BAGUIO CITY — The 5th Division of the Court of Appeals recently upheld a decision of a lower court here ordering the city government and the contractor of the multi-million-peso Olympic-sized swimming pool within the Burnham Park Athletic Bowl to pay over P1.2 million in damages to families of three boys who drowned in a pit during the construction of the facility over nine years ago.
In a 16-page decision, the appellate court absolved the Department of Public Works and Highways in the said case, citing the Constitution, particularly Section 3, Article XVI, that recognizes the immunity of the State, barring all suits and claims against the agency from the courts, if this is done without its consent.
The CA ruled the State is immune from suits where a case was filed against the republic by name, a suit against an unincorporated government agency, a suit against a government agency, covered by its Charter and a suit against a government officer, but where the liability will fall on government.
The court ruled the DPWH having no separate personality, any action against it is necessarily a suit or a claim against the national government.
However, the CA ruling pointed out the city government here and JD Construction, the contractor of the multi-million-peso swimming pool project, must pay the parents of Aristotle Sidinio and Ryggem Ventura some P300,000 each and P320,000 for the parents of Elnel Paclob representing death indemnity, actual, exemplary and moral damages except for the over P200,000 in attorney’s fees.
JD Construction tried to clear itself from the imposed liability but the CA asserted that the company was negligent when it failed to implement appropriate measures.
On August 18, 2000, the three children, who were pupils of the Baguio Central School, were on their way to the Baguio Athletic Bowl to meet their playmates who were at the playgrounds when they suddenly fell into a deep pit.
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