University of the Philippines College of Law

KS D2021

Topic Province, cities and municipalities

Case No. G.R. No. L-23052 January 29, 1968
Case Name City of Manila v Teotico
Ponente Concepcion, CJ.

RELEVANT FACTS
On January 27, 1958, at about 8PM, Genaro Teotico boarded a jeepney in a loading and unloading zone in Old
Luneta corner P. Burgos Avenue. However, as he stepped to board the jeepney, he fell inside an uncovered
manhole. His head hit the rim of the manhole and broke his eyeglasses, pieces of which pierce his left eyelid. His
vision was impaired and he sustained injures in his limbs.

He filed a complaint for damages against the City of Manila, its mayor, city engineer, city health officer, city
treasurer and chief of police.

Plaintiff was a practicing CPA, business man and professor and was prevented from engaging in his occupation
for 20 days. He lost family income of about P50 during his incapacity to work. He was also subjected to
humiliation and ridicule by business associates and friends.

Defense of the Office of the City Engineer was whenever there is a report received as to the loss of the manhole
cover, they attend to it immediately. They didn’t receive any report between January 25 and 29.

CFI dismissed complaint of Teotico. CA affirmed the decision but held City of Manila liable for the damages.

City of Manila argues that RA 409 should apply, and not Art 2189, because it is a special law intended exclusively
for the City of Manila.

ISSUE AND RATIO DECIDENDI

Issue
W/N the present case is
governed by Sec 4 of RA 409 or
by Art 2189 of the Civil Code
Ratio
Art 2189 applies.
Section 4 of Republic Act No. 409 (Charter of the City of Manila): The city shall
not be liable or held for damages or injuries to persons or property arising
from the failure of the Mayor, the Municipal Board, or any other city officer,
to enforce the provisions of this chapter, or any other law or ordinance, or
from negligence of said Mayor, Municipal Board, or other officers while
enforcing or attempting to enforce said provisions.

Art 2189. Provinces, cities and municipalities shall be liable for damages for
the death of, or injuries suffered by, any person by reason of defective
conditions of road, streets, bridges, public buildings, and other public works
under their control or supervision.
 University of the Philippines College of Law
KS D2021

As regards the subject matter, RA 409 establishes a general rule regulating

the liability of City of Manila but Art 2189 constitutes a particular prescription
making the province, cities and municipalities liable for damages for death or
injury of any person by reason of "of the defective condition of roads, streets,
bridges, public buildings, and other-public works under their control or
supervision."

In other words, said section 4 refers to liability arising from negligence, in

general, regardless of the object thereof, whereas Article 2189 governs
liability due to "defective streets," in particular. Since the present action
is based upon the alleged defective condition of a road, said Article 2189 is
decisive.
WN City of Manila is liable for Manila’s arguments
damages - YES 1. Accident took place in a national highway
2. City of Manila has not been negligent

SC:
1. Teotico alleged in the complaint that injuries are due to defective
condition of a street under the control and supervision of the City.
Manila answered that the streets aforementioned were constantly
kept in good condition, which in effect is an admission that P Burgos
Ave is under its control and supervision
This issue was not raised in the trial court and cannot be raised for
the first time on appeal.
Under Art 2189, it is not necessary that the street belongs to the
province, city or municipality. What it requires is that the P/C/M have
either control or supervision over the street or road.
This authority of control and supervision can be found in Sec 18 of RA
409.

RULING

WHEREFORE, the decision appealed from should be as it is hereby affirmed, with costs against the City of Manila.
It is so ordered.
SEPARATE OPINIONS

NOTES
Sec. 18. Legislative powers. — The Municipal Board shall have the following legislative powers:
(x) Subject to the provisions of existing law to provide for the laying out, construction and improvement, and to regulate the use of streets, avenues,
alleys, sidewalks, wharves, piers, parks, cemeteries, and other public places; to provide for lighting, cleaning, and sprinkling of streets and public places; . . .
to provide for the inspection of, fix the license fees for and regulate the openings in the same for the laying of gas, water, sewer and other pipes, the
building and repair of tunnels, sewers, and drains, and all structures in and under the same and the erecting of poles and the stringing of wires therein; to
provide for and regulate cross-works, curbs, and gutters therein, . . . to regulate traffic and sales upon the streets and other public places; to provide for
the abatement of nuisances in the same and punish the authors or owners thereof; to provide for the construction and maintenance, and regulate the use,
of bridges, viaducts and culverts; to prohibit and regulate ball playing, kite-flying, hoop rolling, and other amusements which may annoy persons using the
streets and public places, or frighten horses or other animals; to regulate the speed of horses and other animals, motor and other vehicles, cars, and
locomotives within the limits of the city; to regulate the lights used on all vehicles, cars, and locomotives; . . . to provide for and change the location, grade,
and crossing of railroads, and compel any such railroad to raise or lower its tracks to conform to such provisions or changes; and to require railroad
companies to fence their property, or any part thereof, to provide suitable protection against injury to persons or property, and to construct and repair
ditches, drains, sewers, and culverts along and under their tracks, so that the natural drainage of the streets and adjacent property shall not be obstructed.