Facts:
Sabas
Torralba was employed as the driver of Ilocos Norte and detailed to the Office
of the District Engineer. While driving his truck, Sabas ran over Proceto
Palafox resulting to the latter’s death. Sabas was prosecuted for homicide
through reckless imprudence to which he pleaded guilty. The heirs of Palafox
instituted a civil case against him, the Province, the District Engineer and the
Provincial Treasurer.
Issue:
Whether
or not the Province of Ilocos Norte can be held liable.
Held:
NO.
The general rule is that local government units are not liable for negligent
acts of its employees while they are performing governmental functions or
duties. In this case, the driver was involved in the construction or
maintenance of roads which was a governmental duty. Therefore, the province
cannot be held liable for his negligent act. However tragic and deplorable it
may be, the death of Palafox imposed on the province no duty to pay monetary
consideration. (
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