60. Municipality of San Juan v.

CA
August 9, 2005 | Garcia, J.
Negligence; Persons Liable; Particular persons held liable by law

Doctrine: For liability to arise under article 2189 of the civil code, ownership of the roads, streets, bridges, public buildings
and other public works, is not a controlling factor, it being sufficient that a province, city or municipality has control or
supervision thereof.

Case Summary: MWSS entered into a contract for water service connections with KC Waterworks System Construction
("KC"). Part of this project was to excavate a portion of the corner of M. Paterno and Santolan Road in San Juan (a national
road). By the end of the day, only ¾ of the job was finished. Between 10:00 to 11:00 PM that same day, Priscilla Chan was
driving her car with a speed of 30 KPH on the right side of Santolan Road, towards Pinaglabanan, San Juan. With her in the
car was private respondent Asst. City Prosec. Laura Biglang-awa. It was raining, and the road was flooded. Suddenly, the
left front wheel of the car fell on a manhole which the KC workers excavated earlier. Biglang-awa fractured her humerus
(bone extending from shoulder to elbow) on her right arm due to this. Hence, she filed before the RTC a complaint for
damages against MWSS, KC, the Municipality of San Juan as well as a number of San Juan municipal officials. The RTC
ruled in favor of Biglang-awa and held MWSS and the Municipality of San Juan solidarily liable to her. On appeal, such
decision was upheld by the CA and the SC.

Facts:
 A contract for the installation of water service connections was entered into by the Metropolitan Waterworks and
Sewerage System ("MWSS") and Kwok Cheung as sole proprietor of K.C. Waterworks System Construction ("KC").
 MWSS South Sector Office gave KC a job order to effect excavations at the corner of M. Paterno and Santolan Road
in San Juan. This was in preparation for the laying of water pipes and tapping of water to the respective houses of
water concessionaires.
 KC thus dispatched five (5) workers to conduct such digging operations. Project Engineer Ernesto Battad, Jr. was in
charge. In addition, they installed four (4) barricades using GI pipes welded together (1.3m W x 1.2m H).
 Digging operations ended at 3:00 PM, with only ¾ of the job done.
 At around 10:00 to 11:00 PM that same day, respondent Assistant City Prosecutor Laura Biglang-awa ("Biglang-
awa") was riding a Toyota Crown car being driven by Priscilla Chan at a speed of thirty (30) KPH.
 It was raining hard and the road was flooded. Suddenly the left front wheel of the car fell into a manhole which the
KC workers earlier excavated.
 As a result, Biglang-awa fractured her humerus (bone extending from the shoulder to the elbow). She was brought to
the Cardinal Santos Hosiptal by her husband who immediately arrived at the scene after being contacted by Ms. Chan.
 According to Police Officer Felix Ramos of the Traffic Division of the San Juan Police Station, he did not see any
barricades when he investigated the scene of the accident.
 According to the attending physician, Biglang-awa's injury was expected to heal in four (4) to six (6) weeks, with
rehabilitation. Dr. Antonio Rivera issued her a Medical Certificate on her injuries.
 Though Biglang-awa sustained no deformity in the injured area, she could not sleep on her right side because she
could still feel pain there.
 Due to her injuries, Biglang-awa filed a complaint for damages against MWSS, the Municipality of San Juan ("San
Juan") and a number of San Juan municipal officials.
 She amended her complaint twice, and included in her second amendment, KC Waterworks as one of the defendants.
 The RTC held in favor of Biglang-awa and declared the MWSS and San Juan to be solidarily liable to Biglang-awa.
 Unable to accept judgement, both Biglang-awa (she probably wanted the officials to be liable too) and San Juan
appealed to the CA.
 The CA affirmed with modification the RTC decision, holding KC, MWSS, and San Juan to be solidarily liable to
her, without prejudice to MWSS' right for reimbursement from KC Waterworks.
 Aggrieved, San Juan appealed to the SC. Hence this petition.

Issue: W/N the Municipality of San Juan may be held liable? – Yes?

