TORTS AND DAMAGES CHAPTER 1: CONCEPT OF TORTS Art. 2176. 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 preexisting contractual relation between the parties, is called a quasi-delict and is governed by the provisions of this Chapter. (1902a) ELEMENTS OF QUASI DELICT/TORTS: 1. Act or omission 2. Damage or injury is caused to another 3. Fault or negligence is present 4. There is no pre-existing contractual relations between the parties 5. Causal connection between damage done and act/omission NEGLIGENCE • The omission of that degree of diligence which is required by the nature of the obligation and corresponding to the circumstances of the persons, time and place. (Art. 1173, NCC) KINDS OF NEGLIGENCE 1. Quasi delict (Art. 2176 NCC) 2. Criminal negligence (Art. 356 RPC) 3. Contractual negligence (NCC provisions on contracts particularly Arts. 1170 to 1174) DISTINGUISHED FROM OTHER SOURCES OF OBLIGATION: QUASI DELICT Negligent act/ omission (culpa, imprudence) Preponderance Preponderance of evidence of evidence Exercise of Exercise of QuickTime™ and a TIFF (Uncompressed) decompressor extraordinary diligence of are needed to see this picture. diligence (in good father of a contract of family in the carriage), Force selection and Majeure supervision of employees CONTRACT Contract Preexisting contract Burden of proof CONTRACT There is a preexisting contract Contractual party. Prove the ff.: 1. existence of a contract 2. breach QUASI DELICT No pre-existing contract Victim. Prove the ff.: damage 1. negligence 2. causal connection between negligence and damage done DELICT Act / omission committed by means of dolo (deliberate, malicious, in bad faith) Proof beyond reasonable doubt

Vinculum Juris


Proof Needed Defense available

Preexisting contract Burden of proof

Preponderance of evidence Exercise of extraordinary diligence (in contract of carriage), Force Majeure There is a preexisting contract Contractual party. Prove the ff.: 1. existence of a contract 2. breach

No pre-existing contract Prosecution. Accused is presumed innocent until the contrary is proved.

Vinculum Juris Proof Needed Defense available

CIVIL LIABILITY IN QUASI-DELICT VS. DELICT QUASI DELICT Solidary Civil aspect of the quasi-delict is impliedly instituted with criminal action, DELICT Subsidiary Civil aspect is Impliedly instituted with criminal action

Liability of Employer Reservation Requirement

—Adviser: Dean Cynthia del Castillo Head: Joy Ponsaran, Eleanor Mateo; Understudy: Joy Tajan, John Paul Lim; Subject Head: Jomi Legaspi;

Corliss v. then he is guilty of negligence • Could a prudent man. precautions to guard against harm CIRCUMSTANCES TO CONSIDER • Time • Place • Personal circumstances of the Actors • NOTE: Applying the provisions of the RPC. A child under 9 years Page 237 of 297 . favorable or unfavorable. The rules nowhere provide that if the court fails to determine the civil liability it becomes no longer enforceable Castillo v. there is a disputable presumption of absence or negligence. 176 SCRA 591– A quasidelict or culpa aquiliana is a separate legal institution under the Civil Code with a substantivity all its own.The knowledge and experience of the actor is also considered in determining whether he observed due diligence. But if the minor is mature enough to understand and appreciate the nature and consequences of his actions. Effect of judgment of acquittal in a criminal case involving same act/omission Not a bar to recover civil damages • NOTE: It is an existing doctrine that the failure of the court to make any pronouncement. Corliss v. in the case under consideration. possessing such capacity. CHAPTER 2: SPECIAL RULES 1. as to the civil liability of the accused amounts to a reservation of the right to have the civil liability litigated and determined in a separate action. Manila Railroad – The law works only within the sphere of the senses. if the child is above 9 years but below 15.Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 but under 2000 Crimpro Rules it is independent and separate Not a bar to recover civil damages EXCEPT when judgment pronounces that the negligence from which damage arise is non-existent GOOD FATHER OF A FAMILY (pater familias) • The only standard of conduct used in the Philippines (Art. Moral consideration are not normally accorded great weight. 16 Phil 8 – The law fixes no arbitrary age at which a minor can be said to have the necessary capacity to understand and appreciate the nature and consequences of his acts • TESTS OF NEGLIGENCE • Did the defendant in doing the alleged negligent act use the reasonable care and caution which an ordinary prudent person would have used in the same situation? • If not. Meralco. it as the duty the actor to take are needed to seeof this picture. Judge Sangco takes the view that a child who is 9 or below is conclusively presumed to be incapable of negligence. he will be considered negligent if he fails to exercise due care and precaution in the commission of such acts. 1173 NCC) • A reasonable man is deemed to have knowledge of the facts that a man should be expected to know based on ordinary human experience. Manila Railroad – The law presumes or requires a man to possess ordinary capacity to avoid harming his neighbors unless a clear and manifest incapacity is shown and the law does not hold him liable for unintentional injury unless. and individuality that is entirely apart and independent from a delict or crime — a distinction exists between the civil liability arising from a crime and the responsibility for quasi-delicts or culpa extracontractual. Taylor v. On the other hand. CHILDREN • The action of the child will not necessarily be judged according to the standard of an adult. Absence of negligence does not necessarily mean absence of liability. he might and ought to have foreseen the danger. CA. foresee harm as a result of the course pursued? QuickTime™ and a TIFF (Uncompressed) decompressor • If so.

