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Tugade V CA, GR No. 124922
Tugade V CA, GR No. 124922
vs.
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.