Professional Documents
Culture Documents
Torts Pineda QA UP PDF
Torts Pineda QA UP PDF
Can the hospital be held liable for the fault or negligence of the physician in the treatment or operation of patients?
Professional Servcices Inc v. Agana in Ramos v. CA, for purposes of apportioning responsibility in medical
negligence cases, an employer-employee relationship in effect exists between hospitals and their attending
and visiting physicians. Moreover, the hospitals liability is also anchored upon the agency principle of
apparent authority or agency by estoppels and the doctrine of corporate negligence which have gained
acceptance in the determination of a hospitals liability for negligent acts of health professionals.
May the subsidiary liability of parents arising from the Criminal Acts of their minor children who acted with
discernment be determined under Art2180 of the Civil code?
Yes. It held that A2180 applies to an action for damages filed by the parents of a minor child who was
maliciously killed by another boy below eighteen. This rule avoids the absurdity that while A2180 applies
to quasi-delicts it would not apply to damages caused with criminal intent (Salen v. Balce)
Can labor arbiters or NLRC entertain and decide claims for damages?
Yes. Under Art. 217 of RA 6715, the jurisdiction of labor arbiters and the NLRC is comprehensive enough to
include the claims for all forms of damages arising from the ER-EE relations (Baez v. Valdevilla)
Can both Actual (Damnum Emergens) and compensatory damages (Lucrum Cessans) be granted at the same time
to the plaintiff?
Yes. RCPI v. CA: In respect to compensatory and actual damages, it is not entirely erroneous to grant both
items of damages. They were so awarded in MD Transit v. CA. True, compensatory and actual damages are
dealt with in the Civil Code under the same Chapter 2 thereof and that the two other terms are used therein
as equivalent to one another. However, as provided for in Art. 2200 of the Civil Code, which is part of the
aforementioned Chapter 2, indemnification for damages shall comprehend not only the value of the loss
suffered, or actual damages (damnum emergens), but also that of the profits which the obligee failed to
obtain, or compensatory damages (lucrum cessans). In other words, there are two components to actual or
compensatory damages.
Will the amount of attorneys fees affect the jurisdiction of the court?
No. If the claim is pursued in the very action where the services were rendered, the court may pass upon
the said claim, even if its amount were less than the minimum prescribed by law for the jurisdiction of the
said court, upon the theory that the right to recover attorneys fees is but an incident of the case in which
the services of counsel have been rendered. It also rests on the assumption that the court trying the case is
to certain degree already familiar with the nature and extent of the lawyers services. The rule against
multiplicity of suits will in effect be subserved (Pan Pacific Co v. Advt. Corp.)
It depends on the specific basis relied upon. In ABS-CBN Broadcasting Corpoation v. CA, the Supreme Court
held, The award of moral damages cannot be granted in favor of a corporation because, being an artificial
person and having existence only in legal contemplation, it has no feelings, no emotions, no senses, It
cannot, therefore, experience physical suffering and mental anguish, which call be experienced only by one
having a nervous system. The statement in People v. Manero and Mambulao Lumber Co. v. PNB that a
corporation may recover moral damages if it "has a good reputation that is debased, resulting in social
humiliation" is an obiter dictum. On this score alone the award for damages must be set aside, since RBS is a
corporation.
It is therefore clear that if a corporation bases its claims for moral damages on physical sufferings or
mental anguish, fright, serious anxiety, wounded feelings, mental shock, social humiliation and similar
internal injury, the corporation cannot be awarded with moral damages for the obvious reason that an
artificial person cannot suffer such internal feelings for lack of a nervous system
However, if the corporation is basing its claim for moral damages on sufferance of besmirched reputation,
then it is entitled to moral damages if warranted by the evidence. It is, however, essential that it enjoys a
good reputation
When can an employer be liable for exemplary damages for the acts of his employee?
As a rule, no. A principal or master can be held liable for exemplary or punitive damages based upon the
wrongful act or has previously authorized or subsequently ratified it, with full knowledge of the facts.
Exemplary damages punish the intent and this cannot be presumed on the part of the employer merely
because of the wanton, oppressive or malicious intent on the part of the agent. (Munsayac v. de Lara)
Can the agency of the State be subjected to temperate and exemplary damages?
The court finds it proper to award temperate and exemplary damages in light of NIAs misuse of its power
of eminent domain any arm of the state that exercises the delegated power of eminent domain must wield
that power with circumspection and utmost regard for procedural requirements (Republic v. CA, 454 SCRA
516)
Is it necessary that the aggravating circumstance/s be alleged in the information to justify a grant of exemplary
damages?
Decisions are conflicting. But the better rule (at least according to Pineda) is that notwithstanding the
failure to allege the aggravating circumstances, the proven presence thereof is still material in the
determination of exemplary damages to be awarded to the complainant (PP v. Legaspi)