Genobiagon v.

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