Actions; Cause of Action (2013)

No.VI. While leisurely walking along the street near her house in Marikina, Patty unknowingly stepped on
a garden tool left behind by CCC, a construction companybased in Makati. She lost her balance as a
consequence and fell into an open manhole. Fortunately, Patty suffered no major injuries except for
contusions, bruises and scratches that did not require any hospitalization. However, she lost self-
esteem, suffered embarrassment and ridicule, and had bouts of anxiety and bad dreams about the
accident. She wants vindication for her uncalled for experience and hires you to act as counsel for her
and to do whatever is necessary to recover at least Php100,000 for what she suffered. What action or
actions may Patty pursue, against whom, where (court and venue),
and under what legal basis? (7%)

SUGGESTED ANSWER:
Patty may avail any of the following
remedies:
a) She may file a complaint for damages
arising from fault or negligence under
the Rules on Small Claims against CCC
Company before the MTC of Marikina
City where she resides or Makati City
where the defendant corporation is
holding office, at her option (A.M. No. 8-
8-7-SC in relation to Section 2, Rule 4,
Rules of Court).

b) She may also file an action to recover

moral damages based on quasi-delict
under Article 2176 of the New Civil
Code. The law states that, whoever by
act or omission causes damage to
another, there being fault or negligence
is obliged to pay for the damage done.
Such fault or negligence, if there is no
pre-existing contractual relation between
the parties, is called a quasi-delict.

Actions; Specific Performance (2012)

No.IV.A. A bought a Volvo Sedan from ABC
Cars for P 5.0M. ABC Cars, before
delivering to A, had the car rust proofed
and tinted by XYZ Detailing. When
delivered to A, the car's upholstery was
found to be damaged. ABC Cars and XYZ
Detailing both deny any liability. Who can A
sue and on what cause(s) of action?
Explain. (5%)
SUGGESTED ANSWER:
A can file an action for specific
performance and damages against ABC
Cars since the damage to the Volvo
Sedan‟s upholstery was caused before
the delivery of the same to A, and
therefore prior to the transfer of
ownership to the latter. (Article 1477,
New Civil Code). Under Article 1170 of
the New Civil Code, those who
contravene the tenor of the obligation
are liable for damages. Hence, an action
for specific performance against ABC
Corporation to deliver the agreed Volvo
Sedan in the contract, free from any
damage or defects, with corresponding
damages will lie against ABC Cars

Venue; Real Actions (2012)

No.III.B. A, a resident of Quezon City, wants
to file an action against B, a resident of Pasay, to compel the latter to execute a
Deed of Sale covering a lot situated in
Marikina and that transfer of title be issued
to him claiming ownership of the land.
Where should A file the case? Explain. (5%)
SUGGESTED ANSWER:
A should file the case in Marikina, the
place where the real property subject
matter of the case is situated. An action
for specific performance would still be
considered a real action where it seeks
the conveyance or transfer of real
property, or ultimately, the execution of
deeds of conveyance of real property.
(Gochan vs. Gochan, 423 Phil. 491, 501
[2001]; Copios.