Question A.1, Civil Law, 2019 Bar Exam

In January 2018, Mrs. A, a married woman on her sixth (6th) month of pregnancy, was crossing a street when she was suddenly hit by a car being recklessly driven by Mr. X. As a result, Mrs. A sustained serious injuries and further, suffered an unintentional abortion. Mrs. A was hospitalized for two (2) months, during which she incurred ₱400,000.00 in medical fees. Her expenses were all duly substantiated by official receipts. During the two (2)-month period of her confinement, she was unable to report for work and earn any salary, which was established at the rate of ₱50,000.00 per month. Mrs. A then filed a civil case for damages against Mr. X.

(a) Based on the case filed by Mrs. A, what is the source of Mr. X’s obligation to her as a result of his acts? Explain. (2%)

(b) May Mrs. A claim actual damages from Mr. X? If so, how much can Mrs. A claim? Explain. (2%)

(c) May Mrs. A claim damages on behalf of her unborn baby? Explain. (3%)

(d) What must Mrs. A prove if she wants to recover moral damages from Mr. X? (2%)

Suggested Answer:

(a) The source of Mr. X’s obligation is quasi-delict. Under the law, quasi-delict is one of the sources of obligations.

Under the Civil Code, whoever by act or omission causes damage to another, there being fault or negligence, is obliged to pay for the damage done. Such fault or negligence, if there is no pre-existing contractual relation between the parties, is called a quasi-delict and is governed by the provisions of the C...