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Torts Magic Notes for FINALS_revised by A2010 Prof. Casis _S.Y. 2007-
2008
of injuring Worcester, both as a private person and as a same extent and in the same manner as if they had
PRELIMINARY MATTERS: government official as the editorial obviously referred to performed the wrongful act themselves.
*Those in SMALL CAPS (and underlined) were highlighted by Sir him.
Casis during the class. If none are found, just refer to those in Joint tortfeasors are jointly and severally liable for the
bold letters and those in the Notes. Good luck classmates! Worcester alleged that he was likened to “birds of prey” tort which they commit.
–torts magic notes team
in the following manner: “Such are the characteristics of
the man who is at the same time an eagle who Joint tortfeasors are not liable pro rata. The damages
VI. PERSONS LIABLE surprises and devours, a vulture who gorges himself on can not be apportioned among them, except among
A. The Tortfeasor the dead and putrid meats, an owl who affects a themselves. They cannot insist upon an apportionment,
Art. 2176. Whoever by act or omission causes petulant omniscience and a vampire who silently sucks for the purpose of each paying an aliquot part. They
damage to another, there being fault or negligence, the blood of the victim until he leaves it bloodless.” are jointly and severally liable for the full amount.
is obliged to pay for the damage done. Such fault A payment in full of the damage done by one tortfeasor
or negligence, if there is no pre-existing contractual TC: In favor of Worcester; Defendants jointly and satisfies any claim which might exist against the others.
relation between the parties, is called a quasi-delict severally liable for the P60k total damages. The release of one of the joint tortfeasors by agreement
and is governed by the provisions of this Chapter. generally operates to discharge all.
(1902a) ISSUE: WON the defendants’ individual properties can
be made jointly and severally liable for the damages The court however may make findings as to which of
Art. 2181. Whoever pays for the damage caused under the civil and commercial codes, the alleged joint tortfeasors are liable and which are
by his dependents or employees may recover from not, even if they are charged jointly and severally.
the latter what he has paid or delivered in HELD: Yes. TC modified. Damages reduced, Santos
satisfaction of the claim. (1904) absolved. Art. 2184*. In motor vehicle mishaps, the owner is
Art. 2194. The responsibility of two or more solidarily liable with his driver, if the former, who was in
persons who are liable for quasi-delict is solidary. The present action is a tort. the vehicle, could have, by the use of the due diligence,
(n) prevented the misfortune. It is disputably presumed that
Universal doctrine: each joint tortfeasor is not only a driver was negligent, if he had been found guilty or

 CLASS NOTES
individually liable for the tort in which he participates,
but is also jointly liable with his tortfeasors.
reckless driving or violating traffic regulations at least
twice within the next preceding two months.
*this was drafted with Chapman v. Underwood in mind.
 There can be more than one tortfeasor and If several persons commit a tort, the plaintiff or person
they are called JOINT TORTFEASORS
 Are you suppose to sue all of them? NO
because you can get relief from one of
injured, has his election to sue all or some of the parties
jointly, or one of them separately, because the TORT IS IN
ITS NATURE A SEPARATE ACT OF EACH INDIVIDUAL.
 CLASS NOTES
them.  Sir highlighted that “Tort is in its nature a
 Do they have to act in concert? NO It is not necessary that cooperation should be a direct, separate act of each individual” – so no need
corporal act- e.g. assault and battery committed by to sue all of the tortfeasors!
Worcester v. Ocampo various persons, under the common law, they are all
February 27, 1912 principals. Chapman v. Underwood
FACTS: Dean Worcester filed an action to recover March 28, 1914
Under common law, he who aided or counseled, in any FACTS: J.H. Chapman was trying to board a “San
damages resulting from an alleged libelous publication
way, the commission of a crime, was as much a Marcelino” car trough the rear platform when he was
against Martin Ocampo, Teodoro M. Kalaw, Lope K.
principal as he who inflicted or committed the actual struck by Mr. James Underwoord’s automobile, which
Santos, Fidel A. Reyes, Faustino Aguilar, et al, as the
tort. was at that time driven by his chauffer.
owners, directors, writers, editors and administrators of
the daily newspaper “El Renacimiento” (Spanish Underwood’s driver was guilty of negligence
General Rule: Joint tortfeasors are all the persons who because he was passing an oncoming car upon the
version) and “Muling Pagsilang” (tagalong version).
command, instigate, promote, encourage, advise, wrong side when he ran over Chapman. Chapman, was
Worcester alleged that the defendants have been
countenance, cooperate in, aid or abet the commission not obliged for his own protection to observe whether a
maliciously persecuting and attacking him in the
of a tort, or who approve of it after it is done, if done for car was coming upon him from where he was because
newspapers for a long time and they published an
their benefit. They are each liable as principals, to the according to the law, no automobile or other vehicle
editorial entitled “Birds of Prey” with the malicious intent
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Torts Magic Notes for FINALS_revised by A2010 Prof. Casis _S.Y. 2007-
2008
coming from his left should pass upon his side of the Caedo v. Yu Khe Thai Basis of master’s liability in civil law: NOT
car. December 18, 1968 respondeat superior but paterfamilias. The theory is
that ultimately, the negligence of the servant, if known
TC: In favor of Underwood FACTS: Marcial Caedo, with his family, was driving his to the master and susceptible of timely correction by
Mercury car on EDSA. On the opposite direction was him, reflects his own negligence if he fails to correct it in
ISSUE: WON Underwood is responsible for the the Cadillac of Yu Khe Thai, driven by Rafael Bernardo. order to prevent injury or damage.
negligence of his driver. They were both traveling at moderate speeds and the
headlights were mutually noticeable from a distance. Bernardo was a pretty good driver and had no record.
HELD: No. TC affirmed. The interval between unlawful Ahead of the Cadillac was a carretela. Bernardo No negligence for having employed him may be
act and the accident was so small as not to be sufficient testified that he saw the carretela only when it was imputed to Thai. The only negligence that can be
to charge Underwood with the negligence of the driver. already only 8 meters away from him (This is the 1st imputed to Bernardo was when he tried to overtake the
sign of negligence because the carretela was lighted- carretela instead of stopping or waiting-and this cannot
The driver does not fall within the list of persons in Art. hence should’ve given him sufficient warning). But be imputed to Thai because there were no signs for him
1903 (now 2180) for whose acts Underwood would be Bernardo, instead of slowing down or stopping, tried to to be in any special state of alert. He could not have
responsible. overtake the carretela by veering to the left. The car’s anticipated his driver’s sudden decision to pass the
This rule applies even if the owner of the right rear bumper caught the wheel of the carretela and carretela. The time element was such that there was
vehicle was present at the time of the accident, unless collided with the Mercury. no reasonable opportunity for Thai to assess the
THE NEGLIGENT ACTS OF THE DRIVER ARE CONTINUED FOR SUCH A
Caedo in the meantime, slowed down, and risks involved and warn the driver accordingly.
LENGTH OF TIME AS TO GIVE THE OWNER A REASONABLE
thought that the Cadillac would wait behind the
OPPORTUNITY TO OBSERVE AND TO DIRECT HIS DRIVER TO DESIST
carretela. He tried to avoid the collision at the last Test of imputed negligence under 2184: -to a great
THEREFROM. degree, necessarily subjective. Car owners are not held
moment by going farther to the right but was
unsuccessful. to a uniform and inflexible standard of diligence as are
When will the owner be liable?- An owner who sits in professional drivers.
his vehicle, and permits his driver to continue in a TC: Bernardo and Thai jointly and severally liable for
violation of the law by the performance of his negligent damages The law does not require that a person must possess a
acts, after he had A REASONABLE OPPORTUNITY TO OBSERVE certain measure of skill or proficiency either in the
THEM AND TO DIRECT THAT THE DRIVER CEASE THEREFROM, BECOMES mechanic of driving or in the observance of traffic rules
ISSUE: WON Yu Khe Thai, as the owner of the
HIMSELF RESPONSIBLE FOR SUCH ACTS. before they can own a motor vehicle.
Cadillac, is solidarily liable with his driver.
When will the owner be NOT liable?-if the driver by a HELD: No. TC modified. Thai not solidarily liable with Test of negligence within the meaning of 2184: -his
sudden act of negligence, and without the owner having Bernardo. omission to do that which the evidence of his own
reasonable opportunity to prevent the act or its senses tells him he should do in order to avoid the
continuance, injures a person or violates the criminal Art. 2184 applies: In motor vehicle mishaps, the accident.
law, the owner of the vehicle, present therein at the owner is solidarily liable with his driver, if the former,
time the act was committed, is not responsible, etiher who was in the vehicle, could have, by the use of the RULE: negligence must be sought in the immediate
civilly or criminally, therefor. due diligence, prevented the misfortune. It is disputably setting and circumstance of the accident, i.e. in his
presumed that a driver was negligent, if he had been failure to detain the driver form pursuing a course which
The act complained of must be continued in the found guilty or reckless driving or violating traffic not only gave him clear notice of the danger but also
presence of the owner for such a length of time that regulations at least twice within the next preceding two sufficient time to act upon it.
the owner, by his acquiescence, makes his driver’s months.
act his own. Under Art. 2184, if the causative factor was NOTES: Art. 2184 is based on Chapman. Unless the
the driver’s negligence, the owner of the vehicle who owner could’ve prevented the negligence, or he
RULE: Underwood is not liable for his driver’s act even was present is likewise held liable if he could have was negligent in selection and supervision, he
if he was inside the car at the time of the accident prevented the mishap by the exercise of due diligence. cannot be held liable.
(unless he let the negligence continue for a long time –This rule is not new, although formulated as a law for
without correcting it) because the driver is not listed in the first time in the new Civil Code. It was expressed in Art. 2184: owner can be held solidarily
1903 (now 2180) as one of the persons whose acts Chapman v. Underwood. liable with the driver only if the owner is IN the car.
Underwood would be responsible for. Court’s test: 1. senses of owner
2. circumstances
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Torts Magic Notes for FINALS_revised by A2010 Prof. Casis _S.Y. 2007-
2008
Art. 236. Emancipation for any cause shall terminate

