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Torts and Damages
AUF School of Law
Torts and Damages
AUF School of Law

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Published by: jhoanna mariekar victoriano on Oct 18, 2010
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11/23/2014

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Torts & Damages 
AUF School of Law Atty. Saben C. Loyola 
CHAPTER 1GENERAL CONSIDERATIONSTorts
– (Fr)
torquere
; to twist
 –
common law: unlawful violation of privateright, not created by contract, and whichgives rise to an action for damages.
 –
An act or omission producing an injury toanother, without any previous legal relationof which the said act or omission may besaid to be a natural outgrowth or incident.
 –
Private or civil wrong or injury, other thanbreach of contract.
 –
Can be based on all 5 sources of obligationas enumerated in Art. 1157, NCC
 –
genus; involves any violation of a right
Classes of torts:
Intentional torts
conduct where theactor desires to cause the consequencesof his acts or believes that consequencesare substantially certain to result from it.
Battery, assault, false imprisonment,defamation, invasion of privacy,interference of property
Negligence
– voluntary acts or omissionswhich result in injury to another withoutintending to cause the same. The actor fails to exercise due care in performingsuch acts or omissions
strict liability
– the person is made liableindependent of fault or negligence uponsubmission of proofs of certain facts.
Philippine Tort Law
Obligations based on law & quasi-delict
Sources
New Civil Code
Roman Law
Spanish
French
Anglo-American Law
Scope And Applicable Laws
the Code Commission uses the word
quasi-delict 
” instead of torts becausetorts in Angle American law is muchbroader than the Spanish-Philippineconcept of obligations arising from non-contractual negligence.
Intentional acts (considered torts inAnglo American law) are intended to begoverned by the RPC in the PhilippinesArt. 19, 20, & 21 of the NCC enlarge the concept of tortious acts and embody in our law the Anglo-American concept of tort. They are “catch-allprovisions that serve as basis for any imaginabletort action.Art. 20 is the general sanction for all otheprovisions of law which do not especially providetheir own sanctions and is broad enough to cover all legal wrongs which do not constitute violation of contract.
Defamation
fraud
physical injuries
violation of constitutional rights
negligence
interference with contractual relations
violation of privacy
malicious prosecution
product liability
strict liability for possession of animals
abuse of right (Art. 19, NCC)
acts which violate good morals andcustoms (Art. 21, NCC)Art. 1902 of the old Civil Code covers the broadconcept of torts prior to the NCC.Art. 2176 of NCC covers quasi-delict, which asobserved by the SC in numerous cases includesintentional acts.
Culpa aquiliana
includes acts which are criminal incharacter or in violation of the penal law, whether voluntary or negligent.
Purposes of Tort Law:
General purpose: Protect different interests in thesociety, specifically to:
provide a peaceful means for adjusting therights of parties who might otherwise takethe law in their hands
 jmvdg11
st 
Sem/ A.Y. 2010-2011
 
