JIMENEZ vs.

CITY OF MANILA of supervision and control over its public markets and talipapas under the
Specified Cases of Quasi-Delicts | May 29, 1987 | Paras, J. terms of the contract.”
d. Section 30 (g) of the Local Tax Code as amended also provides: The treasurer
Nature of Case: Certiorari shall exercise direct and immediate supervision administration and control
SUMMARY: Jimenez went to the market despite ankle high floods. He stepped on a nail in over public markets and the personnel thereof, including those whose duties
a drainage hole because he could not see and now sues Manila. The Court held that Manila concern the maintenance and upkeep of the market and ordinances and other
was responsible because it had control and supervision over the market area pertinent rules and regulations
DOCTRINE: Cities are responsible for injuries due to defective public works under their e. As a defense against liability on the basis of a quasi-delict, one must have
control or supervision exercised the diligence of a good father of a family (?)
f. The City could have taken ordinary precautions such as placing the drainage
FACTS: hole under the stalls instead of on the passage ways and making sure that the
• In the morning of Aug. 15, 1974, Petitioner Bernardino Jimenez and some of his openings were covered, as well as penalizing those who removed the covers
neighbors went to Sta. Ana public market to buy bagoong. The market was flooded g. Petitioner had the right to assume that there were no openings in the middle
with ankle deep dirty rainwater of the passageways and if any, that they were adequately covered. Thus the
• After buying bagoong, he turned around to head home but because he couldn’t’ see negligence of the City of Manila is the proximate cause of the injury suffered
the ground, he stepped on a dirty and rusty 4-inch nail stuck inside a drainage hole.
The nail pierced 1 ½ inches into his leg (evidence later shows that the opening was RULING: Respondent City of Manila and Asiatic Integrated Corporation being joint tort-feasors are
uncovered for 5 months and that vendors remove the iron grills to hasten water flow) solidarily liable under Article 2194 of the Civil Code.
• He was treated at the nearby drugstore and helped home. He developed a fever and PREMISES CONSIDERED, the decision of the Court of Appeals is hereby MODIFIED, making the City
despite the assistance given by Dr. Mascardo, his left leg swelled with great pain and of Manila and the Asiatic Integrated Corporation solidarily liable to pay the plaintiff P221.90 actual
he was eventually confined at Veterans Memorial Hospital for 20 days due to high medical expenses, P900.00 for the amount paid for the operation and management of the school bus,
fever and severe pain P20,000.00 as moral damages due to pain, sufferings and sleepless nights and P10,000.00 as attorney's
• Upon discharge from hospital, he had to use crutches for 15 days and could not operate fees. SO ORDERED.
school buses so he had to ask a Bienvenido Valdez to supervise his business for P900
NOTE:
• Jimenez sued for damages the City of Manila and the Asiatic Integrated Corporation
Cited portion of Operating Contract
which administered the market by virtue of a Management and Operating Contract
II
• The lower court ruled in favor of respondents for lack of sufficient evidence while the
That immediately after the execution of this contract, the SECOND PARTY shall start the
IAC held only Asiatic Integrated Corporation liable (although Asiatic Integrated
painting, cleaning, sanitizing and repair of the public markets and talipapas and within ninety
argued that the injury was small and that as a veteran, Jimenez’ hospitalization was
(90) days thereof, the SECOND PARTY shall submit a program of improvement, development,
free at the War Veteran’s Hospital)
rehabilitation and reconstruction of the city public markets and talipapas subject to prior
• The City of Manila argues that it is not liable because Asiatic Integrated assumed all
approval of the FIRST PARTY. (Rollo, p. 44)
responsibility for damages under the contract. It also cites the Revised Charter of
xxx xxx xxx
Manila RA 409 Art 1 Sec 4 providing that “The City shall not be liable or held for
VI
damages or injuries to persons or property arising from the failure of the Mayor, the
That all present personnel of the City public markets and talipapas shall be retained by the
Municipal Board, or any other City Officer, to enforce the provisions of this chapter, or
SECOND PARTY as long as their services remain satisfactory and they shall be extended the
any other law or ordinance, or from negligence of said Mayor, Municipal Board, or any
same rights and privileges as heretofore enjoyed by them. Provided, however, that the SECOND
other officers while enforcing or attempting to enforce said provisions.”
PARTY shall have the right, subject to prior approval of the FIRST PARTY to discharge any of
the present employees for cause. (Rollo, p. 45).
ISSUE/S & RATIO:
VII
1. WON the City of Manila is solidarily liable with Asiatic Integrated – YES
That the SECOND PARTY may from time to time be required by the FIRST PARTY, or his duly
a. In City of Manila v. Teotico, it was ruled that RA 409 establishes a general
authorized representative or representatives, to report, on the activities and operation of the City
rule on negligence regardless of the object while Art. 2189 discusses the
public markets and talipapas and the facilities and conveniences installed therein, particularly
specific case of a defective condition of public works under their control
as to their cost of construction, operation and maintenance in connection with the stipulations
b. In the cited case is said that for liability to attach, it only requires that the city
contained in this Contract. (lbid)
has control or supervision over the public work, not necessarily ownership
c. The contract showed that the City of Manila had control through its market Related provisions
master who would have direct supervision and control of the market. The NCC Art. 2189
fact of supervision and control over the public market was admitted by Provinces, cities and municipalities shall be liable for damages for the death of, or injuries
Mayor Ramon Bagatsing in his letter to Secretary of Finance Cesar Virata “It suffered by any person by reason of defective conditions of roads, streets, bridges, public
is believed that there is nothing incongruous in the exercise of these powers buildings and other public works under their control or supervision.
vis-a-vis the existence of the contract, inasmuch as the City retains the power