Napocor vs Court of Appeals

Napocor vs Court of Appeals (Napocor vs CA)

Facts: On Nov. 4, 1967, a typhoon called ¨Welming¨ hit Central Luzon passing through NAPOCOR´s Angat Hydro-Electric Project Dam in Bulacan. The water level had reach the danger height of 212 meters above sea level and abruptly opened the spillway gates. This action by NAPOCOR had an extraordinary large volume of water rushed and hit the installations and construction works of ECI (Engineering Construction, Inc.) a contractor of NAWASA for its tunnel in Bulacan. The negligent manner of opening the spillway gates by NAPOCOR had washed away, lost or destroyed ECI´s facilities and structures. NAPOCOR alleged that the destruction and loss was due to force majeure.

Issue: WON NAPOCOR is liable for the destruction.

Ruling: Petition Dismissed

Ratio: NAPOCOR cannot escape liability because it´s negligence was the proximate cause of the loss and damage even though the typhoon was an act of God. It was undoubtly negligent when it only opened the spillway gates at the height of typhoon ¨Welming¨ when it knew very well that it was safer to open it gradually. To be exempt from liability, NAPOCOR must be free from any previous negligence.