Case Digest (G.R. No. L-1120)
Facts:
Inocencio Rosete v. The Auditor General, G.R. No. L-1120. August 31, 1948, the Supreme Court En Banc, Feria, J., writing for the Court. Petitioner Inocencio Rosete sought compensation from the Government for P35,376 for household goods and other personal property destroyed by a fire at the Emergency Control Administration (ECA) motor pool/bodega on November 2, 1945, located at No. 2262 Azcarraga (22 Azcarraga), Manila.
The fire was alleged to have originated when a private individual, Jose Fraino, ignited his cigarette-lighter after filling it with gasoline near a five‑gallon drum into which gasoline was being drained; the spark ignited the gasoline and the ECA bodega, spreading to adjacent houses and destroying Rosete’s property. The City Mayor certified (November 10, 1945) that the ECA had not been granted any permit to store gasoline at that motor pool; the certification was corroborated by the Acting Assistant Treasurer and the Acting Chief of the Fire Department. Fraino was criminally prosecuted by the City Fiscal.
Pursuant to Act No. 327, Rosete filed a claim with the Insular Auditor (Auditor General). On October 3, 1946, the Auditor General denied the claim, reasoning that even if ECA officials were negligent, the Government could not be prejudiced by illegal or tortious acts of its servants. Rosete appealed the Auditor General’s denial to the Supreme Court under A...(Pro-only)
Issues:
- Did the Insular Auditor err in denying Rosete’s claim against the Government?
- Under Article 1903 of the Civil Code, was the State liable for the damages because the Emergency Control Administration and its officers acted as a "special agent"?
- Does Act No. 327 make the Government liable for all claims file...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
- (Pro-only)