Hi, beautiful people in the Aseanhive community! I hope you will read my post with open arms and a smile 😊 though i'll be sharing an unlucky but still fortunate event.
It's a beautiful day. It rained a little and eventually, the sun came out. I just want to look at this side of the road, watch and tell you about a particular tree that fell and caused damages to the neighbors' properties.
It was around mid February night that I heard a crack and snap. Then suddenly a heavy thud sound. A mango tree suddenly fell onto our neighbor's car, roof, fence, and gate. I was stunned but i couldn't react because I was having a class at that moment. I muted my mic and called my daughters, asking them what it was and i told them to look at it to make sure everyone was safe.
That time our neighbor's small family had just got home. The wife and two kids got out of the car. The husband was still in the driver's seat when the tree fell right onto the neighbor's roof, electric lines and into the car's front window right seat. If not for the wires, his wife and the kids would have been directly hit by the fallen tree as well as the husband inside the car would have been injured or worse. Fortunately, there were no casualties. There were minor damages except for their car. It was a tragic and scary accident.
The reason why the tree fell was because its roots were already submerged in water. It almost rains every day here in my city, even now. Unfortunately, the ground becomes soft and it made the roots weaker. You can see the neighbor's damaged fence in the photo.
photo using LiveCollage app
These are also the other neighbor's damaged roof and gate.
I was not expecting the neighbor to be too angry at my father because of what happened. They blamed him for not allowing or contacting someone to cut the mango tree. For Papa, it's a pity because the tree still bears carabao mango. My brother told me that it is the reason why they were mad at him. But my father mentioned that he told the other neighbor who wants the tree to be cut down to contact someone they know who could do it. The morning after the night of the accident, I messaged the wife to say sorry for what happened and ask them how they were and all. What can we do to help? So she told me about the expenses of their damaged car and his uncle's gate and roof. I told her my sisters and I are going to talk about it and come up with an amount.
After a few days, we found out that the husband and his side of the family had vented their anger publicly on social media. They even posted something mocking him or us. The posting ended up as arguments and fight. They were too quick to judge. How could they say those curses? Nobody wants that to happen. They were expecting my parents to reach out to them or even oblige us to pay for damages. Well, we must reach out because that is basic human common sense. My parents were not home at the time of the incident. They were at their store. They sometimes sleep there. They barely go home. They didn't know what happened. It was just my nephews, my daughters, my brother and my husband at home. My brother went to them and they talked. I couldn't go out because I was still in my class. It will be 11 PM when I finish my class. It's too late to go there. Should I go there in this situation? No. I am not a rescuer.
My sister planned to renovate their gate and the roof, but the mocking and bad words in socmed made my sister's decision change. Instead, after a few days, we came up with an amount of money and I personally gave it to them.
The tree was already there even before they were born and before my parents got married. It so happened that the tree was planted on my mother's lot a few steps from the house. It stood beside the neighbor's fence.
It was purely an accident. We feel sorry and sad about the family that was involved and the damaged properties. What lesson I learned from this is the following:
Legal Remedies for Damage to a Vehicle Caused by a Fallen Tree on Private Property in the Philippines
Introduction
Incidents where a neighbor’s tree causes damage to property, such as a vehicle, are not uncommon. The circumstances surrounding such cases often involve questions of liability, negligence, and the extent of legal remedies available under Philippine law. This article comprehensively explores the relevant legal principles, remedies, and procedures in the context of the situation described.
Relevant Laws and Legal Principles
Under Philippine law, cases involving property damage caused by fallen trees primarily hinge on provisions of the Civil Code of the Philippines and related statutes. Key principles to consider include liability for damages, negligence, and property rights and responsibilities.
- Liability for Damage (Civil Code, Articles 2176, 2199, and 1902)
The Civil Code provides that any person who, by act or omission, causes damage to another is liable for such damage if there is fault or negligence (Article 2176). This principle applies to situations where property damage is caused by objects under a person’s control, including trees on private property.
The elements of liability include:
An act or omission by the defendant (the neighbor).
The presence of negligence or fault.
The damage suffered by the plaintiff (vehicle owner).
A direct causal connection between the act/omission and the damage.
If it can be proven that the neighbor failed to maintain the tree properly, such as by neglecting to prune or assess its structural integrity, liability may be established.
