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TORTS & DAMAGES promissory note.

TEMPERATE DAMAGES may be awarded
Collapse of Structures; Last Clear Chance (1990) only when the court finds that some pecuniary loss has been
Mr and Mrs R own a burned-out building, the firewall of which suffered but its amount cannot, from the nature of the case, be
collapsed and destroyed the shop occupied by the family of Mr proved with certainty. (Article 2224, Civil Code)
and Mrs S, which resulted in injuries to said couple and the 5) Yes, under paragraph 2, Article 2208 of the Civil Code,
death of their daughter. Mr and Mrs S had been warned by Mr considering that Nonoy's act or omission has compelled Raffy
& Mrs R to vacate the shop in view of its proximity to the to litigate to protect his interests. Furthermore. attorneys' fees
weakened wall but the former failed to do so. Mr & Mrs S filed may be awarded by the court when it is just and equitable.
against Mr and Mrs R an action for recovery of damages the (Article 2208(110) Civil Code).
former suffered as a result of the collapse of the firewall. In
defense, Mr and Mrs R rely on the doctrine of last clear chance Damages arising from Death of Unborn Child (1991)
alleging that Mr and Mrs S had the last clear chance to avoid On her third month of pregnancy, Rosemarie, married to Boy,
the accident if only they heeded the former’s warning to vacate for reasons known only to her, and without informing Boy, went
the shop, and therefore Mr and Mrs R’s prior negligence to the clinic of X, a known abortionist, who for a fee, removed
should be disregarded. If you were the judge, how would you and expelled the fetus from her womb, Boy learned of the
decide the case? State your reasons. abortion six (6) months later.
1987 Constitution which reads;
SUGGESTED ANSWER: The State x xx shall equally protect the life of the mother
I would decide in favor of Mr & Mrs S. The proprietor of a and the life of the unborn from conception, "xxx" which
building or structure is responsible for the damages resulting he claims confers a civil personality on the unborn from
from its total or partial collapse, if it should be due to the lack of the moment of conception.
necessary repairs (Art 2190 Civil Code) Boy filed a case for damages against the abortionist, praying
As regards the defense of “last clear chance,” the same is not therein that the latter be ordered to pay him: (a) P30,000.00 as
tenable because according to the SC in one case (De Roy v indemnity for the death of the fetus, (b) P100.000.00 as moral
CA L-80718, Jan 29, 1988, 157 S 757) the doctrine of last damages for the mental anguish and anxiety he suffered, (c)
clear chance is not applicable to instances covered by Art 2190 P50,000.00 as exemplary damages, (d) P20,000.00 as
of the Civil Code. nominal damages, and (e) P25,000.00 as attorney's fees. May
CIVIL LAW Answers to the BAR as Arranged by Topics (Year actual damages be also recovered? If so, what facts should be
1990-2006) alleged and proved?
Further, in Phoenix Construction, Inc. v. Intermediate
Availing of that portion of Section 12 of Article II of the SUGGESTED ANSWER:
Appellate Court (G.R. L-65295, March 10, 1987. 148 SCRA Yes, provided that the pecuniary loss suffered should be
353) the Supreme Court held that the role of the common law substantiated and duly proved.
"last clear chance" doctrine in relation to Article 2179 of the Damages arising from Death of Unborn Child (2003)
Civil Code is merely to mitigate damages within the context of If a pregnant woman passenger of a bus were to suffer an
contributory negligence. abortion following a vehicular accident due to the gross
negligence of the bus driver, may she and her husband claim
Damages (1994) damages from the bus company for the death of their unborn
On January 5, 1992, Nonoy obtained a loan of Pl,000,000.00 child? Explain. 5%
from his friend Raffy. The promissory note did not stipulate any
payment for Interest. The note was due on January 5, 1993 but SUGGESTED ANSWER:
before this date the two became political enemies. Nonoy, out No, the spouses cannot recover actual damages in the form of
of spite, deliberately defaulted in paying the note, thus forcing indemnity for the loss of life of the unborn child. This is
Raffy to sue him. 1) What actual damages can Raffy recover? because the unborn child is not yet considered a person and
2) Can Raffy ask for moral damages from Nonoy? 3) Can Raffy the law allows indemnity only for loss of life of person. The
ask for nominal damages? 4) Can Raffy ask for temperate mother, however may recover damages for the bodily injury
damages? 5) Can Raffy ask for attorney's fees? she suffered from the loss of the fetus which is considered part
of her internal organ. The parents may also recover damages
SUGGESTED ANSWER: for injuries that are inflicted directly upon them, e.g., moral
1) Raffy may recover the amount of the promissory note of P1 damages for mental anguish that attended the loss of the
million, together with interest at the legal rate from the date of unborn child. Since there is gross negligence, exemplary
judicial or extrajudicial demand. In addition, however, damages can also be recovered. (Gelus v. CA, 2 SCRA 801
inasmuch as the debtor is in bad faith, he is liable for all [1961])
damages which may be reasonably attributed to the non-
performance of the obligation. (Art. 2201(2). NCC). Death Indemnity (1994)
2) Yes, under Article 2220, NCC moral damages are Johnny Maton's conviction for homicide was affirmed by the
recoverable in case of breach of contract where the defendant Court of Appeals and in addition, although the prosecution had
acted fraudulently or in bad faith. not appealed at all. The appellate court increased the
3) Nominal damages may not be recoverable in this case indemnity for death from P30,000.00 to P50,000.00. On his
because Raffy may already be indemnified of his losses with appeal to the Supreme Court, among the other things Johnny
the award of actual and compensatory damages. NOMINAL Maton brought to the high court's attention, was the increase of
DAMAGES are adjudicated only in order that a right of the indemnity imposed by the Court of Appeals despite the clear
plaintiff, which has been violated or invaded by the defendant fact that the People had not appealed from the appellate
may be vindicated or recognized, and not for the purpose of court's judgment. Is Johnny Maton correct?
