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4th SET OF HOME STUDY QUESTIONS (May 26, 2020)

1. On January 5, 1992, Nonoy obtained a loan of Pl,000,000.00 from his friend Raffy.
The promissory note did not stipulate any payment for Interest. The note was due on
January 5, 1993 but before this date the two became political enemies. Nonoy, out of
spite, deliberately defaulted in paying the note, thus forcing Raffy to sue him.
1) What actual damages can Raffy recover?
2) Can Raffy ask for moral damages from Nonoy?
3) Can Raffy ask for nominal damages?
4) Can Raffy ask for temperate damages?
5) Can Raffy ask for attorney’s fees?

2. a) 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.

b) Suppose the said pregnant passenger did not suffer an abortion but proceeded
anyway to an abortionist clinic and without her husband’s knowledge and consent
had her 3-month old foetus removed from her womb. May her husband be able to
claim for damages and against whom?

3. Johnny 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 P30,000.00 to P50,000.00. On his appeal
to the Supreme Court, among the other things Johnny 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
judgment. Is Johnny Maton correct?

4. 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. DT and MT were prominent members of the frequent travelers’ club of FX

Airlines. In Hongkong, the couple were assigned seats in Business Class for which
they had bought tickets. On checking in, however, they were told they were
upgraded by computer to First Class for the flight to Manila because the Business
Section was overbooked. Both refused to transfer despite better seats, food, beverage
and other services in First Class. They said they had guests in Business Class they
should attend to. They felt humiliated, embarrassed and vexed, however, when the
stewardess allegedly threatened to offload them if they did not avail of the upgrade.
Thus they gave in, but during the transfer of luggage DT suffered pain in his arm
and wrist. After arrival in Manila, they demanded an apology from FX’s
management as well as indemnity payment. When none was forthcoming, they sued
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the airline for a million pesos in damages. Is the airline liable for actual and moral
damages? Why or why not? Explain briefly.

6. A Gallant driven by John and owned by Art, and a Corolla driven by its owner,
Gina, collided somewhere along Adriatico Street. As a result of the accident, Gina
had a concussion. Subsequently. Gina brought an action for damages against John
and Art. There is no doubt that the collision is due to John’s negligence. Can Art,
who was in the vehicle at the time of the accident, be held solidarily liable with his
driver, John?

ANSWERS TO 4TH SET OF QUESTIOS (May 27, 2020)

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1) Raffy may recover the amount of the promissory note of P1 million, together with interest
at the legal rate from the date of judicial or extrajudicial demand. In addition, however,
inasmuch as the debtor is in bad faith, he is liable for all damages which may be reasonably
attributed to the non-performance of the obligation. (Art. 2201(2). NCC).

2) Yes, under Article 2220, NCC moral damages are recoverable in case of breach of contract
where the defendant acted fraudulently or in bad faith.

3) Nominal damages may not be recoverable in this case because Raffy may already be
indemnified of his losses with the award of actual and compensatory damages. NOMINAL
DAMAGES are adjudicated only in order that a right of the plaintiff, which has been
violated or invaded by the defendant may be vindicated or recognized, and not for the
purpose of indemnifying the plaintiff for any loss suffered by him. (Article 2231. Civil Code).

4) Raffy may ask for, but would most likely not be awarded temperate damages, for the
reason that his actual damages may already be compensated upon proof thereof with the
promissory note. TEMPERATE DAMAGES may be awarded only when the court finds that
some pecuniary loss has been suffered but its amount cannot, from the nature of the case, be
proved with certainty. (Article 2224, Civil Code).

5) Yes, under paragraph 2, Article 2208 of the Civil Code, considering that Nonoy’s act or
omission has compelled Raffy to litigate to protect his interests. Furthermore. attorneys’ fees
may be awarded by the court when it is just and equitable. (Article 2208(110) Civil Code).

2. a) No, the spouses cannot recover actual damages in the form of indemnity for the loss of
life of the unborn child. This is because the unborn child is not yet considered a person and
the law allows indemnity only for loss of life of person. The mother, however may recover
damages for the bodily injury she suffered from the loss of the fetus which is considered
part of her internal organ. The parents may also recover damages for injuries that are
inflicted directly upon them, e.g., moral damages for mental anguish that attended the loss
of the unborn child. Since there is gross negligence, exemplary damages can also be
recovered. (Gelus v.CA, 2 SCRA 801 [1961])

b) Section 12 of Article II of the 1987 Constitution states that the State x xx shall equally
protect the life of the mother and the life of the unborn from conception, “xxx”. This confers
a civil personality on the unborn from the moment of conception. Hence, the husband can
file a case for damages against the abortionist, namely, (a) for indemnity for the death of the
fetus, (b) moral damages for the mental anguish and anxiety he suffered, (c) exemplary
damages, (d) nominal damages, and (e) attorney’s fees. Actual damages may also be
recovered provided the pecuniary loss suffered is substantiated and proved.

