1
Leonardo Palafox v. Province of Ilocos Norte Facts: Sabas Torralba was employed as the driver of Ilocos Norte and detailed to the Office of the District Engineer While driving his truck, he ran over Proceto Palafox and the victim died. Sabas was prosecuted for homicide through reckless imprudence to which he pleaded guilty. The heirs of Palafox instituted a civil case against the Province, District Engineer, Provincial Treasurer and Sabas Torralba. Issue: WON the Province of Ilocos Norte can be held liable? NO Ratio: This case highlights the general rule that local government units are not liable for negligent acts of its employees while they are performing governmental functions or duties. In this case, the driver Torralba was involved in the construction or maintenance of roads which was a governmental duty. Therefore, the province cannot be held liable for his negligent act.

Palafox+v.+Ilocos+Norte

  • Upload
    mc-suan

  • View
    14

  • Download
    1

Embed Size (px)

DESCRIPTION

study

Citation preview

Leonardo Palafox v. Province of Ilocos Norte

Facts: Sabas Torralba was employed as the driver of Ilocos Norte and detailed to the Office of

the District Engineer While driving his truck, he ran over Proceto Palafox and the victim died. Sabas was prosecuted for homicide through reckless imprudence to which he pleaded

guilty. The heirs of Palafox instituted a civil case against the Province, District Engineer,

Provincial Treasurer and Sabas Torralba.

Issue: WON the Province of Ilocos Norte can be held liable? NO

Ratio:This case highlights the general rule that local government units are not liable for negligent acts of its employees while they are performing governmental functions or duties. In this case, the driver Torralba was involved in the construction or maintenance of roads which was a governmental duty. Therefore, the province cannot be held liable for his negligent act.