Title
Supreme Court
Abrogar vs. Cosmos Bottling Co.
Case
G.R. No. 164749
Decision Date
Mar 15, 2017
A minor died during a marathon due to inadequate safety measures; organizers held liable for negligence, while the sponsor was absolved. Damages awarded for loss of earning capacity.

Case Digest (G.R. No. L-59463)
Expanded Legal Reasoning Model

Facts:

  • Organization of the Marathon
    • Cosmos Bottling Company (Cosmos) sponsored the “1st Pop Cola Junior Marathon,” held on June 15, 1980 in Quezon City; Intergames, Inc. (Intergames) was the sole organizer and had full control over race logistics.
    • A 10-kilometer route was plotted from the Interim Batasang Pambansa Lane, through Don Mariano Marcos Avenue, ending at the Quezon City Hall compound; police permitted the event only if the road remained open to vehicular traffic.
  • Accident and Death of Rommel Abrogar
    • Rommel Abrogar, an 18-year-old minor, registered and participated in the race wearing an official number; no road closures, barriers, or adequate coordination of marshals prevented mixed running and vehicular flow.
    • While running alongside other participants, Rommel was struck in the head by a jeepney racing a competing minibus; he received medical attention at Ospital ng Bagong Lipunan but died later that day from severe head injuries.
  • Procedural History
    • Petitioners (Rommel’s parents) sued Cosmos and Intergames in 1980 for actual and compensatory damages, loss of earning capacity, moral and exemplary damages, attorney’s fees and litigation expenses.
    • The Regional Trial Court (RTC) in 1991 found both respondents jointly liable, awarding P28,061.63 actual damages, P100,000 moral, P50,000 exemplary damages, and 10% attorney’s fees.
    • The Court of Appeals (CA) in 2004 reversed the RTC, absolving both respondents: it held Intergames not negligent (ordinary diligence was exercised), applied assumption of risk, and ruled Cosmos as mere sponsor without liability.
    • Petitioners elevated the case to the Supreme Court, challenging (a) finding of no negligence by Intergames; (b) applicability of assumption of risk; (c) absolution of Cosmos; and (d) denial of damages for loss of earning capacity and other awards.

Issues:

  • Whether Intergames was negligent in staging the marathon and whether such negligence was the proximate cause of Rommel’s death.
  • Whether Cosmos, as financial sponsor, can be held jointly and severally liable with Intergames.
  • Whether the doctrine of assumption of risk bars petitioners’ recovery.
  • Whether petitioners are entitled to damages for loss of earning capacity, and to the actual, moral, exemplary damages and attorney’s fees awarded by the RTC.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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