3. In Abejam v. Court of Appeals, the Supreme Court said that even if the issue of damages
were not raised by the appellant in the Court of Appeals but the Court of Appeals in its
findings increased the damages, the Supreme Court will not disturb the findings of the
Court of Appeals. The contention of the accused is not correct because upon appeal to the
Appellate Court, the court acquired jurisdiction over the entire case, criminal as well as civil.
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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 the judgment on the crime
has not yet become final. Courts can review matters not assigned as errors.

4. It depends. If the civil action is based on a quasi-delict the taxicab owners may raise the
defense of diligence of a good father of a family in the selection and supervision of the
driver; if the action against them is based on culpa contractual or civil liability arising from a
crime, they cannot raise the defense.

5. FX Airlines committed breach of contract when it upgraded DT and MT, over their
objections, to First Class because they had contracted for Business Class passage. However,
although there is a breach of contract, DT and MT are entitled to actual damages only for
such pecuniary losses suffered by them as a result of such breach. There seems to be no
showing that they incurred such pecuniary loss. There is no showing that the pain in DT’s
arm and wrist resulted directly from the carrier’s acts complained of. Hence, they are not
entitled to actual damages. Moreover, DT could have avoided the alleged injury by
requesting the airline staff to do the luggage transfer as a matter of duty on their part. There
is also no basis to award moral damages for such breach of contract because the facts of the
problem do not show bad faith or fraud on the part of the airline. (Cathay Pacific v.
Vazquez, 399 SCRA 207 [2003]). However, they may recover moral damages if the cause of
action is based on Article 21 of the Civil Code for the humiliation and embarrassment they
felt when the stewardess threatened to offload them if they did not avail of the upgrade.

6. Yes. Art may be held solidary liable with John, if it was proven that the former could
have prevented the misfortune with the use of due diligence. Article 2184 of the Civil Code
states: “In motor mishaps, the owner is solidary liable with his driver, if the former, who
was in the vehicle, could have, by the use of due diligence, prevented the misfortune, x x x”

5TH SET OF HOME STUDY QUESTIONS (May 27, 2020)

1. X is engaged in the business of transporting goods or persons or both by land, water, or

air offering services to the public. He does this periodically and without yet a certificate of
public convenience. Is X considered a common carrier? How does a common carrier differ
from a private carrier?
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2. DUMC contracted the services of PKS Shipping Co. for the transport of 75,000 bags of
cement from Zamboanga to Manila. The cargo were loaded aboard a dumb barge owned by
PKS Shipping. The barge sank resulting in the loss of the cargo. In a suit filed against the
latter, the latter held that it cannot be held liable it being a private carrier. Is the defense
proper? Why?

3. X transported goods from Manila to Cebu without declaring the value of the goods. The
bill of lading states that in case of loss or destructioj of the goods, the carrier shall be liable
only to the extent of PhP2000.00 per package. There was a loss or destruction of the goods,
hence, a suit for damages was filed, the plaintiff seeking to recover the amount of
PhP10,000.00 per package. Decide/.

4. Despite a storm signal No. 2 which was released by PAGASA, the captain of M/V Dona
Marilyn ordered the vessel to proceed to Tacloban City. It met inclement weather, resulting
in its sinking, death of passengers and loss of cargo and damage. A daughter of X died. The
RTC awarded actual and compensatory damages in a suit for damages without proof of said
damages. Is the decision valid? Why?

5. Upon arrival of PARTAS from Cubao, QC, the sacks of rice being transported by the same
were unloaded and stored at its bodega. If the sacks of rice will be partially destroyed due to
rain water, will PARTAS be liable for the damage? Should the carrier still exercise
extraordinary diligence? Why? Is there an exception to the rule? What is stoppage in
transitu?

6. A boarded a bus belonging to Victory Bus Liner from Olongapo City. On the way to
Baguio City, a stone was thrown by an unknown person, hitting A and causing his
blindness. He sued the carrier for damages contending that the latter failed to transport him
safely to his destination with utmost diligence. Is the carrier liable? Why?

ANSWERS TO THE 5TH SET OF QUESTIONS (May 28, 2020)

1. Yes, X is a common carrier, he being engaged in the business of transporting goods or

persons or both by land, water, or air, for compensation, offering his services to the public.
His lack of a certificate of public convenience does not remove his being a common carrier.
A common carrier differs from a private carrier. A private or special carrier undertakes an
isolated transaction, not part of the business or occupation, does not hold itself out to carry
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goods for the general public or to a limited clientele, although involving the carriage of
goods for a fee.

2. No, because a common carrier is a person engaged in a public service is one whose
principal business activity is the carrying of persons or goods or both as well as one who
does such carrying only as ancilliary activity or sideline. The law does not distinguish
between one offering transportation service on a regular or scheduled basis and one offering
such service on an occasional, episodic, or unscheduled basis, to the general public or to a
narrow segment of the population.

3. The plaintiff is not entitled to the amount of P10,000.00 per package. Under the law, a
stipulation that the carrier’s liability is limited to the value of the goods appearing in the bill
of lading, unless the shipper or owner declares a greater value, is binding (Art. 1748, NCC).