INSANITY • An insane person is exempt from liability. he is considered partly responsible only. • 3. proximate cause of injury/damage must be the negligence of defendant 2. would naturally produce the event 2. But it may be considered to prove negligence.the plaintiff was also negligent together with the defendant. there can be no recovery 3. DOCTRINE OF LAST CLEAR CHANCE .Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 • can still be subsidiarily liable with his property (Art. by express provision of law. 100 RPC) Absence of negligence of the child may not excuse the parents from their vicarious liability under Art. Plaintiff may still recover from defendant but the award may be reduced by the courts in proportion to his own negligence Proximate Cause – the adequate and efficient cause which in the natural order of events and under the particular circumstances surrounding the case. there may be civil liability even when the perpetrator is held to be exempt from criminal liability. DAMAGE / INJURY 3. 2180 NCC or Art. Thus. Banks. he will be considered as negligent Exception: If the defect amounts to a real disability.grounded on the difficulty in proving thru competent evidence. However. The rule regarding experts is applicable not only to professionals who have undergone formal education 4. INTOXICATION • GENERAL RULE: Wright v. In cases where negligence is presumed or imputed by law this is only rebuttable/presumption juris tantum b. • NOTE: If plaintiff's negligence is only contributory. public policy considerations 2. otherwise. Common Carriers) 5. This defense is available only in an Page 238 of 297 6. CONTRIBUTORY NEGLIGENCE . the standard of conduct is that of a reasonable person under like disability. CA – They should exhibit the case and skill of one who is ordinarily skilled in the particular field that he is in.even though a person’s own acts may have placed him in a position of peril and an injury results. to constitute a defense. Manila Electric – Mere intoxication is not negligence nor establishes want of ordinary care.plaintiff must prove negligence of defendant Exceptions: a. NEGLIGENCE . the injured is entitled to recover if the defendant thru the exercise of reasonable care and prudence might have avoided injurious consequences to the plaintiff. 221 FC. The insanity of a person does not excuse him or his guardian from liability based on quasi delict (Art. NATURE OF ACTIVITY • There are activities which by nature impose duties to exercise a higher degree of diligence (ex. if plaintiff’s own conduct is the cause of the injury there can be no recovery. CHAPTER 3: WHAT MUST BE PROVED 1. Principle of res ipsa loquitur (the thing speaks for itself) . EXPERTS AND PROFESSIONALS Fernando v. PHYSICAL DISABILITY • GENERAL RULE: a weak or accident prone person must come up to the standard of a reasonable man. 2180 and 2182 NCC) . CONCURRENT NEGLIGENCE – if both parties are equally negligent the courts will leave them as they are. he was violating any traffic regulation QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. CAUSAL CONNECTION BETWEEN NEGLIGENCE AND DAMAGE – Defendant’s negligence must be the proximate cause of the injury sustained by the plaintiff to enable plaintiff to recover. 2185 of the NCC it is presumed that a person driving a motor vehicle has been negligent if at the time of the mishap. • EXCEPTION: Under Art. CHAPTER 4: DEFENSES 1.

DOCTRINE OF ASSUMPTION OF RISK – Volenti non fit injuria REQUISITES: a. The occurrence must be such as to render it impossible for the debtor to fulfill his obligation in a normal manner d. The obligor must be free from any participation in the aggravation of the injury resulting to the creditor. Defendants concurrently negligent c. b. • Page 239 of 297 . must be independent of the human will. the action shall still be judged by the standard of the ordinary prudent man FACTORS TO CONSIDER: • Gravity of the HarmQuickTime™ to be avoided and a TIFF (Uncompressed) decompressor • Alternative courses of action .no person shall be responsible for those events which cannot be foreseen. FORTUITOUS EVENT . 2215(4) NCC] NOTE: A person may still be liable for a fortuitous event if such person made an ASSUMPTION OF RISK. Accident occurred as proximate cause of such failure • • Who may invoke: Plaintiff NOTE: The doctrine is inapplicable to a. presented to the actor is too costly.Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 action by the driver or owner of one vehicle against the driver or owner of the other vehicle involved. 4. The cause of the unforeseen and unexpected occurrence.The act which subjects an innocent person to an unnecessary risk is a negligent act if the risk outweighs the advantage accruing to the actor and even to the innocent person himself. Defendant knew of such position of the plaintiff c. 253 SCRA 303 – An individual will nevertheless be subject to liability if the emergency was brought about by his own negligence. CA. is not guilty of negligence. or of the failure of the debtor to comply with his obligation." Valenzuela v. One who voluntarily assumed the risk of an injury from a known danger cannot recover in an action for negligence or an injury is incurred c. or which through foreseen were inevitable REQUISITES: a. NOTE: Applicable only to situations that are sudden and unexpected such as to deprive actor of all opportunity for deliberation (absence of foreseeability). places. things 7. Intentional exposure to a known danger b. Plaintiff’s acceptance of risk (by law/contract/nature of obligation) has erased defendant’s duty so that his negligence is not a legal wrong d. if he fails to adopt what subsequently and upon reflection may appear to have been a better method. Applies to all known danger 6. unless the emergency in which he finds himself is brought about by his own negligence. It must be impossible to foresee the event which constitutes caso fortuito or if it can be foreseen it must be impossible to avoid c. REQUISITES: a. 5. As against 3rd persons • Person exposed to the risk . Joint tortfeasors b.If the alternative are needed to see this picture. Defendant had the least clear chance to avoid the accident by exercise of ordinary care but failed to exercise such last clear chance and d. EMERGENCY RULE . EXCEPTION: It is merely a partial defense and the courts may mitigate the damages if the loss would have resulted in any event [Art. • • GENERAL RULE: Fortuitous Event is a complete defense and a person is not liable if the cause of the damage is a fortuitous event.diligence required by law/contract/ depends on circumstances of persons. the harm that may result may still be considered unforeseeable to a reasonable man • Social Value and Utility of the Action .A higher degree of diligence is required if the person involved is a child. DUE DILIGENCE . and is required to act without time to consider the best means that may be adopted to avoid the impending danger. Plaintiff was in a position of danger by his own negligence b."one who suddenly finds himself in a place of danger.

