Digested by: Mark Ceazar

Subject: Torts and Damages

Title: Dingcong v. kanaan
Topic: VII. Stict Liability Torts – b. head of family

Facts:

Loreto Dingcong and Jose Dingcong were lessees of the upper storey of a building which they
used as a hotel. The lower floor of the same house was also leased by Kanaan and used by him as
a store for general merchandise. Room No. 10 of Dingcong’s hotel was leased to Francisco
Echevarria. Because the water pipes were under repair, Dingcong provided Echevarria’s room
with an ordinary basin which was placed under the faucet. In the night of September 19, 1933,
when Echevarria retired to sleep, he inadvertently left the faucet open with the water falling on
the basin. After the basin became filled, the water fell, seeped through the floor, and damaged the
merchandise of Kanaan. This action was brought by Kanaan to recover damages from Dingcong
and Echevarria. The lower court condemned Echevarria but absolved Dingcong. On appeal, the
Court of Appeals reversed the lower court’s decision and held Dingcong also liable. Dingcong
appealed to the Supreme Court.

Held:
Jose Dingcong being co-lessee and manger of the hotel and in complete possession of the upper
floor, must answer for the damage caused by things that were thrown or fell therefrom (Art.
1910, Civil Code). Echevarria was a guest of the hotel and it was he who by his inadvertence left
the faucet open causing the water to fall into the floor, seep through it and damaged Kanaan’s
goods. Dingcong did not exercise the diligence of a good father of the family in preventing such
damage. Since the water pipes were under repair and since he knew that Echevarria would use
the faucet, he should have provided the faucet with a receptacle with drainage and not content
himself with merely providing an ordinary basin which, upon being filled, will overflow and
seep through the floor. Dingcong was, therefore, held liable.