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Proximate cause is that adequate and efficient cause which in the natural order of events, and

under the particular circumstances surrounding the case, would naturally produce the event. (3
Bouvier’s Law Dictionary 434)

When the plaintiff’s own negligence was the immediate and proximate cause of his injury, he
cannot recover damages. But if his negligence was only contributory, the immediate and
proximate cause of the injury being the defendant’s lack of due care, the plaintiff may recover
damages, but the courts shall mitigate the damages to be awarded. (Art. 2179)

The obligation imposed by Article 2176 is demandable also for those of persons for whom one
is responsible:

1. The father and, in case of death or incapacity, the mother, are responsible for the damages
caused by the minor children who live in their company.

2. Guardians are liable for damages caused by the minors or incapacitated persons who are
under their authority and live in their company.

3. The owners and managers of an establishment or enterprises are responsible for damages
caused by their employees in the service of the branches in which the latter are employed or on
the occasion of their functions.

The term “manager” is used in the sense of an employer. No tortious or quasi-delictual liability
can be fastened on the manager of the corporation owning the truck because he himself may
be regarded as an employee of his employer. (Phil. Rabbit Bus v. Phil-Am Forwarders)

4. Employers shall be liable for the damages cause by their employees and household helpers
acting within the scope of their assigned tasks, even though the former are not engaged in any
business or industry.

There is no employer-employee relationship between students and the schools where the
students work for the school in exchange for the privilege to study for free, provided that the
students are given real opportunity, including such facilities as may be reasonably necessary to
finish their chosen courses under such arrangement. (Sec. 14, Rule X of Book III, Labor Code)

5. The State is responsible when it acts through a special agent; but not when the damage has
been caused by the official to whom the task done properly pertains.

6. Teachers or head of establishments of arts and trades shall be liable for damages caused by
their pupils and students or apprentices, so long as they remain in their custody.

The law does not distinguish the kind of school, whether it be a school of arts and trade or a
purely academic school. The same vigilance is required of a teacher over the students under his
control and supervision, whatever the nature of the school where he is teaching. (Amadora v.
CA, April 15, 1988)

The responsibility treated of in this article shall cease when the persons herein mentioned
prove that they observed all the diligence of a good father of a family to prevent damage. (Art.
2180)

In motor vehicle mishaps, the owner is solidarily liable with his driver, if the former, who was in
the vehicle, could have, by the use of due diligence, prevented the misfortune. If the owner was
not in the motor vehicle, the provisions of Article 2180 are applicable. (Art. 2184) The test of
negligence within the meaning of Article 2184, therefore, is his omission to do that which the
evidence of his own senses tells him he should do in order to avoid the accident. If he pays the
entire amount of damages to the injured party, at most, he can demand reimbursement of only
1/2 of the amount he paid. (Art. 1217)

Provinces, cities and municipalities shall be liable for damages for the death of, or injuries
suffered by, any person by reason of the defective condition of roads, streets, bridges, public
buildings, and other public works under their control or supervision. (Art. 2189)

The head of a family that lives in a building or a part thereof, is responsible for damages caused
by things thrown or falling from the same. (Art. 2193)

The responsibility of 2 or more persons who are liable for a quasi-delict (joint tortfeasors) is
solidary. (Art. 2194)

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