Guilatco v.

City of Dagupan

FACTS: Florentina Guilatco was about to board a tricycle at a sidewalk located at Perez
Blvd. (a national road) when she accidentally fell into an open manhole. Her right leg
was fractured, resulting in her hospitalization and continuing difficulty in locomotion.
Because of her accident, Guilatco was unable to go to work, thereby losing her income.
She also lost weight, and she is now no longer her former jovial self since she is unable
to perform her religious, social, and other activities. She filed an action for damages
against the City of Dagupan. The City of Dagupan denied liability on the ground that the
manhole was located on a national road, which was not under the control or supervision
of the City of Dagupan.

ISSUE: Whether the City of Dagupan is liable to Guilatco.

HELD: Yes, the City of Dagupan is liable. For Article 2189 to apply, it is not necessary
for the defective road or street to belong to the province, city or municipality. The article
only requires that either control or supervision is exercised over the defective road or
street. In this case, this control or supervision is provided for in the charter of Dagupan
and is exercised through the City Engineer, whose duties include the care and custody
of the public system of waterworks and sewers. The charter of Dagupan provides that
the laying out, construction, and improvement of streets, avenues, and alleys and
sidewalks and the regulation of the use thereof may be legislated by the Municipal
Board. Thus, the charter clearly indicates that the city indeed has supervision and
control over the sidewalk where the open drainage hole is located.