TORTS - 38. San Juan v.

CA|1

78 said article requires is that the province, city or municipality have either
“control or supervision” over said street or road. x x x
SUPREME COURT REPORTS ANNOTATED
Same; Same; Same; Words and Phrases; Clear it is from the former Local
Municipality of San Juan, Metro Manila vs. Court of Appeals
Government Code (B.P. 337) that a municipality can “regulate” the drilling
G.R. No. 121920. August 9, 2005.* and excavation of the ground for the laying of gas, water, sewer, and other
pipes within its territorial jurisdiction; The term “regulate” found in Section
THE MUNICIPALITY OF SAN JUAN, METRO MANILA, petitioner, vs. THE HON. 149 (1)(z) of B.P. 337 can only mean that a municipality exercises the power
COURT OF APPEALS, LAURA BIGLANG-AWA, METROPOLITAN WATERWORKS of control, or, at the very least, supervision over all excavations for the laying
AND SEWERAGE SYSTEM (MWSS), and KWOK CHEUNG, respondents. of gas, water, sewer, and other pipes within its territory.—It is argued,
Quasi-Delicts; Torts and Damages; Municipal Corporations; For liability to however, that under Section 149, [1][z] of the Local Government Code,
arise under Article 2189 of the Civil Code, ownership of the roads, streets, petitioner has control or supervision only over municipal and not national
bridges, public buildings and other public works, is not a controlling factor, it roads, like Santolan Road. Sadly, petitioner failed to take note of the other
being sufficient that a province, city or municipality has control or supervision provisions of Section 149 of the same Code, more particularly the following:
thereof.—Jurisprudence teaches that for liability to arise under Article 2189 Section 149. Powers and Duties.—(1) The sangguniang bayan shall: (bb)
of the Civil Code, ownership of the roads, streets, bridges, public buildings Regulate the drilling and excavation of the ground for the laying of gas, water,
and other public works, is not a controlling factor, it being sufficient that a sewer, and other pipes; the building and repair of tunnels, sewers, drains and
province, city or municipality has control or supervision thereof. This, we other similar structures; erecting of poles and the use of crosswalks, curbs
made clear in City of Manila vs. Teotico, et al.: At any rate, under Article 2189 and gutters therein, and adopt measures to ensure public safety against open
of the Civil Code, it is not necessary for the liabil- canals, manholes, live wires and other similar hazards to life and property,
and provide just compensation or relief for persons suffering from them;
_______________ (Italics supplied) Clear it is from the above that the Municipality of San Juan
can “regulate” the drilling and excavation of the ground for the laying of gas,
water, sewer, and other pipes within its territorial jurisdiction. Doubtless, the
* THIRD DIVISION. term “regulate” found in the aforequoted provision of Section 149 can only
mean that petitioner municipality exercises the power of control, or, at the
79 very least, supervision over all excavations for the laying of gas, water, sewer
and other pipes within its territory.

VOL. 466, AUGUST 9, 2005 Same; Same; Same; The municipality’s liability for injuries caused by its failure
to regulate the drilling and excavation of the ground for the laying of gas,
79 water, sewer, and other pipes, attaches regardless of whether the drilling or
excavation is made on a national road or municipal road, for as long as the
Municipality of San Juan, Metro Manila vs. Court of Appeals
same is within its territorial jurisdiction.—We must emphasize that under
ity therein established to attach that the defective roads or streets belong to paragraph [1][bb]
the province, city or municipality from which responsibility is exacted. What
80
 TORTS - 38. San Juan v. CA|2

