Teotico v. City of Manila (22 SCRA 267)

 

Teotico v. City of Manila (22 SCRA 267)  

Facts:                        

In 1958, at about 8:00 p.m., Teotico was at the corner of the Old Luneta and P. Burgos Avenue, Manila, within a "loading and unloading" zone, waiting for a jeepney. When a jeepney came along to a stop, he stepped down from the curb to board the jeepney but he fell inside an uncovered manhole. Due to the fall, his head hit the rim of the manhole breaking his eyeglasses and causing broken pieces thereof to pierce his left eyelid. Several persons pulled him out of the manhole and one of them brought him to the hospital, where his injuries were treated. Thereafter, he sued for damages, under Article 2189 of the Civil Code, the City of Manila, the mayor, the city engineer, the city health officer, the city treasurer, and the chief of police. CFI Manila ruled against him but the CA, on appeal, ruled that the City of Manila should pay damages. The City of Manila assailed the decision of the CA on the ground that the charter of Manila states that it shall not be liable for damages caused by the negligence of the city officers in enforcing the charter; that the charter is a special law and shall prevail over the Civil Code which is a general law; and that the accident happened in national highway.
  
Issue: 

Is the City of Manila liable?

Held:

Yes. It is true that in case of conflict, a special law prevails over a general law and that the charter of Manila is a special law while the Civil Code is a general law. However, looking at the particular provisions of each law concerned, the charter of Manila establishes a general rule regulating the liability of the City of Manila for: "damages or injury to persons or property arising from the failure of" city officers "to enforce the provisions of" said Act "or any other law or ordinance, or from negligence" of the city "Mayor, Municipal Board, or other officers while enforcing or attempting to enforce said provisions." There is no particular exemption but merely a general exemption. Upon the other hand, Article 2189 of the Civil Code provides a particular prescription making "provinces, cities and municipalities . . . liable for damages for the death of, or injury suffered by any person by reason" — specifically — "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 of the charter of Manila 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 thereon.

The allegation that the incident happened in a national highway was only raised for the first time in the City’s motion for reconsideration in the Court of Appeals, hence it cannot be given due weight. At any rate, even though it is a national highway, the law contemplates that regardless if whether or not the road is national, provincial, city, or municipal, so long as it is under the City’s control and supervision, it shall be responsible for damages by reason of the defective conditions thereof. In the case at bar, the City admitted they have control and supervision over the road where Teotico fell when the City alleged that it has been doing constant and regular inspection of the city’s roads, P. Burgos included.

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