Vicarious Liability – law on imputed negligence. Employers or parents are made liable not only because of the negligent or wrongful act of the person for whom they are responsible but also because of their own negligence (i. who live in their company Page 240 of 297 . and in case of his death or incapacity.4 years b. a person who himself is not guilty of negligence is made liable for conduct of another • NOTE: Vicarious liability is not governed by the doctrine of respondeat superior. OTHER GROUNDS – Motion To Dismiss: a. claim set forth in pleading has been paid. Liability of employers under Article 103 of the RPC b. lack of jurisdiction over subject matter c. liability is imposed on the employer because he failed to exercise due diligence in the selection and supervision of his employees) EXCEPTION: the doctrine of respondeat superior is applicable in: a. • Father and Mother shall jointly exercise parental authority over common children. waived. PERSONS VICARIOUSLY LIABLE – the obligation imposed in 2176 is demandable not only for one’s own act or omission but also for those persons for whom one is responsible (art 2180). pleading asserting claim states no cause of action h. PRESCRIPTION a.Whoever by act or omission causes damage to another. therefore no liability is incurred. there is no legal injury 9. In case of disagreement. there is another action pending between same parties for same cause f. When no specific provision. over 21 years old unless unfit or disqualified • CHAPTER 5: PERSONS LIABLE FOR QUASI DELICT WHO SHOULD BE LIABLE FOR A QUASI-DELICT: 1. under their authority b. Those exercising substitute parental authority b. extinguished i. father's decision shall prevail (art 211). claim is unenforceable under the provision of statute of fraud j. must be counted from the day they may be brought 12. the mother are responsible for damage caused by minor children who live in their company. Liability of a partnership for the tort committed by a partner WHO ARE THE PERSONS VICARIOUSLY LIABLE: 1. PARENTS . Defamation . lack of jurisdiction over person of defendant b. LAW – specific provision of law 10. QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture.Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 8. over 21 years old unless unfit or unqualified d.Guardians are liable for damages caused by the minor or incapacitated persons who are: a. a. Injury to right of plaintiff/quasi delict . condition precedent for filing claim has not been complied with 2. PROSCRIPTION AGAINST DOUBLE RECOVERY . plaintiff has no legal capacity to sue e. 2. EXERCISE OF THE DILIGENCE OF A GOOD FATHER OF A FAMILY IN THE SELECTION AND SUPERVISION OF EMPLOYEES 11. Surviving grandparents c. ACT OR OMISSION IS NOT THE PROXIMATE CAUSE OF THE DAMAGE 14. Child’s actual custodian. venue improperly laid d.1 year c. GUARDIANS . DAMNUM ABSQUE INJURIA – a principle that involves damage without injury. NOTE: Persons liable for the act of minors other than parents. Oldest sibling. there being no fault or negligence is obliged to pay for the damage done (art 2176). cause of action is barred by prior judgment /statute of limitations g. abandoned.e.The father. TORTFEASOR .Responsibility for fault or negligence under quasi-delict is entirely separate and distinct from civil action arising from the RPC but plaintiff cannot recover damages twice for same act or omission of the defendant • 13.

