SAMPLEX

I. TRUE OR FALSE

1. FALSE. In vicarious liability under Article 2180, the liability of the employer is
direct, primary and solidary. Given this, it is not necessary that the aggrieved party
impleads the employee.
2. FALSE. The Civil Code provides that the award of exemplary damages may be given
if the aggrieved party is also receiving actual or compensatory damages, or
liquidated. It also provides that such award is discretionary on the part of the judge.
3. FALSE. The Civil Code provides that parties may state the diligence they require in
the conduct of their obligation. However, failure to state, the general standard of
diligence is the good father of a family.
4. FALSE. Although a minor, the 3 year old depends on his or her parents for support.
Award of damages may be given to him or her, although the administration of his
money would be given to his legal guardian.
5. FALSE. Injury refers to the violation of a legal right which may give rise to a cause of
action on the part of the plaintiff. On the other hand, damages refer to the
compensation or monetary award due to the injury caused.
6. FALSE. Elements of quasi delicts are as follows: 1) There must be a damage or injury
on the plaintiff’s part, 2) There was negligence or omission on the part of the
defendant, 3) There must be a causal connection between the fault or negligence, and
the injury suffered
7. FALSE. The Civil Code provides that the award of moral damages is not limited to
death but when, in some instances that the code mentioned such as emotional or
moral trauma, besmirched reputation. It also provides that such award is
discretionary.
8. FALSE. Such defense is untenable. In relevant jurisprudence, the Court held
consistently that the proper exercise of diligence is that which a prudent man would
have done to minimize the injury.
9. FALSE. Actual or compensatory damages requires proof of loss, except in
circumstances where there is a loss of life which deprives the family support
10. FALSE. Court may award compensatory damages on its sound discretion

II. PROBLEM

A. The Civil Code provides that actual or compensatory damages are those which
compensate actual pecuniary loss. It further provides that compensatory damages
may consist in the following: 1) Loss of income or earnings, 2) Loss of future profit,
earnings, or earning capacity, and 3) Actual Loss.
B. The Civil Code provides that the award of actual damages may be made when there
are actual loss, loss of earning capacity, and future income which are all pecuniary.
In the civil code, it provides that no actual proof is necessary for the award of actual
damages and it is left in the sound discretion of the judge. In the case at bar, it is
evident that the loss of life deprived the heirs of Col. Maganto support which they
depend on. Such loss need no evidence to substantiate the “actual damage”.
C. Yes. Article 2177 provides the filing of a civil case does not bar the aggrieved party
from filing a criminal case. The only limitation provided by the law is that no double
recovery is allowed. In this case, the heirs can file a criminal case notwithstanding
the existence or the pendency of the civil case but is precluded from getting double
compensation.
III. The Code provides that moral damages, although the injury has no pecuniary
equivalent, it may be recovered in the following circumstances: 1) Emotional or
mental injury, 2) when reputation is besmirched
IV. The Civil Code provides that nominal damages should be not more than the
amount of compensatory damages and less than exemplary damages. He is
entitled to such if there is damage but is only minimal. Liquidated damages are
those which arise from contracts. Such are usually stipulated including the
amount which the party is entitled.
V. Exemplary damages are also called correlative damages. This is given by the
court to set or vindicate the legal right that was trampled upon especially on
criminal cases. In civil cases, preponderance of evidence while in criminal cases,
proof beyond reasonable doubt is required.
VI. Loss of earning capacity happens when the injured’s livelihood or the damage
deprives him to render the usual course of work necessary. Examples are when
one becomes handicapped to accident, his capacity to earn is affected if his work
requires physical activities. Loss of income or earning is actual loss on the part of
the injured. On the specific period that the damage accrued, such person was
deprived of his or her income.