After a typhoon a complaint of culpa aquiliana was filed against the School for the reason that one of their buildings was considered a structural hazard and the reason of inhabitability of the nearby houses .The complaint is rooted to the claim that the school has a defective roofing structure and that they have been remiss on the maintenance of such building. The school (petitioner) averred that subject school building had withstood several devastating typhoons and other calamities in the past, without its roofing or any portion thereof giving way; that it has not been remiss in its responsibility to see to it that said school building, which houses school children, faculty members, and employees, is "in tip-top condition"; and furthermore, typhoon "Saling" was "an act of God and therefore beyond human control" such that petitioner cannot be answerable for the damages wrought thereby, absent any negligence on its part.
Issue:
Whether or not the destruction of the nearby houses was caused by a fortuitous event.
Held:
It was held that petitioner has not been shown negligent or at fault regarding the construction and maintenance of its school building in question and that typhoon "Saling" was the proximate cause of the damage suffered by private respondents' house.
It was held that petitioner has not been shown negligent or at fault regarding the construction and maintenance of its school building in question and that typhoon "Saling" was the proximate cause of the damage suffered by private respondents' house.
No comments:
Post a Comment