Char: Good Morning Ladies and Gentlemen!

Here we are again on another episode of CNN, Cordillera Nation

News. My name is Charity Ciano, and I will be your host for today.
Today we will be discussing about Torts and Damages, specifically on the Defenses Against Charge of
Negligence, Fortuitous Event and the Different Categories of Causes.
And to discuss these topics with us, we have here very special and should I say handsome guests?: Retired Chief
Justice Alvin Ordillo and one of the most prominent Lawyer, Atty. Antonio Manaligod. He is also the Founder of
the Non-Government Organization 'Torquere Pilipinas', which specializes on Torts and Damages cases.
Good Morning Sirs, and thank you for being with us today.
Alvin: Yes, Good morning. It's my pleasure to be here.
Antonio: Good morning. Thank you also for inviting me.
Char: So, as an introduction, Tort consists in the violation of a right given or the omission of a duty imposed by law
or simply stated as the breach of a legal duty, as defined under the case of Naguiat v. NLRC.
So Atty. Manaligod, would you tell us about the defenses against charge of negligence?
Antonio: (Bahala ka na kung pano mo e-explain xD)
***Site the case of Bernardo vs. Legaspi and PLDT v. CA as an example.
Char: Sir, what if for example, an experienced carpenter tried fixing a roof of a house but then he was electrocuted
to his death because he made contact to an electric wire, who would be liable?
Antonio: Ah yes, actually there was a case about such scenario... (discuss Manila Electric v. Remoquillo case)
A prior and remote cause (which furnishes the condition or gives rise to the occasion by which an injury was made
possible) cannot be the basis of an action if a distinct, successive, unrelated and efficient cause of the injury
intervenes between such prior and remote cause and the injury.
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 circumstances which result
in injury because of the prior defective condition, such subsequent act or condition is the proximate cause.
Char: Oh, so what we really need to take note is the proximate cause of the incident. But what is this Proximate
Cause? Could you please elaborate more on this Sir for us to understand?
Antonio: Proximate Cause- any cause which, in natural and continuous sequence, unbroken by any efficient
intervening cause, produces the result complained of and without which would not have occurred and from which it
ought to have been foreseen or reasonably anticipated by a person of ordinary case that the injury complained of or
some similar injury, would result therefrom as a natural and probable consequence. 1
(Relate it to the case of Manila Electric v. Remoquillo? Heheh)
Char: Ohh.. Okay.. So how about the Contributory Negligence of Plaintiff? What is this about?
Antonio: To make it more understandable, I have this one case I handled before, the case of Spouses Vergara v.
Heirs of Sonkin... (discuss the case then relate it to Art. 2179 and Art. 2214 or just cite the provision xD)
Char: What is this Contributory Negligence?
Antonio: Under the case of Ma-ao Sugar v. CA, it was defined as "the act or omission amounting to want of
ordinary care on the part of the person injured which, concurring with the defendant's negligence, is the proximate
cause of the injury.
Char: What must be shown to hold a person as having contributed to his injuries?

1 People v. Desalina
Antonio: Ah! That's a good question, actually I handled a case where... (facts of Anonuevo v. CA) ... the court held
that it must be shown that he performed an act that brought about his injuries in disregard of warnings or signs of an
impending danger to health and body.
To prove contributory negligence, it is still necessary to establish a causal link, although not proximate, between the
negligence of the party and the succeeding injury. In a legal sense, negligence is contributory only when it
contributes proximately to the injury, and not simply a condition for its occurrence.
Char: Sir, we have a question here from our twitter account. It says here: "How about the Tanay Bus Accident is
it considered as a Contributory Negligence on the part of the bus driver?"
Antonio: (Ikaw na bahala kung pano mo sasagutan mehehe xD)
Char: Sir, I'm a bit confused. What is the difference between Contributory Negligence and Proximate Cause?
Antonio: (Refer to your PowerPoint ^^)
Char: Let's now discuss about the Effects of Contributory Negligence, could you tell us something about this sir?
Antonio: (Discuss the case of Lambert v. Heirs of Castillon and Genobiagon v. CA and the doctrines of the case)
Char: Sir we have a question from one of our viewers, let's watch this...
PLAY VTR. Q: What if in a road accident, a jaywalker was bumped by a fast speeding car which resulted to the
death of the jaywalker, who is at fault? Was there a contributory negligence on the part of the jaywalker?
Antonio: (Discuss the case of Genobiagon v. CA)
Char: Let's now go to Fortuitous Event.
----- x x x -----
Char: Alright! We shall now proceed in discussing the Causes of Negligence, I know our retired Chief Justice has
been waiting for this, he he he. So Sir, tell us about the Different Categories of Causes of Negligence.
Alvin: (Bahala ka na din kung paano mo sila explain. Cite the doctrines in the cases)
Char: With regards to the proximate cause, what are the tests to determine them?
Alvin: (Discuss the tests and the cases therein, especially Picart v. Smith)
Last Clear Chance- 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.
Char: On the test of Last Clear Chance, does it only applies to car accidents?
Alvin: (Bahala ka sumagot xD) (Relate the case of Consolidated Bank v. CA)
Char: Alright! Wow, this has been a very educating episode for us.
And to end this episode we will leave a quote by Earl Warren,
"It is the spirit and not the form of law that keeps justice alive."
Thank you very much and Good day!