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Dingcong vs. Canaan

The Kanaans operated a store on the ground floor of the Central Hotel owned by the Dingcong brothers. A hotel guest, Echevarria, negligently left a tap running overnight, causing water to leak through the floor and damage the Kanaans' merchandise. The Kanaans sued the Dingcong brothers and Echevarria. The court found Jose Dingcong liable as the hotel proprietor for failing to repair pipes and provide means to contain leaks, demonstrating negligence, while acquitting Echevarria. The appellate court reversed, finding Jose Dingcong responsible for damages caused by his guest's negligence.

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Pia Sarcon
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141 views1 page

Dingcong vs. Canaan

The Kanaans operated a store on the ground floor of the Central Hotel owned by the Dingcong brothers. A hotel guest, Echevarria, negligently left a tap running overnight, causing water to leak through the floor and damage the Kanaans' merchandise. The Kanaans sued the Dingcong brothers and Echevarria. The court found Jose Dingcong liable as the hotel proprietor for failing to repair pipes and provide means to contain leaks, demonstrating negligence, while acquitting Echevarria. The appellate court reversed, finding Jose Dingcong responsible for damages caused by his guest's negligence.

Uploaded by

Pia Sarcon
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Dingcong vs.

Canaan
72 Phil 14
Facts:
 Jose Dincong, with brother Loreto, established Central Hotel in the upper house of Emilia Saenz
located on Calle Jose Ma. Basa of the City of Iloilo.
 The Kanaans hoarded the ground floor of this hotel where they had established their "American
Bazaar" dedicated to the purchase and sale of articles and items.
 One Francisco Echevarria occupied Room No. 10 of Central Hotel, paying P30 per month. At night
on September 19, 1933, Echevarria, retiring to bed, carelessly left open the tap that gave on an
ordinary basin without drainage and as the hotel pipes at that time were under repair, the water
from the pipe to run through the floor and seep downwards, wetting the plaintiffs' articles and
merchandise.
 Kanaans filed an action against the brothers and Echevarria.
 CFI dismissed the case regarding Loreto Dingcong for having died, and sentenced Francisco
Echevarria, acquitting Jose Dingcong.
 CA reversed the decision of CFI, declared Jose Dingcong responsible and ordered him to pay the
plaintiffs the amount of damages caused to them.

Issue:

WON Jose Dingcong should be held liable.

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.

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