184905, August 28, 2009, the issue for resolution by the Philippine Supreme Court was whether petitioner could be held solidarily liable with his driver, Rodel Ilustrisimo, to pay respondent C.O.L. The trial court declined Plaintiff's request for a jury instruction on the doctrine of last clear chance and stated “ [b]ecause all the evidence shows that [Defendant] never saw [Scheffer].” The court determined Defendant could not have had the last clear chance to avoid Scheffer if he never saw him. 22 The doctrine necessarily assumes negligence on the … It seemed to me that losing her was just like losing my own life, or worst, and even now, there is no end to our bereavement. 47567 and its Resolution2 denying the motion for reconsideration thereof. The origin of the last clear chance doctrine is traced to Davies v. Mann, 10 M & W 546, 152 Eng.Rep. It is the responsibility of the railroad company to use reasonable care to keep the signal devices in working order. To be recoverable, they must be duly proved with a reasonable degree of certainty. As to whether or not Mercelita was guilty of contributory negligence, we agree with petitioner. The doctrine is also called a defense to a defense. It concurred with the trial court's conclusion that petitioner PNR's failure to install sufficient safety devices in the area, such as flagbars or safety railroad bars and signage, was the proximate cause of the accident. The doctrine of last clear chance states that a person who has the last clear chance or opportunity of avoiding an accident, notwithstanding the negligent acts of his opponent, is considered in law solely responsible for the consequences of the accident. He avers that between him and Iran, the latter had the last clear chance to avoid the collision, hence Iran must be held liable. doctrine of last clear chance; the drivers of the vehicles "who bump the rear of another vehicle" are presumed to be the cause of the accident, unless contradicted by other evidence; case at bar. The Lawphil Project. ₱2,800,000.00 for compensatory damages to plaintiff Ethel Brunty representing lost or unearned income of Rhonda Brunty; 3.) The exacting nature of the responsibility of railroad companies to secure public safety by the installation of warning devices was emphasized in Philippine National Railways v. Court of Appeals,28 thus: [I]t may broadly be stated that railroad companies owe to the public a duty of exercising a reasonable degree of care to avoid injury to persons and property at railroad crossings, which duties pertain both to the operation of trains and to the maintenance of the crossings. Corp. v. CA, 335 Phil. Last clear chance is a doctrine in civil law which simply states that if a plaintiff engaged in contributory negligence but the defendant could have taken action to avoid a danger, the plaintiff can still recover damages from the defendant. 59 Valenzuela v. Court of Appeals, 323 Phil. Dalton, the North Carolina Court of Appeals revisited the "last clear chance" doctrine in the context of a moped driver who was using a bicycle light at night and was struck and killed by another motorist. Moral damages are not punitive in nature, but are designed to compensate and alleviate in some way the physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded feelings, moral shock, social humiliation, and similar injury unjustly caused a person. They argue that as a professional driver, Reynaldo is presumed to be familiar with traffic rules and regulations, including the right of way accorded to trains at railroad crossing and the precautionary measures to observe in traversing the same. The finding of negligence by the RTC, as affirmed by the CA, is a question of fact which this Court cannot pass upon as it would entail going into factual matters on which the finding of negligence was based.51 The established rule is that factual findings of the CA affirming those of the trial court are conclusive and binding on this Court.52. :1 "The basis of recovery is the negligence of the defendant, that is the breach of some duty imposed by law, common or statute. A need, therefore, exists for the railroad company to use reasonable care to keep such devices in good condition and in working order, or to give notice that they are not operating, since if such a signal is misunderstood it is a menace. The harshness of the rule gave rise to the doctrine of last clear chance. absence of flagbars or safety railroad bars; (2.) Both courts ruled that the petitioners fell short of the diligence expected of it, taking into consideration the nature of its business, to forestall any untoward incident. x x x, x x x An examination of the photographs of the railroad crossing at Moncada, Tarlac presented as evidence by PNR itself would yield the following: (1.) The CA rendered the assailed Decision34 on August 15, 2005. 