80 The facts are stated in the opinion of the Court.

SUPREME COURT REPORTS ANNOTATED Romualdo C. Delos Santos for petitioner.
Municipality of San Juan, Metro Manila vs. Court of Appeals Benjamin M. Dacanay for private respondent L. Biglang-awa.
of Section 149, of the Local Government Code, the phrases “regulate the 81
drilling and excavation of the ground for the laying of gas, water, sewer, and
other pipes,” and “adopt measures to ensure public safety against open
canals, manholes, live wires and other similar hazards to life and property,” VOL. 466, AUGUST 9, 2005
are not modified by the term “municipal road.” And neither can it be fairly
inferred from the same provision of Section 149 that petitioner’s power of 81
regulation vis-à-vis the activities therein mentioned applies only in cases Municipality of San Juan, Metro Manila vs. Court of Appeals
where such activities are to be performed in municipal roads. To our mind,
the municipality’s liability for injuries caused by its failure to regulate the GARCIA, J.:
drilling and excavation of the ground for the laying of gas, water, sewer, and
other pipes, attaches regardless of whether the drilling or excavation is made
on a national or municipal road, for as long as the same is within its territorial In this appeal by way of a petition for review on certiorari under Rule 45 of
jurisdiction. the Rules of Court, petitioner Municipality of San Juan urges us to annul and
set aside the decision dated 08 September 19951 of the Court of Appeals in
Same; Same; Same; Metro Manila Commission Ordinance 82-01; Nowhere
CA-G.R. CV No. 38906, affirming with modification an earlier decision of the
can it be found in Metro Manila Commission Ordinance 82-01 any provision
Regional Trial Court at Pasig City in an action for damages thereat
exempting municipalities in Metro Manila from liabilities caused by their own
commenced by private respondent Laura Biglang-awa against, among others,
negligent acts.—Nor can petitioner seek shelter on Section 8 of Ordinance
the herein petitioner.
82-01 of the Metropolitan Manila Commission. Concededly, Section 8 of the
Ordinance makes the permittee/excavator liable for death, injury and/or The material facts are not at all disputed:
damages caused by the non-completion of works and/or failure of the one
undertaking the works to adopt the required precautionary measures for the Under a “Contract For Water Service Connections”2 entered into by and
protection of the general public. Significantly, however, nowhere can it be between the Metropolitan Waterworks and Sewerage System (MWSS) and
found in said Ordinance any provision exempting municipalities in Metro Kwok Cheung as sole proprietor of K.C. Waterworks System Construction (KC,
Manila from liabilities caused by their own negligent acts. Afortiori, nothing for short), the former engaged the services of the latter to install water
prevents this Court from applying other relevant laws concerning petitioner’s service connections. Article 11 (Scope of Work), paragraph 2.01 of the
liability for the injuries sustained by Biglang-awa on that fateful rainy evening agreement provides:
of 31 May 1988. 2.01 The CONTRACTOR agrees to install water service connections, transfer
PETITION for review on certiorari of a decision of the Court of Appeals. location of tapping to the nearest main, undertake separation of service
connection, change rusted connections, within the service area of the MWSS
 TORTS - 38. San Juan v. CA|3