Fault of the injured/damaged person 2. could have. . CHAPTER 6: PERSONS EXPRESSLY MADE LIABLE BY LAW EVEN WITHOUT FAULT (STRICT LIABILITY) 1. instruction or custody (authority & responsibility shall apply to all authorized activities whether inside or outside the premises or the school. If culprit is a teacher. FAMILY CODE PROVISIONS: a.Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 3. the owner is solidarily liable with the driver if: a. FC 218 – schools are expressly made liable b. Force majeure b. TEACHER Teachers or heads of establishments of arts & trades shall be liable for damages caused by their pupils. employees and b. follow PSBA ruling (sue school based on contract iii. Francis ruling – school’s liability as employer c. SCHOOL ADMINISTRATOR. It’s not necessary for the students to board and live with the teachers so that there can be custody over them. entity or institution).The school. b. therefore: i. St. act/omission was made outside working hours and in violation of company's rules and regulations SCHOOL’S LIABILITY: • • GENERAL RULE: The School itself is NOT liable as party defendants EXCEPTIONS: a. prevented the misfortune • A Driver is Presumed Negligent by law If: Page 241 of 297 TEACHER’S LIABILITY:QuickTime™ and a • The basis of the teacher’s liability is the principle of loco parentis (stand in place of parents). OWNERS & MANAGERS OF ESTABLISHMENT/ENTERPRISE . exercise of due diligence ins election and supervision of employees b. in the service of the branches in which the latter are employed OR b. OWNER OF MOTOR VEHICLE • In motor vehicle mishap. judicial guardian or person exercising substitute parental authority over said minor shall be subsidiarily liable.apply 2180 5. TIFF (Uncompressed) decompressor are needed to see this picture. PSBA ruling – school has liability based on contract. its administration & teachers or the individual. If culprit is a stranger. Family Code. EMPLOYERS . Family Code. in occasion of their function 4. household helpers c. but not when the same is caused by an official to whom task done properly pertains in which case art 2176 is applicable 6. Art 219 . who are acting w/in the scope of their assigned task even though the former are not engaged in any business or industry (unlike in RPC – subsidiary liability of employer attaches in case of insolvency of employer for as long as the employer is engaged in business/industry) • DEFENSES AVAILABLE TO EMPLOYERS: a. Francis ruling (sue school as employer) ii. entity or institution engaged in child care shall have special parental authority & responsibility over the minor child under their supervision. through due diligence.Employers shall be liable for damages caused by their: a. the latter shall be deemed to have custody over the students. 2180 applies to all including academic institution per weight of jurisprudence based on obiter of Justice JBL Reyes in the Exconde case. and b. So long as the students remain in the protective and supervisory capacity of teachers. STATE . Art 218 . follow St. POSSESSOR OF AN ANIMAL • The possessor of an animal or whoever may make use of the same is responsible for the damage which it may cause • Exceptions: a.Those given the authority & responsibility shall be solidarily & principally liable for damages caused by act/omission of the unemancipated minor.The state is responsible when it acts through a special agent. parents. students & apprentices as long as they remain in their custody even if they are beyond the age of majority • NOTE: Art.Owners & managers of establishment or enterprise are responsible for damages caused by their employees who are: a. If culprit is a student . he was in the vehicle.

DRINKS. In the exercise of his legal right or duty b. DEFENDANT IN POSSESSION OF DANGEROUS WEAPONS OR SUBSTANCES. By emanations from tubes. if not caused by force majeure e. canals. NOTE: Every owner of a motor vehicle shall file with the proper government office a bond executed by a government-controlled corporation or office. he had been found guilty or reckless driving or violating traffic regulations at least twice within the next preceding two months. willfully or negligently causes damage to another. 20) ƒ For all other provisions of law which do not especially provide their own sanction a. to answer for damages to third persons. By excessive smoke. Willfully or negligently causes damage to another ƒ Article 20 does not distinguish. TOILET ARTICLES & SIMILAR GOODS They are liable for death and injuries caused by any noxious or harmful substances used although no contractual relation exists between them and the consumers 7. the act may be done either willfully or negligently Page 242 of 297 . In these cases. action must be brought within 10 years from collapse 8. MANUFACTURERS & PROCESSORS OF FOODSTUFFS. contrary to law. For the sole intent of prejudicing or injuring another • • Common element under articles 19 and 21: the act must be intentional An action can only proper when damage. 19. sewers or deposits of infectious matter. Total or partial collapse of building or structure if due to lack of necessary repairs b. good customs or public policy shall compensate the latter for the damage. he was violating any traffic regulation. HEAD OF FAMILY THAT LIVES IN A BUILDING OR PART THEREOF • Liable for damages caused by things thrown or falling from the same CHAPTER 7: SPECIAL TORTS Art. Art. public buildings. streets. give everyone his due. PROPRIETOR OF BUILDING OR STRUCTURE • Responsible for the damages resulting from any of the ff. • 4. was suffered by the plaintiff. An action based on Articles 19-21 will be dismissed if the plaintiff merely seeks “recognition” A defendant may likewise be guilty of tort under Articles 19-21 even if he acted in good faith. SUCH AS FIREARMS AND POISON • There is prima facie presumption of negligence on the part of defendant if death or injury results from such possession • EXCEPTION: The possession or use thereof is indispensable in his occupation or business 5. shall indemnify the latter for the same. By falling of trees situated at or near highways or lanes. and other public works under their control or supervision 6. constructed without precautions suitable to the place • GENERAL SANCTION (ART. in the exercise of his rights and in the performance of his duties. may be harmful to persons or property d. 21. The right or duty is exercised in bad faith 3. which are needed to see this picture. material or otherwise. PROVINCES. and observe honesty and good faith. ABUSE OF RIGHTS (ART 19) 1. b. liability to pay moral damages may not be imposed on the defendant who acted in good faith. Every person who. Every person must. 3. at the time of the mishap.: a. Any person who willfully causes loss or injury to another in a manner that is contrary to morals. CITIES & MUNICIPALITIES • Shall be liable for damages for the death or injuries suffered by any person by reason of the defective condition of roads. and the inflammation of explosive substances which have not been kept in a safe and adequate place QuickTime™ and a TIFF (Uncompressed) decompressor c. 20.Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 a. ARCHITECT OR CONTRACTOR • If damage of building or structure is caused by defect in construction which happens within 15 years from construction. There is a legal right or duty 2. bridges. Art. act with justice. ENGINEER. Explosion of machinery which has not been taken cared of with due diligence.

