G.R. No. 164749 - Abrogar vs. Cosmos Bottling Co.

Romulo Abrogar and Erlinda Abrogar filed suit for damages for the death of their son, Rommel, a participant in the 1st Pop Cola Junior Marathon held June 15, 1980.
Intergames, Inc. organized and supervised the marathon; Cosmos Bottling Company sponsored the event and furnished P55,000 under a written sponsorship contract.
The plotted 10-kilometer course started at the Interim Batasang Pambansa (IBP Lane) and ran through public roads including Don Mariano Marcos Avenue to Quezon City Hall (finish line).
Rommel, aged 18 at the time, applied, was accepted, received an official number, attended a pre-race briefing and surveyed the route, and signed a waiver and parental consent as conditions of participation.
During the race on Don Mariano Marcos Avenue, Rommel was bumped by a passenger jeepney allegedly racing a minibus and other vehicles; he sustained severe head injuries and died the same day; a criminal case was filed against the jeepney driver.

Intergames, Inc. conducted an ocular inspection, sought permits and police assistance, put up directional signs and water stations, and requested medical teams and ambulances from cooperating agencies.
The Northern Police District permitted the race only if the road was not blocked off from vehicular traffic; Intergames acknowledged this restriction and testified that it had argued for blocking but was denied.
Intergames had no paid personnel for race-manning and relied on cooperating agencies and volunteers: seven traffic operatives, five motorcycle policemen, fifteen patrolmen, fifteen Boy Scouts, twelve CATs, twenty barangay tanods, three ambulances and three medical teams, Citizens Traffic Action (CTA) units, and police detailees.
Witness testimony established limited written planning, no general assembly of all cooperating agencies, no comprehensive written action plan or rehearsal/dry run, sporadic meetings with agency leaders, and no direct meetings with some police supervisors.

Complaint instituted October 28, 1980 in the then Court of First Instance of Rizal (Quezon City) for actual and compensatory damages, loss of earning capacity, moral and exemplary damages, attorney’s fees and litigation expenses.
Cosmos pleaded it was only sponsor, not organizer, relied on a hold-harmless stipulation in its contract with Intergames, and cross-claimed against Intergames.
Intergames denied liability, invoked par...(Subscriber-Only)

Whether Intergames, Inc. was negligent in organizing and conducting the marathon and whether that negligence was the proximate cause of Rommel Abrogar’s death.
Whether Cosmos Bottling Company can be held jointly and solidarily liable with Intergames, Inc. assuming Intergames was negligent and such negligence was the proximate cause.

Whether the doctrine of assumption of risk precludes recovery by the petitioners.
Whether the petitioners are entitled to dam...(Subscriber-Only)