City to pay damages for death of 2 minors in excavation accident

The city council approved last Wednesday a proposed resolution authorizing Mayor Tomas Osmeña to enter into a compromise agreement with the family of two minors who were buried alive when a portion of an excavation site in barangay Buhisan caved in sometime in January 1999.

The resolution, sponsored by councilor Augustus "Jun" Pe Jr., allowed the city government to pay the family of Wilson and John Carlo Nadela P125,000, which is equivalent to the amount for which the city is liable, as provided in a Court of Appeals decision. The amount will, however, be shared by the city government and barangay Buhisan.

Sometime in January 1999, an accident happened in Buhisan where brothers Wilson and John Carlo, who were playing on the site, were buried alive when a road being constructed there caved in. The road was part of the barangay road network.



The parents of the two boys sued the city and barangay Buhisan for damages and compensation for the death of their children and argued that the government was negligent in not placing signs and other safety measures in the area.

The court declared both the city of Cebu and barangay Buhisan liable and ordered both to pay more than P400,000 jointly.

The liability of barangay Buhisan, according to the court, was based on the fact that the barangay was the one that undertook the project, and should be responsible for the safety measures.

Meanwhile, the liability of the city government is based on the conclusion that the project is under its supervision, although the only participation of the city is the mere lending of heavy equipment to the project.

However, the city government and the barangay asked the Court of Appeals to partially reconsider the decision, and for the court to reduce the damages given to the city placed at around P200,000 - civil indemnity of P50,000 for each child, moral damages of P50,000 for each child and temperate damages of P25,000. - Garry B. Lao