Sunday, November 30, 2008

MANILA ELECTRIC CO. vs. REMOQUILLO, et als.

MANILA ELECTRIC CO. vs. REMOQUILLO, et als.

Facts: Efren Magno went to repair a ¨media agua¨ of the house pf his brother-in-law. Whilw making the repair, a galvanized iron roofing which was holding came into contact with the electric wire of the petitioner Manila Electric Co. strung parallel to the edge of the ¨media agua¨ and 2 1/2 feet from it. He was electrocuted and died as a result thereof. In an action for damages brought by the heirs of Magno against manila Electric Co. the CA awarded damages to the heirs of Magno and that the company was at fault and guilty of negligence because although the electric wire had been installed long before the construction of the house the electric company did not exercise due diligence. Hence, this petition.

Issue: WON Manila Electric Co., is gulity of negligence.

Ruling : Decision of the CA reversed.

Ratio: A prior and remote cause cannot be made the basis of an action if such remote cause did nothing more than furnish the condition or give rise to the occassion by which the injury was made possible, if there intervened between such prior or remote cause and the injury a distinct, successive, unrelated, and efficient cause of the injury, even though such injury would not have happened but for such condition or occassion.

*Dre

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