liability for damages notes.docx

7/17/2019 liability for damages notes.docx

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DIFFERENCE BETWEEN AN ORDINANCE AND

RESOLUTION

ORDINANCE RESOLUTION

It has the force and effect of law It is merely an expression of the sentiment of the

local legislative body

It prescribes a permanent rule of conduct of

government

An order of the council of a special and temporary

It takes effect after three (3) readings It takes effect after two (2) readings only

LIABILITY FOR DAMAGES

NCC, Article 34. When a member of a city or municipal policeforce refuses or fails to render aid or protection to any person in case

of danger to life or property such peace officer shall be primarily

liable for damages and the city or municipality shall be subsidiarily

liable therefor! "he civil action herein recogni#ed shall be

independent of any criminal proceedings and a preponderance of

evidence shall suffice to support such action!

$IA%I$I"& ' *+'+,"I-+ ./%$I, W01

NCC, Article 21!. .rovince cities and municipalities shall beliable for damages for the death of or inuries 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!

ere it is not necessary for the liability therein established to attach

that the defective roads or streets belong to the province city or

municipality from which responsibility is exacted!

What it re4uires is that they have either 5control or supervision6 over

said street or road!

"he law re4uires 5control or supervision6 only for liability to arise

regardless of 5ownership6!

$IA%I$I"& ' ""1 (7uasi8*elict)

RA "1#$, Secti%& 24. Liability for Damages. 8 $ocal government

units and their officials are not exempt from liability for death or

inury to persons or damage to property

1upreme ,ourt decisions interpreting legal provisions existing prior to the effectivity of the $9, of :;;: had dichotomi#ed the rule on

this matter! It had been ruled that if the $9/ is engaged in

governmental functions it is not liable for such damages but if it is

engaged in proprietary functions the local government unit is liable!

$IA%I$I"& ' ,<"A,"

"he powers of a municipality are twofold in character public

governmental or political on the one hand and corporate private

or proprietary on the other! G%'er&(e&t)l *%+er are those

exercised by the corporation in administering the powers of the

state and promoting the public welfare and they include the

legislative udicial public and political! M-&ici*)l *%+er on

the other hand are exercised for the special benefit and advantage

of the community and include those which are ministerial private

and corporate!



5A municipal corporation proper has= a *-lic c/)r)cter as

regards the state at large insofar as its agent in government and

*ri')te insofar as it is to promote local necessities and

conveniences for its own community!

"hus in Torio vs. Fontanilla, the ,ourt declared that with respect

to proprietary functions the settled rule is that a municipal

corporation can be held liable to third persons ex contractu!

A! *,"I<+ ' I>.$I+* >/<I,I.A$ $IA%I$I"&

8 /nder this doctrine a municipality may become obligated

upon an implied contract to pay the reasonable value of

the benefits accepted or appropriated by it as to which ithas the general power to contract!

8 It has been said to apply to all cases where money or other

property of a party is received under such circumstances

that the general law independent of express contract

implies an obligation upon the municipality to do ustice

with respect to the same!

8 "his principle of liability rests upon the theory that the

obligation implied by law to pay does not originate in the

unlawful contract but arises from considerations outside it!

%! *,"I<+ ' +1"..+$

8 It cannot be applied against a municipal corporation in order

to validate a contract which the municipal corporation has no

power to make or which it is authori#ed only to make under

prescribed limitations or in a prescribed mode or manner8

even if the municipal corporation has accepted benefits

thereunder!

8 +A1<? to apply the doctrine of estoppel against amunicipality in such a case would be to enable it to do

indirectly what it cannot do directly

$IA%I$I"& ' I$$+9A$ *I1>I11A$ ' +>.$&++1

8 An illegally dismissed government employee who is later

ordered reinstated is entitled to backwages and other

monetary benefits from the time of his illegal dismissal up tohis reinstatement!

8 "hey are considered as not having left his office and should

be given the corresponding compensation at the time of his

reinstatement!

I. Municipal Liability

II. Enforcement of Monetary Judgment

0 ne of the available remedies of a person who has obtained

a favorable monetary udgment from the court in a case filed

against a local government unit is t% le' %& t/e

*)tri(%&i)l *r%*ertie % t/e l%c)l %'er&(e&t -&it.

0 %ut if the $9/ does not have patrimonial properties the

remedy of the udgment creditor is t% ile *etiti%& %r



()&)(- t% c%(*el it t% )**r%*ri)te (%&e t% )ti

t/e 5-(e&t.

0 As his other option /e c)& ile t/e (%&e cl)i( +it/ t/e

C%((ii%& %& A-it 6COA7.

0 %ut money of $9/ in the bank cannot be garnished if it

came from public funds! .ublic funds are exempted from

garnishment!

III. Personal Liability of fficials

!"he e&er)l r-le is that public officials can be held

personally accountable for acts claimed to have been

performed in connection with official duties where theyhave acted ultra vires or where there is a showing of bad

faith!

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liability for damages notes.docx