liability for damages notes.docx
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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!
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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
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()&)(- 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!