G.R. No. 127843 - People vs. Bato

Plaintiffs–Appellants: Mr. and Mrs. Amador C. Ong, seeking ₱50,000 as damages, ₱5,000 funeral expenses, and ₱11,000 attorneys’ fees for the drowning death of their 14-year-old son Dominador in defendant’s swimming pool.
Defendant–Appellee: Metropolitan Water District, a government-owned corporation operating public swimming pools in Quezon City; admits drowning but pleads contributory negligence or unavoidable accident and due diligence in employee selection and supervision.
Lower Court Decision: Complaint dismissed for lack of liability; appellants appealed to the Supreme Court due to amount involved exceeding ₱50,000.

Swimming Pools: Three pools at Balara filters—one main pool with diving boards, two smaller oval pools (“Wading” and “Beginners”); depth markers displayed; bottom painted dark for visibility.
Personnel and Equipment: Recreational section headed by Simeon Chongco, with male nurse Armando Rule and six Philippine Red Cross–trained lifeguards; two lifeguards on duty each shift; ring buoy, towing line, “toy roof,” saving kit, oxygen resuscitator, first aid kit; clinic staffed by a sanitary inspector; conspicuous rules forbidding solo swimming; security guards on premises.

Sequence of Events: July 5, 1952—Dominador and brothers arrived ~1:45 pm, entered shallow pool; at 4:35 pm Dominador left to get a soda; brothers moved to deep pool and did not see him thereafter.
Discovery and Response: Between 4:40–4:45 pm boys alerted lifeguard Manuel Abano, who promptly dived, retrieved Dominador from the bottom of the big pool, and began manual artificial respiration. Nurse Rule and SAN Vicente arrived with resuscitator and camphorated oil; after tanks exhausted, Dr. Ayuyao summoned but arrived to find victim already dead.
Autopsy Findings: Conducted July 6, 1952, by Dr. Enrique V. de los Santos (NBI)—abrasions and contusions on head and elbow, brain congestion with subcortical hemorrhage, lung froth, cyanosis, organ congestion, brownish gastric fluid; cause of death asphyxia by submersion.

Governing Rules: Civil Code Articles 2176 (quasi-delict liability for fault or negligence) in relation to 2080 (liability for acts of persons for whom one is responsible).
Evidence on Negligence: Plaintiffs’ witnesses alleged lifeguard delay due to reading a magazine; trial court disregarded this as inconsistent with contemporaneous written statements and uncorroborated.
Defendant’s Due Diligence: Proven training and scheduling of lifeguards, safety equipment, posted regulations, prompt rescue and resuscitation efforts.

Whether appellants proved negligence of defendant or its employees sufficient to establish liability under Articles 2176 and 2080 of the Civil Code.
Whether, despite possible contributory negligence of the minor, the doctrine of “last clear chance” renders defendant liable for his death.