Wednesday, December 17, 2008

City of Manila vs. Teotico

City of Manila vs. Genaro N. Teotico and CA
G.R. No. L-23052. 29 January 1968.

Appeal by certiorari from a decision of the CA
Concepcion, J.:

Facts:
On January 27, 1958, Teotico was at the corner of the Old Luneta and P. Burgos Avenue, Manila, within a "loading and unloading" zone, waiting for a jeepney. As he stepped down from the curb to board the jeepney he hailed, and took a few steps, he fell inside an uncovered and unlighted catch basin or manhole on P. Burgos Avenue. Due to the fall, Teotico suffered injuries. Teotico filed with the CFI Mla complaint against the City which dismissed the same. On appeal, CA sentenced the City of Manila to pay damages.

Issue:
WON the City of Manila have control or supervision over P. Burgos Ave making it responsible for the damages suffered by Teotico.

Ruling: Decision affirmed.
In its answer to the complaint, the City, alleged that "the streets aforementioned were and have been constantly kept in good condition…and manholes thereof covered by the defendant City and the officers concerned…" Thus, the City had, in effect, admitted that P. Burgos Avenue was and is under its control and supervision.
Under Article 2189 CC, it is not necessary for the liability therein established to attach that the defective roads or streets belong to the province, city or municipality from which responsibility is exacted. What said article requires is that the province, city or municipality have either "control or supervision" over said street or road. Even if P. Burgos Avenue were, therefore, a national highway, this circumstance would not necessarily detract from the City's "control or supervision."

*Dan'q

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