Scribd Logo
Upload

Welcome to Scribd!

  • Tugade V CA, GR No. 124922

    Uploaded by

    Ridmd Tres
    16 views2 pages

    Original Title

    Tugade v CA, GR No. 124922

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    16 views2 pages

    Tugade V CA, GR No. 124922

    Uploaded by

    Ridmd Tres

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    of 2

    G.R. No.

    L-47772 August 31, 1978

    INOCENCIO TUGADE, petitioner,

    vs.

    COURT OF APPEALS, and PEOPLE OF THE PHILIPPINES, respondents.

    FERNANDO, J.:

    FACTS:

    Rodolfo was driving the Holden car, plate No. 52-19V (L-Rizal '71) owned by the Sta. Ines
    Corp. At the intersection of Ayala Avenue with Mabati Avenue, he was going to turn left on
    Makati Avenue but he stopped to wait for the left-turn signal and because a jeep in front of
    him was also at a stop ... While in that sup position, the [Holden] car was bumped from
    behind by Blue Car Taxi and by Inocencio causing damage to the car, the repairs of which
    cost P778.10 ... Tugade was then charged with Reckless Imprudence Resulting in Damage to
    Property. He pleaded not guilty and while admitting that the collision was caused by faulty
    brakes of his taxicab. After trial, the lower court held: Inocencio Tugade guilty beyond
    reasonable doubt. While Tugade, appealed from the judgment reiterating that 'the
    malfunctioning of the brakes at the time of the accident was due to a mechanical defect
    which even the exercise of due diligence of a good father of a family cannot have prevented.'
    As the lower court had found: "this witness ([Tugade]) testified that after the accident, he
    admitted that his taxicab bumped the car on his front because the brakes of his vehicle
    malfunctioned; and that the document, ..., is the handwritten statement he prepared to this
    effect." Respondent Court of Appeals, after stating that upon review of the record, it agreed
    with the trial court, its decision affirming in toto their judgment appealed from.

    Issue:

    WON the malfunctioning of the brakes at the time of the accident was considered as a
    fortuitous event.

    Ruling:

    No. As far back as Lasam v. Smith, promulgated more than half a century ago, in 1924 to be
    exact, this Court has been committed to such a doctrine. Thus; "As will be seen, these
    authorities agree that some extraordinary circumstance independent of the will of the
    obligor, or of his employees, is an essential element of a caso fortuito. Turning to the present
    case, it is at once apparent that this element is lacking. It is not suggested that the accident
    in question was due to an act of God or to adverse road conditions which could not have
    been foreseen. As far as the record shows, the accident was caused either by defects in the
    automobile or else through the negligence of its driver. That is not a caso fortuito." Lasam
    was cited with approval in the two subsequent cases of Son v. Cebu Autobus Co. and
    Necesito v. Paras.

    You might also like