Civil Law and Land Titles and Deeds › Torts and Quasi-delicts
E. Proximate Cause
D. Proximate Cause; Concept; Doctrine of Last Clear Chance
Proximate cause is that cause, which, in a natural and continuous sequence, unbroken by any efficient intervening cause, produces the injury, and without which the result would not have occurred. (Ramos v. C.O.L. Realty, G.R. No. 184905, August 28, 2009)
NOTE: Proximate cause is not necessarily the immediate cause; it’s not necessarily the nearest time, distance, or space. (People v. Elizalde, 59 Off. Gaz. 1241)
Proximate cause is not necessarily the last link in the chain of events but that which is the procuring efficient and predominant cause.
Updated: Several concurrent negligent acts may each be a proximate cause of one injury, rendering the actors solidarily liable (Philippine Airlines, Inc. v. Lim, G.R. No. 168987, 17 October 2012).
Application of proximate cause
The doctrine of proximate cause is applicable only in actions for quasi-delict, not in actions involving breach of contract.
The doctrine is a device for imputing liability to a person where there is no relation between him and another party. In such a case, the obligation is created by law itself. But, where there is a preexisting contractual relation between the parties, it is the parties themselves who create the obligation, and the function of the law is merely to regulate the relation thus created. (Calalas v. CA, G.R. No. 122039. May 31, 2000)
Proximate, Intervening, Remote, and Concurrent causes distinguished
| PROXIMATE CAUSE | It is the cause which, in natural and continuous sequence, unbroken by any efficient intervening cause, produces the injury, and without which the result would not have occurred. |
| INTERVENING CAUSE | One that destroys the causal connection between the negligent act and injury and thereby negatives liability. NOTE: Foreseeable Intervening causes cannot be considered sufficient intervening causes. |
| REMOTE CAUSE | That cause which some independent force merely took advantage of to accomplish something not the natural effect thereof. |
| CONCURRENT CAUSE | Two or more causes operating together to produce an injury; each negligent act that is a proximate cause may give rise to liability under Civil Code, Art. 2194. Here, the proximate cause is not necessarily the sole cause of the accident. |
What is the Difference between Mode and Title?
| MODE | TITLE |
| Directly and immediately produces a real right | Serves merely to give the occasion for its acquisition or existence |
| The means | The juridical cause |
| Proximate cause | Remote cause |
| Means whereby the right is acquired or transmitted | Juridical basis for the right to be acquired or transmitted |
substantial factor test
makes the negligent conduct the cause in fact of the damage if it was a substantial factor in producing the injuries
In order to be a substantial factor in producing the harm, the causes set in motion by the defendant must continue until the moment of the damage or at least down to the setting in motion of the final active injurious force which immediately produced or preceded the damage.
Note: The “but for” test is being applied in this jurisdiction. The definition of proximate cause, in fact, includes a statement which indicates the applicability of the “but for test.”
Authorities
- Calalas v. Court of Appeals, G.R. No. 122039, 31 May 2000
- People v. Elizalde, G.R. No. 210434, 5 December 2016
- Ramos v. C.o.l. Realty Corporation, G.R. No. 184905, 28 August 2009