TORIO VS.

FONTANILLA (October 23, 1978)

Muoz-Palma, J.
Facts:
- The municipal council of Malasiqui, Pangasinan passed 2 resolutions. The first was for management of
the town fiesta celebration, and the second was for the creation of the Malasiqui Town Fiesta Executive
Committee.
- The Subcommittee on entertainment and stage was formed, with Macaraeg as Chairperson.
- 2 stages were constructed one for the zarzuela and another for cancionan. Macaraeg supervised the
construction of the stages.
- While the zarzuela was being held, the stage collapsed. Vicente Fontanilla was pinned underneath and
died in the afternoon of the following day.
- Vicentes heirs filed a complaint for damages with the CFI of Manila. The defendants were the
municipality, the municipal council and the municipal council members.
- CFI held that the municipal council exercised due diligence in selecting the person to construct the stage
and dismissed the complaint. CA reversed the CFI and held all defendants solidarily liable for damages.
Issue: Whether or not the municipality can be held liable for the collapse of the stage which caused the
death of Fontanilla.
Held:
- Powers exercised by municipal corporations: 1) public, governmental or political -> administering powers
of the state; 2) corporate, private, proprietary -> for special benefit and advantage of a community.
- If injury is caused in the course of performance of a governmental function, there could be no recovery
unless allowed by statute. Likewise, there can be no recovery from officers if acts were done in good
faith.
- Palafox case -> province is not liable. Maintenance and construction of roads was performance of a
governmental function.
- The Revised Administrative Code gives authority to the municipality to celebrate the yearly fiesta.
Observance thereof is not imposed as a duty. It is considered as a special benefit of the community and
not done to promote general welfare.
- Doctrine of repondeat superior -> municipality is liable for damages for the death of Fontanilla if due to
negligence of its own officers, employees or agents.
- The stage was not strong enough to support the onlookers who mounted it. The municipality should
have taken steps to maintain the safety of the stage. It should have prevented participants from mounting
the stage.
- Participants had the right to expect that the municipality, through the committee, would build a stage or
platform strong enough to sustain the weight or burden of performance and take necessary measures to
insure the safety of the participants.
- Sanders v City of Long Beach Know your City Week was a proprietary activity. The city was
expected to exercise ordinary care, and not to expose people to danger.
- The municipality is liable for acts of its servants. It was acting through the municipal council which
appointed Macaraeg as chairperson of subcommittee in charge of the construction of the stage.
- It appointed Macaraeg. It can control the discharge of duties and hold Macaraeg responsible for the
manner in which duties are discharged.
- Municipal councilors are not liable. The municipality has a personality separate from those of officers,
directors and the persons composing it. The councilors had no direct participation in the incident.
Affirmed.