Professional Documents
Culture Documents
Romano was bumped by a minivan owned by the Solomon After working overtime up to midnight, Alberto, an executive
School of Practical Arts (SSPA). The minivan was driven by of an insurance company drove a company vehicle to a
Peter, a student assistant whose assignment was to clean the favorite Videoke bar where he had some drinks and sang
school passageways daily one hour before and one hour after some songs with friends to "unwind". At 2:00 a.m., he drove
regular classes, in exchange for free tuition. Peter was able to home, but in doing so, he bumped a tricycle, resulting in the
drive the school vehicle after persuading the regular driver, death of its driver. May the insurance company be held liable
Paul, to turn over the wheel to him (Peter). Romano suffered for the negligent act of Alberto? Why?
serious physical injuries. The accident happened at night when SUGGESTED ANSWER:
only one headlight of the vehicle was functioning and Peter The insurance company is not liable because when the
only had a student driver's permit. As a consequence, Peter accident occurred, Alberto was not acting within the assigned
was convicted in the criminal case. Thereafter, Romano sued tasks of his employment.
for damages against Peter and SSPA. a) Will the action for It is true that under Art. 2180 (par. 5), employers are liable for
damages against Peter and SSPA damages caused by their employees who were acting within
prosper? b) Will your answer be the same if, Paul, the regular the scope of their assigned tasks. However, the mere fact that
driver, was impleaded as party defendant for allowing Alberto was using a service vehicle of the employer at the time
Peter to drive the minivan without a regular driver's of the injurious accident does not necessarily mean that he was
license. c) Is the exercise of due diligence in the selection and operating the vehicle within the scope of his employment. In
supervision of Peter and Paul a material issue to be Castilex Industrial Corp. v. Vasquez Jr (321 SCRA393
resolved in this case? [1999]).
SUGGESTED ANSWER: the Supreme Court held that notwithstanding the fact that the
A. Yes. It will prosper (Art, 2180) because at the time he employee did some overtime work for the company, the
drove the vehicle, he was not performing his assigned tasks as former was, nevertheless, engaged in his own affairs or
provided for by Art. 2180. With respect to SSPA, it is not carrying out a personal purpose when he went to a restaurant
liable for the acts of Peter because the latter was not an at 2:00 a.m. after coming out from work. The time of the
employee as held by Supreme Court in Filamer Christian accident (also
Institute vs. CA. (190 SCRA 485). Peter belongs to a special 2:00 a. m.) was outside normal working hours.
category of students who render service to the school in
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Vicarious Liability (2002) injuries.
1. Can Dennis file an independent civil action against Carlos
Explain the concept of vicarious liability in quasi-delicts. and his father Benjamin for damages based on quasi-delict?
(1%) Explain. (2,5%)
SUGGESTED ANSWER: SUGGESTED ANSWER: Yes, Dennis can file an independent
renders a person liable for the negligence of others for whose civil action against Carlos and his father for damages based on
acts or omission the law makes him responsible on the theory quasi-delict there being an act or omission causing damage to
that they are under his control and supervision. another without contractual obligation. Under Section 1 of
Rule 111 of the 2000 Rules on Criminal Procedure, what is
Vicarious Liability (2004) deemed instituted with the criminal action is only the action to
OJ was employed as professional driver of MM Transit bus recover civil liability arising from the act or omission punished
owned by Mr. BT. In the course of his work, OJ hit a by law. An action based on quasi-delict is no longer deemed
pedestrian who was seriously injured and later died in the instituted and may be filed separately [Section 3, Rule 111,
hospital as a result of the accident. The victims heirs sued Rules of Criminal Procedure].
the driver and the owner of the bus for damages. Is there a 2. Assuming Dennis' action is tenable, can Benjamin raise
presumption in this case that Mr. BT, the owner, had been the
negligent? If so, is the presumption absolute or not? defense that he is not liable because the vehicle is not
Explain. (5%) registered in his name? Explain. (2.5%)
CIVIL LAW Answers to the BAR as Arranged by Topics (Year 1990-
SUGGESTED ANSWER: 2006)
Yes, there is a presumption of negligence on the part of the SUGGESTED ANSWER: No, Benjamin cannot raise the called
employer. However, such presumption is rebuttable. The oncomouse in Manila? What will be your advice to
liability of the employer shall cease when they prove that they defense that the vehicle is not registered in his name. His liability,
observed the diligence of a good father of a family to prevent vicarious in character, is based on Article 2180 because he is the
damage (Article 2180, Civil Code). father of a minor who caused damage due to negligence. While
When the employee causes damage due to his own negligence the suit will prosper against the registered owner, it is the actual
while performing his own duties, there arises the juris tantum owner of the private vehicle who is ultimately liable (See Duavit v.
