Res ipsa loquitur is a rebuttable
presumption or inference that the defendant was negligent. The presumption only
arises upon proof that the instrumentality causing injury was in the
defendant's exclusive control, and that the accident was one (1) which
ordinarily does not happen in the absence of negligence. It is a rule of evidence
whereby negligence of the alleged wrongdoer may be inferred from the mere fact
that the accident happened, provided that the character of the accident and
circumstances attending it lead reasonably to the belief that in the absence of
negligence it would not have occurred and that the thing which caused injury is
shown to have been under the management and control of the alleged wrongdoer. (Bontilao vs. Gerona, G.R. No. 176675, September 15, 2010, Villarama,
Jr., J.).
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