GUILLERGAN v. GANZON (25 MAY 1966, CONCEPCION, J.

) Substantial Issue WON the City of Iloilo can be held jointly liable with the other respondents for the back salaries of petitioners Respondent SC

The City cannot be held liable Held: YES upon the ground that Ratio: municipal corporations enjoy Firstly, The Charter of Iloilo the same immunity as the City (Sec. 3), expressly state in the administration of provides that the City of Iloilo strictly governmental may sue and be sued. functions, unless expressly Secondly, the operation of a made liable by statute, and market, in the cleaning of that pursuant to Section 4 of which petitioners herein are the Charter of Iloilo City engaged, is not strictly a (Commonwealth Act No. 158, governmental function. as amended): Thirdly, it has been held in a number of cases that The City shall not be liable for municipal corporations may damages or injuries to persons or be held liable for the back property arising from the failure of the Municipal Board, or any City Officer, to pay or wages of employees enforce the provisions of this Charter, or laborers illegally separated or any other law or ordinance, or from from the service, including negligence on their part while carrying out or enforcing said provisions. those involving primarily governmental functions, such as those of policemen

-MIGS