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Home Civil Law City of Manila vs Genaro Teotico
City of Manila vs Genaro Teotico
22 SCRA 267 Civil Law Torts and Damages Liability of municipal corporations in certain cases
In January 1958, at about 8pm, Genaro Teotico was about to board a jeepney in P. Burgos, Manila when he fell into an
uncovered manhole. This caused injuries upon him. Thereafter he sued for damages under Article 2189 of the Civil Code the
City of Manila, the mayor, the city engineer, the city health officer, the city treasurer, and the chief of police. CFI Manila
ruled against Teotico. The CA, on appeal, ruled that the City of Manila should pay damages to Teotico. The City of Manila
assailed the decision of the CA on the ground that the charter of Manila states that it shall not be liable for damages caused
by the negligence of the city officers in enforcing the charter; that the charter is a special law and shall prevail over the Civil
Code which is a general law; and that the accident happened in national highway.
ISSUE: Whether or not the City of Manila is liable in the case at bar.
HELD: Yes. It is true that in case of conflict, a special law prevails over a general law; that the charter of Manila is a special
law and that the Civil Code is a general law. However, looking at the particular provisions of each law concerned, the
provision of the Manila Charter exempting it from liability caused by the negligence of its officers is a general law in the
sense that it exempts the city from negligence of its officers in general. There is no particular exemption but merely a
general exemption. On the other hand, Article 2189 of the Civil Code provides a particular prescription to the effect that it
makes provinces, cities, and municipalities liable for the damages caused to a certain person by reason of the defective
condition of roads, streets, bridges, public buildings, and other-public works under their control or supervision.
The allegation that the incident happened in a national highway was only raised for the first time in the Citys motion for
reconsideration in the Court of Appeals, hence it cannot be given due weight. At any rate, even though it is a national
highway, the law contemplates that regardless if whether or not the road is national, provincial, city, or municipal, so long as
it is under the Citys control and supervision, it shall be responsible for damages by reason of the defective conditions
thereof. In the case at bar, the City admitted they have control and supervision over the road where Teotico fell when the
City alleged that it has been doing constant and regular inspection of the citys roads, P. Burgos included.
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