SECOND DIVISION

[G.R. No. L-47772. August 31, 1978.]

INOCENCIO TUGADE , petitioner, vs. COURT OF APPEALS, and PEOPLE OF

THE PHILIPPINES , respondents.

Manuel M. Camacho for petitioner.

Solicitor General Estelito P. Mendoza, Assistant Solicitor General Nathanael P. de
Pano, Jr. and Solicitor Francisco J. Bautista for respondents.

SYNOPSIS

Respondent court affirmed the lower court's judgment finding the accused Inocencio
Tugade guilty beyond reasonable doubt of the crime of reckless imprudence resulting in
damage to property. In this petition for review, its application of the Supreme Court's
pronouncement in La Mallorca and Pampanga Bus Co. vs. Jesus, L-21486, May 14, 1966 is
assailed, petitioner contending that in its stead, decisions of respondent court maintaining
that a mishap caused by a fortuitous event does not give rise to liability for negligence
should have been taken into consideration in rendering judgment.
The Supreme Court ruled that its decisions are definitive, authoritative and binding on
those occupying the lower ranks in the judicial hierarchy; that respondent lower court had
no choice but to abide by the doctrine laid down by the Supreme Court decisions on the
matter; and that the principle enunciated in the La Mallorca case was but a reiteration of
previously settled rule that for an event to be fortuitous in character, there should exist
some extraordinary circumstance independent of the will of the obligor, or of his
employee, an element absent in the case at bar, which rightly called for the conviction of
the accused.
Judgment affirmed.

SYLLABUS

1. CONSTITUTIONAL LAW; JUDICIARY; DECISIONS OF THE SUPREME COURT FINAL

AND AUTHORITATIVE. — "The delicate task of ascertaining the significance that attaches
to a constitutional or statutory provision, an executive order, a procedural norm or a
municipal ordinance is committed to the judiciary. It discharges a role no less crucial than
that appertaining to the other two departments in the maintenance of the rule of the law.
To assure stability in legal relations and avoid confusion, it has to speak with one voice. It
does so with finality and rightly, through the highest judicial organ, the Supreme Court.
What it says should be definitive and authoritative, binding on those occupying the lower
ranks in the judicial hierarchy. They have to defer and to submit." (citing Barrera v. Barrera,
L-31589, July 31, 1970).
2. ID.; ID.; ID.; LOWER COURTS TO ABIDE BY FINAL JUDGMENTS OF THE SUPREME
COURT. — The Supreme Court, by tradition and in our system of judicial administration, has
the last word on what the law is; it is the final arbiter of any justiciable controversy. There is
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 only one Supreme Court from whose decisions all other courts should take their bearings.
3. TORTS AND DAMAGES; FORTUITOUS EVENT; MISHAP CAUSED BY DEFECTIVE
BRAKES NOT FORTUITOUS IN CHARACTER. — An essential element of a caso fortuito is
the occurrence of some extraordinary circumstance independent of the will of the obligor,
or of his employees. This element is lacking in the present case. It is not suggested that
the accident in question was due to an act of God or to adverse road conditions which
could not have been foreseen. As far as the record shows, the accident was caused either
by defects in the automobile or else through the negligence of its driver. This is not a caso
fortuito which would call for an acquittal of the driver.

DECISION

FERNANDO , J : p

There is nothing impressive about this petition seeking to justify a review of a decision of
respondent Court of Appeals on the ground that instead of relying on what counsel
considers applicable rulings of respondent Court. the judgment was based on a case
decided by this Tribunal. Moreover, counsel for petitioner ignored earlier doctrines of this
Court consistently holding that a mishap caused by defective brakes could not be
considered as fortuitous in character and thus called for an acquittal of the driver if
subsequently haled to court. This Court, nonetheless, was persuaded to give due course to
the petition primarily for clarifying the state of the law and thus hopefully avoid any further
lurking doubt on the matter. It is quite evident that a reversal of the decision sought to be
reviewed is not justified. cdll

The decision of respondent Court, with Justice Julia Agrava as ponente, set forth the
relevant facts thus: "At about 9:15 o'clock in the morning of January 4, 1972, Rodolfo
[Rayandayan] was driving a Holden Kingswood car (the [Holden] car), bearing plate No. 52-
19V (L-Rizal '71), owned by the Sta. Ines Mining Corp. and assigned for use of its manager,
on Ayala Avenue in Makati, Rizal, going northwards. At the intersection of Ayala Avenue and
Makati Avenue, [Rayandayan] was going to turn left on Makati Avenue but he stopped to
wait for the left turn signal and because a jeep in front of him was also at a stop . . . .While
in that stop position, the [Holden] car was bumped from behind by Blue Car Taxi, bearing
Plate No. 55-71R (TX-QC '71) and driven by Inocencio [Tugade] causing damage to the
[Holden] car, the repairs of which cost P778.10 . . . [Tugade] was then charged with
Reckless Imprudence Resulting in Damage to Property. He pleaded not guilty and while
admitting that the collision was caused by faulty brakes of his taxicab, sought to exculpate
himself with the explanation that this fault could not and should not be traced to him. After
trial, the lower court held: [Accordingly], the Court finds that accused Inocencio Tugade
guilty beyond reasonable doubt of the crime of reckless imprudence resulting in damage
to property and hereby sentences him to pay a [fine of one thousand (P1,000.00) pesos],
with subsidiary imprisonment in case of insolvency in accordance with the provisions of
Article 39 of the Revised Penal Code, as amended, to indemnify the Sta. Ines Mining
Corporation in the amount of P778.10 by way of actual damages; and to pay the costs.'
While [Tugade] admitted the facts of the case as set out above, he nevertheless, appealed
from the judgment reiterating that `the malfunctioning of the brakes at the time of
accident was due to a mechanical defect which even the exercise of due negligence of a
good father of a family cannot have prevented.' As the lower court had found: `this witness
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 ([Tugade]) testified that after the accident, he admitted that his taxicab bumped the car on
his front because the brakes of his vehicle malfunctioned; and that the document, . . . , is
the handwritten statement he prepared to this effect.'" 1 Respondent Court of Appeals,
after stating that upon review of the record, it agreed with trial court, rendered its decision
affirming in toto the judgment appealed from. LLphil

