MERRITT vs. GOVERNMENT
G.R.
No. L-11154, March 21, 1916
Facts:
Merritt was riding on
a motorcycle towards the western part of Calle Padre Faura at a speed of ten to
twelve miles an hour. Upon crossing Taft Avenue and when he was ten feet from
the southwestern intersection of said streets, the General Hospital ambulance,
upon reaching said avenue, instead of turning toward the south, after passing the
center thereof, so that it would be on the left side of said avenue, as is
prescribed by the ordinance and the Motor Vehicle Act, turned suddenly and
unexpectedly and long before reaching the center of the street, into the right
side of Taft Avenue, without having sounded any whistle or horn, by which
movement it struck Merritt, who was already six feet from the southwestern
point or from the post place there. As a result, Merritt was so severely
injured. By authority of the United States, Act 2457 was enacted, authorizing
the Merritt to bring suit against the Government of the Philippine Islands and
authorizing Attorney-General of said Islands to appear in said court.
Issue:
Whether or not the
Government is legally liable
Held:
Government is not
liable. Paragraph 5 of article 1903 of the Civil Code reads:
The state is liable
in this sense when it acts through a special agent, but not when the damage
should have been caused by the official to whom properly it pertained to do the
act performed, in which case the provisions of the preceding article shall be
applicable.
It is, therefore,
evidence that the State (the Government of the Philippine Islands) is only
liable for the acts of its agents, officers and employees when they act as
special agents within the meaning of paragraph 5 of article 1903, supra, and
that the chauffeur of the ambulance of the General Hospital was not such an
agent.
● While consent to be
sued was granted through a special law, the government was not held liable for
damages, because under the attendant circumstances the government was not
acting through a special agent.
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