Dingcong vs. Kanaan

A co-lessee and manager who has complete possession of the upper floors of a building is liable under Article 1910 of the Civil Code for damages caused by things thrown or falling from those premises, and the failure to exercise the diligence of a good father of the family to prevent the harm makes him responsible even if a hotel guest's carelessness was the immediate cause.

Loreto and Jose Dingcong were co-lessees of the upper floors of Emilia Saenz's house on Calle Jose Ma. Basa in Iloilo City, where they established the Central Hotel; Jose served as manager. The Kanaan brothers operated the American Bazar on the ground floor of the same building. The case turns on the Civil Code's rule governing a possessor's liability for damage caused by things thrown or falling from the premises.

Loreto and Jose Dingcong, brothers, were co-lessees of the upper floors of Emilia Saenz's house on Calle Jose Ma. Basa in Iloilo City, where they established the Central Hotel. Jose Dingcong served as manager. Francisco Echevarria occupied room No. 10 of the hotel for a monthly payment of P30. The Kanaan brothers—Halim, Nasri, and Michael—occupied the ground floor of the same building, where they operated the American Bazar, a business engaged in buying and selling articles and merchandise.

At around 11:00 p.m. on September 19, 1933, Echevarria, upon retiring to bed, carelessly left open the faucet over an ordinary washbasin that had no drain. The hotel's pipes were then under repair. When water ran through the pipes at midnight, it spread over the floor, seeped through the flooring, and wet the articles and merchandise in the American Bazar below.

The Kanaan brothers, in the name of the American Bazar, brought an action for damages against Loreto Dingcong, Jose Dingcong, and Francisco Echevarria. The Court of First Instance estimated the loss caused to the American Bazar at P1,089.61.

• Liability of Co-Lessee/Manager: Whether Jose Dingcong, as co-lessee and manager with complete possession of the upper floors of the house, is liable under Article 1910 of the Civil Code for damages caused by water escaping from the hotel premises and damaging the American Bazar.
• Diligence of a Good Father of the Family: Whether Jose Dingcong exercised the diligence of a good father of the family to prevent the damage, considering that he knew the pipes were under repair and that the hotel guest could use the faucet.

• Liability of Co-Lessee/Manager: Yes. As co-lessee and manager with complete possession of the upper floors, Jose Dingcong must answer for damages caused by things thrown or falling from the premises under Article 1910 of the Civil Code.
• Diligence of a Good Father of the Family: No. He failed to exercise the required diligence because, knowing the pipes were under repair, he did not provide a receptacle with a drain and merely placed a basin under the faucet, allowing water to spread.

• Liability of Co-Lessee/Manager: Article 1910 makes the possessor of a building liable for damages caused by things thrown or falling from it. Jose Dingcong was a co-lessee and manager of the Central Hotel with complete possession of the upper floors. The water that damaged the American Bazar originated from those upper floors. Although Francisco Echevarria, a hotel guest, directly caused the overflow by leaving the faucet open, that did not remove Jose's liability under the provision. The Court thus affirmed the Court of Appeals' holding that Jose must pay the damages estimated by the trial court.
• Diligence of a Good Father of the Family: The Court found that Jose did not practice the diligence of a good father of the family to prevent the damage. He knew the pipes were under repair and that damage could result. He should have presumed that Echevarria could use the faucet, yet he did not provide a receptacle with a drain; he only placed an ordinary basin underneath. When the basin filled, the water spread over the floor and seeped into the American Bazar below. His failure to take adequate preventive measures made him responsible.

• Article 1910 Liability of the Possessor of a Building — Under Article 1910 of the Civil Code, the possessor of a building is liable for damages caused by things thrown or falling from it. The Court applied this to Jose Dingcong as co-lessee and manager with complete possession of the upper floors of the Central Hotel, holding him liable for water that escaped from the hotel and damaged the American Bazar below.
• Diligence of a Good Father of the Family — A person sought to be held liable for damage caused by things under his possession must exercise the diligence of a good father of the family to prevent the harm. The Court found Jose Dingcong failed this standard because he knew the pipes were under repair, foresaw that a guest could use the faucet, and still provided only a basin without a drain, which overflowed and caused the damage.
• Concurrent Liability of the Direct Tortfeasor and the Possessor — The direct negligence of a hotel guest in leaving the faucet open did not absolve the co-lessee and manager who had possession and control of the premises. The Court held Jose Dingcong responsible notwithstanding Echevarria's direct careless act.

• "Siendo Jose Dingcong coarrentatario y manager del hotel, con completa posesion de los altos de la casa, debe responder por los daños causados por las cosas que se arrojaron o cayeron de la misma (articulo 1910 del Codigo Civil)." — The Court states the basis for holding the co-lessee and manager liable under Article 1910 for damage caused by things from the upper floors.
• "Jose Dingcong, por otra parte, no practico la diligencia de un buen padre de familia para prevenir estos daños, no obstante de que sabia que podian causarse por estar entonces en reparacion las tuberias, pues, debiendo presumir que Echavarria podia usar el grifo no le proveyo de algun recipiente con desague, y si solo puso debajo del mismo una palangana que, al llenarse, hizo que el agua se esparciera por el suelo." — This passage sets out the Court's finding that Jose Dingcong failed the diligence standard and explains the facts establishing his negligence.
• "Se confirma la decision apelada, con las costas al apelante." — The dispositive portion affirms the Court of Appeals' decision and imposes costs on the appellant.

• Article 1910, Civil Code — The Court cited this provision as the basis for the liability of Jose Dingcong, as co-lessee and manager with complete possession of the upper floors, for damages caused by things thrown or falling from the premises. The Court applied it to the water that escaped from the hotel room and damaged the American Bazar below.

Imperial, Diaz, Laurel, and Horrilleno, JJ., concurred. Moran, J., took no part.