 CLASS NOTES  CLASS NOTE


parental authority over the person and property of the
child who shall then be qualified and responsible for all
acts of civil life. (412a)
The standard set in this case is still REASONABLE  In this section, a person is held liable for
OPPORTUNITY. acts not his own but because of the
existence of a relationship. Revised Penal Code
Difference between respondeat superior vs. Title Five-Civil Liability
Presidential Decree No. 603
paterfamilias Chapter One-Person Civilly Liable for Felonies
December 10, 1974
Respondeat superior: acts under orders (1 negligent – Art. 100. Civil liability of a person guilty of felony. —
THE CHILD AND YOUTH WELFARE CODE
the one who gave the orders) Every person criminally liable for a felony is also civilly
Chapter 4-Liabilities Of Parents
Paterfamilias: acts under guidance (2 negligent – both liable.
Art. 58. Torts. - Parents and guardians are
the owner and the driver) responsible for the damage caused by the child Art. 101. Rules regarding civil liability in certain
TEST of imputed negligence: SUBJECTIVE under their parental authority in accordance with cases. — The exemption from criminal liability
*not all owners are learned/professional drivers – that’s the Civil Code. established in subdivisions 1, 2, 3, 5 and 6 of Article 12
why they hire drivers for them! and in subdivision 4 of Article 11 of this Code does not
Family Code
include exemption from civil liability, which shall be
VICARIOUS LIABILITY: found in Article 2180 (but use Art. 218. The school, its administrators and teachers, enforced subject to the following rules:
the term “tortfeasors” instead of “one” or the individual, entity or institution engaged in child
-a tortfeasor would be liable not only for his own acts or are shall have special parental authority and First. In cases of subdivisions 1, 2, and 3 of Article 12,
omissions but also for those of persons for whom he is responsibility over the minor child while under their the civil liability for acts committed by an imbecile or
responsible supervision, instruction or custody. insane person, and by a person under nine years of
age, or by one over nine but under fifteen years of age,
Take note of difference between NCC and FC: Authority and responsibility shall apply to all authorized who has acted without discernment, shall devolve upon
under the NCC: the father, and in cases of his death activities whether inside or outside the premises of the those having such person under their legal authority or
or incapacity, the mother, will be responsible for the school, entity or institution. (349a) control, unless it appears that there was no fault or
damages caused by their minor children who live in negligence on their part.
their company Art. 219. Those given the authority and responsibility
under the preceding Article shall be principally and
solidarily liable for damages caused by the acts or Should there be no person having such insane,
under the FC: parents and other persons exercising imbecile or minor under his authority, legal
parental authority shall be civilly liable for the omissions of the unemancipated minor. The parents,
judicial guardians or the persons exercising substitute guardianship or control, or if such person be insolvent,
injuries and damages caused by the acts or said insane, imbecile, or minor shall respond with their
omissions of their unemancipated children living in parental authority over said minor shall be subsidiarily
liable. own property, excepting property exempt from
their company and under their parental authority execution, in accordance with the civil law.
subject to the appropriate defenses provided by
law. The respective liabilities of those referred to in the
preceding paragraph shall not apply if it is proved that Second. In cases falling within subdivision 4 of Article
 Portions of 2180—modified by FC they exercised the proper diligence required under the 11, the persons for whose benefit the harm has been
 Does RA9344 affect the liability of parents and particular circumstances. prevented shall be civilly liable in proportion to the
guardians? NO benefit which they may have received.
 Basis of liability of parents and minor children: All other cases not covered by this and the preceding
articles shall be governed by the provisions of the Civil The courts shall determine, in sound discretion, the
PARENTAL AUTHORITY
Code on quasi-delicts. (n) proportionate amount for which each one shall be
 How does the FC affect 2180? Is the person below liable.
21 still liable? Art. 221. Parents and other persons exercising parental
 For those above 15 but below 18 who acted with authority shall be civilly liable for the injuries and When the respective shares cannot be equitably
discernment—basis to use is 2180 damages caused by the acts or omissions of their determined, even approximately, or when the liability
unemancipated children living in their company and also attaches to the Government, or to the majority of
under their parental authority subject to the appropriate the inhabitants of the town, and, in all events, whenever
B. Vicarious Liability aka Imputed Negligence defenses provided by law. (2180(2)a and (4)a ) the damages have been caused with the consent of the
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Torts Magic Notes for FINALS_revised by A2010 Prof. Casis _S.Y. 2007-
2008
authorities or their agents, indemnification shall be criminal liability. However, the child shall be subjected Lastly, teachers or heads of establishments of arts and
made in the manner prescribed by special laws or to an intervention program pursuant to Sec. 20 of this trades shall be liable for damages caused by their
regulations. Act. pupils and students or apprentices, so long as they
remain in their custody.
Third. In cases falling within subdivisions 5 and 6 of A child above fifteen (15) but below eighteen (18) years
Article 12, the persons using violence or causing the of age shall likewise be exempt from criminal liability The responsibility treated of in this article shall cease
fears shall be primarily liable and secondarily, or, if and be subjected to an intervention program, unless when the persons herein mentioned prove that they
there be no such persons, those doing the act shall be he/she has acted with discernment, in which case such observed all the diligence of a good father of a family to
liable, saving always to the latter that part of their child will be subjected to the appropriate proceedings in prevent damage. (1903a)
property exempt from execution. accordance with this Act.
Art. 102. Subsidiary civil liability of innkeepers, Art. 2181. Whoever pays for the damage caused by his
tavernkeepers and proprietors of establishments. — The Exemption from criminal liability herein established dependents or employees may recover from the latter
In default of the persons criminally liable, innkeepers, does not include exemption from civil liability, which what he has paid or delivered in satisfaction of the
tavernkeepers, and any other persons or corporations shall be enforced in accordance with existing laws. claim. (1904)
shall be civilly liable for crimes committed in their
Art. 2182. If the minor or insane person causing
establishments, in all cases where a violation of Civil Code damage has no parents or guardian, the minor or
municipal ordinances or some general or special police
Art. 2180. The obligation imposed by Article 2176 is insane person shall be answerable with his own
regulation shall have been committed by them or their
demandable not only for one's own acts or omissions, property in an action against him where a guardian ad
employees.
but also for those of persons for whom one is litem shall be appointed. (n)
Innkeepers are also subsidiarily liable for the restitution responsible.
of goods taken by robbery or theft within their houses
from guests lodging therein, or for the payment of the The father and, in case of his death or incapacity,
the mother, are responsible for the damages
 CLASS NOTE
value thereof, provided that such guests shall have  Basis: parental authority
notified in advance the innkeeper himself, or the person caused by the minor children who live in their  Are the parents still liable for if above 18 but
representing him, of the deposit of such goods within company. below 21? Yes. Legal basis: PD 603
the inn; and shall furthermore have followed the
directions which such innkeeper or his representative Guardians are liable for damages caused by the minors 1. Parents (see table after cases)
may have given them with respect to the care and or incapacitated persons who are under their authority
vigilance over such goods. No liability shall attach in and live in their company. Exconde v. Capuno
case of robbery with violence against or intimidation of June 29, 1957
persons unless committed by the innkeeper's The owners and managers of an establishment or
FACTS: Dante Capuno, 15 years old, a student of the
employees. enterprise are likewise responsible for damages caused
Balintawak Elementary School, was instructed by the
by their employees in the service of the branches in
city school’s supervisor to attend a parade in honor of
Art. 103. Subsidiary civil liability of other persons. which the latter are employed or on the occasion of
Rizal in San Pablo City. From the school, the students
— The subsidiary liability established in the next their functions.
boarded a jeep, and when it started to run, Dante took
preceding article shall also apply to employers,
hold of the wheel, while the driver sat on his left side
teachers, persons, and corporations engaged in any Employers shall be liable for the damages caused by
(remember that the steering wheel is at the LEFT side).
kind of industry for felonies committed by their servants, their employees and household helpers acting within
The jeep turned turtle and 2 passengers died.
pupils, workmen, apprentices, or employees in the the scope of their assigned tasks, even though the
discharge of their duties. former are not engaged in any business or industry. Delfin Capuno, the father, was not with Dante at the
time of the accident, nor did he know that Dante was
The State is responsible in like manner when it acts going to attend a parade. He only found out after the
RA 9344
through a special agent; but not when the damage has accident when Dante told him about it.
Juvenile Justice and Welfare Act of 2006 been caused by the official to whom the task done
April 23, 2006 Criminal case:
properly pertains, in which case what is provided in TC: Dante was convicted for Double homicide
Sec. 6. Minimum Age of Criminal responsibility- A Article 2176 shall be applicable. through reckless imprudence.
child fifteen (15) years of age or under at the time of the
CA: affirmed
commission of the offense shall be exempt from
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Torts Magic Notes for FINALS_revised by A2010 Prof. Casis _S.Y. 2007-
2008
Civil case: against Delfin and Dante Capuno 2. Delfin, as the father IS liable. He failed to prove that 1. Art. 1903 interpretation too limited. Teacher, master,
(reserved by Sabina Exconde, mother of one of the he exercised all the diligence of a good father of the or in the absence of, school authorities should be liable
deceased): family to prevent the damage. for the negligence.
TC: Convicted ONLY Dante to pay the damages. The civil liability which the law impose upon the 2. Once the parent entrusts custody to the school
CA: certified to SC father, or the mother as the case may be is a necessary authorities, presumption is rebutted and burden of proof
consequence of the parental authority they exercise is shifted to claimant to show actual negligence on the
ISSUE: WON Delfin Capuno can be held civilly over them. This parental authority imposes upon the part of the parent in order to render him liable.
liable, jointly and severally with his son for parents the duty to support and instruct them in
damages. proportion to their means and gives them the right to NOTES: This case is cited as basis of liability arising
correct and punish them in moderation. from parental authority.
HELD: Yes. TC Modified. Delfin and Dante are jointly
and severally liable for the damages. How to avoid liability: prove that they exercised all Salen and Salbanera v. Balce
1 the diligence of a good father of a family to prevent the April 27, 1960.
Art. 1903 applies: “The obligation imposed by the
damage,
next preceding articles is enforceable not only for
personal acts and omissions, but also for those persons FACTS: Carlos Salen (single) died due to wounds
DISSENT: Reyes caused by Gumersindo Balce, 18, single and living with
for whom another is responsible.
He wants TC affirmed (relieving Delfin of liability): There Jose Balce, his father. Gumersindo was convicted of
is no sound reason for limiting Art. 1903 to teachers of homicide and was sentenced to imprisonment and to
The father, and, in case of his death or incapacity, the
arts and trades and not to academic institutions. pay Carlos’ heirs indemnity. But Gumersindo was
mother, are liable for any damages caused by the
The phrase “teachers or heads of establishments of insolvent, hence Severino Salen and Elena Salbanera
minor children who live with them.
arts and trades” does not qualify “teachers” but only (Salens), the parents (and heirs) of Carlos, demanded
Xxx
“heads of establishments.” from Jose to pay but he refused. Hence the suit.
Finally, teachers or directors of arts and trades are
liable for any damages caused by their pupils or
If the basis of presumption of negligence in Art. 1903 is TC: dismissed. Sustained Jose’s theory that the civil
apprentices while they are under their custody.
some culpa in vigilando that the parents, teachers, etc. liability of Gumersindo arises from his criminal liability
are supposed to have incurred in the exercise of their and therefore must be determined under the RPC, and
1. School is NOT liable
authority, hence, when the parent places the child not under Art. 2180 of the Civil Code, which only
Art. 1903 (now 2180) about teachers applies only to
under the effective authority of the teacher, the teacher, applies to obligations arising form QDs.
institutions of arts and trades and not to any academic
and not the parent should be the one answerable for There is no law which holds the father either
educational institution. Balintawak Elementary School
the torts committed while under his custody. primarily or subsidiarily liable for the civil liability
is an academic institution, hence neither the teacher
Why? for the very reason that the parent is not incurred by the son who is a minor of 18 years.
nor the head can be held liable.
supposed to interfere with the discipline of the school
nor with the authority and supervision of the teacher ISSUE: WON Jose Balce can be held SUBSIDIARILY
Even if Dante was on the jeep pursuant to the city
while the child is under instruction. If there is no liable to pay the indemnity his son was sentenced to
school’ supervisor’s instruction, neither the head of the
authority, there can be no responsibility. pay in the criminal case against him (the son).
school nor the city school’s supervisor could be held
liable because Dante was not a student of an institution
Hence, Delfin should not be made liable for a tort that HELD: Yes. Jose Balce is ordered to pay the
of arts and trades.
he was in no way able to prevent, and which he had indemnity. TC reversed.
every right to assume the school authorities would.
He rebutted the presumption of negligence As a rule, the civil liability arising form a crime shall
under 1903 when he proved that he entrusted custody be governed by the RPC. But since the RPC is silent
12180 now: The obligation imposed by Article 2176 is demandable not only for one's own acts or
of Dante to the school authorities. as to the subsidiary liability of parents for a minor over
omissions, but also for those of persons for whom one is responsible.
15, who acts with discernment, resort should be made
RULES: to the general law which is the Civil Code. And Art.
The father and, in case of his death or incapacity, the mother, are responsible for the damages Majority: 2180 is the law that applies.
caused by the minor children who live in their company. Liability of teachers or directors are limited to
Xxx institutions of arts and trades. To hold that Art. 2180 applies only to QDs will result in
Lastly, teachers or heads of establishments of arts and trades shall be liable for damages an absurdity that while for an act where mere
caused by their pupils and students or apprentices, so long as they remain in their custody. Dissent: negligence intervenes, the father or mother may be
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Torts Magic Notes for FINALS_revised by A2010 Prof. Casis _S.Y. 2007-
2008
held subsidiarily liable, no liability would attach if the Salen and Salbarena v. Balce- (where father was
damage is caused with criminal intent. The void that made to pay the indemnity his 18 year old son was
apparently exists in the RPC is subserved by 2180 of Criminal case: sentenced to pay because his son was insolvent) Since
the Civil Code as may be gleaned from some recent SC TC: Rico guilty. Civil liability to be determined in the the RPC is silent as to the subsidiary liability of a minor
decisions: civil case over 9 but under 15 who acted with discernment, resort
Exconde v. Capuno-where the father was held should be made to the general law which is the Civil
solidarily liable for the crime his son committed. Civil case: Code, specifically 2180.
TC: Agapito liable under 2180 for medicine, MD, ED
Araneta v. Arreglado-(where Arreglado fired at and atty’s fees. 3. CA decided the case based on the evidence
Araneta because he resented the remarks Araneta CA: Reduced MD submitted by both parties, independently of the criminal
made about his leaving Ateneo and enrolling in La case. Responsibility for fault or negligence under 2176
Salle. The court convicted Arreglado but suspended his ISSUE: WON Agapito Fuellas, Rico’s father is liable for (upon which this action is instituted) is entirely separate
sentence because he was only 14.) The court held the damages. and distinct from the civil liability arising from fault or
father, the mother and the son to pay the Aranetas negligence under the RPC, hence, any discussion of
damages. HELD: Yes. Agapito is liable for damages. CA affirmed Rico’s criminal intent is of no moment.
1. Agapito contends that he cannot be liable under

 CLASS NOTE
2180 in connection with 2176 there being no “fault or
negligence” but deliberate intent to cause injury.  CLASS NOTES

 In this case, the liability of father was  In this case, parental liability was primary.
SC: Jurisprudence proves him wrong.
deemed to be subsidiary. Araneta v. Arreglado-(the Arreglados-father,
mother and son were held liable for damages) civil
Fuellas v. Cadano law liability under 2180 is not respondeat superior
October 31, 1961 but pater familias, which bases the liability of the
father ultimately on his own negligence and not on that
FACTS: Pepito Cadano and Rico Fuellas, both 13, of his minor son, and that if an injury is caused by the
were classmates at St. Mary’s High School. While fault or negligence of his minor son, the law presumes Gutierrez v. Gutierrez
Pepito was studying, Rico took a classmate’s pencil that there was negligence on the part of his father. September 23, 1931
and put it in Pepito’s pocket. When the classmate
asked Rico for the pencil, it was Pepito who returned it. Exconde v. Capuno-(the father was held solidarily Note: The injured and the accused have the same surname.
This angered Rico, thus he held Pepito by the neck and liable with his son for damages) The civil liability of the
pushed him to the floor. A teacher broke up the fight father is a necessary consequence of the parental FACTS: The car, owned by Mr. and Mrs. Gutierrez and
and sent them home. authority he exercises. Only defense is proof of driven by Bonifacio Gutierrez, 18 years old, with his
diligence of a good father of the family to prevent the mother and 7 other members of the family,
Pepito has just gone down from the school damage. EXCLUDING Mr. Gutierrez, the father, collided with a
house when he was met by a still angry Rico. A passenger truck while attempting to pass each other.
classmate asked them to shake hands but instead of Manresa: Children and wards do not have the capacity As a result, Narciso Gutierrez, a passenger, suffered a
shaking Pepito’s extended hand, Rico held him by the to govern themselves so parents and guardians have fractured leg.
neck, put him off-balance which caused Pepito to land the duty to exercise special vigilance. If they fail to
on his right side, breaking his arm. Rico just got up and comply with this duty, they should suffer the ISSUES: 1. WON Manuel Gutierrez, the father is liable
ran away. consequences of their abandonment or negligence by for damages (yes)
Up to the last day of the hearing of the case, repairing the damage caused. 2. WON the truck owner and driver are liable
Pepito’s forearm was seen to be shorter than his left for damages. (yes)
and cannot be fully used. 2. Agapito claims that he could only be liable if the
2 separate actions were instituted: action was based on the subsidiary liability of the HELD: Manuel Gutierrez, the owner and the driver of
1. Criminal case against Rico for Serious parents under the RPC. And since Rico acted with the truck are jointly and severally liable for damages.
Physical Injuries discernment, the provisions do not cover the case.
2. Civil case for damages against Agapito SC: Case law is against him again. 1. Anent Manuel Gutierrez’s liability:
Fuellas, Rico’s father.
7
Torts Magic Notes for FINALS_revised by A2010 Prof. Casis _S.Y. 2007-
2008
The guaranty given by the father at the time the son 1st CA: affirmed in toto September 18, 1992
was granted a license to operate motor vehicles made
the father responsible for the acts of his son. 2nd CA: reduced unearned earnings award FACTS: Julie and Wendell were sweethearts for 2
years when Julie broke it off due to Wendell’s sadistic
Bonifacio was an incompetent driver, was speeding The dela Rosas failed to pay because they had no and irresponsible nature. A month after their break-up,
and lost his head when he approached the bridge and cash. The writ of execution yielded only a nominal Julie and Wendell died each from a single gunshot
the truck. amount. wound traced to the gun licensed in the name of
Present status of Luis: married with 2 kids, living with Cresencio Libi, the father of Wendell. There were 2
Based on these facts, and pursuant to 1903 (now uncle in Madrid, earnings hardly enough to support his versions of the story:
2180) the father alone, and not the minor or the family, has no assets of his own. Libis: another man shot the 2
mother, would be held liable for the damages caused Gotiong: Wendell shot Julie and then
by the minor. ISSUE: Whether the father, Jose, should be made committed suicide.
In the US, it is uniformly held that the head of a house, primarily or subsidiarily liable for the liability of his son
the owner of an automobile, who maintains it for Luis. The Gotiongs (julie’s parents) fiuled for damages
general use of his family is liable for its negligent against the Livis under Art. 2180.
operation by one of his children, whom he designates HELD: Primary liability. Jose is liable for his son’s
or permits to run it, where the car is occupied and being liability. 2nd CA set aside. 1st CA reinstated with the TC: dismissed for insufficiency of evidence
used at the time of the injury for the pleasure of other modification that the atty’s fees will earn interest.
members of the owner’s family than the child driving it. IAC: Set aside TC and found the Libis subsidiarily
The theory of this law is that running of the machine Dela Rosas invoke Elcano v. Hill to support their calim liable.
by the child to carry the other members of the family is for subsidiary liability only. In Elcano, it was held that
within the scope of the owner’s business, so that he is Art. 2180 applied to Atty. Hill despite the emancipation ISSUE: WON Art. 2180 was correctly applied to hold
liable for the negligence of the child because of the by marriage of his son, but since his son attained age, the Libis liable.
relationship of master and servant. as a matter of equity, Atty. Hill’s liability had become
merely subsidiary to that of his son. HELD: Yes. Libis are primarily liable CA affirmed.
2. Anent the owner’s and driver’s liability:
Basis: contract. The position of the truck, the speed and SC: Unwilling to apply equity instead of strict law in this The Libis were grossly negligent from preventing
lack of care employed by the driver make them both case because it will not serve the ends of justice. Luis Wendell from having access to the key to the safety
liable. is abroad and beyond the reach of Philippine courts. deposit box where the gun was stored. Diligence
Plus, he does not have nay property and his earnings required is that of instruction and supervision of the
Question: Under 1903, only if the father is dead, are insufficient to support his family. kid.
incapacitated or absent will the mother be held liable. If
this case were decided now, with the FC, what would Other issues: BUT, liability is not subsidiary, it is PRIMARY
be the effect? 1. CA’s reduction of life expectancy: SC said go-kart
not dangerous. Rule on parent’s liability is correct but characterization
of their nature must be given a second look (coz SC
Rodriguez-Luna v. IAC 2. CA’s reduction of net annual income of Roberto due held in some cases that the liability of parents is
February 28, 1985 to increasing annual personal expenses: SC said if subsidiary).
personal expenses increase, it would not be If the liability of the parents for crimes or QDs
FACTS: Roberto Luna, driving a go-kart and Luis dela unreasonable to suppose that his gross income would of their minor children is subsidiary, then they can
Rosa, driving a Toyota collided in the go-kart practice also increase. neither invoke nor be absolved of civil liability on the
area in Greenhills. Roberto died. At that time, Luis was defense that they acted with the diligence of a good
only 13 and had no driver’s license. The heirs of 3. SC granted award of atty’s fees plus interest from father of a family to prevent damages.
Roberto (will be referred to as the Lunas) sued for date of TC’s decision. But if the liability is direct and primary, the
damages. diligence would constitute a valid and substantial
NOTES: technically, the son should pay because he is defense.
TC: Jose dela Rosa (father) and Luis dela Rosa are of age already
jointly and severally liable.
Libi v. IAC
8
Torts Magic Notes for FINALS_revised by A2010 Prof. Casis _S.Y. 2007-
2008
Hence, the liability of parents for QDs of their minor BUT, under the Family Code, this civil liability liability on the ground that he had acted
kids as contemplated in 2180 is PRIMARY and not is now, without such alternative qualification, the without discernment.
subsidiary. responsibility of the parents and those who exercise 2. civil complaint against the Bundocs,
parental authority over the minor offender. the natural parents of Adelberto.
In fact, applying 2194 (solidary liability of join
tortfeasors) the parent is also solidarily liable with the 3. For civil liability arising from QDs committed by The Bundocs claimed that the Rapisuras should be
child. minors: same rules in accordance with 2180 and 2182, held liable instead, that they are indispensable parties
as so modified. because parental authority had already shifter to them
The liability of parents for felonies is likewise the moment the successful petition for adoption was
PRIMARY & not subsidiary. Art. 101, RPC says so. NOTES: This case cleared up the issue on whether filed.
For both QDs and crimes, the parents primarily respond the parent’s liability is primary or subsidiary.
for such damages is buttressed by the corresponding TC: dismissed the complaint. The Bundocs are not
provisions in both the RPC and CC that the minor
transgressor shall be answerable or shall respond with
his own property only in the absence or in case of the
 CLASS NOTES
indispensable parties to the action.

