TORTS AND DAMAGES QUESTIONS

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 inuries 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. !ut 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:
"s a result of a collision between the taxicab owned by "
and another taxicab owned by !, #, a passenger of the first
taxicab, was seriously inured. # later filed a criminal action
against both drivers.
$ay 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 #? %eason. 5%
ANSWER:
If the action is against them is based on damges arising from &uasi'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. (owever, if the action
is based on culpa contractual and delict, they cannot raise such defense.
QUESTION:
"s a result of a collision between the taxicab owned by "
and another taxicab owned by !, #, a passenger of the first
taxicab, was seriously inured. # later filed a criminal action
against both drivers.
Is it necessary for # 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? )hy
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. (owever,
if such separate civil action is to recover damages based on culpa contractual or
&uasi'delict, no reservation is necessary.
1994
QUESTION:
*ohny $aton+s conviction for homicide was affirmed by the ,ourt of
"ppeals and, in addition, although the prosecution had not appealed at all, the
appellate court increased the indemnity for death from -./,//// to -5/,////.
0n his appealto the 1upreme ,ourt, among the other things *ohnt $aton brought
to the high court+s attention, was the increase of indemnity imposed by the ,ourt
of "ppeals despite the clear fact that the -eople had not appealed from the
appellate court+s decisions.
Is *ohny $aton correct?
ANSWER:
2o, such contention is not correct, because upon appeal to the appallate
court, the court ac&uired urisdiction over the entire case, criminal as well as civil.
1ince 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
udgement on the crime has not yet become final.
QUESTION:
3ino sued !en for damages because the latter had failed to deliver the
anti&ue $ercedes !en4 car 3ino had purchased from !en, which was by
agreement due for delivery on 3ecember .5, 566.. !en, in his answer to 3ino+s
complaint, said 3ino+s claim has no basis for the suit, because as the car was
being driven to be delivered to 3ino on *anuary 5,5667, a rec8less truc8 driver
had rammed into $ercede4 !en4. 9he 9rial court dismissed 3ino+s complaint,
saying !en+s obligation had, indeed, been extinguished by force maeure.
Is the 9rial ,ourt correct?
ANSWER:
2o, the trial court is incorrect. :oss 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 . 9hus, in
the case involved, 3ino, being in default already when the car was being
delivered, cannot be absolved due to fortuitous event.
1976
QUESTION:
3uring a brawl in a bas8etball game, " attac8s ! with a bottle and causes
physical inuries. If ! files a civil case against " for damages and during its
pendency a criminal case was filed against ", should the civil case be suspended
meanwhile? Explain.
ANSWER:
2o, because according to law, civil action for damages arising from
physical inuries 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:
3oes "rticle .. of the ,ivil ,ode on separate civil action for damages
arising from inuries re&uire that there be a reservation in the criminal case to file
a separate civil action?
ANSWER:
2o, because such action for damages are separate and distinct from the
criminal action and may proceed independently from criminal action. 1uch is a
substantive right and cannot be rendered nugatory by the %ules of ,ourt.

(PS. There are no Tor! an" Da#a$e! %ar &'e!(on! "'r(n$
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