2013 (Remedial Law) Bar Exam Questions: Essay Question 3

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III.

While in his Nissan Patrol and hurrying home to Quezon City from his work in Makati, Gary figured in a vehicular mishap along that portion of EDSA within the City of Mandaluyong. He was bumped from behind by a Ford Expedition SUV driven by Horace who was observed using his cellular phone at the time of the collision. Both vehicles – more than 5 years old – no longer carried insurance other than the compulsory third party liability insurance. Gary suffered physical injuries while his Nissan Patrol sustained damage in excess of Php500,000.

III(A) As counsel for Gary, describe the process you need to undertake starting from the point of the incident if Gary would proceed criminally against Horace, and identify the court with jurisdiction over the case. (3%)

III(B) If Gary chooses to file an independent civil action for damages, explain briefly this type of action: its legal basis; the different approaches in pursuing this type of action; the evidence you would need;and types of defenses you could expect. (5%)

5 comments

  1. A) RTC Mandaluyong ba to? One of those questions na suntok sa buwan ang approach ko – from scene of the crime, police report, interview with eyewitnesses and securing the registration and other official documents pertinent to the vehicles etc.

    B) Defined ICA based on Civil Code. Nature of ICA (can be filed simultaneously etc.). As a civil action, ICA needs preponderance of evidence. Usual defense is good faith/lack of intent? Hahahaha.

  2. III a) The process to be undertaken by Gary should be to secure the official police or accident report from the authorities responsible for preparing this in Mandaluyong City. The report can be used by Gary as basis for determining who was responsible for the accident. He has to establish culpa or negligence on the part of Horace who was reportedly seen using a cellphone while driving. He also needs to know the insurance company that Horace availed of and get a copy of Horace’ car registration, insurance and drivers license. These documents are needed if Horace’ vehicle is properly registered with the LTO and whether he has a valid license to drive afterall. It will be helpful also to secure the names and addresses of witnesses who had personal knowledge of the accident.

  3. Continued…Gary has to prepare documents and witnesses in order to aid him in filing a criminal case for reckless imprudence resulting to physical injuries and damage to property.

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