Torts & Damages 
AUF School of Law Atty. Saben C. Loyola 
deter wrongful conduct
encourage socially responsible behavior 
restore the injured parties to their originalcondition, insofar as that law can do this,by compensating them for their injury.
Reduce the risks and burden of living in thesociety and to allocate them among themembers of the society
The study of law of torts is therefore a study of theextent to which the law will shift from the personaffected to the shoulder of him who caused theloss.(Wright, Cases on Law on Torts, p.1)
Although tort law is mainly concerned withproviding compensation for personal injury andproperty damage caused by negligence, it alsoprotects other interests such as reputation,personal freedom, enjoyment of property, andcommercial interests.
Fundamental principles:
These purposes of tort law are sought to beachieved in the pursuit of fundamental principlesupheld under the NCC.EQUITY & JUSTICE
NCC upholds the “spirit that giveth liferather than the letter that killeth”
Art. 21 & 26 of NCC
 justice and equity demand that personswho may have damaged by the wrongful or negligent act of another are compensated.
Acting with justice involves the duty toindemnify for damages caused under Arts.20,21,28,27; to indemnify by reason of unjust enrichment under Arts. 22 & 23; andto protect the weaker party under Art. 24
“the precepts of law are these, to livehonestly, not to injure others, and to giveeach one his due.”
Justice is a steady and unceasingdisposition to render every man his due.”
2 levels of justice
social
distributive – address the allocationof social goods and bads
concern of our democraticinstitutions
retributive – sanctions or penaltiesthat are applied to those whoengage in cetain kinds of antisocialbehavior 
individual
compensatory a person whowrongfully inflicts harm on another or that person's property mustrepay or repair the damage
commutative – fairness of a privatebargain or exchange
equity is defined as justice according tonatural law and right.
Justice outside legality
invoked in justifying the rule regardingmitigation of liability if the plaintiff wasguilty of contributory negligenceDEMOCRACY
democracy being more than a mere form of government, affecting as it does, the veryfoundations of human life and happiness,cannot be overlooked by an integral civilcode.
Art. 32 provides for independent civilactions for damages against any publicofficer or employee, or any privateindividual, who directly or indirectlyobstructs, defeats, violates, or in anymanner impedes or impairs the civil rightsand liberties of another person.RESPECT FOR HUMAN DIGNITY
Art. 26 and the provisions on moraldamages are included in order to remedydefects in old CC in so far as it did notproperly exalt human personality.
The touchstone of every system of laws, of the culture and civilization of every country,is how far it dignifies man.
Justification of Tort Liability:
in cases of non-contractual obligations, it is the wrongful or negligent act or omission itself which creates the
vinculum juris
whereas in contractual relations the
vinculum
exists independently of the breach of thevoluntary duty assumed by the parties.
 jmvdg21
st 
Sem/ A.Y. 2010-2011
 
Torts & Damages 
AUF School of Law Atty. Saben C. Loyola 
Moral perspective
tort liability may be justified becausethe conduct is considered moral wrong.
The law of torts abounds in moralphraseology it has much to say of wrongs, malice, fraud, intent andnegligence. Hence, it may naturally besupposed that the risk of man'sconduct is thrown upon him as a resultof some moral shortcomings.
Ubi jus ibi remedium
(there is no wrongwithout remedy)
moral turpitude was considered theoutstanding though not exclusiveprinciple of tortious liability.
social and economic perspective
liability may be provided for certaintortious conduct because of the goodthat it will do to the society as a wholeand its function of encouraging sociallyresponsible behavior.
Economic analysis of tort law focuseson the allocation of the risks of loss dueto the destruction of property or injuryto persons created by those activities.
Plaintiff 
:
Any person who had been injured byreason of a tortious conduct can sue thetortfeasor.
Plaintiff can be a natural person or juridicalperson.
An unborn child is not entitled to damages.But the bereaved parents may be entitledto damages, on damages inflicted directlyupon them. (
Geluz vs. CA, 2 SCRA 802 
)
Defendant:
may be held liable even if he does notknow the identity of the plaintiff at the timeof the accident.
Can either be a natural or juridical beingThe primary purpose of a tort action is to providecompensation to a person who was injured by thetortious conduct of the defendant.Preventive remedy is available in some cases.Alternative compensation schemes includeinsurance & work employees compensation
CHAPTER 2NEGLIGENCEKinds of Negligence:
culpa contractual 
(contractual negligence)
culpa aquiliana
(quasi-delict)
culpa crimina
l (criminal negligence)
Quasi-Delict
used by the Code Commission todesignate negligence as a separate sourceof obligation because it more nearlycorresponds to the Roman Lawclassification and is in harmony with thenature of this kind of liability.
fault or negligence of a person who, by hisacts or omission, connected ounconnected with, but independent from,any contractual relation, causes damage toanother person. (Art. 2176 of the CC)
covers not only those that are not punishedby law but also those acts which arevoluntary and negligent
Requisites:
act or omission constituting fault or negligence
damage caused by the said act or omission
causal relation between the damageand the act or omission
absence of contractual relationbetween plaintiff and defendant. (
nolonger cited because an action based on quasi-delict can be maintained evenif there is an existing contractuarelation between the parties
)
Delict
criminal negligence; covered by Art. 365 of RPC
elements:
offender does or fails to do an act
that the doing or the failure to do theact is voluntary
 jmvdg31
st 
Sem/ A.Y. 2010-2011

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