GUILATCO v DAGUPAN
MARCH 21, 1989 | Sarmiento, J.
Summary:
Florentina Guiatco accidentally fell into a manhole located on the
sidewalk of a national road. She filed for recover of damages. Trial
Court found for the petitioners. Respondent, however, argues that
Perez Blvd. is not under the control or supervision of the City, but
rather the Ministry of Public Highways through the Highway Engineer.
SC reversed CA.
Doctrine:
Article 2189, it is not even necessary for the defective road or street
to belong to the province, city or municipality for liability to attach. It
only requires that either control or supervision is exercised over the
defective road or street.
FACTS
- Florentina Guilatco was about to board a motorized tricycle at
a sidewalk at Perez Blvd when she accidentally fell into a
manhole located on the sidewalk. She also incurred expenses
to a total of P10k and experienced several and excruciating
pain on all parts of her body
- Alfred Tangco, city engineer and ex-officio highway engineer
of Dagupan City admitted that there are at least 11 manholes
along Perez Blvd and that such manholes are owned by the
national government
o He claims however that the supervises the
maintenance of the manholes and sees to it that they
are properly covered
- Petitioner filed a civil action for recovery of damages
o Trial Court found for the petitioners
o CA reversed
- Respondent argues that Perez Blvd. is not under control or
supervision of the city but rather the Ministry of Public
Highways through the Highway Engineer, Tangco
ISSUE
W/N control or supervision over a national road by the City of
Dagupan exists, in effect binding the city to answer for damages in
accordance with Article 2189 – YES
RATIO
- In Article 2189, it is not even necessary for the defective road
or street to belong to the province, city or municipality for
liablity to attach
o It only requires that either control or supervision is
exercised over the defective road or street
- The control or supervision of the City is provided for in its
charter and is exercised through the City Engineer who has the
care and custody of the public system of waterworks and
sewers
- The charter provides that the laying out, construction and
improvement of the streets, avenues, alleys, and sidewalks
and the regulation of use thereof may be legislated by the
Municipal Board
- The express provision in the charter holding the City not liable
for damages or injuries sustained by persons or property due
to the failure of any city officer to enforce the provisions of
the charter, cannot be used to exempt the city
o This is only a general rule regulating the liability of the
city
o Article 2189 applies in particular to the liability arising
from defective streets, public buildings and other
public works
- The City can’t be excused from liability by arguing that
Tangco’s duty to supervise or control Perez Blvd belongs more
to his functions as an ex-officio highway engineer than as a
city officer
o His duties are coarsed through two other employees of
the national government who are detailed with the
City of Dagupan
 o They receive instruction and supervision from the City
through the city engineer
- Hence, the liability of the City to Guilatco under Article 2189 is
clear.

RULING
Petition is granted. CA decision is reversed and set aside.