HOME ABOUT » SUPPORT » ADVERTISE CONTACT US »

The PHLaw Blog

HOME NEWS » REVIEWERS » CASE DIGESTS BAR EXAM » LAW SCHOOL » BRAIN FOOD VIDEOS

BAR EXAM RESULTS Home » case digests » Bataclan v. Medina G.R. No. L-10126 SOCIAL PROFILES

2015 Bar Examinations Bataclan v. Medina G.R. No. L-10126

Results Topnotchers
By Secia July 10, 2016 No comments

SUPREME COURT Bataclan v. Medina Search

[G.R. No. L-10126, October 22, 1957]
Justices MONTEMAYOR, J.
Jurisprudence BLOGGER THEMES
Facts:
ANNOUNCEMENT At about 2:00am of September 13, 1952, the bus, operated by Popular Tags Blog Archives
its owner defendant Mariano Medina and driven by its regular
chauffeur, Conrado Saylon, left the town of Amadeo, Cavite. SAURA IMPORT and EXPERT CO., INC., vs DBP
Notice to the 2016 Bar
While on its way to Pasay City, one of the front tires burst and SAURA IMPORT and EXPERT CO., INC., vs DBP
Applicants
the vehicle began to zig-zag until it fell into a canal or ditch on [G.R. No. L-24968, April 27, 1972] MAKALINTAL,
the right side of the road and turned turtle. J. FACTS : In July 1952, Saura, Inc., ap...
LOCAL GOVERNMENT Some of the passengers managed to leave the bus but the
three passengers seated beside the driver, named Bataclan, Bataclan v. Medina G.R. No. L-10126
Lara and the Visayan and the woman behind them named Bataclan v. Medina [G.R. No. L-10126, October
Natalia Villanueva, could not get out of the overturned bus. No 22, 1957] MONTEMAYOR, J. Facts: At about
HOME
evidence to show that the freed passengers, including the 2:00am of September 13, 1952, the bus, o...
driver and the conductor, made any attempt to pull out or
extricate and rescue the four passengers trapped inside the Castillo v Castillo G.R. No. 189607, April 18,
vehicle. 2016
After half an hour, came about ten men, one of them carrying a Facts: On 25 May 1972, respondent Lea P. De
lighted torch, approach the overturned bus, and almost Leon Castillo (Lea) married Benjamin Bautista
immediately, a fierce fire started, burning and all but consuming (Bautista). On 6 January 1979, respondent
the bus, including the four passengers trapped inside it. married ...
That same day, the charred bodies of the four passengers Teves vs. COMELEC, G.R. No. 180363, April
inside the bus were removed and duly identified that of Juan 28, 2009
Bataclan. By reason of his death, his widow, Salud Villanueva,
G.R. No. 180363, April 28, 2009 EDGAR Y.
in her name and in behalf of her five minor children, brought the
TEVES, Petitioner, vs. THE COMMISSION ON
present suit to recover from Mariano Medina compensatory,
ELECTIONS and HERMINIO G. TEVES Facts: ·
moral, and exemplary damages and attorney's fees in the total
...
amount of P87,150.
After trial, the CFI Cavite awarded P1,000 to the plaintiffs plus Kiok Loy v. NLRC
P600 as attorney's fee, plus P100, the value of the Kiok Loy v. NLRC 141 SCRA 179 (1986) Doctrine:
merchandise being carried by Bataclan to Pasay City for sale Unfair labor practice is committed when it is
and which was lost in the fire. Both plaintiffs and defendants shown that the respondent employer, after...
appealed the case to CA which endorsed the case to SC.
Severino v Severino G.R. No. 34642
Issue: W/N the proximate cause of the death of Bataclan was the overturning of Severino v Severino [G.R. No. 34642,
September 24, 1931] STREET, J. FACTS:
the bus or the fire that burned the bus, including the 4 passengers left inside.
Melecio Severino upon his death, left
considerable p...
Held:
DBP v. Confessor, 161 SCRA 307 (1988)
The Court held that the proximate cause was the overturning of
the bus because when the vehicle turned not only on its side DBP v. Confessor, 161 SCRA 307 (1988) Petition
but completely on its back, the leaking of the gasoline from the for review on certiorari GANCAYCO, J. FACTS: ·
