Practice question
A public entity lawfully operates a dam but negligently fails to perform an established water-management duty. The breach proximately causes proved flooding damage. The entity argues that having a lawful public mandate necessarily makes all resulting harm damnum absque injuria. Which answer accords with Sanggacala?
- A public mandate necessarily eliminates every duty of care
- Lawful authority to operate does not excuse the established negligent breach; the doctrine does not apply merely because the general activity is authorized
- Every public project creates strict liability for all nearby losses
- The farmers must prove ownership of the dam
- A public entity can never cause legal injury
Legal references
- Civil Code Articles 19–21 and 2176: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
- Sanggacala v. National Power Corporation, GR 209538, July 7, 2021, main decision: https://lawphil.net/judjuris/juri2021/jul2021/gr_209538_2021.html
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