2. Stated differently, the antecedent negligence of plaintiff does not preclude him from recovering damages caused by the supervening negligence of defendant, who had the last fair chance to prevent the impending harm by the exercise of due diligence.63 The proximate cause of the injury having been established to be the negligence of petitioner, we hold that the above doctrine finds no application in the instant case. PHILIPPINE NATIONAL RAILWAYS CORPORATION, JAPHET ESTRANAS and BEN SAGA, Petitioners, WHEREFORE, premises considered, the petition is DENIED. The rule of last clear chance operates when the plaintiff negligently enters into an area of danger from which the person cannot extricate himself or herself. 29 Id. The collision resulted to the instantaneous death of Reynaldo, Cresencio, Crispin, and Samuel. 30 Cusi v. Philippine National Railways, 179 Phil. Even the names are confusing. * Additional Member in lieu of Associate Justice Arturo D. Brion per Special Order No. When applied in states with contributory negligence laws, it is often seen as a type of exception or limitation to those laws. It bears noting that the prevailing circumstances immediately before the collision did not manifest even the slightest indication of an imminent harm. That there was negligence on the part of PNR is, likewise, beyond cavil. However, as the heirs of Rhonda Brunty undeniably incurred expenses for the wake and burial of the latter, we deem it proper to award temperate damages in the amount of ₱25,000.00 pursuant to prevailing jurisprudence.65 This is in lieu of actual damages as it would be unfair for the victim’s heirs to get nothing, despite the death of their kin, for the reason alone that they cannot produce receipts.66. The fallo reads: WHEREFORE, judgment is hereby rendered in favor of the plaintiffs Ethel Brunty and Juan Manuel M. Garcia and against the defendant Philippine National Railways directing the latter to pay the former the sum of: 1. (Misa v. Court of Appeals, G.R. No. Last Clear Chance. The appellate court affirmed the findings of the RTC as to the negligence of the PNR. In Layugan v. Intermediate Appellate Court,17 negligence was defined as the omission to do something which a reasonable man, guided by considerations which ordinarily regulate the conduct of human affairs, would do, or the doing of something which a prudent and reasonable man would not do. 144723, February 27, 2006, 483 SCRA 222, 231; Lambert v. Heirs of Ray Castillon, G.R. Such failure is evidence of negligence and disregard of the safety of the public, even if there is no law or ordinance requiring it because public safety demands that said device or equipment be installed.58. 809, 814 (1915); Pantranco North Express, Inc. v. Baesa, 258-A Phil. It was about 12:00 midnight, January 25, 1980. The last clear chance doctrine is a frequently litigated and extremely confusing exception to Maryland’s contributory negligence law. It is a humane rule, and the reason for its existence, simply stated, is that "One cannot kill another merely because he is negligent. We note that the damages awarded by the appellate court consist of (1) ₱50,000.00 as indemnity for the death of Rhonda Brunty; (2) ₱1,000,000.00 as actual and moral damages due the heirs of Rhonda Brunty; and (3) ₱50,000.00 as and by way of attorney’s fees. x x x54, Moreover, the CA held that a vehicle coming from the Moncada side would have difficulty in knowing that there is an approaching train because of the slight curve, more so, at an unholy hour as 2:00 a.m. They concluded their complaint with a prayer for actual, moral and compensatory damages, as well as attorney’s fees.6, For their part, the petitioners claimed that they exercised due diligence in operating the train and monitoring its roadworthiness. The case was raffled to Branch 20 and was docketed as Civil Case No. 439, 451 (1999), citing Meneses v. Court of Appeals, 316 Phil. Thus, relying on his faculties of sight and hearing, Reynaldo had no reason to anticipate the impending danger.27 He proceeded to cross the track and, all of a sudden, his jeepney was rammed by the train being operated by the petitioners. 1195 dated February 15, 2012. The last clear chance doctrine could be applied to an accident on a construction site that involved a forklift operator and a commercial plumber. At least ₱72,760.00 as actual damages representing cost of the Mercedes Benz car to plaintiff Juan Manuel M. Garcia; 6.) 715, 722-724 (1995); Picart v. Smith, 37 Phil. Mercelita was instantly killed when the Mercedes Benz smashed into the train; the two other passengers suffered serious physical injuries.5 A certain James Harrow6 brought Rhonda Brunty to the Central Luzon Doctor’s Hospital in Tarlac, where she was pronounced dead after ten minutes from arrival. No. Republic of the PhilippinesSUPREME COURTManila, G.R. The doctrine of last clear chance permits a contributorily negligent plaintiff to recover damages from a negligent defendant if each of the following elements is satisfied: (i) the defendant is negligent; (ii) the plaintiff is contributorily negligent; (iii) the plaintiff makes “a showing of something new or sequential, which affords the defendant a fresh opportunity (of which he fails to … 18 Id. 31 Id. 499, 529-530 (1999). Dalton, the North Carolina Court of Appeals revisited the "last clear chance" doctrine in the context of a moped driver who was using a bicycle light at night and was struck and killed by another motorist. 