specified in each job order covered by this Contract, from the water main up the workers were still required to re-excavate that particular portion for the
to the installation of the verticals. Tapping of the service pipe connection and tapping of pipes for the water connections to the concessionaires.
mounting of water meter shall be undertaken exclusively or solely by the
MWSS; Meanwhile, between 10 o’clock and 11 o’clock in the evening of 31 May 1988,
Priscilla Chan was driving her Toyota Crown car with Plate No. PDK 991 at a
On 20 May 1988, KC was given a Job Order by the South Sector Office of speed of thirty (30) kilometers per hour on the right side of Santolan Road
MWSS to conduct and effect excavations at the corner of M. Paterno and towards the direction of Pinaglabanan, San Juan, Metro Manila. With her on
Santolan Road, San Juan, Metro Manila, a national road, for the laying of board the car and seated on the right front seat was Assistant City Prosecutor
water pipes and tapping of water to the respective houses of water Laura Biglang-awa. The road was flooded as it was then raining hard.
concessionaires. Suddenly, the left front wheel of the car fell on a manhole where the workers
of KC had earlier made excavations. As a result, the humerus on the right arm
_______________ of Prosecutor Biglang-awa was fractured. Thereupon, Priscilla Chan
contacted Biglang-awa’s husband who immediately arrived at the scene and
brought his wife to the Cardinal Santos Hospital.
1 Penned by then Associate Justice (now a member of this Court) Romeo J.
Callejo, Sr., with Associate Justices Pacita Cañizares-Nye and Delilah Vidallon- Dispatched to the scene of the accident to conduct an investigation thereof,
Magtolis, concurring; Rollo, pp. 30-49. Pfc. Felix Ramos of the Traffic Division of the San Juan Police Station, upon
arriving thereat, saw Priscilla Chan’s car already extracted from the manhole
2 Original Records, p. 21. and placed beside the excavated portion of the road. According to this police
82 officer, he did not see any barricades at the scene when he arrived less than
an hour later. A Traffic Accident Investi-
83
82
SUPREME COURT REPORTS ANNOTATED
VOL. 466, AUGUST 9, 2005
Municipality of San Juan, Metro Manila vs. Court of Appeals
83
That same day, KC dispatched five (5) of its workers under Project Engineer
Ernesto Battad, Jr. to conduct the digging operations in the specified place. Municipality of San Juan, Metro Manila vs. Court of Appeals
The workers installed four (4) barricades made up of two-inch thick GI pipes gation Report3 was thereafter prepared and signed by Pfc. Ramos.
welded together, 1.3 meters wide and 1.2 meters high, at the area where the
digging is to take place. The digging operations started at 9 o’clock in the At the hospital, the attending physician, after having performed a close
morning and ended at about 3 o’clock in the afternoon. The workers dug a reduction and application of abduction splint on Biglang-awa, placed a plastic
hole one (1) meter wide and 1.5 meters deep, after which they refilled the cast on her right arm. Barring complications, the injury she suffered was
excavated portion of the road with the same gravel and stone excavated from expected to heal in four (4) to six (6) weeks, although she must revisit her
the area. At that time, only 3/4 of the job was finished in view of the fact that doctor from time to time for check-up and rehabilitation. After some time,
the plastic cast was removed. Biglang-awa sustained no deformity and no
 TORTS - 38. San Juan v. CA|4

tenderness of the area of the injury but she could not sleep on her right side Municipality of San Juan, Metro Manila vs. Court of Appeals
because she still felt pain in that portion of her body. A Medical Certificate4
on her injuries was issued by Dr. Antonio Rivera. (c) P10,000.00, for exemplary damages;
(d) P5,000.00, for attorney’s fees; and
Consequent to the foregoing incident, Biglang-awa filed before the Regional
Trial Court at Pasig, Metro Manila a complaint for damages against MWSS, (e) to pay the costs.
the Municipality of San Juan and a number of San Juan municipal officials.
SO ORDERED.”
Later, Biglang-awa amended her complaint twice. In her second amended
complaint, she included KC as one of the defendants. Unable to accept the judgment, both Biglang-awa and the Municipality of San
Juan went to the Court of Appeals via ordinary appeal under Rule 41 of the
After due proceedings, the trial court rendered judgment in favor of Biglang- Rules of Court, which appeal was thereat docketed as CA-G.R. CV No. 38906.
awa adjudging MWSS and the Municipality of San Juan jointly and severally
liable to her. Dated 29 February 1992, the decision5 dispositively reads in full, As stated at the outset hereof, the appellate court, in a decision dated 08
thus: September 1995, affirmed with modification that of the trial court, to wit:

