PHILIPPINE CAMBRIDGE SCHOOL OF LAW

SUBJECT: Torts and Damages

FINAL EXAMINATION
Faculty: Atty. Florante A. Zagada
I.
James, 5 years old, while crossing the street was run over by a San
Agustin Bus driven by Mariano. James died instantly. After running over
James, the bus moved wayward and hit a house beside a street where Maria
and his daughter Gerlie were seriously injured. Five (5) passengers of San
Agustin who were inside the bus also suffered cuts and bruises which required a
medical attention for less than 9 days. Immediately after the accident, when the
townspeople were coming to their rescue, Mariano managed to run away and
hide for several days but later he was arrested by the police. Given the
circumstances, answer the following questions:
a) If the parents of James want to sue, what are the options available
to Jamess parents in filing a case ? Explain (5%)

b) How about Maria and Gerlie, if they want to sue, what are the
options available to them if they want to file a case? Explain (5%)

c) How about the four passengers of the San Agustin Bus, if they want
to sue, what are the options available to them if they want to file a
case? (5%)

d) If Mariano is sued by the parents of James, Maria and her daughter

in a civil suit for damages, what is his available defense? (3%)

e) How about the operator of San Agustin bus, what is their available
defense in both civil or criminal cases that maybe filed against their
driver? (5%)

f)

g)

Suppose the guilt of Mariano is not proven beyond reasonable

doubt, and he is acquitted, can the parents of James still sue
Mariano for culpa aquiliana? Explain why? (5%)
If Mariano is convicted in the criminal case and a writ execution
was issued against him with respect the civil liability, but it turned
out that Mariano is insolvent, can the writ of execution be enforced
against the operator of San Agustin Bus? Why, Explain (5%)

h) Can Mariano be excused from civil liability in the cases filed

against him? How? (Explain 5%)
i)

While the criminal case for reckless imprudence is pending before

the court, parents of James want to file a separate civil action
against Mariano, What should the parents James do to file it and
when can he pursue such civil action separately? (5%)

j) While the case of reckless imprudence is being heard in court,

parents of James filed a case for quasi delict under Art 2170 of the
Civil Code in another court to recover civil liability? Are they
allowed to do that even without reservation? Explain why? (5%)
k) What happens if in the criminal case against Mariano the trial
court awards civil indemnity to the parents of James and also
awards civil indemnity in the quasi delict to the parents of James,
can they collect them all? Why (5%)
L) What form of damages may the parents of James recover from
Mariano? (5%)
II.

Peter while going home from the office in the middle of the night fell
into an uncovered manhole in the sidewalk along the private subdivision
Manuellaville supervised by the municipality of Dasmarinas, Cavite. As a
result of the fall, he sustained serious physical injury and medical expenses.
Peter sued the municipal government of Dasmarinas for such defective road
but the latter put up a defense that under the Constitution, the state cannot
be sued without its consent and besides the said street is not owned by the
municipality.

a) What is the cause of action of Peter against the Municipality, if there

is any? (3%)
b) Is the defense in this case of the Municipality tenable? (2%)
c) Is the Municipality of Dasmarinas liable to Peter. Argue. (5%)
III.
A) Does the acquittal of the accused in the criminal case extinguish
also his civil liability? (5%
b) The court in its decision in acquitting the accused in the criminal
case declared that the fact from which the civil liability might arise did not
exist or that he was not the author of the crime. The offended party
subsequently filed a civil suit against the accused under Art 2170 for quasi
delict. The accused countered that since he was acquitted, he can no longer
be sued again for the recovery of civil indemnity. Is the defense of the
accused tenable? (5%)
IV.
In what cases a party to the suit may recover attorney s fees? 10%.
V.
Can a party awarded already with actual or compensatory damages
still demand nominal or exemplary damages? (10%)

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