Professional Documents
Culture Documents
cannot be used for seventy-nine (79) days, causing loss of income amounting to
PhP8,665.81 to Philippine Rabbit.
Philippine Rabbit and Pangalangan as plaintiffs, filed a case for damages
against the defendants Philippine-American Forwarders, its manager
Archimedes Balingit and the driver Fernando Pineda for damages and lost
income sustained by Philippine Rabbit and the injuries sustained by
Pangalangan.
Balingit stated in defense that he is not Pinedas employer and he asked for the
dismissal of the plaintiffs case as they had no cause of action against him.
The CFI Tarlac held only PAFI and Pineda liable for damages and injuries
sustained and dismissed Balingits liability. As a result, Philippine Rabbit and
Pangalangan appealed the trial courts decision to the Supreme Court.
Issues
In their appeal, Felix Pangalangan and Philippine Rabbit raised the issues:
1. Whether the trial court was right in dismissing the liability of PAFI
manager Archimedes Balingit to the damage sustained by them?
2. Whether the issue that Phil-American Forwarders, Inc. and Balingit and
his wife should be treated as one and the same civil personality can be
raised and adjudged on appeal?
Legal Provisions
The New Civil Code states:
Article 2176. 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 this Chapter.
(1902a)
Article 2180. The obligation imposed by article 2176 is demandable not only for
one's own acts or omissions, but also for those of persons for whom one is
responsible.
The father and, in case of his death or incapacity, the mother, are responsible
for the damages caused by the minor children who live in their company.
Guardians are liable for damages caused by the minors or incapacitated
persons who are under their authority and live in their company.
/archie.manansala
CEU Law, Torts and Damages, AY 2015-2016
/archie.manansala
CEU Law, Torts and Damages, AY 2015-2016