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Guide 70 VI Defenses Plainti ? ? s Negligence as the Proximate Cause Art ?rst clause Civil Code Art Art When the plainti ?'s own negligence was the immediate and proximate cause of his injury he cannot recover damages But if his negligence was only contri

VI Defenses Plainti ? ? s Negligence as the Proximate Cause Art ?rst clause Civil Code Art Art When the plainti ?'s own negligence was the immediate and proximate cause of his injury he cannot recover damages But if his negligence was only contributory the immediate and proximate cause of the injury being the defendant's lack of due care the plainti ? may recover damages but the courts shall mitigate the damages to be awarded Cases Manila Electric v Remonquillo Phil The Le Kim v Philippine Aerial Taxi Co G R No November Philippine Long Distance Telephone Co v Court of Appeals GR No September Contributory Negligence Art last clause ? the theory here is that the plainti ? was also negligent together with the defendant to constitute a defense proximate cause of injury damage must be the negligence of defendant Civil Code Art Art In quasi-delicts the contributory negligence of the plainti ? shall reduce the damages that he may recover Cases Gregorio Genobiagon v CA GR No October Phoenix Construction Inc v IAC Philippine Bank of Commerce v CA SCRA C GR Fortuitous Event Civil Code Art Art Except in cases expressly speci ?ed by the law or when it is otherwise declared by stipulation or when the nature of the obligation requires the assumption of risk no person shall be responsible for those events which could not be foreseen or which though foreseen were inevitable ? caso fortuito presents the following essential characteristics ? The cause of the unforeseen and unexpected occurrence or of the failure of the debtor to comply with his obligation must be independent of the human will ? It must be impossible to foresee the event which constitutes the caso fortuito or if it can be foreseen it must be impossible to avoid ? The occurrence must be such as to render it impossible for the debtor to ful ?ll his obligation in a normal manner ? the obligor debtor must be free from any participation in the aggravation of the injury resulting to the creditor Cases Roberto Juntilla v Clemente Fontanar Teodoro M Hernandez v Commission on Audit GR No November Amparo Servando v Philippine Steam Navigation GR No L- - October National Power Corporation v Court of Appeals GR Nos - May Southeastern College Inc v Court of Appeals GR No July EX Assumption of Risk Volenti non ?t injuria -complete defense ? Intentional exposure to a known danger ? One who voluntarily assumed the risk of an injury from a known danger cannot recover in an action for negligence or an injury is incurred ? Plainti ? ? s acceptance of risk by law contract nature of obligation haserased defendant ? s duty so that his negligence is not a legal wrong ? Applies to all known danger ? Elements Ca The plainti ? must know that the risk is present b He must further understand its nature c His choice to incur it is free and voluntary Cases Margarita