AMADOR CORPUZ and ROMEO GONZALES vs. EDISON LUGUE and CATHERINE BALUYOT,

AMADOR CORPUZ and ROMEO GONZALES vs. EDISON LUGUE and CATHERINE BALUYOT, G.R. No. 137772, July 29, 2005

FACTS:

On 14 September 1984, at around 7:15 in the morning, while an Isuzu KC-20 passenger jeep (KC-20), then being driven by Jimmy Basilio, was traversing the right side of the Roman Highway in Barangay Pias, Orion, Bataan, it collided with a tanker truck driven by Gerardo Lim, which was then moving from the right shoulder of the highway. As a consequence of the accident, passengers of the KC-20, including respondent Lugue, suffered physical injuries. Respondent Lugue then filed an action for damages arising from the vehicular incident before the Balanga, Bataan RTC, Branch 2, against herein petitioners Amador Corpuz and Romeo Gonzales, owner and driver of the minibus, respectively, and Oscar Jaring and Gerardo Lim, owner and driver of the tanker truck, respectively. Therein defendants filed a third-party complaint against Ricardo Santiago and Jimmy Basilio, owner/operator and driver of the KC-20, respectively.

 

ISSUE: whether or not the appellate court erred in holding them liable for damages based on the findings of facts adduced by the trial court.

 

RULING:

 

It is clear that the proximate cause of the injuries suffered by respondent Lugue was the collision between the KC-20 and the tanker truck. As correctly pointed out by the lower court, proximate legal cause is that acting first and producing the injury either immediately or by setting other events in motion, all constituting a natural and continuous chain of events, each having a close causal connection with its immediate predecessor, the final event in the chain immediately effecting the injury as a natural and probable result of the cause which first acted, under such circumstances that the person responsible for the first event should, as an ordinarily prudent and intelligent person, have reasonable ground to expect at the moment of his act or default that an injury to some person might probably result therefrom. This conclusion of the appellate court of recklessness on the part of petitioner Gonzales is, however, unwarranted. Based on the unchallenged testimony of petitioner Gonzales, he signaled to overtake the KC-20 because the way was clear. That despite his best effort to do everything to avoid hitting the KC-20, petitioner failed to do so because the KC-20 had moved to a position blocking the way of the minibus as a result of the tanker bumping the KC-20. Furthermore, based on the unrebutted testimony of both Remigio Gervacio and Patrocinio Carillo, at the time when the minibus hit the KC-20, the former was already moving towards the middle portion of the highway, occupying the left portion of the road, a little beyond the center line. Certainly, even assuming that petitioner Gonzales had a few seconds before actual collision, he no longer had any opportunity to avoid it. Petitioner Gonzales cannot be deemed negligent for failing to prevent the collision even after applying all means available to him within the few instants when he had discovered the impending peril.