LOCGOV 085 City of Manila v Teotico (1968) (Teotico v City of Manila in syllabus) Although the rule is that special

l laws such as the Manila City Charter prevail over general laws like the Civil Code, damages arising from tort form an exception !n a situation where a person falls into a city manhole and gets in"ured, the Civil Code must prevail over the Manila City Charter Facts: 1. Genaro Teotico was a practicing public accountant, a businessman, and a professor at the University of the East. He held responsible positions in several business firms and was a member of several civic organizations. . !n "anuary #, 1$%&, Teotico was waiting for a 'eep at loading and unloading zone at the corner of !ld (uneta and ). *urgos +venue, ,anila. -. He managed to hail a 'eepney. +s he was wal.ing towards the 'eepney to board it, he fell into an uncovered and unlighted manhole /a.a catch basin0. 1. His head hit the rim of the manhole, causing his eyeglasses to brea.. The bro.en pieces of his glasses pierced his left eyelid. %. *ystanders brought him to the )hilippine General Hospital, after which, he was brought home. 2. +side from his wounded eyelid, his other in'uries were a. 3ontusions on his left thigh, left upper arm, right leg and upper lip b. +brasion on his right infra4patella region c. +llergic reaction to the anti4tetanus in'ections given to him at the hospital. #. Teotico filed a complaint for damages against the 3ity of ,anila, its mayor, city engineer, city health officer, city treasurer, and chief of police. &. 356 ,anila ruled in favor of Teotico. 3+ affirmed and additionally sentenced the 3ity to pay damages worth )2#%7.77 $. The 3ity of ,anila moved to reconsider, raising the issue of which law governed the case, 8ection 1 of the ,anila 3ity 3harter /9+ 17$0, or +rticle 1&$ of the 3ivil 3ode. 17. 8ection 1 of the ,anila 3ity 3harter provides that: The city shall not be liable or held for damages or in'uries to persons or property arising from the failure of the ,ayor, the ,unicipal *oard, or any other city officer, to enforce the provisions of this chapter, or any other law or ordinance, or from negligence of said ,ayor, ,unicipal *oard, or other officers while enforcing or attempting to enforce said provisions; 11. +rticle 1&$ of the 3ivil 3ode provides that: )rovinces, cities and municipalities shall be liable for damages for the death of, or in'uries suffered by, any person by reason of defective conditions of road, streets, bridges, public buildings, and other public wor.s under their control or supervision. !etitione"#s (Teotico) a"$%&ents: 1. He was prevented from engaging in his customary occupation for 7 days. +s a result, he has lost income of )1777.77 /)%7.77 daily0. . He was sub'ected to humiliation and ridicule by his business associates and friends. -. <hile he was being treated, he was under constant fear and an=iety for the welfare of his minor children because he was their sole support.