CA: dismissed petition. Tamargos lost their right to


 What is the basis of the doctrine that liability of
insolvency of the parents. Arts. 21822, CC and 1013, parents is primary and not solidary? Why? appeal.
RPC support this. o 2 legal bases: 101 RPC and 2182 CC
ISSUE: Who are the indispensable parties? The
 Why?-provisions provide for such defense—
RULES: Bundocs or the Rapisuras?
liability of parents is primary
1. For civil liability from crimes committed by
minors under the legal authority or control or who  According to the Court, the reliance on Fuellas HELD: The natural parents, the Bundocs, are the
live in the company of the parents: PRIMARY v. Cadano was NOT correct because the indispensable parties. CA reversed and set aside,
-Premised on Art. 101, RPC with respect to liability in fuellas was PRIMARY (syllabus can complaint reinstated and case remanded.
damages ex delicto by kids 9 or under, or 9-15 but be wrong kasi)
without discernment  Why primary liability? 1. law provides a When Adelberto shot Jennifer, parental authority was
-Premised on Art. 2180, CC for kids 9-15 with defense; 2. property of minor only liable when still lodged in the Bundocs, his natural parents. Hence,
discernment, or 15-21 (now 18) parents are insolvent they who had actual custody of Adelberto, are the
indispensable parties to the suit for damages.
2. Liability effected against father or mother? BOTH
PARENTS AND THOSE WHO EXERCISE Ratio:
PARENTAL AUTHORITY OVER THE MINOR. The act of Adelberto gave rise to a cause of action on
Under 2180, the liability shall be effected QD, under 2176 against him. On the other hand, the
against the father, and in case of his death or law imposes civil liability upon the father and, in case of
incapacity the mother-which rule was amplified by the Tamargo v. CA his death or incapacity, the mother, for any damages
Youth and Welfare Code. June 3, 1992 that may be caused by a minor child who lives with
them.
FACTS: Adelberto Bundoc, 10 years old, shot Jennifer
Tamargo with an air rifle, causing injuries which The principle of parental liability is a species of what is
2 Art. 2182. If the minor or insane person causing damage has no parents or guardian, the minor
resulted in her death. Adelberto’s natural parents for frequently designated as vicarious liability, or the
or insane person shall be answerable with his own property in an action against him where a
damages. Adelberto was living with his natural parents doctrine of “imputed negligence,” where a person is
guardian ad litem shall be appointed. (n)
at the time of the accident but a petition for his adoption not only liable for the torts committed by himself, but
has already been filed by the Rapisura spouses. This also for torts committed by others with whom he has a
3 Art. 101. Rules regarding civil liability in certain cases. petition was granted after the shooting of Jennifer. certain relationship and for whom he is responsible.
xxx
Should there be no person having such insane, imbecile or minor under his authority, legal The Tamargos filed: Thus, parental liability is made a natural or logical
guardianship or control, or if such person be insolvent, said insane, imbecile, or minor shall 1. criminal complaint for homicide consequence of the duties and responsibilities of
respond with their own property, excepting property exempt from execution, in accordance with through reckless imprudence but Adelberto parents—their parental authority—which includes the
the civil law. was acquitted and exempted from criminal instructing, controlling and disciplining of the child.
9
Torts Magic Notes for FINALS_revised by A2010 Prof. Casis _S.Y. 2007-
2008
The basis for the doctrine of vicarious liability was as mentioned
explained in Cangco v. Manila Raildroad: Retroactive effect may perhaps be given where such is under Libi vs.
With respect to extra contractual obligations essential to permit the accrual of some benefit or IAC
arising from negligence, whether of act or omission, the advantage in favor of the child. Guitierrez Civil action SC: The A2180,
vs. vs. Manuel father, bus common law,
legislature has elected to limit such liability to cases in
Guitierrez Guitierrez driver and master and
which the person upon whom such an obligation is Here, no presumption of parental dereliction on the (bus (the father) owner jointly servant (not
imposed is morally culpable, or on the contrary, for Rapisuras could have arisen since Adelberto was not in collision, only (+ bus and severally paterfamilias) –
reasons of public policy, to extend that liability, without fact subject to their control at the time the tort was family driver and liable ma not liable
regard to the lack of moral culpability, so as to include committed. except pa owner) even if present
responsibility for the negligence of those persons in the car during time of
whose acts or omissions are imputable, by legal fiction, RULE: Parents must have actual or physical custody driven by incident
to others who are in a position to exercise an absolute over the minor to be held liable. minor)
Rodriguez- Civil action SC: Pa made A2180, strict
or limited control over them.
Luna vs. vs. pa and primarily law
The legislature which adopted our civil code NOTES: Only benefits retroact to the time of filing of IAC son liable for the -don’t apply
elected to limit extra contractual liability—with certain the petition for adoption, not parental authority (go-cart vs. injury caused Elcano v. Hill
well-defined exceptions—to cases in which moral Parental Authority: Control and supervision Toyota) by son (son where court
culpabilityu can be directly imputed to the persons to over children. Hence, no PA, no parental liability. already of allowed only
be charged. This moral responsibility may consist in age, said to subsidiary
having failed to exercise due care in one’s own acts, or Case Action Who held Basis for be insolvent liability because
in having failed to exercise due care in the selection for… liable liability but in it will not serve
Exconde Civil action TC: only son A1903 (now Madrid!) ends of justice
and control of one’s own agents or servants, or in the
vs. for liable 2180): FATHER Libi vs. Civil action SC: Libis are Art 221, FC; Art
control of persons who, by reasons of their status,
Capuno damages SC: Pa and liable for acts of IAC vs. parents primarily and 2180, NCC; Art
occupy a position of dependency with respect to (BSP asked (father and son jointly MINOR SON (Suicide or directly liable 101, RPC
the person liable for their conduct. by school son and severally -civil liability is a homicide?) Why primarily
head to go impleaded) liable necessary liable:
Basis of civil liability imposed on parents for torts to the -not the consequence of 1. If liability of
of their minor kids living with them: PARENTAL parade) school parental the parents for
AUTHORITY vested by the civil code. because not authority they crimes or QDs
a school of exercise over of their minor
arts and their MINOR children is
In other words, parental liability is anchored upon
trades children subsidiary, then
parental authority coupled with presumed parental Salen and Criminal SC: Father A101 RPC they can neither
dereliction in the discharge of the duties Salbanera case with liable incomplete so invoke nor be
accompanying such authority. Parental dereliction is vs. Balce civil liability subsidiarily resort to A2180 absolved of civil
only a PRESUMPTION which can be overturned under (son above arising -child above of NCC (apply liability on the
2180 by proof of all the diligence of a good father of a 15 but from it 15, below 18 Exclusio Unus, defense that
family to prevent the damage. below 18 Exclucio they acted with
killed 18 yr Ulterus) – the diligence of
old) MINOR son a good father of
The basis of parental liability for the torts of a minor
LIVING in their a family to
child is the relationship existing between the parents company prevent
and the minor child living with them and over whom, the Fuellas vs. Criminal SC: Pa liable A2176 an damages.
law presumes, the parents exercise supervision and Cadano action vs. A2180 (not 2. The liability of
control. (stole Rico for based on RPC) parents for
Art 58 of the Child and Youth Welfare Code: pencil and Serious -even if son felonies is
responsibility for child under parental authority had the Physical caused injuries likewise Primary
Art. 221, FC: child (tortfeasor) must be in the nerve to be Injuries with deliberate and not
mad by Civil action intent (and not subsidiary under
actual custody of the parents sought to be held liable
breaking vs Agapito merely A101 of RPC:
classmate’s (the father) negligence) minor only liable
Anent the retroactivity of parental authority to the arm!) only -note: not if parents are
time of filing of the petition for adoption: subsidiary liable insolvent (A101
10
Torts Magic Notes for FINALS_revised by A2010 Prof. Casis _S.Y. 2007-
2008
par3) Art. 217. In case of foundlings, abandoned neglected or observed all the diligence of a good father of a family to
Tamargo Criminal SC: Bundocs Art. 2176, abused children and other children similarly situated, prevent damage. (1903a)
vs. CA complaint (natural parental parental authority shall be entrusted in summary judicial
(adopted Civil parents) are authority Art. 2181. Whoever pays for the damage caused by his
child still complaint indispensable coupled with
proceedings to heads of children's homes, orphanages
and similar institutions duly accredited by the proper dependents or employees may recover from the latter
with vs. Natural parties presumed
government agency. (314a) what he has paid or delivered in satisfaction of the
parents at parents of -the adopting parental
time of child parents had dereliction in claim. (1904)
incident) no actual the discharge
custody yet of duties
accompanying
such authority,
 CLASS NOTE 3. Teachers and Heads of Institutions
Family Code
What is a foundling? A baby deserted by unknown
doctrine of Art. 218. The school, its administrators and teachers, or
parents. (e.g. those left at the doorstep)
vicarious
the individual, entity or institution engaged in child are
liability as
explained in Art. 2180. The obligation imposed by Article 2176 is shall have special parental authority and responsibility
CANGCO VS. demandable not only for one's own acts or omissions, over the minor child while under their supervision,
MANILA RAILROAD but also for those of persons for whom one is instruction or custody.
*IMPORTANT: responsible.
PARENTS MUST Authority and responsibility shall apply to all authorized
HAVE ACTUAL OR activities whether inside or outside the premises of the
The father and, in case of his death or incapacity, the
PHYSICAL CUSTODY school, entity or institution. (349a)
OVER THE MINOR TO
mother, are responsible for the damages caused by the
minor children who live in their company.
BE HELD LIABLE
Art. 219. Those given the authority and responsibility
under the preceding Article shall be principally and
2. Guardians Guardians are liable for damages caused by the
solidarily liable for damages caused by the acts or
minors or incapacitated persons who are under
Family Code omissions of the unemancipated minor. The parents,
their authority and live in their company.
Art. 216. In default of parents or a judicially appointed judicial guardians or the persons exercising substitute
guardian, the following person shall exercise substitute parental authority over said minor shall be subsidiarily
The owners and managers of an establishment or
parental authority over the child in the order indicated: liable.
enterprise are likewise responsible for damages caused
(1)The surviving grandparent, as provided in Art. 2144; by their employees in the service of the branches in
The respective liabilities of those referred to in the
which the latter are employed or on the occasion of
(2) The oldest brother or sister, over twenty-one years preceding paragraph shall not apply if it is proved that
their functions.
of age, unless unfit or disqualified; and they exercised the proper diligence required under the
Employers shall be liable for the damages caused by
particular circumstances.
their employees and household helpers acting within
(3) The child's actual custodian, over twenty-one years the scope of their assigned tasks, even though the
of age, unless unfit or disqualified. All other cases not covered by this and the preceding
former are not engaged in any business or industry.
articles shall be governed by the provisions of the Civil
The State is responsible in like manner when it acts
Whenever the appointment or a judicial guardian over Code on quasi-delicts. (n)
through a special agent; but not when the damage has
the property of the child becomes necessary, the same Art. 2180. The obligation imposed by Article 2176 is
been caused by the official to whom the task done
order of preference shall be observed. (349a, 351a, demandable not only for one's own acts or omissions,
properly pertains, in which case what is provided in
354a) but also for those of persons for whom one is
Article 2176 shall be applicable.
responsible.
Lastly, teachers or heads of establishments of arts and
The father and, in case of his death or incapacity, the
trades shall be liable for damages caused by their
mother, are responsible for the damages caused by the
pupils and students or apprentices, so long as they
4 Art. 214. In case of death, absence or unsuitability of the parents, substitute parental authority minor children who live in their company.
remain in their custody.
shall be exercised by the surviving grandparent. In case several survive, the one designated by
Guardians are liable for damages caused by the minors
the court, taking into account the same consideration mentioned in the preceding article, shall The responsibility treated of in this article shall cease
or incapacitated persons who are under their authority
exercise the authority. (355a) when the persons herein mentioned prove that they
and live in their company.
11
Torts Magic Notes for FINALS_revised by A2010 Prof. Casis _S.Y. 2007-
2008
1. no criminal action for physical injuries
The owners and managers of an establishment or ISSUE: WON the teacher or head of the school should has been presented
enterprise are likewise responsible for damages caused be held responsible (instead of the father) since the 2. even if this is a QD within the meaning of Art. -
by their employees in the service of the branches in fight happened during recess time in school (Lourdes Art. 2219, par 26, the facts show that Augusto’s act was
which the latter are employed or on the occasion of Catholic School). occasioned by the fact that Manuel Jr. tired to intervene
their functions. or interfere with Augusto’s attempt to recover his pitogo.
HELD: No. The pupils were not in the “custody” of the Hence, the proximate cause of Manuel Jr’s injury is his
Employers shall be liable for the damages caused by school. CA Reversed as to MD but affirmed the award own fault or negligence for having interfered.
their employees and household helpers acting within of medical expenses.
the scope of their assigned tasks, even though the Hence, no MD coz the cases in Art. 2219 were not
former are not engaged in any business or industry. This was answered in Exconde v. Capuno through shown to exist.
Justice Bautista: “we find merit in this claim. It is true
The State is responsible in like manner when it acts that under the law, teachers or directors of arts and RULE:
through a special agent; but not when the damage has trades are liable for any damage caused by their pupils 1.
exconde v. capuno doctrine7: academic
been caused by the official to whom the task done or apprentices while they are under their custody. But institutions not included in Art. 2180
properly pertains, in which case what is provided in this provision only applies to an institution of arts 2. exconde v. capuno doctrine: responsibility
Article 2176 shall be applicable. and trades and not to any academic educational passes from parents to teachers or heads of ONLY
institution.” institutions of arts and trades
Lastly, teachers or heads of establishments of arts 3. Lourdes is not liable because they don’t
and trades shall be liable for damages caused by Custody (memorize!): “SO LONG AS THEY REMAIN IN THEIR retain custody (custody=living with the
their pupils and students or apprentices, so long as CUSTODY”- CONTEMPLATES A SITUATION WHERE THE PUPIL LIVES AND
teachers or heads) of their pupils.
they remain in their custody. BOARDS WITH THE TEACHER, SUCH THAT THE CONTROL DIRECTION
4. Ciriaco Mercado is not responsible even under
AND INFLUENCE ON THE PUPIL SUPERSEDES THOSE OF THE PARENTS .
Art. 2180 par. 2-probably because Manuel Jr. did
The responsibility treated of in this article shall cease In these circumstances the control or the influence over not die nor was he incapacitated.
when the persons herein mentioned prove that they the conduct and actions of the pupil would pass from 5. No moral damages because cases in Art.
observed all the diligence of a good father of a family to the father and mother to the teacher; and so would the 2219 were not shown to exist.
prevent damage. (1903a) responsibility for the torts of the pupil. 6. Augusto was only 9 and was not shown to act
with discernment
Such a situation does not appear in the case at bar. 7. Even if there was a QD on Augusto’s part, the
Mercado v. CA, et al The pupils go to school during school hours and go proximate cause of the injury was Manuel Jr’s own
May 30, 1960 back home to their parents after. act of interference.
The situated contemplated in the last par. of art. DOCTRINE: what Art. 2180 means by “custody”
FACTS: Augusto, 9 years old, lent his pitogo to 2180 (I think he meant 2nd to the last par) does not
Benedicto who lent it to Renato. When Augusto tried to apply, nor does par 25 which makes the father or
retrieve his pitogo, Manuel Jr, thinking it was mother responsible for the damages caused by
Palisoc v. Brillantes
Benedicto’s, interfered and told Augusto not to get it their minor children. October 4, 1971
from Renato as Renato was better at putting the chain
into the holes of the pitogo. Augusto resented this Hence, the claim of Mercado that responsibility FACTS: Dominador Palisoc, 16 years old and Virgilio
remark and aggressively poushed him. A fight ensued should pass to the school, must be held to be Daffon, of age, were classmates at the Manila
and Augusto wounded Manuel Jr. on the right cheek without merit. Technical Institute. During recess, while working on a
with a piece of razor. machine, Daffon made a remark that Palisoc was like a
Anent the MD: foreman because he was merely watching them. Irked,
The doctor who testified did not declare the amount he Only possible circumstance in which MD may be Palisoc bitch-slapped Daffon. In retaliation, Daffon gave
collected as fees and Manuel Jr. was not hospitalized. granted is if a felony or QD has been committed.
6Art. 2219. Moral damages may be recovered in the following and analogous cases:
TC: dismissed the complaint filed by Manuel Jr. and (2) Quasi-delicts causing physical injuries;
his father 5 The father and, in case of his death or incapacity, the mother, are responsible for the damages
CA: Ordered Ciriaco Mercado (the father) to pay for the caused by the minor children who live in their company. 7 Although later cases say this is a mere obiter because the issue was won the father had civil
medical expenses and MD, but no MD for the parents. liability
12
Torts Magic Notes for FINALS_revised by A2010 Prof. Casis _S.Y. 2007-
2008
Palisoc a strong flat blow on the face, followed by fist OVER THE PUPILS AND STUDENTS FOR AS LONG AS THEY ARE AT Dissent: Makalintal
blows on the stomach. Palisoc tried to retreat, but ATTENDANCE IN THE SCHOOL, INCLUDING RECESS TIME. Wants Mercado sustained. It’s unfair to hold teachers
Daffon followed him. They exchanged fist blows until (MEMORIZE) and/or administrative heads responsible for tortuous
Palsioc stumbled on an engine block which caused him acts of their students considering the high number of
to fall face downward. He fainted and never regained NOTHING IN THE LAW REQUIRES THAT FOR SUCH LIABILITY TO enrollment. It would demand responsibility without the
consciousness. The autopsy report said he died of ATTACH, THE PUPIL-TORTFEASOR MUST LIVE AND BOARD IN THE commensurate authority.
broken ribs and hemorrhage on the brain caused SCHOOL. Moreover, since the responsibility stems from loco
“probably by strong fist blows.” parentis, then it follows that
2. Rationale of the liability 1. custody= live in company (like for parents
TC: Daffon liable for QD under 2176. The rationale of the liability of school heads and and guardians) and
Absolved the following because 2180 is not teachers is that they stand to a certain extent, as to 2. responsibility limited to minors only (like for
applicable: It applied Mercado v. CA’s definition of their pupils and students, in loco parentis, and are parents and guardians)
“custody” called upon to “exercise reasonable supervision over
1. Brillantes-member of the board of directors of MTI the conduct of the child.” Concurring: Reyes
2. Valenton, president of MTI Concurs with majority but dissents with the dissent.
3. Quibulue, instructor of the class. 3. Governing Principle in law of torts Makalintal’s interpretation not in accord with the law.
In the law of torts, the governing principle is that the 1. Only the guardians and parents are exempt
ISSUE: WON the other defendants (board member, protective custody of the school heads and teachers is once the child reaches majority
president and instructor) should be held solidarily liable mandatorily substituted for that of the parents, and 2. The authority and custodial supervision (of the
with Daffon hence it becomes their obligation as well as that of the teachers and heads) over the pupil exists
school itself to provide proper supervision of the regardless of the pupil’s age.
HELD: Yes. TC Modified. Daffon, Valenton and students’ activities during the whole time that they are
Quibulue are solidarily liable for damages. at attendance in the school, including recess time, as RULE:
well as to take the necessary precautions to protect the 1. Mercado doctrine abandoned/overturned
Under 2180, the president and instructor are
students in their custody from dangers and hazards that
liable solidarily for damages. 2. Wants to overturn Exconde (to include academic
would reasonably be anticipated, including injuries that
Brillantes is not liable because he is a mere institutions in the scope of 2180) but has no chance
some students themselves may inflict willfully or
member of the board (he could have been liable if not because MTI is anon-academic institution.
through negligence on their fellow students.
for the incorporation of the school, making a corporation
3. Definition of “custody”= the protective and
the owner of the school and not him anymore).
4. Mercado overturned. Reyes’ dissent rules! supervisory custody that the school and its heads and
The school cannot be held liable as it was not
Adheres to Reyes’ dissent in Exconde: If the basis of teachers exercise over the pupils and students for as
impleaded as a party defendant.
presumption of negligence in Art. 1903 is some culpa long as they are at attendance in the school, including
in vigilando that the parents, teachers, etc. are recess time. (MEMORIZE)
The TC based its decision on Mercado v. CA, which in
supposed to have incurred in the exercise of their
turn was based on a dictum in Exconde v. Capuno. The
authority, hence, when the parent places the child Amadora v. CA
case here was instituted directly against the defendants
under the effective authority of the teacher, the teacher, April 15, 1988
(as against the cited cases where the father was the
and not the parent should be the one answerable for
defendant). The parents here are not involved since
the torts committed while under his custody. FACTS: Alfredo Amadora, 17 yrs old, was shot by his
Daffon was already of age at the time of the incident.
Why? for the very reason that the parent is classmate Pablito Daffon, 3 days before his high school
MTI is unquestionably a non-academic school.
not supposed to interfere with the discipline of the graduation, while he was at the auditorium of the
school nor with the authority and supervision of the Colegio de San Jose-Recolectos either to finish a
1. “custody”
teacher while the child is under instruction. If there is Physics experiment or to submit a Physics report.
The TC erred in absolving the defendants on the
no authority, there can be no responsibility. Daffon was convicted of homicide thru reckless
ground that they can only be held liable if they “lived
and boarded with his teacher or the other defendants- imprudence. The Amadoras sued for damages against
Hence, the president and instructor must be held the School (Colegio), the dean of boys and, the physics
school officials.”
solidarily liable unless they prove that they observed teacher and Daffon.
the diligence of a good father of a family to prevent the
The phrase “so long as (the students) remain in
damage-which they failed to do. TC: defendants are liable for damages
their custody” means THE PROTECTIVE AND SUPERVISORY
CUSTODY THAT THE SCHOOL AND ITS HEADS AND TEACHERS EXERCISE
13
Torts Magic Notes for FINALS_revised by A2010 Prof. Casis _S.Y. 2007-
2008
CA: All the defendants were absolved. Colegio is not a Reason for disparity: historically the exculpate itself by proof of exercise of diligence of
school of arts and trades and Daffon was not in custody heads of arts and trades exercised a closer tutelage bonus paterfamilias.—defense which is also available
since the semester already ended. over his pupils than the head of an academic school.9 to the teacher or the head.

