MIDTERM EXAMINATION
TORTS
BY: DR. GLENN R. LUANSING
INSTRUCTION: ANSWER THE FOLLOWING QUESTIONS WITH
LEGAL REFERENCE.
1. A collision occurred at an intersection involving a bicycle and a
taxicab. Both the bicycle rider (a businessman then doing his
morning exercise) and the taxi driver claimed that the other
was at fault. Based on the police report, the bicycle crossed
the intersection first but the taxicab, crossing at a fast clip from
the bicycle's left, could not brake on time and hit the bicycle's
rear wheel, toppling it and throwing the bicycle rider into the
sidewalk 5 meters away. The bicycle rider suffered a fractured
right knee, sustained when he fell on his right side on the
concrete side walk. He was hospitalized and was
subsequently operated on, rendering him immobile for 3
weeks and requiring physical rehabilitation for another 3
months. In his complaint for civil damages, the rider prayed for
the award Of P200,000 actual damages, P200,000 moral
damages, P200,000 exemplary damages, P100,000 nominal
damages and P50,000 attorney's fees. During trial, the
prosecutor adduced evidence to prove that the taxi driver had
committed reckless imprudence (Article 365, RPC). After trial
in the criminal case, the court acquitted the accused, but
awarded P50,000 civil indemnity. Feeling aggrieved, the
prosecutor appealed the case, contending that the trial court
erred in not awarding damages to the victim for P750,000.00,
and not P50,000.00.
A. Is there a valid appeal? 5 points
ANSWER:
b. Can the prosecutor elect to file a separate civil action
arising from quasi-delict as remedy after the accused was
acquitted in the criminal case?
ANSWER:
2. A pedestrian, who was four (4) months pregnant, was hit by a
bus driver while crossing the street. Although the pedestrian
survived, the fetus inside her womb was aborted. Can the
pedestrian recover damages on behalf of the dead fetus? 5
points
ANSWER:
3. Spacetrip is a new ride inside Batibot Themepark. This ride
includes a steel wagon traversing at high-speed using a steel
railing and is equipped with a side escape system to allow
passengers to immediately alight should there be a
malfunction. This ride is widely used among foreign theme
parks and comes with Industry Standards Approval
(Independent Safety Assessor Inc.) as safe. Paula, who
wanted an adventure, decided to purchase a ticket for a ride.
At the back of the ticket were on fine prints containing this
statement: “Although Batibot Themepark has taken all
reasonable measures to provide a safe ride, I understand that
Spacetrip is dangerous and waives all claims if necessary.”
Shortly after takeoff, an unexplainable malfunction happened
and the Spacetrip wagon was derailed. Paula was thrown
away and was critically injured, but survived.
a. Can Paula file for an action to recover damages against
Batibot Themepark? 5 points
ANSWER:
b. Can Paula file for an action to recover damages against
Industry Standards Approval? 5 points
ANSWER:
4. A driver of a bus owned by company Z ran over a boy who died
instantly. A criminal case for reckless imprudence resulting in
homicide was filed against the driver. He was convicted and was
ordered to pay P2 Million in actual and moral damages to the
parents of the boy who was an honor student and had a bright
future. The accused timely filed an appeal for reversal of his
conviction. Without even trying to find out if the driver had assets or
means to pay the award of damages, the parents of the boy filed a
civil action against the bus company to make it directly liable for the
damages.
a) Will their action prosper? 5 points
ANSWER:
b) If the driver dies during the pendency of the appeal, can the
family of the boy still receive awards for damages? 5 points
ANSWER:
5. While waiting for a PUJ to arrive, Lara positioned herself
under an old building being renovated by AA Construction
Company. There is warning sign posted on the wall “Keep
Out, Construction in Progress” (Hard Hat Area). The
building renovation is intended as future high school building
for the City of Pasay. A sudden magnitude 7.8 earthquake
jolted the earth, and hollow blocks from 5 th floor of said building
fell on Lara's head, resulting to her instant death.
Hence, the following claims for damages. (5 points each)
a. Can Lara's heirs file civil action for damages against City of
Pasay? Can the City of Pasay contend immunity from suit or
payment for damages? Explain your basis.
ANSWER:
b. Can Lara's heirs file civil action for damages against AA
Construction Company? Explain your basis.
ANSWER:
6. On May 1, 2020, Anjo (bus driver) was driving a
passenger bus at normal speed on a two-way road, when
a 6-year-old boy suddenly ran across the street to pick up
his ball. The bus immediately turned left to avoid injury to
the boy, but collided with a private car coming from
opposite side of the street. The driver of the car instantly
died. The parents of the boy were both at work during the
accident and a caretaker was hired, on an hourly basis, to
look after the child. As a trial court judge, resolve the
following claims:
a. To whom will the bus operator be liable?
ANSWER:
b. To whom will the bus driver be liable?
ANSWER
c. What are the possible defenses of the driver and the
operator?
ANSWER:
