DE ROY, RAMOS V.

COURT OF APPEALS, BERNAL

G.R. No. 80718 January 29, 1988

FACTS:
The firewall of a burned-out building owned by the petitioners collapsed and
destroyed the tailoring shop occupied by the family of private respondents,
resulting in injuries to private respondents and the death of Marissa Bernal, the
daughter. The victims had been warned to leave the vicinity but they refused to do
so.

ISSUE:
Whether or not the petitioners are guilty of gross negligence and are liable
for damages.

RULING:
Yes. The petitioners are guilty of gross negligence and they are liable for
damages. Article 2190 of the Civil Code provides that "the proprietor of a
building or structure is responsible for the damage resulting from its total
or partial collapse, if it should be due to the lack of necessary repairs.