OPINION NO. 08. S.

2011 September 26, 2011 JUDY ANN SANCHEZ 911 Bluewhale Street Palanan, Makati City Dear Ms. Sanchez: This refers to your request for our advice with regard to the possibility of bringing a lawsuit against McBee Foods Corporation as a result of the injuries you have sustained after you fell from the staircase of McBeeMetropark Branch. According to the facts which you and your daughter have relayed to us, on your way up to the second floor of McBee-Metropark Branch, you were hit by the McBee Mascot who was hurrying down with another crew member. As a result of which, you lost your balance and fall from the staircase which caused you extreme back pains. Immediately, the store manager and crew members brought you to the nearest hospital for treatment. That when you asked the management of McBee-Metropark Branch for payment of damages, the latter responded through a formal letter of apology and agreed to shoulder the hospital bills as well as all the expenses related to your physical therapy until such time that you are fully restored to your previous health. Since the accident, you are undergoing a weekly physical therapy which caused you not only great inconvenience but also physical pains. Based on the foregoing, the issue here is very clear, to wit: whether or not McBee Foods Corporation is liable for damages on account of the negligence of their employees. We answer in the affirmative. First and foremost, what happened to you is classified as a quasi-delict, as defined by Article 2176 of the Civil Code: Whoever by act or omission causes damage to another, there being fault or negligence, is obliged to pay for the damage done. Such fault or negligence, if there is no pre-existing contractual relation between the parties, is called a quasi-delict and is governed by the provisions of this Chapter. Furthermore, Article 2180 of the same Code provides that: The obligation imposed by Article 2176 is demandable not only for one's own acts or omissions, but also for those of persons for whom one is responsible. . . . The owners and managers of an establishment or enterprise are likewise responsible for damages caused by their employees in the service of the branches in which the latter are employed or on the occasion of their functions. . . . Indeed, it is well-settled that moral damages are awarded to compensate and alleviate in some way the physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded feelings, moral shock, social humiliation and similar injury unjustly caused a person (Mangaliag v. Catubig-Pastoral, 474 SCRA 153). To sustain such claim, it is required that the damages [enumerated] must be shown to be the proximate result of a wrongful act or omission. (B.F. Metal Corp. v. Lomotan, 551 SCRA 618) Ultimately, Article 2219 of the Civil Code provides that moral damages may be recovered in cases of quasi-delicts causing physical injuries. Undeniably, there was negligence on the part of the crew members of McBee-Metropark Branch and such negligence was the proximate cause of your fall and the resulting physical pains you have suffered. So also, such negligence is a clear case of quasi-delict as defined in the above cited provisions of law for which the McBee Foods Corporation is clearly liable as an employer. Lastly, you may also claim for such other damages that the court, in its discretion, may deemed proper since Article 2202 of the Civil Code provides that, in crimes and quasi-delicts, the defendant shall be liable for all damages which are the natural and probable consequences of the act or omission complained of. One thing: the foregoing opinion is based on the laws and the jurisprudence applicable to your situation. If by any circumstance you take your plight to court, we are confident that the case will be decided in your favor.

Very truly yours, (Sgd.) Lawyer