Tuesday, February 07, 2006

Wowowee

Deaths in ULTRA. 74 dead 500 injured in ULTRA.

Issue: Whether ABS CBN, Wowowee officials, ULTRA officials are jointly and severally liable for the death and harm afflicted on hundreds of people in ULTRA, February 4, 2006 at its show Wowowee?

Ruling: Art. 2176, Civil Code: Whoever by act or omission causes damage to another, there being fault or negligence, is obliged to pay for the damage done. . .
Art. 2180, Civil Code: The obligation imposed by article 2176 is demandable not only for one's own acts or omission, but also for those of persons for whom one is responsible
GR No. L-29993 – The Supreme Court absolved the municipal councilors in the death of a certain Vicente Fontanilla in Malasiqui, Pangasinan, 1959. In this scenario, Fontanilla died because of the collapse of the stage used in the entertainment show in the town fiesta.
Mitigating/Aggravating Circumstances – There is not a single person dead this time, but 74, with 500 injured. This may be used against ABS.

Other Issues – Tens of thousands came, and it is a situation for accident to happen. Did ABS, ULTRA and Wowowee jointly or severally created an unsafe situation for accident to happen? Further, did ABS, ULTRA and Wowowee jointly and severally exercised the diligence of a good father in order to be exonerated? Was there enough ambulances, first aid personnel and police in case something happens? One report stated that an hour has passed without even a single medical personnel coming at the scene. Several people could have been saved. These are the concerns that the court will scrutinize if ever a court case will prosper against ABS-CBN, Ultra or Wowowee.

Application and Conclusion – Only the court has the right to do this. We only opine. We don’t have all the facts. Even the reports above will classify as hearsay.

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