Salud Villanueva Vda.

De
Bataclan vs Mariano Medina
Pass-midnight in September 1952, Juan Bataclan rode a bus owned by Mariano Medina
from Cavite to Pasay. While on its way, the driver of the bus was driving fast and when he
applied the brakes it cause the bus to be overturned. The driver, the conductor, and some
passengers were able to free themselves from the bus except Bataclan and 3 others. The
passengers called the help of the villagers and as it was dark, the villagers brought torch
with them. The driver and the conductor failed to warn the would-be helpers of the fact that
gasoline has spilled from the overturned bus so a huge fire ensued which engulfed the bus
thereby killing the 4 passengers trapped inside. It was also found later in trial that the tires
of the bus were old.
ISSUE: Whether or not the proximate cause of the death of Bataclan et al was their burning
by reason of the torches which ignited the gasoline.
HELD: No. The proximate cause was the overturning of the bus which was caused by the
negligence of the driver because he was speeding and also he was already advised by
Medina to change the tires yet he did not. Such negligence resulted to the overturning of the
bus. The torches carried by the would-be helpers are not to be blamed. It is just but natural
for the villagers to respond to the call for help from the passengers and since it is a rural
area which did not have flashlights, torches are the natural source of lighting. Further, the
smell of gas could have been all over the place yet the driver and the conductor failed to
provide warning about said fact to the villagers.
WHAT IS PROXIMATE CAUSE?
Proximate cause is that cause, which, in natural and continuous sequence, unbroken by
any efficient intervening cause, produces the injury, and without which the result would not
have occurred.
And more comprehensively, the proximate legal cause is that acting first and producing the
injury, either immediately or by setting other events in motion, all constituting a natural and
continuous chain of events, each having a close causal connection with its immediate
predecessor, the final event in the chain immediately effecting the injury as a natural and
probable result of the cause which first acted, under such circumstances that the person
responsible for the first event should, as an ordinary prudent and intelligent person, have
reasonable ground to expect at the moment of his act or default that an injury to some
person might probably result therefrom.

MERCURY DRUG CORPORATION v. SEBASTIAN BAKING

2007 / Sandoval-Gutierrez / Petition for review on certiorari of CA decision and resolution
The cause > Different categories > Proximate
Sebastian Baking went to Dr. Cesar Sys clinic for a medical check-up. The next day, after undergoing
several tests, Dr. Sy found that Bakings blood sugar and triglyceride levels were above normal, so he
gave him 2 medical prescriptionsDiamicron (blood sugar) and Benalize (triglyceride). Baking went to
Mercury Drug Alabang branch to buy the medicines. However, the saleslady misread the prescription
 as Dormicum, a potent sleeping tablet, so that was what was sold to Baking. Unaware that he was
given the wrong medicine, Baking took one Dormicum pill a day for 3 days.
On the 3rdday of taking the medicine, Baking figured in a vehicular accident, as his car collided
with Josie Peraltas car. Baking fell asleep while driving, and he could not remember anything about the
collision nor felt its impact. Suspecting that the tablet he took may have a bearing on his state at the
time of the collision, he returned to Dr. Sy, who was shocked to find that what was sold to Baking was
Dormicum.
Baking filed a complaint for damages against Mercury Drug. RTC rendered its decision in favor
of Baking. CA affirmed RTC.
MERCURY DRUG EMPLOYEE GROSSLY NEGLIGENT IN SELLING DORMICUM
To sustain a claim based on NCC 2176, the following requisites must concur:
Damage suffered by plaintiff
Fault or negligence of defendant
Connection of cause and effect between A & B
The drugstore business is imbued with public interest. The health and safety of the people will be put
into jeopardy if drugstore employees will not exercise the highest degree of care and diligence in
selling medicines. The care required must be commensurate with the danger involved, and the skill
employed must correspond with the superior knowledge of the business which the law demands.
Considering that a fatal mistake could be a matter of life and death for a buying patient, the
employee should have been very cautious in dispensing medicines. She should have verified WON the
medicine she gave was what was prescribed by Dr. Sy.
MERCURY DRUG ALSO LIABLE UNDER NCC 2180
It failed to prove that it exercised the due diligence of a good father of a family in the selection and
supervision of the employee
PROXIMATE CAUSE OF THE ACCIDENT NEGLIGENCE OF DRUGSTORE EMPLOYEE
Proximate cause any cause that produces injury in a natural and continuous sequence,
unbroken by any efficient intervening cause, such that the result would not have occurred
otherwise; determined from the facts of each case, upon a combined consideration of logic,
common sense, policy and precedent
Vehicular accident could not have occurred had the drugstore employee been careful in
reading the prescription; without the potent effects of Dormicum, a sleeping tablet, it was unlikely
that Baking would fall asleep while driving his car, resulting in a collision
AWARD 50k moral damages, 25k exemplary damages