As noted at the outset, petitioner is not entitled to acquittal. His plea for the reversal of the
decision reached by respondent Court is not impressed with merit. At the most, as was
likewise previously mentioned, the fine imposed could be reduced.
1. Counsel for petitioner vigorously contends that respondent Court of Appeals ought
not to have applied the pronouncement in La Mallorca and Pampanga Bus Co. vs. De Jesus
2 on the ground that it was obiter dictum. That is not the case at all. A little more time and
attention in the study of the above decision could have resulted in its correct appraisal. I
would have realized then that respondent Court acted correctly. This Tribunal passed
squarely on the specific issue raise. The opinion penned by the then Justice, later Chief
Justice Makalintal, is categorical: "Petitioner maintains that a tire blow-out is a fortuitous
event and gives rise to no liability for negligence, citing the rulings of the Court of Appeals
in Rodriguez v. Red Line Transportation Co., CA-GR No. 8136, December 29, 1954, and
People v. Palapal, CA-GR No. 18480, June 27, 1958. These rulings, however, not only are
not binding on this Court but were based on considerations quite different from those that
obtain in the case at bar." 3 The above doctrine is controlling. The reference to the Court of
appeals decisions is of no moment. 4 It may be printed out that they were not ignored in
the opinion of Justice Agrava, six of its nine pages being devoted to distinguishing them.
Even without the La Mallorca ruling then, the decision of respondent Court sought to be
reviewed can stand the test of strict scrutiny. It is this Tribunal, not respondent Court of
Appeals, that speaks authoritatively.
2. Respondent Court of Appeals really was devoid of any choice at all. It could not have
ruled in any other way on the legal question raised. This Tribunal having spoken, its duty
was to obey. It is as simple as that. There is relevance to this excerpt from Barrera v.
Barrera: 5 "The delicate task of ascertaining the significance that attaches to a
constitutional or statutory provision, an executive order, a procedural norm or a municipal
ordinance is committed to the judiciary. It thus discharges a role no less crucial than that
appertaining to the other two departments in the maintenance of the rule of law. To assure
stability in legal relations and avoid confusion, it has to speak with one voice. It does so
with finality, logically and rightly, through the highest judicial organ, this Court. What it says
then should be definitive and authoritative, binding on those occupying the lower ranks in
the judicial hierarchy. They have to defer and to submit." 6 The ensuing paragraph of the
opinion in Barrera further emphasizes the point: "Such a thought was reiterated in an
opinion of Justice J.B.L. Reyes and further emphasized in these words: 'Judge Gaudencio
Cloribel need not be reminded that the Supreme Court, by tradition and in our system of
judicial administration, has the last word on what the law is; it is the final arbiter of any
justifiable controversy. There is only one Supreme Court from whose decisions all other
courts should take their bearings.'" 7

3. The lack of merit in this petition becomes even more obvious when it is recalled that
the La Mallorca decision did not enunciate a new principle. As far back as Lasam v. Smith,
8 promulgated more than half a century ago, in 1924 to be exact, this Court has been
committed to such a doctrine. Thus; "As will be seen, these authorities agree that some
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 extraordinary circumstance independent of the will of the obligor, or of his employees, is
an essential element of a caso fortuito. Turning to the present case, it is at once apparent
that this element is lacking. It is not suggested that the accident in question was due to an
act of God or to adverse road conditions which could not have been foreseen. As far as the
record shows, the accident was caused either by defects in the automobile or else through
the negligence of its driver. That is not a caso fortuito." 9 Lasam was cited with approval in
the two subsequent cases of Son v. Cebu Autobus Co. 1 0 and Necesito v. Paras. 1 1
WHEREFORE, The decision of respondent Court of Appeals of December 15, 1977 is
affirmed. No costs.
Barredo, Antonio, Aquino, Concepcion Jr., and Santos, JJ., concur.
Footnotes

1. Decision, Record on Appeal, 16-17.

2. L-21486, May 14, 1966, 17 SCRA 23.

3. Ibid, 24.
4. The cases follow: People v. Hatton, CA-GR No. 8310-R, Feb. 11, 1953; People v. Oligan,
CA-GR No. 05583-Cr., Aug. 17, 1967; People v. Palapal, CA-GR No. 1.8480-Cr., June 27,
1958; People v. Bandonil, CA-GR No. 25513-R, May 25, 1959; People v. Aralar, CA-GR No.
01451-Cr., November 29, 1963; and People v. Buenaventura, CA-GR No. 00626-Cr., April
30, 1964.

5. L-31589, July 31, 1970, 34 SCRA 98.

6. Ibid, 107. The opinion of Justice Laurel in People v. Vera, Phil. 56 (1937) was cited.

7. Ibid. Justice J.B.L. Reyes spoke thus in Albert v. Court of First Instance of Manila (Br. VI),
L-26364, May 29, 1968, 23 SCRA 948, 961.
8. 45 Phil. 657.

9. Ibid, 661-662.
10. 94 Phil. 892 (1954).

11. 104 Phil. 75 (1958).

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