GR 61516; (March, 1989) (Digest)
G.R. No. 61516 March 21, 1989
FLORENTINA A. GUILATCO, petitioner, vs. CITY OF DAGUPAN, and the HONORABLE COURT OF APPEALS, respondents.
FACTS
Petitioner Florentina A. Guilatco, a court interpreter, fell into an uncovered manhole on a sidewalk along Perez Boulevard in Dagupan City on July 25, 1978, fracturing her right leg. She incurred substantial medical expenses, lost income, and suffered physical pain and emotional distress. The trial court found the City of Dagupan liable and ordered it to pay actual, moral, and exemplary damages, plus attorney’s fees. The court based liability on the city’s supervision and control over the road, noting that the City Engineer, who was also the ex-officio Highway Engineer, admitted responsibility for maintaining the drainage system and manholes on that national road.
The Court of Appeals reversed the trial court’s decision. It held that the petitioner failed to prove that Perez Boulevard, a national road, was under the control or supervision of the City of Dagupan. The appellate court concluded that control rested with the national government through the Ministry of Public Highways, and thus the city could not be held liable. The petitioner elevated the case to the Supreme Court via certiorari.
ISSUE
Whether the City of Dagupan is liable for damages under Article 2189 of the Civil Code for injuries caused by a defective road, despite the road being a national highway, based on the city’s exercise of control or supervision over it.
RULING
The Supreme Court granted the petition, reversed the Court of Appeals, and reinstated the trial court’s decision with modifications on the amounts of moral and exemplary damages. The Court held the City of Dagupan liable. The legal logic centers on the interpretation of Article 2189 of the Civil Code, which imposes liability on provinces, cities, and municipalities for damages arising from defective public works under their “control or supervision.” Ownership of the road is not the determining factor; the test is the exercise of control or supervision.
The Court found that the City of Dagupan exercised de facto control and supervision over Perez Boulevard. The City Engineer, who also served as the ex-officio Highway Engineer for the city, admitted in his answer that he exercised supervision and control over national roads within the city, including Perez Boulevard. His office was directly responsible for maintaining the manholes and ensuring they were properly covered. This admission and the operational reality established that the city, through its engineer, had assumed responsibility for the road’s maintenance. Therefore, the requirement of Article 2189 was satisfied. The Court modified the damages, reducing moral damages to P20,000 and exemplary damages to P10,000, deeming the original awards excessive, while affirming the award for actual damages and attorney’s fees.