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    Capili v. Cardana

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    Ridzanna Abdulgafur
    The parents of Jasmin Cardaña filed a case for damages against the school principal after their daughter was killed when a branch from a rotten caimito tree on school grounds fell on her. While the principal denied knowledge of the tree's condition, the court found her negligent for failing to properly maintain school grounds and ensure student safety. Under the doctrine of res ipsa loquitur, the accident indicated obvious negligence as the rotten tree posed a foreseeable danger on school property. The court ruled the principal liable to pay damages.

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    Capili v. Cardana

    Uploaded by

    Ridzanna Abdulgafur
    35 views1 page
    The parents of Jasmin Cardaña filed a case for damages against the school principal after their daughter was killed when a branch from a rotten caimito tree on school grounds fell on her. While the principal denied knowledge of the tree's condition, the court found her negligent for failing to properly maintain school grounds and ensure student safety. Under the doctrine of res ipsa loquitur, the accident indicated obvious negligence as the rotten tree posed a foreseeable danger on school property. The court ruled the principal liable to pay damages.

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    Torts and Damages

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    The parents of Jasmin Cardaña filed a case for damages against the school principal after their daughter was killed when a branch from a rotten caimito tree on school grounds fell on her. While the principal denied knowledge of the tree's condition, the court found her negligent for failing to properly maintain school grounds and ensure student safety. Under the doctrine of res ipsa loquitur, the accident indicated obvious negligence as the rotten tree posed a foreseeable danger on school property. The court ruled the principal liable to pay damages.

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    © All Rights Reserved
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    35 views1 page

    Capili v. Cardana

    Uploaded by

    Ridzanna Abdulgafur
    The parents of Jasmin Cardaña filed a case for damages against the school principal after their daughter was killed when a branch from a rotten caimito tree on school grounds fell on her. While the principal denied knowledge of the tree's condition, the court found her negligent for failing to properly maintain school grounds and ensure student safety. Under the doctrine of res ipsa loquitur, the accident indicated obvious negligence as the rotten tree posed a foreseeable danger on school property. The court ruled the principal liable to pay damages.

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    44. Capili v. Cardaña, G.R. No.

    157906, November 2, 2006


    Facts:
    On February 1, 1993, Jasmin Cardaña was walking along the perimeter fence of the San Roque Elementary
    School when a branch of a caimito tree located within the school premises fell on her, causing her instantaneous
    death. Thus, her parents filed a case for damages before the Regional Trial Court of Palo, Leyte against
    petitioner.
    The Cardañas alleged in their complaint that even as early as December 15, 1992, a resident of the barangay,
    Eufronio Lerios, reported on the possible danger the tree posed to passersby. Lerios even pointed to the
    petitioner the tree that stood near the principal’s office. The Cardañas averred that petitioner’s gross negligence
    and lack of foresight caused the death of their daughter.
    Petitioner, school principal, denied the accusation and said that at that time Lerios had only offered to buy the
    tree. She also denied knowing that the tree was dead and rotting. To prove her point, she presented witnesses
    who attested that she had brought up the offer of Lerios to the other teachers during a meeting on December
    15, 1992 and assigned Remedios Palaña to negotiate the sale.
    Issue:
    WON the petitioner is negligent and therefore liable to pay damages under Art. 2206 of the Civil Code.
    Ruling:
    Yes. The probability that the branches of a dead and rotting tree could fall and harm someone is clearly a danger
    that is foreseeable. As the school principal, petitioner was tasked to see to the maintenance of the school
    grounds and safety of the children within the school and its premises. That she was unaware of the rotten state
    of a tree whose falling branch had caused the death of a child speaks ill of her discharge of the responsibility of
    her position.
    In every tort case filed under Article 2176 of the Civil Code, plaintiff has to prove by a preponderance of
    evidence: (1) the damages suffered by the plaintiff; (2) the fault or negligence of the defendant or some other
    person for whose act he must respond; and (3) the connection of cause and effect between the fault or
    negligence and the damages incurred.
    The fact, however, that respondents’ daughter, Jasmin, died as a result of the dead and rotting tree within the
    school’s premises shows that the tree was indeed an obvious danger to anyone passing by and calls for
    application of the principle of res ipsa loquitur.
    The doctrine of res ipsa loquitur applies where (1) the accident was of such character as to warrant an
    inference that it would not have happened except for the defendant’s negligence; (2) the accident must have
    been caused by an agency or instrumentality within the exclusive management or control of the person
    charged with the negligence complained of; and (3) the accident must not have been due to any voluntary
    action or contribution on the part of the person injured.

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