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Torts Final

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144 views3 pages

Torts Final

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jrb.bondoc
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We take content rights seriously. If you suspect this is your content, claim it here.
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FINALS

TORTS AND DAMAGES


By: Dr. Glenn R. Luansing DCL

1. Lola Cora was admitted at St. Michael Hospital due to recurring


symptoms of “Diabetes.” Dr. Manuel, her attending physician and
a private practitioner, wrote a drug prescription “Dormicum” (a
sedative) manufactured by Exon Laboratory, instead of
“Diamicron” (drug for diabetes). Lola Cora asked her niece Lorna
to purchase the drug, which Venus Drugstore dispensed
“Dormicum,” and it was Nurse Fe who administered the drug to
the patient. After few hours, Lola Cora attempted to go to the
toilet, but suffered fall, due to the sedating effects of the wrong
drug administered. Lola Cora suffered cervical and neck fractures
that require immediate surgery and rehabilitation. Hence, the
following questions:

a. Will the doctor be held civilly liable under the Medical Malpractice Law
of the Philippines? State your reason.
B. Can the victim file civil liability against the hospital? State your basis.
C. Can there be two separate and independent civil actions against Dr.
Manuel, under Article 365 of the RPC and another for civil damages arising
from the Medical Malpractice Law pf the Philippines?

2. Belle, a social media influencer, posted a Youtube video showing her


comments against Lani Escudero (a presidential candidate), “Si Lani ay
isang huwad na kandidato! Mahilig Maghubad, kahit kaninong
lalake ay Tutuwad!” Belle also issued an article in a broadsheet
regarding different men whom Lani had rumored affairs. It went viral and
caused a negative impression on poll ratings of Lani. Lani, after losing the
presidential race, filed a separate criminal case of Libel and Cyber-libel
before the trial court. Hence the following questions:

a. Can she file two separate independent civil actions based on quasi-
delict?
b. Can she file two separate reservations to file civil claims based on
delict or crimes committed?
3. On January 2, 2020, Ernie entered into a personal loan agreement
with Joel worth Php 2M, with a promise to pay said amount after a
year. The loan agreement did not stipulate any interest in default.
After 12 months, Ernie’s business was severely affected by a
series of lock downs due to COVID 19 Virus and eventually
declared bankruptcy. On January 15, 2021, Joel demanded
payment from Ernie, but the amount remain unpaid. Joel filed an
action against Ernie. Can Joel be entitled for a Writ of Preliminary
Attachment to secure future satisfaction of moral, exemplary and other
unliquidated damages on account of the fact that Ernie is losing more
financial resources?

4. A sports car owned by Cain and driven by David, while negotiating


a downhill slope of a city road, suddenly gained speed, beyond
the authorized limit in the area, and bumped a PUJ in front of it,
causing severe damage to the vehicle and serious injuries to its
passengers. Cain was not in the car at the time of the incident.
The PUJ owner
and the injured passengers sued Cain and David for damages. In
their defense, David claims that the downhill slope caused the car
to gain speed and that, as he stepped on the brakes to check the
acceleration, the brakes failed to function, causing the car to go
even faster and eventually to hit the PUJ in front of it. Can Cain and
David contend that the sudden malfunction of the car’s brake system is a
fortuitous event? Should Cain be held civilly liable despite lack of physical
presence inside the car when the accident happened? What is the basis of
his liability, if any?

5. Spouses Vector and Spouses Reyes are adjoining landowners. In


view of the geographical configuration of the adjoining
properties, the property owned by Spouses Vector is slightly
lower in elevation than that owned by Spouses Reyes. Spouses
Vector decided to raise the height of the partition wall and caused
the construction of their house thereon. The house itself was
attached to the partition wall such that a portion thereof became
part of the wall of the master’s bedroom and bathroom. Spouses
Vector levelled the uneven portion of their property by filling it
with gravel, earth, and soil. As a result, the level of the Vector’s
Property became even higher than that of the Reyes’ Property by
a third of a meter. Eventually, Spouses Reyes began to complain
that water coming from the Vector’s Property was leaking into
their bedroom through the partition wall, causing cracks, as well
as damage, to the paint and the wooden parquet floor. Spouses
Reyes’ repeatedly demanded for said damages, but the same
went unheeded. Hence, Spouses Reyes’ filed the instant
complaint for damages.

What would be the defense/s available for Spouses Vector? Can they
invoke the principle of Last Clear Chance, on account that Spouses Reyes
has the last clear opportunity to have vacated the area.

6. Oracle Gym was previously maintaining sports facilities in Manila,


that includes an open swimming pool. During pandemic, all gyms
were unable to operate and remained closed. Billy (13 years old)
and his friends surreptitiously entered the premises of the gym to
take a dip on the pool as relief to summer heat. Billy jokingly ran
over his buddy Neil (15 years old) at the side of the pool and by
accident, Neil slid at a slippery side of the pool, that caused his
head to hit a solid steel handlebar. Neil instantly died. The heirs
of Neil filed an action for recovery of damages. Will Oracle Gym be
civilly liable for the death of Neil under “Attractive Nuisance” rule?
Discuss. Will the parents of Billy be civilly liable for the death of Neil?
Discuss

7. After a legitimate buy bust operation, Boy "Visdak" was


apprehended for sale and possession of shabu, an illegal act
punishable under R.A. 9165. After trial, the court issued a verdict
of conviction. Since the offense committed by “Visdak” is against
the law, the court also demanded him to pay moral, exemplary
and nominal damages in favor of the State. Discuss the Decision
of the court.

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