BJDC CONSTRUCTION v.

LANUZO
G.R. No. 161151

Date of Promulgation: March 24, 2014

Ponente: Bersamin, J.
Petitioner: BJDC Construction
Respondents: Nena Lanuzo, Claudette Lanuzo, Janet Lanuzo, Joan Bernabe Lanuzo, and Ryan Jose Lanuzo

Rules:
1. Requirements for application of res ipsa loquitur:
a. The accident is of a kind that ordinarily does not occur in the absence of someone’s
negligence;
b. It is caused by an instrumentality within the exclusive control of the defendant or
defendants; and
c. The possibility of contributing conduct that would make the plaintiff responsible is
eliminated.

2. Reyes v. Sisters of Mercy Hospital: Res ipsa loquitur is not a rigid or ordinary doctrine to be
perfunctorily used but a rule to be cautiously applied, depending upon the circumstances of each
case.

Facts:
1. Nena Lanuzo filed a complaint for damages against BJDC Construction, the contractor of the re-
blocking project to repair a portion of the national highway at Pili, Camarines Sur.
2. According to Nena, her husband, Balbino Lanuzo, died when his motorcycle sideswiped the road
barricade placed by the company at about 6:30 pm of October 30, 1997.
3. Nena blamed her husband’s demise on the company’s failure to place illuminated warning signs at
the site of the project.

Ratio (Application of Rules to Facts):

The doctrine of res ipsa loquitur has no application in the case at bar. The following proves that the accident
was not caused by an instrumentality under BJDC’s control:

1. Eduardo Zamora, BJDC’s flagman, testified that the site had been illuminated by light bulbs and gas
lamps;
2. SPO1 Pedro Corporal’s investigation report disclosed that “road sign/barricade installed on the road
has a light”; and
3. BJDC submitted an application for lighting permit covering the project site.

In contrast, Balbino had the exclusive control of how he operated and managed his motorcycle. Zamora’s
testimony, which was corroborated by SPO1 Corporal, revealed that Balbino overtook another motorcycle
rider at a fast speed and thus could not avoid hitting the barricade. Furthermore, Balbino’s motorcycle had
headlights that would have allowed him to see dangers on the road ahead at dusk or night.

It must also be noted that Balbino’s cause of death was the fatal depressed fracture at the back of his head.
Considering he was not wearing a helmet at the time of the accident, Balbino is also guilty of negligence in
that respect.