Case Digest (G.R. No. 92087)
Facts:
Sofia Fernando, et al. v. The Honorable Court of Appeals and City of Davao, G.R. No. 92087, May 08, 1992, Supreme Court First Division, Medialdea, J., writing for the Court. Petitioners are the survivors and legal guardians of five men who died after entering the septic tank of the Agdao Public Market; respondents are the Court of Appeals and City of Davao.On November 7, 1975 the market master of Agdao Public Market requisitioned re-emptying of the public toilet septic tank and the City issued an invitation to bid. Several persons were invited; Feliciano Bascon won the bid and was notified on November 26, 1975. Before the award/order to commence work was finally issued, on November 22, 1975, five men — including one bidder, Aurelio Bertulano, and four companions — were found dead inside the septic tank. The City Engineer’s investigation showed the victims entered the tank without clearance; autopsy reports attributed death to asphyxia from toxic (sulfide) gas.
The trial court, after examining the evidence, rendered judgment on August 28, 1984 dismissing the complaint. The petitioners appealed to the then Intermediate Appellate Court (now the Court of Appeals). On January 31, 1986 the appellate court reversed and awarded compensatory and moral damages (P30,000 and P20,000 per victim) and attorney’s fees. Both parties sought reconsideration; on January 11, 1990 the Court of Appeals issued an Amended Decision granting the City’s motion for reconsideration, reversed its earlier award and dismissed the case. Pe...(Pro-only)
Issues:
- Was City of Davao guilty of negligence in connection with the septic tank deaths?
- If so, was such negligence the immediate and proximate cause of the victims...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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