Case Digest (G.R. No. 11154)
Facts:
E. Merritt v. Government of the Philippine Islands, G.R. No. 11154. March 21, 1916, the Supreme Court En Banc, Trent, J., writing for the Court.Plaintiff E. Merritt sued the Government of the Philippine Islands for damages arising from a collision on March 25, 1913 between Merritt’s motorcycle and the General Hospital ambulance. The accident occurred on Calle Padre Faura as Merritt was proceeding west and the ambulance allegedly turned unexpectedly from Taft Avenue into its path. Merritt sustained severe head and leg injuries, was unconscious on arrival at the hospital, underwent treatment, remained confined for two months and twenty-one days, and suffered residual deficits (head symptoms, partial deafness, weakness, diminished mental acuity) and a one-and-a-half inch shortening and curvature of the leg. Merchants who testified said he lost about 50% of his pre-accident efficiency as a contractor; he dissolved a partnership and lost a building contract.
At the Court of First Instance of the City of Manila, the trial court found the ambulance chauffeur negligent, awarded plaintiff P14,741 (including P5,000 for permanent injuries and P2,666 for loss of wages limited to the hospital confinement), and assessed costs against the Government. Both parties appealed to the Supreme Court: Merritt argued the trial court erred in limiting general damages and in restricting lost-wage recovery to the hospital confinement; the Attorney-General appealed, contesting (a) the finding of chauffeur negligence, (b) the Government’s liability even if the chauffeur was negligent, and (c) the aggregate award of P14,741.
The case reached the Supreme Court b...(Pro-only)
Issues:
- Did the trial court err in finding the ambulance chauffeur negligent and that the collision was caused thereby?
- Did the trial court err in computing damages by (a) awarding only P5,000 for permanent injuries and (b) limiting lost-wage recovery to two months and twenty-one days instead of the entire period of incapacity?
- Does Act No. 2457 (Feb. 3, 1915), which authorized Merritt to sue the Government, effect a waiver of immunity only or also a legislative concession of the Government’s liability for the chauffeur’s negligent acts?
- Under paragraph 5 of Article 1903 of the Civil Code, is the Government liable for torts of an employee such as the reported ambulance chauffeur, i.e., was the ...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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