Merritt vs Government of the Philippine Islands, G.R. No. L-11154, March 21 1916, 34 Phil.

311
FACTS: Merrit was riding a motorcycle along Padre Faura Street when he was bumped by the ambulance of the General
Hospital. Merrit sustained severe injuries rendering him unable to return to work. The legislature later enacted Act 2457
authorizing Merritt to file a suit against the Government in order to fix the responsibility for the collision between his
motorcycle and the ambulance of the General Hospital, and to determine the amount of the damages, if any, to which he
is entitled. After trial, the lower court held that the collision was due to the negligence of the driver of the ambulance. It
then determined the amount of damages and ordered the government to pay the same.

ISSUES:
1. Did the Government, in enacting the Act 2457, simply waive its immunity from suit or did it also concede its liability to
the plaintiff?

2. Is the Government liable for the negligent act of the driver of the ambulance?

HELD:
1. By consenting to be sued a state simply waives its immunity from suit. It does not thereby concede its liability to
plaintiff, or create any cause of action in his favor, or extend its liability to any cause not previously recognized. It merely
gives a remedy to enforce a preexisting liability and submits itself to the jurisdiction of the court, subject to its right to
interpose any lawful defense.

2. Under the Civil Code, the state is liable when it acts through a special agent, but not when the damage should have
been caused by the official to whom properly it pertained to do the act performed. A special agent is one who receives a
definite and fixed order or commission, foreign to the exercise of the duties of his office if he is a special official. This
concept does not apply to any executive agent who is an employee of the acting administration and who on his own
responsibility performs the functions which are inherent in and naturally pertain to his office and which are regulated by
law and the regulations. The driver of the ambulance of the General Hospital was not a special agent; thus the
Government is not liable. )

NOTE:

■ The State is responsible in like manner when it acts through a special agent; but not when the damage has been
caused by the official to whom the task done properly pertains. (Art. 2180 par. 6, Civil Code)

■ The state is not responsible for the damages suffered by private individuals in consequence of acts performed by its
employees in the discharge of the functions pertaining to their office, because neither fault nor even negligence can be
presumed on the part of the state in the organization of branches of public service and in the appointment of its
agents. (Merritt vs. Government of the Philippine Islands)

■ The State is not liable for the torts committed by its officers or agents whom it employs, except when expressly made so
by legislative enactment. The government does not undertake to guarantee to any person the fidelity of the officers or
agents whom it employs since that would involve it in all its operations in endless embarrassments, difficulties and losses,
which would be subversive of the public interest. (Merritt vs. Government of the Philippine Islands)

PALAFOX v PROVINCE OF ILOCOS NORTE

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 latter’s 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)