“WHEREFORE, foregoing considered, judgment is hereby rendered declaring “IN THE LIGHT OF ALL THE FOREGOING, the Decision appealed from is
the Municipality of San Juan, Metro Manila and the Metropolitan AFFIRMED but modified as follows:
Waterworks and Sewerage System jointly and severally liable to the plaintiff 1. The Appellees KC and MWSS and the Appellant San Juan are hereby
[Biglang-awa]. Both defendants are ordered to pay plaintiff the amounts of: ordered to pay, jointly and severally, to [Biglang-awa] the amounts of
(a) P18,389.55, for actual damages suffered by the plaintiff; P50,000.00 by way of moral damages, P50,000.00 by way of exemplary
damages and P5,000.00 by way of attorney’s fees, without prejudice to the
(b) P15,000.00, for moral damages; right of the Appellee MWSS for reimbursement from the Appellee KC under
_______________ the Contract, Exhibit “3-MWSS”;
2. The counterclaims of the Appellees and Appellant San Juan and the cross-
claim of the latter are DISMISSED. Without pronouncement as to costs.
3 Records, “Folder of Exhibits,” pp. 3-5.
SO ORDERED.” (Words in bracket supplied).
4 Records, “Folder of Exhibits,” p. 1.
Therefrom, petitioner Municipality of San Juan came to this Court thru the
5 CA Rollo, pp. 43-50. present recourse, on its submissions that:
84 I.

84 THE RESPONDENT APPELLATE COURT HAS DECIDED A QUESTION OF

SUBSTANCE NOT HEREFORE DECIDED BY THE SUPREME COURT.
SUPREME COURT REPORTS ANNOTATED
II.
 TORTS - 38. San Juan v. CA|5

damage arising therefrom. For this purpose, the excavator/permittee shall

purchase insurance coverage to answer for third party liability,
THE RESPONDENT APPELLATE COURT HAS DECIDED A QUESTION PROBABLY
NOT IN ACCORD WITH THE LAW AND JURISPRUDENCE. _______________
85
6 Section 149. Powers and Duties.—(1) The sangguniang bayan shall:
VOL. 466, AUGUST 9, 2005 (z) Provide for the construction, improvement, repair and maintenance of
municipal streets, avenues, alleys, sidewalks, bridges, parks and other public
85 places, and regulate the use thereof, and, and prohibit the construction or
Municipality of San Juan, Metro Manila vs. Court of Appeals placing of obstacles or encroachments on them; (Italics supplied)

With no similar recourse having been taken by the other parties, the Court 86
shall limit itself to the liability or non-liability of petitioner municipality for the
injury sustained by Biglang-awa.
86
In denying liability for the subject accident, petitioner essentially anchored its
defense on two provisions of laws, namely: (1) Section 149, [1][z] of Batas SUPREME COURT REPORTS ANNOTATED
Pambansa Blg. 337, otherwise known as the Local Government Code of 1983;
and (2) Section 8, Ordinance 82-01, of the Metropolitan Manila Commission. Municipality of San Juan, Metro Manila vs. Court of Appeals

Petitioner maintains that under Section 149, [1][z] of the Local Government only the Project Engineer of KC and MWSS can be held liable for the same
Code,6 it is obliged to provide for the construction, improvement, repair and accident.
maintenance of only municipal streets, avenues, alleys, sidewalks, bridges, The petition must have to be denied.
parks and other public places. Ergo, since Santolan Road is concededly a
national and not a municipal road, it cannot be held liable for the injuries Jurisprudence7 teaches that for liability to arise under Article 21898 of the
suffered by Biglang-awa on account of the accident that occurred on said Civil Code, ownership of the roads, streets, bridges, public buildings and other
road. public works, is not a controlling factor, it being sufficient that a province, city
or municipality has control or supervision thereof. This, we made clear in City
Additionally, petitioner contends that under Section 8, Ordinance No. 82-01, of Manila vs. Teotico, et al.:9
of the Metropolitan Manila Commission, which reads:
At any rate, under Article 2189 of the Civil Code, it is not necessary for the
In the event of death, injury and/or damages caused by the non-completion liability therein established to attach that the defective roads or streets
of such works and/or failure of one undertaking the work to adopt the belong to the province, city or municipality from which responsibility is
required precautionary measures for the protection of the general public or exacted. What said article requires is that the province, city or municipality
violation of any of the terms or conditions of the permit, the have either “control or supervision” over said street or road. x x x
permittee/excavator shall assume fully all liabilities for such death, injury or
 TORTS - 38. San Juan v. CA|6