Ruling:
San Juan’s contention: SJ tried to defend itself by citing Section 149(1)(z) of BP 337 (the LGC of 1983) and Section 8,
Ordinance 82-01.
 Under Sec. 149(1)(z), it is only responsible for municipal roads, Santolan, being a national road is therefore beyond
its responsibility.
 It also contended that the aforesaid ordinance, only the project engineer of KC and MWSS can be held liable for the
same accident.
Court’s ruling: San Juan is liable. Article 2189 of the Civil Code states that it is sufficient that a province, city or municipality
has control of a road for it to be liable for torts caused by the same.
 San Juan's argument that per Section 149(1)(z) of LGC 1983 it has only control or supervision over municipal roads is
erroneous. Nowhere in this section is its control or supervision modified by the term "municipal road". Neither can it
be inferred that the same provision only applies to activities to be performed in municipal roads.
 It failed to take note of the other provisions of Section 149 of the same Code particularly Section 149(1)(bb). (Please
see notes for the provision)
o It is clear that the Municipality of San Juan can "regulate" the drilling and excavation of the ground for the
laying of gas, water, sewer, and other pipes within its territorial jurisdiction.
o Doubtless, the term "regulate" found in the aforequoted provision of Section 149 can only mean that
petitioner municipality exercises the power of control, or, at the very least, supervision over all excavations
for the laying of gas, water, sewer and other pipes within its territory.
 The municipality's liability for injuries caused by its failure to regulate the drilling and excavation of the ground for
the laying of gas, water, sewer, and other pipes, attaches regardless of whether the drilling or excavation is made on a
national or municipal road, for as long as the same is within its territorial jurisdiction.
 Reiterated CA’s pronouncements:
o While it may be true that the Department of Public Works and Highways may have issued the requisite
permit to the Appellee KC and/or concessionaires for the excavation on said road, the Appellant San Juan is
not thereby relieved of its liability to [Biglang-awa] for its own gross negligence. Indeed, Evangeline
Alfonso, the witness for the Appellant San Juan unabashedly [sic] admitted, when she testified in the Court a
quo, that even if the Department of Public Works and Highways failed to effect the requisite refilling, the
Appellant San Juan was mandated to undertake the necessary precautionary measures to avert accidents and
insure the safety of pedestrians and commuters.
 San Juan's use of Section 8 of Ordinance 82-01 also does not hold water. Such Ordinance makes the excavator liable
for injury or death or damages caused by non-completion of works or failure to implement precautionary measures.
However, nowhere in said Ordinance does it state that municipalities in Metro Manila are exempt from liabilities
caused by their own negligent acts. Therefore, nothing prevents the municipality from being liable by the application
of other laws.

Disposition: WHEREFORE, the instant petition is DENIED and the assailed decision of the appellate court AFFIRMED. Costs
against petitioner.

Notes:

ARTICLE 2189, New Civil Code

Provinces, cities and municipalities shall be liable for damages for the death of, or injuries suffered by, any person by reason of
the defective condition of roads, streets, bridges, public buildings, and other public works under their control or supervision.

LGC of 1983
Section 149. Powers and Duties. — (1) The sangguniang bayan shall:
(bb) Regulate the drilling and excavation of the ground for the laying of gas, water, sewer, and other pipes; the building
and repair of tunnels, sewers, drains and other similar structures; erecting of poles and the use of crosswalks, curbs and gutters
therein, and adopt measures to ensure public safety against open canals, manholes, live wires and other similar hazards
to life and property, and provide just compensation or relief for persons suffering from them;

Section 8, Ordinance No. 82-01 of the Metropolitan Manila Commission

In the event of death, injury and/or damages caused by the non-completion of such works and/or failure of one undertaking the
work to adopt the required precautionary measures for the protection of the general public or violation of any of the terms or
conditions of the permit, the permittee/excavator shall assume fully all liabilities for such death, injury or damage arising
therefrom. For this purpose, the excavator/permittee shall purchase insurance coverage to answer for third party liability.