G.R. No. 121828 - People vs. Pilola

Astudillo (plaintiff and appellee) instituted an action in the Court of First Instance of Manila seeking PHP 30,000 in damages for the death of her son, Juan Diaz Astudillo.
Manila Electric Company (defendant and appellant) answered, asserting as special defenses that the death was due solely to the deceased's negligence and that the company had exercised the diligence of a good "father of a family" to prevent the injury.
After trial, including an ocular inspection of the place of the fatality, the trial court rendered judgment for the plaintiff for PHP 15,000 and costs.

In August 1928, Juan Diaz Astudillo died from electrocution after placing his right hand on a wire connected to an electric light pole near Santa Lucia Gate, Intramuros, City of Manila.
The Santa Lucia Gate area is a public open space between the Intramuros wall and an Intramuros street, sodded with grass and partially paved, frequented by pedestrians for strolling and recreation.
A wire originally put up by a City employee to prevent dirtying the premises had fallen and was no obstacle; no prohibitory signs were posted.
An electric light pole stood near this public place; the pole was presumably located by municipal authorities and conformed in height to the requirements of the company's franchise.
The feeder wires were of the insulated "triple braid weather proof" type required by the franchise.
The pole and wires were erected in 1920; the last inspection by the City Electrician occurred in 1923 or 1924.
The pole was sited close enough that a person, by reaching out the full length of the arm, could grasp one of the wires.
The City Electrician testified that even a triple braid weather proof wire, if touched by a person, would endanger life by electrocution.
About 6:00 p.m. on August 14, 1928, a group of boys and young men came to the public place; Juan Diaz Astudillo...(Subscriber-Only)

Whether Manila Electric Company was negligent in placing and maintaining its pole and charged wire so near a public place that a person lawfully using that place could be electrocuted.
Whether the death of Juan Diaz Astudillo was caused solely by his own negligence, absolving Manila Electric Company of liability.

Whether compliance by Manila Electric Company with its franchise and City of Manila ordinances conclusively established absence of negligence.
Whether the plaintiff, despite the techni...(Subscriber-Only)