16 SCRA 448 – Civil Law - Torts and Damages – Res Ipsa Loqitr In March 1948, in Rizal Avenue, Manila, a tank truck was hosing gasoline into the undergrou storage of Caltex A!!arentl", a fire #roke out fro$ the gasoline station and the fire s!re #urned several houses including the house of %!ouses &erna#e and %oledad Africa Allegedl", so$eone 'a !asser#"( threw a cigarette while gasoline was #eing transferred which caused th &ut there was no evidence !resented to !rove this theor" and no other ex!lanation can #e ha the real reason for the fire A!!arentl" also, Caltex and the #ranch owner 'Mateo &o)uiren( install a concrete firewall to contain fire if in case one ha!!ens ISSUE: *hether or not Caltex and &o)uiren are lia#le to !a" for da$ages HELD: +es his is !ursuant to the a!!lication on the !rinci!le of res i!sa lo)uitur '-the s!eaks for itself.( which states/ -where the thing which caused in0ur", without fault of th !erson, is under the exclusive control of the defendant and the in0ur" is such as in the or course of things does not occur if he having such control use !ro!er care, it affords reaso evidence, in the a#sence of the ex!lanation, that the in0ur" arose fro$ defendant s want of he gasoline station, with all its a!!liances, e)ui!$ent and e$!lo"ees, was under the contro Caltex and &o)uiren A fire occurred therein and s!read to and #urned the neigh#oring house !ersons who knew or could have known how the fire started were &o)uiren, Caltex and their e$!lo"ees, #ut the" gave no ex!lanation thereof whatsoever It is a fair and reasona#le in that the incident ha!!ened #ecause of want of care 2ote that ordinaril", he who charges negligence shall !rove it 3owever, res i!sa lo)uitur exce!tion #ecause the #urden of !roof is shifted to the !art" charged of negligence as the the one who had exclusive control of the thing that caused the in0ur" co$!lained of
16 SCRA 448 Civil Law -Torts and Damages Res Ipsa Loquitur
In March 1948, in Rizal Avenue, Manila, a tank truck was hosing
gasoline into the underground storage of Caltex. Apparently, a fire
broke out from the gasoline station and the fire spread and burned
several houses including the house of Spouses Bernabe and Soledad
Africa. Allegedly, someone (a passerby) threw a cigarette while
gasoline was being transferred which caused the fire. But there was
no evidence presented to prove this theory and no other explanation
can be had as to the real reason for the fire. Apparently also,
Caltex and the branch owner (Mateo Boquiren) failed to install a
concrete firewall to contain fire if in case one happens.
ISSUE:Whether or not Caltex and Boquiren are liable to pay for
damages.
HELD:Yes. This is pursuant to the application on the principle
of res ipsa loquitur (the transaction speaks for itself) which
states: where the thing which caused injury, without fault of the
injured person, is under the exclusive control of the defendant and
the injury is such as in the ordinary course of things does not
occur if he having such control use proper care, it affords
reasonable evidence, in the absence of the explanation, that the
injury arose from defendants want of care. The gasoline station,
with all its appliances, equipment and employees, was under the
control of Caltex and Boquiren. A fire occurred therein and spread
to and burned the neighboring houses. The persons who knew or could
have known how the fire started were Boquiren, Caltex and their
employees, but they gave no explanation thereof whatsoever. It is a
fair and reasonable inference that the incident happened because of
want of care.Note that ordinarily, he who charges negligence shall
prove it. However, res ipsa loquitur is the exception because the
burden of proof is shifted to the party charged of negligence as
the latter is the one who had exclusive control of the thing that
caused the injury complained of.