50 Picart v. Smith, 37 Phil. The law, in effect, adopts the standard supposed to be supplied by the imaginary conduct of the discreet pater familias of the Roman law. If the “last clear chance” doctrine can be proven, then contributory negligence does not apply. The doctrine of last clear chance is an exception to the rule that a negli-gent plaintiff cannot recover. The doctrine of last clear chance simply means that the negligence of a claimant does not preclude a recovery for the negligence of defendant where it appears that the latter, by exercising reasonable care and prudence, might have avoided injurious consequences to claimant notwithstanding his negligence. 384, 389 (2005); Pestaño v. Sps. What clearly appears is that the accident would not have happened had the petitioners installed reliable and adequate safety devices along the crossing to ensure the safety of all those who may utilize the same. It held that Mercelita could not have foreseen the harm that would befall him and the two other passengers under the prevailing circumstances, thus, could not be considered guilty of contributory negligence.37. Rule: Last Clear Chance Doctrine —Contributory negligence of the party injured will not defeat the action if it is shown that the defendant might by the exercise of reasonable care and prudence have avoided the consequence of the injured party’s negligence. French: Torts--Last Clear Chance Doctrine Published by The Research Repository @ WVU, 1930. 146635, December 14, 2005, 477 SCRA 740, 759. 90021, which affirmed with modification the Decision2 dated March 20, 2007 of the Regional Trial Court (RTC), Branch 40, Palayan City, and Resolution3 dated October 26, 2009, which denied the petitioners’ motion for reconsideration. 190022               February 15, 2012. PURIFICACION VIZCARA, MARIVIC VIZCARA, CRESENCIA A. NATIVIDAD, HECTOR VIZCARA, JOEL VIZCARA and DOMINADOR ANTONIO, Respondents. It was established during the trial that the jeepney carrying the respondents was following a ten-wheeler truck which was only about three to five meters ahead. No. Hence, the earlier finding of contributory negligence on the part of Mercelita, which generally has the effect of mitigation of liability, does not apply. A doctrine in the law of torts which states that the contributory negligence of the party injured will not defeat the claim for damages if it is shown that the defendant might, by the exercise of reasonable care and prudence, have avoided the consequences of the negligence of the injured party. of the doctrine itself, and by an examination of some recent decisions. [Formerly 18.475] (formerly 18.475) Notes of Decisions. Subsequently, on July 21, 2009, the CA rendered the assailed decision, affirming the RTC decision with modification with respect to the amount of damages awarded to the respondents. They are entitled to great weight and respect, even finality, especially when, as in this case, the CA affirmed the factual findings arrived at by the trial court.20. NEGLIGENCE - CONTRIBUTORY NEGLIGENCE - LAST CLEAR CHANCE DOCTRINE - The last clear chance doctrine could be applied to an accident on a construction site that involved a forklift operator and a commercial plumber. Likewise, there was no crossing bar to prevent them from proceeding or, at least, a stoplight or signage to forewarn them of the approaching peril. It is said to be based on the humanitarian con- 1 Penned by Associate Justice Myrna Dimaranan Vidal, with Associate Justices Portia Aliño-Hormachuelos and Magdangal De Leon, concurring; rollo, pp. A reliable signaling device in good condition, not just a dilapidated "Stop, Look and Listen" signage, is needed to give notice to the public. His failure to maintain a safe distance between the jeepney he was driving and the truck ahead of the same prevented him from seeing the PNR signage displayed along the crossing.14, In their Comment,15 the respondents reiterate the findings of the RTC and the CA that the petitioners' negligence in maintaining adequate and necessary public safety devices in the area of the accident was the proximate cause of the mishap. In petitions for review under Rule 45 of the Revised Rules of Court, only questions of law may be put into issue, and questions of fact as a general rule, cannot be entertained. Civil liability is based on fault. THE LOWER COURT ERRED IN AWARDING ATTORNEY’S FEES TO THE PLAINTIFFS-APPELLEES.21, In its Brief, PNR insisted that the sole and proximate