Explain your answers fully, concisely, precisely and in a language which can be understood by the Bar and

the Bench. Ensure that your penmanship is readable. Your ambition is to become a lawyer not a doctor.

1. Two taxicabs, owned and operated by Pandamay & Co. and the other by Pabaya & Co., have figured in a
collision. As a result of the collision, Mr. Maingat, a passenger of the taxicab operated by Pandamay & Co., died. The hood
of the taxicab operated by Pabaya & Co. was violently smashed, causing the same to be detached and flung to direction
of a bystander, Mr. Ligtas. The poor fellow died instantly. Both drivers, Joross Bamboa and Angel Bocsin, were found to be
negligent. All the parties resorted to legal action.
a. If you are hired as the counsel of Pandamay & Co., what the possible actions against Pabaya & Co. and why?
- CULPA AQUILIANA (2176 in rel. to 2180)
- Criminal action. Art. 365 of RPC Reckless imprudence resulting to damage to property
b. If you are hired as counsel of Mr. Maingat, what the possible actions against Pabaya & Co. and against
Pandamay & Co. and why?
Against Pabaya and Co.
- Culpa Aquiliana
- Culpa criminal against the driver of Pabaya
Against Pandamay
- Culpa contractual, or
- Culpa criminal against its driver
c. If you are hired as counsel of Mr. Ligtas, what are the possible actions against Pabaya & Co. and/or Pandamay &
Co.?
Against Pabaya
- Culpa aquiliana
Against Pandamay
- Culpa aquiliana
- Culpa criminal against its driver under doctrine of proximate cause under Art 4 par 1 of the RPC
“el que causa de la causa es causa del malcausado”- he who is the cause of the cause is the
cause of the evil caused
d. If you are the counsel of Pabaya & Co, what are your possible defences against Pandamay & Co. in a case of
reckless imprudence and why?
- Liability is subsidiary
- Driver has sufficient property to answer for civil liability
- Possibly employer –employee relationship
e. If you are the counsel of Pandamay & Co. in a civil case against Pabaya & Co., what will be your possible
defences and why?
- Concurrent or contributory negligence of the driver of Pamdamay
- Care in selection and supervision of its employees
- Proper maintenance of its vehicle
f. In a civil case filed by Mr. Ligtas against Pabaya & Co., can the taxicab company raise the defense of exhaustion
of assets of its driver, Joross Bamboa, or subsidiary liability. If you are the judge, rule on the contention of
Pabaya & Co.?
No. Liability to Mr. Ligtas is primary and solidary in Art. 2176 in relation to 2180 (Doctrine of Vicarious
liability). Exhaustion of the assets of the driver or insolvency is only applicable in culpa criminal.
g. Assume that you are the judge and the victim filed:
g.1 a civil case for breach of contract. What are the damages recoverable? Explain fully.
All. Art. 1170 in relation to Art. 2201 par. 2 in relation to Art. 1733
g.1.a What is the proof required in evidence in such instance?
Preponderance of proof that:
- that there is a contract of carriage e.g. ticket, written contract, bill of lading etc.
- that the victim alighted the vehicle when the accident happened, and
- that the driver was negligent(presumed).
g.2 a criminal case. What are the damages recoverable? Explain fully.
Restitution, reparation and indemnification (Art. 104 in relation to Arts. 105-107 of the RPC)
g.2.a What is the proof required in evidence in such instance?
Proof beyond reasonable doubt (Sec. 2 of Rule 133 of the Rules of Court) that :
1. the driver acted with reckless imprudence or criminal negligence, and
 2. that the victim suffered injury by reason thereof.
g.3 a civil case for damages. What are the damages recoverable? Explain fully.
MANTLE. Article 1170
g.3.a What is the proof required in evidence in such instance?
Preponderance of evidence that:
1. the driver acted is guilty of negligence while performing his obligation, and
2. the victim suffered material injury as a consequence therof.
h. The heirs of Mr. Ligtas filed a criminal action and independent civil action against Angel Bocsin. The latter filed a
motion to dismiss in the civil case on the ground of forum shopping. Explain the concept of independent civil
action and what provisions of the Civil Code provision are treated as such.
Independent civil actions are civil actions which can proceed independent of the criminal action and are not
affected by the doctrine of primacy of jurisdiction of criminal cases over civil cases under Sections 1 and 2 of
Rule 111 of the Rules of Court. Independent civil actions are those actions found or enumerated in Arts. 32,
33, 34 and 2176 of the Civil Code of the Philippines (Sec. 3 of Rule 111 of the Rules of Court)
i. Cite the rule under Art. 2177 which governs all the choices of action in the under problem No. 1.
