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    Legal Opinion - Hvddacillo

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    Dacillo Hannah Vhie Dianne
    Legal Opinion

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    © All Rights Reserved
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    Legal Opinion - Hvddacillo

    Uploaded by

    Dacillo Hannah Vhie Dianne
    3 views2 pages
    Legal Opinion

    Original Title

    LEGAL OPINION - HVDDACILLO

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    © © All Rights Reserved

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    Legal Opinion

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    3 views2 pages

    Legal Opinion - Hvddacillo

    Uploaded by

    Dacillo Hannah Vhie Dianne
    Legal Opinion

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    JUDY ANN SANCHEZ

    456 Cruz Street Uno,


    Laoag City, Ilocos Norte

    Dear Ms. Sanchez :

    This refers to your request for our advice with regard to the possibility of bringing a lawsuit
    against McBee Foods Corporation as a result of the injuries you have sustained after you fell from
    the staircase of McBee-Metropark Branch.

    According to the facts which you and your daughter have relayed to us, on your way up to
    the second floor of McBee-Metropark Branch, you were hit by the McBee Mascot who was
    hurrying down with another crew member. As a result of which, you lost your balance and fall
    from the staircase which caused you extreme back pains. Immediately, the store manager and crew
    members brought you to the nearest hospital for treatment. That when you asked the management
    of McBee-Metropark Branch for payment of damages, the latter responded through a formal letter
    of apology and agreed to shoulder the hospital bills as well as all the expenses related to your
    physical therapy until such time that you are fully restored to your previous health. Since the
    accident, you are undergoing a weekly physical therapy which caused you not only great
    inconvenience but also physical pains.

    Based on the foregoing, the issue here is very clear, to wit: whether or not McBee Foods
    Corporation is liable for damages on account of the negligence of their employees.

    We answer in the affirmative. First and foremost, what happened to you is classified as a
    quasi-delict, as defined by Article 2176 of 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 this
    Chapter.

    Furthermore, Article 2180 of the same Code provides that:

    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 owners and managers of an
    establishment or enterprise are likewise responsible for damages caused by their employees in the
    service of the branches in which the latter are employed or on the occasion of their functions..."

    Indeed, it is well-settled that moral damages are awarded to compensate and alleviate in
    some way the physical suffering, mental anguish, fright, serious anxiety, besmirched reputation,
    wounded feelings, moral shock, social humiliation and similar injury unjustly caused a person
    (Mangaliag v. Catubig-Pastoral, 474 SCRA 153). To sustain such claim, it is required that the
    damages [enumerated] must be shown to be the proximate result of a wrongful act or omission.
    (B.F. Metal Corp. v. Lomotan, 551 SCRA 618) Ultimately, Article 2219 of the Civil Code
    provides that moral damages may be recovered in cases of quasi-delicts causing physical injuries.
    Undeniably, there was negligence on the part of the crew members of McBee-Metropark
    Branch and such negligence was the proximate cause of your fall and the resulting physical pains
    you have suffered. So also, such negligence is a clear case of quasi-delict as defined in the above
    cited provisions of law for which the McBee Foods Corporation is clearly liable as an employer.

    Lastly, you may also claim for such other damages that the court, in its discretion, may
    deemed proper since Article 2202 of the Civil Code provides that, "in crimes and quasi-delicts, the
    defendant shall be liable for all damages which are the natural and probable consequences of the
    act or omission complained of."

    One thing: the foregoing opinion is based on the laws and the jurisprudence applicable to
    your situation. If by any circumstance you take your plight to court, we are confident that the case
    will be decided in your favor.

    Very truly yours,


    HANNAH VHIE DIANNE C. DACILLO

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