Palafox v. Province of Ilocos Norte, 102 Phil 1186

 

Palafox v. Province of Ilocos Norte, 102 Phil 1186

 

Facts:

 

Sabas Torralba was employed as the driver of Ilocos Norte and detailed to the Office of the District Engineer. While driving his truck, Sabas ran over Proceto Palafox resulting to the latter’s death. Sabas was prosecuted for homicide through reckless imprudence to which he pleaded guilty. The heirs of Palafox instituted a civil case against him, the Province, the District Engineer and the Provincial Treasurer.

 

 

Issue:

 

Whether or not the Province of Ilocos Norte can be held liable.

 

 

Held:

 

NO. The general rule is that local government units are not liable for negligent acts of its employees while they are performing governmental functions or duties. In this case, the driver was involved in the construction or maintenance of roads which was a governmental duty. Therefore, the province cannot be held liable for his negligent act. However tragic and deplorable it may be, the death of Palafox imposed on the province no duty to pay monetary consideration. 

 

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