ISSUE: Interpretation of Art. 2180 There is no substantial distinction between an 4. Pupil not required to be a minor to hold teacher
academic and a non-academic school insofar as torts liable
HELD: Petition denied. None are liable. committed by their students are concerned. The same Unlike the parent who will be liable only for his minor
vigilance is expected from the teacher over the child, the teacher is answerable for torts of his students
The SC summarized 3 cases which have been decided students under his control and supervision, whatever regardless of the student’s age.
in connection with 2180: the nature of the school he is teaching. Hence:
Exconde-school not liable because it is not a 1. Alfredo Amadora was still in the school’s “custody”
school of arts and trades 2. Art. 2180 applies so long as the student is under when the incident happened
-Reyes’ dissent-rule was imposed on the control and custody and within the school
2. rector, high school principal and dean of boys NOT
teachers in general and heads OF establishments of premises, regardless of whether the semester has
liable because none of them were the teacher-in charge
arts and trades. not yet begun or has already ended (Duration of
(they only exercised a general authority and not the
Mercado-reiterated Exconde. School not Responsibility)
direct control and influence exerted by the teacher-in-
liable because it is not an establishment of arts and
charge)
trades (MEMORIZE STANDARD): “CUSTODY” IS NOT CO-TERMINOUS WITH THE
Dean of boys not liable although he earlier
-Defined “custody” as living and SEMESTER. AS LONG AS IT CAN BE SHOWN THAT THE STUDENT IS IN
confiscated a gun because it was not shown that the
boarding with the teacher THE SCHOOL PREMISES IN PURSUANCE OF A LEGITIMATE STUDENT
gun he confiscated and the gun that was used in the
Palisoc- Set aside/abandoned the doctrines in OBJECTIVE, IN THE EXERCISE OF A LEGITIMATE STUDENT RIGHT, AND
shooting were the same.
Exconde and Mercado. EVEN IN THE ENJOYMENT OF A LEGITIMATE STUDENT PRIVILEGE, THE
-Defined “custody” to mean that the RESPONSIBILITY OF THE SCHOOL AUTHORITIES OVER THE STUDENT 3. Physics teacher not liable because there was no
protective and supervisory custody of the school and its CONTINUES. showing that he was negligent in his duties. His
heads and teachers over the students are in force so absence cannot be taken against him as he was not
long as they remain in school including recess time. Even if the student should be doing nothing required to report to school that day.
-in a footnote, Tehankee (the ponente) said more than relaxing in the campus in the company
4. Colegio not liable because 2180 does not apply to
that he agreed with Reyes in his Exconde dissent to of his classmates and friends and enjoying the
school but only to its teachers and heads.
include academic schools but had no chance because ambience and atmosphere in the school, he is still
the school involed is a non-academic one. Amadora is within the custody and subject to the discipline of
CONCURRING & DISSENTING: Melencio-Herrera
the case! the school authorities under the provisions of Art.
-“teacher” in 2180 should not be limited to the “teacher-
2180.
in-charge”
1. Art. 2180 applies to both academic and non-
-the school may be held responsible under 2180 as the
academic schools “Custody does not connote immediate and actual
employer of the teachers and heads
physical control but refers more to the influence exerted
Reddendo Singula Singulis8 on the child and the discipline instilled in him as a result
CONCURRING: Gutierrez, Jr.
a. if academic- teacher is liable for the pupils of such influence.
-reiterates the need for an amendment due to the non-
and students (General Rule) existent disparity between teachers of academic
3. Liability imposed not on the school itself
b. if non-academic- head is liable for the It should be noted that the liability imposed is
schools and heads of arts and trades
apprentices (Exception) supposed to fall directly on the teacher or the head of
*But same vigilance is required! RULE: 1. Custody definition
the school of arts and trades and not on the school
2. application of 2180 to both academic and
itself.
non-academic schools
If at all, the school, whatever its nature may be held
3. teachers is to pupils and students as heads is
to answer for the acts of its teachers and heads under
to apprentices
the general principle of respondeat superior, it may
4. school not directly liable under 2180 par 7.
8 Referring each to each; referring each phrase or expression to its appropriate object or let each
be put in its proper place, i.e. the words should be taken distributively 9 This disparity no longer exist in view of the increase in enrollment. But that’s a task for the
legislature.
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Torts Magic Notes for FINALS_revised by A2010 Prof. Casis _S.Y. 2007-
2008
NOTES: dangerous definition of “custody” because it is out of the in time. Ylarde sustained injuries which
so broad (even if just walking around school enjoying caused his death 3 days later. The Ylardes (mom and
its ambience and atmosphere) dad) sued Aquino and Soriano, the principal for
DISSENT: damages.

 CLASS NOTE
Sarmiento
Par 510 of 2180 may be construed as the basis of
liability of the school as the employer for the failure of
TC: dismissed the complaint.
1. digging was part of work education
 facts: in Academic school, by student of the
school, after sem ends its teachers or heads to perform their mandatory legal 2. Aquino exercised utmost diligence
duties as substitute parents. 3. Ylarde’s death was due to his own reckless
 A2180 applies to both ACADEMIC and
imprudence.
NONACADEMIC schools
Melencio-Herrera CA: Affirmed TC
 Academic: teacher-in-charge:: Institute of Arts Joins Sarmiento in his dissent. School may exculpate
and Trades: Heads
itself by proving diligence of a good father of a family. ISSUE: WON both Aquino and Soriano may be held
 Custody does not connote INFLUENCE liable.
exerted on the child and the DISCIPLINE QUESTION: Would the school be held liable after the
instilled in him as a result of such influence Family Code? HELD: Aquino is liable for indemnity, ED and MD
 pupil is not required to be a minor for the ANSWER: Yes! School can be held liable under 218, under 2176 (art. The petition is based on) and may
teacher to be liable! (A2180 doesn’t require FC11 be held liable under 2180. Soriano, as a head of an
minority) academic school, cannot be held liable. CA
 Applicability to academic institutions WAS an
issue prior to this case—see Exconde  CLASS NOTE
reversed and set aside.

