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Torts & Damages (2009 Bar)
Torts & Damages (2009 Bar)
Rodolfo, married to Sharon, had an illicit affair with his secretary, Nanette, a 19-year old
girl, and begot a baby girl, Rona. Nanette sued Rodolfo for damages: actual, for hospital
and other medical expenses in delivering the child by caesarean section; moral, claiming
that Rodolfo promised to marry her, representing that he was single when, in fact, he was
not; and exemplary, to teach a lesson to like-minded Lotharios.
The issue in the case is whether or not all the claims of Nanette would be awarded to
Rodolfo. Yes, Rodolfo can bear damages on which are claims of Nanette. A quasi-delict
is governed by Art. 2176 of the Civil Code, in which a fault or negligence, if there is no
pre-existing contractual relation between the parties, is called quasi-delict.
In this case, it depends on the presence of gross negligence on the part of Rodolfo.
Rodolfo's marriage could not have been possibly known to Nanette or there is no gross
negligence on the part of Nanette, Rodolfo could be held liable for moral damages. If
there is gross negligence in a suit for quasi-delict, exemplary could be awarded.
Therefore, Rodolfo would only bear moral damage if there is no gross negligence on the
part of Nanette, but if gross negligence is present, exemplary damages could be awarded
as well.