presumption that the employer is negligent, rebuttable only by CA, G.R. No. L-29759, May 18, 1989). The purpose of car
proof of observance of the diligence of a good father of a registration is to reduce difficulty in identifying the party liable in
family (Metro Manila Transit v. CA, 223 SCRA 521 [1993]; case of accidents
Delsan Transport Lines v, C&tA Construction, 412 SCRA 524 (Villanueva v. Domingo, G.R. No. 144274, September 14,
2003). 2004).
Likewise, if the driver is charged and convicted in a criminal Vicarious Liability; Public Utility (2000)
case for criminal negligence, BT is subsidiarily liable for the Silvestre leased a car from Avis-Rent-A-Car Co. at the
damages arising from the criminal act. Mactan International Airport. No sooner had he driven the
Vicarious Liability (2006) car outside the airport when, due to his negligence, he
Arturo sold his Pajero to Benjamin for P1 Million. Benjamin bumped an FX taxi owned and driven by Victor, causing
took the vehicle but did not register the sale with the Land damage to the latter in the amount of P100,000.00. Victor
Transportation Office. He allowed his son Carlos, a minor who filed an action for damages against both Silvestre and Avis,
did not have a driver's license, to drive the car to buy pan de sal based on quasi-delict. Avis filed a motion to dismiss the
in a bakery. On the way, Carlos driving in a reckless manner, complaint against it on the ground of failure to state a cause
sideswiped Dennis, then riding a bicycle. As a result, he suffered of action. Resolve the motion. (3%)
serious physical injuries. Dennis filed a criminal complaint against
Carlos for reckless imprudence resulting in serious physical SUGGESTED ANSWER:
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The motion to dismiss should be granted, AVIS is not the acceleration, the brakes locked, causing the van to go even faster
employer of Silvestre; hence, there is no right of action and eventually to hit the car in front of it. Orlando and Diego
against AVIS under Article 2180 of the Civil Code. Not being contend that the sudden malfunction of the vans brake system is a
the employer, AVIS has no duty to supervise Silvestre. fortuitous even and that, therefore, they are exempt from any
Neither has AVIS the duty to observe due diligence in the liability. Is this contention tenable? Explain. (2%) SUGGESTED
selection of its customers. Besides, it was given in the ANSWER: No. Mechanical defects of a motor vehicle do not
problem that the cause of the accident was the negligence of constitute fortuitous event, since the presence of such defects
Silvestre. would have been readily detected by diligent maintenance check.
The failure to maintain the vehicle in safe running condition
Defense; Due Diligence in Selection (2003) As a result of a constitutes negligence.
collision between the taxicab owned by A and another taxicab
owned by B, X, a passenger of the first taxicab, was seriously Liability; School, School Administrators, Teachers (2010)
injured. X later filed a criminal action against both drivers. May On May 5, 1989, 16-year old Rozanno, who was issued a student
both taxicab owners raise the defense of due diligence in the permit, drove to school a car, a gift from his parents. On even date,
selection and supervision of their drivers to be absolved from as his class was scheduled to go on a field trip, his teacher
liability for damages to X? Reason. 5% requested him to accommodate in his car, as he did, four (4) of his
classmates because the van rented by the school was too crowded.
