Case Summary (G.R. No. 164749)
Procedural History
The Abrogars sued Cosmos and Intergames for damages (actual, moral, exemplary, loss of earning capacity, attorney’s fees). The Regional Trial Court (RTC) found both jointly and severally liable and awarded damages. Cosmos cross-claimed against Intergames for indemnification under their sponsorship contract. The Court of Appeals (CA) reversed, absolving both respondents on grounds of ordinary diligence, assumption of risk, and lack of liability for a mere sponsor. The Supreme Court granted certiorari to resolve conflicts in factual findings and legal conclusions.
Issues Presented
- Whether Intergames was negligent in organizing the marathon.
- Whether any negligence by Intergames was the proximate cause of Rommel’s death despite the jeepney driver’s fault.
- Whether Rommel assumed the risk of vehicular accident, barring recovery.
- Whether Cosmos, as sponsor, can be held liable for injuries arising from the event.
- Whether the heirs may recover loss of earning capacity for a minor with no employment history.
Negligence of the Organizer
Negligence is the failure to exercise the diligence required by the nature of the obligation, considering person, time, and place (Art. 1173). An organizer must foresee dangers and take precautions a prudent person would take. Intergames chose a busy highway route without traffic closure, fully aware of heightened risks. It lacked its own marshals and relied on volunteers and multiple agencies but held few preparatory meetings, no written action plan, no dry run, and provided no systematic instructions. Given the participants’ youth and inexperience, this ad hoc coordination fell short of ordinary diligence. The Supreme Court found that Intergames’ decision to proceed on a non-insulated highway and its failure to ensure proper volunteer coordination constituted gross negligence.
Proximate Cause of Death
Proximate cause requires a continuous causal link from defendant’s negligence to injury. Although the jeepney driver’s recklessness intervened, it was a foreseeable risk set in motion by Intergames’ inadequate safety measures. The dangerous condition (running beside traffic) and lack of proper supervision directly enabled the fatal collision. No independent, unforeseeable cause broke that chain. Intergames’ negligence remained the proximate cause of Rommel’s death.
Assumption of Risk
Assumption of risk applies when a plaintiff knowingly and voluntarily accepts a specific, appreciated danger. Death by vehicular impact on a public road is neither an inherent nor obvious risk of marathon running; participants reasonably expect an organizer to ensure a safe course. Rommel’s general awareness of traffic did not equate to knowledge and appreciation of the fatal risk. As a minor, his consent through waiver cannot bar recovery for grossly negligent safety failures.
Liability of the Sponsor
Cosmos Bottling’s role was limited to financial sponsorship under a written agreement expressly delegating organization, route selection, staffing, and permits to Intergames. Absent evidence of Cosmos’s participation in event planning or safety measures, it cannot be deemed a proximate cause of the injury. Sponsorship alone, without operational control, is too remote to impose tort liability.
Damages and Recoveries
Under Articles 2202 and 2206 of the Civil Code, plaintiffs reco
Case Syllabus (G.R. No. 164749)
Facts of the Case
- On June 15, 1980, Cosmos Bottling Company (sponsor) and Intergames, Inc. (organizer) staged the “1st Pop Cola Junior Marathon” in Quezon City.
- The 10-kilometer course began at the Interim Batasang Pambansa (IBP) premises, proceeded along Don Mariano Marcos Avenue (DMMA) with participants running alongside regular traffic, and ended at the Quezon City Hall compound.
- Rommel Abrogar, then age 18, applied, complied with requirements (including a parental consent, medical certificate, and waiver), and received an official race number.
- While running on DMMA, Rommel was struck by a jeepney driven negligently, rushed to Ospital ng Bagong Lipunan, and died that same day from severe head injuries.
Procedural History
- October 28, 1980: Petitioners filed suit in the then Court of First Instance of Rizal for actual, compensatory, moral, exemplary damages, loss of earning capacity, attorney’s fees, and litigation expenses.
- May 10, 1991: Regional Trial Court (Branch 83, Quezon City) rendered judgment in favor of the petitioners, holding Cosmos and Intergames jointly and severally liable.
- March 10, 2004: Court of Appeals reversed the RTC judgment, absolving both Cosmos and Intergames.
- March 15, 2017: Supreme Court issued its decision on the petition for review on certiorari.
Issues Presented
- Whether Intergames, as organizer, was negligent and whether that negligence was the proximate cause of Rommel’s death.
- Whether Cosmos, as sponsor, could be held jointly and solidarily liable with Intergames.
- Whether the negligence of the jeepney driver constituted an efficient intervening cause.
- Whether the doctrine of assumption of risk barred recovery.
- Whether petitioners could recover damages for Rommel’s loss of earning capacity.
- Whether petitioners were entitled to the actual, moral, and exemplary damages awarded by the RTC.
RTC Findings and Judgment
- Intergames failed to exercise due diligence: did not block off the route from traffic, provided inadequate safety measures and marshals.
- Waiver signed by Rommel did not cover vehicular accidents.
- Cosmos, as principal mover and beneficiary, owed participants a duty of safety and could not exempt itself by contract.
- Awarded P28,061.63 actual damages; P100,000 moral; P50,000 exemplary; and 10% of P178,061.63 (P17,806.16) attorneys’ fees.
- Ordered Intergames to indemnify Cosmos on its cross-clai