Meritt Vs Government of P.I
Meritt Vs Government of P.I
Meritt Vs Government of P.I
ISSUES:
HELD:
2. Under the Civil Code, the state is liable when it acts through
a special agent, but not when the damage should have been
caused by the official to whom properly it pertained to do the act
performed. A special agent is one who receives a definite and
fixed order or commission, foreign to the exercise of the duties
of his office if he is a special official. This concept does not
apply to any executive agent who is an employee of the acting
administration and who on his own responsibility performs the
functions which are inherent in and naturally pertain to his office
and which are regulated by law and the regulations. The driver
of the ambulance of the General Hospital was not a special
agent; thus the Government is not liable. (Merritt vs
Government of the Philippine Islands, G.R. No. L-11154, March
21 1916, 34 Phil. 311)
NOTE: