Civil Law, 2018 Bar — Question XX-A

ESSAY

Simeon was returning to Manila after spending a weekend with his parents in Sariaya, Quezon. He boarded a bus operated by the Sabbit Bus Line (SBL) on August 30, 2013. In the middle of the journey, the bus collided with a truck coming from the opposite direction, which was overtaking the vehicle in front of the truck. Though the driver of the SBL bus tried to avoid the truck, a mishap occurred as the truck hit the left side of the bus. As a result of the accident, Simeon suffered a fractured leg and was unable to report for work for one week. He sued SBL for actual and moral damages. SBL raised the defense that it was the driver of the truck who was at fault, and that it exercised the diligence of a good father of a family in the selection and supervision of its driver. (a) Is SBL liable for actual damages? Moral damages? (2.5%)

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