NAPOCOR v. C.A.

G.R. No. 96410 July 3, 1992
[Nocon, J.:]



Facts: NPC entered into a contract with private respondent, an engineering construction in constructing tunnel work. When a typhoon hit the project area causing water from dam to spill over, NPC opened the spillway gates of the dam only at the height of the typhoon. It caused the inundation of the towns neighboring the Angat Dam, particularly Norzagaray, Bulacan, at the height of the typhoon. It resulted to deaths and the loss and destruction of houses, farms, plants, working animals and other properties of the people residing nearby.


Issue: W/N petitioner is liable


HELD. Yes. NPC cannot escape liability because its negligence was the proximate cause of the loss and damage even though the typhoon was an act of God. It could have opened the gates at an earlier time, hence it has been negligent. But exemplary damages should not be awarded since there was no bad faith and gross negligence on the part of NPC.