SUGGESTED ANSWER: It depends. If the civil action is based on a On the way to a museum which the students were scheduled to
quasi-delict the taxicab owners may raise the defense of diligence visit, Rozanno made a wrong maneuver, causing a collision with a
of a good father of a family in the selection and supervision of the jeepney. One of his classmates died. He and the three (3) others
driver; if the action against them is based on culpa contractual or were badly injured. a. Who is liable for the death of Rozannos
civil liability arising from a crime, they cannot raise the defense. classmate and the injuries suffered by Rozanno and his 3 other
Filing of Separate Civil Action; Need for Reservation (2003) classmates? Explain. (2%)
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, SUGGESTED ANSWER: At the time the incident occurred in May
was seriously injured. X later filed a criminal action against both 1989, Rozanno was still a minor. Being a minor, Article 218 of the
drivers. Is it necessary for X to reserve his right to institute a civil Family Code applies. Pursuant to Article 218, the school, its
action for damages against both taxicab owners before he can file a administrators and teachers shall be liable for the acts of the minor
civil action for damages against them? Why SUGGESTED Rozanno because of the special parental authority and
ANSWER: It depends. If the separate civil action is to recover responsibility that they exercise over him. This authority applies to
damages arising from the criminal act, reservation is necessary. If all authorized activities whether inside or outside the premises of
the civil action against the taxicab owners is based on culpa the school, entity or institution. The field trip, on which occasion
contractual, or on quasi-delict, there is no need for reservation. Rozanno drove the car, was an authorized activity, and, thus,
covered by the provision. Furthermore, the parents of Rozanno are
(Casupanan v. Laroya GR No. 145391, August 26, 2002). subsidiarily liable pursuant to Article 219 (FC), and principally liable
Fortuitous Event; Mechanical Defects (2002) under Article 221 (FC) if they were negligent. b. How about the
negotiating a downhill slope of a city road, suddenly gained speed, damage to the jeepney? Explain. (2%)
obviously beyond the authorized limit in the area, and bumped a
car in front of it, causing severed damage to the care and serious Liability of Possessor of Animal (2010) Primo owns a pet
injuries to its passengers. Orlando was not in the car at the time of iguana which he keeps in a man-made pond enclosed by a fence
the incident. The car owner and the injured passengers sued situated in his residential lot. A typhoon knocked down the fence of
Orlando and Diego for damages caused by Diegos negligence. In the pond and the iguana crawled out of the gate of Primos
their defense, Diego claims that the downhill slope caused the van residence. N, a neighbor who was passing by, started throwing
to gain speed and that, as he stepped on the brakes to check the stones at the iguana, drawing the iguana to move toward him. N
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panicked and ran but tripped on something and suffered a broken present in court to justify the damages that your client claims?
leg. Is anyone liable for Ns injuries? Explain. (4%) (8%)
SUGGESTED ANSWER: No one is liable. The possessor of an SUGGESTED ANSWER: I will base the claim of my client on quasi-
animal or whoever may make use of the same is responsible for the delict under Article 2176 of the Civil Code of the Philippines. The
damage which it may cause, although it may escape or be lost. This requisites for a claim under quasi-delict to prosper are as follows:
responsibility shall cease only in case the damage should come 1. Act or omission, there being fault and negligence;
from force majeure or from the fault of the person who has suffered 2. Damage or injury; and
damage (Art. 2183, NCC). 3. Causal connection between the damage and the act or omission.
Quasi-delict; Action for Damages (2013) The case clearly involves a quasi-delict where my client, the bicycle
A collision occurred at an intersection involving a bicycle and a rider, suffered injury as a result of the negligence of the over-
taxicab. Both the bicycle rider (a businessman then doing his speeding taxi driver, without fault on my clients part. To prove
morning exercise) and the taxi driver claimed that the other was at actual damages, aside from the testimony of my client, I will
fault. Based on the police report, the bicycle crossed the present his hospital and medical bills. Receipts of the fees paid on
intersection first but the taxicab, crossing at a fast clip from the the rehabilitation will also be presented. [The sentence in red
bicycle's left, could not brake in time and hit the bicycle's rear should be replaced with the following sentence because he is a
wheel, toppling it and throwing the bicycle rider into the sidewalk 5 business man and not an employee. Furthermore, I will present
meters away. The bicycle rider suffered a fractured right knee, income tax returns, contracts and other documents to prove
sustained when he fell on his right side on the concrete side walk. unrealized profits as a result of his temporary injury.] I will also call
He was hospitalized and was subsequently operated on, rendering the attending physician to testify as to the extent of the injuries
him immobile for 3 weeks and requiring physical rehabilitation for suffered by my client, and to corroborate the contents of the
another 3 months. In his complaint for damages, the rider prayed medical documents. Based on Article 2202, in quasi-delicts, the
for the award ofP1,000,000 actual damages,P200,000 moral defendant shall be liable for all damages which are the natural and
damages, P200,000 exemplary damages, P1 00,000 nominal probable consequences of the act or omission complained of. It is
damages and P50,000 attorney's fees. Assuming the police report not necessary that such damages have been foreseen or could
to be correct and as the lawyer for the bicycle rider, what evidence have been foreseen by the defendant.
(documentary and testimonial) and legal arguments will you