Beruflich Dokumente
Kultur Dokumente
REVIEW REPORT
Personal Injury
Art. 2200, NCC - Indemnification for damages shall comprehend not only the
value of the loss suffered, but also that of the profits which the obligee failed
to obtain.
Art. 2201 NCC - In contracts and quasi-contracts, the damages for which the
obligor who acted in good faith is liable shall be those that are the natural and
probable consequences of the breach of the obligation, and which the parties
have foreseen or could have reasonably foreseen at the time the obligation was
constituted.
In case of fraud, bad faith, malice or wanton attitude, the obligor shall be
responsible for all damages which may be reasonably attributed to the non-
performance of the obligation. (1107a)
TORTS AND DAMAGES
CASE
• Gatchalian got injured with physical injuries on the leg, arm and forehead.
• Mrs. Adela Delim visited the passenger and later paid for their
hospitalization and medical expenses. She also gave transportation
expense of P12 in going home from the hospital and they were made to
sign a Joint Affidavit stating that they are no longer interested to file a
complaint, criminal or civil against the said driver and owner of the said
Thames.
TORTS AND DAMAGES
CASE
• Gatchalian filed in the CFI an action extra contractu to recover
compensatory and moral damages stating that the mishap had left her with
a conspicuous white scar measuring 1 by 1/2 inches on the forehead,
generating mental suffering and an inferiority complex on her part
• as a result, she had to retire in seclusion and stay away from her friends
• scar diminished her facial beauty and deprived her of opportunities for
employment
• CA: affirmed
ISSUE
• Around 3:50 in the morning of said date, when the Inland bus
slowed down to avoid a stalled cargo truck in Tiaong, Quezon,
it was bumped from the rear by another bus, owned and
operated by Philtranco and driven by Apolinar Miralles.
FACTS
CA: Police Report has not been formally offered in evidence (it
was merely annexed to Inland’s anser), so Philtranco cannot be
made liable on something that has no probative value. Inland,
however is liable based on common carrier breach of contract.
ISSUE
On Physical Injury
However, physical injury, like loss or diminution of use of an
arm or a limb, is NOT a pecuniary loss. Indeed, it is nor
susceptible of exact monetary estimation. Thus, the usual practice
is to award MORAL damages for physical injuries sustained.
Hence, the award of moral damages to Francia was increased
from P30k to P50k.
Note: There was no expert testimony presented to grand her costs
for restorative operation on her arm.
HELD
On Unrealized Income
The bare and unsubstantiated assertion of Francia that she
usually earned P200 a day from her market stall is not the best
evidence to prove her claim of unrealized income for the eight-
month period that her arm was in plaster cast.
She could have returned so her work at the public market despite
the plaster cast on her right arm, since she claimed to have two
nieces as helpers.
Clearly, the appellate court was correct in deleting the award for
unrealized income, because of petitioner's utter failure to
substantiate her claim.
HELD
On Reduction AF
Payable to the client and not to the lawyer unless
otherwise agreed upon.
The lawyer’s handling of the case was in fact sorely
inadequate as shown by his failure to follow elementary
norms of civil procedure and evidence.
DAMAGES IN CASE OF
DEATH
(1) The defendant shall be liable for the loss of the earning
capacity of the deceased, and the indemnity shall be
paid to the heirs of the latter; such indemnity shall in
every case be assessed and awarded by the court, unless
the deceased on account of permanent physical
disability not caused by the defendant, had no earning
capacity at the time of his death;
DAMAGES IN CASE OF
DEATH
(2) If the deceased was obliged to give support according to
the provisions of Article 291, the recipient who is not an heir
called to the decedent's inheritance by the law of testate or
intestate succession, may demand support from the person
causing the death, for a period not exceeding five years, the
exact duration to be fixed by the court;
• Said attack was so sudden and unexpected that the victim had
not been given the opportunity to defend herself or repel the
aggression. She was unarmed when she was attacked. Indeed,
all these circumstances indicate that the assault on the victim
was treacherous.
FACTS
• The stabbing of Antonio Bea was also attended with treachery.
While Bea, whose hands were tied behind his back, and the
assailants were walking along the dike, Emelio Tolentino
unexpectedly stabbed the victim four times. The victim could
not put up a defense as the attack was swift and he was not in
the position to repel the same since his hands were tied.
The victim allegedly threw a stone at the accused and to fend off
the attack, Jose then unsheathed hisbolo and hacked Jimmy until
he fell to the ground and that he remained in the place for
10 minutes andlater yielded to Clorado who accompanied him to
the police station.B
He did not establish with clear and convincing proof that Jimmy
had assaulted him or his father as to pose to either of them an
imminent threat of great harm before he mounted his own attack
on Jimmy.
HELD
(3) The Court held that it should be computed from the decision
rendered by the court a quo.