Beruflich Dokumente
Kultur Dokumente
-versus-
For: Damages
PURPLE BACKPACK
PRIMARY SCHOOL, PRINCE
E. PAL, DIEGO C. LIANG,
Defendants.
x ========================== x
MEMORANDUM
Defendants Purple Backpack Primary School (School),
Prince E. Pal (Pal) and Diego C. Liang (Liang) , in
compliance with this Honorable Courts oral directive dated
October 10, 2015, respectfully submits this Memorandum:
MEMORANDUM
Civil Case No. 3702449
Internette D. Explorer vs. Purple Backpack Primary School,
Prince E. Pal and Diego C. Liang
x ================================================= x
Purple
Backpack
Primary
School
who
teaches
MEMORANDUM
Civil Case No. 3702449
Internette D. Explorer vs. Purple Backpack Primary School,
Prince E. Pal and Diego C. Liang
x ================================================= x
(3)
feet
as
the
school
have
instructed
the
lessons
of
their
children
are
ongoing,
Judicial Affidavit of Diego C. Liang, Question and Answer no. 1-2, p.1
Id. Question and Answer no. 5-6, p.2
Id. Question and Answer no. 9-13, p. 2-3
Id. Question and Answer no.16-21, p.3-4
Id. Question and Answer no. 26, p.5
Id. Question and Answer no. 29-30, p.5
MEMORANDUM
Civil Case No. 3702449
Internette D. Explorer vs. Purple Backpack Primary School,
Prince E. Pal and Diego C. Liang
x ================================================= x
left
the
to
her
which
UNDERSTAND.14
Id. Question and Answer no. 31-33, p. 5
Id. Question and Answer no. 34-37, p.5-6
9
Id. Question and Answer no. 38, p.6
10
Id. Question and Answer no. 40-41, p. 6
11
Id. Question and Answer no. 44, p.6-7
12
Id. Question and Answer no. 45-47, p. 7
13
Id. Question and Answer no. 48-49, p. 7
14
Id. Question and Answer no. 50-51, p.7
7
8
Dora
replied,
YES
PO,
MEMORANDUM
Civil Case No. 3702449
Internette D. Explorer vs. Purple Backpack Primary School,
Prince E. Pal and Diego C. Liang
x ================================================= x
15.
asked
to
change
into
swimming
attire.
All
Id.
Id.
Id.
Id.
Id.
Question
Question
Question
Question
Question
and
and
and
and
and
Answer
Answer
Answer
Answer
Answer
no. 52, p. 7
no. 53-56, p.7-8
no. 57-63, p. 8
no. 64-72, p. 9
no.73-79, p. 10
MEMORANDUM
Civil Case No. 3702449
Internette D. Explorer vs. Purple Backpack Primary School,
Prince E. Pal and Diego C. Liang
x ================================================= x
Id.
Id.
Id.
Id.
Id.
Id.
Id.
Question
Question
Question
Question
Question
Question
Question
and
and
and
and
and
and
and
Answer
Answer
Answer
Answer
Answer
Answer
Answer
no.
no.
no.
no.
no.
no.
no.
81-83, p.10-11
84-89, p. 11-12
90-93, p. 12
94, p. 12
95, p. 12
96-98, p. 12-13
99, p. 13
MEMORANDUM
Civil Case No. 3702449
Internette D. Explorer vs. Purple Backpack Primary School,
Prince E. Pal and Diego C. Liang
x ================================================= x
27.
down
the
adult-sized
pool
and
immediately
Id.
Id.
Id.
Id.
Id.
Id.
Id.
Id.
Question
Question
Question
Question
Question
Question
Question
Question
and
and
and
and
and
and
and
and
Answer
Answer
Answer
Answer
Answer
Answer
Answer
Answer
no. 100, p. 13
no.101-102, p.
no.103-105, p.
no.106-107, p.
no.108-109, p.
no.110-111, p.
no.112-117, p.
no.118-119, p.
13
13
13-14
14
14
14-15
15
MEMORANDUM
Civil Case No. 3702449
Internette D. Explorer vs. Purple Backpack Primary School,
Prince E. Pal and Diego C. Liang
x ================================================= x
ambulance,
the
lifeguards
MEMORANDUM
Civil Case No. 3702449
Internette D. Explorer vs. Purple Backpack Primary School,
Prince E. Pal and Diego C. Liang
x ================================================= x
40.
Liang called Inter Nette for five (5) times but he was not
able to reach her again as her phone was busy. He then
called Pal to inform him that Dora had already been
declared dead.40
41.
