Torts & Damages1

[Follow the Outline]

Part ONE
Modified True or False. Consider the statement true only when it is absolutely true.
Explain ALL your answers.

1. The defense of a good father of a family is a complete and proper defense in breach of contract.

2. An act punished by law may be the basis of a liability under quasi-delict.

3. The liability of the employer for the acts of its employees is a direct and primary liability.

4. The pendency of a criminal action is a bar to an action under quasi-delict for the same act or
omission .

5. In an action under quasi-delict, there is no presumption of negligence.

6. The relationship of pater familias applies to the vicarious liability of employers.

7. In motor vehicle mishaps, the owner is solidarily liable with his driver, if he was inside the
vehicle at the time of the mishap.

8. The State is responsible when the damage has been caused by an official to whom the task done
properly pertains.

9. The father and, in case of his death or incapacity, the mother, are responsible for the damages
caused by their children who live in their company.
10. The owner of the building or a part thereof, is responsible for damages caused by things thrown
or falling from the same.

Part TWO
Multiple Choice. Choose the best answer.

1. As a source of obligations, quasi-delict may be distinguished from delict in that, in quasi-delict:

a. proof beyond reasonable doubt is required
b. right violated is private one
c. there must be no pre-existing contractual relation between the parties
d. the defense of “good father of a family” is a complete and proper defense

2. As a source of obligations, quasi-delict may be distinguished from contract in that, in quasi-

delict:
a. there must be no pre-existing contractual relation between the parties
b. the defense of “good father of a family” is a complete and proper defense
c. negligence is merely incidental to the performance of an obligation
 d. there is a presumption of negligence as long as there was breach

3. This is NOT a requirement for a liability under quasi-delict to arise:

a. act or omission
b. fault or negligence
c. damage of injury
d. pre-existing contractual relation between the parties
e. none of the above

4. A conclusive presumption of negligence arises when:

a. an animal causes damage
b. the death or injury results from the defendant’s possession of dangerous weapons or
substances
c. the driver involved in a vehicular mishap had been found guilty of violating traffic
regulations at least twice within the next preceding two months
d. the driver, at the time of the mishap, was violating any traffic regulation.
e. none of the above

5. This pertains to the liability of a person resulting from the negligent act of another who is
considered to be under the control and supervision of the former.
a. direct liability
b. subsidiary liability
c. solidary liability
d. vicarious liability
e. none of the above

6. The following may be held liable under quasi-delict, except:

a. insane persons
b. elective officials of the government
c. public corporations
d. all of the above
e. none of the above

7. Where both parties are negligent, but the negligent act of one is appreciably later in time than that
of the other, or when it is impossible to determine whose fault or negligence should be attributed
to the incident, the one who had the last clear opportunity to avoid the impending harm and failed
to do so is chargeable with the consequences thereof. This doctrine is known as:
a. Doctrine of proximate cause
b. Doctrine of last clear chance
c. Doctrine of res ipsa loquitur
d. Doctrine of intervening causes
e. Doctrine of concurrent causes
8. This is only a partial defense:
a. fortuitous event
b. contributory negligence
c. double recovery
d. prescription
e. none of the above

9. Proof of pecuniary loss is required for the award of:

a. moral damages
b. dano emergente
c. exemplary damages
d. liquidated damages
e. nominal damages

10. In case of death caused by a quasi-delict, the following may be awarded, except:
a. interest
b. nominal damages
c. indemnity
d. moral damages
e. none of the above

Part THREE
Give direct and concise but complete answers.
Cite authorities, if any.

1. As a result of a collision between a taxicab owned by A and another taxicab owned by B, X, a

passenger of the first taxicab, was seriously injured. X later filed a criminal action against both
drivers.

(a) Is it necessary for X to reserve his right to institute a civil action for damages against both
taxicab owners before he can file a civil action for damages against them? Why?

(b) May both taxicab owners raise the defense of due diligence in the selection and supervision of
their drivers to be absolved from liability for damages to X? Reason.

2. When would an employer’s liability for damage, caused by an employee in the performance of
his assigned tasks, be primary and when would it be subsidiary in nature?

