Monday, April 02, 2007 Court finds Makati gov't liable for woman's fall into manhole
NEXT time you fall into an open manhole, blame it on your local government unit and claim damages for any injuries that you may sustain.
Thus, ruled by the Court of Appeals (CA) when it granted the petition of Dolora Angeles and husband Ricardo, who sued the Makati City Government for damages after she sustained serious physical injuries when she fell into an open manhole.
The CA Second Division chaired by Associate Justice Japar Dimaampao found merit in the argument of the petitioners that the City Government's negligence in the maintenance of roads and failure to perform their official duties to provide suitable protection for the prevention of damages or injuries to the public could be blamed for Dolora's accident.
Citing Article 2189 of the 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 and supervision."
"Nothing more can be said that the foregoing incident is clearly indicative of the presence of negligence of the City of Makati in failing to remedy the defective condition of the road where the subject manhole is located or to provide adequate safeguards or devices to warn the public of the impending danger that can be caused by the said uncovered manhole," the CA said.
The appellate court dismissed the contention of respondents that they should not be faulted for the injuries sustained by Dolora because the direct and proximate reason for the accident was due to her own negligence and lack of care or caution.
The CA said the negligence on the part of the City Government was apparent when it failed to remedy the manhole despite their admission that the cover itself was not built to withstand the weight of about 100 vehicles plying that road.
It further ruled that Makati City exercises not only control or supervision over the streets where the subject manhole is located, but has in fact jurisdiction over said roads.
"Hence, the liability of the city to plaintiffs-appellants is clear and unequivocal. They cannot validly shirk from their obligation to maintain and insure the safe condition of the roads within their area of responsibility," the court said.
Records showed that on the evening of Feb. 11, 1991, Dolora was on her way home from the office and was walking along Evangelista Street near corner Bonifacio Street in Bangkal, Makati when she fell into an open manhole to avoid being hit by a passing vehicle.
As a result, she sustained body injuries, consisting of multiple abrasions on both legs and right elbow, and underwent medical treatment. She also was not able to work for a month.
After the incident, her husband sent a letter to the barangay leader of Bangkal, Makati apprising him of the injuries sustained by Dolora caused by the unattended manhole.
Expecting indemnification from the City Government but not getting any, the couple filed a complaint for damages before the Makati Regional Trial Court, claiming the city officers should be held liable on account of their negligence in the maintenance of roads.
The couple's complaint, however, was dismissed by the lower court, prompting them to elevate the case to the CA. (ECV/Sunnex)
