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By: Atty. Jose Manolo V. Garcia Founding and Managing Partner (GERA LAW) Floods do not come from the heavens, they come from greed, neglect and the failure of duty. This 3-part series breaks down why we drown, who should be held responsible and why accountability is not optional. Part 3 No Escaping Responsibility. Accountability Is Not Optional Enough excuses. Enough finger-pointing. Accountability is not charity, it is justice. And when leaders fail, they must answer to the people they have abandoned. We cannot keep treating floods as random misfortunes. They are the predictable result of greed & negligence. And accountability is not optional, it is the only way communities can heal, rebuild & prevent the same tragedies from happening again. So what now? Are Filipinos forever condemned to mop up mud, junk their cars & shoulder repairs after every flood, while the real culprits sip wine on ill-gotten wealth? Ganun na lang ba palagi? A cycle of suffering for the people & a cycle of plunder for those in power? Again, floods in this country are not acts of God. They are the CAUSE OF THE CAUSE OF THE CAUSE, corruption disguised as public service, ghost projects paraded as flood control, billions pocketed by contractors, tongressmen & their nepo heirs. The proximate cause is negligence, the ultimate cause is greed. And the law is not blind to this. LGUs are suable. Contractors are suable. Public officials who conspire in plunder are suable. Under the Civil Code, negligence that causes damage is actionable. Under the Local Government Code, drainage & flood control are ministerial duties, not favors. And under every principle of justice, the government cannot shift the burden of its own failure to ordinary Filipinos already drowning in hardship. Accountability is not optional, it is a legal imperative. Why should the jeepney driver whose unit was submerged, the call center worker whose car loan now rusts in the garage, the sari-sari store owner whose goods floated away, pay the price of another’s theft? The government has funds, in fact, our funds. The people should not have to beg insurers or pawn belongings to repair what corruption destroyed. It is time to test the law, not just lament the loss. A class suit for damages, in the strict sense, may stumble, because each victim’s car, home, or livelihood loss is individualized. But a taxpayers’ suit? That is where the law bites. Under long standing jurisprudence, when public funds are misused or wasted, any taxpayer has the standing to sue, in behalf of all, to demand accountability & to stop the hemorrhage of corruption. Flood control funds are public funds. Their misuse is not only a political crime, it is a legal wrong every Filipino taxpayer has the right to challenge. Mga ordinary Pinoys should not be forever victims of engineered disasters. Tama na. Floodwaters may rise, but so will accountability. And when the people demand recompense in law, in court, in history, the defense of act of God will no longer save those whose acts of greed caused the deluge. We cannot afford silence. We cannot afford excuses. Accountability is not optional, it is the only way forward.
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By: Atty. Jose Manolo V. Garcia Founding and Managing Partner (GERA LAW) Floods do not come from the heavens, they come from greed, neglect and the failure of duty. This 3-part series breaks down why we drown, who should be held responsible and why accountability is not optional. Part 2 Ministerial Duty. Why Local Government Units Can Be Held Liable Flood control is not optional, it is the duty of the Local Government Units (LGUs). And when duty is ignored, lives and livelihoods are lost. The law is clear, flood control is a ministerial duty of local governments, not a favor. Negligence has legal consequences. When public officials fail to do what the law requires, they open themselves to liability because their failure costs lives, homes & futures. You can sue your city or municipality for vehicle damage from flooding. Local government units (LGUs) are suable. By law they have corporate personality and the power to sue and be sued. LGUs have a duty to manage drainage/flood control. The Local Government Code (LGC) makes drainage, sewerage & flood control projects part of basic LGU services. Supreme Court rulings have squarely said flood prevention is principally an LGU responsibility. The LGC establishes a ministerial/operational duty to plan, maintain, clear, warn & respond. A matter of causation plus damages. Under the Civil Code, one can recover damages for proven repair/replacement, towing, loss of use, etc. (insurer gets subrogation if it paid). These contractors/concessionaires, that built/maintained drains or flood control works, should be sued on quasi-delict and must have solidary liability among tortfeasors under Art. 2194 of the Civil Code. As regards the “who controls” test. For injuries & property damage (like cars), Art. 2189 and Art. 2176 of the Civil Code pin cities/municipalities when the public work was under their control/supervision. In City of Manila vs. Teotico (G.R. No. L-23052, January 29, 1968) it was held that the LGU is liable where defective public works under its control/supervision cause injury, ownership is not required. In Filinvest Land Inc. vs. Flood-Affected Homeowners of Meritiville Alliance (G.R. No. 165955, August 10, 2007) case, the SC underscored that flood control is primarily an LGU responsibility. In the landmark case, Municipality of San Fernando, La Union vs. Firme (G.R. No. 52179, April 8, 1991), the SC ruled on Suability vs. liability, immunity arguments do not save operational negligence. When leaders fail their duty, the law must not fail the people. Accountability starts with those sworn to protect us. by: Atty. Jose Manolo V. Garcia Founding and Managing Partner (GERA LAW) Floods do not come from the heavens, they come from greed, neglect and the failure of duty. This 3-part series breaks down why we drown, who should be held responsible and why accountability is not optional. Part 1 |
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