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Facts:

Sabas Torralba was employed as a truck driver of the provincial


government of Ilocos Norte. While driving his truck, he ran over Proceto
Palafox, resulting to the latters death. Sabas was prosecuted for homicide
through reckless imprudence to which he pleaded guilty. The heirs of
Palafox instituted a civil case against him and the Province.

Issue:

Can the Province of Ilocos Norte be held liable for the death of Palafox?

Held:

NO. The general rule is that local government units are not liable for
negligent acts of its employees while they are performing governmental
functions or duties. In this case, the driver was involved in the construction
or maintenance of roads which was a governmental duty. Therefore, the
province cannot be held liable for his negligent act. However tragic and
deplorable it may be, the death of Palafox imposed on the province no duty
to pay monetary consideration. (Palafox vs. Province of Ilocos Norte, 102
Phil 1186)

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