indemnifying the plaintiff for any loss suffered by him. (Article
2231. Civil Code) SUGGESTED ANSWER:
4) Raffy may ask for, but would most likely not be awarded a) In Abejam v. Court of Appeals, the Supreme Court said that
temperate damages, for the reason that his actual damages even if the issue of damages were not raised by the appellant
may already be compensated upon proof thereof with the in the Court of Appeals but the Court of Appeals in its findings

the the conviction of homicide had been appealed. If the civil action is based on a quasi-delict the upgrade. Under Section 1 of Rule moral damages for such breach of contract because the facts 111 of the 2000 Rules on Criminal Procedure. The should apply. DT could have avoided the alleged injury by requesting the airline staff to do the luggage transfer as a ALTERNATIVE ANSWER: matter of duty on their part. over their objections. may recover moral damages if the cause of action is based The failure to make a reservation in the criminal action is not a The action may or may not prosper. Need for Reservation (2003) for actual and moral damages? Why or why not? Explain As a result of a collision between the taxicab owned by A and briefly. although civil action for damages against them? Why there is a breach of contract. what is “deemed of the problem do not show bad faith or fraud on the part of the instituted” with the criminal action is only the action to recover airline. Liability. obviously beyond the authorized limit in the area. causing severed damage to the occasioned by the transfer of luggage was caused by fault or care and serious injuries to its passengers. 399 SCRA 207 [2003]). In their defense. Hence. X later filed a criminal action computer to First Class for the flight to Manila because the against both drivers. reservation is necessary. (2%) liability arising from the crime and the judgment on the crime has not yet become final SUGGESTED ANSWER: c) Yes. injured passengers sued Orlando and Diego for damages b) No. They said they had guests in from liability for damages to X? Reason. when the stewardess SUGGESTED ANSWER: allegedly threatened to offload them if they did not avail of the It depends. father of a family in the selection and supervision of the driver. X. the airline for a million pesos in damages. was seriously injured. however. Mechanical defects of a motor vehicle do not constitute arising from the criminal offense. damages. Orlando and Diego 1990-2006) contend that the sudden malfunction of the van’s brake system is no finality in the amount of indemnity because the civil is a fortuitous even and that. After arrival in Manila. food. There is also no basis to award No. or on quasi-delict. liability had become final. Is this contention tenable? Explain. suddenly gained ALTERNATIVE ANSWER: speed. 2002). CA . the couple were assigned As a result of a collision between the taxicab owned by A and seats in Business Class for which they had bought tickets. they are exempt from A van owned by Orlando and driven by Diego. they civil actions under Articles 32. 33. DT and MT are entitled to actual damages only for such pecuniary losses suffered by them as a SUGGESTED ANSWER: result of such breach. to First Class because they had for damages against both taxicab owners before he can file a contracted for Business Class passage. they demanded an apology from FX’s management as well as if the action against them is based on culpa contractual or civil indemnity payment. 34 and 2176 of the New Civil Code are no longer “deemed instituted”. the rule that a party cannot fortuitous event. offload them if they did not avail of the upgrade. and may be filed CIVIL LAW Answers to the BAR as Arranged by Topics (Year separately and prosecuted independently even without any 1990-2006) reservation in the criminal action (Section 3. 145391. causing the van to go even faster and CIVIL LAW Answers to the BAR as Arranged by Topics (Year eventually to hit the car in front of it. (2004) DT and MT were prominent members of the frequent travelers’ Defense. they were told they were upgraded by taxicab. Moreover. Mechanical Defects (2002) negotiating a downhill slope of a city road. they sued liability arising from a crime. If the separate civil action is to recover damages incurred such pecuniary loss. However. (Cathay Pacific v. X. (5%) another taxicab owned by B. and If it can be proved that DT's pain in his arm and wrist bumped a car in front of it. it was error for the Court of Appeals to failure to maintain the vehicle in safe running condition have expanded the indemnity since the judgment on the civil constitutes negligence. but during the transfer of luggage taxicab owners may raise the defense of diligence of a good DT suffered pain in his arm and wrist. while any liability. Since the civil indemnity is an award in the civil