Violation of other existing civil service law rules

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Unformatted text preview: ability Q: What is the scope of municipal liability? A: Municipal liabilities arise from various sources in the conduct of municipal affairs, both governmental and proprietary. Q: What is the rule with respect to the liabilities of (LGU’s) and their officials? A: LGUs and their officials are not exempt from liability for death or injury to persons or damage to property (Sec. 24, R.A. 7160). Q: What are the specific provisions making LGUs liable? A: 1. LGU shall be liable for damages for the death of, or injuries suffered by, any person by reason of the defective condition of roads, streets, bridges, public buildings, and other public works under their control or supervision. (Art. 2189, New Civil Code) Note: LGU is liable even if the road does not belong to it as long as it exercises control or supervision over said roads. 2. The State is responsible when it acts through a special agent. (Art. 2180, NCC) 3. When a member of a city or municipal police force refuses or fails to render aid or protection to any person in case of danger to life or property, such peace officer shall be primarily liable for damages and the city or municipality shall be subsidiarily responsible therefor.(Art. 34, NCC) Q: What are the bases for municipal liabilities? A: 1. Liability arising from violation of law Note: Liability arising from violation of law such as closing municipal streets without indemnifying persons prejudiced thereby, non‐payment of wages to its employees or its refusal to abide a temporary restraining order may result in contempt charge and fine. 2. Liability on contracts Note: LGU is liable on a contract it enters into provided that the contract is intra vires. If it is ultra vires they are not liable. ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA Facultad de Derecho Civil VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE VICE CHAIRS FOR L...
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