L I A B I L I T Y F O R T O R T S – L I A B I L I T Y B A S E D O N N E G L I G E N C E
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G.R. No. 121920 – MUNICIPALITY OF SAN JUAN v. COURT OF APPEALS GARCIA, J. 10. MWSS entered into a contract for water service connections with KC Waterworks System Construction ("KC"). Part of this project was to excavate a portion of the corner of M. Paterno and Santolan Road in San Juan (a national road). By the end of the day, only ¾ of the job was finished. Between 10:00 to 11:00 PM that same day, Priscilla Chan was driving her car with a speed of 30 KPH on the right side of Santolan Road, towards Pinaglabanan, San Juan. With her in the car was private respondent Asst. City Prosec. Laura Biglang-awa. It was raining, and the road was flooded. Suddenly, the left front wheel of the car fell on a manhole which the KC workers excavated earlier. Biglang-awa frac tured her humerus (bone extending from shoulder to elbow) on her right arm due to this. Hence, she filed before the RTC a complaint for damages against MWSS, KC, the Municipality of San J uan as well as a number of San Juan municipal officials. The RTC ruled in favor of Biglang-awa and held MWSS and the Municipality of San Juan solidarily liable to her. On appeal, such decision was upheld by the CA and the SC.
DOCTRINE (See other notes for the provisions discussed here) Jurisprudence teaches that for liability to arise under Article 2189 of the Civil Code, ownership of the roads, streets, bridges, public buildings and other public works, is not a controlling factor, it being sufficient that a province, city or municipality has control or control or supervision thereof.
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According to the attending attending physician, Biglang-awa's injury was expected to heal in four (4) to six (6) weeks, with rehabilitation. Dr. Antonio Rivera issued her a Medical Certificate on her injuries. Though Biglang-awa sustained no no deformity in the injured injured area, she could not sleep on her right side because she could still feel pain there. Due to her injuries, Biglang-awa filed a complaint for damages against MWSS, MWSS, the Municipality of San Juan ("San Juan") and a number of San Juan municipal officials. She amended her complaint twice, and included in her second amendment, KC Waterworks as one of the defendants. The RTC held in favor of Biglang-awa Biglang-awa and declared the MWSS and San San Juan to be solidarily liable to Biglang-awa. Unable to accept judgement, judgement, both Biglang-awa (she probably wanted wanted the officials to be liable too) and San Juan appealed to the CA. The CA affirmed with modification modification the RTC decision, holding KC, KC, MWSS, and San Juan to be solidarily liable to her, without prejudice to MWSS' right for reimbursement from KC Waterworks. Aggrieved, San Juan appealed appealed to the SC. Hence Hence this petition.
ISSUE with HOLDING 1. WON petitioner Municipality of San Juan is liable for the injury sustained by BiglangBiglangawa. – YES, SAN JUAN JUAN IS LIABLE. a.
[SAN JUAN] San Juan tried to defend itself by c iting Section 149(1)(z) of BP 337 (the LGC of 1983) and Section 8, Ordinance 82-01. i. Using Sec. 149, 149, San Juan tried tried arguing that it is only responsible for municipal roads, Santolan, being a national road road is therefore beyond its responsibility. ii. San Juan also also contended that the aforesaid ordinance, only the the project engineer of KC and MWSS can be held liable for the same accident.
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[SC] San Juan is liable. Article 2189 of the Civil Code states that it is sufficient that a province, city or municipality has control of a road for it to be liable for torts caused by the same. i. San Juan's argument that per Section Section 149 of LGC LGC 1983 it has has only control or supervision over municipal roads is erroneous. Nowhere in this section is its control or supervision modified by the term "municipal road". Neither can it be inferred that the same provision only applies to activities to be performed in municipal roads. ii. The municipality's liability for injuries caused by its failure to to regulate the drilling and excavation of the ground for the laying of gas, water, sewer, and other pipes, attaches regardless of whether the drilling or excavation is made on a national or municipal road, for as long as the same is within its territorial jurisdiction. iii. San Juan's use of Section 8 of Ordinance 82-01 also does not hold water. Such Ordinance makes the excavator liable for injury or death or damages caused by non-completion of works or failure to implement precautionary measures. However, nowhere in said Ordinance does it state that municipalities in Metro Manila are exempt from liabilities caused by their own negligent acts. Therefore, nothing prevents the municipality from being liable by the application of other laws.
The municipality's liability liability for injuries caused by its failure to regulate the drilling and excavation of the ground for the laying of gas, water, sewer, and other pipes, attaches regardless of whether the drilling or excavation is made on a national or municipal road, road, for as long as the same is within its territorial jurisdiction. jurisdiction.
FACTS 1. A contract for the the installation of of water service connections connections was entered into by the Metropolitan Waterworks and Sewerage System ("MWSS") and Kwok Cheung as sole proprietor of K.C. Waterworks System Construction ("KC"). 2. MWSS South South Sector Office Office gave KC a job order to effect effect excavations at the corner corner of M. Paterno and Santolan Road in San Juan. This was in preparation for the laying of water pipes and tapping of water to the respective houses of water c oncessionaires. 3. KC thus dispatched dispatched five (5) workers workers to conduct such digging operations. operations. Project Engineer Ernesto Battad, Jr. was in charge. In addition, they installed four (4) barricades using GI pipes welded together (1.3m W x 1.2m H). 4. Digging operations ended at 3:00 PM, with only ¾ of the job done. 5. At around 10:00 10:00 to 11:00 PM that same day, respondent Assistant City Prosecutor Laura Biglang-awa ("Biglang-awa") was riding a Toyota Crown car being driven by Priscilla Chan at a speed of thirty (30) KPH. 6. It was raining hard and the road was flooded. Suddenly Suddenly the left front wheel of the car fell into a manwhole which the KC workers earlier excavated. 7. As a result, result, Biglang-awa fractured her humerus (bone extending extending from the shoulder to to the elbow). She was brought to the Cardinal Santos Hosiptal by her husband who immediately arrived at the scene after being contacted by Ms. Chan. 8. According to Police Police Officer Felix Ramos of the Traffic Division of the San Juan Police Station, he did not see any barricades when he investigated the scene of the accident.
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DISPOSITIVE PORTION WHEREFORE, the instant petition is DENIED and the assailed decision of the appellate court AFFIRMED. Costs against petitioner. SO ORDERED. OTHER NOTES ARTICLE 2189, New Civil Code Provinces, cities and municipalities shall be liable for damages for the death of, or injuries suffered by, any person by reason of the defective condition of roads, streets, bridges, public buildings, and other public works under their control or supervision. Section 149. Powers and Duties. — (1) The sangguniang bayan shall: (bb) Regulate the drilling and excavation of the ground for the laying of gas, water, sewer, and other pipes; the building and repair of tunnels, sewers, drains and other similar structures; erecting of poles and the use of crosswalks, curbs and gutters therein, and adopt measures to ensure public safety against open canals, manholes, live wires and other similar hazards to life and property, and provide just compensation or relief for persons suffering from them; (Underscoring supplied) Section 8, Ordinance No. 82-01 of the Metropolitan Manila Commission In the event of death, injury and/or damages caused by the non-completion of such works and/or failure of one undertaking the work to adopt the required precautionary measures for the protection of the general public or violation of any of the terms or conditions of the permit, the permittee/excavator shall assume fully all liabilities for such death, injury or damage arising therefrom. For this purpose, the excavator/permittee shall purchase insurance coverage to answer for third party liability,
DIGESTER:
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