Ong v.

Metropolitan Water District

GR L-7664, August 29, 1958

Emergency Recit: The minor Dominador Ong drowned while in one of Metropolitan
Water Districts swimming pools. The parents sought to hold Metropolitan Water
liable for its negligence. The Lower Court found no negligence. On appeal, the Ongs
invoke the last clear chance doctrine in an attempt to hold Metropolitan Water
District liable. The SC found that the doctrine of last clear chance cannot be
applied in this case because the minor Ong went to the big swimming pool without
any companion (in violation of the rules and regulations of the Metropolitan Water
District) as regards the use of pools, and it appearing that the lifeguard responded
to the call for help instantaneously, applying all efforts into play in order to bring
minor Ong back to life,

Facts:
Metropolitan Water District owns/operates 3 recreational swimming pools in
Diliman, QC.
o They have a main pool, surrounded by a wading pool and beginners
pool
o Metropolitan Water District assigned a chief, a male nurse and 6 lifeguards
(trained by the Philippine Red Cross and YMCA)
o The pools are also equipped with a ring buoy, toy roof, towing line, saving kit
and a resuscitator.
o There is also a sanitary inspector in charge of the clinic.
o The rules of the pool are also displayed in conspicuous places
o Although there is no doctor on site, there is a nurse and a sanitary inspector
ready to administer injections or operate the resuscitator.
Dominador Ong, the son of plaintiffs Ong spouses, went to the pools
with his brothers.
o While they were swimming in one of the small pools, Dominador told his
brothers he was going out to buy a Coke. This was about 435pm.
o Upon hearing this, his brothers went to the main pool, and no longer saw
Dominador when he went out and bought his Coke.
o During this time, lifeguard Manuel Abano was going around the pools to
observe the bathers
o At around 440-445pm, some bathers found Dominador motionless under the
water of the main pool
o Lifeguard Abano jumped in the big swimming pool and thereafter applied
artificial respiration
o Then, nurse Armando Rule assisted, followed by Sanitary Inspector Iluminado
Vicente who was carrying the resuscitator.
o A Dr. Ayuyao from UP arrived, however it was too late to save Dominador.
The Ongs sought damages (P50,000), funeral expenses (P5,000) and attorneys
fees (P11,000)
Metropolitan Water claims it exercised due diligence in selecting its employees
and that it observed the diligence required by law under the circumstances.
Lower Court: dismissed the complaint
The Ongs appeal to the SC, seeking to hold Metropolitan Water District liable
under the doctrine of last clear chance
Last Clear Chance: The negligence of the plaintiff (Ong) does not preclude a
recovery for the negligence of the defendant (Metropolitan Water District),
where it appears that the defendant, by exercising reasonable care and
 prudence, might have avoided injurious consequence to the plaintiff
notwithstanding the plaintiffs negligence.

Issue: Can the doctrine of last clear chance be applicable in the death of
Dominador Ong?
Held: NO. The Lower Courts decision is affirmed.
The Ongs claim that even if the minor was partly to blame for the accident,
Metropolitan Water is still liable under the doctrine of last clear chance
because, having the last opportunity to save the victim, it failed to do so.
However, the SC says that the doctrine of last clear chance does not apply
considering the record does not show how the minor Ong got into the big
swimming pool.
The only thing the record is that minor told his brothers that he was going to
Coke, but from that time on nobody knew what happened to him until
his lifeless body was retrieved.
Since it is not known how minor Ong came into the big swimming pool, and it
being apparent that he went there without any companion (in violation of one of
the regulations of Metropolitan Water District), and it appearing that lifeguard
Abao responded to the call for help as soon as his attention was called to it and
immediately after retrieving the body all efforts at the disposal of appellee had
been put into play in order to bring him back to life, it is evident that there is
no room for the application of the doctrine of last clear chance.
The last clear chance doctrine can never apply where the party charged
is required to act instantaneously, and if the injury cannot be avoided by the
application of all means at hand after the peril is or should have been
discovered; at least in cases in which any previous negligence of the party
charged cannot be said to have contributed to the injury.
It should be noted that there is sufficient evidence to show that
Metropolitan Water District took all the necessary precautions to avoid
danger to its patrons.
o The swimming pools of appellee are provided with a ring buoy, toy roof,
towing line, oxygen resuscitator and a first aid medicine kit.
o The bottom of the pools is painted with black colors so as to insure clear
visibility.
o There is on display in a conspicuous place within the area certain rules and
regulations governing the use of the pools.
o Appellee employs 6 lifeguards who are all trained as they had taken a course
for that purpose and were issued certificates of proficiency.
o These lifeguards work on schedule prepared by their chief and arranged in
such a way as to have two guards at a time on duty to look after the safety of
the bathers.
o There is a male nurse and a sanitary inspector with a clinic provided with
oxygen resuscitator.
o And there are security guards who are available always in case of emergency.
o The record also shows that when the body of Ong was retrieved from the
bottom of the pool, the employees of appellee did everything possible
to bring him back to life.
o After he was taken out of the pool, lifeguard Abao immediately gave him
manual artificial respiration.
o Soon thereafter, nurse Armando Rule arrived, followed by sanitary inspector
Iluminado Vicente who brought with him an oxygen resuscitator.
 o When they found that the pulse of the boy was abnormal, the inspector
immediately injected him with camphorated oil.
o When the manual artificial respiration proved ineffective they applied the
oxygen resuscitator until its contents were exhausted.
o And while all these efforts were being made, they sent for Dr. Ayuyao from
the University of the Philippines who however came late because upon
examining the body he found him to be already dead.
All of the foregoing shows that Metropolitan Water District has done
what is humanly possible under the circumstances to restore life to
minor Ong and for that reason it is unfair to hold it liable for his death.
NOTE: The SC took note of the Trial Courts finding that what probably happened
to Ong was that he dived into an area of the pool where the water was only 5.5
feet deep, so he must have hit or bumped his head against the bottom of the
pool, which eventually led to his drowning. As a boy scout, Ong must have
received instructions on swimming, and must have known that it was dangerous
for him to dive in that part of the pool.