- Petitioner
- Bernardino Jimenez
- Respondent
- City of Manila
- Citation
- G.R. No. 71049
- Court
- Supreme Court
- Division
- Second Division
- Ponente
- Paras, J.
- Decided
- May 29, 1987
Summary
Bernardino Jimenez sued City of Manila and Asiatic Integrated Corporation for damages after being injured by a rusty nail in an uncovered drainage opening at Sta. Ana public market during flooding in 1974. The trial court dismissed his complaint, but the Intermediate Appellate Court held only Asiatic liable. The Supreme Court modified this decision, ruling that both defendants are solidarily liable under Article 2189 of the Civil Code, which makes municipalities liable for injuries from defective public works under their control or supervision. Despite the management contract with Asiatic, the City retained control and supervision over the market through its market master and approval requirements. Both parties were found to be joint tort-feasors, making them solidarily liable for P32,121.90 in total damages including medical expenses, lost income, moral damages, and attorney's fees.
Intellegal Wiki · Key Holding
A city is liable under Article 2189 for injuries arising from defective public works over which it retains control (here, a public market), and is solidarily liable with the operator as a joint tort-feasor under Article 2194.
An editorially maintained summary of the rule this Supreme Court decision is cited for — not legal advice.