TRESPASS TO AND/OR DEPRIVATION OF PRIVATE PROPERTY • In the field of tort. enticement. 5. Mendez – Sexual intercourse is not by itself a basis for recovery but damages could be awarded if the sexual intercourse is not a product of voluntariness or mutual desire Tanjanco v. 451 of the Civil Code requires intent or bad faith • A builder in good faith who acted negligently may be held liable under Art. Constantino v. planter or sower acted in good faith. superior power or abuse of confidence on the part of the seducer to which the woman has yielded for which the seducer can be held liable for damages • intercourse with another even if he is satisfied his lust without promising to marry the offended party It may not even matter that the plaintiff and the defendant are of the same gender 3. • EXCEPTION: In cases where there is another act independent of the breach of a promise to marry which gives rise to liability a. good customs and public policy. a woman of adult age. he may be liable for damages for such omission because the same is contrary to law. Cases where there was financial damage b. TRESPASS TO AND/OR DEPRIVATION OF REAL PROPERTY • Liability for damages under the RPC and Art. BREACH OF A PROMISE TO MARRY • GENERAL RULE: Breach of a promise to marry by itself is not actionable. Social humiliation caused to one of the parties c. There is here voluntariness and mutual passion. trespass extends to all cases where a person is deprived of his personal property even in the absence of criminal liability • Examples: theft. good customs and public policy • The defendant is liable if he employed deceit. public order or public policy 3. 448 of the Civil Code in relation to Art. is also an act contrary to morals. But which is contrary to morals. Page 243 of 297 . IAC. And it is done with intent to injure ƒ Damages are recoverable even if no positive law has been violated EXAMPLES OF ACTS CONTRA BONUS MORES: 1. The landowner is limited to the options given to him under article 448 b. no case is made under Article 21. NCC 2. good custom. The defendant who was landlord. robbery Magbanua v. CA – For one whole year.Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 CONTRA BONUS MORES (ART 21) 1. Hence. CA – moral seduction connotes the idea of deceit. SEXUAL ASSAULT • Defendant is liable for all forms of sexual assault 4. superior power or abuse of confidence in successfully having sexual QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. If the breach was done in a manner that is clearly contrary to good morals Gashem Shookat Baksh v. the plaintiff. maintained intimate sexual relations with the appellant with repeated acts of intercourse. morals. Where there was moral seduction d. 2176 NCC • Art. TRESPASS PROPERTY AND DEPRIVATION OF 2 KINDS: a. DESERTION BY A SPOUSE • A spouse has the legal obligation to live with his/her spouse. his tenants of water in order to force them to vacate the lot they were cultivating. enticement. SEDUCTION WITHOUT BREACH OF PROMISE TO MARRY • Seduction by itself. 456 does not permit action for damages where the builder. 137 SCRA 352 – it may cover cases where the defendant was deprived of personal property for the purpose of obtaining possession of real property. was held liable because he deprived the plaintiffs. There is an act which is legal 2. If a spouse does not perform his/her duty to the other.

• The action which is terminated should be one begun in malice. without probable cause to believe that the charges can be sustained NOTE: Presence absence of malice. Example: If a company disconnects the electricity service without prior notice as required by the rules.A person can be held liable for damages for slapping another in public. prior acquittal may include dismissal by the prosecutor after preliminary investigation. The fact of the prosecution and the further fact that the defendant was himself the prosecutor. Even when an act or event causing damage to another's property was not due to Page 244 of 297 . 23. good faith may even be based on mistake of law. Oscar Leviste . 10. and that the action was finally terminated with an acquittal b. acquires or comes into possession of something at the expense of the latter without just or legal ground. 1701 of the Civil code (which prohibits acts of oppression by either capital or labor against the other) and Art. 19-21. MALICIOUS PROSECUTION • An action for damages brought by one against QuickTime™ and a (Uncompressed) decompressor another whomTIFF aare criminal prosecution.Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 • Manila Electric Co. RPC (slander by deed) Patricio v. 2217. suit or proceeding in favor of the defendant therein. UNJUST ENRICHMENT Art. 2219(8) NCC ELEMENTS: a. 32. or any other means. 35. CA. v. CA – The right to disconnect and deprive the customer. Art. Grand Union Supermarket v. The prosecutor was actuated or impelled by legal malice 6. other legal proceeding has been instituted maliciously and without probable cause. after termination of such prosecution. 21 • An employer may be held liable for damages if the manner of dismissing is contrary to morals good customs and public policy. 7. Was done intentionally without their consent • NOTE: A doctor who performs an illegal abortion is criminally liable under Art. Acquittal presupposes that a criminal information is filed in court and final judgment rendering dismissing the case. 21 NCC STATUTORY BASIS: Art. CA – Absence of malice signifies good faith on the part of the defendant. the employer should be deemed to have violated Art. 33. 22. That in bringing the action. the prosecutor acted without probable cause c. 359. 8. nevertheless. 9. 2 SCRA 802 – Husband of a woman who voluntarily procured her abortion may recover damages from the physician who cause the same on account of distress and mental anguish attendant to the loss of the unborn child and the disappointment of his parental expectation. who unreasonably fails to pay his bills of electricity should be exercised in accordance with the law and rules. 259 RPC Geluz v. Every person who through an act of performance by another. 2. the company commits a tort under Art. or needed to see this picture. ILLEGAL DISMISSAL • The right of the employer to dismiss an employee should not be confused with the manner in which the right is exercised and the effects of flowing therefrom. shall return the same to him. • If the dismissal was done anti-socially and oppressively. Espino – a defendant may likewise be guilty of a tort even if he acted in good faith if the action has caused humiliation to another. civil suit. PUBLIC HUMILIATION • Such acts also constitute an offense under Art. of probable cause signifies Globe Mackay and Radio Corp v. ABORTION AND WRONGFUL DEATH • Damages may be recovered by both spouses if: a. The abortion was cause through the physician’s negligence or b. Hon.

