BVR & ASSOCIATES
  • HOME
  • OUR SERVICES
    • TAX COMPLIANCE & ACCOUNTING
    • BUSINESS REGISTRATION
    • BACK OFFICE SUPPORT SERVICES
    • BUSINESS PROCESS OUTSOURCING
    • PAYROLL SERVICES
    • VIRTUAL ASSISTANT
    • FINANCIAL PLANNING
    • ASSET MANAGEMENT
    • HUMAN RESOURCES
  • About
  • ARTICLES
    • TESTIMONIALS
    • BLOG
  • CONTACT US
  • SERVICES

a collections of case digests and laws that can help aspiring law students to become a lawyer


​TORIO v. FONTANILLA

6/14/2020

0 Comments

 
ISSUE:  Whether or not the Municipality of Malasiqui may be held liable. 

FACTS:  On October 21, 1978, the municipal council of Malasiqui, Pangasinan passed 2 resolutions: one for management of the town fiesta celebration and the other for the creation of the Malasiqui Town Fiesta Executive Committee. The Executive Committee, in turn, organized a sub-committee on entertainment and stage with Jose Macaraeg as Chairman. The council appropriated the amount of P100.00 for the construction of 2 stages, one for the "zarzuela" and another for the cancionan. While the zarzuela was being held, the stage collapsed. Vicente Fontanilla was pinned underneath and died in the afternoon of the following day. Fontanilla’s heirs filed a complaint for damages with the CFI of Manila. The defendants were the municipality, the municipal council and the municipal council members. In its Answer, defendant municipality argued that as a legally and duly organized public corporation it performs sovereign functions and the holding of a town fiesta was an exercise of its governmental functions from which no liability can arise to answer for the negligence of any of its agents. 

DECISION:  Yes. The Municipality of Malasiqui was held liable. 

​RATIO DECIDENDI:  Under the doctrine of respondent superior, petitioner-municipality is liable for damages for the death of Vicente Fontanilla because the accident was attributable to the negligence of the municipality's officers, employees, or agents. 
0 Comments



Leave a Reply.

    Archives

    August 2022
    July 2022
    June 2022
    March 2022
    February 2022
    January 2022
    December 2021
    November 2021
    October 2021
    September 2021
    July 2021
    June 2021
    May 2021
    January 2021
    December 2020
    November 2020
    October 2020
    September 2020
    August 2020
    July 2020
    June 2020
    April 2020
    March 2020
    October 2019
    September 2019
    August 2019
    March 2018

    Categories

    All
    Agrarian Law
    Articles-of-incorporation
    By-laws
    Constitutional Law
    Criminal Law
    Law
    Persons And Family Relations

    RSS Feed

Powered by Create your own unique website with customizable templates.
  • HOME
  • OUR SERVICES
    • TAX COMPLIANCE & ACCOUNTING
    • BUSINESS REGISTRATION
    • BACK OFFICE SUPPORT SERVICES
    • BUSINESS PROCESS OUTSOURCING
    • PAYROLL SERVICES
    • VIRTUAL ASSISTANT
    • FINANCIAL PLANNING
    • ASSET MANAGEMENT
    • HUMAN RESOURCES
  • About
  • ARTICLES
    • TESTIMONIALS
    • BLOG
  • CONTACT US
  • SERVICES