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George Mckee Vs IAC Digest

The collision between a cargo truck and a Ford Escort resulted in multiple deaths and injuries. The lower courts had conflicting decisions on liability. The Court of Appeals determined the Ford driver's negligence caused the collision. However, the Supreme Court ruled the truck driver's negligence was the proximate cause. While the Ford driver entered the truck's lane to avoid hitting boys, this was an emergency situation not making him negligent. Meanwhile, the truck driver admitted to speeding above the bridge limit and failed to avoid the collision with the Ford, violating his duty of care. Therefore, the truck driver was liable under the last clear chance doctrine.

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319 views1 page

George Mckee Vs IAC Digest

The collision between a cargo truck and a Ford Escort resulted in multiple deaths and injuries. The lower courts had conflicting decisions on liability. The Court of Appeals determined the Ford driver's negligence caused the collision. However, the Supreme Court ruled the truck driver's negligence was the proximate cause. While the Ford driver entered the truck's lane to avoid hitting boys, this was an emergency situation not making him negligent. Meanwhile, the truck driver admitted to speeding above the bridge limit and failed to avoid the collision with the Ford, violating his duty of care. Therefore, the truck driver was liable under the last clear chance doctrine.

Uploaded by

louie gacuan
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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G.R. No.

L-68102 July 16, 1992


GEORGE MCKEE and ARACELI KOH MCKEE, petitioners, vs. INTERMEDIATE APPELLATE COURT, JAIME TAYAG
and ROSALINDA MANALO, respondents.
G.R. No. L-68103 July 16, 1992
CARMEN DAYRIT KOH, LETICIA KOH, JULIETA KOH TUQUERO, ARACELI KOH MCKEE, ANTONIO KOH and
ELIZABETH KOH TURLA, petitioners, vs. INTERMEDIATE APPELLATE COURT, JAIME TAYAG and ROSALINDA
MANALO, respondents.

FACTS:

Between nine and ten o'clock in the morning of 8 January 1977, in Pulong Pulo Bridge along MacArthur Highway, between
Angeles City and San Fernando, Pampanga, a head-on-collision took place between an International cargo truck, Loadstar, with
Plate No. RF912-T Philippines '76 owned by private respondents, and driven by Ruben Galang, and a Ford Escort car bearing
Plate No. S2-850 Pampanga '76 driven by Jose Koh. The collision resulted in the deaths of Jose Koh, Kim Koh McKee and Loida
Bondoc, and physical injuries to George Koh McKee, Christopher Koh McKee and Araceli Koh McKee, all passengers of the
Ford Escort.
Immediately before the collision, the cargo truck, which was loaded with two hundred (200) cavans of rice weighing about 10,000
kilos, was traveling southward from Angeles City to San Fernando Pampanga, and was bound for Manila. The Ford Escort, on the
other hand, was on its way to Angeles City from San Fernando. When the northbound car was about (10) meters away from the
southern approach of the bridge, two (2) boys suddenly darted from the right side of the road and into the lane of the car. The boys
were moving back and forth, unsure of whether to cross all the way to the other side or turn back. Jose Koh blew the horn of the
car, swerved to the left and entered the lane of the truck; he then switched on the headlights of the car, applied the brakes and
thereafter attempted to return to his lane. Before he could do so, his car collided with the truck. The collision occurred in the lane
of the truck, which was the opposite lane, on the said bridge.
In his statement to the investigating police officers immediately after the accident, Galang admitted that he was traveling at thirty
(30) miles (48 kilometers) per hour.
As a consequence of the collision, two (2) cases, Civil Case No. 4477 and No. 4478, were filed on 31 January 1977 before the
then Court of First Instance of Pampanga and were raffled to Branch III and Branch V of the said court, respectively.
On 1 March 1977, an Information charging Ruben Galang with the crime of "Reckless Imprudence Resulting to (sic) Multiple
Homicide and Physical Injuries and Damage to Property" was filed with the trial court.

DECISION OF LOWER COURTS:


1. RTC: Judge Capulong rendered a decision against the accused Ruben Galang in the aforesaid criminal case.
2. RTC: Judge Mario Castañeda, Jr. dismissed the two (2) civil cases on 12 November 1980 and awarded the private respondents
moral damages, exemplary damages and attorney's fees. (conflicting decisions)
3. CA: concluded that it was Jose Koh's negligence that was the immediate and proximate cause of the collision.

ISSUE:
Whether Galang is liable

RULING:
Yes.
The inattentiveness or negligence of Galang was the proximate cause of the mishap. If Galang's attention was on the highway, he
would have sighted the car earlier or at a very safe distance than (sic) 10 meters. He proceeded to cross the bridge, and tried to
stop when a collision was already inevitable, because at the time that he entered the bridge his attention was not riveted to the road
in front of him.
Jose Koh's entry into the lane of the truck was necessary in order to avoid what was, in his mind at that time, a greater peril —
death or injury to the two (2) boys. Such act can hardly be classified as negligent.
Under what is known as the emergency rule, "one who suddenly finds himself in a place of danger, and is required to act
without time to consider the best means that may be adopted to avoid the impending danger, is not guilty of negligence, if he fails
to adopt what subsequently and upon reflection may appear to have been a better method, unless the emergency in which he finds
himself is brought about by his own negligence."
The truck driver's negligence is apparent in the records. He himself said that his truck was running at 30 miles (48 kilometers) per
hour along the bridge while the maximum speed allowed by law on a bridge is only 30 kilometers per hour. Under Article 2185 of
the Civil Code, a person driving a vehicle is presumed negligent if at the time of the mishap, he was violating any traffic
regulation.
Even if Jose Koh was indeed negligent, the doctrine of last clear chance finds application here. Last clear chance is a
doctrine in the law of torts which states that the contributory negligence of the party injured will not defeat the claim for damages
if it is shown that the defendant might, by the exercise of reasonable care and prudence, have avoided the consequences of the
negligence of the injured party. In such cases, the person who had the last clear chance to avoid the mishap is considered in law
solely responsible for the consequences thereof.
it was the truck driver's negligence in failing to exert ordinary care to avoid the collision which was, in law, the proximate cause
of the collision.

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