G.R. No. L-47033; April 25, 1941
JOSE DINGCONG, recurrente-apelante, vs. HALIM KANAAN, NASRI KANAAN, y MICHAEL KANAAN, dedicados al comercio bajo la razon social de “American Bazar,” recurridos-apelados.

FACTS

Loreto Dingcong and Jose Dingcong were co-lessees of the upper floor of a house owned by Emilia Saenz on Jose Ma. Basa Street in Iloilo City, where they established the Central Hotel. Loreto was the owner, and Jose was its manager. The defendant, Francisco Echevarria, occupied Room No. 10 of the hotel for a monthly payment of P30. The plaintiffs, Halim Kanaan, Nasri Kanaan, and Michael Kanaan, occupied the lower floor of the same building where they operated their “American Bazar,” a business engaged in buying and selling articles and merchandise. Around eleven o’clock on the night of September 19, 1933, Echevarria, upon retiring to bed, carelessly left open the faucet that drained into an ordinary basin without an outlet. At that time, the hotel’s water pipes were under repair. When the water began to flow through the pipes at midnight, it spilled onto the floor, seeped through it, and wet the articles and merchandise in the plaintiffs’ “American Bazar” establishment below, causing a loss estimated by the Court of First Instance at P1,089.61. An action for damages was filed by the Kananas, doing business as “American Bazar,” against Loreto Dingcong, Jose Dingcong, and Francisco Echevarria. The court dismissed the case as to Loreto Dingcong due to his death, held Francisco Echevarria liable, and absolved Jose Dingcong. The plaintiffs appealed the portion of the decision absolving Jose Dingcong. The Court of Appeals reversed the trial court’s decision, declared Jose Dingcong responsible, and ordered him to pay the plaintiffs the amount of damages as estimated by the trial court. Jose Dingcong now appeals the Court of Appeals’ decision to the Supreme Court via certiorari.

ISSUE

Whether Jose Dingcong, as co-lessee and manager of the Central Hotel, is liable for the damages caused to the plaintiffs’ merchandise by water leaking from a room in the hotel due to the negligence of a guest.

RULING

The Supreme Court affirmed the decision of the Court of Appeals, holding Jose Dingcong liable for the damages. The Court ruled that as a co-lessee and manager of the hotel, with complete possession of the upper floor, Jose Dingcong is responsible for damages caused by things thrown or falling from the premises under Article 1910 of the Civil Code. While the guest, Francisco Echevarria, was directly negligent in leaving the faucet open, Jose Dingcong failed to exercise the diligence of a good father of a family to prevent such damages. He knew the water pipes were under repair and should have presumed that Echevarria might use the faucet. Despite this, he only provided an ordinary basin without an outlet under the faucet, which, when filled, caused the water to spill onto the floor. His failure to provide a proper receptacle with a drain constituted a lack of due diligence. Therefore, Jose Dingcong was correctly held liable. The appealed decision was confirmed, with costs against the appellant.