G.R. NO. 150304 - QUEZON CITY GOVERNMENT AND ENGINEER RAMIR J. TIAMZON, VS. FULGENCIO DACARA,*. DECISION - Supreme Court E-Library

Ruling

WHEREFORE , premises considered, the Decision dated June 29, 1990 in Civil Case No. Q-88-233 should be AFFIRMED , with costs against the appellants. [4] The assailed Resolution denied petitioners Motion for Reconsideration. The Facts The CA summarized the facts in this manner: Sometime on February 28, 1988 at about 1:00 A.M., Fulgencio Dacara, Jr., son of Fulgencio P. Dacara, Sr. and owner of 87 Toyota Corolla 4-door Sedan with Plate No. 877 (sic), while driving the said vehicle, rammed into a pile of earth/street diggings found at Matahimik St., Quezon City, which was then being repaired by the Quezon City government. As a result, Dacarra (sic), Jr. allegedly sustained bodily injuries and the vehicle suffered extensive damage for it turned turtle when it hit the pile of earth. Indemnification was sought from the city government (Record, p. 22), which however, yielded negative results. Consequently, Fulgencio P. Dacara (hereinafter referred to as FULGENCIO), for and in behalf of his minor son, Jr., filed a Complaint (Record, p. 1) for damages against the Quezon City and Engr. Ramir Tiamzon, as defendants, before the Regional Trial Court, National Capital Judicial Region, Branch 101, Quezon City, docketed as Civil Case No. Q-88-233. FULGENCIO prayed that the amount of not less than P20,000.00 actual or compensatory damages, P150,000.00 moral damages, P30,000.00 exemplary damages, and P20,000.00 attorneys fees and costs of the suit be awarded to him. In an Answer with Affirmative and/or Special Defenses (Record, p. 11), defendants admitted the occurrence of the incident but alleged that the subject diggings was provided with a moun[d] of soil and barricaded with reflectorized traffic paint with sticks placed before or after it which was visible during the incident on February 28, 1988 at 1:00 A.M. In short, defendants claimed that they exercised due care by providing the area of the diggings all necessary measures to avoid accident. Hence, the reason why Fulgencio Dacara, Jr. fell into the diggings was precisely because of the latters negligence and failure to exercise due care. [5] After trial on the merits, the Regional Trial Court (RTC), Branch 101, Quezon City, rendered its Decision [6] dated June 29, 1990. The evidence proffered by the complainant (herein respondent) was found to be sufficient proof of the negligence of herein petitioners. Under Article 2189 of the Civil Code, [7] the latter were held liable as follows: WHEREFORE, premises above considered, based on the quantum of evidence presented by the plaintiff which tilts in their favor elucidating the negligent acts of the city government together with its employees when considered in the light of Article 2189, judgment is hereby rendered ordering the defendants to indemnify the plaintiff the sum of twenty thousand pesos as actual/compensatory damages, P10,000.00 as moral damages, P5,000.00 as exemplary damages, P10,000.00 as attorneys fees and other costs of suit. [8] In th