TORTS AND DAMAGES

CASE ONE: Stray carabao causes road accident in Isabela; motorcycle rider killed

A 23 year old man was thrown off his motorcycle and was run over by a truck
after he crashed into a crossing carabao on saturday night in Baranggay San Manuel.

Motorcycle rider Christian Paragas, 23, of Benito Soliven town, died from severe
head injuries, said Senior Inspector Frances Littaua, Isabela police spokesperson.

Paragas did not notice the carabao, which was also hurt in the 7pm crash. Truck
driver Melanio Tabunar, 47, surrendered to the police.

 Who is at fault in this situation? Or would this fall under fortuitous event?

 Based on the given set of facts it is logical to conclude that negligence and fault
is on the part of the owner of the carabao. It was his responsibility to make sure
that his livestock is kept and would not wander around. Also the truck driver is
subsidiarily liable for running over and causing the immediate death of Mr.
Paragas.

 This would not fall under fortuitous event since negligence was present at the
case at bar.

 What kind of cases can be filed and what claims can be made?

 For the truck driver, as well as his employer, a criminal case shall be filed under
Article 365 of the Revised Penal Code, reckless imprudence resulting to homicide,
"Reckless imprudence consists in voluntary, but without malice, doing or falling
to do an act from which material damage results by reason of inexcusable lack of
precaution on the part of the person performing of failing to perform such act,
taking into consideration his employment or occupation, degree of intelligence,
physical condition and other circumstances regarding persons, time and place."
As well as a civil case for damages.
 For the owner of the carabao, a civil case for actual damages.

Upon the death of Paragas, his heirs may claim for the Damages against the Truck
Driver under the New Civil Code.

1.) Actual Damages:

a. Article 2199 provides that one is entitled to an adequate
compensation only for such pecuniary loss suffered by him as he has
DULY PROVED unless an exception is provided by Law or by
Stipulation (which does not exist in the instant case)
b. The indemnification for these damages shall comprehend the value
of the loss suffered as well as the profits the obligee (Paragas) failed
to obtain. (Article 2200)
c. Article 2206 further provides that the amount of damages for death
caused by a crime or quasi delict shall be at least 3000 php, in
addition:
- Loss of earning capacity of the deceased, and the indemnity
shall be paid to the heirs of the deceased.
- In the event that deceased was obliged to give support…
heirs may demand support from the person causing the
death, for a period not exceeding 5 years, exact duration to
be fixed by the court.
2.) Moral Damages:
a. The heirs of Paragas may also demand for Moral Damages as states
under Article 2206 (c.), for mental anguish by reason of death of the
deceased.
b. In this instance there is no need for proof of pecuniary loss, the same
to be left to the discretion of the court. It is basically incapable of
pecuniary computation.
3.) Nominal Damages: (you think be the heirs can claim?)
4.) Exemplary Damages:
a. Articl 2229 provides that these damages are imposed by way of
example or correction for the public good in addition to the moral
and compensatory damages the heirs may ask.
b. If the court finds that the truck driver acted with gross negligence in
driving the same, then exemplary damages may be granted.