The DOCTRINE OF THE LAST CLEAR chance simply, means that the negligence of a claimant

does not preclude a recovery for the negligence of defendant where it appears that the latter,
by exercising reasonable care and prudence, might have avoided injurious consequences to
claimant notwithstanding his negligence.

The doctrine applies only in a situation where the plaintiff was guilty of prior or antecedent
negligence but the defendant, who had the last fair chance to avoid the impending harm and
failed to do so, is made liable for all the consequences of the accident notwithstanding the prior
negligence of the plaintiff The subsequent negligence of the defendant in failing to exercise
ordinary care to avoid injury to plaintiff becomes the immediate or proximate cause of the
accident which intervenes between the accident and the more remote negligence of the
plaintiff, thus making the defendant liable to the plaintiff [Picart v. Smith, supra].

Generally, the last clear chance doctrine is invoked for the purpose of making a defendant liable
to a plaintiff who was guilty of prior or antecedent negligence, although it may also be raised as
a defense to defeat claim (sic) for damages.

The CAPTAIN OF THE SHIP DOCTRINE states that the surgeon’s mere presence in the operating
room subjects the latter to legal liability for everyone’s negligence in that room regardless of
whether the surgeon is himself negligent.

Ordinarily, resident physicians, nurses and other personnel of the hospital are employees or servants of
the hospital. In some instances, they are under the temporary supervision and control of another other
than their employer while performing their duties. By fiction of law, they are deemed borrowed from
the hospital by someone and for any wrongful act committed by them during the period, their
temporary employer must be held liable for the discharge of their acts and duties. In the determination
whether one is a borrowed servant, it is necessary that he is not only subjected to the control of another
with regard to the work done and the manner of performing it but also that the work to be done is for
the benefit of the temporary employer. The common law principle that the employer of a borrowed
employee, rather than the employee's regular employer, is liable for the employee's actions that occur
while the employee is under the control of the temporary employer. Sometimes referred to as
BORROWED EMPLOYEE DOCTRINE.

DOCTRINE OF VICARIOUS LIABILITY

Art. 2176. Whoever by act or omission causes damage to another, there being fault or
negligence is obliged to pay for the damage done. Such fault or negligence, if there is no pre-
existing contractual relation between the parties, is called a quasi-delict and is governed by the
provisions of this Chapter.

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Art. 2180. The obligation imposed by Art. 2176 is demandable not only for one’s own acts or
omissions but also for those of persons for whom one is responsible.

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Employers shall be liable for the damage caused by their employees and household helpers
acting within the scope of their assigned tasks even though the former are not engaged in any
business or industry.

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The responsibility treated of in this article shall cease when the persons herein mentioned
prove that they observed all the diligence of a good father of a family to prevent damage.

Whenever an employee’s negligence causes damage or injury to another, there instantly arises
a presumption juris tantum that the employer failed to exercise diligentissimi patris families in
the selection or supervision of his employee.[23] Thus, in the selection of prospective
employees, employers are required to examine them as to their qualification, experience and
service record. With respect to the supervision of employees, employers must formulate
standard operating procedures, monitor their implementation, and impose disciplinary
measures for breaches thereof. These facts must be shown by concrete proof, including
documentary evidence.

"ARTICLE 266-A. RAPE: WHEN AND HOW COMMITTED. - RAPE IS COMMITTED:

"1) By a man who shall have carnal knowledge of a woman under any of the following
circumstances:

"a) Through force, threat, or intimidation;

"b) When the offended party is deprived of reason or otherwise unconscious;

"c) By means of fraudulent machination or grave abuse of authority; and

"d) When the offended party is under twelve (12) years of age or is demented, even though
none of the circumstances mentioned above be present.
"2) By any person who, under any of the circumstances mentioned in paragraph 1 hereof, shall
commit an act of sexual assault by inserting his penis into another person's mouth or anal
orifice, or any instrument or object, into the genital or anal orifice of another person.