4. Yes. A common carrier is liable for actual or compensatory damages under Art. 2206 in
relation to Art. 1764 of the Civil Code for deaths of its passengers caused by breach of
contract of transportation (Sulpicio Lines, Inc. v. CA, et al., G.R. No. 113578, July 14, 1995)

5. Yes, the carrier is still under obligation to exercise such extraordinary diligence. Art.
1737,NCC states that the common carrier’s duty to observe extraordinary diligence in the
vigilance over the goods remains in full force and effect even when they are temporarily
unloaded or stored in transit, unless the shipper or owner has made use of the right of
stoppage in transit. Stoppage in transit is the right of an unpaid seller to resume possession
of goods sold upon credit before they come into the possession of a buyer who has become
insolvent or bankrupt.

6. No. A common carrier does not give the consent to become an insurer of any and all risks
of travel but merely undertakes to perform certain duties to the public as the law imposes
and holds itself for any breach thereof. (Pilapil vs. CA). Furthermore, the SC said that the
throwing of the stone can be considered as a force majeure for which no one is liable.

6TH SET OF HOME STUDY QUESTIONS:

1. What is the principle of damnum absque injuria? A person who was carefully driving his
car one rainy day was blinded by lightning at the time of the incident when he hit a
pedestrian. Is he liable for actual or compensatory damages? What may constitute actual
damages?

2. A passenger died. She was 40 years old and prior to her death, she a Section Chief of the
BIR Her husband testified that she was earning P83,088.00. Compute for the loss of earning
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capacity. Suppose the husband did not present any documentary evidence, will the award
for loss of earning capacity be proper? Why?

3. A third year high school student was hit by a motor vehicle while crossing a street. She
died, hence, the parents filed a suit for damages against the driver and the bus company
who after trial were found negligent. In addition to the award of actual, moral, exemplary
damages and attorney’s fees, should the bus company and driver be also held to answer for
the loss of earning capacity of the deceased?

4. What are included in moral damages? Enumerate the instances when moral damages may
be recovered. May a corporation be awarded moral damages?

5. When may nominal damages be recovered? Give instances. May a buyer’s failure and
refusal to pay unpaid balance to a seller be liable for nominal damages?

6. What are liquidated damages? Give instances. In a Loan Agreement, are the provisions of
“3% penalty for every month of delay”, “2% litigation expenses and 1% attorney’s fees of the
amount due” considered liquidated damages?

ANSWERS TO THE 6TH SET OF QUESTIONS (May 29, 2020)

1. Damnum absque injuria means that there can be damaged without injury, and hence no
liability. A person can be hurt but no legal wrong was committed. Damages caused by force
majeure, act of God, or fortuitous event may exempt one from liability. The driver hit by
lightning, a fortuitous event, cannot be liable for hitting the pedestrian. Actual or
compensatory damages refer to both the loss suffered as well profits or expected earnings.
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2. The formula for computation of loss of earning capacity is as follows: Net earning capacity
= Life expectancy x [Gross Annual Income-Living Expenses (50%of the gross annual
income)], where life expectancy = 2/3 (80-the age of the deceased). In the instant problem,
the computation would be as follows: Losss of earning capacity = [2/3 (80-40)] x [(P83088 x
12)-498528]=P6,6467,840. However, having failed to present documentary evidence of the
loss of earning capacity, the plaintiff will not be granted the award. Actual or compensatory
damages cannot be presumed, cannot be subject of speculation, conjecture, or guesswork
(Jose Ching Sui Yong vs. IAC, G.R. No. 64398, Nov. 6, 1990

3. Yes. Compensation should be allowed for loss of earning capacity even if the minor has
not yet commenced employment or training for a specific profession provided sufficient
evidence is presented to establish the amount thereof. (Rosales, et.al vs. CA, et al. G.R. No.
126395, Nov. 16, 1998)

4. Moral damages include physical suffering, mental anguish, fright, serious anxiety,
besmirched reputation, wounded feelings, moral shock, social humiliation, and similar
injury. The instances when moral damages may be awarded are enumerated in Art. 2219,
NCC. A corporation may be awarded moral damages. Art. 2219, par 7 does not qualify
whether the plaintiff is natural or juridical person. A corporation may have a reputation that
is debased, resulting in its humiliation in the business community (Meralco vs T.E.A.M
Electronics Coastal Corp. vs. Southern Rolling Mills, Co. G.R. No. 118692, July 28, 2007; ABS-
CBN vs CA, 361 Phil. 499 (1999).

5. Nominal damages are adjudicated in order that a right of the plaintiff, which has been
violated or invaded by the defendant, may be vindicated or recognized, and not for the
purpose of indemnifying the plaintiffs for any loss suffered by them.(Art. 2221, NCC).
Examples: rights of unpaid seller, right of legal redemption, right of first refusal. As long as
there is a showing of a violation of the right of plaintiff, an award of nominal damages is
proper.

6. Liquidated damages are those agreed upon by the parties to a contract, to be paid in case
of breach thereof. Art. 2226, NCC). Yes, the provisions referred to are instances of liquidated
damages.