Council rejects help for biker who hit manhole

CEBU - The Cebu City Council has rejected the request for financial assistance from the family of a bicyclist who was killed when he accidentally hit an exposed cover of a manhole of a drainage that is undergoing repair.

Councilor Joey Daluz III, chairman of the City Council finance and budget committee, said the family of Sabas Luban is requesting for financial assistance from the city because the accident was caused by a city project.

The committee, whose members include Councilors Nestor Archival, Christopher Alix, Richard Osmeña and Lea Ouano-Japson, said the city cannot be held liable for the incident.

Daluz believes that Jegma Construction, which undertook the repair work of the drainage, is the one that could be held liable for Luban’s death.

“Jegma Construction who undertook repairs of the manhole cover of the drainage system during the warranty, failed to inform the office verbally or in writing that they have started the job,” Daluz said.

According to the committee, there is a need to go over the contract between the city and Jegma Construction to determine the extent of the firm’s possible liability.

Should the firm is liable for the death of Luban, the committee said the city would just assist the victim’s family in pursuing its claim from the construction company.

“It is the opinion of the committee that the city of Cebu is not liable for the death the victim though tragic and deplorable it maybe, for which reason it should not favorably act on the request for financial assistance, so as not to set a precedent that would make the city liable for similar claims in the future,” Daluz explained. — Rene U. Borromeo/LPM (THE FREEMAN)