cause of the accident was the negligence and recklessness of Garcia and Mercelita.22 It insisted that it had provided adequate warning signals at the railroad crossing23 and had exercised due care in the selection and supervision of its employees.24 The RTC erred in awarding damages to Rhonda Brunty as she cannot be allowed to receive what she is not in a position to give, having been a non-resident alien who did not own a property in the Philippines.25 It likewise questioned the award of damages on the Mercedes Benz as well as the grant of attorney’s fees.26 At the very least, Mercelita was guilty of contributory negligence.27, For their part, appellees countered that appellant was grossly and recklessly negligent in not properly providing the necessary equipment at the railroad crossing in Rizal, Moncada, Tarlac;28 appellant was negligent in not exercising due diligence of a good father of a family in the supervision of its employees, particularly the train operator Alfonso Reyes;29 the car was driven in a careful and diligent manner, and at a moderate speed, with due regard to all traffic rules and regulations at that particular time;30 the doctrine of "last clear chance" is not applicable;31 Ethel Brunty is a non-resident alien who can rightfully file the instant case;32 and they are entitled to recover damages from appellant.33. However, in a Resolution12 dated October 26, 2009, the CA denied the same. Additionally, the "Stop, Look and Listen" signage was poorly maintained. Contributory negligence is conduct on the part of the injured party, contributing as a legal cause to the harm he has suffered, which falls below the standard to which he is required to conform for his own protection.59 To hold a person as having contributed to his injuries, it must be shown that he performed an act that brought about his injuries in disregard of warning or signs of an impending danger to health and body.60 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. Finally, the CA correctly ruled that the doctrine of last clear chance is not applicable in the instant case. In their complaint, the respondents alleged that the proximate cause of the fatalities and serious physical injuries sustained by the victims of the accident was the petitioners’ gross negligence in not providing adequate safety measures to prevent injury to persons and properties. Rhonda Brunty, daughter of respondent Ethel Brunty and an American citizen, came to the Philippines for a visit sometime in January 1980. THE TRIAL COURT ERRED IN ADJUDGING DEFENDANT-APPELLANT PNR LIABLE FOR THE DAMAGES SUFFERED BY PLAINTIFF-APPELLEE’S MERCEDES BENZ IN THE AMOUNT OF SEVENTY-TWO THOUSAND SEVEN HUNDRED AND SIXTY PESOS (₱72,760.00). 145291, September 21, 2005, 470 SCRA 495, 505; ABS-CBN Broadcasting Corporation, 361 Phil. 22 Westmont Investment Corporation v. Francia, Jr., G.R. The presence of safety warning signals at railroad crossing carries with it the presumption that they are in good working condition and that the public may depend on them for assistance. It has been accepted for inclusion in Louisiana Law Review by an authorized editor of LSU Law Digital Commons. I am still on constant medication to be able to sleep and to be able to perform my duties effectively in my job but it does not take away the pain of loss.70, In People v. Teehankee, Jr.,71 and in Metro Manila Transit Corporation v. Court of Appeals,72 we awarded moral damages in the amount of ₱1,000,000.00 to the heirs of the deceased. ETHEL BRUNTY and JUAN MANUEL M. GARCIA, Respondents. The relatives of the victim who incurred physical injuries in a quasi-delict are not proscribed from recovering moral damages in meritorious cases.67 We, therefore, sustain the award of moral damages in favor of the heirs of Rhonda Brunty. When the train was only fifty (50) meters away from the intersection, respondent Estranas noticed that all vehicles on both sides of the track were already at a full stop. Whoever, by act or omission, causes damage to another, there being fault or negligence, is obliged to pay for the damage done. In a legal sense, negligence is contributory only when it contributes proximately to the injury, and not simply a condition for its occurrence.61, The court below found that there was a slight curve before approaching the tracks; the place was not properly illuminated; one’s view was blocked by a cockpit arena; and Mercelita was not familiar with the road. In this article, we'll explain how the "last clear chance" rule works, and how it may still apply in certain types of personal injury cases. 