27 AUGUST 2012
As Park Manager of the Resorts Magic Entertainment, Inc, I will recommend to the Board through its Committee that we go for the First option; to negotiate on the damages to be paid with the Principal (as he/she represents the students from Ramon Magsaysay High School) with the provision that the matter will be treated with strict confidentiality avoiding media hype and going to court and a one- time payment of not lower than Php1, 000,000.00.
The decision was based on the following violation analysis and the possible actual damages that the company may incur should we pursue the case in Court:
The law on Quasi Delicts imposes the Park to pay for the damages as it states (Art. 2176), that whoever by act or omission causes damage to another, there being fault or negligence, is obliged to pay for the damage done.
It should also be noted on Article 2180, the responsibility on Quasi Delicts cease ONLY when it has been proven that they observed all the diligence of a good father of the family to prevent damage. It should be noted that the weather is not cooperating that day of the incident, when in fact; the Park has an option to close to ensure the safety of all its guests. The closure may easily be explained to the School as the weather is a fortuitous event and the safety is at stake – the Park can easily reschedule the booking accepted or refund the payment made by Ramon Magsaysay School. It is also stated in the investigation submitted to the Park Manager that the Maintenance Team, despite continuously drying the slippery areas, they failed to mop up the stairs leading to the said ride. These items only prove that the Park did not exercise all the diligence to prevent the damage from happening.