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Torts and Damages

Torts and Damages

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Published by hotjurist
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Published by: hotjurist on Apr 02, 2010
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03/17/2013

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hotjurist 2010
In foro conscientiae
TORTS(CODAL PROVISIONS)
A. Concept of Quasi-Delict4. In the New Civil Code(Damages)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 aquasi-delict and is governed by the provision of Chapter II(Quasi-Delicts).CC 1157Obligations arise from:(1) Law;(2) Contracts;(3) Quasi-contracts;(4) Acts and omissions punished by law; and(5) Quasi-delicts.CC 1162Obligations derived from quasi-delicts shall be governed by the provisions of Chapter 2, Title XVII of this Book, and by special laws.5. Distinguished from delict/civil liability arising from delict
Civil liability of a person guilty of felony.
Every person criminally liable for afelony is also civilly liable.RPC 101Rules regarding civil liability in certain cases. The exemption from criminalliability established in subdivisions 1,2,3,5 and 6 of Article 12 and in subdivision 4of Article 11 of the RPC does not include exemption from civil liability, whichshall be enforced subject to the following rules:
 
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In foro conscientiae
First. In cases of subdivisions 1, 2, and 3 of Article 12, the civil liability for actscommitted by an imbecile or insane person, and by a person under nine years of age, or by one over nine but under fifteen years of age, who has acted withoutdiscernment, shall devolve upon those having such person under their legalauthority or control, unless it appears that there was no fault or negligence ontheir part.Should there be no person having such insane, imbecile or minor under hisauthority, legal guardianship or control, or if such person be insolvent, saidinsane, imbecile, or minor shall respond with their own property, exceptingproperty exempt from execution in accordance with civil law.Second. In cases falling within subdivision 4 of Article 11, the persons for whosebenefit the harm has been prevented shall be civilly liable in proportion to thebenefit which they may have received.The courts shall determine, in sound discretion, the proportionate amount for which each one shall be liable.When the respective shares cannot be equitably determined, evenapproximately, or when the liability also attaches to the Government, or to themajority of the inhabitants of the town, and, in all events, whenever thedamages have been caused with the consent of the authorities or their agents,indemnification shall be made in themanner prescribed by special laws or regulations.Third. In cases falling within subdivisions 5 and 6 of Article 12, the personsusing violence or causing the fears shall be primarily liable and secondarily, or, if there be no such persons, those doing the act shall be liable, saving alwaysto the latter that part of their property exempt from execution.RPC 102
Subsidiary civil liability of innkeepers, tavern-keepers and proprietors of establishments
. In default of the persons criminally liable, innkeepers, tavern-keepers, and any other persons or corporations shall be civilly liable for crimescommitted in their establishments, in all cases where a violation of municipalordinances or some general or special police regulations shall have beencommitted by them or their employees.Innkeepers are also subsidiarily liable for the restitution of goods taken byrobbery or theft within their houses from guests lodging therein, or for thepayment of the value thereof, provided that such guests shall have notified inadvance the innkeeper himself, or the person representing him, of the depositsof such goods within the inn; and shall furthermore have followed the directions
 
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which such innkeeper or his representative may have given them with respectto the care and vigilance over such goods. No liability shall attach in case of robbery with violence against or intimidation of persons unless committed by theinnkeeper's employees.RPC 103
Subsidiary civil liability of other persons
. The subsidiary liability established inthe next preceding article shall also apply to employers, teachers, persons, andcorporations engaged in any king of industry for felonies committed by theiservants, pupils, workmen, apprentices, or employees in the discharge of their duties.RPC 104
What is included in civil liability.
The civil liability established in Articles 100, 101,102 and 103 of the RPC includes:1. Restitution;2. Reparation of the damaged caused;3. Indemnification for consequential damages.RPC 105
Restitution
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How made
. The restitution of the thing itself must be madewhenever possible, with allowance for any deterioration, or diminution of valueas determined by the court.The thing itself shall be restored, even though it be found in the possession oa third person who has acquired by the third person in the manner and under the requirements which, by law, bar an action for its recovery.RPC 106
Reparation - How made
. The court shall determine the amount of damage,taking into consideration the price of the thing, whenever possible, and its specialsentimental value to the injured party, and the reparation shall be madeaccordingly.RPC 107
Indemnification - What is included 
. Indemnification for consequential damagesshall include not only those caused the injured party, but also those suffered byhis family or by a third person by reason of the crime.RPC 108

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