157658, October 15, 2007, 536 SCRA 147, 155. When the plaintiff’s own negligence was the immediate and proximate cause of his injury, he cannot recover damages. However, in utter disregard of the right of way enjoyed by PNR trains, he failed to bring his jeepney to a full stop before crossing the railroad track and thoughtlessly followed the ten-wheeler truck ahead of them. 244, 257-258 (2002); Metro Manila Transit Corporation v. Court of Appeals, 359 Phil. As to whether or not the doctrine of last clear chance is applicable, we rule in the negative. At this age of modern transportation, it behooves the PNR to exert serious efforts to catch up with the trend, including the contemporary standards in railroad safety. 68102, July 16, 1992, 211 SCRA 517, 539, citing Layugan v. Intermediate Appellate Court, 167 SCRA 363 (1988). They asseverate that if there was only a level crossing bar, warning light or sound, or flagman in the intersection, the accident would not have happened. Mercelita, driving at approximately 70 km/hr, drove past a vehicle, unaware of the railroad track up ahead and that they were about to collide with PNR Train No. In the law of torts, the doctrine that excuses or negates the effect of the plaintiff's contributory Negligence and permits him or her to recover, in particular instances, damages regardless of his or her own lack of ordinary care. 139875, December 4, 2000, 346 SCRA 870, 878. He was transferred to the Manila Doctor’s Hospital, and later to the Makati Medical Center for further treatment.7. The record is, likewise, bereft of any allegation and proof as to the relationship between Mercelita (the driver) and Rhonda Brunty. 26 See National Power Corporation v. Heirs of Noble Casionan, G.R. 19 Picart v. Smith, 37 Phil. “xxx The doctrine of last clear chance provides that where both parties are negligent but the negligent act of one is appreciably later in point of time than that of the other, or where it is impossible to determine whose fault or negligence brought about the occurrence of the incident, the one who had the last clear opportunity to avoid the impending harm but failed to do so, is chargeable with the … ; Victory Liner, Inc. v. Heirs of Andres Malecdan, 442 Phil. DTW-387; 1) P50,000.00, as indemnity for the death of Cresencio Vizcara; 1) P50,000.00 as indemnity for the death of Samuel Vizcara; 1) P50,000.00 as indemnity for the death of Crispin Natividad; 1) P9,870.00 as reimbursement for his actual expenses; 1) P63,427.00 as reimbursement for his actual expenses; Unyielding, the petitioners appealed the RTC decision to the CA. 169891, November 2, 2006, 506 SCRA 685, 699. The last clear chance doctrine is a legal concept that is used in certain jurisdictions depending on the model that the particular location uses to evaluate the fault of different parties involved in a lawsuit. Although incapable of pecuniary computation, moral damages must nevertheless be somehow proportional to and in approximation of the suffering inflicted.68 In the instant case, the moral suffering of the heirs of Rhonda Brunty was sufficiently established by Ethel Brunty in her deposition,69 viz: Q: What have you felt as a result of the death of Rhonda? 667, 680 (1997), citing LBC Air Cargo, Inc. v. CA, 311 Phil. 8-9. Haley alleges the doctrine of last clear chance mandates reversal of this case and its submission to a jury. The law considers what would be reckless, blameworthy, or negligent in the man of ordinary intelligence and prudence and determines liability by that.19, In the instant petition, this Court is called upon to determine whose negligence occasioned the ill-fated incident. Considering the circumstances attendant in this case, we find that an award of ₱500,000.00 as moral damages to the heirs of Rhonda Brunty is proper. 144599, June 9, 2004, 431 SCRA 482, 499; People v. Villanueva, 456 Phil. They arise out of a sense of natural justice, aimed at repairing the wrong done. Seventy-Two Thousand Seven Hundred Sixty Pesos (₱72,760.00) Philippine Currency for damages sustained by the Mercedes Benz; 4. The last clear chance doctrine is used in tort law for cases involving negligence and is applied when both the plaintiff and defendant are responsible for an accident that resulted in harm. 3 Penned by Judge Doroteo N. Cañeba; rollo, pp. The usual legal fault in tort law is either inten- tional conduct or negligent conduct. Sumayang, 400 Phil. 1 Penned by Associate Justice Estela M. Perlas-Bernabe, with Associate Justices Elvi John S. Asuncion and Hakim S. Abdulwahid, concurring; rollo, pp. Click on the year to read the full text of the decision. 210, 222 (1995); Tay Chun Suy v. Court of Appeals, G.R. American citizen, came to the instantaneous death of Reynaldo, Cresencio, Crispin, and the aptly named doctrine. Text ; News Annotations Related Statutes ( 1 ) the doctrine of last clear chance mandates reversal of case. Unearned income of Rhonda Brunty and Garcia, who had suffered severe head injuries, was brought ambulance! Prevent the harm that the plaintiff otherwise will suffer Sugar Central Co., v.! Ignored a stop sign and continued driving ( 2006 ) ; Pestaño v. Sps Inc. 481! 441 SCRA 24, 44 59 Valenzuela v. Court of Appeals, G.R ruled the... 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