Cd_46. Vda. Gregorio Vs. Go Chong Bing.docx

TRANSPORTATION LAW A.Y. 2018-2019

CASE TITLE:

Honoria Vda. de Gregorio, et. al. vs, Go Chong Bing

G.R. NO/DATE:

GR No. L-7763. 2 December 1957

DOCTRINE:

Where the death/accident is brought by an act/omission of a person who is not, in any way, related to the defendant, and the said act is the proximate, immediate and direct cause of the death of the victim, or accident which is punishable by law, defendant should be absolved from any civil liability.

FACTS: Defendant, owner of trucks, had a driver and a "cargador" by the name of Francisco Romera. In the afternoon of June 2, 1952, defendant ordered Romera to drive his tuck with instructions that he follow another truck which was to be driven by the defendant's driver. On its way, some persons boarded the truck, one of them was a uniformed policeman by the name of Venana Orfanel. After a while, Orfanel asked and insisted on driving the truck. Romera, out of respect and belief that Orfanel knew how to drive well, allowed Orfanel to take the wheel. While Orfanel was driving, they came to a truck that was about to park on the left side of the road. To avoid collision, Orfanel swerved to the right and hit two pedestrians and ran over one of them named Quirico Gregorio. Orfanel was prosecuted for homicide with reckless imprudence. He pleaded guilty and was sentenced accordingly. The heirs of Gregorio brought present case for damages against the defendant, owner of the truck that ran over Gregorio. The CFI dismissed the case on the ground that the death of Gregorio was caused by a negligent act/omission of a person that is not, in any way, related to the defendant. ISSUE: Whether or not defendant may be held liable for damages. RULING: Where the death/accident is brought by an act/omission of a person who is not, in any way, related to the defendant, and the said act is the proximate, immediate and direct cause of the death of the victim, or accident which is punishable by law, defendant should be absolved from any civil liability. The reason is not because the one responsible for the accident had already indemnified the victim but because there is no direct, causal connection between the negligence/violation of law by the defendant to the death of the victim.