- CASE DIGEST -
Municipality of San Fernando vs. Firme
G.R. No.L-52179 April 8, 1991
SUBJECT: LAW ON PUBLIC CORPORATION
Topic: Suability of LGUs
FACTS: The passengers of the jeepney died as a
result of the collision between a jeepney and a dump truck of the Municipality
of San Fernando, La Union. As a result, the heirs filed a complaint for damages
against the owner and driver of the jeepney, as well as the Municipality of San
Fernando, La Union. The respondent judge rendered a judgment ruling that the
Municipality of San Fernando is jointly and severally liable with the driver of
the dump truck. Petitioner maintains that the respondent judge committed grave
abuse of discretion amounting to excess of jurisdiction in issuing the
aforesaid orders and in rendering a decision.
ISSUE: Whether the Municipality can be held liable
for the tort committed.
RULING:
NO. In the case at bar, the driver of the dump truck of the municipality insists that “he was on his way to the Naguilian river to get a load of sand and gravel for the repair of San Fernando’s municipal streets.” In the absence of any evidence to the contrary, the regularity of the performance of official duty is presumed pursuant to Section 3(m) of Rule 131 of the Revised Rules of Court. Hence, We rule that the driver of the dump truck was performing duties or tasks pertaining to his office.
We already stressed in the case of Palafox, et. al.
vs. Province of IlocosNorte, the District Engineer, and the Provincial
Treasurer that “the construction or maintenance of roads in which the truck and
the driver worked at the time of the accident are admittedly governmental
activities.” Consequently, municipality cannot be held liable for the torts
committed by its regular employee, who was then engaged in the discharge of
governmental functions. Hence, the death of the passenger –– tragic and
deplorable though it may be –– imposed on the municipality no duty to pay
monetary compensation.
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