Question XX, Civil Law, 2018 Bar Exam

Simeon was returning to Manila after spending a weekend with his parents in Sariaya, Quezon. He boarded a bus operated by the Sabbit Bus Line (SBL) on August 30, 2013. In the middle of the journey, the bus collided with a truck coming from the opposite direction, which was overtaking the vehicle in front of the truck. Though the driver of the SBL bus tried to avoid the truck, a mishap occurred as the truck hit the left side of the bus. As a result of the accident, Simeon suffered a fractured leg and was unable to report for work for one week. He sued SBL for actual and moral damages. SBL raised the defense that it was the driver of the truck who was at fault, and that it exercised the diligence of a good father of a family in the selection and supervision of its driver.

(a) Is SBL liable for actual damages? Moral damages? (2.5%)

(b) Will SBL be liable to pay interest if it is required to pay damages, and delays in the payment of the judgment award? What is the rate of interest, and from when should the interest start running? (2.5%)

Suggested Answer:

(a) Yes. Answer

Under the Civil Code and jurisprudence, in an action for breach of contract of carriage, actual damages are recoverable for such pecuniary loss suffered by him as he has duly proved. In addition, moral damages are recoverable if (a) death of a passenger results; or (b) the carrier was guilty of fraud and bad faith even if death does not result. On the other hand, if the action is for quasi-delict, ...