Ilocos Norte Electric Company v CA iron gate and fence of steel matting, thus, charging the latter with

tting, thus, charging the latter with electric current

GR No 53401 | Nov 6, 1989 whenever the switch is on. This might have caused the electrocution.
The CFI ruled in favor of INELCO and dismissed the complaint but awarded P25000
When an act of God combines with defendants negligence to produce an injury, in moral damages and attorneys fees of P45000.
defendant is liable if the injury would not have resulted but for his own negligent The CA set aside the CFI decision and ordered INELCO to pay actual damages of
conduct. P30229.45, compensatory damages of P50000, exemplary damages of P10000,
attorneys fees of P3000, plus the cost of the suit.
FACTS
Typhoon Gening buffeted the province of Ilocos Norte, bringing heavy rains and ISSUE
consequent flooding in its wake. W/N INELCO is liable for damages since typhoons and floods are fortuitous events
After the typhoon had abated and when the floodwaters were beginning to recede, NO
the deceased, Isabel Lao Juan, ventured out, and proceeded to the Five Sisters
RATIO
Emporium, of which she was the owner and proprietress, to look after the
While it is true that typhoons and floods are considered Acts of God for which no
merchandise that might have been damaged.
person may be held responsible, it was not said eventuality which directly caused
Wading in waist-deep flood, Isabel was followed by 2 of her employees. Suddenly,
the victims death. It was through the intervention of petitioners negligence that
the deceased screamed Ay and quickly sank into the water. The two girls attempted
death took place.
to help, but failed. There was an electric wire dangling from a post and moving in
Engr. Juan from the NAPOCOR stated that when he set out that morning for an
snake-like fashion in the water.
inspection, there was no INELCO line man attending to the grounded and
Upon their shouts for help, Ernesto dela Cruz came out of the house of Antonio
disconnected electric lines. The INELCO Office was likewise closed around the time
Yabes. Ernesto tried to go to the deceased, but at four meters away from her he
of the electrocution.
turned back shouting that the water was grounded.
At the INELCO, irregularities in the flow of electric current were noted because
When Antonio Yabes was informed by Ernesto that his mother-in- law had been
amperes of the switch volts were moving. And yet, despite these danger signals,
electrocuted, they requested the police to ask the people of INELCO to cut off the
INELCO had to wait for Engr. Juan to request that defendants switch be cut off
electric current.
but the harm was done. Asked why the delay, Loreto Abijero, one of INELCOs
The body of the deceased was recovered about two meters from an electric post.
linemen answered that he was not the machine tender of the electric plant to switch
Upon the request of the relatives of the deceased, Dr. Castro examined the body.
off the current.
The skin was grayish or, in medical parlance, cyanotic, which indicated death by
In times of calamities, extraordinary diligence requires a supplier of electricity to be
electrocution. On the left palm, the doctor found an electrically charged wound or
in constant vigil to prevent or avoid any probable incident that might imperil life or
a first degree burn. About the base of the thumb on the left hand was a burned
limb. The evidence does not show that defendant did that. On the contrary, evidence
wound. The certificate of death prepared by Dr. Castro stated the cause of death as
discloses that there were no men (linemen or otherwise) policing the area, nor even
circulatory shock electrocution
manning its office.
In defense and exculpation, defendant presented the testimonies of its officers and
The negligence of petitioner having been shown, it may not now absolve itself from
employees, and sought to prove that on and even before the day of Isabel Lao Juans
liability by arguing that the victims death was solely due to a fortuitous event.
death, the electric service system of the INELCO in the whole franchise area, did not
When an act of God combines or concurs with the negligence of the defendant to
suffer from any defect that might constitute a hazard to life and property. The service
produce an injury, the defendant is liable if the injury would not have resulted but
lines, devices and other INELCO equipment had been newly-installed prior to the
for his own negligent conduct or omission
date in question. As a public service operator and in line with its business of supplying
A person is excused from the force of the rule, that when he voluntarily assents to a
electric current to the public, defendant had installed safety devices to prevent and
known danger he must abide by the consequences, if an emergency is found to exist
avoid injuries to persons and damage to property in case of natural calamities such
or if the life or property of another is in peril or when he seeks to rescue his
as floods, typhoons, fire and others.
endangered property. Clearly, an emergency was at hand as the deceaseds
An action for damages in the aggregate amount of P250000 was instituted by the
property, a source of her livelihood, was faced with an impending loss.
heirs of the deceased with the CFI.
INELCO, however, theorizes that the deceased could have died simply by either RULING
drowning or by electrocution due to negligence attributable only to herself. it was CA Decision affirmed with modification, increasing actual damages to P48229.
pointed out that the deceased, without petitioners knowledge, caused the
installation of a burglar deterrent by connecting a wire from the main house to the