action No. The car owner and the findings of the Court of Appeals. FX Airlines committed breach of contract when it upgraded DT Is it necessary for X to reserve his right to institute a civil action and MT. When none was forthcoming. since the presence of such defects would be granted affirmative relief unless he himself has appealed have been readily detected by diligent maintenance check. they are not entitled to actual contractual. Courts can review matters not assigned as errors. a passenger of the first checking in. If the in DT's arm and wrist resulted directly from the carrier's acts civil action against the taxicab owners is based on culpa complained of. 5% Business Class they should attend to. a passenger of the first taxicab. Business Section was overbooked. Diego claims upon appeal to the Appellate Court. X later filed a criminal action SUGGESTED ANSWER: against both drivers.increased the damages. May both taxicab owners raise the defense of due diligence in Both refused to transfer despite better seats. Laroya GR No. d) No. Since as he stepped on the brakes to check the acceleration. civil liability arising from the crime or ex delicto. In Hongkong. Therefore. Thus they gave in. They felt humiliated. was seriously injured. On another taxicab owned by B. Fortuitous Event. embarrassed and vexed. Non-Performance of an Obligation (Hydro Resource vs. there brakes locked. August 26. however. Rule 111. Due Diligence in Selection (2003) club of FX Airlines. Moral damages include waiver of the right to file a separate and independent civil on Article 21 of the Civil Code for the humiliation and action based on these articles of the New Civil Code embarrassment they felt when the stewardess threatened to (Casupanan v. such reservation is not necessary. All the other However. There is no showing that the pain arising from the criminal act. beverage the selection and supervision of their drivers to be absolved and other services in First Class. Orlando was not in . There seems to be no showing that they It depends. Vazquez. the court acquired that the downhill slope caused the van to gain speed and that. therefore. jurisdiction over the entire case. the contention of the accused is not correct because caused by Diego’s negligence. Is the airline liable Filing of Separate Civil Action. the Supreme Court will not disturb the the car at the time of the incident. criminal as well as civil. 204 SCRA 309). they cannot raise the defense. there is no need for reservation. Ibid). Airline Company.

moral damages may be recovered if they are the Quezon Avenue. 60501. 2176 and 2180 of the Civil Code is particular flight. In Alitalia employer in both instances? SUGGESTED ANSWER:: Airways v. No. his driver of ten years whom he had chosen ALTERNATIVE ANSWER: carefully and has never figured in a vehicular mishap. as well as attorney's fees. Employer. Damage caused by Employees (1997) exemplary damages. In such a case the liability does not include moral and exemplary SUGGESTED ANSWER: damages. 127957. wounded feelings. Court of Appeals. (a) The employer's liability for damage based on culpa when an airline issues ticket to a passenger confirmed on a aquiliana under Art. upgraded their tickets to first class without their consent and. to be entitled thereto. Although incapable of pecuniary Marcial did not notice that they were approaching the corner of computation. who does not know how to drive. February 21. and a Jeepney full of guilty of fraud or bad faith or where the mishap resulted in the passengers suddenly crossed the car's path. Non-Performance of an Obligation 2001) Moreover. but Airlines breached the contract. 2219 (10) if the cause of action is based on Article 21 or an act Thus. Ltd. 111080. No. be primary and when would it be subsidiary in ALTERNATIVE ANSWER: nature? b) Would the defense of due diligence in the selection Yes. fraudulent or malevolent manner. For the indignity and inconvenience of being refused the 1990-2006) confirmed seat. has always been driven by Ben. 2234. Juliano. Almeda are prominent citizens of the country and damages. One day. When the airline subsidiary. or done in wanton. February 21. Sps. they demanded a written apology attorney's fees. . May Marcial be held liable? Explain. it could be liable for moral. and Mrs. 72 Phil. 94). 2000. 77011. inspite of their protestations to be allowed to remain in the 127957. if the involuntary upgrading of the Almedas' damages may be recovered. G. be held solidarily business class ticket with Pinoy Airlines. Court of Appeals (G. 1993) Where there is no jeepney passengers were seriously injured. Ben suddenly stepped on the gas to cross the intersection Moral damages predicated upon a breach of contract of before the traffic light could turn red. A suit for damages showing that the airline acted fraudulently or in bad faith. 