UNFAIR COMPETITION are needed to see this picture. to meet the witnesses face to face. Freedom from arbitrary or illegal detention. The right to a just compensation when private property is taken for public use. 10. Place of birth. defendant is a public officer charged with the performance of a duty in favor of the plaintiff b. The right to take part in a peaceable assembly to petition the government for redress of grievances. the amount of such damages. to be informed of the nature and cause of the accusation against him. by improper and sinister motive 16. • Unfair competition in agricultural. The right to the equal protection of the laws. that is. 2142. and to have compulsory process to secure the attendance of witness in his behalf. commercial or industrial enterprises or in labor through the use of force. OSTENTATIOUS DISPLAY OF WEALTH • Thoughtless extravagance for pleasure or display during a period of public want or emergency 12. 3. or any private individual. 14. and effects against unreasonable searches and seizures. 9. Intriguing to cause another to be alienated from his friends d. oppressive or highhanded method (Art 28) 15. Freedom to write for the press or to maintain a periodical publication. That in bringing it the prosecutor acted without probable cause. The right to be secure in one's person. and d. Vexing or humiliating another on account of his religious beliefs. without just cause to perform his official duty (art 27). 5. the latter shall be liable for indemnity if through the act or event he was benefited. violates or in any manner impedes or impairs any of the following rights and liberties of another person shall be liable to the latter for damages: 1. That the defendant was himself the prosecutor/ he instigated its commencement b. deceit. 16. physical defect. The privacy of communication and correspondence. 13. to have a speedy and public trial. who directly or indirectly obstructs. Page 245 of 297 11. or other personal condition 13. Prying into the privacy of another's residence b. Any public officer or employee. house. 2. prevention and other relief: a. VIOLATION OF RIGHT OF PRIVACY AND FAMILY RELATIONS • The following acts though they may not constitute a criminal offense. shall produce a cause of action for damages. 32. if material QuickTime™ and a TIFF (Uncompressed) decompressor 14. Freedom of speech. Art. Freedom of suffrage. MALICIOUS PROSECUTION • ELEMENTS . The right of the accused against excessive bail. Freedom of religion. • REQUISITES: a. The liberty of abode and of changing the same. Meddling with or disturbing the private life or family relations of another c. The right to be free from involuntary servitude in any form. That it finally terminates in his acquittal c. (n) a. 11. intimidation. The right of the accused to be heard by himself and counsel. he refused or neglected without just cause to perform such duty (ministerial) c. 8. 4. lowly station in life. 6. voluntary and unilateral acts give rise to the juridical relation of quasi-contract to the end that no one shall be unjustly enriched or benefited at the expense of another. Certain lawful. VIOLATION OF RIGHTS AND LIBERTIES OF ANOTHER PERSON Art. defeats. DERELICTION OF OFFICIAL DUTY OF PUBLIC OFFICERS • May be brought by any person suffering from material or moral loss because a public servant refuses or neglects. The right against deprivation of property without due process of law. The right to become a member of associations or societies for purposes not contrary to law. 7. That he was actuated by legal malice. plaintiff sustained material or moral loss as consequence of such non-performance d. 15. Machination or other unjust.Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 the fault or negligence of the defendant. papers. 12.

The indemnity shall include moral damages.denounced as nuisance by common law or by statute QuickTime™ and a (Uncompressed) decompressor b.000 DOCTRINE OF ATTRACTIVE NUISANCE – A class of cases within the general rule that one is liable for the injury resulting to another from failure to exercise the degree of care commiserate with the circumstances the attractiveness of the premises or of the dangerous instrumentality to children of tender years is to be considered as an implied invitation. and mat be proved by a preponderance of evidence. Such civil action shall proceed independently of any criminal prosecution (if the latter be instituted). Obstructs or interferes with the free passage of any public highway or streets. the aggrieved party has a right to commence an entirely separate and distinct civil action for damages. Private persons . Private persons . In any of the cases referred to in this article.if nuisance is specially injurious to himself. omission. or f. or h. or g. Civil action b. Civil action c. establishment. except when the person confessing becomes a State witness. The responsibility herein set forth is not demandable from a judge unless his act or omission constitutes a violation of the Penal Code or other penal statute. c. Nuisance Per Se . etc. and for other relief. Nuisance TIFF Per Accidens . 17. Freedom from excessive fines. the ff. the ff. whether or not the defendant's act or omission constitutes a criminal offense. Exemplary damages may also be adjudicated. without judicial proceedings WHO MAY AVAIL OF REMEDIES a. Prosecution under the RPC or any local ordinance b.Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 17. Freedom from being compelled to be a witness against one's self. which takes the children who accepted it out of the category of a trespasser and puts them in the category of invitees. Hinders or impairs use of property KINDS a. affect an individual or a limited number of individuals only REMEDIES AGAINST PUBLIC NUISANCES a.those which are in are needed to see this picture. their nature not nuisances. or disregards decency or morality. or any body of water i. or from being forced to confess guilt. 18. steps must be made: • Demand be first made upon owner or possessor of the property to abate the nuisance • That such demand has been rejected • That the abatement be approved by the district health officer and executed with the assistance of local police • That the value of destruction does not exceed P3. towards whom the owner of the premises or instrumentality owes the duty of ordinary care Page 246 of 297 . Abatement. unless the same is imposed or inflicted in accordance with a statute which has not been judicially declared unconstitutional. Public affects a community or neighborhood or any considerable number of persons d. or cruel and unusual that is not included in the foregoing definition. defies. and 19. or from being induced by a promise of immunity or reward to make such confession. Public officers b. Abatement. Private . condition of property. NUISANCE • Any act. Public officers b. but may become so by reason of their locality. without judicial proceeding WHO MAY AVAIL OF REMEDIES a. or the manner in which they may be conducted. or anything else which: e.if nuisance is specially injurious to himself. managed. surroundings. Freedom of access to the courts. Injures or endangers the health or safety to others. steps must be made: • Demand be first made upon owner or possessor of the property to abate the nuisance • That such demand has been rejected • That the abatement be approved by the district health officer and executed with the assistance of local police • That the value of destruction does not exceed P3. Shocks.000 REMEDIES AGAINST PRIVATE NUISANCES a. Annoys or offends the senses.

