Slide 1

CITY OF MANILA VS. TEOTICOGR L-23052 January 29,1968

On Jan 27, 1958 at about 8pm Genaro N. Teotico was at the corner of the old Luneta and P. Burgos avenue, Manila, within unloading and loading zone waiting for a jeepney to take him downtown.

P. BURGOS, AVE.

After waiting for about 5 minutes he managed to hail a jeepney that came along to stop.

As he stepped down from the curb to board the jeepney, and took a few steps, he fell inside an uncovered and unlighted catch basin or manhole on P. Burgoz avenue.

Due to the fail, his head hit the rim of the manhole breaking his eyeglasses and causing broking pieces thereof to pierce his left eyelid. As blood flowed there from, impairing his vision, several persons came to his assistance and pulled him out of the manhole.

Custom animation effects: picture triptych, slide 4, right picture to front center(Intermediate)

Tip: For the effects on this slide, use pictures with a portrait (vertical) orientation. For best results, use this slide in combination with the previous slide in this PowerPoint template. You will need to use drawing guides to reproduce the effects in this slide.

To reproduce the picture effects on this slide, do the following:On the Home tab, in the Slides group, click Layout, and then click Blank.On the Insert tab, in the Illustrations group, click Picture. In the Insert Picture dialog box, select a picture, and then click Insert. Select the picture. Under Picture Tools, on the Format tab, in the bottom right corner of the Size group, click the Size and Position dialog box launcher. In the Size and Position dialog box, on the Size tab, resize or crop the picture as needed so that under Size and rotate, the Height box is set to 3.5 and the Width box is set to 2.35. Resize the picture under Size and rotate by entering values into the Height and Width boxes. Crop the picture under Crop from by entering values into the Left, Right, Top, and Bottom boxes. On the Home tab, in the Drawing group, click Arrange, point to Align, and then do the following:Click Align to Slide.Click Align Center.On the Home tab, in the bottom right corner of the Drawing group, click the Format Picture dialog box launcher. In the Format Picture dialog box, click Line Color in the left pane. In the Line Color pane, select Solid line, click the button next to Color, and then under Theme Colors click Black, Text 1, Lighter 25% (fourth row, second option from the left). Also in the Format Picture dialog box, click Line Style in the left pane, and then in the Line Style pane, in the Width box, enter 8 pt.Also in the Format Picture dialog box, click Shadow in the left pane. In the Shadow pane, click the button next to Presets, and then under Perspective, click Perspective Diagonal Upper Right (first row, second option from the left).Also in the Format Picture dialog box, click 3-D Format in the left pane, and then do the following in the 3-D Format tab:Under Bevel, click the button next to Top, and then under Bevel click Relaxed Inset (first row, second option from the left). Next to Top, in the Width box, enter 8 pt, and in the Height box, enter 6 pt. Under Depth, click the button next to Color, and then under Theme Colors click Black, Text 1, Lighter 25% (fourth row, second option from the left). In the Depth box, enter 12 pt. Under Surface, click the button next to Material, and then under Standard click Warm Matte (second option from the left). On the Home tab, in the Clipboard group, click the arrow under Paste, and then click Duplicate. Drag the duplicate picture to the right on the slide. Right-click the duplicate picture, and click Change Picture. In the Insert Picture dialog box, select a picture and click Insert.Select the first picture. On the Home tab, in the Clipboard group, click the arrow under Paste, and then click Duplicate. Drag the duplicate picture to the left on the slide. Right-click the duplicate picture, and click Change Picture. In the Insert Picture dialog box, select a picture and click Insert.Select the picture on the left side of the slide. On the Home tab, in the bottom right corner of the Drawing group, click the Format Picture dialog box launcher. In the Format Picture dialog box, click 3-D Rotation in the left pane. In the 3-D Rotation pane, click the button next to Presets, and then under Perspective, click Perspective Heroic Extreme Right (third row, third option from the left).Under Picture Tools, on the Format tab, in the bottom right corner of the Size group, click the Size and Position dialog box launcher. In the Size and Position dialog box, on the Size tab, resize or crop the picture as needed so that under Size and rotate, the Height box is set to 3.8 and the Width box is set to 2.53. Resize the picture under Size and rotate by entering values into the Height and Width boxes. Crop the picture under Crop from by entering values into the Left, Right, Top, and Bottom boxes. Select the picture on the right side of the slide. On the Home tab, in the bottom right corner of the Drawing group, click the Format Picture dialog box launcher. In the Format Picture dialog box, click 3-D Rotation in the left pane. In the 3-D Rotation pane, click the button next to Presets, and then under Perspective, click Perspective Heroic Extreme Left (third row, second option from the left).Under Picture Tools, on the Format tab, in the bottom right corner of the Size group, click the Size and Position dialog box launcher. In the Size and Position dialog box, on the Size tab, resize or crop the picture as needed so that under Size and rotate, the Height box is set to 4.17 and the Width box is set to 2.78. Resize the picture under Size and rotate by entering values into the Height and Width boxes. Crop the picture under Crop from by entering values into the Left, Right, Top, and Bottom boxes. Select the picture on the right side of the slide. On the Home tab, in the Clipboard group, click Paste, and then click Duplicate.Select the duplicate picture. On the Home tab, Drawing group, click Arrange, point to Align, and then do the following:Click Align to Slide.Click Align Center.Click Align Middle.Under Picture Tools, on the Format tab, in the bottom right corner of the Size group, click the Size and Position dialog box launcher. In the Size and Position dialog box, on the Size tab, under Size and rotate, do the following:In the Height box, enter 5.83. In the Width box, enter 3.89.Under Picture Tools, on the Format tab, in the Picture Styles group, click Picture Effects, point to 3-D Rotation, and then click No Rotation.