103 of the Revised Penal Code is expects that he would fly on that day. deliberately overbooked. As a result. the traffic light changed. actual In the instant case. The airline may be liable for moral damages pursuant to Art.R. A collision death of a passenger. (Cathay Pacific Airways. Since No. Pinoy Airlines attorney's fees be eliminated. Article 2201 of the Civil Code and entitles the person to recover damages which may be supervision of the employee be available to the attributed to non-performance of an obligation. July 24. a contract of carriage arises and the passenger primary.negligence on the part of the airline's stewardess. it took the risk of having to deprive some passengers of their seat in case all of them would show CIVIL LAW Answers to the BAR as Arranged by Topics (Year up. But. 2001) The most that can be adjudged in business class so that they could be with their friends. the parties had foreseen or could have reasonably foreseen. (b) The defense of diligence in the selection and In the given problem. Airline Company. v. spouses Almeda had a booked roundtrip the vehicle at the time of the accident. the owner who is in the vehicle is not liable with the driver if by the exercise of due diligence he could have prevented the injury. said passenger is entitled to moral damages. (Orosa v. based on culpa aquiliana was filed against Marcial and Ben. where they are holders of Gold Mabalos exemplary damages are eliminated. On their return flight. Court of between the two vehicles was inevitable. or compensatory Dr. they their favor for Pinoy Airlines' breach of contract is an award for were told that the business class was already fully booked. Marcial was riding at the back seat of his Mercedes Benz being besmirched reputation. when the traffic light had just turned yellow. Daniel & Maria Luisa Vasquez. Therefore.R. Marcial may not be liable because under Art. the action will prosper. January 8. in case of overbooking. proximate result of the defendant's wrongful act or omission. several Appeals. so must the award for Class Frequent Flier cards. fright.R. from Pinoy Airlines. Penal Code (Yumul vs. social driven along EDSA by Ben. the award of moral damages has no leg to stand on. while that under Art. (Art. temperate.R. G. liability for damages is limited to the natural and probable seeking to hold them jointly and severally liable for such consequences of the breach of the contract of carriage which injuries. and nominal damages under Article 2221 of the Civil Code. Liability. Civil Code) Since the Almedas are not are frequent travelers abroad. seat accommodation was not attended by fraud or bad faith. March 5. No. (5%) by an employee in the performance of his assigned tasks. physical suffering. owner who was in the vehicle (1996) spouses Almeda are entitled to damages. 2184. the claimant must first (2005) establish his right to moral. Pan American (G. April 5. Will the action a) When would an employer's liability for damage. 1973). 1990). exemplary as well as Upon their return to Manila. Court of Appeals. and similar injury. No. if spouses Almeda could prove that there was bad attendants. Midway in carriage are recoverable only in instances where the carrier is the intersection. they booked round-trip entitled to any of these damages. they were forced to take the flight at the first class faith on the part of Pinoy Airlines when it breached the contract section apart from their friends who were in the business class. G. G. As ruled in not to those subsidiarily liable under Article 103 of the Revised Zulueta v. When their tickets supervision of the employee under Article 2180 of the Civil were upgraded to first class without their consent. NCC. No. caused prosper? Give reasons. Absorbed in reading a book. No. humiliation. March 14.R.R. serious anxiety.R. It is a requisite in the grant of exemplary damages MT when they were separated from their guests and were that the act of the offender must be accompanied by bad faith threatened to be offloaded. the award for exemplary business class tickets for the Manila-Hong Kong-Manila route damages has no legal basis. (Morris v. 150843. Liability. moral shock. airline is in bad faith. 2003) they were embarrassed at the discussions with the flight However. mental anguish. elite members/holders of Gold Mabalos Class cards. the couple sued Pinoy Airlines for breach of contract claiming moral and Liability. spouses would not also be entitled to exemplary contrary to morals in view of the humiliation suffered by DT and damages. (Cathay that they were given priority in upgrading because they are Pacific Airways v. G. Marcial. When it went unheeded. too late. of carriage. L-28589. Morris v. Pinoy Code is available only to those primarily liable thereunder. Where the awards for moral and of the Pinoy Airlines. Court of Appeals. In 1996.

