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According to the decision of the Court of Appeals Court, the brothers Loreto

Dingcong and Jose Dingcong are coarrentadarios of the highs of the house of Emilia
Saenz located in the Jose Ma. Street of the City of Iloilo, where they established the
Central Hotel, being the First the owner and the last manager. The defendant
Francisco Echevarria occupied, by payment of P30 a month, the fourth No. 10 of
said hotel. The applicants acupaban, in turn the lows of this hotel where they had
established their "American Bazaar" dedicated to the purchase and sale of articles
and warnings. About eleven o'clock on the night of September 19, 1933, when
Echevarria retired to bed, he left the faucet open unobtrusively on an ordinary basin
without drainage. As the pipes of the hotel at that time were under repair, when at
midnight the water discharged through the pipes, scattered on the floor, piercing
and wetting the articles and warnings on the ground in the establishment "American
Bazaar," causing a Lost, which the Court of First Instance estimated at P1,089.61.

This action was brought by Halim Kanaan, Nasri Kanaan and Michael Kanaan in the
name of the American Bazaar against Loreto Dingcong, Jose Dingcong and Francisco
Echevarria for damages caused to the plaintiffs. The Jusgado dismissed the case as
far as Loreto Dingcong for having passed away, and I condemn Francisco
Echevarria, acquitting Jose Dingcong. The plaintiffs appealed this decision as soon
as Jose dingcong acquitted him. The Court of Appeals, reversing the decision of the
Court of First Instance, declared Jose Dingcong liable and ordered him to pay the
claimants the amount of damages caused to them as estimated by the Court. It is
now before this Court, through certiorari, appeal of this decision of the Court of
Appeals.

Jose Dingcong being co-owner and manager of the hotel, with full possession of the
highs of the house, must respond for the damages caused by the things that were
thrown or fell of the same (article 1910 of the Civil Code). Francisco Echevarria was
a guest of the hotel and was the one who, by his negligence, left the faucet open,
allowed the water of the pipe to flow down the floor and seep into the ground,
wetting the articles and goods of the plaintiffs. Jose Dingcong, on the other hand,
did not practice the diligence of a good father of family to prevent this damage,
although he knew that they could be caused by the repair of the pipes, since,
presumably, Echavarria could use the faucet. Provided some container with
drainage, and if only put under it a basin that, when filled, caused the water to
spread on the floor.

The decision appealed is confirmed, with the costs to the appellant.

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