This case has been cited 2 times or more.
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2012-02-15 |
REYES, J. |
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| Finally, the CA correctly ruled that the doctrine of last clear chance is not applicable in the instant case. The doctrine of last clear chance provides that where both parties are negligent but the negligent act of one is appreciably later in point of time than that of the other, or where it is impossible to determine whose fault or negligence brought about the occurrence of the incident, the one who had the last clear opportunity to avoid the impending harm but failed to do so, is chargeable with the consequences arising therefrom. Stated differently, the rule is that the antecedent negligence of a person does not preclude recovery of damages caused by the supervening negligence of the latter, who had the last fair chance to prevent the impending harm by the exercise of due diligence.[32] To reiterate, the proximate cause of the collision was the petitioners' negligence in ensuring that motorists and pedestrians alike may safely cross the railroad track. The unsuspecting driver and passengers of the jeepney did not have any participation in the occurrence of the unfortunate incident which befell them. Likewise, they did not exhibit any overt act manifesting disregard for their own safety. Thus, absent preceding negligence on the part of the respondents, the doctrine of last clear chance cannot be applied. | |||||
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2003-04-29 |
QUISUMBING, J. |
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| The rule that persons dealing with registered lands can rely solely on the certificate of title does not apply to banks.[23] The degree of diligence required of banks is more than that of a good father of a family; in keeping with their responsibility to exercise the necessary care and prudence in dealing even with a registered or titled property. The business of a bank is affected with public interest, holding in trust the money of the depositors, which the bank should guard against loss due to negligence or bad faith. For this reason, the bank is not allowed to rely merely on the protective mantle of the land registration law, which is normally accorded only to purchasers or mortgagees for value and in good faith.[24] | |||||