2013 (Civil Law) Bar Exam Questions: Essay Question 2

[Discuss/answer the question below. Or see Civil Law Instructions; Civil Law Instructions; Civil Law Essay Questions: 13, 4, 5, 6, 7, 8, 9 and 10; Civil Law Multiple Choice Questions: 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10; See also 2013 Bar Exam: Information, Discussions, Tips, Questions and Results]

II.

A collision occurred at an intersection involving a bicycle and a taxicab. Both the bicycle rider (a businessman then doing his morning exercise) and the taxi driver claimed that the other was at fault. Based onthe police report, the bicycle crossed the intersection first but the taxicab, crossing at a fast clip from the bicycle’s left, could not brake in time and hit the bicycle’s rear wheel, toppling it and throwing the bicycle rider into the sidewalk 5 meters away.

The bicycle rider suffered a fractured right knee, sustained when he fell on his right side on the concrete side walk. He was hospitalized and was subsequently operated on, rendering him immobile for 3 weeks and requiring physical rehabilitation for another 3 months. In his complaint fordamages, the rider prayed for the award of P1,000,000 actual damages, P200,000 moral damages, P200,000 exemplary damages, P100,000 nominal damages and P50,000 attorney’s fees.

Assuming the police report to be correct and as the lawyer for the bicycle rider, what evidence (documentary and testimonial) and legal arguments will you present in court to justify the damages that your client claims? (8%)

6 comments

  1. sagot ko, police report to be testified to by the police officer who was dispatched to the accident site to investigate, medical certificate signed by government doctor, hospital bills. My legal argument was based on “ipsa liquotor”. Sana na appreciate ng examiner..

    1. When i was answering this problem i read it 3 times siguro and all i can deduce from it was that the examiner was asking the qualifications for entitlement to each kind of damages mentioned in the problem so i just discussed each qualification applicable to the given situation base on civil code. For example in actual damages are those actually and directly sustained which could be proven by hospital bills, receipts etc., sa moral, exemplary and attys fees i just picked out those under the enumeration in civil code which would apply, when it comes to nominal damages i also discussed its qualifications but negated its entitlement in case may proof naman for actual damages since they cannot co exist naman.

      1. I was just thinking na hindi ko na kailangan i justify who is at fault at anong principle or doctrine ko ibabase yung fault na yon kasi nga evidence and legal arguments on the damages claimed ang hinihingi ng examiner, as an illustration the police report will not directly justify my claim for actual damages since what it proves is the incident itself and who is at fault, a medical certificate will not prove directly my claim for damages but instead would show only that i was injured during such incident. May be medyo narrow lang din ang appreciation ko ng problem, but thats how i interpreted it during the course of the examination.

  2. Laging argumentative ang comment ni anon when someone gave an answer different from his. parang kinokontra mo yung sagot nung nasa taas. we are still at the mercy of the bar examiner. Nobody knows the right answer until the bar examiner says so. No offense meant. Napansin ko lang kasi.

    1. Dont worry none taken since I always presume na constructive criticism lang naman yang sayo dahil hindi naman below the belt and to contradict your statement hindi ko po kinokontra yung sagot sa taas ng mga comments ko because if you will just carefully read my comments aside from stating what i have answered in a particular problem I sometimes include my state of mind while i was answering the bar exams at that precise moment kasi whether sinasadya o hindi yung mga nakalagay na answer ng iba e sumagi din yan sa isip ko at that time dahil pare pareho lang naman training at laws na nabasa natin. I also agree na we are all at the mercy of the examiner kahit tgnan mo pa sa pinaka naunang mga post ko dito sa forum na ito dahil clear naman ang acknowledgment ko dyan sa view na yan. Since napansin mo naman na argumentative ang mga comments ko i will argue na rin bakit, its how we as students of the law are trained diba? We argue our case because thats the essence of this profession we are trying to pursue and there is no need to elaborate on that. Hindi ko rin po kinokontra yung mga sagot ng iba by being argumentative dahil hindi ko naman sinasabi na akin ang tama at yung sa iba mali ,same in actual practice the judge will be the one to say whos view have merits so ganun din sa bar, ang examiner din ang magsasabi nyan. Katulad din ng nai post ko na dati just post your better answer which will be accorded due recognition naman. Again sinabi ko na rin dati full of misinterpretation talaga kapag binabasa lang like in tx messages hindi rin kasi natin nakikita ang state of mind or emotions nung nag comment. Anyway like i said no offense and congrats dati sayo when the results are announced this march. Godbless.

  3. Kinds of damages ni sagot ko: key word ko MENTAL: moral, exemplary, nominal, temperate. actual, liquidated. Defining each, tapos ni state ko lang applicability at kung anong proof ang kailangan.

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