[go: up one dir, main page]
Scribd
Upload
214 views2 pages

Liability of Govt Agency in Accident

This document summarizes a Supreme Court case from 1989 regarding a wrongful death suit filed against the National Irrigation Administration. The key details are: 1. Francisco Fontanilla died after being hit by a pickup truck owned and operated by the National Irrigation Administration. His parents filed a damages suit. 2. The trial court ruled in favor of the plaintiffs and awarded damages. On appeal, the Supreme Court upheld the ruling, finding that the NIA is a government corporation performing non-governmental functions so it can be held liable for the tortious acts of its employees. 3. The Court also found that the NIA failed to properly supervise the driver, who was travelling at high speeds within

Uploaded by

Von Ember Mc Marius
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
214 views2 pages

Liability of Govt Agency in Accident

This document summarizes a Supreme Court case from 1989 regarding a wrongful death suit filed against the National Irrigation Administration. The key details are: 1. Francisco Fontanilla died after being hit by a pickup truck owned and operated by the National Irrigation Administration. His parents filed a damages suit. 2. The trial court ruled in favor of the plaintiffs and awarded damages. On appeal, the Supreme Court upheld the ruling, finding that the NIA is a government corporation performing non-governmental functions so it can be held liable for the tortious acts of its employees. 3. The Court also found that the NIA failed to properly supervise the driver, who was travelling at high speeds within

Uploaded by

Von Ember Mc Marius
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 2

GR. NO.

L-55963
SPS. FONTANILLA AND VIRGINA FONTANILLA v HON. INNOCENCIO
MALIAMAN and NATIONAL IRRIGATION ADMINISTRATION
12-01-1989
Facts:
1. On August 21 1976 at 6:30pm, a pick up owned and operated by
respondent National Irrigation Administration, a govt agency bearing Plate
No. IN-651, driven by Hugo Garcia, bumped a bicycle ridden by Francisco
Fontanilla, son of the petitioners, and Restituto Deligo at Maasin, San Jose
City along Maharlika Highway
2. As a result of impact, Fontanilla and Deligo was injured and brought to
San Jose City Emergency Hospital for treatment; Fontanilla was later
transferred to Cabanatuan Provincial Hospital where he died.
3. Petitioners filed an action against respondent National Irrigation
Administration before the CFI of Nueva Ecija for damages in connection
with the death of their son
4. After trial, the trial court directed respondent to pay damages/death
benefits and actual expenses to petitioners
5. Respondent field a motion for reconsideration but deiend by trial court;
instead of filing the required brief in the CA, the petitioners filed an instant
petition with the SC

Issue: Whether or not the award of moral and exemplary damages, and
atty fee is legally proper in a complaint for damages based on quasi-delict
which resulted in the death of the son of the petitioners

Held:
Yes. Pursuant to Article 2180 (6), the State is responsible in like manner
when it acts thru a special agent, but not when the damage has been
caused by the official to whom the task done properly pertains, in which
case what is provided in Art 2176 shall be applicable. Hence, if the state’s
agent is a public official, it must not only be specially commissioned
to do a particular task but that task must be foreign to said officials
usual governmental functions. If the stat’s agent is not a public
official, and is commissioned to perform non-govt functions, then the
state assumes the role of an ordinary employer and will be held for
its agents tort.
In the case at bar, National Irrigation Administration is a government
corporation with juridical personality and not a mere agency of the govt.
Since it is a corporate body performing non-govt functions, it now becomes
liable for the damage caused by the accident resulting from tortious act of
its driver-employee. the assumption of liability is predicated upon the
existence of negligence of supervision on the part of respondent. There
was negligence in the supervision of the driver for the reason that
they were travelling at high speed within the city limits and yet Ely
Salonga the supervisor, failed to caution and make the driver observe
proper and allowed speed limit within the city. The matter of due
diligence on the part of the respondent becomes a crucial issue in
determining its liability since it has been established that respondent is a
govt agency performing proprietary functions and as such, assumes the
posture of an ordinary employer which is responsible for damages caused
by its employees provided that it has fialed to observe due diligence in the
selection and supervision of the driver. Therefore, the court ruled that the
respondent is liable for damages

You might also like