Palafox vs Province of Ilocos Norte

Post under Local Government , Political Law Case Digests , Quasi-delict , Torts

Facts:
Sabas Torralba was employed as the driver of Ilocos Norte and detailed to the Office of the District
Engineer. While driving his truck, Sabas 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, the Province, the District Engineer and the Provincial
Treasurer.
Issue:
Whether or not the Province of Ilocos Norte can be held liable.
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 v. Province of Ilocos Norte, 102 Phil
1186)

Facts:Sabas Torralba was employed as the driver of Ilocos Norte and detailed to the Office of the District
Engineer. While driving his truck, Sabas ran over Proceto Palafox resulting to the latter’sdeath. Sabas was
prosecuted for homicide through reckless imprudence to which he pleaded guilty. The heirs of Palafox
instituted a civil case against him, the Province, the District Engineerand the Provincial Treasurer.

Issue: Whether or not the Province of Ilocos Norte can be held liable.

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 v. Province of Ilocos Norte, 102 Phil
1186)Sanders v. Veridiano Sanders v. VeridanoGR No. L-46930; June 10, 1988FACTS:Petitioner Dale
Sanders was the special services of the US Naval Station (NAVSTA) in Olongapo city. Private respondents
Anthony Rossi and Ralph Wyers are American citizens permanently residing in the Philippines and who
were employed as gameroom attendants in thespecial services department of NAVSTA. On October 3,
1975, the respondents were advised that their employment had been converted from permanent full-time
to permanent part-time. In aletter addressed to petitioner Moreau, Sanders disagreed with the hearing
officer’s report of the reinstatement of private respondents to permanent full-time status plus backwages.
Respondents allege that the letters contained libellous imputations which caused them to be ridiculed
and thus filed for damages against petitioners.ISSUE:1) Were the petitioners acting officially or only in
their private capacities when they did the actsfor which the private respondents sued them for
damages?2) Does the court have jurisdiction over the case?HELD: It is abundantly clear in the present
case that the acts for which the petitioner are being called to account were performed by them in the
discharge of their official duties. Given the official character of the letters, the petioners were, legally
speaking, being sued as officers of the United States government. As such, the complaint cannot prosper
unless the government sought to be held ultimately liable has given its consent to be sued. The private
respondents