Pal instructed Liang to stay in the hospital, and wait
until Ms. Explorer arrives. He called Mr. Mojo Jojo, the
President of the school, informing him of what happened
to Dora. He was told
ISSUES
1.
2.
3.
4.
40
41
42
Id. Question and Answer no.146, p. 18; Question and Answer no.157- 163, p. 19
Judicial Affidavit of Prince E. Pal, Question and Answer no. 68-70, p.9
Id. Question and Answer no.71-74, p. 9-10
MEMORANDUM
Civil Case No. 3702449
Internette D. Explorer vs. Purple Backpack Primary School,
Prince E. Pal and Diego C. Liang
x ================================================= x
10
supervision
of
its
employees.
Prior to the hiring of Teachers Liang, Maps and Fox, the
defendant, through the Board of Regents made a thorough
review of their qualifications.
examinations
to
test
their
educational
merit
and
had
MEMORANDUM
Civil Case No. 3702449
Internette D. Explorer vs. Purple Backpack Primary School,
Prince E. Pal and Diego C. Liang
x ================================================= x
11
accommodate
them,
Prince
E.
Pal
contacted
MEMORANDUM
Civil Case No. 3702449
Internette D. Explorer vs. Purple Backpack Primary School,
Prince E. Pal and Diego C. Liang
x ================================================= x
12
218.
administrators
The
and
school,
teachers,
or
its
the
child
while
under
their
43
MEMORANDUM
Civil Case No. 3702449
Internette D. Explorer vs. Purple Backpack Primary School,
Prince E. Pal and Diego C. Liang
x ================================================= x
13
of
persons
for
whom
one
is
responsible.
xxxx
Employers shall be liable for the
damages caused by their employees and
household
helpers
acting
within
the
mentioned
prove
that
they
MEMORANDUM
Civil Case No. 3702449
Internette D. Explorer vs. Purple Backpack Primary School,
Prince E. Pal and Diego C. Liang
x ================================================= x
14
proximate
cause
of
and
negligence
for
MEMORANDUM
Civil Case No. 3702449
Internette D. Explorer vs. Purple Backpack Primary School,
Prince E. Pal and Diego C. Liang
x ================================================= x
15
the
case
of
St.
Mary's
Academy
vs.
William
Defendant
Pal
observed
in
the
selection
of
G.R. No. 143363, February 6, 2002 citing Sanitary Steam Laundry, Inc. v. Court of
G.R. No. 143363, February 6, 2002 citing Sanitary Steam Laundry, Inc. v. Court of
Appeals, 360 Phil. 199, 208 [1998]
MEMORANDUM
Civil Case No. 3702449
Internette D. Explorer vs. Purple Backpack Primary School,
Prince E. Pal and Diego C. Liang
x ================================================= x
16
MEMORANDUM
Civil Case No. 3702449
Internette D. Explorer vs. Purple Backpack Primary School,
Prince E. Pal and Diego C. Liang
x ================================================= x
17
MEMORANDUM
Civil Case No. 3702449
Internette D. Explorer vs. Purple Backpack Primary School,
Prince E. Pal and Diego C. Liang
x ================================================= x
18
47
MEMORANDUM
Civil Case No. 3702449
Internette D. Explorer vs. Purple Backpack Primary School,
Prince E. Pal and Diego C. Liang
x ================================================= x
19
49
Boots N. Sonroa
does have not have any personal knowledge on the acts done
by defendant Pal in order to keep them safe. Nothing in his
testimony can be used to infer that Pal committed lapses in
the performance of his duty as the Principal.
Moreover, since they do not have personal knowledge of
the incident the Plaintiff being absent at the place and
witness Boots was unconscious, Rule 30 of the provisions of
the Rules of Court on Evidence should apply. Section 36 of
which provides:
Section
36:
Testimony
generally
confined
to
personal
48
49
MEMORANDUM
Civil Case No. 3702449
Internette D. Explorer vs. Purple Backpack Primary School,
Prince E. Pal and Diego C. Liang
x ================================================= x
20
MEMORANDUM
Civil Case No. 3702449
Internette D. Explorer vs. Purple Backpack Primary School,
Prince E. Pal and Diego C. Liang
x ================================================= x
Mr.
Diego
C.
21
Liang
218.
The
school,
its
engaged
shall
parental
have
child
special
authority
responsibility
minor
in
child
their
and
over
while
the
under
supervision,
instruction or custody.