A Gallant driven by John and owned by Art. Mauler. after he has had a bus and a cargo truck owned by D. per se. The Supreme Court in Chapman vs. NCC). could have. Thus he failed to prevent his driver from attempting to beat the traffic light at the junction of Quezon SUGGESTED ANSWER: Avenue and EDSA. Both X and Y were passengers of the bus.The law does not require the owner to supervise the driver Moral Damages & Atty Fees (2002) every minute that he was driving. moral damages may be recovered in the cases specified therein several of which are SUGGESTED ANSWER: enumerated below. Underwood and Manlangit v. Non-Recovery Thereof (2006) liable with his driver. Fabricato. Street. demands payment of the last 10% of ALTERNATIVE ANSWER: the contract despite its non-completion of the project. by the use of due dishonesty. In this case. Art may be held solidary liable with John. Does Ortillo have a legal basis for his claim for moral Marcial was negligent in that he rendered himself oblivious to damages? (2%) the traffic hazards by reading a book instead of focusing his B. X sustained physical reasonable opportunity to observe them and to direct that the injuries and Y died. owner who was in the vehicle (2002) Does the presence of the owner inside the vehicle causing (a) No. if the Malicious prosecution SUGGESTED ANSWER: Immorality and former. There is no doubt that the collision is due to unfounded civil action. who was in Moral Damages. and (b) attorney’s fees. agreed that the balance would be payable periodically after 250 SCRA 560). becomes himself responsible for such Both drivers were at fault. and without the owner having a reasonable vehicles. Ortillo counters with prevented it by the exercise of due diligence. presence of the owner for such a length of time that the owner. NCC makes an refuses to pay. prevented the misfortune. The traffic claims for (a) moral damages for Fabricato. Choose the case wherein you cannot Yes. 26 SCRA 410 [1968]). The act complained of must be continued in the answers. Plus damages. did not negligence. Can Art. Fabricato. Marcial should be held liable. Explain. 2164. the owner is solidary liable with his driver." SUGGESTED ANSWER: Liability. Instead. A. collided somewhere along Adriatico Civil Code. As a result of the accident. 1990-2006) Liability. Ortillo Yes. Ortillo accident would he be liable (Caedo v. the fact that the owner was every 10% performance until completed. without being a driver himself could have easily perceived as a reckless course of CIVIL LAW Answers to the BAR as Arranged by Topics (Year conduct. view of the large number of vehicles running at great speed. Inc. Inc. The law specifically mentions adultery or ALTERNATIVE ANSWER: concubinage.5%) a) A criminal offense that the former could have prevented the misfortune with the resulting in physical injuries b) Quasi-delicts causing physical use of due diligence. X can (Caedo v. makes his driver's act his own. Gina had a concussion. x x x" Article 2219 which can be the basis of an action for moral damages. D can raise the defense because his liability is based SUGGESTED ANSWER: on a quasi-delict. damages from both defendants? Give reasons for all your therefor. There is no legal basis to Ortillo’s claim for moral damages. invoking the stipulation that payment of the last owner of a motor vehicle solidarily liable with the driver if. Inc. Ytt Khe Thai. a) May the owner of the bus raise the defense of opportunity to prevent the act or its continuance. Inc. x x x On the other hand. by the use of due diligence. Article 2184 of the Civil Code states: "In injuries c) Immorality or dishonesty d) Illegal search e) motor mishaps. brings in the vehicle at the time of the mishap. to supply and install tile negligence. Inc. etc. for which it has been paid an lost the opportunity to prevent the accident through his additional 40% as per agreement. . are not among those cases enumerated in diligence. he could have suit for the entire 10%. if it was proven recover moral damages. Yu Khe Thai. How about his claim for attorney’s fees. damages against D. injures a having exercised the diligence of a good father of a family? b) person or violates the criminal law. It is also 410 citing Chapman v. Only when through his Ortillo contracts Fabricato. sued the owners of both negligence. or Quasi-Delict (1992) other vehicle. (Art. having hired a attention on the road and supervising the manner in which his lawyer to defend him? (3%) car was being driven. the owner is made solidarily liable with his driver if he (the owner) was in the vehicle and could (c) Because X suffered physical injuries. but not any and every immoral act. Underwood (27 Phil 374). John's negligence. 26 SCRA pays 50% of the contract price as per agreement. and permits his driver to continue in a violation of As the result of a collision between a public service passenger law by the performance of negligent acts. although present therein at the time the act was damages from both defendants? d) May Z claim moral committed is not responsible. which Marcial. Ortillo is entitled to attorney’s fees because Fabricato’s Subsequently. (2. 1. but as against the owner of the bus. complete the project due to its sudden cessation of operations. either civilly or criminally. who was in the vehicle. driver cease therefrom. the owner has lost an opportunity to prevent the materials in a building he is donating to his province. B. and so X and Z. Art. 2208 [4] and [11]. prevented the mishap. Gina. by a sudden act of legitimate child of the deceased Y.’s unfounded conditions along EDSA at any time of day or night are such as suit which has damaged his reputation as a philanthropist and to require the observance of utmost care and total alertness in respect businessman in his community. Fabricato. It depends. by his acquiescence. X can claim moral have. held: "An owner who sits in his automobile. the owner of the May D raise the same defense? c) May X claim moral automobile. In motor vehicle mishaps. John? (5%) Under Article 2219 of the Civil Code. The owner of the bus cannot raise the defense damage to a third party affect his liability for his driver’s because the carrier's liability is based on breach of contract negligence? Explain (2%) (b) Yes. owner who was in the vehicle (1998) A. if the driver. Gina brought an action for damages against complaint is a case of malicious prosecution or a clearly John and Art. the only heir and acts. After performing absorbed in reading a book does not conclusively show that he about 93% of the contract. and a Corolla It does not fall under the coverage of Article 2219 of the New driven by its owner. being amount 10% shall be upon completion.