1. Soriano cannot be held liable


 Despite the broadness of the definition of  facts: by students, w/n school premises,
a. He is a Head of an academic school and
custody, NO ONE was held liable in Amadora! against ACADEMIC school
not of a school of arts and trades (in line with Amadora)
 A2180 doesn’t include Academic schools (this
b. He did not order the digging
Pasco v. CFI of Bulacan, Branch V is the case where the court researcher was not
April 25, 1988 aware of the ruling in Amadora vs. CA)
2. Ylarde may be held liable under 2180 as the
 Don’t sue school based on 2180 (7) teacher-in-charge
FACTS: Reynaldo Pasco was mauled by a group of He was negligent in his supervision and he
Muslim students and stabbed by Abdul while walking Ylarde vs. Aquino failed to take the necessary precautions. BUT, the
inside the Araneta University (Araneta). Pasco had just July 29, 1988 Ylardes based their petition on 2176.
finished his classes and the Muslim group were also
students of Araneta. Pasco, assisted by his father sued FACTS: Edgardo Aquino, a teacher in Gabaldon 3. Aquino is liable for damages under 2176 (Q: WON
Abdul and Araneta for damages. Primary School gathered his male students aged 10-11 the act or omission of Aquino amounting to fault or
to clean-up the remnants of WWII. They had to dig a negligence has a direct causal connection to Ylarde’s
TC: dismissed case against Araneta hole to bury the concrete blocks. He left while the work death)
was unfinished and the kids, jumped in the pit. One of a. 5 negligent acts of Aquino
ISSUE: WON Art. 2180 is applicable to academic the kids jumped on the concrete block causing it to fall i. he should’ve used adult laborers and
institutions. in the pit and pinning Ylarde who was not able to get not 10 year olds
ii. he required the kids to remain inside the
HELD: petition dismissed. Wrong issue. 10 Employers shall be liable for the damages caused by their employees and household helpers pit, knowing that a huge block was just nearby
acting within the scope of their assigned tasks, even though the former are not engaged in any iii. the stone was obviously at the brink of
There is no need to discuss the applicability of 2180 to business or industry. falling, yet he require the kids to level the soil around
educational institutions for the issue is actually 11 the excavation
whether or not, under 2180, the school or the Art. 218. The school, its administrators and teachers, or the individual, entity or institution iv. he left the kids
university ITSELF (as distinguished form teachers engaged in child are shall have special parental authority and responsibility over the minor child v. he left the kids near an attractive
or heads) is liable. while under their supervision, instruction or custody. nuisance
Answer to that issue: NO! the provision Authority and responsibility shall apply to all authorized activities whether
speaks only of TEACHERS or HEADS. inside or outside the premises of the school, entity or institution. (349a)
15
Torts Magic Notes for FINALS_revised by A2010 Prof. Casis _S.Y. 2007-
2008
b. the negligent act of Aquino in leaving the IAC: Affirmed but modified award
kids in such a dangerous site has a direct causal
connection to the death of Ylarde.
It was but natural for kids to play around
ISSUE: WON Salvosa and BCF can be held solidarily
liable with Abon for damages under 2180.
 CLASS NOTE
 School: ACAD + Institute of Arts and Trade
c. digging was not part of work education/
 time: dismissal, where: in parking lot of school,
d. a truly careful and cautious person would’ve HELD: No. Abon was not in the custody of BCF at the
against who: student of University of Baguio
acted in all contrast to the way Aquino did. time of the incident. IAC Reversed in so far as it holds
 Memorize: recess and custody
Salvosa and BCF solidarily liable with Abon.
4. Ylarde cannot be charged with reckless  Amadora: legitimate student objective…Victim
imprudence 1. Rationale for liability is own student
The degree of care required to be exercised must Reiterated Palisoc: The rationale of the liability of  Salvosa: applied Palisoc, definition of
vary with the capacity of the person to care for himself. school heads and teachers is that they stand to a custody…Victim is student of another school
A minor should not be held to the same degree of care certain extent, as to their pupils and students, in loco  Ponente forgot Amadora—decided 6 months
as an adult, but his conduct should be judged according parentis, and are called upon to “exercise reasonable earlier. So to reconcile both cases: If victim is
to the average conduct of persons of his age and supervision over the conduct of the child.” a student of school—Amadora; If victim is NOT
experience, a student of school-Salvosa
2. Abon was not in the “custody” of BCF when he
The standard of conduct to which a child must shot Napoleon St. Francis High School vs. CA
conform for his own protection is that degree of care
February 25, 1991
ordinarily exercised by children of the same age, DEFINITION OF “CUSTODY” (MEMORIZE!)-- THE PROTECTIVE AND
capacity, discretion, knowledge and experience under SUPERVISORY CUSTODY THAT THE SCHOOL AND ITS HEADS AND
the same or similar circumstances. TEACHERS EXERCISE OVER THE PUPILS AND STUDENTS FOR AS LONG
FACTS: Ferdinand Castillo, 13, and a freshman at St.
AS THEY ARE AT ATTENDANCE IN THE SCHOOL, INCLUDING RECESS
Francis High School, drowned during a school picnic
while trying to save a female teacher. The Castillos
 CLASS NOTE
TIME.

Qualifying “custody”
sued the school, the principal and the 6 teachers who
were at the picnic for damages.
 facts: students, teachers and principal
impleaded In line with Palisoc, RECESS IS A TEMPORARY ADJOURNMENT
EMBRACED IN THE CONCEPT OF “AT ATTENDANCE IN THE SCHOOL.” IT
TC: Held the 6 teachers solidarily liable for AD & MD
 Applied Amadora doctrine: IS A SITUATION WHERE THE STUDENT STILL REMAINS WITHIN THE CALL
Absolved the school and the principal
(teacher:ACAD::heads:Establishments of arts OF HIS MENTOR AND IS NOT PERMITTED TO LEAVE THE SCHOOL
and trade) PREMISES OR THE AREA WITHIN WHICH THE SCHOOL ACTIVITY IS
Both appealed
CONDUCTED.RECESS BY ITS NATURE DOES NOT INCLUDE DISMISSAL.
CA: Modified TC. Held the school, the principal and 4
Salvos v. IAC Plus, the mere fact of being enrolled or being in the
premises of a school without more does not constitute teachers solidarily liable for AD, MD and ED.
October 5, 1988
“attending school” or being in the “protective and
supervisory custody” of the school, as contemplated in ISSUE: WON 2180 is applicable.
FACTS: Jimmy Abon, was a student of the BCF and an
employee of AFP (as an armorer for the BCF-ROTC the law.
HELD: No. CA set aside. No one is guilty under 2180.
unit) with work premises inside the BCF. Abon shot No MD coz case does not fall under any of the grounds
Napoleon Castro, a commerce student of BCF with an Abon cannot be considered to have been in
“attendance in the school,” or in the custody of BCF for MD and they are not guilty of negligence.
unlicensed gun from the ROTC armory, at the BCF
parking lot at around 8pm. He was convicted of when he shot Napoleon. Plus, he was supposed to be
working when the incident happened. 1. None of them are guilty of either their own
Homicide. Napoleon’s heirs (Castros) sued for negligence or of the negligence of those under
damages impleading Abon, The ROTC Commandant, them
B. Salvosa-president and chairman of BCF board, J. RULE: Defines “recess”
Salvosa-the EVP of BCF, the dean and BCF. Qualified Custody
2. School not liable under 2180
NOTE: Salvosa mitigates the effects of Amadora-but TO BE HELD LIABLE UNDER 2180, THE ACT OR OMISSION MUST
TC: Solidary liability of Abon, B. Salvosa and BCF HAVE OCCURRED WHILE AN EMPLOYEE WAS IN THE PERFORMANCE OF
Absolved other defendants this was not cited in Salvosa.
HIS ASSIGNED TASKS. The picnic was not a
16
Torts Magic Notes for FINALS_revised by A2010 Prof. Casis _S.Y. 2007-
2008
sanctioned school activity nor an extra-curricular and its officers filed a Motion to Dismiss on the ground  A2180 applies to schools only if student liable
activity. that 2180, as per jurisprudence, does not include but if student a victim, BOC
academic institutions.
3. The Principal is not liable under 2180
Mere knowledge of the picnic is not enough TC: MTD denied Soliman, Jr. v. Tuazon
He did not consent to the picnic May 18, 1992
CA: Affirmed TC coz 2180 applies to all kinds of
4. Teachers are not negligent hence not liable educational institutions. FACTS: Maximo Soliman Jr, a student of the Republic
a. instructors and scout masters Central Colleges, was shot by Jimmy Solomon, a
ISSUE: WON PSBA can be held liable under 2180 security guard assigned to the school. Solomon was
who had knowledge in 1st aid and swimming
employed by RL Security Agency. Soliman sued
were invited
HELD: No. But case is remanded to determine if PSBA Solomon, RCC and the RL for damages. RCC filed a
b.life savers were brought
failed to discharge its obligations under its contract with MTD on the following grounds:
c. they did all that is humanly possible to
Bautista 1. RCC not the employer of Solomon
save Ferdinand
2. Art. 2180 n/a because Solomon was not a
CA correct in denying MTD but on the wrong grounds. student of RCC
DISSENT: Padilla
1. teachers were negligent.
1. Art. 2180 doe not apply because offender was not TC: granted MTD
a. They failed to observe the proper diligence BEFORE
THE INCIDENT (water was deep, only oral instructions a student of PSBA
ISSUE: WON the RCC may be held liable under 2180
were given)
b. The supposed life guards were not there! They were Under 2180, the offender should be a pupil of the
school. In this case, it was established that the HELD: No. Because Solomon was not an employee of
having a drinking spree
offenders were not PSBA students. RCC and neither was he a student. But, under the case
2. Principal was negligent of PSBA, RCC may be held liable under the a contract.
He knew of the activity and he did not take the 2. PSBA may be held liable based on breach of Case remanded to determine if there was a breach of
appropriate measures to ensure the safety of his contract contract.
students.
When a student enrolls, there is an established 1. Art. 2180, par 512 does not apply
3. School is liable under 2180 par. 5 RCC was not the employer of Solomon. RCC was
contract between him and the school, resulting in a
The negligence of an employee in causing injury or only a client of RL-the employer of Solomon, hence
bilateral obligation---therefore, this is not based on a
damage gives rise to a presumption of negligence on RCC had no hand in the selection and supervision
QD which arises when parties are not bound by any
the part of the owner and/or manager of the process.
contract.
establishment.
Although a QD may still arise even when there is a
Activity was stamped with school authority. Many of
contract, if the act which breaches the contract is done
the teachers were present, and the activity was
in BF & be violative of Art. 21.
organized by the teachers for the students.
In this case though, PSBA’s negligence would only
RULE: Liability only for failure to perform assigned
be relevant in the existence of a contract. PSBA’s
tasks
negligence cannot exist independently of the contract,
unless the negligence occurs under the circumstances
NOTES: Authority in saying that diligence should be
set out in Art. 21.
BEFORE and not after the FACT
RULE: Art. 2180 applies only if the offender was a
PSBA vs. CA student of the school
February 4, 1992

FACTS: Carlos Bautista was stabbed to death by


outsiders within PSBA’s premises. The Bautistas sued
 CLASS NOTE 12 The owners and managers of an establishment or enterprise are likewise responsible for

damages caused by their employees in the service of the branches in which the latter are
PSBA and its corporate officers for damages. PSBA employed or on the occasion of their functions.
17
Torts Magic Notes for FINALS_revised by A2010 Prof. Casis _S.Y. 2007-
2008
2. Arts. 2180 par. 7,13 349, 350, & 35214 does not Under 219, FC, if the person under custody is a
apply TC: 1. St. Mary’s is liable for damages under 218 & minor, those exercising special parental authority are
Solomon was not a student of RCC. Hence, school 21915, FC principally and solidarily liable for damages caused by
had no substitute parental authority over him. 2. The Daniels were held subsidiarily liable in the event the acts or omissions of the unemancipated minor
3. PSBA applies of St. Mary’s insolvency. under their supervision, instruction or custody.
RCC may be held liable under the implied contract 3. James was absolved due to his minority.
between RCC and Soliman. Under this contract, the 4. Villanueva was likewise absolved. But, for St. Mary’s to be held liable, there must be a
school has an implicit obligation to provide students finding that the act or omission considered a s negligent
with an atmosphere conducive to learning. CA: Affirmed but reduced AD. was the proximate cause of the injury caused because
the negligence, must have a causal connection to the

 CLASS NOTES
ISSUE: WON St Mary’s is liable

HELD: No. CA reversed and set aside. Case remanded


accident.

a. The proximate cause of the accident was


 A2180 not applicable to nonstudents, to non-
employees for determination of liability of defendants excluding St. not the negligence nor the reckless driving of James,
Mary’s. but the mechanical defect of the jeep. The steering
 This case should have used the provisions
wheel guide was detached while the jeep was running.
from the Family Code.
1. St. Mary’s is not liable
The special parental authority under 218, FC applies b. There’s no evidence that St. Mary’s allowed
St. Mary’s Academy v. Carpitanos to: the minor James to drive the jeep. It was the grandson
February 6, 2002 1. the school, its administrators and teachers of Villanueva, who had control and possession of the
2. the individual, entity or institution engaged in jeep who allowed James to drive.
FACTS: St. Mary’s Academy conducted an enrollment child care
drive for the incoming school year. This involved This special parental authority and responsibility 2. Parents are Primarily liable
visitation of schools. Sherwin Carpitanos, who was part applies to all authorized activities, whether inside or Whether the accident was due to James negligence
of the campaigning group rode the jeep, along with outside the premises of the school, entity or institution. or the mechanical failure, the parents must be held
other HS students. The jeep was owned by Villanueva Such authority and responsibility applies to field primarily liable.
and was driven by James Daniel II, a 15 year old trips, excursions, and other affairs of the pupils and St. Mary’s negligence was only a remote cause, and
student. They were on their way to an elementary students outside the school premises whenever either the Daniels’ negligence or the mechanical failure
school when the jeep turned turtle due to James’ authorized by the school or its teachers. was the intervening cause.
reckless driving. Sherwin sustained injuries which
caused his death. The Carpitanos sued St. Mary’s, 3. Villanueva, as the registered owner of the jeep is
James, the Daniels (parents of James) and Villanueva. 15 Art. 218. The school, its administrators and teachers, or the individual, entity or institution liable for damages
engaged in child are shall have special parental authority and responsibility over the minor child Overwhelming evidence that the accident was due to
13 Lastly, teachers or heads of establishments of arts and trades shall be liable for damages
while under their supervision, instruction or custody. the detachment of the steering wheel guide.
caused by their pupils and students or apprentices, so long as they remain in their custody.

Authority and responsibility shall apply to all authorized activities whether inside or outside the
NOTES: applied FC-this seems to imply strict liability
14 Art. 349. The following persons shall exercise substitute parental authority: premises of the school, entity or institution. (349a)
but SC here allowed defense of diligence.


