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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)