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urgos vs. Chief

Burgos vs. of Staff G.R. No.

L-64261, December 26,

Chief of Staff 1984, 133 SCRA 800
FACTS: On December 7,
August 17, 2019
1982, respondent judge

issued two [2] search

warrants to …

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 Municipality
of San
Fernando vs.
Judge Firme

July 10, 2013

M
unicipality of San Fernando vs.

Judge Firme
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 Labels
G No L-52179, April 8 1991, 195 SCRA 692 

195 SCRA 692

FACTS:
April 8 1991

case digest
constitutional law
On December 16, 1965, a collision occurred
G.R. No. L-52179
involving a passenger jeepney driven by
immunity from suit
Bernardo Balagot and owned by the Estate of
immunity of Government Agencies
Macario Nieveras, a gravel and sand truck Municipality of San Fernando vs. Judge Firme

driven by Jose Manandeg and owned by Political Law

Tanquilino Velasquez and a dump truck of the State

Municipality of San Fernando, La Union and

driven by Alfredo Bislig.

Due to the impact, several passengers of the

jeepney including Laureano Baniña Sr. died as

a result of the injuries they sustained and four
(4) others suffered varying degrees of physical

injuries.

The private respondents instituted a

compliant for damages against the Estate of

Macario Nieveras and Bernardo Balagot,

owner and driver, respectively, of the
passenger jeepney in the Court of First

Instance of La Union, Branch I, San Fernando,

La Union.

Read:  Veterans Manpower and Protective

Services, Inc. vs. Court of Appeals

However, the aforesaid defendants filed a

Third Party Complaint against the petitioner
and the driver of a dump truck of petitioner.

Thereafter, the case was subsequently

transferred to Branch IV, presided over by

respondent judge. The private respondents

amended the complaint wherein the
petitioner and its regular employee, Alfredo
Bislig were impleaded for the first time as
defendants.

Petitioner filed its answer and raised

affirmative defenses such as lack of cause of

action, non-suability of the State,
prescription of cause of action and the
negligence of the owner and driver of the
passenger jeepney as the proximate cause of
the collision.

ISSUE:

Whether or not the Municipality of San

Fernando, La Union can enjoy the immunity
from suit.

HELD:

The Court granted the petition and the

decision of the respondent court is hereby
modified, absolving the petitioner
municipality of any liability in favor of private

respondents.

Article XVI, Section 3 of the Constitution

expressly provides that:

“
the State may not be sued
without its consent.”

It is a general rule that the State may not be

sued except when it gives consent to be sued.

Consent takes the form of express or implied

consent.

Express consent may be embodied in a

general law or a special law.

A special law may be passed to enable a

person to sue the government for an alleged

quasi-delict.

While implied consent occurs when the

government enters into business contracts,
thereby descending to the level of the other
contracting party, and also when the State
files a complaint, thus opening itself to a
counterclaim. 

Municipal corporations, like provinces and

cities, are agencies of the State when they are
engaged in governmental functions and
therefore should enjoy the sovereign

immunity from suit.

Nevertheless, they are subject to suit even in

the performance of such functions because
their charter provided that they can sue and
be sued.

The municipal corporations are suable

because their charters grant them the
competence to sue and be sued.

Read: Republic of the Philippines vs. Feliciano

Nevertheless, they are generally not liable for

torts committed by them in the discharge of
governmental functions and can be held
answerable only if it can be shown that they
were acting in a proprietary capacity.

In the case at bar, petitioner Municipality of

San Fernando, La Union is a municipal
corporation existing under and in accordance
with the laws of the Republic of the
Philippines. 

he driver of the dump truck of the

municipality insists that "he was on his way to
the Naguilian river to get a load of sand and
gravel for the repair of San Fernando's
municipal streets."

In the absence of any evidence to the

contrary, the regularity of the performance of

official duty is presumed pursuant to Section
3(m) of Rule 131 of the Revised Rules of Court.

“
Section 3 Disputable

presumptions. — The following

presumptions are satisfactory if

uncontradicted, but may be

contradicted and overcome by

other evidence:(m) That official

duty has been regularly

performed; ”
Therefore, the Court ruled that the driver of
the dump truck was performing duties or
tasks pertaining to his office.

The municipality cannot be held liable for the

torts committed by its regular employee, who
was then engaged in the discharge of
governmental functions.

Thus, the death of the passenger –– tragic

and deplorable though it may be –– imposed
on the municipality no duty to pay monetary
compensation.

LABELS:
195 SCRA 692,
APRIL 8 1991,
CASE DIGEST,
CONSTITUTIONAL LAW,

G.R. NO. L-52179,

IMMUNITY FROM SUIT,
IMMUNITY OF GOVERNMENT AGENCIES,

MUNICIPALITY OF SAN FERNANDO VS. JUDGE FIRME,

POLITICAL LAW,
STATE

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