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Bernabe Africa Vs Caltex Oblicon PDF

Caltex and Mateo Boquiren were found liable for damages caused by a fire that started at a Caltex gas station in Manila and spread to nearby homes. The fire occurred while a Caltex tank truck was transferring gasoline into the underground storage of the gas station. There was no evidence presented as to the actual cause of the fire. The court applied the legal principle of res ipsa loquitur, which holds that the defendant is presumed negligent when an incident occurs that normally would not happen in the absence of negligence, the incident was caused by something under the defendant's control, and the defendant cannot rebut this presumption. As Caltex and Boquiren had exclusive control over the gas station and its equipment and provided no explanation

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Gervin Arquizal
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61 views1 page

Bernabe Africa Vs Caltex Oblicon PDF

Caltex and Mateo Boquiren were found liable for damages caused by a fire that started at a Caltex gas station in Manila and spread to nearby homes. The fire occurred while a Caltex tank truck was transferring gasoline into the underground storage of the gas station. There was no evidence presented as to the actual cause of the fire. The court applied the legal principle of res ipsa loquitur, which holds that the defendant is presumed negligent when an incident occurs that normally would not happen in the absence of negligence, the incident was caused by something under the defendant's control, and the defendant cannot rebut this presumption. As Caltex and Boquiren had exclusive control over the gas station and its equipment and provided no explanation

Uploaded by

Gervin Arquizal
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G.R. No.

L-12986
March 31, 1966

THE SPOUSES BERNABE AFRICA and SOLEDAD C. AFRICA, and the HEIRS OF
DOMINGA ONG, petitioners-appellants,
vs.
CALTEX (PHIL.), INC., MATEO BOQUIREN and THE COURT OF
APPEALS, respondents-appellees.

FACTS OF THE CASE: 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) lighted a
cigarette and threw a burning match stick near to the main valve 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.(YES)

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 defendant’s 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.

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