TORTS AND DAMAGES QUESTIONS Submitted by: Francis Rafael A. Pacayra
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 !"plain. #$
ANSWER:
%es, they can recover damages from the bus company, however, only damages arising from the in&uries 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:
As a result result of a collision between between the ta"icab ta"icab owned owned by A and another ta"icab owned by ', (, a passenger of the first ta"icab, was seriously in&ured. ( later filed a criminal action against both drivers. )ay both ta"icab owners raise the defense of due diligence in the selection and supervision of their drivers to be absolved from liability for damages to ( Reason. #$
ANSWER:
If the action is against them is based on damges arising from *uasi+delict, they may raise such defense of having e"ercised 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:
As a result result of a collision between between the ta"icab ta"icab owned owned by A and another ta"icab owned by ', (, a passenger of the first ta"icab, was seriously in&ured. ( 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 ta"icab 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 0ourt of Appeals and, in addition, addition, although the prosecution prosecution had had not appealed appealed at at all, the appellate court increased the indemnity for death from P12,2222 to P#2,2222. 3n his appealto the Supreme 0ourt, among the other things ohnt )aton brought to the high court/s attention, was the increase of indemnity imposed by the 0ourt of Appeals despite the clear fact that the People had not appealed from the appellate court/s decisions. Is ohny )aton correct ANSWER:
4o, 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. 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 &udgement on the crime crime has not yet become become final. final.
QUESTION:
5ino sued 'en for damages because the latter had failed to deliver the anti*ue )ercedes 'en6 car 5ino had purchased from 'en, which was by agreement due for delivery on 5ecember 17, 7881. 'en, in his answer to 5ino/s complaint, said 5ino/s claim has no basis for the suit, because as the car was being driven to be delivered to 5ino on anuary 7,7889, a recless truc driver had rammed into )ercede6 'en6. ;he ;rial ;rial court dismissed 5ino/s complaint, saying 'en/s obligation had, indeed, been e"tinguished by force ma&eure. Is the ;rial 0ourt correct ANSWER:
4o, the trial court is incorrect.
1976
QUESTION:
5uring a brawl in a basetball game, A attacs ' with a bottle and causes physical in&uries. If ' files a civil case against A for damages and during its pendency a criminal case was filed against A, should the civil case be suspended meanwhile !"plain.
ANSWER:
4o, because according to law, civil action for damages arising from physical in&uries 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:
%es, the civil case may be filed during the pendency of the criminal action, because such action is an independent civil action.
QUESTIONS:
5oes Article 11 of the 0ivil 0ode on separate civil action for damages arising from in&uries re*uire that there be a reservation in the criminal case to file a separate civil action
ANSWER:
4o, because such action for damages are separate and distinct from the criminal action and may proceed independently from criminal action. Such is a substantive right and cannot be rendered nugatory by the Rules of 0ourt.
(PS. There are no Tor! an" Da#a$e! %ar &'e!on! "'rn$ 19)* +
