Petitioner
Jose E. Genson
Respondent
Sps. Eduardo Adarle
Citation
G.R. No. 73928
Court
Supreme Court
Division
Third Division
Ponente
Gutierrez, Jr., J.
Decided
August 31, 1987

Summary

Eduardo Adarle sued Highway District Engineer Jose Genson and others for damages after being permanently paralyzed when a government payloader bucket fell on him during scrap iron removal work. The accident occurred on a Saturday in 1979 while Adarle was working for Arturo Arbatin, who had purchased government junk. The trial court and Intermediate Appellate Court held Genson liable, finding he negligently allowed unauthorized weekend work with government equipment. However, the Supreme Court reversed, ruling that Genson's liability could not be established without evidence of his presence, authorization, or gross negligence. The Court found the payloader operator was likely moonlighting privately, and no master-servant relationship existed. The case clarifies the limits of supervisory liability for government officials when subordinates engage in private work arrangements using government property on non-working days.

Statutes applied

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By the Intellegal Editorial Board · August 31, 1987

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