(2) Teachers and professors;
xxx Art. 219. Those given the authority and responsibility under the preceding Article shall be
CLASS NOTE
(4) Directors of trade establishments, with regard to apprentices; principally and solidarily liable for damages caused by the acts or omissions of the
unemancipated minor. The parents, judicial guardians or the persons exercising substitute
 school liable if Proximate Cause of the injury
Art. 350. The persons named in the preceding article shall exercise reasonable supervision over
parental authority over said minor shall be subsidiarily liable.
is their negligence
the conduct of the child.  special parental authority applies as long as
The respective liabilities of those referred to in the preceding paragraph shall not apply if it is the activity was approved by an office of the
Art. 352. The relations between teacher and pupil, professor and student, are fixed by
proved that they exercised the proper diligence required under the particular circumstances. school
government regulations and those of each school or institution. In no case shall corporal
punishment be countenanced. The teacher or professor shall cultivate the best potentialities of All other cases not covered by this and the preceding articles shall be governed by the provisions FC NCC
the heart and mind of the pupil or student. of the Civil Code on quasi-delicts. (n) Who liable A218: school, its A2180, par7:
18
Torts Magic Notes for FINALS_revised by A2010 Prof. Casis _S.Y. 2007-
2008
administrators and teachers or heads Philippine Rabbit Bus Lines, Inc. vs. Phil-
teachers, or the of establishments 4. Rodriguez-Luna: primary liability of parent American Forwarders, Inc
individual, entity or of arts and trades March 25, 1975
institution engaged *In St. Francis 5. Libi: Primary liability of parent-CLEARED UP ISSUE
in child Case, activity ON PRIMARY OR SUBSIDIARY LIABILITY
FACTS: Fernando Pineda, driver of a Philippine
…have special should be inside American Forwarders freight truck hit a Philippine
parental authority school premises 6. Mercado: Custody=living and boarding with teacher
Rabbit Bus along a national highway. The bus driver
and responsibility or head
suffered injuries and the bus was unusable for 79 days
…to all authorized resulting in loss of income.
activities whether 7. Palisoc: custody-protective and supervisory custody.
Balingit, as the manager of PAF and Pineda
inside or outside Does not have to live or board with teacher or head
were sued based on a QD. (Balingit’s defense was that
the premises of the Overturned Mercado. No chance to
he was not the employer of Pineda)
school, entity or Overturn Exconde.
institution TC: Dismissed complaint against Balingit as he is not
For Minor child while Their pupils and 8. Amadora: 2180 applies to all schools. Overturned
the “manger” contemplated under 2180.
damages under their students or Exconde
caused by supervision, apprentices, so -Academic school-teacher-pupil
ISSUE: WON Balingit is liable under 2180. (WON
instruction or long as they -Arts & trades-head-apprentice
employers/owners/managers of an
custody remain in their Broad definition of custody
establishment/enterprise includes managers of
A219: custody corporations)
unemancipated 9. Pasco: 2180 applies to teachers or heads not to
minor school itself.
HELD: No.
Liability Principally and Primarily and
solidarily liable – directly 10. Ylarde: head of an academic school not liable.
1. Balingit is not the “manager” contemplated in
schools 2180
Subsidiarily liable – 11. Salvosa: defines “recess”; qualifies custody
The owners and managers of an establishment or
parents, judicial (mitigates amadora’s effects)
enterprise are likewise responsible for damages caused
guardians, persons by their employees in the service of the branches in
exercising 12. St. Francis: 2180 applies to school sanctioned
which the latter are employed or on the occasion of
substitute parental activities and in the failure to perform assigned tasks.
their functions.
authority
13. PSBA: offender must be a student of the school;
The terms “employers” and “owners and managers of
Important to note that: not an outsider for 2180 to apply. But may invoke
an establishment or enterprise” DOES NOT INCLUDE THE
 Under the FC, no distinction is made WON contractual obligation
MANAGER OF A CORPORATION.
School is ACADEMIC or NONACADEMIC
Incident happened WITHIN OR OUTSIDE school 14. Soliman: No substitute parental authority over
THE TERM MANAGER (DIRECTOR IN SPANISH VERSION) IS USED IN THE
premises. security guard who was neither an employee nor a
SENSE OF EMPLOYER WHICH IS NOT EQUAL TO A MANAGER OF A
 2180 not limited to minors and liability of student
CORPORATION WHO IS ALSO AN EMPLOYEE (DEPENDIENTE) OF THE
teacher is only when academic and not arts CORPORATION.
and trades 15. St. Mary’s; Who may be liable under special
parental authority.
2. PAF is a corporation with a personality separate
Summary of cases: and distinct from that of Balingit (this was not
1. Exconde: Primary liability of parent alleged in the complaint).
2180 applies only to arts and trades 4. Owners and Managers of The argument that PAF is a mere business conduit
Establishments of the Balingit spouses implies the piercing of the veil of
2. Salen: subsidiary liability of parent *Rationale of employers being liable: policy corporate fiction. Since this was not raised in the lower
consideration—allocating risks court, it cannot be countenanced in this appeal.
3. Fuellas: primary liability of parent (did not
categorically state that parent is subsidiarily liable)
19
Torts Magic Notes for FINALS_revised by A2010 Prof. Casis _S.Y. 2007-
2008
5. Employers FACTS: Abad, a production manager of Castilex, was Jurisprudence even if the relationship is Respondeat
NOTES: JURIS TANTUM (REBUTTABLE PRESUMPTION) WHY?- driving his company-issued vehicle after office hours. superior18 not Pater familias..
coz hard for victim to prove that employer was not He hit Vasquez, who had a student’s permit, and on a
negligent (similar to res ipsa), hence employer should motorcycle. Abad brought him to the hospital, but he Operation of Employer’s Motor Vehicle in Going to
prove diligences as a defense died anyway. and From Meals
WHY OWNER?-deeper prockets The employer is liable if the vehicle is used to reduce
The criminal case did not prosper for failure to his time-off and devote more time to the performance of
Philtranco v. CA prosecute. The civil case for damages was filed by is duties.
June 1997 Vasquez’s parents. TC and Ca ruled for Vasquezs.CA
held the liability of Cadtilex was “vicarious not solidary Operation of Employer’s Vehicle in Going to and
FACTS: A Philtranco bus, driven by Manhilig was being contrary to TC’s ruling. From Work
pushed and jumpstarted along a perpendicular street. It The employer is liable if he derives some special benefit
started suddenly and ran over Acuesta, a biker. The ISSUE 1: WON CA erred in applying par 5 and not par such as more time for the performance of duties or that
driver didn’t stop, but was forced to by a cop who saw 4 of Art 2180 such duties require the employee to circulate in a
the accident and boarded the bus. general area for work. The latter is called the “special
HELD: NO. SC ruled that the 5th par merely says being errand” or “roving commission” rule.
Acuesta’s heirs sued Manhilig and Philtranco for QD. engaged in a business is not necessary for the
Philtranco argues it exercised due diligence in the paragraph to apply. The Court made distinctions Use of Employer’s Vehicle Outside Regular Working
selection and supervision of its employees, saying between the 2 paragraphs. Hours
Manhilig had an excellent record and exercised the The employer is liable if he derives some incidental
diligence of a very cautious person. 4th par 5th par benefit. The employer is not liable when the vehicle is
ISSUE: WON Philtranco may be held liable for the act Owners and managers Employers, in general, used for a personal benefit and returned to where it is
of Manhilig WON engaged in a normally kept.
business or industry Note: This seems to contradict with Valenzuela v CA.
HELD: YES. The action is an action for damages for Covers negligent acts or Encompasses negligent Sir says there is no contradiction. The place where the
QD under Art 2176 and 2180. The Court has employees committed acts of employees as long employee is coming from is material.
considered the liability of a registered owner of a public either in the service of as they were acting within
service vehicle for damages arising from tortuous acts the branches or on the scope of their NOTES: IMPLICATION: 4th par covered by 5th par,
of the driver as primary, direct and joint and several or occasion of their assigned tasks hence 4th paragraph is useless
solidary with the driver (Art 2194)16. The employer’s functions
only recourse is to recover what it has paid from the 5th par-an expansion of the 4th par in both employer
employee who committed the fault or negligence (Art NOTE: Sir says this case has the implication that par 4 coverage and acts included
2181)17. is superfluous because par 5 encompasses everything.
cf Valenzuela-why different results? –coz in

 CLASS NOTE
ISSUE 2: WON Castilex has the burden of proving that
Abad was not working within the scope of his assigned
tasks
Valenzuela, Abad came from a different place.

 Employers liable because of paterfamilias

Castilex v. Vasquez HELD: NO. The plaintiffs have the burden. He who
alleges must prove.
 CLASS NOTES
December 1999  Castilex sold furniture (relevance: on “engaged
in a business or industry” under A2180, par5)
ISSUE 3: WON Abad was working within the scope of
his assigned tasks, making Castilex liable  RESPONDEAT SUPERIOR: CONCLUSIVE
FAULT/NEGLIGENCE OF EMPLOYEE
16 Art. 2194. The responsibility of two or more persons who are liable for quasi-delict is solidary.
HELD: NO. The fact that Abad was a manager and  PATERFAMILIAS: PRESUMPTION JURIS TANTUM
(n)
driving a company-issued vehicle is not sufficient to (REBUTTABLE PRESUMPTION)
17 Art. 2181. Whoever pays for the damage caused by his dependents or employees may charge Castilex with liability. He was working beyond
recover from the latter what he has paid or delivered in satisfaction of the claim. (1904) office hours and was coming from a place where he
had snacks. The Court cited principles in American 18 The act of the agent is the act of the principal.
20
Torts Magic Notes for FINALS_revised by A2010 Prof. Casis _S.Y. 2007-
2008
 What’s the rule if we combine 2180 (4) and (5) 2. employee must be acting within the
as regards the liability of employer for the acts Supervision includes: 1. formulation of suitable rules scope of his assigned task
or omissions of employees? Requisites to hold and regulations for the guidance of its employers; and
the employer liable for torts under 2180: 2. the issuance of proper NOTE: In Filamer, Labor Code provisions do not apply
1. ER-EE relationship instructions intended for the protection of the public and even n the determination of an employer-employee
2. Employee must be acting within the persons with whom the employer has relations through relationship. Sir says there is a policy considerations.
scope of his assigned task his employees. The Court tries to utilize doctrine to support their cause.
 American Jurisprudence: 3 situations (General
Rule: Employer NOT liable; Exception:
Employer LIABLE when he derives special
business benefit)
NOTE: Sir thinks this is a dangerous doctrine because
even if the activity is far removed from the
business/institution, the employer may be held liable if it
 CLASS NOTES
 par4 and 5 of 2180, NCC applies! LC not
1. GOING TO AND FROM MEALS is in furtherance of the latter’s interests. strictly applied, just used to determine the
General rule: ER is not liable. existence of EER
Exception: Benefit to the ER Q: is there an ER-EE relationship between the school
2. GOING TO AND FROM WORK and the student working part-time in the school?
LRT v. Navidad
General rule: ER not liable
February 2003
3. OUTSIDE REGULAR WORKING HOURS

Filamer v. IAC
 CLASS NOTE
FACTS: Nicanor was drunk when he entered the LRT
 Labor Code provision that there is an ER-EE station after buying a token. He got into a fistfight with
August 1992 relationship is not applicable Escartin, a security guard and he fell unto the tracks.
The train hit him and he died instantly. Nicanor’s widow
FACTS: Funtecha is a part-time janitor and scholar of NPC v. CA and children sued Escartin, Roman (the train driver),
Filamer. Having a driver’s license, he requested Masa, August 1998 LRTA, Metro Transit and Prudent (security agency).
driver and son of school president, to let him drive them LRTA and Roman filed counterclaims and Prudent
home where Funtecha also lives. Masa yielded and on FACTS: A dump truck driven by Ilumba and owned by denied liability, averring it exercised due diligence in the
the way they hit a pedestrian, Kapunan, because NPC collided with a Toyota Tamaraw, resulting in the selection and supervision of its employees.
Funtecha swerved right to avoid a fast-moving truck. It death of 3 persons in the Tamaraw and injuries to 17
appears that Agustin Masa, school president, knew of passengers. PHESCO supplied Ilumba as a driver to ISSUE: WON LRTA is liable
the license. NPC. NPC and PHESCO are pointing fingers, each
claiming Ilumba is the employee of the other. HELD: YES. The presumption of liability was overcome.
ISSUE: WON Filamer is liable Common carriers, by the nature of its business and
ISSUE: Who is the employer of Ilumba, and therefore, reasons of public policy, is burdened with the duty of
HELD: YES. The clause “within the scope of their by liable with him exercising utmost diligence. This duty is not only during
assigned tasks” for the purpose of raising the the course of the trip but for as long as the passengers
presumption of liability of an employer includes ANY ACT HELD: NPC. PHESCO is a labor-only contractor are within the premises and where they ought to be in
DONE BY THE EMPLOYEE, IN FURTHERANCE OF THE INTERESTS OF THE pursuance of the contract of carriage.
because it does not carry on an independent business
EMPLOYER OR FOR THE ACCOUNT OF THE EMPLOYER AT THE TIME OF
and does not have substantial capital. It is merely an
THE INFLICTION OF THE INJURY. THAT IS APPLICABLE EVEN IF THE PROVISIONS
agent of NPC. The Civil Code and NOT the Labor Code OF LAW RENDER A COMMON CARRIER LIABLE FOR DEATH
EMPLOYEE DERIVES SOME BENEFIT FROM THE ACT. In this case, AND INJURY OF PASSENGERS:
applies to determine NPC’s liability because the action
Funtecha drove the jeep not for his enjoyment but for here is based on the recovery of damages as a result of • Through negligence or willful acts of its
the service of Filamer. The fact that he was not the QD. The Labor Code applies only to liability caused by employees
school driver is insignificant. Besides, Filamer did not non-compliance with substantive labor standards on • On account of willful acts or negligence of
exercise the diligence of a good father of the family. working conditions, etc. other passengers or of strangers if the common
carrier’s employees through the exercise of due
Presumptive liability of employer (when employee is Requisites to hold the employer liable for torts diligence could have prevented the act or omission
driving a company vehicle) is determined by answering under 2180:
this Q: WON the servant was at the time of the accident 1. there must exist an ER-EE relationship In the discharge of its commitment to ensure the safety
performing any act in furtherance of his master’s of passengers, it may hire its own employees or avail of
business.
21
Torts Magic Notes for FINALS_revised by A2010 Prof. Casis _S.Y. 2007-
2008
the services of a contractor. In either case, the carrier is (allegedly drunk). The car of the latter was registered to juridical person capable of acquiring rights and
not relieved of its responsibility under the contract of Alexander Commercial. She had lost her left leg (only contracting obligations)
carriage. some skin and muscle connected to the rest of her

Employer’s liability under 2180:


1. establish 1st employee’s fault or
body) and had to be fitted with a prosthetic leg.

ISSUE: WON Alexander was liable


 CLASS NOTE
 Very useful provision in our day and age
negligence
HELD: YES. The relationship between Li and
2. presumption juris tantum that employer Alexander is Pater familias not Respondeat superior,, in Merritt v. Government
failed to exercise the diligence of a good father which the ultimate liability falls upon the employer. In March 1916
of the family in selection and supervision this case, the Court averred the privilege of using a
3. PRIMARY LIABILITY-but can be company car serves 2 purposes: FACTS: Plaintiff Merritt suffered severe injuries as his
negated by due diligence in selection and 1. Image of success motorcycle collided with a PGH ambulance due to the
supervision 2. Practical and utilitarian reasons (to reach negligence of the latter’s vehicle’s driver. The
clients conveniently) Government passed an Act authorizing Merritt to sue
McKee v. IAC the Government.
July 1992 Thus, the use of the car principally serves the business
the private purposes and the goodwill of the company ISSUE: WON the State is liable for damages
and only incidentally the private purposes of the
FACTS: A head-on collision between a cargo truck HELD: NO. Though the State waived its immunity from
employee who uses the car. Li, an Asst. Mngr of the
driven by Galang and a Ford Escort driven by Jose suit, it did not concede liability to Merritt. The State is
company, uses the car to facilitate meetings with
Kho, resulting in the death of 3 and injuries to 3 others, not liable for torts, except when it acts through a special
clients. At the time of the accident, he came from a co-
all passengers of the Ford. The accident was caused by agent. In this case, the driver is not a special agent
employee’s place in BF Homes Pque. The presumption
2 boys who darted into the street causing Kho, driver of within the contemplation of the law. Although the
is they came from a company function or discussed
the Ford, to swerve into the truck’s lane. accident was caused by a government employee, the
work-related matters.
State did not undertake to guarantee to third persons
ISSUE: WON the employer of Galang is liable

HELD: YES. There is a presumption of negligence on


 CLASS NOTES
the acts of all its employees for that would subject the
State to countless suits, which is subversive to public
interest. The State is not responsible for the damages
the part of the employer. The only defense is due  not liable simply because of company car but suffered by private individuals in consequence of the
diligence of a good father of a family. They did not because of bonus pater familias standard in acts performed by its employees pertaining to their
interpose nor prove this defense. A2180 – did not prove diligence and under 2nd office because neither fault nor negligence can be
Note: Why is there a presumption? Sir says it is instance discussed in Castilex presumed on the part of the State in the
because it is difficult to prove the employer did not organization of branches of public service and
exercise due diligence in the selection and supervision  juris tantum presumption (rebuttable) vs. juris
et jure (conclusive) appointment of its agents.
of the employee.
 cf with Castilex: compare the place where

