M. H. Rakes v. The Atlantic Gulf And Pacific Company, G.R. No.

1719, January 23, 1907

FACTS: Rakes was a black man working as a laborer for Atlantic Gulf in the early 1900s. One day, they were
working in the company’s yard and they were transporting heavy rails using two cars (karitons?); each car
carrying the opposite ends of the rails. The cars were pulled by rope from the front and other workers are
pushing the cars from behind. There were no side guards installed on the sides of the cars but the rails were
secured by ropes. The track where the cars move were also weakened by a previous typhoon. It was alleged
that Atlantic’s foreman was notified of said damage in the tracks but the same were left unrepaired. While the
cars were being moved and when it reached the depressed portion of the track, and while Rakes was beside
one of the cars, the ropes gave in and the rails slipped thereby crushing his leg and causing it to be amputated.
Rakes sued Atlantic Gulf and he won; he was awarded 5,000 pesos for damages ($2,500).

Atlantic assailed the decision of the lower court alleging that they specifically ordered their workers to be walking
only before or after the cars and not on the side of the cars because the cars have no side guards to protect
them in case the rails would slip. Atlantic also alleged that Rakes should be suing the foreman as it was him who
neglected to have the tracks repaired; that Rakes himself was negligent for having known of the depression on
the track yet he continued to work.

ISSUE: Whether or not Atlantic is civilly liable.

HELD: Yes. Rakes as per the evidence could not have known of the damage in the track as it was another
employee who swore he notified the foreman about said damage. Further, his lack of caution in continuing to
work is not of a gross nature as to constitute negligence on his part. On the other hand though, Rakes
contributory negligence can be inferred from the fact that he was on the side of the cars when in fact there were
orders from the company barring workers from standing near the side of the cars. His disobedient to this order
does not bar his recovery of damages though; the Supreme Court instead reduced the award of damages from
5,000 pesos to 2,500 pesos.

In this case, the SC also elucidated the two kinds of culpa which are:
1. Culpa as substantive and independent, which on account of its origin arises in an obligation between two
persons not formerly bound by any other obligation; may be also considered as a real source of an
independent obligation (extra-contractual or culpa aquiliana).
2. Culpa as an incident in the performance of an obligation which cannot be presumed to exist without the
other, and which increases the liability arising from the already existing obligation (contractual or culpa
contractual).

NOTE: Today the three kinds of negligence are (derived from Roman Law):
1. Culpa Criminal
2. Culpa Contractual
3. Culpa Aquiliana

From: http://www.uberdigests.info/2011/07/rakes-vs-atlantic-gulf/