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    Digested Cases - Umali vs. Bacani

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    Onireblabas Yor Osicran
    The petitioner, Teodoro Umali, was found liable for the death of a 3-year-old boy, Manuel Saynes, who was electrocuted after coming into contact with a live electric wire that was left hanging after being cut by falling banana plants during a storm. The court affirmed the decision, finding that the electric company employees were negligent in not properly securing the transmission line and addressing the broken wire in a timely manner after being notified of the issue. While the storm was a fortuitous event, the death was proximately caused by the employees' lack of due care. The petitioner could avail of mitigation due to potential negligence by the victim's parents, but this did not exempt them from liability for

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    Digested Cases - Umali vs. Bacani

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    Onireblabas Yor Osicran
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    The petitioner, Teodoro Umali, was found liable for the death of a 3-year-old boy, Manuel Saynes, who was electrocuted after coming into contact with a live electric wire that was left hanging after being cut by falling banana plants during a storm. The court affirmed the decision, finding that the electric company employees were negligent in not properly securing the transmission line and addressing the broken wire in a timely manner after being notified of the issue. While the storm was a fortuitous event, the death was proximately caused by the employees' lack of due care. The petitioner could avail of mitigation due to potential negligence by the victim's parents, but this did not exempt them from liability for

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    Digested Cases_ Umali vs. Bacani

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    The petitioner, Teodoro Umali, was found liable for the death of a 3-year-old boy, Manuel Saynes, who was electrocuted after coming into contact with a live electric wire that was left hanging after being cut by falling banana plants during a storm. The court affirmed the decision, finding that the electric company employees were negligent in not properly securing the transmission line and addressing the broken wire in a timely manner after being notified of the issue. While the storm was a fortuitous event, the death was proximately caused by the employees' lack of due care. The petitioner could avail of mitigation due to potential negligence by the victim's parents, but this did not exempt them from liability for

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    177 views1 page

    Digested Cases - Umali vs. Bacani

    Uploaded by

    Onireblabas Yor Osicran
    The petitioner, Teodoro Umali, was found liable for the death of a 3-year-old boy, Manuel Saynes, who was electrocuted after coming into contact with a live electric wire that was left hanging after being cut by falling banana plants during a storm. The court affirmed the decision, finding that the electric company employees were negligent in not properly securing the transmission line and addressing the broken wire in a timely manner after being notified of the issue. While the storm was a fortuitous event, the death was proximately caused by the employees' lack of due care. The petitioner could avail of mitigation due to potential negligence by the victim's parents, but this did not exempt them from liability for

    Copyright:

    © All Rights Reserved
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    of 1

    3/1/2019 Digested Cases: Umali vs.

    Bacani

    TEODORO C. UMALI vs. HON. ANGEL BACANI (Judge, CFI Pangasinan) and FIDEL H. SAYNES
    G.R. No. L-40570. 30 January 1976.
    Petition for certiorari to review the decision of the CFI of Pangasinan.
    Esguerra, J.:

    Facts: On May 14, 1972, a storm with strong rain hit the Municipality of Alcala Pangasinan. During the storm, the banana
    plants standing near the transmission line of the Alcala Electric Plant (AEP) were blown down and fell on the electric wire.
    The live electric wire was cut, one end of which was left hanging on the electric post and the other fell to the ground. The
    following morning, barrio captain saw Cipriano Baldomero, a laborer of the AEP, asked him to fix it, but the latter told the
    barrio captain that he could not do it but that he was going to look for the lineman to fix it. Sometime thereafter, a small boy of
    3 years and 8 months old by the name of Manuel P. Saynes, whose house is just on the opposite side of the road, went to the
    place where the broken line wire was and got in contact with it. The boy was electrocuted and he subsequently died. It was
    only after the electrocution that the broken wire was fixed.

    Issues: (1) WON the proximate cause of the boy's death is due to a fortuitous event- storm; (2) WON boy’s parents’ negligence
    exempts petitioner from liability.

    Ruling: Decision affirmed.


    (1) A careful examination of the records convinces the SC that a series of negligence on the part of defendants' employees in
    the AEP resulted in the death of the victim by electrocution. With ordinary foresight, the employees of the petitioner could
    have easily seen that even in case of moderate winds the electric line would be endangered by banana plants being blown
    down.
    (2) Art. 2179 CC provides that if the negligence of the plaintiff (parents of the victim in this case) was only contributory, the
    immediate and proximate cause of the injury being the defendants' (petitioners’) lack of due care, the plaintiff may recover
    damages, but the courts shall mitigate the damages to be awarded. This law may be availed of by the petitioner but does not
    exempt him from liability. Petitioner's liability for injury caused by his employees negligence is well defined in par. 4, of
    Article 2180 of the Civil Code.

    http://choclitcandycoatedbrat.blogspot.com/2008/12/umali-vs-bacani.html 1/1

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