1755. nor terminate her lease as long as she was paying her rent. She is also entitled to actual with a fish vendor in the course of buying foodstuffs for her damages. causing her to fall and she can prove at the trial. Even if there exists a contractual disconnected. teacher and administrator as they exercise special reputation. As payment. as given. while haggling for a lower price under Article 3220. 1992. She sued the landlord for actual and moral the carrier amounting to fraud.. 2176. c) Yes. Since he has a good The school. (2%) 21. paragraph 4 states that "the owners and managers of an IAC (137 SCRA 328). (5%) much as he wanted to. sustain injuries. 1756.R. Does Tony have Rent Control Law. recover moral damages under Art. g. the car dealer allowed him to immediately drive parental authority. 2206 and 2219. No. based on contract and/or on tort. In fact. fees can be claimed by Rosa. it was found that an employee of the bank SUGGESTED ANSWER: misplaced Tony's account ledger. June 3. "employers shall actual damages that she may have suffered on account be liable for the damages caused by their employees and thereof. Article 2180. based on quasi-delict under the human relations 1764. 1977) contract by the lessor. Explain. Tony issued a check drawn against his SUGGESTED ANSWER: current account with Premium Bank. adequate enjoyment of the lease for the entire duration of the Court of Appeals. he may also be held liable for quasi-delict. the landlord stopped making repairs on the Yes. Civil Code). aside from the persons who Moral damages are recoverable under Article 2219 caused injury to persons. When the car dealer deposited the check. 219 of the Family Code) sufficiently funded. 2180. and Under Article 2180. The lessor willfully breached his obligations under Article 1654. 218 and home the vehicle merely on his assurance that his check is Art. he is SUGGESTED ANSWER: liable for breach of contract. if any. branches in which the latter are employed or on the occasion 20 NCC and Art. Mismanagement of Depositor’s Account (2006) after their last class. The lessee tasks. and all actual damages which she may have c) A carpenter in a construction company accidentally hits the suffered by reason of such conduct under Articles 9. par. There is a fiduciary relationship . actual damages may be a) When a 7-year old boy injures his playmate while playing recovered if the lessee is able to prove the losses and with his father's rifle. NCC authorize the award of damages for of their functions. Explain." such willful and illegal conduct. Elcano v. e. Acts contrary to morals (1996) recovery of possession of the vehicle against Tony for which Rosa was leasing an apartment in the city. 2220 of the NCC. 7 in relation to Art. (2%) expenses she suffered. Although the action is based on following circumstances: quasi-delict and not on contract.claim moral damages only if X proves reckless negligence of breakdown. Later it turned out of a good father of the family to prevent the damage. NCC. No.R. 20 and 21) Quasi-Delict (2005) because the act committed by the lessor is contrary to morals. The difficulty of living without electricity and relationship between Tony and Premium Bank. 21. d) A 15-year old high school student stabs his classmate who is his rival for a girl while they were going out of the classroom Quasi-Delict. Because of the he was terribly humiliated and embarrassed. medical expenses. for quasi-delict may nonetheless prosper. damages. 5 of the Civil Code. The lessor has the playmate are liable under Article 219 of the Family Code. is available to them? (2%) was dishonored on the ground of "Account Closed. 20 and right foot of his co-worker with a hammer. par. Will the action prosper? Explain.. who else are liable under the (10) in relation to Article 21. NCC). Art. In order to force her to leave the SUGGESTED ANSWER: premises. (Art. (2%) Tony bought a Ford Expedition from a car dealer in Muntinlupa City. 85044. NCC. The dealer however. (2%) b) Yes. her landlord could not increase the rental as a cause of action against Premium Bank? Explain. Civil Code) check. Under the law on quasi-delict. SUGGESTED ANSWER: ALTERNATIVE ANSWERS: The parents of the 7-year old boy who caused injury to his a) Yes. Art. based on breach of contract. Explain. Explain. hence. Yes. the lessee may Employer of the domestic helper who slapped a fish vendor. slaps the fish vendor. on the authority of Magbanua vs. etc. an action running water resulted in Rosa's suffering a nervous Court has consistently ruled that the act that breaks the contract may also be a tort. (Tamargo v. contract (Article 1654. (d) Z can claim moral damages against both defendants SUGGESTED ANSWER: because the rules on damages arising from death due to a CIVIL LAW Answers to the BAR as Arranged by Topics (Year quasi-delict are also applicable to death of a passenger caused 1990-2006) by breach of contract by a common carrier (Arts. the bank erroneously The defense that might be available to them is the observance assumed that his account no longer exists. Thus. even though the former are not engaged in any business may recover moral damages under Article 2219 (10) in relation or industry. the lessee is entitled to moral damages b) When a domestic helper. The Supreme provisions of the New Civil Code (Articles 19. G. immediately filed an action for Quasi-Delict. L-24803. Since there was willful breach of G. considering that. (Last that Tony's account has more than sufficient funds to cover the par. For such breach. the action should prosper for both actual and moral SUGGESTED ANSWER: damages. even exemplary damages and attorney's The owner of the construction company. and caused the water and electricity services to be damages under Art. loss of income. And since the conduct of the lessor was contrary to household helpers acting within the scope of their assigned morals. which employer's family. in obligation to undertake repairs to make the apartment relation to Article 2180 of the Civil Code since they exercise habitable and to maintain the lessee in the peaceful and parental authority over the person of the boy. 2180." to Article 21. Tony may file an action against Premium Bank for apartment. the lessor's establishment or enterprise are likewise responsible for willful and illegal act of disconnecting the water and electric damages caused by their employees in the service of the services resulted in Rosa's suffering a nervous breakdown. May 26." After an investigation. it e) What defense. Hill.

