[No. L-10659.

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 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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