1. He had to pay a private practitioner )1177.77 to treat him for his allergic reaction to the anti4tetanus shots from )GH. %. *ecause of the filing of this case, he is obligated to pay his counsel ) 777.77. 'es(on)ent#s (City of Manila) a"$%&ents: *t t+e level of t+e CF, an) C* 1. 6t has always been the policy of the 8torm >rain 8ection /under the !ffice of the 3ity Engineer of ,anila0 that whenever any reports are received of the loss of manhole covers, the manholes are immediately attended to either by replacing the cover or by covering the manhole with steel matting. . !ral and documentary evidence that the 8torm >rain 8ection, !ffice of the 3ity Engineer of ,anila, received a report of the uncovered condition of the manhole Teotico fell into on "anuary 1, 1$%&, but that it was covered on the same day. -. +nother report that the iron cover of the same manhole was missing on "anuary -7, 1$%&, but that the cover was replaced the ne=t day. 1. The 8torm >rain 8ection never received a report that the manhole was uncovered from "anuary % to "anuary $ /recall that Teotico fell into the manhole on "anuary #0. %. 8tealing of iron manhole covers was rampant because of the scrap iron business, which was lucrative at the time. 2. The !ffice of the 3ity Engineer had already filed complaints in court regarding the rampant theft of the covers #. 6n order to prevent the theft, the 3ity has changed the position and layout of ,anila?s manholes by constructing them under the sidewal.s, covered by concrete cement covers, with openings on the side of the gutter. a. These changes were being underta.en by the city whenever funds were available. *t t+e level of t+e -%("e&e Co%"t &. 8ection 1 of the ,anila 3ity 3harter should prevail over the 3ivil 3ode because the former is a special law intended e=clusively for ,anila, while the 3ivil 3ode is a general law applicable to the entire )hilippines. $. The 3ity cannot be held liable to Teotico for damages because a. The accident occurred in a national highway b. 6t was not negligent ,ss%e.s: /+ic+ la0 a((lies to t+e case1 -ection 2 of t+e Manila City C+a"te"1 o" *"ticle 3189 of t+e Civil Co)e4 *"ticle 3189 5el).'atio: *((lica6le La0 1. Territorially spea.ing, the ,anila 3ity 3harter is indeed a special law and the 3ivil 3ode is merely general legislation. . However:

a. 8ection 1 of the 3harter establishes a general rule which regulates the 3ity?s liability for damages or in'ury to persons or property arising from the negligence or failure of city officers to enforce or attempt to enforce the provisions of the 3harter or any other law or ordinance. b. +rticle 1&$ of the 3ivil 3ode is a particular prescription ma.ing provinces, cities and municipalities liable for damages for the death or in'ury of persons due to the defective condition of public wor.s under their control or supervision. -. Thus, in this case, 8ection 1 of the 3harter is a general rule despite being technically classed as a special law, while +rticle 1&$ of the 3ivil 3ode is the e=ception despite being technically classed as a general law. 8ince the cause of action of this case is based on the defective condition of a road, the e=ception espoused by +rticle 1&$ must apply. 'e: national +i$+0ay an) lac7 of ne$li$ence 1. That the accident occurred on a national highway or that the 3ity was not negligent are both @uestions of facts not made in the +nswer of the 3ity. 6t was made for the first time in its motion to reconsider the 3+?s decision. Auestions of fact cannot be set up for the first time on appeal, much less on motion for reconsideration. . Teotico alleged in his complaint /both original and amended0 that his in'uries were due to the defective condition of a street under the supervision and control of the 3ity. a. 6n its +nswer, the 3ity alleged that Bthe streets aforementioned were and have been constantly .ept in good condition and regularly inspected and the storm drains and manholes thereof covered by the defendant 3ity and the officers concernedB who Bhave been ever vigilant and zealous in the performance of their respective functions and duties as imposed upon them by law,; i&(lie)ly a)&ittin$ t+at it in)ee) +a) !8 9%"$os aven%e %n)e" its cont"ol an) s%(e"vision8 -. Under +rticle 1&$, it is not necessary that the defective roads or streets belong to the province, city or municipality for liability to attach. <hat the +rticle only re@uires is control or supervision. 1. +rticle 1&$ of the 3ivil 3ode is further supported by 8ection 1&= of the ,anila 3ity 3harter, which, inter alia, says that the 3ity has the legislative power and responsibility to provide suitable protection against in'ury to persons or property, and that it must construct and repair ditches, drains, sewers, and culverts. a. 8ection 1&= has not been withdrawn nor restricted by 9+ $1# or E! 11-, both of which the 3ity relies upon. b. 9+ $1# governs the disposition or appropriation of highway funds and giving of aid to provinces, chartered cities and municipalities in the construction of roads and streets within their respective boundaries. c. E! 11- implements the provisions of 9+ $1# and provides that the construction, maintenance and improvement of roads shall be done by Highway >istrict Engineers and Highway 3ity Engineers under the supervision of the 3ommissioner of )ublic Highways >igested by: >iane +gustin