E Merritt vs Government

GR L-11154
March 21 1916
Facts:
1) Merritt was riding a motorcycle when an ambulance of the General Hospital
suddenly turned to his lane causing an accident.
2) He had fractures in the skull, broken keg and several other injuries.
3) The lower court found that the accident was solely due to the negligence of the
chauffer.
Issue:
Can the Government be legally liable for the negligence of the driver?
Held:
No. The principle laid down in Article 1903 where a state is held liable for the act of its agent is
limited to that of special agents with definite order or commission to perform some act or
charged with some definite purpose. Officers of admin and technical office in not within the
purview of the law.
Palisoc vs Brillantes et al.
GR L-29025
October 4, 1971
Facts:
1)
2)
3)
4)

Dominador Palisoc is a sixteen year old student of Manila Technical Institute.

During recess, a fight broke between him and Virgilio Daffon.
Dominador died because of the fist blows he received.
The parents instituted a complaint for damages against Virgilio, the owner, president
and teacher of Dominador.
5) The lower court rejected the claim that the school officials should be held liable, only
virgilio was set to pay the damages.
Issue:
Can the school officials be held liable?
Held:
Yes, so long as the student remain in their custody means the protective and supervisory
custody of the school and its heads and teachers over the students as long as they are inside
the school. The defendants did not go forward to prove that they were diligent in performing
their duties. They were held jointly and severally liable with Virgilio.