MEMORANDUM FOR THE PLAINTIFF

Plaintiff, by counsel and unto this Honourable Court, most respectfully states

STATEMENT OF THE CASE

This is an action filed by plaintiff Alex against defendant Julio for the injury caused by James. The case
arose from James scaring off Andy into jumping off the fence, which in turn fractured Andy's left foot.

STATEMENT OF FACTS

The facts are, on the afternoon of July 7, Andy and James were walking the adobe fence at the back of
the barangay hall. Andy teased the time when James walked the fence. When Andy's turn came, James
made a joke and said that a policeman was coming towards them which is not true. Andy panicked and
jumped from the fence to the ground, he fractured his left leg.

STATEMENT OF ISSUES

Whether James is liable for the injury of Andy under Art. 2176

Whether Julio is liable for the omission of James under Art. 221

DISCUSSION

Article 2176 Whoever by act or omission causes damage to another, there being fault or negligence, is
obliged to pay for the damage done. Such fault or negligence, if there is no pre-existing contractual
relation between the parties, is called a quasi-delict...

Article 221 - Parents and other persons exercising parental authority shall be civilly liable for the injuries
and damages caused by the acts or omissions of their unemancipated children living in their company
and under their parental authority subject to the appropriate defenses provided by law.

James can be held liable under Art. 2179 by fault of scaring Andy into jumping off the fence, however it
is a fact that James is a minor, thus Julio should be held liable for the omission caused by James under
Art. 221 as he is exercising parental authority towards James, an unemancipated minor in the company
of Julio.

Therefore, Julio is liable for the omission caused by James under Art. 2176 by virtue of Art. 221 of the
NCC.

PRAYER

WHEREFORE, plaintiff Alex respectfully reiterates its prayer in the Complaint that the Honorable Court
render judgement ordering the defendant Julio for indemnification for damages.

Plaintiff prays for such further or other relief as may be deemed just or equitable.