By: Atty. Gregorio B. Austral, CPA
Who should be sued for injuries suffered from defective roads?
Guilatco was about to board a motorized tricycle at a sidewalk located at Perez Blvd., Dagupan City when she accidentally fell into a manhole causing the right leg to be fractured. She was hospitalized etc., and incurred expenses and suffered severe or excruciating pain. Who should be held liable for his injuries?
The liability of public corporations for damages arising from injuries suffered by pedestrians from the defective condition of roads is expressed in the Civil Code as follows:
“Art. 2189. 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.”
It is not necessary for the defective road or street to belong to the province, city or municipality for liability to attach. This article requires that either control or supervision is exercised over the defective road or street.
In the case at bar, this control or supervision is provided for in the charter of Dagupan and is exercised through the City Engineer. This function of supervision over streets, public buildings and other public works pertaining to the City Engineer is coursed through a Maintenance Foreman and a Maintenance Engineer.
There is therefore no doubt that the City Engineer exercises control or supervision over the public works in question. Hence, the liability of the city under Article 2189 is clear. (Lifted from Torts and Damages, by Judge Ed Vincent S. Albano citing Guilatco vs. City of Dagupan, G.R. No. 61516, March 21, 1989)