tank was not unnatural or unexpected. On February 10, 1940 spo...
The coming of the men with a lighted torch was in response to Wilson Ong Ching Kian Chuan v CA
the call for help, made not only by the passengers, but most
Wilson Ong Ching Kian Chuan v CA [ G.R. No.
probably, by the driver and the conductor themselves, and that
130360. August 15, 2001] QUISUMBING, J .
because it was dark (about 2:30 in the morning), the rescuers
FACTS: · Petitioner imports ver...
had to carry a light with them, and coming as they did from a
rural area where lanterns and flashlights were not available. Vitangcol v People G.R. No. 207406, January
In other words, the coming of the men with a torch was to be 13, 2016
expected and was a natural sequence of the overturning of the Doctrine : Persons intending to contract a
bus, the trapping of some of its passengers and the call for second marriage must first secure a judicial
outside help. declaration of nullity of their first marriage. If
Moreover, the burning of the bus can also in part be attributed t...
to the negligence of the carrier, through its driver and its
conductor. According to the witness, the driver and the Republic v Tampus G.R. No. 214243, March
conductor were on the road walking back and forth. They, or at 16, 2016
least, the driver should and must have known that in the Facts: Respondent Nilda was married to Dante
position in which the overturned bus was, gasoline could and on November 29, 1975 in Cordova, Cebu. The
must have leaked from the gasoline tank and soaked the area marriage ceremony was solemnized by
in and around the bus. Municipal Jud...
The leaked gasoline can be smelt and directed even from a
distance, and yet neither the driver nor the conductor would
appear to have cautioned or taken steps to warn the rescuers CONNECT WITH US
not to bring the lighted torch too near the bus.
In addition, the case involves a breach of contract of
transportation because the Medina Transportation failed to INSTRUCTIONS
carry Bataclan safely to his destination, Pasay City. There was
likewise negligence on the part of the defendant, through his
agent, the driver Saylon. There is evidence to show that at the HOME
time of the blow out, the bus was speeding and that the driver
failed to changed the tires into new ones as instructed by
Mariano Medina.
The driver had not been diligent and had not taken the INSTRUCTIONS
necessary precautions to insure the safety of his passengers.
Had he changed the tires, specially those in front, with new Powered by Blogger.
ones, as he had been instructed to do, probably, despite his
speeding, the blow out would not have occurred.
RECOMENDED
Ratio:
Proximate cause is that cause, which, in natural and continuous
sequence, unbroken by any efficient intervening cause, BLOG ARCHIVE
produces the injury, and without which the result would not
have occurred. ► 2017 (4)
Comprehensively, 'the proximate legal cause is that acting first ▼ 2016 (24)
and producing the injury, either immediately or by setting other ► September (1)
events in motion, all constituting a natural and continuous chain
of events, each having a close causal connection with its ▼ July (23)
immediate predecessor, the final event in the chain immediately CATHOLIC VICAR APOSTOLIC vs CA G.R.
effecting the injury as a natural and probable result of the cause No. 80294-95
which first acted, under such circumstances that the person
responsible for the first event should, as an ordinary prudent REPUBLIC VS BAGTAS G.R. No. L-17474
and intelligent person, have reasonable ground to expect at the
Heirs of Santiago v. Heirs of Calma G.R.
moment of his act or default that an injury to some person might
160832
probably result therefrom.
Gabeto v. Araneta G.R. No. L-15674

SHARE: FACEBOOK TWITTER GOOGLE+ Bataclan v. Medina G.R. No. L-10126

SAURA IMPORT and EXPERT CO., INC., vs
DBP

Related Posts: Severino v Severino G.R. No. 34642

Castellvi de Higgins & Higgins vs. Sellner
SAURA IMPORT and EXPERT CO., INC., vs DBP
SAURA IMPORT and EXPERT CO., INC., vs DBP [G.R. No. L- Robert De Galicia vs. Mercado
24968, April 27, 1972] MAKALINTAL, J. FACTS: In July 1952,
Saura, Inc., applied to Rehab… Read More Heirs of Santiago v. Heirs of Calma
Gabeto v. Araneta
Bataclan v. Medina
HERRERA vs PETROPHIL CORP.
HERRERA vs PETROPHIL CORP. [G.R. No. L-48349, December SAURA IMPORT and EXPERT CO., INC., vs
29, 1986] CRUZ, J. FACTS: On December 5, 1969, Herrera and DBP
ESSO Standard, (later su… Read More
HERRERA vs PETROPHIL CORP.
DBP v. Confessor, 161 SCRA 307 (1988)
Heirs of Santiago v. Heirs of Calma Wilson Ong Ching Kian Chuan v CA
Heirs of Santiago v. Heirs of Calma G.R. 160832 Facts Case
Background o The Governor General granted a homestead People v. Ng Yi Bun
patent over a 20.9740-hectare… Read More Kiok Loy v. NLRC
Limjoco vs. Intestate Estate of Fragrante
Bataclan v. Medina Central Azucarera de Danao v. Court of
Bataclan v. Medina [G.R. No. L-10126, October 22, 1957] Appeals
MONTEMAYOR, J. Facts: At about 2:00am of September 13,
1952, the bus, operated by its… Read More In Re: Bergsoe Metal Corporation
Rosenblatt v. Getty Oil Co.
Kern County Land Co. v. Occidental Corp.
Gabeto v. Araneta
Gabeto v. Araneta [G.R. No. L-15674, October 17, 1921]
STREET, J. Facts: Basilio Ilano and Proceso Gayetano took a ► 2015 (2)
carromata with a view to g… Read More

POPULAR POSTS
← Newer Post Home Older Post →
SAURA IMPORT and EXPERT CO., INC., vs DBP
SAURA IMPORT and EXPERT CO., INC., vs DBP
[G.R. No. L-24968, April 27, 1972] MAKALINTAL,
0 comments: J. FACTS : In July 1952, Saura, Inc., ap...

Bataclan v. Medina G.R. No. L-10126

Post a Comment
Bataclan v. Medina [G.R. No. L-10126, October
22, 1957] MONTEMAYOR, J. Facts: At about
2:00am of September 13, 1952, the bus, o...
Enter your comment...
Castillo v Castillo G.R. No. 189607, April 18,
2016
Facts: On 25 May 1972, respondent Lea P. De
Leon Castillo (Lea) married Benjamin Bautista
(Bautista). On 6 January 1979, respondent
Comment as: Google Account
married ...

Teves vs. COMELEC, G.R. No. 180363, April

Publish Preview 28, 2009
G.R. No. 180363, April 28, 2009 EDGAR Y.
TEVES, Petitioner, vs. THE COMMISSION ON
ELECTIONS and HERMINIO G. TEVES Facts: ·
...

Kiok Loy v. NLRC

Kiok Loy v. NLRC 141 SCRA 179 (1986) Doctrine:
Unfair labor practice is committed when it is
shown that the respondent employer, after...

Severino v Severino G.R. No. 34642

Severino v Severino [G.R. No. 34642,
September 24, 1931] STREET, J. FACTS:
Melecio Severino upon his death, left
considerable p...

DBP v. Confessor, 161 SCRA 307 (1988)

DBP v. Confessor, 161 SCRA 307 (1988) Petition
for review on certiorari GANCAYCO, J. FACTS: ·
On February 10, 1940 spo...

Wilson Ong Ching Kian Chuan v CA

Wilson Ong Ching Kian Chuan v CA [ G.R. No.
130360. August 15, 2001] QUISUMBING, J .
FACTS: · Petitioner imports ver...

Vitangcol v People G.R. No. 207406, January

13, 2016
Doctrine : Persons intending to contract a
second marriage must first secure a judicial
declaration of nullity of their first marriage. If
t...

Republic v Tampus G.R. No. 214243, March

16, 2016
Facts: Respondent Nilda was married to Dante
on November 29, 1975 in Cordova, Cebu. The
marriage ceremony was solemnized by
Municipal Jud...

Report Abuse

SEARCH THIS BLOG

Search

RECOMENDED

RECENT POSTS

UNORDERED LIST

INSTRUCTIONS

PAGES

Home

RECENT POSTS

UNORDERED LIST

TOTAL PAGEVIEWS

16,680

CONTACT US PAGES LABELS

Name Home case digests

Email *

Message *

Send

LABELS

case digests

Copyright © 2019 The PHLaw Blog | Powered by Blogger

Design by FlexiThemes | Blogger Theme by Lasantha - PremiumBloggerTemplates.com | Best Gadgets