Would the defense of due diligence in the selection and supervision of the employee be available
to the employer in both instances?
3. Mojar, a passenger in a bus operated by Times Transit Co., suffered serious physical injuries as a
result of a vehicular accident. An information was filed against Ailes, driver of the bus, for
serious physical injuries through reckless imprudence. Ailes was, however, acquitted on the
merits of the case because, according to the judgment of acquittal he was not negligent.
Subsequently, Mojar instituted an action against Times Transit Co., to recover damages. Will the
action prosper? Give your reasons.

4. What are the requisites in order that the defendant can be held liable for damages in a quasi-delict
case?

5. Lennie bought a business class ticket from Alta Airlines. As she checked in, the manager
downgraded her to economy on the ground that a Congressman had to be accommodated in the
business class. Lennie suffered the discomfort and embarrassment of the downgrade. She sued the
airlines for quasi-delict but Alta Airlines countered that, since her travel was governed by a
contract between them, no quasi-delict could arise. Is the airline correct?

6. Despite a warning from the police that an attempt to hijack a PAL plane will be made in the
following week, the airline did not take extra precautions, such as frisking of passengers, for fear
of being accused of violating human rights. Two days later, an armed hijacker did attempt to
hijack a PAL flight to Cebu. Although he was subdued by the other passengers, he managed to
fire a shot which hit and killed a female passenger. The victim’s parents sued the airline for
breach of contract, and the airline raised the defense of force majeure. Is the airline liable or not?

7. OJ was employed as professional driver of MM Transit bus owned by Mr. BT. In the course of his
work, OJ hit a pedestrian who was seriously injured and later died in the hospital as a result of the
accident. The victim’s heirs sued the driver and the owner of the bus for damages.

Is there a presumption in this case that Mr. BT, the owner, had been negligent? If so, is the
presumption absolute or not? Explain.

8. Explain the concept of vicarious liability in quasi-delicts.

9. Under the law on quasi-delict, aside from the persons who caused injury to persons, who else are
liable under the following circumstances:

a) When a 7-year-old boy injures his playmate while playing with his father’s rifle. Explain.

b) When a domestic helper, while haggling for a lower price with a fish vendor in the course of
buying foodstuffs for her employer’s family, slaps the fish vendor, causing her to fall and
sustain injuries. Explain.

c) A carpenter in a construction company accidentally hits the right foot of his co-worker with a
hammer. Explain.
 d) A 15-year-old high school student stabs his classmates who is his rival for a girl while they
were going out of the classroom after their last class. Explain.

e) What defense, if any, is available to them?

10. Does the presence of the owner inside the vehicle causing damage to a third party affect his liability
for his driver’s negligence? Explain.

11. Marcial, who does not know how to drive, has always been driven by Ben, his driver of ten years
whom he had chosen carefully and has never figured in a vehicular mishap. One day, Marcial was
riding at the back seat of his Mercedes Benz being driven along EDSA by Ben. Absorbed in reading
a book, Marcial did not notice that they were approaching the corner of Quezon Avenue, when the
traffic light had just turned yellow. Ben suddenly stepped on the gas to cross the intersection before
the traffic light could turn red. But, too late. Midway in the intersection, the traffic light changed,
and a jeepney full of passengers suddenly crossed the car’s path. A collision between the two
vehicles was inevitable. As a result, several jeepney passengers were seriously injured. A suit for
damages based on culpa aquiliana was filed against Marcial and Ben, seeking to hold them jointly
and severally liable for such injuries.

May Marcial be held liable? Explain.

12. A driver of a bus owned by company Z ran over a boy who died instantly. A criminal case for
reckless imprudence resulting in homicide was filed against the driver. He was convicted and was
ordered to pay ₱2 Million in actual and moral damages to the parents of the boy who was an
honor student and had a bright future. Without even trying to find out if the driver had assets or
means to pay the award of damages, the parents of the boy filed a civil action against the bus
company to make it directly liable for the damages.

a.) Will their action prosper?

b.) If the parents of the boy do not wish to file a separate civil action against the bus company,
can they still make the bus company liable if the driver cannot pay the award for damages? If so,
what is the nature of the employer’s liability and how may civil damages be satisfied?

