Guilatco vs. City of Dagupan

Guilatco vs. City of Dagupan 171 SCRA 382 (Mar 21, 1989) Facts: Florentina Guilatco, a Court Interpreter, was about to board a tricycle a long a sidewalk when she accidentally fell into a manhole that was partially cov ered by a concrete flower pot leaving a gaping hole about 2 ft long by 1 ½ feet wi de and 150 cm deep. Florentina suffered a fracture on her right leg and as resul t thereof, had to be hospitalized. Florentina averred that she suffered mental a nd physical pain, and that she has difficulty in locomotion. She became incapabl e of reporting for duty within quite some time and thus lost income. She also lo st weight, and is no longer her former jovial self. Florentina sued the City of Dagupan. The City contends that the manhole is owned  by the National and the sidewalk on which it is found is located in Perez Blvd. , which was also under the supervision of the National Government. While the low er court held the City of Dagupan liable, the appellate court reversed the rulin g on the ground that no evidence was presented to prove that the City of Dagupan  had "control or supervision" over the Boulevard, where the manhole is located. Issue: Whether or not the City of Dagupan is liable for damages? Ruling: Yes. The City of Dagupan is liable for damages. The liability of public corporations for damages arising from injuries suffered by pedestrians by reason  of the defective condition of roads is expressed in the Art. 2189 of Civil Code , which states: Provinces, cities and municipalities shall be liable for damages for the death o f, or injuries suffered by, any person by reason of the defective condition of r oads, streets, bridges, public buildings, and other public works under their con trol or supervision. For liability to attach, it is not even necessary for the defective road or stre et to belong to the province, city or municipality. The article only requires th at either control or supervision is exercised over the defective road or street. In the case at bar, this control or supervision is provided for in the charter o f Dagupan City and is exercised through the City Engineer. This function of supe rvision over streets, public buildings, and other public works is coursed throug h a Maintenance Foreman and a Maintenance Engineer. Although these last two offi cials are employees of the National Government, they are detailed with the City of Dagupan and receive instruction and supervision from the city through the Cit y Engineer. The express provision in the charter holding the city not liable for damages or injuries sustained by persons or property due to the failure of any city officer  to enforce the provisions of the charter, cannot be used to exempt the city fro m liability. The charter only lays down general rules regulating the liability o f the city. On the other hand article 2189 applies in particular to the liabilit y arising from "defective streets, public buildings and other public works.