Fernando Et Al vs. CA

SOFIA FERNANDO ET AL vs.
THE HONORABLE COURT OF APPEALS AND CITY OF DAVAO

G.R. No. 92087 May 8, 1992
MEDIALDEA, J.
FACTS: A bid for the re-emptying of the septic tank of the Agdao Public Market was issued where one
Feliciano Bascon (Bascon) was declared a winner. However, before Bascon actually took over the
project, bidder Aurelio Bertulano (Bertulano) and five others were found dead inside the septic tank.
Upon investigation, it was found out that Bertulano and his companions entered the septic tank without
clearance from the City Engineer’s Office nor with the knowledge of and consent of the market master.
With the death of Bertulano and his companions, their heirs filed an action for damages against the
City of Davao. The trial court dismissed the case. On appeal, the IAC initially reversed the trial court’s
decision and ordered the City of Davao to pay damages to the heirs. However, upon motion for
reconsideration, the IAC dismissed the case. Hence, this petition imputing negligence to the City of
Davao for failure to clean the septic tank for long years resulting in an accumulation of hydrogen sulfide
gas which killed Bertulano and his companions. Petitioners further alleged that such negligence of the
City of Davao was the proximate cause of Bertulano and his companions’ death.
ISSUE: Whether the City of Davao is negligent; Whether the negligence of the City of Davao is the
immediate and proximate cause of Bertulano and his companions’ death.
RULING: NO.
To be entitled to damages for an injury resulting from the negligence of another, a claimant must
establish the relation between the omission and the damage. He must prove under Article 2179 of the
New Civil Code that the defendant's negligence was the immediate and proximate cause of his injury.
Proximate cause has been defined as that cause, which, in natural and continuous sequence unbroken
by any efficient intervening cause, produces the injury, and without which the result would not have
occurred (Vda. de Bataclan, et al. v. Medina, 102 Phil. 181, 186). Proof of such relation of cause and
effect is not an arduous one if the claimant did not in any way contribute to the negligence of the
defendant. However, where the resulting injury was the product of the negligence of both parties, there
exists a difficulty to discern which acts shall be considered the proximate cause of the accident. In
Taylor v. Manila Electric Railroad and Light Co. (16 Phil. 8, 29-30), this Court set a guideline for a judicious
assessment of the situation:
Difficulty seems to be apprehended in deciding which acts of the injured party shall be considered
immediate causes of the accident. The test is simple. Distinction must be made between the accident
and the injury, between the event itself, without which there could have been no accident, and those
acts of the victim not entering into it, independent of it, but contributing to his own proper hurt.
While it may be true that the public respondent has been remiss in its duty to re-empty the septic tank
annually, such negligence was not a continuing one. Upon learning from the report of the market
master about the need to clean the septic tank of the public toilet in Agdao Public Market, the public
respondent immediately responded by issuing invitations to bid for such service. Thereafter, it awarded
the bid to the lowest bidder, Mr. Feliciano Bascon. The public respondent, therefore, lost no time in
taking up remedial measures to meet the situation.
In view of this factual milieu, it would appear that an accident such as toxic gas leakage from the
septic tank is unlikely to happen unless one removes its covers. The accident in the case at bar occurred
because the victims on their own and without authority from the public respondent opened the septic
tank. Considering the nature of the task of emptying a septic tank especially one which has not been
cleaned for years, an ordinarily prudent person should undoubtedly be aware of the attendant risks.
The victims are no exception; more so with Mr. Bertulano, an old hand in this kind of service, who is
presumed to know the hazards of the job. His failure, therefore, and that of his men to take
precautionary measures for their safety was the proximate cause of the accident.

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SOFIA FERNANDO ET AL vs.

THE HONORABLE COURT OF APPEALS AND CITY OF DAVAO

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