True
False
328383
599
GUZMAN,
ALFONSO
MACARANAS,
R.
MAXIMO
MAGSANOC,
JESUS
MANANGAN,
FIDEL
Pangasinan,
petitioners,
vs.
ROSALINA.
all
surnamed
FONTANILLA,
and
THE
town
fiesta in 1959
OF
MALASIQUI,
ANGELINA,
ANGELITA,
REMEDIOS
LEONARDO,
ANITA,
and
vs.
EDUARDO,
NORMA,
the maintenance of public schools, jails, and the like which are
petitioner,
ERNESTO,
ROBERTO,
all
surnamed
601
601
______________
FIRST DIVISION.
600
600 SUPREME COURT REPORTS ANNOTATED
Torio vs. Fontanilla
they did not act wantonly and maliciously. In Palafox, et al. v.
Province of Ilocos Norte, et al., 1958, a truck driver employed
by the provincial government of Ilocos Norte ran over Proceto
Palafox in the course of his work at the construction of a road.
The Supreme Court in affirming the trial courts dismissal of
the complaint for damages held that the province could not be
made liable because its employee was in the performance of
a governmental functionthe construction and maintenance
of roadsand however tragic and deplorable it may be, the
death of Palafox imposed on the province no duty to pay
monetary consideration.
Same; Same; The rule is otherwise where it is engaged
in the exercise of proprietary functions.With respect to
proprietary functions, the settled rule is that a municipal
corporation can be held liable to third persons ex contractu or
case
of
non-feasance
as
distinguished
from
Same;
Same;
municipal
corporation
exercising
members.
603
603
January 21, 22, and 23, 1959. Resolution No. 182 was also
for
on their part.
602
the
cancionan.
Jose
Macaraeg
supervised
the
602
The
zarzuela
entitled
Midas
Extravanganza
was
equitable.
although
but failed to comply; and it was only eight months after the
In
this
case
of
Vicente
Fontanilla,
recover
damages.
Named
party-defendants
were
the
1959.
PETITIONS for review of the decisions of the Court of Appeals.
M.
Armas,
Assistant
Provincial
Fiscal
for
petitioners.
Isidoro L. Padilla for respondents.
604
These Petitions for review present the issue of whether or not
the celebration of a town fiesta authorized by a municipal
council under Sec. 2282 of the Municipal Law as embodied in
the Revised Administrative Code is a governmental or a
corporate or proprietary function of the municipality.
A resolution of that issue will lead to another, viz: the civil
liability for damages of the Municipality of Malasiqui, and the
604
liable for damages as the undertaking was not one for profit;
enough for the occasion and that if it collapsed that was due
community.7
to
forces
beyond
the
control
of
the
committee
on
_______________
3
5
Serrano reversed the trial courts decision and ordered all the
952, 954.
costs.4
606
606
_______________
605
605
be
determined
on
the
basis
of
attending
preservation
of
public
peace,
maintenance
of
circumstances.
powers
have
those
exercised
by
the
corporation
in
14
608
performed
______________
supra, p. 509
10
of
private
or
proprietary
function
of
the
municipality.
Section 2282 of the Chapter on Municipal Law of the
Revised Administrative Code provides:
Section 2282. Celebration of fiesta.A fiesta may be held in
each municipality not oftener than once a year upon a date
607
VOL. 85, OCTOBER 23, 1978
Torio vs. Fontanilla
607
their duties honestly and in good faith or that they did not act
weighty
reasons,
such
as
typhoons,
inundations,
11
xx
xx
xx
element,
however
beneficial
to
the
public
the
the City of Cebu, et al., 99 Phil. 72, the Court held that
609
and as a rule the province and City of Cebu are not civilly
13
_________________
15
184
from the front ends of the stage to the front posts of the ticket
booth located at the rear of the stage and were fastened with
29993
611
VOL. 85, OCTOBER 23, 1978
Torio vs. Fontanilla
611
alone could not have removed the two braces which must be
about ten meters long and fastened them on top of the stage
for the curtain. The stage was only five and a half meters
610
610
meter bamboo pole, much more two poles, for the stage
curtain.17
The appellate court also found that the stage was not
for the construction of two stages and while the floor of the
agents.
front, 4 at the rear, and 5 on each side. Where were the rest?
On this point, the Court of Appeals found and held that there
was negligence.
The trial court gave credence to the testimony of Angel
Novado, a witness of the defendants (now petitioners), that a
member of the extravaganza troupe removed two principal
braces located on the front portion of the stage and used
them to hang the screen or telon, and that when many
people went up the stage the latter collapsed. This testimony
was not believed however by respondent appellate court, and
______________
17
p. 29, ibid.
612
612
private
respondents
argue
that
the
Midas
its
municipal
council
appointed
Macaraeg
as
which the general public was invited and plaintiff Sanders was
Second district, California, held inter alia that the Know your
_____________
City
Week
was
proprietary
activity
and
not
21
22
her safety, and plaintiff was entitled to assume that she would
Municipal Corporations.
lack of suffi-
_____________
De Gala-Sison v. Manalo, 8 SCRA 595; Ramos v. Pepsi-
among others.
18
19
duty may file an action for damages and other relief against
SCRA 674
20
the latter.23
613
Vicente Fontanlla.24
xx
xx
xx
an official duty.
If We are led to set aside the decision of the Court of
_______________
26
their
consideration
and resolution
are
indispensable
or
616
616
______________
23
24
25
29 SCRA 760
615
VOL. 85, OCTOBER 23, 1978
Torio vs. Fontanilla
615
xx
xx
and
We
municipal
the
them (L-29993).
absolve
(L-30183),
617
617
sphere, the city like any private owner, in free to charge such
seems as it may deem best, regardless of the reasonableness
of the amount fixed, for the prospective lessees are free to
enter into the corresponding contract of lease, if they are
compliance
City of Manila as its own showing that it was acquired with its
private or corporate funds, the presumption is that such land
come from the state upon the creation of the municipality.
circular
latter
could
obligatory.
have
made
(Serafica
vs.
618
may
be
held
liable
for
134.)
Municipal corporations may be held liable for the back pay
or wages of employees or laborers illegally separated from the
service, including those involving primarily governmental
said
the
Municipal
with
that
618
44 SCRA 405).
In the absence of title deed to any land claimed by the
doubtful
least,
the
o0o
619
latter character that they are a separate entity acting for their
reserved.