NPC vs. CAFacts: The NPC is tasked to undertake the task of the development of hydroelectric generation of power, as well as the production and transmission of electricity. By virtue of Memorandum Order 398, the NPC constructed the Agus Regulation Dam at a normal maximum water level of 702 meters elevation. Said Dam was built and operated in 1978. In October and November 1986, the fishponds and its improvements were washed away when the water level of the lake escalated and the surrounding areas were flooded. Petitioner denied liability on the ground that it was mandated to operate the dam at a level of 702 meters, and visible benchmarks have been established around the lake as a warning to local residents. As such, a complaint of damages was filed. The RTC ruled in favor of petitioners, which was affirmed by the CA.Issue: WON, Petitioner is liable.Ruling: Yes. By virtue of the MO, petitioner has two duties: (1) maintain operation at 702, and (2) build benchmarks to serve as warning to the residents. Now, petitioner denies liability on the basis that the water level never rose above the maximum level at any point in time. However, upon the ocular inspection conducted by the RTC and both parties were present, it was established that the benchmarks, could not be seen nor reached because they were totally covered by water. By application of the doctrine of res ipsa loquitur (the thing speaks for itself), where the thing which causes injury is shown to be under the management of the defendant, and the accident is such as in the ordinary course of things does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of an explanation by the defendant, that the accident arose from want of care. In the case at bar, the fact that the benchmarks could not be seen nor reached, constitutes proof that the water level did rise above the benchmarks and flooded the areas which caused the damage to respondents fishponds and improvements. In the absence of any clear explanation as to what other factors caused the flooding, it is reasonable to infer that the incident happened because of want of care by petitioner to maintain the water level of the dam within the maximum level.

PLDT vs. CA, Esteban SpousesFacts: Private respondents sustained injuries when their jeep ran over a mound of earth and fell into a trench excavated by petitioner PLDT for the installation of their underground system. Petitioner denies liability on the ground that the accident was caused by respondents own negligence. The RTC awarded damages to respondents, but was reversed by the CA. Issue: WON, PLDT is liable.Ruling: No. As provided for by evidence, the accident occurred due to the lack of diligence of respondents. The accident occurred due to the fact that the jeep was running quite fast, running only on dim lights, and due to an unexplained swerving, hit the mound which then caused their injuries. Moreover, respondents knew of the existence and location of the mound, having passed that same street everyday. Such negligence was not contributory, but proximate in character and thereby precludes them from recovering damages. By exercising reasonable care and prudence, the accident could have been avoided.

Teh Le Kim vs. Phil. Aerial TaxiFacts: Petitioner herein, was a passenger for a flight to Iloilo aboard a hydroplane. Upon landing, and while the engines are still running as a safety precaution, petitioner without the permission of the captain, unfastened his seat straps, went to the pontoon toward the still revolving propeller, which then struck him. The CFI dismissed the case.Issue: WON, PAT is liable.Ruling: No. Petitioner acted with reckless negligence, and sheer lack of common sense, in approaching the revolving propeller, notwithstanding the warning shouts of other people. Moreover, he ought to know that since the plane was still in water, he had to wait for a banca to take him ashore. His negligence alone was the direct cause of the accident, and not the slightest negligence is attributable to the defendant.