JOSE DINGCONG v.

KANAAN (Halim, Nasri & Michael all surnamed Kanaan

doing commerce under the name “American Bazaar”)
G.R. No. L-47033 April 25, 1941

FACTS:

Petition > Before the SC, petitioner Jose Dingcong is appealing the decision of the CA
affirming the ruling lower court finding him liable for the suit brought against him by the
Kanaans, owners of the “American Bazaar”

Cause of action > Respondents Kanaan through their buying & selling business suffered
losses in the amount of P 1,089.61 caused by water seepage from the upper floor occupied
by the Central Hotel, managed by Jose Dingcong, and have brought suit against the hotel
owner/manager Loreto and Jose Dingcong as well as the hotel guest Francisco Echevarria
whose acts allowed the water from his room to drain into lower floor occupied by American
Bazaar

According to the decision of the Court of Appeals Court, the brothers Loreto Dingcong
and Jose Dingcong are co-owners of the upper floor of the house of Emilia Saenz located
in Jose Ma Street, Basa of the City of Iloilo, where they established the Central Hotel, being
the first the owner and the last her manager. The defendant Francisco Echevarria occupies,
by payment of P30 per month, the fourth room (No. 10) of said hotel. The plaintiffs in turn
occupied the lower floor of this hotel where they had established their "American Bazaar"
dedicated to the purchase and sale of items and mentions. Towards eleven o'clock on the
night of September 19, 1933, Echevarria, when retiring to bed, carelessly left the tap open
and draining water into the basin without a proper draining. As the pipes of the hotel at
that time were in repair, when at midnight the water drained through the pipes, it spread
on the floor, and wet the articles and mencancias in the "American Bazaar" at the lower
floor causing a loss that the Court of First Instance estimated at P1,089.61.
The lower court judge dismissed the case vs. Loreto Dingcong who passed away while the
case was litigated, found Francisco Echevarria liable, and absolved Jose Dingcong. The
plaintiffs Kanaan appealed this decision to acquit Jose Dingcong before the CA. The Court
of Appeals, revoking the decision of the Court of First Instance, declared Jose Dingcong
responsible and ordered him to pay the plaintiffs the amount of the damages and losses
caused to them as estimated by the Court.

ISSUE: Whether or not Jose Dingcong was liable for the damages suffered by the Kanaans
and American Bazaar

RATIO/HOLDING:

Jose Dingcong being co-owner and manager of the hotel, with full possession of the upper
portion of the house, must answer for the damages under Article 1910 of the Civil Code
(being in force at that time):

Art. 1910, Spanish Civil Code: The head of a family who dwells in a house or in a part of the
same is liable for the damages caused by the things which may be thrown or may fall from
the same (Art. 2193, NCC).

Francisco Echevarria was a guest of the hotel and was the one who, by his carelessness by
leaving the tap open, allowed the water from the pipe to flow down the floor and seep
into the ground, wetting the plaintiffs' articles and merchandise. Jose Dingcong, on the
other hand, did not practice the diligence of a good family man to prevent these damages,
even though he knew that they could be caused by being repaired at the time. Presuming
that Echavarria could use the tap, he should have provided some container with drain, but
he only put under it a basin that, when filled, caused the water to spread on the ground.

The decision appealed is confirmed, with the costs to the appellant.