necessary in case of moral. except liquidated ones. Damages in case of Bad Faith i. 1. CRIMES AND QUASI-CRIMES Page 247 of 297 .natural. Temperate or moderate. hurt or harm which results from the injury DAMAGES The recompense or compensation awarded for the damage suffered NOTE: • A complaint for damages is a personal action • Proof of pecuniary loss is necessary to successfully recover actual damages from the QuickTime™ and a defendant.. If damages other than actual are sought c. but not the necessary and inevitable result of the wrongful act. It is sufficient that damages may be reasonably attributed to the nonperformance of the obligation. Actual or compensatory. 6. Nominal. is left to the discretion of the court according to the circumstances of each case. 4. Liquidated damages previously agreed upon. Need to be pleaded ii. Stipulation ACTUAL OR COMPENSATORY CHAPTER 8: DAMAGES DAMAGES MAY BE: 1. Prove the loss WHEN LOSS NEED NOT BE PROVED: a. Law b. Loss is presumed (ex: loss if a child or spouse) d. Moral. Special Damages . Parties have foreseen or could have reasonably foreseen at the time the obligation was created b. 3. the pecuniary consequences which the law imposes for the breach of some duty or the violation of some rights a. 2. (i. attorney’s fees) REQUIREMENTS: i. 5. necessary and logical consequences of a particular wrongful act which result in injury. nominal. but for as long as no legal injury or wrong has been done. liquidated or exemplary damages. Liquidated.Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 • • Adequate compensation for the value of loss suffered or profits which obligee failed to obtain Exceptions: a.e. Pray for the relief that claim for loss be granted iii. • The assessment of damages. injury or loss which is occasioned by reason of fault of another in the property or person KINDS OF DAMAGES DAMAGES – the pecuniary compensation recompense or satisfaction for an injury sustained. or as otherwise expressed. General Damage . temperate. Natural and probable consequences of breach of obligations ii. need not be specifically pleaded because the law itself implies or presumes that they resulted from the wrongful act b. Damages in case of Good Faith i. ACTUAL/COMPENSATORY CONTRACTS AND QUASI-CONTRACTS a. liquidated damages take the place of actual damages except when additional damages incurred b. No proof of pecuniary loss is TIFF (Uncompressed) decompressor are needed to see this picture. there is no liability INJURY Legal invasion of a legal right DAMAGE Loss. Forfeiture of bonds in favor of the government for the purpose of promoting public interest or policy (ex: bond for temporary stay of alien) DAMNUM ABSQUE INJURIA or Damage without Injury – a person may have suffered physical hurt or injury. DAMAGE – the detriment. or Exemplary or corrective.damages which are the natural.

2208 WHEN ARE ATTORNEY’S FEES RECOVERABLE: • In the absence of stipulation. b. c. Moral damages 2. if deceased was obliged to give support (for period not more than 5 years) d. Minimum amount: P50. attorney's fees and expenses of litigation. cannot be recovered. the basis should by one of the cases under Art.000 b. attorney's fees. Moral shock f. When at least double judicial costs are awarded. other than judicial costs. WHEN IS ACTUAL DAMAGES MITIGATED: a. g. Where the defendant acted in gross and evident bad faith in refusing to satisfy the plaintiff's plainly valid. In criminal cases of malicious prosecution against the plaintiff. In contracts. just and demandable claim. Social humiliation h. In a separate civil action to recover civil liability arising from a crime. In actions for indemnity under workmen's compensation and employer's liability laws. Defendant is liable for all damages that are natural and probable consequences of the act complained of. MORAL DAMAGES MORAL DAMAGES INCLUDE: (PBMF-MWSS) a. Support. cost of litigation LOSS OF EARNING CAPACITY: • Variables to consider are: a. It is due to the plaintiff and not to counsel • Plaintiff must allege the basis of his claim for attorney’s fees in the complaint. Damages for death a. i. Wounded feelings g. Serious anxiety Page 248 of 297 . In case where exemplary damages are to be awarded. fines or penalties. life expectancy b. medical & hospital bills. That since the filing of the action. Besmirched reputation c. Not necessary that damages have been foreseen or could have been reasonably foreseen. Quasi-contracts and quasi-delict i.Approximate Expenses (50% of GE) = Net Earnings LOSS OF PROFITS (Lucrum Cessans) • May be determined by considering the average profit for the preceding years multiplied by the number of years during which the business was affected by the wrongful act or breach ATTORNEY’S FEES • They are actual damages. net income/earnings – total of the earnings less expenses necessary for the creation of such earnings and less living or other incidental expenses Formula: [2/3 x 80 – (age at the time of death)] x monthly earnings x 12 = GROSS EARNINGS GE . VALUE OF LOSS SUFFERED • Destruction of things. Loss of earning capacity unless deceased had permanent physical disability not caused by defendant so that deceased had no earning capacity at time of death c. interests. f. e.Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 a. Fright e. In actions for legal support. Contributory negligence b. That the loss would have resulted in any event v. In actions for the recovery of wages of household helpers. j. In case of a clearly unfounded civil action or proceeding against the plaintiff. that the defendant acted upon the advise of counsel iv. d. Physical suffering b. Mental anguish d. Medical & Hospital Bills 2. persons or to incur expenses to protect his interest. the defendant has done his best to lessen the plaintiff's loss or injury DAMAGES RECOVERABLE IN CASE OF DEATH: 1. When the defendant's act or QuickTime™ and a omission has (Uncompressed) decompressor compelledTIFF the plaintiff to litigate with third are needed to see this picture. Plaintiff has contravened the terms of contract ii. laborers and skilled workers. b. Plaintiff derived some benefit as result of contract iii. except: a. h. When exemplary damages are awarded.