72383. The insurance company was held liable even duty as such employee. OJ hit a pedestrian who was seriously injured and later died in the hospital as a CIVIL LAW Answers to the BAR as Arranged by Topics (Year result of the accident. there was no indication in the problem that he his assigned tasks when the accident happened [Valenzuela v. Peter belongs to a special category of also made liable under Art. the executive made as held by Supreme Court in Filamer Christian Institute vs. I would maintain the same answer because the incident did assigned to the executive by the employer for the prestige of not occur while the employee was in the performance of his the company. 253 SCRA 3O3 (1996)]. only one headlight of the vehicle was functioning and Peter In Castilex Industrial Corp. L-70766 negligent act of Alberto? Why? November 9. (1%) conviction of Peter would result in a subsidiary liability where SUGGESTED ANSWER: the defense would not be available by the employer. the defense of selection that they are under his control and supervision. . Vicarious Liability (2004) OJ was employed as professional driver of MM Transit bus ALTERNATIVE ANSWER: owned by Mr. American Express doing so. imposing utmost diligence After working overtime up to midnight. Videoke bar where he had some drinks and sang some songs he is entitled to damages (Singson v. Romano sued that the employee did some overtime work for the company. and supervision of the employee would be a valid defense. Alberto was using a service vehicle of the employer at the time Paul. BT. since the basis of subsidiary liability is the acts or omission the law makes him responsible on the theory pater familias rule under Art. 1988. Peter. 2180) because at the time he drove within the scope of his assigned tasks when the accident the vehicle. the regular at 2:00 a. Alberto was not acting within the assigned School of Practical Arts (SSPA). v. Civil Code).R. C. November 9. CA. there is a presumption of negligence on the part of the the defense would not be available by the employer. The dishonor of the an insurance company drove a company vehicle to a favorite check adversely affected the credit standing of Tony. and after office hours. At 2:00 a. the employer was (190 SCRA 485). license. Paul. No. When the employee causes damage due to his own Vicarious Liability (2001) negligence while performing his own duties. (5%) employee. personal use of the car and met an accident. with friends to "unwind". after coming out from work. the exercise of due diligence in the selection and Vicarious Liability (2002) supervision of peter would not be a material issue since the Explain the concept of vicarious liability in quasi-delicts. was impleaded as party defendant for allowing accident (also Peter to drive the minivan without a regular driver's 2:00 a. the Supreme Court held that notwithstanding the fact was convicted in the criminal case. renders a person liable for the negligence of others for whose In the case of Paul. The minivan was driven by tasks of his employment. May the insurance company be held liable for the Consolidated Bank and Trust v. In one case decided by the Supreme Court.between the bank and the depositor. he drove home. he was not performing his assigned tasks as happened. Alberto. was performing his duties as a driver. is The doctrine of VICARIOUS LIABILITY is that which the presumption absolute or not? Explain. The accident happened at night when was operating the vehicle within the scope of his employment. However. if he were to be considered as employee. 2180. but damage (Article 2180. 2180. 2180. it is not liable an executive of a pharmaceutical company was given the use for the acts of Peter because the latter was not an employee of a company car. However. resulting in the death of its International.1998). the school may be held observed the diligence of a good father of a family to prevent subsidiarily liable not because of the conviction of Peter. the exercise of due diligence in the selection and supervision of Peter would not be a material issue since the SUGGESTED ANSWER: conviction of Peter would result in a subsidiary liability where Yes. BPI.R. v. With respect to SSPA. on the ground that the car which caused the injury was B. As a consequence. No. L-24932. June 27. m. 2180 (par. IAC. a student assistant whose assignment was to clean the It is true that under Art. and even though he was not A. tuition fees.m.) was outside normal working hours. had been negligent? If so. such presumption is rebuttable. 2180 of the Civil Code for the injury students who render service to the school in exchange for free caused by the negligent operation of the car by the executive. Inc. the mere fact that drive the school vehicle after persuading the regular driver. In the course of his work. G. The incident occurred at night time. The In the case of Paul. Thereafter. BT. No. a) Will the action for the former was. there arises the juris tantum presumption that the employer is negligent. 