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College of Law

College of Maasin
TORTS AND DAMAGES
FINAL EXAM
Atty. Phoebeth S. Peras
I. Write the letter of the best answer.
1. The following statements are true in the award of attorneys fees, except:
a.
b.
c.
d.

Attorneys fee is recoverable when moral damages are awarded.


In the absence of stipulation, attorneys fees cannot be recovered.
Attorneys fee is recoverable in action for legal support.
In cases where the court deems it just and equitable, attorneys fee can be awarded

2. Which of the following is in contravention to the guidelines on interest as an aspect of actual damages?
a. In obligations not constituting a loan or forbearance of money, no interest shall be adjudged on unliquidated
claims.
b. When the judgment of the court awarding a sum of money becomes final and executory, the rate of legal
interest shall be 12% per annum when the obligation breached consist in the payment of a sum of money.
c. When the judgment of the court awarding a sum of money becomes final and executory, the rate of legal
interest shall be 12% per annum when the obligation breached does not constitute a loan or forbearance of
money.
d. Interest due shall earn interest from the time it is judicially or extrajudicially demanded, although the
obligation may be silent upon this point.
3. Moral damages is recoverable in:
a.
b.
c.
d.

Illegal dismissal
Bigamy
Malicious breach of contract
Prying into the privacy of anothers residence

4. When one exercises a right recognized by law, knowing that he thereby causes an injustice to another, the latter is
entitled to recover damages. This is known as the principle of:
a.
b.
c.
d.

Res ipsa loquitur


Damnum absque injuria
Vicarious liability
Abuse of rights

5. Because of Xs gross negligence, Y suffered injuries that resulted in the abortion of the fetus 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 fetus she carried?
a.
b.
c.
d.

Yes, since the fetus is already regarded as a child from conception though unborn,
No. since Xs would not have known that the accident would result in Ys abortion.
No, since birth determines personality, the accident did not result in the death of a person.
Yes, since the mother believed in her heart that she lost a child.

6. An action for quasi-delict prescribes in:


a.
b.
c.
d.

2 years
4 years
6 years
10 years

7. The following statements are true regarding the doctrine of attractive nuisance, except:
a.
b.
c.
d.

An excavation is an attractive nuisance.


The doctrine is based on the theory of implied invitation.
The doctrine is absolutely not applicable to bodies of water.
The doctrine is generally not applicable to bodies of water, in the absence of some unusual condition or
artificial feature other that the mere water and its location.

8. Which phrase most accurately completes the statement Any third person who induces another to violate his
contract:
a.
b.
c.
d.

Shall be liable for damages only if he is a party to the same contract


Shall be liable for damages to the other contracting party
Shall not be liable for damages to the other contracting party
Shall not be liable for damages if the parties are in pari delicto.

9. Which statement is not accurate?


a.
b.
c.
d.

Negligence in culpa aquiliana is only incidental to the performance of the obligation.


Culpa contractual requires extraordinary diligence.
Culpa aquiliana calls for due diligence in the selection and supervision of employees.
In culpa contractual, the court need not make an express finding of fault or negligence on the part of the
carrier.

10. Which statement is not accurate?


a.
b.
c.
d.

The responsibility of two or more persons who are liable for quasi-delict is joint.
The responsibility of two or more persons who are liable for quasi-delict is solidary.
Vicarious liability is primary and direct liability.
Vicarious liability is imputed negligence.

II. Answer briefly and accordingly.


1.
2.
3.
4.
5.

