TORTS AND DAMAGES QUESTIONS

Submitted by: Francis Rafael A. Pacayra

2003

QUESTION:

If a pregnant woman passenger of a bus were to suffer an

abortion following a vehicular accident due to the gross
negligence of the bus driver, may she and her husband
claim damages from the bus company for the death of their
unborn child? Explain. 5%

ANSWER:

Yes, they can recover damages from the bus company, however, only
damages arising from the injuries suffered by the wife for the loss of her fetus
being part of her internal organ due the accident there being gross negligent on
the part of the bus driver and for moral damages being accounted for her mental
anguish that attended the loss of her unborn child. But only such damages may
be awarded by the court, no actual damages may be allowed because an
unborn child, according to the law, is not yet considered a person, and the law
only allows indemnity only to loss of life of a person.

QUESTION:

As a result of a collision between the 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.

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. 5%
ANSWER:

If the action is against them is based on damges arising from quasi-delict,

they may raise such defense of having exercised diligence of a good father of a
family in the selection and supervision of their employees. However, if the action
is based on culpa contractual and delict, they cannot raise such defense.

QUESTION:

As a result of a collision between the 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.

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

ANSWER:

It will depend on the circumstances, if the separate civil action is to

recover damages arising from the criminal act, it will need reservation. However,
if such separate civil action is to recover damages based on culpa contractual or
quasi-delict, no reservation is necessary.
1994

QUESTION:

Johny Maton’s conviction for homicide was affirmed by the Court of

Appeals and, in addition, although the prosecution had not appealed at all, the
appellate court increased the indemnity for death from P30,0000 to P50,0000.
On his appealto the Supreme Court, among the other things Johnt Maton brought
to the high court’s attention, was the increase of indemnity imposed by the Court
of Appeals despite the clear fact that the People had not appealed from the
appellate court’s decisions.

Is Johny Maton correct?

ANSWER:

No, such contention is not correct, because upon appeal to the appallate
court, the court acquired jurisdiction over the entire case, criminal as well as civil.
Since the conviction of homicide had been appealed, there is no finality in the
amount of indemnity because the civil liability arising from the crime and
judgement on the crime has not yet become final.

QUESTION:

Dino sued Ben for damages because the latter had failed to deliver the
antique Mercedes Benz car Dino had purchased from Ben, which was by
agreement due for delivery on December 31, 1993. Ben, in his answer to Dino’s
complaint, said Dino’s claim has no basis for the suit, because as the car was
being driven to be delivered to Dino on January 1,1994, a reckless truck driver
had rammed into Mercedez Benz. The Trial court dismissed Dino’s complaint,
saying Ben’s obligation had, indeed, been extinguished by force majeure.

Is the Trial Court correct?

ANSWER:

No, the trial court is incorrect. Loss of a thing due to a fortuitous event
with regard to its delivery may only be accounted for in cases where the debtor is
not yet in default during such delivery and during such fortuitous event . Thus, in
the case involved, Dino, being in default already when the car was being
delivered, cannot be absolved due to fortuitous event.
1976

QUESTION:

During a brawl in a basketball game, A attacks B with a bottle and causes

physical injuries. If B files a civil case against A for damages and during its
pendency a criminal case was filed against A, should the civil case be suspended
meanwhile? Explain.

ANSWER:

No, because according to law, civil action for damages arising from
physical injuries is an independent civil action and is entirely separate and
distinct from those which arise from the criminal action.

QUESTION:

If a criminal case is filed first, may the civil case be filed during the
pendency of the criminal case or later, even without reservation?

ANSWER:

Yes, the civil case may be filed during the pendency of the criminal action,
because such action is an independent civil action.

QUESTIONS:

Does Article 33 of the Civil Code on separate civil action for damages
arising from injuries require that there be a reservation in the criminal case to file
a separate civil action?

ANSWER:

No, because such action for damages are separate and distinct from the
criminal action and may proceed independently from criminal action. Such is a
substantive right and cannot be rendered nugatory by the Rules of Court.
(PS. There are no Torts and Damages Bar questions during
1985)