- Negligence
Negligence is defined under Article 2176 as the failure to exercise the diligence required to prevent damage to others. The Supreme Court has consistently ruled that the standard of diligence required of a person is that of a good father of a family (bonus pater familias).
A neighbor who owns or maintains a tree is expected to ensure that it does not pose a risk to others. Evidence of neglect, such as failing to remove a decaying tree or ignoring signs of structural instability, may strengthen a claim of negligence.
- Property Rights and Responsibilities (Civil Code, Article 428)
While property owners have the right to enjoy and use their property, this right is not absolute. Article 428 of the Civil Code states that ownership is limited by obligations imposed by law, such as ensuring that one’s property does not cause harm to others. Trees on private property must be maintained to prevent them from endangering neighboring properties.
Legal Remedies
If your vehicle was damaged by your neighbor’s tree, you may pursue the following remedies:
- Extrajudicial Settlement
Before resorting to litigation, you may attempt an amicable settlement with your neighbor. This involves:
Informing your neighbor about the incident and the resulting damage.
Requesting compensation for the repair costs.
Documenting the settlement in writing to avoid future disputes.
- Filing a Claim for Damages
If an amicable settlement is not possible, you may file a claim for damages under Article 2176 of the Civil Code. The claim should establish the neighbor’s negligence and the extent of damage caused to your vehicle.
Steps to File a Claim:
Document the Damage
Take photographs of the fallen tree and the damage to your vehicle. Secure repair estimates or receipts as evidence.
Send a Demand Letter
Before filing a case, send a demand letter to your neighbor, outlining your claim and the compensation sought.
Initiate Legal Action
If the demand letter is ignored or rejected, you may file a case in court. For damages under PHP 400,000, the claim can be filed in the Municipal Trial Court (MTC). For higher amounts, jurisdiction lies with the Regional Trial Court (RTC).
Insurance Coverage
If your vehicle is covered by a comprehensive insurance policy, you may file a claim with your insurer. However, your insurer may later exercise subrogation rights, allowing it to recover costs from your neighbor.Administrative Remedies
If the fallen tree was located on public property or involved a local government unit’s responsibility, you may report the incident to the appropriate agency. For example, barangay authorities can assist in mediating disputes.
Defenses Available to the Neighbor
Your neighbor may raise the following defenses to avoid liability:
Force Majeure (Article 1174, Civil Code)
If the tree fell due to unforeseen and unavoidable natural forces, such as a typhoon or earthquake, the neighbor may argue that the incident was beyond their control.
Lack of Negligence
The neighbor may claim that the tree was regularly maintained and that there were no visible signs of decay or instability.
Practical Tips
Preserve Evidence
Document the scene thoroughly. Take photographs of the tree, the damage, and any contributing factors (e.g., weather conditions).
Engage Local Authorities
If the incident leads to a dispute, barangay conciliation may provide a cost-effective and speedy resolution.
Seek Legal Counsel
Engage a lawyer to evaluate your case and represent you effectively in legal proceedings.
Conclusion
Under Philippine law, a vehicle owner whose property is damaged by a neighbor’s fallen tree may recover damages if negligence can be established. The primary legal recourse lies in proving the neighbor’s failure to exercise due care in maintaining their property. While amicable settlement is often the best starting point, legal action may be necessary in cases where liability is disputed.
For specific guidance tailored to your case, consult a legal professional who can assess the facts and advise you on the best course of action.
source
That is all. I am sorry for the text being a bit long.
All photos are mine.
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Ii's sad to hear about such predicament teach. However, I find ranting in socmed platforms is not necessary when your family has reached out and willing to take the responsibility. Anyway, settlement is on the way. I hope they can put their hearts into peace and start to paint smiles again towards your family.😍 Hugs!
Yes teach . It was really unnecessary to take the matter in social media. Time will come , we'll move on from what happened. Thank you for dropping by teach.
It was an unfortunate happening but thankfully none of them were hurt. Yes, the tree got a weak hold of the ground already. Sadly, it turned out into something unpleasant because of that incident. It can really happen among neighbors though the causes can vary. Hopefully your family and the neighbors will have a civil relationship again.
You're right. Hopefully , time, understanding and communication will heal us all.
Thanks for visiting my blog.
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