CA appellant, Mangyao asked him why he bumped the old
Effect of contributory negligence | October 12, 1989 | Griño-Aquino, J. woman and his answer was, 'it was the old woman that bumped him.' ○ Appellant went back to the place where the old woman was SUMMARY: An old lady was crossing a street at a Cebu market when two struck by his rig. The old woman was unconscious, and was rigs two meters apart were approaching from a steep downgrade of the road. then loaded in a jeep and brought to the hospital where she Genobiagon’s rig (the one behind) was going fast and was trying to overtake died three hours later. the one ahead, his rig bumped the old woman, who consequently fell on the ● RTC and CA convicted him of homicide thru reckless imprudence. road and died three hours later. Asked why he bumped the old woman he answered, 'it was the old woman that bumped him.' RTC and CA convicted ISSUE/RATIO: WON the doctrine of contributory negligence may him of homicide thru reckless imprudence. Petitioner contends that the apply in criminal cases. - NO reckless negligence of the victim was the proximate cause of the accident ● Petitioner contends that the CA erred: which led to her death. SC held that the doctrine of contributory negligence ○ in not finding that the reckless negligence of the victim was does not apply in criminal cases. the proximate cause of the accident which led to her death; ○ in not acquitting the petitioner on the ground of reasonable DOCTRINE: The alleged contributory negligence of the victim, if any, does doubt; and not exonerate the accused. "The defense of contributory negligence does not ○ in unjustly increasing the civil liability of the petitioner from apply in criminal cases committed through reckless imprudence, since one P6,000.00 to P12,000.00, although the circumstances of the cannot allege the negligence of another to evade the effects of his own victim and the accused (petitioner) do not warrant such negligence.” increase. ● The alleged contributory negligence of the victim, if any, does not ACT/OMISSION: Bumping an 80-year-old woman exonerate the accused. "The defense of contributory negligence does INJURY: Old woman falling at the middle of the road and dying hour later not apply in criminal cases committed through reckless imprudence, NEGLIGENCE: Speeding and overtaking. No contributory negligence on part since one cannot allege the negligence of another to evade the effects of of old woman. his own negligence.” (People vs. Orbeta, People vs. Quinones) CAUSATION: Reckless imprudence of Genobiagon was the proximate cause. ● Prevailing jurisprudence provides that indemnity for death in homicide or murder is P30,000. Accordingly, the civil liability of the petitioner is SUMMARY: increased to P30,000. ● Rig driven by Gregorio Genobiagon bumped an 80-year-old woman who was crossing a street at a market in Cebu. RULING: WHEREFORE, the appealed decision is affirmed with modification as ○ The rig was following another at a distance of two meters. The to the civil liability of the petitioner which is hereby increased to P30,000. Costs old woman started to cross when the first rig was approaching against petitioner. her, but as appellant's vehicle was going so fast not only because of the steep down-grade of the road, but also because he was trying to overtake the rig ahead of him, the appellant's rig bumped the old woman, who as a consequence, fell at the middle of the road. ○ He continued to drive on, but by-stander Mangyao who saw the incident shouted at the him to stop. He ran after Genobiagon when he refused to stop. Overtaking the