Nuisance

GR L-35283
Juan del Rosario v. Manila Electric Company
Street, J.
SUMMARY
A wire used by Manila Electric Company for the transmission of electricity burned, parted and
subsequently fell to the ground. The said nuisance was reported by the streets timekeeper Jose
Soco to the company, however, the linemen were slow in responding to the said problem. As a result
of their apparent negligence, Alberto del Rosario died due to a shock after touching it out of curiosity.
The Supreme Court ruled that Meralco was not able to overcome the presumption of negligence and
is therefore liable for damages.
DOCTRINE
There is a presumption of negligence on the part of the company (or private entity) who owns
the property causing the nuisance.
Article 695. Nuisance is either public or private. A public nuisance affects a community or
neighborhood or any considerable number of persons although the extent of the annoyance, danger
or damage upon individuals may be unequal. A private nuisance is one that is not included in the
foregoing definition.
Article 705. The remedies against a private nuisance are:
(1) A civil action; or
(2) Abatement, without judicial proceedings.
IMPORTANT PEOPLE
Julian del Rosario
Alberto del Rosario

Jose Noguera
Jose Soco

Father of the deceased Alberto; petitioner

Deceased kid; touched the live wire out of curiosity and daring (has a
habit of touching wires)
Good neighbor who first noticed the live wire
Timekeeper of the street where the live wire was; reported the same to
MANILA Electric Company

FACTS
1. The accident happened on Dimas-Alang Street, in Caloocan, Rizal.
a. August 4, 1930, 2:00 P.M.
b. Part of the wire had been burned off for some distance from the point where the wire
parted
i. Ordinary number 6 triple braid weather proof wire
1

ii. Commonly used by MERALCO in conducting electricity

c. Jose Noguera noticed the said burning wire and saw it fall to the ground among a
shrubbery.
i. He stepped into a nearby garage and informed and asked Jose Soco to call the
Malabon Station of MERALCO regarding the problem
ii. 2:25 P.M.
1. Soco transmitted the message to MERALCO and received an answer
from the latter that they will be sending an inspector
d. Shortly after 3:00 P.M. the end of the wire was on the ground.
e. At 4:00 P.M. the children from the nearby school were dismissed.
i. Alberto del Rosario, Jose Salvador and Saturnino Endrina were walking along
Dimas-Alang street
ii. The kids saw the wire and Saturnino motioned to touch it.
iii. Jose stopped Saturnino but Alberto said that he was used to touching wires and
subsequently touched it with his index finger.
iv. He immediately fell face downwards exclaiming Ay! Madre. With the end of the
wire remaining in contact with his body which fell near the post.
2. Alberto was taken to St. Lukes Hospital and was pronounced dead.
3. The engineer of MERALCO claimed that it was customary for the company to do special
inspections of wires every 6 months and that the line men and inspectors of MERALCO were
required to be mindful for accidents of this kind.
ISSUE with HOLDING
1. WON MERALCO is liable for the death of Alberto? - YES
a. The Court said that MERALCO was not able to overcome the presumption of
negligence and should therefore be held liable for the incident.
i. Notice was already sent to MERALCO informing them of the situation and the
possible risks of a live wire on the ground.
ii. The Court held that MERALCO should have dispatched its linemen immediately
or as soon as possible. If it was difficult to do so then MERALCO should have
introduced precautionary measures (it took MERALCO more than an hour and a
half to dispatch anyone).

DISPOSITIVE PORTION
The judgment appealed from is therefore reversed and the plaintiff will recover of the defendant the
sum of P1,250, with costs of both instances. So ordered.
OTHER NOTES
WON there was contributory negligence from Alberto. - NO.

The Court also held that contributory negligence cannot be imputed to Alberto because he was a
minor and had a natural curiosity of a child. It is of no moment that Alberto did not heed the warning of
Jose.
Digested by Kim.