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Bukidnon State University College of Law: Law 315: Torts and Damages

The document contains a module from a Torts and Damages law course with 4 questions and their answers about legal principles from Philippine court cases. The questions cover the principles of damnum absque injuria, computation of loss of earning capacity damages, reimbursable death-related expenses, and reasons for awarding moral damages.

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Cristelle Estrada-Romuar Jurolan
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21 views2 pages

Bukidnon State University College of Law: Law 315: Torts and Damages

The document contains a module from a Torts and Damages law course with 4 questions and their answers about legal principles from Philippine court cases. The questions cover the principles of damnum absque injuria, computation of loss of earning capacity damages, reimbursable death-related expenses, and reasons for awarding moral damages.

Uploaded by

Cristelle Estrada-Romuar Jurolan
Copyright
© © All Rights Reserved
Available Formats
Download as PDF, TXT or read online on Scribd
Download as pdf or txt
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Bukidnon State University

COLLEGE OF LAW
LAW 315: TORTS AND DAMAGES

2nd Semester, AY 2020-2021


Atty. Ophelia Pilar E. Rubio-Zamora

MODULE 2
INDIVIDUAL ACTIVITY

PART TWO:

Answer the following questions:

1. In the case of Custodia vs. Court of Appeals, 253 SCRA 483(1996), how did
the court illustrate the principle of damnum absque injuria?

Answer: A person has a right to the natural use and enjoyment of his own
property, according to his pleasure, for all the purposes to which such
property is usually applied. As a general rule, therefore, there is no cause of
action for acts done by one person upon his own property in a lawful and
proper manner, although such acts incidentally cause damage or an
unavoidable loss to another, as such damage or loss is damnum absque
injuria. When the owner of property makes use thereof in the general and
ordinary manner in which the property is used, such as fencing or enclosing
the same as in this case, nobody can complain of having been injured,
because the inconvenience arising from said use can be considered as a
mere consequence of community life.

2. How did the Supreme Court explain the computation of the award of damages
for loss of earning capacity in the case of Villa Rey Transit vs. Court of
Appeals, 31 SCRA 511 (1963)?

Answer: According to the Supreme Court, the damages consist, not of the
full amount of his earnings, but of the support, the heirs have received or
would have received from him had he not died in consequence of the
negligence of petitioner's agent. In fixing the amount of that support, it should
be reckoned with the "necessary expenses of his own living", which should
be deducted from his earnings. Thus, it has been consistently held that
earning capacity, as an element of damages to one's estate for his death by
wrongful act is necessarily his net earning capacity or his capacity to acquire
money, "less the necessary expense for his own living. Stated otherwise, the
amount recoverable is not loss of the entire earning, but rather the loss of
that portion of the earnings which the beneficiary would have received. In
other words, only net earnings, not gross earning, are to be considered that
is, the total of the earnings less expenses necessary in the creation of such
earnings or income and less living and other incidental expenses.

3. What are the expenses that may be reimbursed in case of death and what
expenses may not be covered according to the case of Victory Liner, Inc. vs.
Heirs of Andres Malecdan, G.R. No. 154278, December 27, 2002?

Answer: Expenses that may be reimbursed are those which has proof of the
actual amount of loss incurred in connection with the death, wake or burial
of the victim. Expenses which are not covered are those expenses incurred
sometime after the burial of the victim, such as expenses relating to the 9th
day, 40th day and 1st year death anniversaries.

4. What were the reasons and attending circumstances why moral damages
were awarded in the case of Mercury Drug Corporation vs. Spouses Huang,
G.R. No. 172122, June 22, 2007?

Answer: In the instant case, respondent Stephen Huang and respondent


spouses Richard and Carmen Huang testified to the intense suffering they
continue to experience as a result of the accident. Stephen recounted the
nightmares and traumas he suffers almost every night when he relives the
accident. He also gets depression when he thinks of his bleak future. He
feels frustration and embarrassment in needing to be helped with almost
everything and in his inability to do simple things he used to do. Similarly,
respondent spouses and the rest of the family undergo their own private
suffering. Moral damages are awarded in cases of emotional well-being
being tormented after an accident like in the given case.

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