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 to
us, 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 fully
restored 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 to
you 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
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 causing
physical 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 your
favor.


Very truly yours,

Lawyer