5). Vasquez Jr (321 SCRA393 only had a student driver's permit. the owner. Is there a presumption in C. for damages against Peter and SSPA. SUGGESTED ANSWER: Vicarious Liability (1991) The insurance company is not liable because when the Romano was bumped by a minivan owned by the Solomon accident occurred. The time of the driver. CA. to turn over the wheel to him (Peter). Yes. nevertheless. In the case of Peter. In the case of Peter. employer. Romano suffered of the injurious accident does not necessarily mean that he serious physical injuries. Peter was able to the scope of their assigned tasks.. hence. engaged in his own affairs or damages against Peter and SSPA carrying out a personal purpose when he went to a restaurant prosper? b) Will your answer be the same if. though the employee was not performing within the scope of and in any case.R. 1968. G. It will prosper (Art. in exchange for free tuition. driver. but in G. c) Is the exercise of due diligence in the selection and supervision of Peter and Paul a material issue to be ALTERNATIVE ANSWER: resolved in this case? The insurance company is liable if Alberto was negligent in the operation of the car and the car was assigned to him for the SUGGESTED ANSWER: benefit of the insurance company. he bumped a tricycle. an executive of in managing the accounts of the depositor.m. Peter [1999]). because of the negligence of Paul under Art. since he was in the performance of his liability of the employer shall cease when they prove that they work at the time the incident occurred. employers are liable for school passageways daily one hour before and one hour after damages caused by their employees who were acting within regular classes. if he were to be considered an this case that Mr. CA. The victim’s heirs sued the driver and 1990-2006) the owner of the bus for damages. where provided for by Art.

what is deemed instituted with the criminal action is only the action to recover civil liability arising from the act or omission punished by law. Carlos driving in a reckless manner. On the way.R.000. CA. G.rebuttable only by proof of observance of the diligence of a ALTERNATIVE ANSWER: good father of a family (Metro Manila Transit v. (3%) SUGGESTED ANSWER: The motion to dismiss should be granted. No. L-29759. then riding a bicycle. Delsan Transport Lines v. suffered by third persons through the use of such public utility. Rules of Criminal Procedure]. a minor who did not have a driver's license. AVIS has no duty to supervise Silvestre. causing damage to the latter in the amount of P100. An action based on quasi-delict is no longer deemed instituted and may be filed separately [Section 3. he bumped an FX taxi owned and driven by Victor. CA. May 18. Likewise. Neither has AVIS the duty to observe due diligence in the selection of its customers. 2004). Domingo. it is the actual owner of the private vehicle who is ultimately liable (See Duavit v. Vicarious Liability (2006) Arturo sold his Pajero to Benjamin for P1 Million. the cause of action is based in law. Avis filed a motion to dismiss the complaint against it on the ground of failure to state a cause of action. C&tA Construction. 521 [1993]. is based on Article 2180 because he is the father of a minor who caused damage due to negligence. 144274.5%) CIVIL LAW Answers to the BAR as Arranged by Topics (Year 1990-2006) SUGGESTED ANSWER: No. Dennis can file an independent civil action against Carlos and his father for damages based on quasi-delict there being an act or omission causing damage to another without contractual obligation. the Public Service case for criminal negligence. Ben¬jamin took the vehicle but did not register the sale with the Land Transportation Office. The purpose of car registration is to reduce difficulty in identifying the party liable in case of accidents (Villanueva v. . if the driver is charged and convicted in a criminal Hence. AVIS is not the employer of Silvestre. 412 the registered owner of a public utility is liable for the damages SCRA 524 2003). (2.00.5%) SUGGESTED ANSWER: Yes. hence. he suffered serious physical injuries. 1989). Resolve the motion. Assuming Dennis' action is tenable. Not being the employer. Vicarious Liability. While the suit will prosper against the registered owner. Can Dennis file an independent civil action against Carlos and his father Benjamin for damages based on quasi-delict? Explain. 2. at the Mactan International Airport. Rule 111. September 14. 223 SCRA The motion should be denied. Public Utility (2000) Silvestre leased a car from Avis-Rent-A-Car Co. Besides. As a result. Dennis filed a criminal complaint against Carlos for reckless imprudence resulting in serious physical injuries. based on quasi-delict. His liability. can Benjamin raise the defense that he is not liable because the vehicle is not registered in his name? Explain. Under the Public Service Law. No sooner had he driven the car outside the airport when. No. Under Section 1 of Rule 111 of the 2000 Rules on Criminal Procedure. vicarious in character. to drive the car to buy pan de sal in a bakery. BT is subsidiarily liable for the Law. sideswiped Dennis. Benjamin cannot raise the called “oncomouse” in Manila? What will be your advice to defense that the vehicle is not registered in his name. He allowed his son Carlos. (2. 1. it was given in the problem that the cause of the accident was the negligence of Silvestre.R. there is no right of action against AVIS under Article 2180 of the Civil Code. Victor filed an action for damages against both Silvestre and Avis. damages arising from the criminal act. G. due to his negligence.