13. If during class hours, while the teacher was chatting with other teachers in the school corridor, a
7-year old male pupil stabs the eye of another boy with a ballpen during a fight, causing
 permanent blindness to the victim, who could be liable for damages for the boy’s injury: the
teacher, the school authorities, or the guilty boy’s parents? Explain.

14. Sumakay, a passenger on a bus owned and operated by Kanlungan Bus Company suffered serious
injuries when the vehicle went out of control and rammed an electric post. Tsuper, the bus driver,
was at the time of the accident, doing 100 kilometers per hour in a school zone and hit the post
because he was trying to avoid hitting school children crossing the street.

In a suit for damages against the bus company for the driver’s gross negligence, Kanlungan
interposed the defenses that all its drivers were under strict injunction to observe speed limits in
their particular routes and that in any event, the driver should first have been sued, held liable,
and found insolvent before Kanlungan could be proceeded against.

Are the bus company’s defenses tenable? Explain.

15. The X Electric cooperative services a small town where the roads are lined with lush acacia trees.
Normally these trees are pruned before the onset of the rainy season by the cooperative itself
since the power lines of the cooperative are not infrequently affected by falling branches. This
year, for financial reasons, the electric cooperative omitted the pruning in spite of reminders from
the townspeople. In August this year a strong typhoon hit the town and live wires fell to the
ground. While the cooperative made a preliminary survey of the damages, it did not
immediately take precautionary measures against possible harm. Thus, the attention of one of its
employees was called to the fallen wire in the center of the town. Before the cooperative could
make the necessary repairs, a four-year old boy crossed the street and was electrocuted by the live
wire.

His parents sued the electric cooperative for damages.

a) If you were counsel for the parents, what arguments would you advance to support your
claim for damages and how much damages would you demand?

b) If you were counsel for the electric cooperative, what defenses would you offer?

c) If you were judge, how would you decide the case?

16. Explain the following concepts and doctrines and give an example of each:

(b) doctrine of discovered peril (last clear chance)

17. On January 5, 1992, Nonoy obtained a loan of P1,000,000.00 from his friend Raffy. The
promissory note did not stipulate any payment for interest. The note was due on January 5, 1993
but before this date the two became political enemies. Nonoy, out of spite, deliberately defaulted
in paying the note, thus forcing Raffy to sue him.
 1) What actual damages can Raffy recover?

2) Can Raffy ask for moral damages from Nonoy?

3) Can Raffy ask for nominal damages?

4) Can Raffy ask for temperate damages?

5) Can Raffy ask for attorney’s fees?

18. A collision occurred at an intersection involving a bicycle and a taxicab. Both the bicycle rider (a
businessman then doing his morning exercise) and the taxi driver claimed that the other was at
fault. Based on the police report, the bicycle crossed the intersection first but the taxicab,
crossing at a fast clip from the bicycle's left, could not brake in time and hit the bicycle's rear
wheel, toppling it and throwing the bicycle rider into the sidewalk 5 meters away.

The bicycle rider suffered a fractured right knee, sustained when he fell on his right side on the
concrete side walk. He was hospitalized and was subsequently operated on, rendering him
immobile for 3 weeks and requiring physical rehabilitation for another 3 months. In his complaint
for damages, the rider prayed for the award of P 1,OOO,OOO actual damages, P200,000 moral
damages, P200,000 exemplary damages, P 100,000 nominal damages and P50,000 attorney's
fees.

Assuming the police report to be correct and as the lawyer for the bicycle rider, what evidence
(documentary and testimonial) and legal arguments will you present in court to justify the
damages that your client claims? (8%)

19. Because of X’s gross negligence, Y suffered injuries that resulted in the abortion of the foetus she
carried. Y sued X for, among other damages, P1 million for the death of a family member. Is Y
entitled to indemnity for the death of the foetus she carried?

20. Rosa was leasing an apartment in the city. Because of the Rent Control Law, her landlord could
not increase the rental as much as he wanted to, nor terminate her lease as long as she was paying
her rent. In order to force her to leave the premises, the landlord stopped making repairs on the
apartment, and caused the water and electricity services to be disconnected. The difficulty of
living without electricity and running water resulted in Rosa’s suffering a nervous breakdown.
She sued the landlord for actual and moral damages.

Will the action prosper? Explain.