Authority
and
responsibility
whether
inside
or
MEMORANDUM
Civil Case No. 3702449
Internette D. Explorer vs. Purple Backpack Primary School,
Prince E. Pal and Diego C. Liang
x ================================================= x
22
51
MEMORANDUM
Civil Case No. 3702449
Internette D. Explorer vs. Purple Backpack Primary School,
Prince E. Pal and Diego C. Liang
x ================================================= x
23
54
52
53
54
55
56
57
58
59
60
61
Id. at 3.
Id.
Id. at 4.
TSN 10 October 1015 p. 25.
Supra note 51 at 4.
Id.
Id.
Id. at 5.
Id.
Id.
MEMORANDUM
Civil Case No. 3702449
Internette D. Explorer vs. Purple Backpack Primary School,
Prince E. Pal and Diego C. Liang
x ================================================= x
24
62
63
64
65
66
Id. at 6.
Id.
Id.
TSN 10 October 1015 p. .
Supra note 51 at 9.
MEMORANDUM
Civil Case No. 3702449
Internette D. Explorer vs. Purple Backpack Primary School,
Prince E. Pal and Diego C. Liang
x ================================================= x
25
Id.
Id.
Id.
Id.
Id.
Id.
Id.
Id.
Id.
at 10.
at 8.
at 12.
at 13.
MEMORANDUM
Civil Case No. 3702449
Internette D. Explorer vs. Purple Backpack Primary School,
Prince E. Pal and Diego C. Liang
x ================================================= x
26
76
77
78
79
80
81
82
83
Id. at 14.
Id.
Id.
Id.
Id. at 16.
Id.
Id.
Id. at 19.
MEMORANDUM
Civil Case No. 3702449
Internette D. Explorer vs. Purple Backpack Primary School,
Prince E. Pal and Diego C. Liang
x ================================================= x
27
Id.
Id. at 18.
MEMORANDUM
Civil Case No. 3702449
Internette D. Explorer vs. Purple Backpack Primary School,
Prince E. Pal and Diego C. Liang
x ================================================= x
28
is
sought
must
be
the
legitimate
86
MEMORANDUM
Civil Case No. 3702449
Internette D. Explorer vs. Purple Backpack Primary School,
Prince E. Pal and Diego C. Liang
x ================================================= x
29
MEMORANDUM
Civil Case No. 3702449
Internette D. Explorer vs. Purple Backpack Primary School,
Prince E. Pal and Diego C. Liang
x ================================================= x
30
did
she
offer
any
competent
evidence
to
Ibid.
MEMORANDUM
Civil Case No. 3702449
Internette D. Explorer vs. Purple Backpack Primary School,
Prince E. Pal and Diego C. Liang
x ================================================= x
31
the
substituted
parental
authority. 90
To
avoid
MEMORANDUM
Civil Case No. 3702449
Internette D. Explorer vs. Purple Backpack Primary School,
Prince E. Pal and Diego C. Liang
x ================================================= x
32
MEMORANDUM
Civil Case No. 3702449
Internette D. Explorer vs. Purple Backpack Primary School,
Prince E. Pal and Diego C. Liang
x ================================================= x
33
91
MEMORANDUM
Civil Case No. 3702449
Internette D. Explorer vs. Purple Backpack Primary School,
Prince E. Pal and Diego C. Liang
x ================================================= x
34
the said rule is not a trivial matter. 92 Any evidence that has not
been offered shall be excluded and rejected.
As to the loss of earning capacity in the amount of twenty
million and one hundred thousand pesos (P20, 100, 000.00),
the plaintiff presented Contracts of Employment as evidence to
prove loss of earnings of the deceased child. During the trial,
the plaintiff identified them and that she acknowledged her
non-participation in the preparation of the same. Absent
plaintiffs personal knowledge as to the due execution,
preparation
and
authenticity
of
the
said
documentary
xxx
Evidence is hearsay when its probative force
depends on the competency and credibility of some
persons other than the witness by whom it is
92
Heirs of Pedro Pasag vs. Sps. Lorenzo , G.R. No. 155483, 27 April 2007.
93
MEMORANDUM
Civil Case No. 3702449
Internette D. Explorer vs. Purple Backpack Primary School,
Prince E. Pal and Diego C. Liang
x ================================================= x
35
testimonial
evidence
establishing
the
as
proof
of
its
contents
has
to
be
PRAYER
MEMORANDUM
Civil Case No. 3702449
Internette D. Explorer vs. Purple Backpack Primary School,
Prince E. Pal and Diego C. Liang
x ================================================= x
36