7/15/2018 PHILIPPINE REPORTS ANNOTATED VOLUME 102

[No. L­10659. January 31, 1958]

LEONARDO PALAFOX, ET AL., plaintiffs and appellants,

vs. PROVINCE OF ILOCOS NORTE, THE DISTRICT
ENGINEER, AND THE PROVINCIAL TREASURER,
defendants and appellees.

Appeal from a decision of the Court of First Instance of

Ilocos Norte quashing the case filed by appellants against def
endants, except as far as Sabas Torralba, was concerned. It
appears that Sabas Torralba was employed as driver of the
Provincial Government of Ilocos Norte detailed to the office of
the District Engineer. On September 30, 1948, while driving
his freight truck in compliance with his duties, he ran over
Proceto Palafox, father of appellants, and the victim died as a
result. Prosecuted for homicide through reckless imprudence,
Sabas Torralba pleaded guilty and was accordingly sentenced.
Having reserved their right to file a civil action, the heirs later
began these proceeding against the employer province, the
District Engineer, the Provincial Treasurer and Sabas
Torralba. To attach liability to the State for the negligence of
Sabas Torralba a declaration must be made that he was "a
special agent,"—and not one upon whom properly devolved the
duty of driving the truck on that occasion. This is under Article

1187

1903 of the Civil Code; but this ruling may not be made, because
the driver was not a special agent of the Government within the
scope of said article. (Merrit vs. Government of the Philippines, 34
Phil., 311.) And the principle applies only to the Insular, as
distinguished from the provincial or municipal governments.
Appellants invoke the doctrine of respondent superior as
illustrated in the case of Mendoza vs. De Leon, 33 Phil., 508,
concerning liability of municipal corporations for negligent acts of
their employees. It will be seen from that decision that if the
negligent employee was engaged in the performance of
governmental duties, as distinguished from corporate or

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7/15/2018 PHILIPPINE REPORTS ANNOTATED VOLUME 102

proprietary or business functions—the government is not liable.

The construction or maintenance of roads in which the truck and
the driver worked at the time of the accident are admittedly
governmental activities. Hence, the death of Palafox—tragic and
deplorable though it may be—imposed on the province no duty to
pay monetary compensation.

Judgment affirmed, with. costs against appellants.

Bengzon. J., ponente,

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