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JUDY ANN SANCHEZ

911 Bluewhale Street

Palanan, Makati City

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 tous, 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 fullyrestored 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 toyou 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

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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 causingphysical 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 yourfavor.

Very truly yours,

Lawyer