LIABILITY FOR TORTS – LIABILITY BASED ON NEGLIGENCE 9.

9. According to the attending physician, Biglang-awa's injury was expected to heal in four
G.R. No. 121920 – MUNICIPALITY OF SAN JUAN v. COURT OF APPEALS
GARCIA, J.
10.
MWSS entered into a contract for water service connections with KC Waterworks System
Construction ("KC"). Part of this project was to excavate a portion of the corner of M. Paterno 11.
and Santolan Road in San Juan (a national road). By the end of the day, only ¾ of the job
was finished. Between 10:00 to 11:00 PM that same day, Priscilla Chan was driving her car 12.
with a speed of 30 KPH on the right side of Santolan Road, towards Pinaglabanan, San
Juan. With her in the car was private respondent Asst. City Prosec. Laura Biglang-awa. It 13.
was raining, and the road was flooded. Suddenly, the left front wheel of the car fell on a
manhole which the KC workers excavated earlier. Biglang-awa fractured her humerus (bone 14.
extending from shoulder to elbow) on her right arm due to this. Hence, she filed before the
RTC a complaint for damages against MWSS, KC, the Municipality of San Juan as well as 15.
a number of San Juan municipal officials. The RTC ruled in favor of Biglang-awa and held
MWSS and the Municipality of San Juan solidarily liable to her. On appeal, such decision
was upheld by the CA and the SC. 16.
(4) to six (6) weeks, with rehabilitation. Dr. Antonio Rivera issued her a Medical
Certificate on her injuries.
Though Biglang-awa sustained no deformity in the injured area, she could not sleep on
her right side because she could still feel pain there.
Due to her injuries, Biglang-awa filed a complaint for damages against MWSS, the
Municipality of San Juan ("San Juan") and a number of San Juan municipal officials.
She amended her complaint twice, and included in her second amendment, KC
Waterworks as one of the defendants.
The RTC held in favor of Biglang-awa and declared the MWSS and San Juan to be
solidarily liable to Biglang-awa.
Unable to accept judgement, both Biglang-awa (she probably wanted the officials to be
liable too) and San Juan appealed to the CA.
The CA affirmed with modification the RTC decision, holding KC, MWSS, and San Juan
to be solidarily liable to her, without prejudice to MWSS' right for reimbursement from
KC Waterworks.
Aggrieved, San Juan appealed to the SC. Hence this petition.

ISSUE with HOLDING

DOCTRINE (See other notes for the provisions discussed here)
Jurisprudence teaches that for liability to arise under Article 2189 of the Civil Code,
ownership of the roads, streets, bridges, public buildings and other public works, is not a
controlling factor, it being sufficient that a province, city or municipality has control or
supervision thereof.
The municipality's liability for 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
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.
1. WON petitioner Municipality of San Juan is liable for the injury sustained by Biglang-
awa. – YES, SAN JUAN IS LIABLE.
a. [SAN JUAN] San Juan tried to defend itself by citing Section 149(1)(z) of BP
337 (the LGC of 1983) and Section 8, Ordinance 82-01.
i. Using Sec. 149, San Juan tried arguing that it is only responsible for
municipal roads, Santolan, being a national road is therefore
beyond its responsibility.
ii. San Juan also contended that the aforesaid ordinance, only the
project engineer of KC and MWSS can be held liable for the same
accident.

FACTS
1. A contract for the installation of water service connections was entered into by the
Metropolitan Waterworks and Sewerage System ("MWSS") and Kwok Cheung as sole
proprietor of K.C. Waterworks System Construction ("KC").
2. MWSS South Sector Office gave KC a job order to effect excavations at the corner of
M. Paterno and Santolan Road in San Juan. This was in preparation for the laying of
water pipes and tapping of water to the respective houses of water concessionaires.
3. KC thus dispatched five (5) workers to conduct such digging operations. Project
Engineer Ernesto Battad, Jr. was in charge. In addition, they installed four (4)
barricades using GI pipes welded together (1.3m W x 1.2m H).
4. Digging operations ended at 3:00 PM, with only ¾ of the job done.
5. At around 10:00 to 11:00 PM that same day, respondent Assistant City Prosecutor
Laura Biglang-awa ("Biglang-awa") was riding a Toyota Crown car being driven by
Priscilla Chan at a speed of thirty (30) KPH.
6. It was raining hard and the road was flooded. Suddenly the left front wheel of the car
fell into a manwhole which the KC workers earlier excavated.
7. As a result, Biglang-awa fractured her humerus (bone extending from the shoulder to
the elbow). She was brought to the Cardinal Santos Hosiptal by her husband who
immediately arrived at the scene after being contacted by Ms. Chan.
8. According to Police Officer Felix Ramos of the Traffic Division of the San Juan Police
Station, he did not see any barricades when he investigated the scene of the accident.
b. [SC] San Juan is liable. Article 2189 of the Civil Code states that it is sufficient
that a province, city or municipality has control of a road for it to be liable for
torts caused by the same.
i. San Juan's argument that per Section 149 of LGC 1983 it has only
control or supervision over municipal roads is erroneous. Nowhere
in this section is its control or supervision modified by the term
"municipal road". Neither can it be inferred that the same provision
only applies to activities to be performed in municipal roads.
ii. The municipality's liability for 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 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.
iii. San Juan's use of Section 8 of Ordinance 82-01 also does not hold
water. Such Ordinance makes the excavator liable for injury or
death or damages caused by non-completion of works or failure to
implement precautionary measures. However, nowhere in said
Ordinance does it state that municipalities in Metro Manila are
exempt from liabilities caused by their own negligent acts.
Therefore, nothing prevents the municipality from being liable by the
application of other laws.

1
DISPOSITIVE PORTION
WHEREFORE, the instant petition is DENIED and the assailed decision of the appellate
court AFFIRMED. Costs against petitioner.

SO ORDERED.

OTHER NOTES

ARTICLE 2189, New 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 or supervision.

Section 149. Powers and Duties. — (1) The sangguniang bayan shall:
(bb) Regulate the drilling and excavation of the ground for the laying of gas, water, sewer,
and other pipes; the building and repair of tunnels, sewers, drains and other similar
structures; erecting of poles and the use of crosswalks, curbs and gutters therein, and adopt
measures to ensure public safety against open canals, manholes, live wires and other similar
hazards to life and property, and provide just compensation or relief for persons suffering
from them; (Underscoring supplied)

Section 8, Ordinance No. 82-01 of the Metropolitan Manila Commission

In the event of death, injury and/or damages caused by the non-completion of such works
and/or failure of one undertaking the work to adopt the required precautionary measures for
the protection of the general public or violation of any of the terms or conditions of the permit,
the permittee/excavator shall assume fully all liabilities for such death, injury or damage
arising therefrom. For this purpose, the excavator/permittee shall purchase insurance
coverage to answer for third party liability,

DIGESTER: