UNIVERSITY OF PANGASINAN

COLLEGE OF LAW

TORTS AND DAMAGES

FINALS

Instructions: Answer the question directly and concisely. Answer with no explanation/discussion will NOT be given any
credit. Do not repeat the question. Write legibly.
1. A, a married minor, residing in the house of his father, F, and depending upon the latter for his subsistence,
killed B, a son of H and W. He was charged with the crime of homicide, but was acquitted on the ground that his
act was not criminal because of lack of intent to kill, coupled with a mistake. Subsequently, H and W. brought
an action for damages against both A and F based on the quasi-delict committed by A. Considering that A is a
married minor may his father be held liable? Reason.
2. Under Philippine laws municipalities are political bodies corporate and as such are endowed with the faculties of
municipal corporations to be exercised by and through their respective municipal governments in conformity
with law, and in their proper corporate name, they may inter alia sue and be sued, and contract and be
contracted with.

Questions:

a. The powers of a municipality are twofold in character public, governmental or political on the one hand, and
corporate, private, or proprietary on the other. Distinguish and explain these powers.

b. Is the celebration of a town fiesta an undertaking in the exercise of a municipality's governmental or public
function or is it or a private or proprietary character? Explain.

3. The following facts are not in dispute:

On October 21, 1958, the Municipal Council of Malasiqui, Pangasinan, passed Resolution No. 159 whereby "it
resolved to manage the 1959 Malasiqui town fiesta celebration on January 21, 22, and 23, 1959." Resolution No.
182 was also passed creating the "1959 Malasiqui 'Town Fiesta Executive Committee" which in turn organized a
sub-committee on entertainment and stage, with Jose Macaraeg as Chairman. the council appropriated the
amount of P100.00 for the construction of 2 stages, one for the "zarzuela" and another for the cancionan Jose
Macaraeg supervised the construction of the stage and as constructed the stage for the "zarzuela" was "5-½
meters by 8 meters in size, had a wooden floor high at the rear and was supported by 24 bamboo posts — 4 in a
row in front, 4 in the rear and 5 on each side — with bamboo braces.

The "zarzuela" entitled "Midas Extravaganza" was donated by an association of Malasiqui employees of the
Manila Railroad Company in Caloocan, Rizal. The troupe arrived in the evening of January 22 for the
performance and one of the members of the group was Vicente Fontanilla. The program started at about 10:15
o'clock that evening with some speeches, and many persons went up the stage. The "zarzuela" then began but
before the dramatic part of the play was reached, the stage collapsed and Vicente Fontanilla who was at the
rear of the stage was pinned underneath. Fontanilia was taken to tile San Carlos General Hospital where he died
in the afternoon of the following day.

The heirs of Vicente Fontanilia filed a complaint with the Court of First Instance of Manila on September 11,
1959 to recover damages. Named party-defendants were the Municipality of Malasiqui, the Municipal Council of
Malasiqui and all the individual members of the Municipal Council in 1959.

Questions:

a. If you were the counsel for the defendant Municipality of Malasiqui, what would be your principal defense?
Discuss.
b. If you were the counsel for the defendant, Municipal Council of Malasiqui and all the individual members of the
Municipal Council, how would you argue your principal defense? Discuss.
c. If you were the Judge, decide the case.

4. When is a State liable for quasi-delicts committed by its employees? Explain.

5. A truck driver employed by the provincial government of Pangasinan ran over Juan dela Cruz in the course of his
work at the construction of a road. Is the province liable for damages ? Why or why not? Explain.

Good Luck! Good Luck! Good Luck!

Keep Safe! Keep Safe! Keep Safe!
ATTY. L. M. PAUSANOS, MDA
Professor