[No. 11154. March 21, 1916,]
E. MERRITT, plaintiff and appellant, vs. GOVERNMENT OF THE PHILIPPINE ISLANDS, def endant and
appellant.
1. Where the evidence shows that the plaintiff was wholly incapacitated for six months it is an error
to restrict the damages to a shorter period during which he was confined in the hospital.
2. The Government of the Philippine Islands having been "modeled after the federal and state
governments of the United States" the decisions of the high courts of that country may be used in
determining the scope and purpose of a special statute.
3. The state not being liable to suit except by its express consent, an Act abrogating that immunity
will be strictly construed.
4. An act permitting a suit against the state gives rise to no liability not previously existing unless it is
clearly expressed in the act.
5. The Government of the Philippine Islands its only liable for the negligent acts of its officers, agents,
and employees when they are acting as special agents within. the meaning of paragraph 5 of article
1903 of the Civil Code, and a chauffeur of the General Hospital is not such a special agent.
TRENT, J.:
a. A General Hospital Ambulance, upon reaching taft avenue, instead of turning on the left side
as prescribed under Motor Vehicle Act, turned suddenly and unexpectedly and long before
reaching the center of the street into the right side of the Taft Avenue without having
sounded any whistle or horn by which movement its struck the plaintiff who was already 6
feet from the southwestern point or from the post place there. This caused a collision
between the 2 which caused the petitioner’s injury.
ISSUE: whether the Government is legally-liable for the damages resulting from its employee’s
negligence.
RULING:
All admit that the Insular Government (the defendant) cannot be sued by an individual without
its consent.
SC held that the State (the Government of the Philippine Islands) is only liable for the acts of its
agents, officers and employees when they act as special agents within the meaning of paragraph
5 of article 1903 which expressed that when the employee performed acts not to its official duty.
Here, the chauffeur of the ambulance of the General Hospital was not such an agent.