Case Summary (G.R. No. L-29993)
Material Facts
The Municipal Council passed resolutions to organize the 1959 town fiesta, appropriating ₱100 for two stages. An Executive Committee appointed Jose Macaraeg to supervise stage construction. On January 22, during a zarzuela performance featuring Vicente Fontanilla, the bamboo-supported stage collapsed, trapping Fontanilla, who died the following day.
Procedural History
Heirs filed suit for damages in the Court of First Instance of Manila (September 11, 1959). The trial court found due diligence by the municipality’s agents and dismissed the complaint (July 10, 1962). The Court of Appeals reversed (October 31, 1968), holding all defendants jointly and severally liable for moral and actual damages (₱12,000), attorney’s fees (₱1,200), and costs.
Legal Issue
Whether the celebration of a town fiesta is a governmental function (entitling the municipality to immunity) or a proprietary function (subjecting it to tort liability), and the consequent civil liability of the municipality and individual councilors for negligence.
Applicable Law
– Revised Administrative Code, Sec. 2282 (Municipal Law): authorizes but does not mandate annual fiestas.
– Civil Code Articles 2176–2180: general tort liability and respondeat superior.
– Civil Code Article 2208(11): discretion to award attorney’s fees.
Governmental vs. Proprietary Functions
Municipal powers split into governmental (public, sovereign duties) and proprietary (corporate, local conveniences). Fiestas, like parks or markets, serve local community benefit, not state public policy. Thus, fiesta celebrations are proprietary functions, exposing the municipality to contractual and tort liability.
Liability of the Municipality
As the fiesta was proprietary, the municipality stands on the same footing as a private corporation. Under respondeat superior, it is liable for negligent acts of its agents in constructing and supervising the stage.
Negligence and Respondeat Superior
The appellate court’s findings of negligence as a matter of law are upheld:
– Principal braces were allegedly removed, undermining stage integrity.
– Insufficient appropriation (₱100) and bamboo materials rendered the stage unsafe.
– Lack of supervision allowed spectators to overload the platform.
These facts establish lack of ordinary prudence by municipal agents, making the municipality liable for Fontanilla’s death.
Liability of Councilors
Individual councilors functioned as a corporate board. Absent gross negligence, bad faith, or personal participation in wrongful acts, officers and directors are not personally liable for corporate torts. Article 27 Civil Code (remedy against a public se
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Procedural History
- Heirs of Vicente Fontanilla filed a complaint for damages in the Court of First Instance of Manila on September 11, 1959, naming the Municipality of Malasiqui and its 1959 Municipal Council members as defendants.
- Defendants contested liability, asserting that the town fiesta is a governmental function (no liability) and that they exercised due care in stage construction.
- Trial court (July 10, 1962) held that the Fiesta Executive Committee exercised due diligence; dismissed complaint.
- Court of Appeals (October 31, 1968) reversed, finding negligence; awarded P12,000.00 (moral and actual damages), P1,200.00 (attorney’s fees), and costs, to be paid jointly and severally.
- Petitions for review filed by Municipality (G.R. L-30183) and councilors individually (G.R. L-29993), presenting the core issue: governmental vs. proprietary nature of fiesta celebrations and consequent liability.
Facts
- On October 21, 1958, Municipal Council passed Resolution No. 159 to manage the January 21–23, 1959 town fiesta.
- Resolution No. 182 created a “1959 Malasiqui Town Fiesta Executive Committee” and a subcommittee on entertainment and stage headed by Jose Macaraeg.
- Municipality appropriated P100.00 for two stages: one for “zarzuela” and another for “cancionan.”
- The “zarzuela” stage measured 5.5 m × 8 m, wooden floor, supported purportedly by 24 bamboo posts (4 front, 4 rear, 5 on each side) with bamboo braces.
- The “Midas Extravaganza” troupe, including Vicente Fontanilla, arrived January 22 evening. During the performance, before the drama began, the stage collapsed, pinning Fontanilla; he died the following afternoon.
Legal Issue
- Whether the celebration of a town fiesta authorized under Sec. 2282, Revised Administrative Code, is a governmental (immune from tort liability) or a proprietary function (subject to tort liability).
- If proprietary, whether the Municipality of Malasiqui and/or i