Jose Dingcong vs Halim Kanaan

G.R. No. L-47033 – 72 Phil. 14 – Civil Law – Torts and Damages – Liability of proprietors

Jose Dingcong was the owner of a hotel in Iloilo. In 1933, a certain Francisco Echevarria rented a room in the upper floor of the hotel. The room he rented was immediately above the store occupied by the Kanaan brothers who are also tenants of the hotel. One night, Echevarria carelessly left his faucet open thereby flooding his room and it caused water to drip from his room to the store below. Because of this, the articles being sold by Kanaan were damaged. Apparently also, the water pipes supposed to drain the water from Echevarria’s room was defective hence the flooding and the dripping.

ISSUE: Whether or not Dingcong is liable to pay for the damages caused by Echevarria.

HELD: Yes. Dingcong as proprietor is liable for the negligent act of the guest of his hotel (Echevarria). It was not shown that Dingcong exercised the diligence of a good father in preventing the damage caused. The pipe should have been repaired prior and Echevarria should have been provided with a container to catch the drip. Therefore, Dingcong is liable to pay for damages by reason of his negligence.

Read full text