Differentiate damage from injury. (5%)


What is damnum absque injuria? (5%)
Distinguish the different kinds of damages. (10%)
What are the two kinds of actual damages? Define each of them. (5%)
Taxi driver D, driving recklessly, killed his passenger Y and pedestrian P.
a. Discuss the liability of D to Y and to P. (5%)
b. Discuss the liability of Ds employer to Y and P, and the defences, if any, available to him. (5%)

6. 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 fathers rifle. Explain. (2.5%)
b. When a domestic helper, while haggling for a lower price with a fish vendor in the course of buying
foodstuffs for her employers family, slaps the fish vendor, causing her to fall and sustain injuries. Explain.
(2.5%)
7. Reginald Hill is a minor, living and getting subsistence from his father. He killed Agapito Elcano for which he
was criminally prosecuted. He, however, was acquitted on the ground that his act was not criminal because of
lack of intent to kill, coupled with mistake. The parents of Elcani subsequently filed a civil action for recovery
of damages against Reginald and his father.
a. Will the action for recovery of damages against Reginald prosper notwithstanding his acquittal in the criminal
case? (5%)
b. Is there a cause of action against Reginalds father? (5%)
8. Kiel, a fourth year medical student at the Cebu Doctors University, was severely injured in an accident while he
was a passenger in a bus operated by the Cebu Bus Co, As a result of the accident, he became virtually an invalid
both physically and mentally, and as a consequence, he was unable to continue with his studies. Subsequently, he
and his parents brought an action for damages against the bus company. The records show that at the time of the
accident, Kiel was a professional student, being supported by his parents, that the proximate cause of the accident
was the negligence of the driver of the bus, and that the defendant company had exercised the diligence in the
selection and supervision of its employees.
a. Is the defendant bus company liable for damages? (5%)
b. If so, in addition to compensatory damage for the medical expenses, is Kiel entitled to recover the income
which he could have earned had he finished his medical course? (5%)
c. Is he entitled to moral damages? (5%)
d. Is he entitled to attorneys fees? (5%)
e. Are Kiels parents entitled to damages? (5%)

9. Suppose that the only surviving heir of a certain person whose death was caused by a crime or a quasi-delict is a
brother or sister, can such brother or sister recover moral damages for the mental anguish by reason of the death of
the deceased? (5%)
10. Jurgen sues Ike for (a) collection on a promissory note for a loan with no agreement on interest on which Ike
defaulted, and (b) damages caused by Ike on Jurgens priceless Michaelangelo painting on which Ike accidentally
spilled acid while transporting it. The court finds Ike liable on the promissory note and awards damages to Jurgen
for the damaged painting, with interest for both awards. What rates of interest may the court impose with respect
to both awards? Explain. (5%)
11. Cindy, a lawyer, while a passenger in a taxicab operated by the Cebu Yellow Taxicab Co, fell out of the vehicle.
As a result, he suffered slight physical injuries. The driver was subsequently prosecuted and convicted. Having
reserved his right to institute a separate civil action, Cindy finally brought an action against Cebu Yellow Taxicab
Co to recover actual and moral damages, including attorneys fees. Granting that he is entitled to actual damages,
a. Is she also entitled to moral damages? Explain. (5%)
b. Is she also entitled to attorneys fees? Explain. (5%)
1. Jose Rutaquio and Erlinda Villareal were Savings Bookkeeper and Cashier of Rural Bank of Baler, respectively.
Upon auditing and inspection of MY Mateo and Co (CPA of the bank) of the records, it found that certain
accounts exceeded the entries of journals and ledgers of the bank and that some transactions were not timely
recorded. This prompted them to recommend disciplinary action against the two which the bank heeded through
its President (Flordeliza Carpio) by approving a Resolution pursuant thereto. They then sought formal resignation
of the two, which the latter questioned through a letter expressing that they would only accede to the discipline if
it will be dispensed with in the proper venue. The bank then ratiocinated that the employees acts were prejudicial
to the bank which subjected it to penalties from the Central Bank. The refusal of the two subsequently led to their
dismissal. They then sued the bank for illegal dismissal and prayed for reinstatement and certain back pays.
NLRC ruled in their favour but instead did not compel reinstatement due to strained relations and awarded moral
damages and attorneys fees. CA deleted the latter awards upon appeal of the bank.
a. Is the CA correct in deleting the award for moral damages? (5%)
b. Is the CA also correct in deleting the award for attorneys fees? (5%)

Good luck