Case Summary (G.R. No. 11154)
Key Dates
Date of Accident: March 25, 1913
Enactment of Suit Authorization: February 3, 1915 (Act No. 2457)
Decision Date: March 21, 1916
Trial Court Findings of Fact
• Merritt rode his motorcycle westward on Padre Faura at 10–12 mph.
• The hospital ambulance, instead of keeping right on Taft Avenue and sounding a horn, turned suddenly into Merritt’s path ten feet from the intersection, striking him.
• Merritt sustained severe skull fractures, brain injury, a compound fracture of the right leg, and resulting permanent physical and mental impairments.
• Medical testimony established unconsciousness, risk of death, leg contraction, sensory deficits, and diminished mental acuity.
• Merchants corroborated Merritt’s pre-accident prowess as a contractor and post-accident loss of at least 50 percent of his earning capacity.
• Merritt dissolved a partnership and relinquished a building contract due to his disabilities.
Trial Court Award and Claims on Appeal
The trial court awarded P 14,741, comprising:
- General damages for permanent injuries: P 5,000 (plaintiff claimed P 25,000)
- Lost wages for 2 months 21 days at P 1,000/month: P 2,666 (plaintiff claimed P 6,000)
Merritt appealed both damage limits; the Government appealed liability and total award.
Appellate Court Analysis on Damages
– Permanent Injuries: Court found no basis to increase the P 5,000 award.
– Lost Earnings: Evidence proved total incapacity for six months; confinement in hospital for only 2 months 21 days did not limit recovery.
– Revised Damages: Monthly earnings of P 1,000 × 6 months = P 6,000; combined with other items, total damages recalculated to P 18,075.
Appellate Court Analysis on Government Liability
– Consent to Suit: Act No. 2457 waived immunity but did not by its terms admit liability or create a new cause of action; it merely authorized Merritt to litigate preexisting claims.
– Principle from U.S. and Spanish jurisprudence: A sovereign’s consent to be sued furnishes a remedy but does not itself establish liability.
– Civil Code (Art. 1903, ¶ 5): The State is liable only for acts of “special agents” acting under a defin
Case Syllabus (G.R. No. 11154)
Procedural Background
- E. Merritt sued the Government of the Philippine Islands in the Court of First Instance of Manila for damages sustained in a collision between his motorcycle and a General Hospital ambulance.
- The trial court rendered judgment in favor of Merritt for P 14,741 plus costs.
- Both Merritt (plaintiff-appellant) and the Government (defendant-appellant) appealed the judgment to the Supreme Court.
Facts
- On March 25, 1913, Merritt rode his motorcycle westward on Calle Padre Faura at 10–12 mph.
- As he crossed Taft Avenue, approximately ten feet from the southwest corner, the hospital ambulance suddenly turned from the center of Taft Avenue into his path without warning horn or whistle.
- The ambulance struck Merritt when he was about six feet from the corner post.
- Injuries included a depressed skull fracture of the left parietal region, brain injury, open fractures of the right leg, loss of consciousness, risk of death, and subsequent physical and mental impairments.
- Dr. Saleeby’s examinations revealed skull and brain damage, leg contraction and curvature, slight deafness, ocular weakness, and diminished mental capacity for mathematical work.
- Prior to the accident, Merritt was an agile and energetic contractor earning P 1,000 per month; afterwards he lost 50% efficiency, could no longer climb scaffolding, dissolved his partnership, and abandoned a building contract.
Issues on Appeal
- Plaintiff-Appellant’s Contentions:
- Trial court erred in awarding only P 5,000 for permanent injuries instead of the P 25,000 claimed.
- Trial court erred in limiting total disability to two months and twenty-one days (P 2,666) ins