To reproduce the animation effects on this slide, do the following:Right-click the slide background, and then click Grid and Guides. In the Grid and Guides dialog box, under Guide settings, select Display drawing guides on screen. (Note: One horizontal and one vertical guide will display on the slide at 0.00.)On the Animations tab, in the Animations group, click Custom Animation.Select the picture on the right side of the slide. In the Custom Animation task pane, do the following: Click Add Effect, point to Emphasis, and then click More Effects. In the Add Emphasis Effect dialog box, under Basic, click Grow/Shrink, and then click OK. Under Modify: Grow/Shrink, do the following: In the Start list, select With Previous. In the Size list, in the Custom box, enter 133%, and then press ENTER. In the Speed list, select Fast.Click Add Effect, point to Motion Paths, and then click Left. Under Modify: Left, do the following:In the Start list, select With Previous. In the Speed list, select Fast.On the slide, select the Left motion path. Point to the endpoint (red arrow) of the selected motion path until the cursor becomes a two-headed arrow. Drag the endpoint to the intersection of the horizontal and vertical drawing guides at the center of the slide. Select the picture on the right side of the slide. In the Custom Animation task pane, do the following:Click Add Effect, point to Entrance, and then click More Effects. In the Add Entrance Effect dialog box, under Subtle, click Fade, and then click OK. Under Modify: Fade, do the following:In the Start list, select With Previous.In the Speed list, select Fast. Click Add Effect, point to Motion Paths, and then click Left. Under Modify: Left, do the following:In the Start list, select With Previous. In the Speed list, select Fast.Select the large duplicate picture in the front center of the slide. In the Custom Animation task pane, do the following:Click Add Effect, point to Entrance, and then click More Effects. In the Add Entrance Effect dialog box, under Subtle, click Fade, and then click OK. Under Modify: Fade, do the following: In the Start list, select With Previous.In the Speed list, select Fast. Click Add Effect, point to Motion Paths, and then click Left. Under Modify: Left, do the following:In the Start list, select With Previous. In the Speed list, select Medium.Also in the Custom Animation task pane, select the fifth animation effect (second left motion path), and then do the following on the slide:Point to the starting point (green arrow) of the selected motion path until the cursor becomes a two-headed arrow. Drag the starting point to the same position as the starting point for the first motion path. Point to the endpoint (red arrow) of the selected motion path until the cursor becomes a two-headed arrow. Drag the endpoint to the same position as the endpoint for the first motion path. Right-click the slide background, and then click Grid and Guides. In the Grid and Guides dialog box, under Guide settings, clear Display drawing guides on screen.

