#5 Ramos vs. COL Realty (TORTS)

G.R. No.
184905, August 28, 2009

LAMBERT S. RAMOS, Petitioner, VS. C.O.L. REALTY CORPORATION, Respondent.
The FACTS, as found by the appellate court:

Barricades were precisely placed along the intersection of Katipunan Avenue and
Rajah Matanda Street in order to prevent motorists from crossing Katipunan Avenue.
Nonetheless, Aquilino crossed Katipunan Avenue through certain portions of the
barricade which were broken, thus violating the MMDA rule.
In March 2004, along Katipunan Avenue, corner Rajah Matanda Street, Quezon
City, a collision happened between Toyota Altis Sedan, owned by petitioner C.O.L.
Realty Corporation, and driven by Aquilino Larin ("Aquilino"), and a Ford Expedition,
owned by Lambert Ramos (Ramos) and driven by Rodel Ilustrisimo ("Rodel"). A
passenger of the sedan, one Estela Maliwat sustained injuries. She was immediately
rushed to the hospital for treatment. C.O.L. Realty filed for damages against Ramos.
C.O.L. Realty averred that its driver, Aquilino, was slowly driving the Toyota Altis
car at a speed of five to ten kilometers per hour along Rajah Matanda Street and has
just crossed the center lane of Katipunan Avenue when Ramos' Ford Espedition
violently rammed against the car's right rear door and fender. With the force of the
impact, the sedan turned 180 degrees towards the direction where it came from.
Ramos denied liability for damages insisting that it was the negligence of
Aquilino, C.O.L. Realty's driver, which was the proximate cause of the accident.
(Ramos) maintained that the sedan car crossed Katipunan Avenue from Rajah Matanda
Street despite the concrete barriers placed thereon prohibiting vehicles to pass through
the intersection.
The MeTC rendered the Decision exculpating Ramos from liability. C.O.L. Realty
appealed the same before the RTC of Quezon City which affirmed the MeTC's Decision.
C.O.L. Realty's Motion for Reconsideration was denied by the RTC.
C.O.L. Realty appealed to the Court of Appeals which affirmed the view that
Aquilino was negligent in crossing Katipunan Avenue from Rajah Matanda Street since,
as per Certification of the Metropolitan Manila Development Authority (MMDA), such act
is specifically prohibited.
However, the Court of Appeals ruled that respondent Lambert Ramos is held
solidarily liable with Rodel Ilustrisimo to pay petitioner C.O.L. Realty Corporation the
amount of P51,994.80 as actual damages.
ISSUE: Whether petitioner Lambert can be held solidarily liable with his driver, Rodel
Ilustrisimo, to pay respondent C.O.L. Realty the amount of P51,994.80 as actual
damages suffered in a vehicular collision.
RULING: NO.
There is no doubt in the appellate court's mind that Aquilino's violation of the
MMDA prohibition against crossing Katipunan Avenue from Rajah Matanda Street was
the proximate cause of the accident.
Accordingly, there ought to be no question on C.O.L. Realty's negligence which
resulted in the vehicular mishap.
DOCTRINE: If the master is injured by the negligence of a third person and by the
concurring contributory negligence of his own servant or agent, the latter's negligence is
imputed to his superior and will defeat the superior's action against the third person,
assuming of course that the contributory negligence was the proximate cause of the
injury of which complaint is made.
Applying the foregoing principles of law to the instant case, Aquilino's act of
crossing Katipunan Avenue via Rajah Matanda constitutes negligence because it was
prohibited by law. Moreover, it was the proximate cause of the accident, and thus
precludes any recovery for any damages suffered by respondent from the accident.
DOCTRINE: Proximate cause is 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. And more comprehensively, the 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 ordinary 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.
If Aquilino heeded the MMDA prohibition against crossing Katipunan Avenue
from Rajah Matanda, the accident would not have happened. This specific untoward
event is exactly what the MMDA prohibition was intended for. Thus, a prudent and
intelligent person who resides within the vicinity where the accident occurred, Aquilino
had reasonable ground to expect that the accident would be a natural and probable
result if he crossed Katipunan Avenue since such crossing is considered dangerous on
account of the busy nature of the thoroughfare and the ongoing construction of the
Katipunan-Boni Avenue underpass.
Hence, it is unnecessary to delve into the issue of Rodel's contributory
negligence, since it cannot overcome or defeat Aquilino's recklessness which is the
immediate and proximate cause of the accident. Rodel's contributory negligence has
relevance only in the event that Ramos seeks to recover from respondent whatever
damages or injuries he may have suffered as a result; it will have the effect of mitigating
the award of damages in his favor. In other words, an assertion of contributory
negligence in this case would benefit only the petitioner; it could not eliminate
respondent's liability for Aquilino's negligence which is the proximate result of the
accident.

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G.R. No.

184905, August 28, 2009

The FACTS, as found by the appellate court:

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