G.R. No. 193747 - Borromeo vs. Mina

The case originated from a “Contract For Water Service Connections” between the Metropolitan Waterworks and Sewerage System (MWSS) and Kwok Cheung, the sole proprietor of K.C. Waterworks System Construction (KC).
Article 11 (Scope of Work) of the contract stipulated that KC was to install water service connections, perform excavations, transfer the tapping location, undertake separation of the service connection, and change rusted connections. MWSS was exclusively responsible for tapping the service pipe connection and mounting the water meter.

On May 20, 1988, KC received a Job Order from the South Sector Office of MWSS to excavate at the corner of M. Paterno and Santolan Road in San Juan, Metro Manila, a national road.
Under the supervision of Project Engineer Ernesto Battad, Jr., five workers were dispatched. They installed four barricades—constructed of two-inch thick GI pipes welded together—and commenced excavation from 9:00 a.m. until approximately 3:00 p.m.
The excavation involved digging a hole one meter wide and 1.5 meters deep, followed by refilling the excavated area with the same materials, although part of the work (specifically A14 of the job) was not fully completed as further excavation was required for tapping water pipes to concessionaires.

On the evening of May 31, 1988, between 10:00 p.m. and 11:00 p.m., while heavy rain was falling, Priscilla Chan drove her Toyota Crown along Santolan Road at a speed of thirty (30) kilometers per hour.
Accompanying her was Assistant City Prosecutor Laura Biglang-Awa, seated in the right front seat.
As the car traversed the flooded road, its left front wheel fell into a manhole created by the earlier excavation work. This resulted in a fracture of Biglang-Awa’s right arm (specifically the humerus).

Pfc. Felix Ramos of the San Juan Police Station, arriving less than an hour after the accident, found the car extracted from the manhole and the barricades absent. A Traffic Accident Investigation Report was subsequently filed.
At Cardinal Santos Hospital, an attending physician performed a close reduction and applied an abduction splint followed by a plastic cast on Biglang-Awa's injured arm. Although the injury was expected to heal within four to six weeks barring complications, she experienced lingering pain that affected her sleep.

Biglang-Awa filed a complaint for damages before the Regional Trial Court at Pasig against MWSS, the Municipality of San Juan, and other municipal officials.
In her course of litigation, Biglang-Awa amended her complaint to include KC as a defendant.
On February 29, 1992, the trial court rendered a judgment favoring Biglang-Awa, holding MWSS and the Municipality of San Juan jointly and severally liable for actual, moral, exemplary damages, attorney's fees, and costs.
Dissatisfied with the decision, both Biglang-Awa and the Municipality of San Juan filed appeals with the Court of Appeals. The appellate court in its decision dated September 08, 1995, affirmed with modifications the trial court’s ruling by adjusting the damages and reaffirming joint and several liability.

The Municipality of San Juan, now petitioner, sought to annul the Court of Appeals’ decision on two main grounds:

The appellate court had decided questions of substance not previously decided by the Supreme Court.
The appellate decision did not conform with established law and jurisprudence.

Section 149, [1] [z] of the Local Government Code of 1983, arguing that it is only mandated to construct, improve, repair, and maintain municipal roads and public places—thus, since Santolan Road is a national road, the municipality should not be held liable.
Section 8, Ordinance 82-01 of the Metropolitan Manila Commission, contending that liability for negligent excavation falls on the contractor (KC) and MWSS, not on the municipality.

Whether the Municipality of San Juan can be held liable for the injuries sustained by Assistant City Prosecutor Biglang-Awa despite the accident occurring on a national road (Santolan Road) rather than a municipal road.

Whether the statutory defenses raised by the municipality under Section 149, [1] [z] of the Local Government Code and Section 8 of Ordinance 82-01 of the Metropolitan Manila Commission legitimately exempt it from liability.

The extent to which prior control and supervision of public works—specifically excavation and maintenance of roadways—impose a continuing duty on municipal authorities, irrespective of road ownership status.