That a party may avail any or all remedies but subject to the rule that should no double recovery. (last
sentence, Sec. 3 of Rule 111 of the Rules of Court or last sentence of Art. 2177)
2. Daniel Bombilla and Kathryn Berdugo are both Grade 10 students of Sultan Kudarat Integrated Science High
School. One day, Kathryn got irked with Daniel and one minor who is an outsider, Xander Board, who was making fun of
her bow legs. Fed up of the two rascals, she attacked them both with her sharpened pencil causing bodily harm to the
two.
a. If you are the counsel of Xander Board and the incident happened in the school, what action should you file and
why?
Civil action based on quasi-delict under Art. 2176. In the case at bar, Xander is an outsider and Kathryn is a
student of the school. The only possible liability of Kathryn is quasi-delict which will evolve under Art. 2176
in relation to Art. 2180 second par. otherwise known as the doctrine of vicarious liability. The liability of
Kathryn will be borne by her parents under the said doctrine (El Cano vs. Hill).
b. If you are the counsel of Daniel, what would you file the incident happened in an excursion outside of the
school and why?
Civil case based on law under Art. 218 of the Family Code citing St. Mary’s Academy vs. Carpitano. The school
exercises special parental authority over its students, in and outside school premises. This liability of the
school under Art. 219 of the FC is primary and solidary.
c. Suppose it was Richard “Sandrino” Buchiriz, a 30-year old ambulatory vendor, instead of Kathryn Berdugo, who
committed the serious physical injury inside the classroom against Daniel and Xander Board. If you the judge in
both cases, how would you rule, what would be the liability of the school and why in the case of:
c.1 Daniel, and
The same as above. It does not matter if the act was done by another student or an outsider so long as it
happens in the school premises. The liability of the school under Art. 219 of the FC is primary and solidary. In
the alternative, Daniel may also file criminal case for serious physical injuries against Richard but that is
absurd.
c.2 Xander Board
The school has no liability under Art. 218 or 219 0f the FC since Xander and Sandrino are both outsiders.
Richard is liable either under Art. 2176 of the CC or under the RPC for Serious Physical Injuries
d. If Richard was a utility worker of the school instead of an ambulant vendor, he physically injured Xander Board
in the classroom and was subsequently criminally charged. In what instance can the school incur liability and, if
so, what is it nature of liability?
The school will incur criminal liability under Art. 103 of the RPC if: 1) Richard is convicted; 2) he is sentenced
to pay civil liability under Art. 100 of the RPC; 3) he is found insolvent; and that 4) he committed the crime
while he was performing his duty as a utility of the school. The nature of the liability of the school is
subsidiary.
3. Lotto and Bingo played a game of cards in a gambling den. Lotto lost to Bingo about P 1 million pesos. Unfortunately,
Lotto has no money to pay his losses. Can Bingo file an action to attach the properties of Lotto based on the fact that
former won against latter fair and square in a gambling game? NO. Leung Ben vs. O’Brien, 38 Phil 182
Critique
1. Answers must follow the recommended format. It is a must.
2. Answers must have a legal anchor or basis.
3. Answer what is asked. Most of your answers are irresponsive to the question.
4. Know the call of the question.
5. Learn to use simple sentences. Avoid kilometric compound-complex sentences.
6. When I say “ what are the possible” , what I really mean is ALL…..
7. One question per page/or two… Do not answer in continuous manner.
8. Actions are either law, quasi delict, culpa contractual and culpa criminal
9. You are interchanging the concept of quasi-delict, culpa contractual and culpa criminal like a halo-halo.
Each liability is mutually exclusive of each other except the one based on law which encompasses
everything.
10. One cannot file a criminal case against a corporation. Only natural person can stand as an accused never
an artificial person like a corporation.
11. One files a civil action…There is no animal called “action for civil damages”. One claims damages.
12. Recovery for quasi delict is based on 2176 or 2180. Culpa contractual, on the other hand, is based on
1732-33 in relation to 1170.
13. There is no such crime which goes by the name of reckless imprudence resulting to murder .
14. Most of you don’t have the idea of what you are talking about.
15. The grammar of some gives me a toothache.
16. The penmanship of some of classmates would embarrass a Chinese. Font size should likewise be
emphasized. Most of your Bar Examiner, if not all, suffer from myopia. Don’t give them s hard time.