Africa, et al. vs Caltex (Phil.), Inc., et al. No. L- 12986, March 31, 1966 Ponente: J.

Makalintal Facts: A fire broke out at a Caltex service station while gasoline was being hosed from a tank truck into an underground storage. The fire spread and burned several neighboring houses including personal properties and effects inside them. Petitioners sued Caltex as owner of the station and Mateo Boquiren as its agent in charge of operation. Issue: Whether or not, without proof as to the cause or origin of the fire, the doctrine of res ipsa loquitur should apply so as to presume negligence on the part of the appellees? Ruling: Under the doctrine of res ipsa loquitur, "where the thing which caused the injury complained of is shown to be under the management of defendant or his servants and the accident is such as in the ordinary course of things does not happen if those who have its management or control use proper care, it affords reasonable evidence, in the absence of explanation by defendant, that the accident arose from want of care." The principle applies with equal force in the case at bar. The gasoline station, with all its appliances, equipment and employees, was under the control of appellees. A fire occurred therein and spread to and burned the neighboring houses. The persons who knew or could have known the cause of the fire were the appellees and their employees, but they failed to give any explanation. It is fair and reasonable inference that the incident happened because of want of care. In a report submitted by a police officer in the performance of his duties , it was stated that the location of the gasoline station was within a very business district where many people mill around throughout the day until late at night, and that the concrete walls adjoining the neighborhood are only 2.5 meters high at most and cannot prevent the flames from leaping over it in case of fire. The descriptive facts contained in the report only strengthened the presumption of negligence under the doctrine of res ipsa loquitur, since on their face they called for more stringent measures of caution.