It is argued, however, that under Section 149, [1][z] of the Local Government Clear it is from the above that the Municipality of San Juan can “regulate” the
Code, petitioner has control or supervision only over municipal and not drilling and excavation of the ground for the laying of gas, water, sewer, and
national roads, like Santolan Road. other pipes within its territorial jurisdiction.
Sadly, petitioner failed to take note of the other provisions of Section 149 of Doubtless, the term “regulate” found in the aforequoted provision of Section
the same Code, more particularly the following: 149 can only mean that petitioner municipality exercises the power of
control, or, at the very least, supervision over all excavations for the laying of
Section 149. Powers and Duties.—(1) The sangguniang bayan shall: gas, water, sewer and other pipes within its territory.
_______________ We must emphasize that under paragraph [1][bb] of Section 149, supra, of
the Local Government Code, the phrases “regulate the drilling and excavation
of the ground for the laying of gas, water, sewer, and other pipes,” and
7 City of Manila vs. Teotico, et al., 130 Phil. 244; 22 SCRA 267 (1968), Jimenez “adopt measures to ensure public safety against open canals, manholes, live
vs. City of Manila, et al., 150 SCRA 510 (1987), Guilatco vs. City of Dagupan, wires and other similar hazards to life and property,” are not modified by the
et al., 171 SCRA 382 (1989). term “municipal road.” And neither can it be fairly inferred from the same
8 Article 2189. Provinces, cities and municipalities shall be liable for damages provision of Section 149 that petitioner’s power of regulation vis-à-vis the
for the death of, or injuries suffered by, any person by reason of the defective activities therein mentioned applies only in cases where such activities are to
condition of roads, streets, bridges, public buildings, and other public works be performed in municipal roads. To our mind, the municipality’s liability for
under their control or supervision. (Emphasis supplied) injuries caused by its failure to regulate the drilling and excavation of the
ground for the laying of gas, water, sewer, and other pipes, attaches
9 130 Phil. 244, 250; 22 SCRA 267, 271 (1968). regardless of whether the drilling or excavation is made on a national or
municipal road, for as long as the same is within its territorial jurisdiction.
87
We are thus in full accord with the following pronouncements of the
appellate court in the decision under review:
VOL. 466, AUGUST 9, 2005
88
87
Municipality of San Juan, Metro Manila vs. Court of Appeals
88
(bb) Regulate the drilling and excavation of the ground for the laying of gas,
SUPREME COURT REPORTS ANNOTATED
water, sewer, and other pipes; the building and repair of tunnels, sewers,
drains and other similar structures; erecting of poles and the use of Municipality of San Juan, Metro Manila vs. Court of Appeals
crosswalks, curbs and gutters therein, and adopt measures to ensure public
safety against open canals, manholes, live wires and other similar hazards to While it may be true that the Department of Public Works and Highways may
life and property, and provide just compensation or relief for persons have issued the requisite permit to the Appellee KC and/or concessionaires
suffering from them; (Italics supplied) for the excavation on said road, the Appellant San Juan is not thereby relieved
of its liability to [Biglang-awa] for its own gross negligence. Indeed,
 TORTS - 38. San Juan v. CA|7

