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32972910 Torts Magic Notes

32972910 Torts Magic Notes

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Published by rodeltalladarivera

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Published by: rodeltalladarivera on Aug 19, 2010
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10/29/2011

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February 1991

FACTS: National Irrigation Administration was created
for the purpose of constructing, improving, rehabilitating
and administering all national irrigation systems of the
Philippines. NIA’s driver caused the death of Fontanilla
due to the fault and/or negligence. His parets fled a suit
for damages.

ISSUE: WON NIA is liable

HELD: YES. NIA’s functions are basically proprietary
and incidentally governmental. RA 3601 and PD 552
provide that NIA is a body corporate invested with a
corporate personality and distinct from the government.
So, it may be sued. At the time, the driver was an
agent. Where a private individual is commissioned to do
a special task, he may be considered a special agent
within the contemplation of the provision.

C L A S S N O T E S

added special agent: aside from special
commission, COMMISSION HAS TO BE FOREIGN
FROM ITS FUNCTIONS (but this was already in the
definition given in Merritt so ewan ko kay sir
kung ano bago dito!)

Art. 2189. Provinces, cities and municipalities shall be
liable for damages for the death of, or injuries suffered
by, any person by reason of the defective condition of
roads, streets, bridges, public buildings, and other
public works under their control or supervision. (n)

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