To reproduce the background effects on this slide, do the following:Right-click the slide background area, and then click Format Background. In the Format Background dialog box, click Fill in the left pane, select Gradient fill in the Fill pane, and then do the following:In the Type list, select Linear.Click the button next to Direction, and then click Linear Down (first row, second option from the left). Under Gradient stops, click Add or Remove until four stops appear in the drop-down list.Also under Gradient stops, customize the gradient stops as follows:Select Stop 1 from the list, and then do the following:In the Stop position box, enter 0%.Click the button next to Color, and then under Theme Colors click Black, Text 1, Lighter 5% (sixth row, second option from the left).Select Stop 2 from the list, and then do the following: In the Stop position box, enter 24%.Click the button next to Color, click More Colors, and then in the Colors dialog box, on the Custom tab, enter values for Red: 125, Green: 121, and Blue: 107.Select Stop 3 from the list, and then do the following: In the Stop position box, enter 35%.Click the button next to Color, click More Colors, and then in the Colors dialog box, on the Custom tab, enter values for Red: 125, Green: 121, Blue: 107.Select Stop 4 from the list, and then do the following: In the Stop position box, enter 90%.Click the button next to Color, and then under Theme Colors click Black, Text 1, Lighter 5% (sixth row, second option from the left).

As a consequence of the foregoing concurrence, teotico filed a complaint which was subsequently, amended. For damages against the City of Manila, its Mayor, City Engineer, City Health officer, City Treasurer and Chief of Police

VS.The Engineer believes that the subject matter of the uncovered basin was because of the lucrative scrap iron business was prevailing, stealing of iron catch basin was rampant. Again, on January 30, the iron cover of the same catch basin was again reported missing out the said cover was replaced the next day.

In addition, they claimed that they never received a report between January 25-29, 1968, because the accident of Teotico was occurred on January 25 which is the office of engineer didnt receive any report on that day. The office of the city engineer of manila contends that before the accident happen 3 days before the incident, they received the same report that the basin was uncovered to the same manhole that the plaintiff was referring to.

However, the basin was covered on the same day.Contention of Engineer of Manila1Record Reports2The Stealing of Iron catch basin3

For reproduction steps for this slide, refer to the PowerPoint template titled Combined picture and text effects for PowerPoint slides (ANI_TEXT.potx), slide number 8.After appropriate proceedings, the theory of defendants were sustained and the court dismissed the amended complaint.However, the city of manila further contend that they shall also not be liable for the injuries occurred by teotico since the city of manila is governed by Section 4 of RA 409 (Charter of the City of Manila)Section 4.Liability for damages. To city shall not be liable or held for damages or injuries to persons or property arising from the failure of the Mayor, the Municipal Board, or any other city officer, to enforce the provisions of this chapter, or any other law or ordinance, or from negligence of said Mayor, Municipal Board, or other officers while enforcing or attempting to enforce said provision.The city of Manila believes that Article 2189 of the civil code of the Philippines is not applicable in this case, which provides:Provinces, cities and municipalities shall be liable for damages for the death of, or injuries suffered by, any person by reason of the defective condition of roads, streets, bridges, public buildings, and other public works under their control or supervision

Manila maintains that the former provision should prevail over the latter, because RA 409 is a special law, Intended exclusively for the City of Manila, where areas the civil code is a general law, applicable to the entire Philippines.

Issue:

1) Whether or not the present case is governed by sec 4 of RA 409 or by Art 2189 of the civil code

2) Whether or not the City of Manila have control or supervision over P. Burgos Ave making it responsible for the damages suffered by Teotico.Held:

1) The Court of appeals applied the civil code. It is true that RA 409 is a special law and the Civil code is a general legislation. But said sec 4 of RA 409 refers to liability arising from negligence, while art 2189 of the civil code governs liability due to defective streets. At any rate, under Art 2189 of the Civil code, it is not necessary for the liability therein established to attach that the defective roads or streets belongs to province, city or municipality from which responsibility is exacted. What merely requires is that Control or Supervision over said street or road.

2) Yes, Teotico alleged in his complaint his injuries were due to the defective condition of a street which is under the supervision and control of the City.

In its answer to the amended complaint, the City, in turn, alleged thatthe streets aforementioned were and have been constantly kept in good condition and regularly inspected and the storm drains and manholes thereof covered by the defendant City and the officers concerned who have been ever vigilant and zealous in the performance of their respective functions and duties as imposed upon them by law.Thus, the City had, in effect,admittedthat P. Burgos Avenue was and is underitscontrol and supervision.