Evangeline Alfonso, the witness for the Appellant San Juan unabashedly [sic]
admitted, when she testified in the Court a quo, that even if the Department
of Public Works and Highways failed to effect the requisite refilling, the VOL. 466, AUGUST 9, 2005
Appellant San Juan was mandated to undertake the necessary precautionary 89
measures to avert accidents and insure the safety of pedestrians and
commuters: Municipality of San Juan, Metro Manila vs. Court of Appeals

xxx their arms and shut their eyes and say they have no notice. (Todd versus City
of Troy, 61 New York 506). (Words in bracket supplied).
The [petitioner] cannot validly shirk from its obligation to maintain and insure
the safe condition of the road merely because the permit for the excavation Nor can petitioner seek shelter on Section 8 of Ordinance 82-01 of the
may have been issued by a government entity or unit other than the Metropolitan Manila Commission.
Appellant San Juan or that the excavation may have been done by a Concededly, Section 8 of the Ordinance makes the permittee/excavator liable
contractor under contract with a public entity like the Appellee MWSS. for death, injury and/or damages caused by the non-completion of works
Neither is the [petitioner] relieved of liability based on its purported lack of and/or failure of the one undertaking the works to adopt the required
knowledge of the excavation and the condition of the road during the period precautionary measures for the protection of the general public. Significantly,
from May 20, 1988 up to May 30, 1988 when the accident occurred. It must however, nowhere can it be found in said Ordinance any provision exempting
be borne in mind that the obligation of the [petitioner] to maintain the safe municipalities in Metro Manila from liabilities caused by their own negligent
condition of the road within its territory is a continuing one which is not acts. Afortiori, nothing prevents this Court from applying other relevant laws
suspended while a street is being repaired (Corpus Juris Secundum, Municipal concerning petitioner’s liability for the injuries sustained by Biglang-awa on
Corporations, page 120). Knowledge of the condition of the road and the that fateful rainy evening of 31 May 1988.
defects and/or obstructions on the road may be actual or constructive. It is WHEREFORE, the instant petition is DENIED and the assailed decision of the
enough that the authorities should have known of the aforesaid appellate court AFFIRMED.
circumstances in the exercise of ordinary care (City of Louiseville versus
Harris, 180 Southwestern Reporter. page 65). In the present recourse, Costs against petitioner.
Santolan Road and the Greenhills area coming from Ortigas Avenue going to
SO ORDERED.
Pinaglabanan, San Juan, Metro Manila is a busy thoroughfare. The gaping
hole in the middle of the road of Santolan Road could not have been missed Panganiban (Chairman), Sandoval-Gutierrez and Carpio-Morales, JJ.,
by the authorities concerned. After all, the [petitioner] San Juan is mandated concur.
to effect a constant and unabated monitoring of the conditions of the roads
to insure the safety of motorists. Persuasive authority has it that: Corona, J., On Official Leave.

It is the duty of the municipal authorities to exercise an active vigilance over Petition denied, assailed decision affirmed.
the streets; to see that they are kept in a reasonably safe condition for public Notes.—If the injury is caused in the course of the performance of a
travel. They cannot fold governmental function or duty no recovery,as a rule, can be had from the
89 municipality unless there is an existing statute on the matter, nor from its
officers, so long as they performed their duties honestly and in good faith or
 TORTS - 38. San Juan v. CA|8

that they did not act wantonly and maliciously. (Torio vs. Fontanilla, 85 SCRA
599 [1978])
90

90
SUPREME COURT REPORTS ANNOTATED
Pacioles, Jr. vs. Chuatoco-Ching
While municipal corporations are suable because their charters grant them
the competence to sue and be sued, they are generally not liable for torts
committed by them in the discharge of governmental functions and can be
held answerable only if it can be shown that they were acting in a proprietary
capacity. In permitting such entities to be sued, the State merely gives the
claimant the right to show that the defendant was not acting in its
governmental capacity when the injury was committed or that the case
comes under the exceptions recognized by law. Failing this, the claimant
cannot recover. (Municipality of San Fernando, La Union vs. Firme, 195 SCRA
692 [1991])
——o0o——

© Copyright 2016 Central Book Supply, Inc. All rights reserved. Municipality
of San Juan, Metro Manila vs. Court of Appeals, 466 SCRA 78, G.R. No. 121920
August 9, 2005