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Florentina Guiatco fell into an uncovered manhole on a national road in Dagupan City and sued for damages. The Supreme Court ruled in favor of Guiatco, finding that under Article 2189, Dagupan City was liable because (1) the city engineer exercised control and supervision over the road's maintenance through two employees detailed from the national government; and (2) the city charter gave the city engineer care and custody over the city's infrastructure, including streets. The city could not avoid liability by arguing the road was national, as Article 2189 only requires control or supervision, not ownership, of the defective property.
Florentina Guiatco fell into an uncovered manhole on a national road in Dagupan City and sued for damages. The Supreme Court ruled in favor of Guiatco, finding that under Article 2189, Dagupan City was liable because (1) the city engineer exercised control and supervision over the road's maintenance through two employees detailed from the national government; and (2) the city charter gave the city engineer care and custody over the city's infrastructure, including streets. The city could not avoid liability by arguing the road was national, as Article 2189 only requires control or supervision, not ownership, of the defective property.
Florentina Guiatco fell into an uncovered manhole on a national road in Dagupan City and sued for damages. The Supreme Court ruled in favor of Guiatco, finding that under Article 2189, Dagupan City was liable because (1) the city engineer exercised control and supervision over the road's maintenance through two employees detailed from the national government; and (2) the city charter gave the city engineer care and custody over the city's infrastructure, including streets. The city could not avoid liability by arguing the road was national, as Article 2189 only requires control or supervision, not ownership, of the defective property.
W/N control or supervision over a national road by the City of Summary: Dagupan exists, in effect binding the city to answer for damages in Florentina Guiatco accidentally fell into a manhole located on the accordance with Article 2189 – YES sidewalk of a national road. She filed for recover of damages. Trial Court found for the petitioners. Respondent, however, argues that RATIO Perez Blvd. is not under the control or supervision of the City, but - In Article 2189, it is not even necessary for the defective road rather the Ministry of Public Highways through the Highway Engineer. or street to belong to the province, city or municipality for SC reversed CA. liablity to attach o It only requires that either control or supervision is Doctrine: exercised over the defective road or street Article 2189, it is not even necessary for the defective road or street - The control or supervision of the City is provided for in its to belong to the province, city or municipality for liability to attach. It charter and is exercised through the City Engineer who has the only requires that either control or supervision is exercised over the care and custody of the public system of waterworks and defective road or street. sewers - The charter provides that the laying out, construction and FACTS improvement of the streets, avenues, alleys, and sidewalks - Florentina Guilatco was about to board a motorized tricycle at and the regulation of use thereof may be legislated by the a sidewalk at Perez Blvd when she accidentally fell into a Municipal Board manhole located on the sidewalk. She also incurred expenses - The express provision in the charter holding the City not liable to a total of P10k and experienced several and excruciating for damages or injuries sustained by persons or property due pain on all parts of her body to the failure of any city officer to enforce the provisions of - Alfred Tangco, city engineer and ex-officio highway engineer the charter, cannot be used to exempt the city of Dagupan City admitted that there are at least 11 manholes o This is only a general rule regulating the liability of the along Perez Blvd and that such manholes are owned by the city national government o Article 2189 applies in particular to the liability arising o He claims however that the supervises the from defective streets, public buildings and other maintenance of the manholes and sees to it that they public works are properly covered - The City can’t be excused from liability by arguing that - Petitioner filed a civil action for recovery of damages Tangco’s duty to supervise or control Perez Blvd belongs more o Trial Court found for the petitioners to his functions as an ex-officio highway engineer than as a o CA reversed city officer - Respondent argues that Perez Blvd. is not under control or o His duties are coarsed through two other employees of supervision of the city but rather the Ministry of Public the national government who are detailed with the Highways through the Highway Engineer, Tangco City of Dagupan o They receive instruction and supervision from the City through the city engineer - Hence, the liability of the City to Guilatco under Article 2189 is clear.
RULING Petition is granted. CA decision is reversed and set aside.
(Bible in History - La Bible Dans L'histoire 8) John T. Willis - Yahweh and Moses in Conflict - The Role of Exodus 4-24-26 in The Book of Exodus-Peter Lang International Academic Publishers (2010)