As mentioned above, the requisites for the application of the res ipsa loquitur rule are the following: (1) the
accident was of a kind which does not ordinarily occur unless someone is
negligent; (2) the instrumentality or agency which caused the injury was under
the exclusive control of the person charged with negligence; and (3) the injury
suffered must not have been due to any voluntary action or contribution on the
part of the person injured.
In the instant case, the Fuzo Cargo Truck would not have had hit
the rear end of the Mitsubishi Galant unless someone is negligent. Also, the
Fuzo Cargo Truck was under the exclusive control of its driver, Reyes. Even if
respondents avert liability by putting the blame on the Nissan Bus driver,
still, this allegation was self-serving and totally unfounded. Finally, no
contributory negligence was attributed to the driver of the Mitsubishi Galant.
Consequently, all the requisites for the application of the doctrine of res ipsa loquitur are present, thereby creating a
reasonable presumption of negligence on the part of respondents (Malayan Insurance Co., Inc. Vs. Rodelio
Alberto and Enrico Alberto Reyes, G.R. No. 194320. February 1,
2012).
