtor to fulfill his obligation in a normal manner4. The obligor must be free from any participation in the

aggravation of the injury resulting to the creditor


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NATIONAL POWER CORPORATION, et al. v. THE COURT OF APPEALS,GAUDENCIO C. RAYO, et al. (222 SCRA 415) May 21, 1993

Facts: The plaintiffs sought to recover for actual and other damages for

the loss of lives and the destruction to property caused by theinundation of the town of Norzagaray, Bulacan on 26-27 October1978

Defendant NPC allege that they exercised due care, diligence andprudence in the operation and maintenance of the hydroelectric

plant as manifested by the written notices sent to the differentmunicipalities in Bulacan as a warning about the impendingrelease of a large volume of water with the onset of typhoonKading and advising them to take the necessary precautions


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NATIONAL POWER CORPORATION, et al. v. THE COURT OF APPEALS,GAUDENCIO C. RAYO, et al. (222 SCRA 415) May 21, 1993

Issue:

Whether or not the herein petitioners were guiltyof patent gross and evident lack of foresight,imprudence and negligence in the managementand operation of Angat Dam

Held:

Petitioners were guilty of negligence

The event was not occasioned exclusively by an act ofGod orforce majeure; a human factor negligenceor imprudence had intervened


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SOUTHEASTERN COLLEGE, INC. v. COURT OFAPPEALS, et al. (G.R. No. 126389) July 10, 1998

Facts: Buffeted by very strong winds, the four-storey school

building owned by the herein petitioner was partlyripped of and blown away, landing and destroyingportions of the roofing of the respondents house

After the typhoon had passed, an ocular inspection of

the destroyed buildings was conducted headed by thecity building official whom declared that structuralhazards were discovered to the subject schoolbuilding


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SOUTHEASTERN COLLEGE, INC. v. COURT OFAPPEALS, et al. (G.R. No. 126389) July 10, 1998

Issue: Whether or not the petitioner was negligent, such that

if it were not, the damage caused to respondentshouse could have been avoided

Held:

Petitioner not guilty of negligence or at fault regarding

the construction and maintenance of its schoolbuilding in question

Fortuitous event (typhoon Saling) is the proximatecause of the damage suffered by the defendants by private

respondents house


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Effect of Death of Defendant

Death not a Defense

Death of the defendant will not extinguish theobligation based on quasi-delict

The case will continue through the legalrepresentative who will substitute the deceased


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Effect of Death of Defendant

Rules of Court Provisions

Whenever a party to a pending action dies, and theclaim is not thereby extinguished, it shall be theduty of his counsel to inform the Court withinthirty (30) days after such death of the factthereof, and to give the name and address of his

legal representative or representatives (Rule 3,Sec. 16, Rules Of Civil Procedure)


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Prescription

When period commences

Prescriptive period for quasi-delict is four (4)years counted from the date of the accident


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Prescription

Kramer, Jr. v. Court Of Appeals Right of action accrues when there exists a cause

of action, which consists of three (3) elements,namely:1. A right in favor of the plaintiff by whatever means

and under whatever means and under whateverlaw it arises or it is created

2. An obligation on the part of the defendant torespect such right

3. An act or omission on the part of such defendantviolative of the right of the plaintiff


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Prescription

Doctrine of Relations or Relations Back Doctrine

An act done at one time is considered by fiction oflaw to have been done at some antecedent period

Allied Banking Corporation v. Court Of Appeals

Relations Back Doctrine cannot be properlyinvoke in the computation of the prescriptiveperiod


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Prescription

Effect of Prescription on Other Sources ofObligation

Prescription of the action for quasi-delict does notoperate as a bar to an action to enforce the civilliability arising from crime

Mendoza v. La Mallorca Bus Company

Action based on Culpa Aquiliana is not a bar tothe enforcement of the subsidiary liability of theemployer


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Involuntariness

Complete defense in quasi-delict cases and thedefendant is therefore not liable if force was

exerted on him

Laidlaw v. Sage

The law presumes that an act or omission done or

neglected under the influence of pressing dangerwas done or neglected involuntarily

Self-preservation is the first lawof nature

defenses in negligence cases(1)

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