 CLASS NOTES
Abad and Li came from along with the nature
of Li’s job which required him to have a car.  CLASS NOTES
 This case is more of a roving commision  This case defined actually defined special
 presumption that they are negligent flows from agent (although sir didn’t seem to remember):
 Valenzuela case says that A2180 was
the negligence of their employee receives a definite and fixed order or
modified by FC.
 liability: primary, direct and solidary commission, foreign to the exercise of duties
 take note of discussion on practice of
Valenzuela v. CA companies in issuing company cars of his office if he is a special officer
February 1996  So in this case the chauffeur still was acting
within his duty as a driver when he hit Merritt
FACTS: Valenzuela had a flat tire and had to park her  Merritt was one of the best constructors of
6. State
midnight blue Mitsubishi lancer on the side of the road. wooden buildings at that time!
-not liable for acts of its officers, agents and employees
While standing on the left rear side of the car, watching
(unless special agent; and except when state acts as a
someone changed her tire, she was bumped by Li
22
Torts Magic Notes for FINALS_revised by A2010 Prof. Casis _S.Y. 2007-
2008
Rosete v. Auditor General
August 1948 FACTS: This is an action for damages against the
individual members of the municipal council of
Villasis,Pangasinan. The council revoked a lease for an
 CLASS NOTES
FACTS: Employees of the Emergency Control  added special agent: aside from special
Administration had gasoline stored in their warehouse. exclusive ferry privilege, which was awarded to
Mendoza and gave it to someone else. commission, COMMISSION HAS TO BE FOREIGN
Such storage was contrary to a Manila ordinance. FROM ITS FUNCTIONS (but this was already in the
Frayno negligently lit a cigarette 5 meters from a gas definition given in Merritt so ewan ko kay sir
drum. Rosete’s building were damaged. ISSUE: WON the individual members of the council are
liable kung ano bago dito!)
ISSUE: WON the Government should pay damages
HELD: YES. There is no justifiable reason for revoking Art. 2189. Provinces, cities and municipalities shall be
the lease awarded to Mendoza. The municipality has 2 liable for damages for the death of, or injuries suffered
HELD: NO. There is no showing that whatever
functions: governmental and proprietary/corporate. The by, any person by reason of the defective condition of
negligence may be imputed to the ECA or its officers
award of the lease was a proprietary function. In such a roads, streets, bridges, public buildings, and other
was not done by any special agent, because the
case, the tortfeasors may be sued in capacities such as public works under their control or supervision. (n)
officers of the said institution did not act as special
agents within the contemplation of Art 1903 in storing those in private corporations. Respondeat superior
gasoline in the warehouse. In a case for damages, the applies. City of Manila v. Teotico
responsibility of the State is limited to that which it January 1968
contracts through A SPECIAL AGENT DULY EMPOWERED BY
DEFINITE ORDER OR COMMISSION TO PERFORM AN ACT OR CHARGED  CLASS NOTES FACTS: Teotico was waiting a jeepney. As he was
about to board one, he fell into an uncovered and
WITH A DEFINITE PURPOSE WHICH GIVES RISE TO THE CLAIM NOT  when state acts in their proprietary function,
WHERE THE CLAIM IS BASED ON ACTS OR OMISSIONS IMPUTABLE TO A they can be sued…individual members of unlighted manhole/catchbasin. He hit his head on the
PUBLIC OFFICIAL CHARGED WITH AN ADMINISTRATIVE OR TECHNICAL municipal council can be sued rim, broke his glasses and the pieces of which pierced
OFFICE WHO CAN BE HELD TO THE PROPER RESPONSIBILITY IN A his eyelid. He also got contusions and abrasions on
MANNER LAID DOWN BY THE LAW ON CIVIL RESPONSIBILITY.
 Does A2180 apply to municipalities? Yes
other parts of his body. He filed a suit for damages
delegation of powers against the City of Manila, mayor, city engineer, city
RULE: health officer, city treasurer and chief of police.
OFFICIALS: comprises all officials and employees of Fontanilla v. Maliaman
the government who exercise duties of their respective February 1991 ISSUE: Which applies: Sec 4 of RA 409 (Charter of the
public officers City of Manila) or the Civil Code
FACTS: National Irrigation Administration was created
SPECIAL AGENTS: all others who are acting by for the purpose of constructing, improving, rehabilitating HELD: CIVIL CODE. It applies because it is ore
commission of the government, whether individual or and administering all national irrigation systems of the specific. Whereas SEC 4 RA 409 REFERS TO LIABILITY ARISING
juridical bodies. Philippines. NIA’s driver caused the death of Fontanilla FROM NEGLIGENCE, IN GENERAL, ART 2189 GOVERNS LIABILITY DUE
due to the fault and/or negligence. His parets fled a suit TO “DEFECTIVE STREETS”, IN PARTICULAR. Manila’s assertion

 CLASS NOTE
for damages.

ISSUE: WON NIA is liable


that it did not own the street is of no moment. The fact
that it is under their control or supervision is
enough to make them liable.
 Differentiated special agent from officials
 The case used Merritt’s definition of special


agent
Perfecto dissented, saying ECA special agent,
HELD: YES. NIA’s functions are basically proprietary
and incidentally governmental. RA 3601 and PD 552
provide that NIA is a body corporate invested with a
 CLASS NOTES
as opposed to ordinary government officials corporate personality and distinct from the government.  comment ni sir: charter is supposed to be
who were also agents So, it may be sued. At the time, the driver was an more specific since it only applies to city of
agent. Where a private individual is commissioned to do manila but civil code is more specific in
a special task, he may be considered a special agent determining liability for defective streets…
within the contemplation of the provision.  You can argue either way. Court always
Mendoza v. De Leon makes someone liable. It’s all about allocating
February 1916 risks.
23
Torts Magic Notes for FINALS_revised by A2010 Prof. Casis _S.Y. 2007-
2008
Taylor from company funds (signed by Vicente and Luis 1. Liability of engineer or architect.-The
C. Others Araneta). Araneta discovered the arrangement and engineer or architect who drew up the plans and
1. Proprietor of Buildings sued De Joya. specifications shall be liable for damages, if:
a. The collapse took place within 15 years
ISSUE: WON De Joya is liable
Art. 2190. The proprietor of a building or structure is from the completion of the structure
responsible for the damages resulting from its total or b. it took place by reason of a defect in
HELD: YES. Vicente and Luis were informed about
partial collapse, if it should be due to the lack of the plans and specifications, or due to defects in
Taylor’s trip and gave their approval. All three’s acts
necessary repairs. (1907) the ground; and
made them liable for the unauthorized disbursement of
Art. 2191. Proprietors shall also be responsible for company funds. They were joint tortfeasors and have c. the action for damages is brought
damages caused: solidary liability under Art 2194. Araneta’s defense of within 10 years following the collapse
good faith falls on its face when he didn’t testify to
(1) By the explosion of machinery which has not been prove it. He remained passive and even approved the 2. Liability of contractor.-if
taken care of with due diligence, and the inflammation payroll thrice. The existence of a contract between a. the edifice falls within the same period
of explosive substances which have not been kept in a parties is not a bar to the commission of a tort by one
against the other and consequent recovery of damages.
b. the collapse took place on account of
safe and adequate place; defects in the construction or the use of materials
(2) By excessive smoke, which may be harmful to
persons or property;  CLASS NOTES
of inferior quality furnished by him, or due to any
violation of the terms of the contract; and
c. the action for damages is brought
 Relevance: A2176 in this case was used to
(3) By the falling of trees situated at or near highways or show a liability of a fellow employee within 10 years following the collapse
lanes, if not caused by force majeure;
3. Solidary liability-In case the engineer or the
(4) By emanations from tubes, canals, sewers or 3. Engineer/Architect architect supervised or directed the construction,
deposits of infectious matter, constructed without he shall be solidarily liable (see Arts. 120719,
Art. 1723. The engineer or architect who drew up the
precautions suitable to the place. (1908) 121620) with the contractor.
plans and specifications for a building is liable for
damages if within fifteen years from the completion of
 CLASS NOTES
the structure, the same should collapse by reason of a
defect in those plans and specifications, or due to the
defects in the ground. The contractor is likewise
Art. 1723 speaks of a building that should
collapse or edifice that falls, hence, it does not
*under Lease Contract: the lessor is responsible for apply to minor defects.
necessary repairs! responsible for the damages if the edifice falls, within
the same period, on account of defects in the
construction or the use of materials of inferior quality A 3rd person suffering damage as a result of any
2. Employees furnished by him, or due to any violation of the terms of defect in the construction may proceed, against
the contract. If the engineer or architect supervises the the engineer or architect or contractor.

 CLASS NOTES
construction, he shall be solidarily liable with the
contractor.
Acceptance of the building, after completion, does not
4. Effect of acceptance of work- Gen. Rule in a
contract for a piece of work is that acceptance of
 A2176 to make fellow employee liable imply waiver of any of the cause of action by reason of
 Sir: take note of 1723 (interesting provision) any defect mentioned in the preceding paragraph. 19 Art. 1207. The concurrence of two or more creditors or of two or more debtors in one and the
The action must be brought within ten years following same obligation does not imply that each one of the former has a right to demand, or that each
Araneta v. Joya the collapse of the building. (n) one of the latter is bound to render, entire compliance with the prestation. There is a solidary
May 1974 liability only when the obligation expressly so states, or when the law or the nature of the

De Leon 455-456 obligation requires solidarity. (1137a)


FACTS: De Joya, general manager, proposed to Ace Liability of engineer or architect/contractor for 20 Art. 1216. The creditor may proceed against any one of the solidary debtors or some or all of
Management to send Taylor to the US for further collapse of building constructed: them simultaneously. The demand made against one of them shall not be an obstacle to those
studies. De Joya sent Taylor despite the Board’s which may subsequently be directed against the others, so long as the debt has not been fully
disapproval. Travel expenses and salaries were paid to collected. (1144a)
24
Torts Magic Notes for FINALS_revised by A2010 Prof. Casis _S.Y. 2007-
2008
the work by the employer relieves the contractor (15) The right of the accused against excessive FACTS: Jikil Taha sold Timbangcaya a motor launch.
of liability for any defect in the work.21 But mere bail; Taha forcibly took the launch back so Timbangcaya
acceptance of the building after completion, does (16) The right of the accused to be heard by filed a complaint. Fiscal Ponce de Leon filed an info
not imply waiver of any of the causes of action himself and counsel, to be informed of the nature and against Taha. After discovering where the launch was,
cause of the accusation against him, to have a speedy Ponce ordered Provincial Commander of Palawan
arising from any defect in the construction. Maddela to impound the vehicle even though it had
and public trial, to meet the witnesses face to face, and
to have compulsory process to secure the attendance already been sold to a third party, Lim. After initial
VII. TORTS W/ INDEPENDENT CIVIL ACTION of witness in his behalf; hesitation, Maddela seized the launch so Lim filed this
(17) Freedom from being compelled to be a witness case.
A. Violation of Civil and Political Rights against one's self, or from being forced to confess guilt,
or from being induced by a promise of immunity or ISSUE: WON Ponce de Leon may seize the launch
Art. 32. Any public officer or employee, or any private reward to make such confession, except when the without warrant
individual, who directly or indirectly obstructs, defeats, person confessing becomes a State witness;
violates or in any manner impedes or impairs any of the (18) Freedom from excessive fines, or cruel and HELD: NO. The right against unreasonable searches
following rights and liberties of another person shall be unusual punishment, unless the same is imposed or and seizures is protected by the Constitution. There is
liable to the latter for damages: inflicted in accordance with a statute which has not no law which authorizes the fiscal to seize the corpus
(1) Freedom of religion; been judicially declared unconstitutional; and delicti of the crime. Only judges may issue warrants for
(2) Freedom of speech; (19) Freedom of access to the courts. seizure not fiscals. Ponce de Leon claimed there was
(3) Freedom to write for the press or to maintain no time to get a warrant, but records show there was
a periodical publication; In any of the cases referred to in this article, whether or ample time. He next claims good faith, but this does not
(4) Freedom from arbitrary or illegal detention; not the defendant's act or omission constitutes a matter because ART 32 DOES NOT REQUIRE A SHOWING OF
(5) Freedom of suffrage; criminal offense, the aggrieved party has a right to GOOD FAITH/BAD FAITH. IT IS ENOUGH THERE WAS A VIOLATION OF

(6) The right against deprivation of property commence an entirely separate and distinct civil action CONSTITUTIONAL RIGHTS. (ABSOLUTE PROHIBITION)

without due process of law; for damages, and for other relief. Such civil action shall
(7) The right to a just compensation when private
property is taken for public use;
(8) The right to the equal protection of the laws;
proceed independently of any criminal prosecution (if
the latter be instituted), and mat be proved by a
preponderance of evidence.
 CLASS NOTES
 Who can contest? Only the parties whose
(9) The right to be secure in one's person, house, rights have been impaired
papers, and effects against unreasonable searches and The indemnity shall include moral damages. Exemplary  Why is good faith not a defense? It will be
seizures; damages may also be adjudicated. contrary to purpose of the law.
(10) The liberty of abode and of changing the
same; The responsibility herein set forth is not demandable  Subordinate officer not liable  illogical
(11) The privacy of communication and from a judge unless his act or omission constitutes a because Court already said that good faith is
correspondence; violation of the Penal Code or other penal statute. not a defense.
(12) The right to become a member of  Provincial commander NOT LIABLE because
associations or societies for purposes not contrary to
law;
(13) The right to take part in a peaceable
 CLASS NOTES
of chain of command – Subordinate, just follow
orders – but GF not needed
 Art. 32 is the basis for a civil action for violation Aberca v. Ver
assembly to petition the government for redress of
of civil liberties.
grievances; April 1988
 Special rule: Judges are not covered unless
(14) The right to be free from involuntary
done in excess of jurisdiction.
servitude in any form; FACTS: Task Force Makabansa, intelligence units of
 Take note: Art. 32 says DIRECTLY or
the AFP, conducted pre-emptive strikes against “known
INDIRECTLY
communist-terrorist underground houses”. It conducted
21 Art. 1719. Acceptance of the work by the employer relieves the contractor of liability for any  Private persons may be sued under this! raids with defective search warrants where personal
defect in the work, unless: items were confiscated, people were arrested without
(1) The defect is hidden and the employer is not, by his special knowledge, expected to Lim v. Ponce de Leon warrant and interrogated without proper procedures.
recognize the same; or August 1975 The violations of the plaintiffs’ rights were geared
(2) The employer expressly reserves his rights against the contractor by reason of the defect. (n) towards obtaining evidence to incriminate them. The
25
Torts Magic Notes for FINALS_revised by A2010 Prof. Casis _S.Y. 2007-
2008
defendants filed a motion to dismiss on the ground that distinct from the criminal action, may be brought by the
the writ of habeas corpus was suspended and that they
were only performing their official duties.  CLASS NOTE
injured party. Such civil action shall proceed
independently of the criminal prosecution, and shall
require only a preponderance of evidence.
 Take note: even private persons who
ISSUE: WON the suspension of the writ of habeas participate can be held liable under Article 32
corpus bars the civil action for damages. -the nature of civil action for damages which Art. 33
allows to be instituted is ex delicto. –criminal in nature,
HELD: NO. The suspension does not destroy the right hence not negligence.
or cause of action for illegal arrest and other violations
1 Sangco 228-255 (1993)
of constitutional rights. What is merely suspended is the
right to seek release through the writ as a speedy Revised Penal Code
means of obtaining liberty. ART 32 RENDERS THE DEFENDANTS - Code Commission: The creation of an absolutely Title Thirteen-CRIMES AGAINST HONOR
LIABLE, INCLUDING THEIR SUPERIORS, AS THE PROVISION INCLUDES
separate and independent civil action for the violation of Chapter One-LIBEL
NOT ONLY THOSE DIRECTLY BUT ALSO INDIRECTLY RESPONSIBLE. The
civil liverties is essential to the effective maintenance of Section 1— Definitions, forms, and punishment of
invocation of state immunity is misplaced because there democracy,for these reasons: this crime.
is no blanket license to transgress upon rights and (1) In most case, the threat to freedom originates {{{

