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    47 - Municipality of San Fernando Vs Judge Firme Digest

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    Ella Perez
    1) A collision occurred between vehicles resulting in deaths and injuries of passengers. The heirs of a deceased passenger filed a complaint against the Municipality of San Fernando and the driver of one of the vehicles. 2) The issues are whether the municipality is liable for the torts of its employee, and whether the driver was performing governmental or proprietary functions. 3) The court held that the driver of the municipal dump truck was performing duties related to his job by transporting sand and gravel for street repairs. The municipality cannot be held liable for torts committed by employees performing governmental functions. The municipality was absolved of liability.

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    47 - Municipality of San Fernando Vs Judge Firme Digest

    Uploaded by

    Ella Perez
    154 views2 pages
    1) A collision occurred between vehicles resulting in deaths and injuries of passengers. The heirs of a deceased passenger filed a complaint against the Municipality of San Fernando and the driver of one of the vehicles. 2) The issues are whether the municipality is liable for the torts of its employee, and whether the driver was performing governmental or proprietary functions. 3) The court held that the driver of the municipal dump truck was performing duties related to his job by transporting sand and gravel for street repairs. The municipality cannot be held liable for torts committed by employees performing governmental functions. The municipality was absolved of liability.

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    47 - Municipality of San Fernando vs Judge Firme digest

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    47 - Municipality of San Fernando vs Judge Firme digest

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    1) A collision occurred between vehicles resulting in deaths and injuries of passengers. The heirs of a deceased passenger filed a complaint against the Municipality of San Fernando and the driver of one of the vehicles. 2) The issues are whether the municipality is liable for the torts of its employee, and whether the driver was performing governmental or proprietary functions. 3) The court held that the driver of the municipal dump truck was performing duties related to his job by transporting sand and gravel for street repairs. The municipality cannot be held liable for torts committed by employees performing governmental functions. The municipality was absolved of liability.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    154 views2 pages

    47 - Municipality of San Fernando Vs Judge Firme Digest

    Uploaded by

    Ella Perez
    1) A collision occurred between vehicles resulting in deaths and injuries of passengers. The heirs of a deceased passenger filed a complaint against the Municipality of San Fernando and the driver of one of the vehicles. 2) The issues are whether the municipality is liable for the torts of its employee, and whether the driver was performing governmental or proprietary functions. 3) The court held that the driver of the municipal dump truck was performing duties related to his job by transporting sand and gravel for street repairs. The municipality cannot be held liable for torts committed by employees performing governmental functions. The municipality was absolved of liability.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    of 2

    Municipality of San Fernando vs Judge Firme

    Facts:

    On Dec. 16, 1965 a collision occurred involving a passenger jeepney driven by


    Bernardo Bagnot , a gravel and sand truck driven by Jose Manadez, and a dump truck of
    the Municipality of San Fernando driven by Alfredo Bislig causing several of the
    passengers including Laureano Baniña Sr died and others suffered varying degrees of
    physical injuries. The heirs of the Laureano Baniña Sr filed a complaint against the
    Municipality of San Fernando and the driver Alfredo Bislig. The respondent Judge
    ordered Municipality of San Fernando, La Union and Alfredo Bislig to pay jointly and
    severally the plaintiffs for funeral expenses, actual damages consisting of the loss of
    earning capacity of the deceased, and attorney's fees and costs of suit. The petitioner filed
    a petition for certiorari with prayer for the issuance of a writ of preliminary mandatory
    injunction seeking the nullification or modification of the proceedings and the orders
    issued by the respondent Judge Firme.

    Issues:

    1. Whether or not the municipality is liable for the torts committed by its employee?
    2. Whether or not the driver, acting in behalf of the municipality, is performing
    governmental or proprietary functions?

    Held:

    In the case at bar, the driver of the dump truck of the municipality insists that "he
    was on his way to the Naguilian river to get a load of sand and gravel for the repair of
    San Fernando's municipal streets." (Rollo, p. 29.)

    In the absence of any evidence to the contrary, the regularity of the performance
    of official duty is presumed pursuant to Section 3(m) of Rule 131 of the Revised Rules of
    Court. Hence, We rule that the driver of the dump truck was performing duties or tasks
    pertaining to his office.

    After a careful examination of existing laws and jurisprudence, We arrive at the


    conclusion that the municipality cannot be held liable for the torts committed by its
    regular employee, who was then engaged in the discharge of governmental functions.
    Hence, the death of the passenger — tragic and deplorable though it may be imposed on
    the municipality no duty to pay monetary compensation.

    All premises considered, the Court is convinced that the respondent judge's
    dereliction in failing to resolve the issue of non-suability did not amount to grave abuse
    of discretion. But said judge exceeded his jurisdiction when it ruled on the issue of
    liability.
    ACCORDINGLY, the petition is GRANTED and the decision of the respondent
    court is hereby modified, absolving the petitioner municipality of any liability in favor of
    private respondents.

    SO ORDERED.

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