G.R. No. 71049 - Jimenez vs. City of Manila

On August 15, 1974, petitioner Bernardino Jimenez went with neighbors to the Sta. Ana Public Market during a rainstorm to buy “bagoong.” The market passages were flooded with ankle-deep water.
While returning, he stepped on an uncovered drainage opening concealed by dirty rainwater. A four-inch rusty nail in the opening pierced his left leg about one and a half inches deep.
He received first aid at a nearby drugstore, later consulted Dr. Juanita Mascardo due to fever and swelling, and was confined at Veterans Memorial Hospital for twenty days. After discharge, he used crutches for fifteen days and could not personally attend his school-bus business, hiring a substitute supervisor at a cost of ₱900.00.

By a December 28, 1972 Management and Operating Contract, the City of Manila (“First Party”) engaged Asiatic Integrated Corporation (“Second Party”) to manage, maintain, rehabilitate and develop public markets and talipapas for a fixed service fee, subject to prior approval and continuing control and supervision by the City.
The City retained the power (a) to approve improvement programs, (b) to supervise and control existing personnel, (c) to require periodic operational reports, and (d) under Local Tax Code §30(g), to exercise “direct and immediate supervision, administration and control” over public markets and their personnel.
The City also employed a market master specifically assigned to the Sta. Ana Public Market whose primary duty was to ensure public safety within that market.

Jimenez sued both the City of Manila and Asiatic Integrated Corporation in CFI Manila, Civil Case No. 96390, for damages and attorney’s fees. The trial court dismissed the complaint for lack of sufficient evidence.
On appeal (IAC AC-G.R. 013887-CV), the Intermediate Appellate Court reversed the CFI decision but held only Asiatic Integrated Corporation liable. It awarded ₱221.90 actual medical expenses, ₱900.00 for bus-operation supervision, ₱20,000.00 moral damages, and ₱10,000.00 attorney’s fees.
The IAC denied Jimenez’s partial motion for reconsideration. He then filed a petition for review on certiorari before the Supreme Court under G.R. No. 71049. Both respondents filed comments and memoranda as directed; the case was assigned to the Second Division.

Whether the City of Manila should be held jointly and severally liable with Asiatic Integrated Corporation for damages suffered by petitioner, under Article 2189 (liability for defective public works) and Article 2176 (quasi-delict) of the Civil Code, despite the Management and Operating Contract.

Whether Republic Act No. 409, Article I, Section 4 (which generally limits City liability for city-officer negligence) precludes City liability in this case.
Whether petitioner’s injury was contributed to by his own negligence in venturing into a flooded market.