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Engada v. CA (2003) Petitioner: Rogelio Engada Respondents: CA and People of the Phils Ponente: Quisumbing, J. Doctrine: In this case, what has been shown is the presence of the application of the emergency rule, not the doctrine of last clear chance. Emergency rule is applied when the other party is denied the time and opportunity to ponder the situation and so, there is no clear chance to speak of. Short version: 2 vehicles, a pick-up and a Tamaraw, were coming from opposite directions. The speeding pick-up, swerved to the Tamaraws lane when the distance between them was only 30 mtrs. They collided and there was serious physical injuries to the Tamaraws passenger. The SC says the doctrine of last clear chance is not applicable because basing on the facts, there was only an emergency situation. The driver of the Tamaraw was not given a clear chance to avoid the oncoming pick-up. 1:30pm, Edwin Iran was driving a blue Toyota Tamaraw jeepney bound for Iloilo City. o On board was Sheila Seyan, the registered owner of the vehicle While traversing the road along Barangay Acquit, the passengers allegedly saw from the opposite direction a speeding Isuzu pick-up (driven by Rogelio Engada) o The pick-up had just negotiated a hilly gradient on the highway When the pick-up was just a few meters away from the Tamaraw, the pick-ups right signal light flashed then swerved to its left (so the pick-up encroached on the lane of the Tamaraw) o The vehicles headed for a collision with each other Seyan, the owner-passenger, shouted at Iran (the Tamaraw driver) to avoid the pick-up. o And so the Tamaraw swerved to his left but the pick-up also swerved to its right The pick-up collided with the Tamaraw. (The pick-up hit hit the Tamaraw at the Tamaraws right front passenger side.) o The head and chassis of the Tamaraw separated from its body o Seyan was thrown out of the Tamaraw and landed on a ricefield o The pick-up stopped diagonally astride the center of the road Seyan and driver, Iran, were brought to Barotac Nuevo Medicare Hospital. o Seyan was profusely bleeding from her nose, in a state of shock with her eyes closed o Later that day, she was transferred to and confined in another hospital (St. Paul) o Her medical certificate said that she suffered a fracture on her fenure, some abrasions, and contusions, and lacerations in her kidney Medical expenses amounted to P130k, Tamaraw ended in a junk heap (loss of P80k) Criminal complaint for damage to property through reckless imprudence with serious physical injuries with MTC-Barotac Nuevo against both drivers (Engada and Iran) o Probable cause was found against Engada o Complaint against Iran was dismissed RTC-Iloilo convicted him. CA affirmed.

Issue: Is the doctrine of last clear chance applicable? Held: No. Ratio: Engadas attempt to blame Tamaraw driver, Iran, for the collision is unfounded. The Tamaraw only swerved to the left to avoid the pick-up, which was already on a head to head position against the Tamaraw. o This has already been established on record. It is a settled rule that a driver abandoning his proper lane for the purpose of overtaking another vehicle in an ordinary situation has the duty to see to it that the road is clear and he should not proceed if he cannot do so in safety. In this case: o There was only a distance of 30 mtrs from the Tamaraw when the pick-up abandoned its lane and swerved to the Tamaraw-s lane. o The pick-up was speeding o So, pick-ups negligence was the proximate cause of the collision. Engada invokes the doctrine of last clear chance because between the 2 drivers, the Tamaraw driver had the last clear chance to avoid the collision. o The doctrine of last clear chance states that a person who has the last clear chance or opportunity of avoiding an accident, notwithstanding the negligent acts of his opponent, is considered in law solely responsible for the consequences of the accident. o BUT no convincing evidence was adduced by Engada to support his invocation of the doctrine. o Instead, what has been shown is the presence of an emergency and the proper application of the emergency rule. Application of the emergency rule: o Engadas act of swerving to the Tamaraws lane at a distance of 30 meters from it and driving the Isuzu pick-up at a fast speed as it approached the Tamaraw, denied the driver of the Tamaraw the time and opportunity to ponder the situation at all. o There was no clear chance to speak of.

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Decision affirmed.