-
7/31/2019 Meritt v. Govt
1/13
+
MERITT V. GOVT. OFPHIL
-
7/31/2019 Meritt v. Govt
2/13
+ The plaintiff wasriding his motorbike
along PadreFauraUpon crossing Taft
Avenue and whenhe was ten feet fromthe southwestern
intersection of saidstreets
-
7/31/2019 Meritt v. Govt
3/13
+
An Ambulance of the PGH suddenly
appeared
-
7/31/2019 Meritt v. Govt
4/13
+
The Ambulance
instead of turning toward thesouth, after passing the
centerthereof, so that it would be on the
left side of said avenue, as isprescribed by the ordinance
andthe Motor Vehicle Act, turnedsuddenly and unexpectedly
long before reaching the center of
the street, into the right side of TaftAvenue, without having
soundedany whistle or horn,.
-
7/31/2019 Meritt v. Govt
5/13
+
by which movement it struck the
plaintiff, who was already six feetfrom the southwestern point
or fromthe post place there
-
7/31/2019 Meritt v. Govt
6/13
+By reason of the resultingcollision, the plaintiff wasseverely
injured
according to Dr. Saleeby,he suffered from adepression in the
leftparietal region, a would in
the same place and in theback part of his head,while blood
issued fromhis nose and he was
entirely unconscious.he had one or morefractures of the skull
andthat the grey matter andbrain was had sufferedmaterial
injury
-
7/31/2019 Meritt v. Govt
7/13
+
ISSUES:
As the negligence which caused the collision isa tort committed
by an agent or employee of theGovernment, the inquiry at once
arises whetherthe Government can be sued?
And WON the Government can be legally-liablefor the damages
resulting therefrom?
-
7/31/2019 Meritt v. Govt
8/13
+
Yes, the plaintiff can sue the
government It is the general rule that the Insular Government
(the defendant)
cannot be sued by an individual without its consent. It is
alsoadmitted that the instant case is one against the
Government.
In the United States the rule that the state is not liable for
the tortscommitted by its officers or agents whom it employs,
except whenexpressly made so by legislative enactment, is well
settled.
The Government of the Philippine Islands having been
"modeledafter the Federal and State Governments in the United
States,
There is a law authorizing E. Meritt to sue the Government
throughLegislative Act No. 2457, effective February 3, 1915
-
7/31/2019 Meritt v. Govt
9/13
+
The Government waived its
immunity through the enactment ofAct No.2457
By consenting to be sued a state simply waives its immunityfrom
suit. however, It merely gives a remedy to enforce a
preexisting liability and submits itself to the jurisdiction of
thecourt, subject to its right to interpose any lawful defense.
-
7/31/2019 Meritt v. Govt
10/13
+
2ND ISSUE: REGARDING
LIABILITY FOR DAMAGES NO, although it waived its liabilty from
suit, it did not concede
liability to Meritt
The State is not liable for torts, except when it acts through
aspecial agent
The driver is not a special agent
Although the accident was caused by a government employee,
the State did not undertake to guarantee to thrid persons theact
of its employees for that would subject the state tocountless
suit
-
7/31/2019 Meritt v. Govt
11/13
+
The State is not responsible for the
damages suffered by privateindividuals in consequence of theacts
performed by its employees
pertaining to their office becauseNEITHER FAULT ORNEGLIGENCE can
be presumed on
the part of the government
-
7/31/2019 Meritt v. Govt
12/13
+
Who are Special Agents?
Special Agent a person who receives a definite and fixedorder or
commission, foreign to the exercise of the duties of hisoffice if
he is a special official
One duly empowered by a definite order or commission toperform
some act or charged with some definite purpose whichgives rise to
the claim, and not where the claim is based onacts or omissions
imputable to a public official charged withsome admin or technical
office who can be held to the proper
responsibiity
-
7/31/2019 Meritt v. Govt
13/13
+
THE chauffer was still acting withinhis duty as a driver when he
hitMERITT
![BUCHSTABEN€¦ · [vvvvvvvvvvvvv] [vvvvvvvvvvvvv] [vvvvvvvvvvvvv] Spure nach! Fahre den Buchstaben nach. Finde "v" v v v v v v v b v m n l u d f z s y x v u [] [] [] Spure nach!](https://img.pdfslide.org/doc/110x75/5f06b2217e708231d41946e8/buchstaben-vvvvvvvvvvvvv-vvvvvvvvvvvvv-vvvvvvvvvvvvv-spure-nach-fahre-den.jpg)
![FörderProtech Flyer ProFITBrb 180407€¦ · & } Z µ v P U / v v } À ] } v & W } Z ' u , ] ^ Ì ] o ] v À } v & W } Z µ v º Ì v W }&/d ] v v v µ P W }&/d ] ] v Z v } o }](https://img.pdfslide.org/doc/110x75/5f14e4116689cb03a96b0e37/ffrderprotech-flyer-profitbrb-180407-z-v-p-u-v-v-v-.jpg)
![W l ] l µ u / v P v ] µ ] v ( } u ] l & µ v l ] } v v U v µ u ] Z / v P ] } v · 2019-10-06 · í ð ï x î x µ Ì µ ( p ð x & µ v l ] } v v u v µ u ] z / v p ] } v lqwpdlq](https://img.pdfslide.org/doc/110x75/5e79986dc6276a020c43160c/w-l-l-u-v-p-v-v-u-l-v-l-v-v-u-v-u-z-v-p.jpg)
![^ ï r> ] o ] v ] ~> v P À ] } v Ì ( Z o v Z v u ] s µ v º l v...] > ] o ] v ] v t ] v Z ( o ] Z v D ] Ì ] v ] Z v & Z P o o Z ( v ] v Ç u ] Z v Á ] l o , ] o ( v](https://img.pdfslide.org/doc/110x75/6138c5d70ad5d206764976fb/-r-o-v-v-p-v-oe-z-o-v-z-v-u-s-v-l-v-.jpg)
![d W v v ^ Ì ] o o ( } v ( º Z Z ] v D v Z v u ] ^ Z ] v€¦ · d W v v ^ Ì ] o o ( } v ( º Z Z ] v D v Z v ] v µ v P v o ] µ v P d À } o&KE ì î r î ì î ì s í X ï î](https://img.pdfslide.org/doc/110x75/608bf5aa491deb3c9856f938/d-w-v-v-oe-o-o-v-z-z-v-d-v-z-v-u-z-v-d-w-v-v-oe-o-o-.jpg)
![Ì ] o ] v ] v ] v v Z v€¦ · / v ] Ì ] o ] v ] v ] v v & Z v. ^ u v } v ( º / &](https://img.pdfslide.org/doc/110x75/5f52c1a95d84366af72d2442/oe-o-v-v-v-v-z-v-v-oe-o-v-v-v-v-z-v-u-v-v-.jpg)
![( º v ^ ] o ] D v v U & µ v µ v : µ P v µ ( s v r µ v Ì](https://img.pdfslide.org/doc/110x75/6238bc62ab26824ba50f385e/-v-o-d-v-v-u-amp-v-v-p-v-.jpg)
![Gemeindebrief Mai-Aug 2015-Internet · µ ' ] u , < } v . u v v µ } v v v l v ] Z](https://img.pdfslide.org/doc/110x75/5faa46fe6adf00651e0bec8f/gemeindebrief-mai-aug-2015-internet-u-v-u-v-v-v-v-v-l-v-.jpg)
