The responsibility of the Local Government Unit (LGU) includes provision of basic services such as maintenance of roads, bridges, drainage, sewerage, flood control, traffic signals, road signs and other similar facilities. (Section 17, Local Government Code)
By maintenance means, that the LGU shall see to it that the roads, streets, or other infrastructures are in proper conditions with the end view of securing not only the convenience of the public but principally, their safety.
Whether the construction is being undertaken by a private contractor or other government agencies or instrumentalities, the LGU still has the duty to see to it that engineering works must be done in accordance safety regulations. Again, the end view of the LGU in performing its role is to promote the general welfare.
If the LGU neglects its duty, either wittingly or unwittingly, its officials are liable to damage or injury resulting thereto. Sec. 24 of the Local Government Code of 1991 specifically states that LGU and their officials are not exempt, this wise:
SECTION 24. Liability for Damages. - Local government units and their officials are not exempt from liability for death or injury to persons or damage to property.
In addition to the possible liability for damages, the Civil Code of the Philippines also provides that:
Article 2189. 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. (n)
In the case of City of Manila vs. Teotico, G.R. No. L-23052, January 29, 1968, the Supreme Court held that the City of Manila was held liable for negligence in their duty of providing regular maintenance of roads and other public works.
In the case mentioned, it involves a commuter who was about to board a jeepney, after stepping down from the curb and taking a few steps, accidentally fell inside an uncovered and unlighted catch basin or manhole. Consequently and because of the fall, the commuter’s head hit the rim of the manhole breaking his eyeglasses and the broken pieces of the eyeglasses pierced his left eyelid. He also suffered abrasions and contusions on his left thigh, left upper arm, right leg and upper lip.
As a form of a judgment award, the City of Manila was sentenced to pay damages for the injuries and expenses suffered by the commuter due to the defective condition of the road.
However, to hold the LGU liable for physical injury or property damage, it must be established and proven that the proximate cause of the damage or damages are the defective and unmaintained condition of the road or other public works, and that, the LGU is at fault or at least, negligent. This finds application of the Article 2176 of the Civil Code of the Philippines which provides:
Article 2176. Whoever by act or omission causes damage to another, there being fault or negligence, is obliged to pay for the damage done. Such fault or negligence, if there is no pre-existing contractual relation between the parties, is called a quasi-delict and is governed by the provisions of this Chapter. (1902a)
The LGU shall now be circumspect in its dealings when it involves the general welfare and should actively call the accountability of the national government agencies concerned, or any private contractors lavishly enjoying public funds.
It is high time that we now start the process of accountability. A test case may be.
