Sunday, November 02, 2008 No aid for mishap victim’s family
THE Cebu City Council has refused to grant the request for financial assistance of the family of a security guard who was thrown off his bicycle after hitting an abandoned utility hole cover along P. del Rosario St., Cebu City last April 17.
Sabas Luban, 47, was on his way home to Barangay Labangon past 6 p.m. when his bicycle bumped into a concrete slab in front of the Sun.Star Publishing Inc. office.
He landed hard on the road and lost consciousness. He died the next day. There was a blood clot in his brain after he fractured his skull.
There was no early warning device in the area, which was dark, which was why he bumped into the concrete slab left behind by Jegma Construction, which the City contracted to fix the drainage system utility hole covers.
In its regular session last week, the City Council, upon the recommendation of the committee on budget and finance, said Luban’s family should direct their request to the contractor.
Committee
The committee quoted Section 4 of the Revised Charter of the City of Cebu, which provides that the “City will not be held liable for damages or injuries to persons or properties arising from the failure of… or from negligence of any of its officers or employees.”
“It may therefore be information to go over the contract between the City and Jegma Construction to determine the extent of their possible liability, if any; (and) to possibly assist the bereaved family in pursuing their claims against Jegma Construction,” it added.
City Councilors Jose Daluz III, Richard Osmeña, and Lea Japson signed the report, which the council adopted.
“It is…the opinion of the committee that the City of Cebu is not liable for the death of Sabas Luban, though tragic and deplorable it may be,” the committee said.
Breadwinner
Luban worked as a Mensas Security Agency guard and was assigned at the George and Peter Lines office in Pier 2.
After work, he regularly rode his bicycle to visit customers of his surplus spare parts buy-and-sell business. He left behind six children.
The committee said granting financial assistance to Luban would “set a precedent that would make the City liable for similar claims in the future.”
It also “foresees that the Commission on Audit may disallow such disbursements on the ground that it may not qualify as (for) ‘public purpose,’ for which public funds should be used.” (RHM)