Criminal offense resulting in physical injuries b. Some pecuniary loss b. and not for the purpose of indemnifying the plaintiff for any loss suffered by him WHEN IMPOSABLE: Page 249 of 297 . IN WHAT CASES MAY MORAL DAMAGES BE RECOVERED (Enumeration Not Exclusive): a. QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture.Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 i. 32. 3. EXEMPLARY OR CORRECTIVE DAMAGE • • Imposed by way example or correction for the public good. may be vindicated or recognized. ascendants and brother and sisters for acts mentioned in art 309 m. 28. while certain to occur are difficult to predict. Plaintiff has a right b. abduction. Right of plaintiff is violated c. in such cases there is no incompatibility between actual and temperate damages. descendants. diversions or amusements that will serve to alleviate the moral suffering he has undergone. Quasi-delicts causing physical injuries c. the court will decide whether or not they should be adjudicated. Purpose is not to identify but vindicate or recognize right violated NOTE: • The Law presumes damage although actual or compensatory damages are not proven • They are damages in the name only and are allowed simply in recognition of a technical injury based on a violation of a legal right • Nominal damages cannot coexist with actual or compensatory damages 4. Malicious prosecution i. abducted. 26. or abused l. NOMINAL DAMAGES • Adjudicated in order that a right of the plaintiff. Art 2220 . The parents of the female seduced. which has been violated or invaded by the defendant. rape or other acts of lasciviousness d. 30. k. raped. Libel. Acts mentioned in art 309 of the RPC relating to disrespect of the dead and interference with funeral j. TEMPERATE OR MODERATE DAMAGES • More than nominal but less than compensatory where some pecuniary loss has been suffered but its amount can't be proved with certainty due to the nature of the case In cases where the resulting injury might be continuing and possible future complications directly arising from the injury. Illegal or arbitrary detention or arrest f. temperate. Acts and actions referred to in arts 21. j. Loss is incapable of pecuniary estimation cases of willful injury to property or breaches of contract where defendant acted fraudulently or in bad faith • GENERAL RULE: The plaintiff must allege and prove the factual basis for moral damages and its causal relation to the defendant’s act EXCEPTION: Moral damages may be awarded to the victim in criminal proceedings without the need for pleading proof of the basis hereof. to be paid in case of breach thereof MAY BE • WHEN LIQUIDATED DAMAGES EQUITABLY REDUCED: a. in addition to the moral. Adultery and concubinage e. Illegal search g. Seduction. Sentimental value of real or personal property may be considered in adjudicating moral damages The social and economic/financial standing of the offender and the offended party should be taken into consideration in the computation of moral damages Moral damages is awarded only to enable the injured party to obtain means. Must be reasonable 5. by reason of defendant's culpable action and not intended to enrich a complainant at the expense of defendant ELEMENTS: a. slander or other form of defamation h. 34 and 35 k. • REQUISITES: a. LIQUIDATED DAMAGES • Those agreed upon by the parties to a contract. Spouse. 29. Iniquitous or unconscionable b. liquidated to compensatory damages NOTE: Exemplary damages cannot be recovered as a matter of right. 27. Partial or irregular performance 6. temperate damages can and should be awarded on top of actual or compensatory damages.

the plaintiff must show that he would be entitled to moral. before the court may consider the question of granting exemplary in addition to the liquidated damages. WHAT MUST BE PROVED: • While the amount of exemplary damages need not be proved. oppressive. temperate or compensatory damages before the court may consider the question of whether or not exemplary damages should be awarded. Criminal offenses – exemplary damages as a part of the civil liability may be imposed when the crime was committed with one or more aggravating circumstances. QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. nevertheless. Contracts and quasi-contracts – the court may award exemplary damages if the defendant acted in a wanton. temperate or compensatory damages were it not for the stipulation for liquidated damages. Quasi-delicts – exemplary damages may be granted if the defendant acted with gross negligence. Such damages are separate and distinct from fines and shall be paid to the offended party.Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 a. Page 250 of 297 . fraudulent. the plaintiff must show that he is entitled to moral. or malevolent manner. • In case liquidated damages have been agreed upon. b. reckless. c. although no proof of loss is necessary in order that such liquidated damages may be recovered.

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