2013 (Remedial Law) Bar Exam Questions: Essay Question 6

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VI.

While leisurely walking along the street near her house in Marikina, Patty unknowingly stepped on a garden tool left behind by CCC, a construction company based in Makati. She lost her balance as a consequence and fell into an open manhole. Fortunately, Patty suffered no major injuries except for contusions, bruises and scratches that did not require any hospitalization. However, she lost self-esteem, suffered embarrassment and ridicule, and had bouts of anxiety and bad dreams about the accident. She wants vindication for her uncalled for experience and hires you to act as counsel for her and to do whatever is necessary to recover at least Php100,000 for what she suffered.

What action or actions may Patty pursue, against whom, where (court and venue), and under what legal basis? (7%)

27 comments

  1. Action: damages arising from quasi- delict ata naisagot ko based on art. 2176 of cc, hehe. Against whom: CCC construction. Where: MTC ang court since small money claims, venue would depend on the plaintiff marikina or makati. Ewan ko tama pa ba itong naalala ko pero parang ganun ata tlga naisagot ko.

    1. Same answer as to action culpa aquiliana kaso di ko siya ipinasok sa small
      Claims kasi pagkakaalala ko ang action for damages based on culpa aquiliana is not covered by small claims. Again di ako sure ha.

      As to the court i said he has to be more specific as to “not less than 100k” kasi ambigous siya because i said the amount he really wants to recover
      will determine which court will have jurisdiction tapos sinabi ko threshhold ng rtc and mtc.

      1. Yup not sure di lang ako sigurado ano section or article ng rules on small money claims pero i am certain and with full conviction( hehehe) that damages arising from fault or negligence are included sa coverage nung rule.

      2. But then again pwede rin naman i argue na pwede pa rin regular rules so RTC or MTC depending on jurisdictional amount kasi the problem states ” at least 100 thousand” just argue that assuming she would want to recover this and that amount which is more than 100 thousand

    2. Na alala ko small claim sinagot ko and as a lawyer advise ko pumunta sa MTC Marikina at fill-up ng pro-forma application on claim for damages not exceeding Php100 h, and that my services as counsel is not required yet at this stage. Hindi it knock down answer, pero siguro na daplisan din, at least may point,,yon ay kung nakita ng examiner,,,bahala na ci batman.

  2. Anon kaya nga i playrd it safe eh i indicated that he must be more specific. Mejo ambiguous yung “at least 100k” hehehe

    1. And i think you did well, medyo risk taker lang tlga ako sumagot minsan, as to two interpretation may tendency tlga kasi ako na dun pumupunta sa hindi conventional, mahilig kasi ako sa dissenting opinion and i hope the examiner will not dissent on my passing the bar, hehe

  3. Ang sagot ko ditey is sue ko for damages ang Marikina for not maintaining their streets and leaving the manhole open within their jurisdiction. Say ko na lang sa MTC Marikina i-file ang case because of jurisdictional amount eklaver.

    1. Yup pwede din ito, kasi nga torts question ito kaya meron tlga pwede papuntahan kahit ano na sagot as long as you can defend it. Isa ito sa mga open ended question in the bar

  4. Ito po ang natatandaan ko sa sagot ko:

    Action: damages
    Against: CCC
    Jurisdiction: RTC because moral damages is incapable of peculiarly estimation. 100K is just an incidental claim
    Venue: Marikina or Makati, at the election of Patty
    Legal basis: embarrassment, anxiety, bad dreams are similar to elements for moral damages.

    Don’t know kung tama….hehehe

    1. For me this is actually a great perspective. Mejo kakaiba yung attake sa answer na ito. Kasi specific nga naman ang description as pertaining to “moral damages”. So depende as to the examiner how he will view this pero kung ako examiner this answer will definitely stand out. Which for me is an advantage.

      1. Hehehe…kasi ang inisip ko dito pano makakarecover si Patty ng at least 100K eh un nanyari sa kanya ay di sya mahohospital. So ala akong documentary evidences for the monetary claim.

  5. Pero guys looking at the questions i think the best answer for this one is to cite all possible actions not just one (e.g. Qction against CCC company based on culpa aquiliana, Marikina gov’t based on tort, CCC&Marikina together based on tort as well) kasi the question asks for what action/s, so i guess dapat di natin limit sa isang action lang to get a full merit.
    Since open ended siya the examiner must be exoecting us to be creative as we can within the legal bounds of law.

    1. Tama ka not sure ang dami nga pala actions pwede at mas maganda kung namention mo lahat ng suggested answer sa thread na ito. Well mahirap tlga kapag may time pressure na kesa sa ordinary academic discussion lang, pag nakaupo ka na during the exam para na kasing silya elektrika naghahabol ka na sana hindi ka abutan ng dead end.

  6. may mga points na kayo. you forgot that she cannot easily get the 100k and it depends sa court.because it is incapable of pecuniary estimation and RTC has jurisdiction.hehe

  7. These claims or demands may be:

    (a) For money owed under any of the following:

    1. Contract of Lease;
    2. Contract of Loan;
    3. Contract of Services;
    4. Contract of Sale; or
    5. Contract of Mortgage;

    (b) For damages arising from any of the following:

    1. Fault or negligence;
    2. Quasi-contract; or
    3. Contract;

    (c) The enforcement of a barangay amicable settlement or an arbitration award involving a money claim covered by this Rule pursuant to Sec. 417 of Republic Act 7160, otherwise known as the Local Government Code of 1991.

  8. SEC. 4. Applicability. — The Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts, and Municipal Circuit Trial Courts shall apply this Rule in all actions which are: (a) purely civil in nature where the claim or relief prayed for by the plaintiff is solely for payment or reimbursement of sum of money, and (b) the civil aspect of criminal actions, either filed before the institution of the criminal action, or reserved upon the filing of the criminal action in court, pursuant to Rule 111 of the Revised Rules Of Criminal Procedure.

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