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Question 19

2023 Bar · Civil Law · 1 sub-question

19. Luna owns a passenger bus driven by her employee, Tomas. One day, the passenger bus collided with a car driven by Graciano. Graciano then filed a complaint for damages based on quasi-delict against Luna. He likewise instituted a criminal action against Tomas, but failed to reserve his right to institute a separate civil action for damages in the said criminal case. Luna filed a motion with the trial court for the deferment of trial, arguing that Tomas must be impleaded in the civil case because he committed the negligent act that caused damage to Graciano. Is Luna correct? Explain.

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