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    Torio Vs Fontanilla (Case Digest)

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    Oliver Reidsil M. Rojales
    The case involves Vicente Fontanilla, a member of a zarzuela troupe, who died after the stage collapsed during a performance at the 1959 Malasiqui town fiesta celebration in Pangasinan, Philippines. Fontanilla's heirs filed a complaint against the Municipality of Malasiqui and its municipal council to recover damages. The municipal council argued it was not liable as holding the town fiesta was a governmental function. The court held that municipalities have both governmental and proprietary powers, and can be held liable for injuries caused in the course of exercising proprietary functions like sponsoring a town fiesta. Since the municipality organized the fiesta for the special benefit of the community, it

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    Torio Vs Fontanilla (Case Digest)

    Uploaded by

    Oliver Reidsil M. Rojales
    2K views1 page
    The case involves Vicente Fontanilla, a member of a zarzuela troupe, who died after the stage collapsed during a performance at the 1959 Malasiqui town fiesta celebration in Pangasinan, Philippines. Fontanilla's heirs filed a complaint against the Municipality of Malasiqui and its municipal council to recover damages. The municipal council argued it was not liable as holding the town fiesta was a governmental function. The court held that municipalities have both governmental and proprietary powers, and can be held liable for injuries caused in the course of exercising proprietary functions like sponsoring a town fiesta. Since the municipality organized the fiesta for the special benefit of the community, it

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    Law on Public Corporation

    Original Title

    Torio vs Fontanilla (Case Digest)

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    The case involves Vicente Fontanilla, a member of a zarzuela troupe, who died after the stage collapsed during a performance at the 1959 Malasiqui town fiesta celebration in Pangasinan, Philippines. Fontanilla's heirs filed a complaint against the Municipality of Malasiqui and its municipal council to recover damages. The municipal council argued it was not liable as holding the town fiesta was a governmental function. The court held that municipalities have both governmental and proprietary powers, and can be held liable for injuries caused in the course of exercising proprietary functions like sponsoring a town fiesta. Since the municipality organized the fiesta for the special benefit of the community, it

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    2K views1 page

    Torio Vs Fontanilla (Case Digest)

    Uploaded by

    Oliver Reidsil M. Rojales
    The case involves Vicente Fontanilla, a member of a zarzuela troupe, who died after the stage collapsed during a performance at the 1959 Malasiqui town fiesta celebration in Pangasinan, Philippines. Fontanilla's heirs filed a complaint against the Municipality of Malasiqui and its municipal council to recover damages. The municipal council argued it was not liable as holding the town fiesta was a governmental function. The court held that municipalities have both governmental and proprietary powers, and can be held liable for injuries caused in the course of exercising proprietary functions like sponsoring a town fiesta. Since the municipality organized the fiesta for the special benefit of the community, it

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    Case Digest

    Torio vs Fontanilla
    G.R. No. L-29993; 85 SCRA 399
    October 23, 1978

    Facts:
    The Municipal Council of Malasiqui, Pangasinan, passed Resolution No. 159 to manage the 1959 Malasiqui town fiesta
    celebration The 1959 Malasiqui Town Fiesta Executive Committee was created, which, in turn, organized a sub-committee
    on entertainment and stage.
    A zarzuela troupe, of which Vicente Fontanilla was a member, arrived for their performance on January 22. During the
    zarzuela, the stage collapsed and Fontanilla was pinned underneath. He was immediately hospitalized, but died the following
    day.
    Fontanillas heirs filed a complaint to recover damages against the Municipality of Malasiqui, its Municipal Council and all the
    Councils individual members.
    The municipality invoked inter alia the defense that as a legally and duly organized public corporation it performs sovereign
    functions and the holding of a town fiesta was an exercise of its governmental functions from which no liability can arise to
    answer for the negligence of any of its agents.
    The councilors maintained that they merely acted as the municipalitys agents in carrying out the municipal ordinance and as
    such they are likewise not liable for damages as the undertaking was not one for profit; furthermore, they had exercised due care
    and diligence in implementing the municipal ordinance.
    After trial, the RTC dismisses the complaint, concluding that the Executive Committee had exercised due diligence and care in
    selecting a competent man for the construction of the stage, and the collapse was due to forces beyond the control of the
    committee. Consequently, the defendants were not liable for the death of Vicente Fontanilla. Upon appeal, the Court of Appeals
    reversed the trial courts decision and ordered all the defendants-appellees to pay jointly and severally the heirs of Vicente
    Fontanilla the sums of P12,000.00 by way of moral and actual damages:P1200.00 its attorneys fees; and the costs.
    Issue:
    Whether or not the Municipality of Malasiqui may be held liable.

    Held:
    Yes.
    Under Philippine laws, municipalities are political bodies endowed with the faculties of municipal corporations to be exercised by
    and through their respective municipal governments in conformity with law, and in their proper corporate name, they may inter
    alia sue and be sued, and contract and be contracted with.
    The powers of a municipality are two-fold in character: public, governmental or political on the one hand; and corporate, private,
    or proprietary on the other. Governmental powers are those exercised by the corporation in administering the powers of the state
    and promoting the public welfare. These include the legislative, judicial public, and political. Municipal powers, on the other hand,
    are exercised for the special benefit and advantage of the community. These include those which are ministerial, private and
    corporate.
    This distinction of powers are necessary in determining the liability of the municipality for the acts of its agents which result in
    injury to third persons.
    If the injury is caused in the course of the performance of a governmental function/duty, no recovery can be had from the
    municipality unless there is an existing statute on the matter, nor from its officers, so long as they performed their duties honestly
    and in good faith or that they did not act wantonly and maliciously.
    With respect to proprietary functions, the settled rule is that a municipal corporation can be held liable to third persons ex
    contract or ex delicto. They may also be subject to suit upon contracts and its tort.

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