Abdula vs. Guiani G.R. No.: 118821, February 18, 2000, 326 SCRA 1 FACTS: The case involves a petition for certiorari and prohibition to set aside the warrant of arrest issued by Judge Japal M. Guiani of Branch 14 of the Regional Trial Court of Cotabato City. The petitioners, Mayor Bai Unggie D. Abdula and Odin Abdula, were charged with murder in Criminal Case No. 2376. The murder complaint alleged that the petitioners paid six other individuals for the death of a certain Abdul Dimalen, the former COMELEC Registrar of Kabuntalan, Maguindanao. Initially, the Provincial Prosecutor of Maguindanao dismissed the murder charges against the petitioners and five other respondents due to lack of prima facie evidence. However, a separate information for murder was filed against one of the respondents, Kasan Mama. Subsequently, the case was ordered to be returned to the Provincial Prosecutor for further investigation. After additional evidence was presented, the Provincial Prosecutor found a prima
Municipality of San Fernando vs. Judge Firme
G No L-52179, April 8 1991, 195 SCRA 692
FACTS:
On December 16, 1965, a collision occurred involving a passenger jeepney driven by Bernardo Balagot and owned by the Estate of Macario Nieveras, a gravel and sand truck driven by Jose Manandeg and owned by Tanquilino Velasquez and a dump truck of the Municipality of San Fernando, La Union and driven by Alfredo Bislig.
Due to the impact, several passengers of the jeepney including Laureano Baniña Sr. died as a result of the injuries they sustained and four (4) others suffered varying degrees of physical injuries.
The private respondents instituted a compliant for damages against the Estate of Macario Nieveras and Bernardo Balagot, owner and driver, respectively, of the passenger jeepney in the Court of First Instance of La Union, Branch I, San Fernando, La Union.
Read: Veterans Manpower and Protective Services, Inc. vs. Court of Appeals
However, the aforesaid defendants filed a Third Party Complaint against the petitioner and the driver of a dump truck of petitioner.
Thereafter, the case was subsequently transferred to Branch IV, presided over by respondent judge. The private respondents amended the complaint wherein the petitioner and its regular employee, Alfredo Bislig were impleaded for the first time as defendants.
Petitioner filed its answer and raised affirmative defenses such as lack of cause of action, non-suability of the State, prescription of cause of action and the negligence of the owner and driver of the passenger jeepney as the proximate cause of the collision.
ISSUE:
Whether or not the Municipality of San Fernando, La Union can enjoy the immunity from suit.
HELD:
The Court granted the petition and the decision of the respondent court is hereby modified, absolving the petitioner municipality of any liability in favor of private respondents.
Article XVI, Section 3 of the Constitution expressly provides that:
Consent takes the form of express or implied consent.
Express consent may be embodied in a general law or a special law.
A special law may be passed to enable a person to sue the government for an alleged quasi-delict.
While implied consent occurs when the government enters into business contracts, thereby descending to the level of the other contracting party, and also when the State files a complaint, thus opening itself to a counterclaim.
Municipal corporations, like provinces and cities, are agencies of the State when they are engaged in governmental functions and therefore should enjoy the sovereign immunity from suit.
Nevertheless, they are subject to suit even in the performance of such functions because their charter provided that they can sue and be sued.
The municipal corporations are suable because their charters grant them the competence to sue and be sued.
Read: Republic of the Philippines vs. Feliciano
Nevertheless, they are generally not liable for torts committed by them in the discharge of governmental functions and can be held answerable only if it can be shown that they were acting in a proprietary capacity.
In the case at bar, petitioner Municipality of San Fernando, La Union is a municipal corporation existing under and in accordance with the laws of the Republic of the Philippines.
he 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."
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.
The municipality cannot be held liable for the torts committed by its regular employee, who was then engaged in the discharge of governmental functions.
Thus, the death of the passenger –– tragic and deplorable though it may be –– imposed on the municipality no duty to pay monetary compensation.
G No L-52179, April 8 1991, 195 SCRA 692
FACTS:
On December 16, 1965, a collision occurred involving a passenger jeepney driven by Bernardo Balagot and owned by the Estate of Macario Nieveras, a gravel and sand truck driven by Jose Manandeg and owned by Tanquilino Velasquez and a dump truck of the Municipality of San Fernando, La Union and driven by Alfredo Bislig.
Due to the impact, several passengers of the jeepney including Laureano Baniña Sr. died as a result of the injuries they sustained and four (4) others suffered varying degrees of physical injuries.
The private respondents instituted a compliant for damages against the Estate of Macario Nieveras and Bernardo Balagot, owner and driver, respectively, of the passenger jeepney in the Court of First Instance of La Union, Branch I, San Fernando, La Union.
Read: Veterans Manpower and Protective Services, Inc. vs. Court of Appeals
However, the aforesaid defendants filed a Third Party Complaint against the petitioner and the driver of a dump truck of petitioner.
Thereafter, the case was subsequently transferred to Branch IV, presided over by respondent judge. The private respondents amended the complaint wherein the petitioner and its regular employee, Alfredo Bislig were impleaded for the first time as defendants.
Petitioner filed its answer and raised affirmative defenses such as lack of cause of action, non-suability of the State, prescription of cause of action and the negligence of the owner and driver of the passenger jeepney as the proximate cause of the collision.
ISSUE:
Whether or not the Municipality of San Fernando, La Union can enjoy the immunity from suit.
HELD:
The Court granted the petition and the decision of the respondent court is hereby modified, absolving the petitioner municipality of any liability in favor of private respondents.
Article XVI, Section 3 of the Constitution expressly provides that:
the State may not be sued without its consent.It is a general rule that the State may not be sued except when it gives consent to be sued.
Consent takes the form of express or implied consent.
Express consent may be embodied in a general law or a special law.
A special law may be passed to enable a person to sue the government for an alleged quasi-delict.
While implied consent occurs when the government enters into business contracts, thereby descending to the level of the other contracting party, and also when the State files a complaint, thus opening itself to a counterclaim.
Municipal corporations, like provinces and cities, are agencies of the State when they are engaged in governmental functions and therefore should enjoy the sovereign immunity from suit.
Nevertheless, they are subject to suit even in the performance of such functions because their charter provided that they can sue and be sued.
The municipal corporations are suable because their charters grant them the competence to sue and be sued.
Read: Republic of the Philippines vs. Feliciano
Nevertheless, they are generally not liable for torts committed by them in the discharge of governmental functions and can be held answerable only if it can be shown that they were acting in a proprietary capacity.
In the case at bar, petitioner Municipality of San Fernando, La Union is a municipal corporation existing under and in accordance with the laws of the Republic of the Philippines.
he 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."
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.
Section 3 Disputable presumptions. — The following presumptions are satisfactory if uncontradicted, but may be contradicted and overcome by other evidence:(m) That official duty has been regularly performed;Therefore, the Court ruled that the driver of the dump truck was performing duties or tasks pertaining to his office.
The municipality cannot be held liable for the torts committed by its regular employee, who was then engaged in the discharge of governmental functions.
Thus, the death of the passenger –– tragic and deplorable though it may be –– imposed on the municipality no duty to pay monetary compensation.