from abuse of power by government officials and peace Art. 353. Definition of libel. — A libel is public and
liberties guaranteed by the Constitution. malicious imputation of a crime, or of a vice or defect,
officers.
real or imaginary, or any act, omission, condition,
 CLASS NOTE
(2) The requirement of proof beyond reasonable
doubt often prevented the appropriate punishment.
(3) Direct and open violations of the Penal code
status, or circumstance tending to cause the dishonor,
discredit, or contempt of a natural or juridical person, or
 May superiors be liable? Yes, because they trampling upon the freedoms named are not so frequent to blacken the memory of one who is dead.
are indirectly responsible as those subtle, clever and indirect ways which do not
Art. 354. Requirement for publicity. — Every
 Writ’s effect: suspension immaterial come within the pale of penal law.
defamatory imputation is presumed to be malicious,
 Respondeat superior: liable because - A violation of any of the individual rights and liberties
even if it be true, if no good intention and justifiable
INDIRECTLY responsible (A32) enumerated in Art. 32 may or may not constitute a
motive for making it is shown, except in the following
criminal offense.
cases:
MHP Garments v. CA - If act constitutes a criminal offense, the victim may opt
between a civil action under Art. 100 of the RPC and an
September 1994 (1) A private communication made by any person
independent civil action under Art. 32.
to another in the performance of any legal, moral or
- If act is not a criminal offense, the civil action to
FACTS: MHP was awarded the exclusive franchise to social duty; and
enforce liability for damages is governed by the
sell and distribute official uniforms and supplies of the
provisions of the Civil Code according to Art. 1162
Boy Scouts of the Philippines. They were informed that (2) A fair and true report, made in good faith,
thereof, and the Rules on Civil Procedure.
Cruz, Lugatiman and Gonzales were selling BSP without any comments or remarks, of any judicial,
- The right to institute an independent civil action under
uniforms without authority. They sought the aid of the legislative or other official proceedings which are not of
Arts. 32, 33, 34 and 2176 of the Civil Code is a
Philippine Constabulary. Constabulary men and De confidential nature, or of any statement, report or
substantive right intended as an exception to and held
Guzman, representative of MHP, went to the stalls, speech delivered in said proceedings, or of any other
as an amendment of the general rule in Sec. 1 of Rule
seized the goods and caused a commotion, all without act performed by public officers in the exercise of their
107 of the 1940 Rules of Court ( Sec. 1 Rule 111 of the
warrant. functions.
1964 Revised rules of Court)
- These independent actions should not be deemed Art. 355. Libel means by writings or similar means.
ISSUE: WON MHP and De Guzman may be held liable
instituted with the criminal action and the right to — A libel committed by means of writing, printing,
institute them should not be made subject to their prior lithography, engraving, radio, phonograph, painting,
HELD: YES. The Constitution protects people against
reservation. theatrical exhibition, cinematographic exhibition, or any
unreasonable searches and seizures. The evidence
presented did not justify the treatment of the similar means, shall be punished by prision correccional
respondents. MHP was indirectly involved. They B. Defamation, Fraud and Physical Injuries in its minimum and medium periods or a fine ranging
instigated the raid which was conducted with the active from 200 to 6,000 pesos, or both, in addition to the civil
Art. 33. In cases of defamation, fraud, and physical
participation of De Guzman. The proper method would action which may be brought by the offended party.
injuries a civil action for damages, entirely separate and
have been to report the matter and secure a warrant.
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2008
Art. 356. Threatening to publish and offer to present accident. Heirs of Marcia instituted this separate civil FACTS: Despuig filed a complaint against Arafiles for
such publication for a compensation. — The penalty action for damages. Trial court dismissed. forcible abduction with rape and forcible abduction with
of arresto mayor or a fine from 200 to 2,000 pesos, or attempted rape. She executed a sworn statement to
both, shall be imposed upon any person who threatens ISSUE: Won the acquittal of the accused serves as a that effect witnessed by Morales. The latter interviewed
another to publish a libel concerning him or the parents, bar to the civil action for damages the former and wrote an article about the incident.
spouse, child, or other members of the family of the Arafiles filed a complaint for damages against Morales,
latter or upon anyone who shall offer to prevent the HELD: The charge against Paje was not for homicide his editor and the president of the publisher, saying his
publication of such libel for a compensation or money and physical injuries but for reckless imprudence or reputation was ruined by the story.
consideration. criminal negligence resulting in homicide and physical
injuries They are not one of the three crimes mentioned ISSUE: WON the accused were liable for damages
Art. 357. Prohibited publication of acts referred to in in Article 33 of the Civil Code and, therefore, no civil
the course of official proceedings. — The penalty of action shall proceed independently of the criminal HELD: NO. In actions for libel, the published work must
arresto mayor or a fine of from 20 to 2,000 pesos, or prosecution. be examined and viewed as a whole. It depends on the
both, shall be imposed upon any reporter, editor or scope, spirit and motive of the piece. It must be read in
manager or a newspaper, daily or magazine, who shall
publish facts connected with the private life of another
and offensive to the honor, virtue and reputation of said
 CLASS NOTE
the sense readers to whom it is addressed would
ordinarily understand it. Morales could have used better
words, but he did state that his story was based on the
person, even though said publication be made in  Reckless Imprudence is not included in Art. 33 account of Despuig at the station.
connection with or under the pretext that it is necessary  no independent civil action
in the narration of any judicial or administrative  Article 33 construed strictly Note: According to Sir, the point of this case is that one
proceedings wherein such facts have been mentioned. may file a criminal complaint and a civil one in one court
and both could proceed independently of each other.
Art. 358. Slander. — Oral defamation shall be Madeja v Caro
*Crim case and civil case (for the same act) may
punished by arresto mayor in its maximum period to December 1983 proceed independently of each other
prision correccional in its minimum period if it is of a


serious and insulting nature; otherwise the penalty shall FACTS: A criminal action was filed against Dr. Japzon
be arresto menor or a fine not exceeding 200 pesos. for the death of Madeja after an appendectomy. CLASS NOTE
Pending the criminal case, his widow filed a civil action
Art. 359. Slander by deed. — The penalty of arresto for damages, alleging gross negligence, but this was  Art 33 does not affect in any way the criminal
mayor in its maximum period to prision correccional in dismissed. action.
its minimum period or a fine ranging from 200 to 1,000
pesos shall be imposed upon any person who shall ISSUE: WON Judge Caro erred in dismissing the civil 1. Defamation
perform any act not included and punished in this title, action
which shall cast dishonor, discredit or contempt upon MVRS v. Islamic
another person. If said act is not of a serious nature, the HELD: YES. Under the Rules of Court and Art 33, a January 2003
penalty shall be arresto menor or a fine not exceeding separate civil action may be instituted. The civil action is
200 pesos. ex-delicto and aimed to allow the offended party to FACTS: An issue of Bulgar wrote an article stating that
enforce his rights in a private action. Physical injuries is Muslims don’t eat pigs because they treat them as
Marcia v CA used in the generic sense, meaning bodily injury not the Gods. Islamic Da’wah Council of the Philippines and
January 27, 1983 crime in the RPC. To be liable under Art 33, the individual Muslims filed a complaint for damages,
damage should arise from a crime. This case also says alleging the story was a product of sheer ignorance but
FACTS: Victory Liner bus driven by Paje collided with a Corpus v Paje, saying reckess imprudence is not with the intent to hurt the feelings, cast insult and
jeep driven by Marcia. Marcia died and 2 other were included in Art 33, is not authoritative. disparage Muslims of the world.
seriously injured. An info for homicide and double Note: Madeja v Caro is a division case. It cannot
serious physical injuries through reckless imprudence overturn an en banc decision. ISSUE: WON MVRS may be held liable
was filed against Paje. Heirs of Marcia reserved the
right to file a civil action separately and later did. CA Arafiles v. Phil. Journalists HELD: NO. The libel suit will not prosper because IT DID
acquitted Paje stating that the case was a pure March 2004 NOT IDENTIFY SPECIFICALLY NOR REFER TO ANY PARTICULAR
INDIVIDUALS TO BE THE SUBJECT OF THE PUBLICATION. They cannot
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Torts Magic Notes for FINALS_revised by A2010 Prof. Casis _S.Y. 2007-
2008
be held liable just because the words were insulting or FACTS: A Pepsi delivery truck driven by Elordi collided
offensive. According to Puno, there are prerequisites to
recovery:
1. published statement
 CLASS NOTES
with a private car driven by Capuno. Capuno and his
passengers, Buan spouses, died. Elordi was charged
with triple homicide through reckless imprudence. While
 fraud here is not simply estafa. Swindling
2. which is defamatory is just a specie of an offense committed by the case was pending, the estate and heirs of the Buan
3. of and concerning the plaintiff means of fraud. spouses filed a separate complaint for damages against
If the article refers to a group, for a member to have a Pepsi and Elordi. The parties in the latter case
cause of action, he must prove that the article compromised so the case was dismissed. Later,
particularly pertains to him. Prudential Bank v. IAC Capuno heirs filed a similar complaint.
December 1992
NOTE: cf Worcester ISSUE: WON the action is barred by the Statute of
FACTS: Philippine Rayon enetered into a contract with Limitations
Nissho for the importation of textile machineries under a
5-year deferred-payment plan. Rayon applied for a HELD: YES. THE CASE FOR RECOVERY UNDER QD MUST BE

 CLASS NOTES
commercial letter of credit with Prudential in favor of
Nissho. A trust receipt was signed in favor of Prudential.
The letter of credit and trust receipt remained unpaid.
INSTITUTED WITHIN 4 YEARS FROM THE ACCRUAL OF THE RIGHT OF
ACTION. Contrary to the Capuno’s assertion, the
prescription period was not interrupted by the filing of
 important: definition of defamation, what is the The machinery was sold and the proceeds kept. the criminal action inasmuch as they never waived nor
relation to libel and slander (big circle): Prudential filed an action for damages against Rayon reserved to file the civil action separately.
Definition of defamation broader than and its president.
slander/libel
Anent Art. 33, The Court said that it included bodily
 you have to prove specific damage to you and ISSUE: WON Rayon is liable injury resulting in death.
that there was an intent to damage or hurt you.

2. Fraud
HELD: YES. There is a fiduciary relationship between
Rayon and Prudential. Rayon sold the machinery
without turning over the proceeds to Prudential as
 CLASS NOTE

Salta v. Veyra  This case demonstrates a literal reading of A33


agreed upon so it violated the agreement. Rayon
September 1982 wilfully and fraudulently misapplied or converted the  The action filed was based on A31 and A33
money for their own use.  ON A33: civil action for damages could have
There is no obstacle for the filing of a separate been commenced by Capunos immediately upon
FACTS: Salta was an employee of PNB. As a manager,
complaint for damages even if there is already a death of Cipriano Capuno
he indiscriminately granted some loans in a manner
characterized by negligence fraud, manifest partiality criminal complaint for violation of Sec 3 of the Trust
and upon securities not commensurate to the loan. The Receipts Law. Sec 13 of the same law considers the Corpus v. Paje
criminal case was dismissed, but 2 civil cases were violation as Estafa. ESTAFA COMES UNDER FRAUD AND SO AN July 1969
filed. Salta filed motions to dismiss based on the ACTION UNDER ART. 33 MAY BE BROUGHT.

acquittal. Judge de Veyra denied one MTD, but Judge FACTS: Victory Liner bus driven by Paje collided with a
Purisima granted the other. Acquittal was based on
insufficiency of evidence.  CLASS NOTES
jeep driven by Marcia. Marcia died and 2 other were
seriously injured. An info for homicide and double
serious physical injuries through reckless imprudence
 violation of a trust receipt is a violation
ISSUE: WON the MTD should be granted under Article 33 was filed against Paje. Heirs of Maria reserved the right
 Since there is FRAUD, can file independent to file a civil action separately and later did.
HELD: NO. THE ACQUITTAL IN THE CRIMINAL CASE WILL NOT BE AN and distinct civil action based on Article 33
OBSTACLE FOR THE CIVIL CASE TO PROSPER UNLESS THERE IS A ISSUE: WON the acquittal of Paje in the criminal case
FINDING IN THE CRIMINAL CASE THAT EVEN CIVILLY THE ACCUSED IS
3. Physical Injuries bars the civil action
NOT LIABLE.
There is no such finding in this case. Art 33
applies, there being an allegation of fraud and HELD: YES. The acquittal was based on the ground
negligence. Capuno v. Pepsi that the reckless imprudence or criminal negligence
April 1965 charged did not exist and the collision was pure
accident. CRIMINAL NEGLIGENCE, THAT IS RECKLESS IMPRUDENCE,
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2008
IS NOT ONE OF THE 3 CRIMES MENTIONED IN ART 33 WHICH FACTS: A criminal action was filed against Dr. Japzon - Meaning and scope of physical injuries: Like that
AUTHORIZES THE INSTITUTION OF AN INDEPENDENT CIVIL ACTION. for the death of Madeja after an appendectomy. provided in Art. 32, the independent civil action
Pending the criminal case, his widow filed a civil action contemplated in Art. 33 is for damages caused by

 CLASS NOTES
for damages, alleging gross negligence, but this was
dismissed. (reasoned that Instant civil action may be
instituted ONLY AFTER FINAL JUDGMENT in criminal
defamation, fraud or physical injuries which may or may
not constitute criminal offenses.
- On Corpus and Marcia: This is an apparent
 Law punishes the negligent act.
action) misconception of the independent civil action
 Action has also already prescribed.
contemplated in Art. 33 and of reckless imprudence
 According to Sangco, reckless imprudence is
ISSUE: WON Judge Caro erred in dismissing the civil being the crime itself and not its results. “Reckless
included in A365. action imprudence is not a crime in itself. It is simply a way of
 Rule: RI not included in Art. 33 hence the effect: committing it and merely determines a lower degree of
NO independent civil action—Art. 100 will apply HELD: YES. Under the Rules of Court and Art 33, a criminal liability.” (People v Feller)
with respect to civil liability separate civil action may be instituted. The civil action is - Where the physical injuries results from a negligent
 In Criminal negligence, act punished ex-delicto and aimed to allow the offended party to act or omission, the injured party will have three causes
negligent/careless act, not the result enforce his rights in a private action. PHYSICAL INJURIES IS of action to choose from and bring a civil action for,
USED IN THE GENERIC SENSE, MEANING BODILY INJURY NOT THE CRIME namely: (1) a civil action for damages resulting from
IN THE RPC. TO BE LIABLE UNDER ART 33, THE DAMAGE SHOULD reckless imprudence under Art. 100 in relation to Art.
ARISE FROM A CRIME. This case also says Corpus v Paje, 365 of the RPC; (2) a civil action for physical injuries
saying reckess imprudence is not included in Art 33, is arising from a quasi-delict under Art. 2176 of the Civil
not authoritative because no sufficient number of Code; (3) a civil action for physical injuries under Art.
votes). 33, also of the Civil Code.
Dulay v. CA Note: Madeja v Caro is a division case. It cannot
April 1995 overturn an en banc decision.
FACTS: Torzuela, a security guard, shot Atty. Dulay C. Neglect of Duty
while he was on duty at the “Big Bang sa Alabang” due
to some altercation. Dulay’s widow filed an action for
damages against Torzuela, Superguard and Safeguard
 CLASS NOTES Art. 34. When a member of a city or municipal police
force refuses or fails to render aid or protection to any
(both companies believed to be Torzuela’s employers).  Art. 33: ex-delicto acts acts should constitute a
person in case of danger to life or property, such peace
crime.
officer shall be primarily liable for damages, and the city
ISSUE: WON an independent civil action may proceed  In Corpus v Paje, only 9 justices took part, 4 of or municipality shall be subsidiarily responsible therefor.
which merely concurred with the result. The civil action herein recognized shall be independent
HELD: YES. The act of the Dulays of instituting a However, based on the Constitution, a division of any criminal proceedings, and a preponderance of
separate civil action under Art 33 is allowed. The term case cannot overturn an en banc decision. evidence shall suffice to support such action.
physical injuries has been held (in Madeja vs. Caro) to  Sir does not think that “physical injuries” should
include consummated, attempted and frustrated be limited to the crime with the same name.
homicide. SC, looking at Art 111 of the ROC, said that
1 Sangco 334-335 (1993)
 2 things to remember about A33, CC:
the civil action is impliedly instituted with the criminal 1. Physical injury refers to bodily injury and is
action unless the offended party (Civil action deemed not the same as physical injury as defined in The basic function of government is the protection of
instituted): the RPC. life and property and it is also the main justification
1. waives the civil action 2. Civil action is ex-delicto for the existence and maintenance of its police
2. reserves the right to institute it separately force. For this, members of the force are directly and
3. institutes it prior to the criminal action personally liable for damages caused by their refusal or
1 Sangco 255-282 (1993)
This case differs from Marcia v CA, in that, here, the failure to render this basic service.
crime is homicide not reckless imprudence so a - According to the Code Commission, this article
separate civil action may be filed. Since policemen are usually insolvent, the law secures
“creates an independent civil action in case of
payment by holding the City or municipality subsidiarily
defamation, fraud, or physical injuries. This separate
Madeja v. Caro liable. This is clearly an exception to its non-suability
civil action is similar to the action in Tort for libel or
as a political subdivision of the State. This is
December 1983 slander, deceit, and assault and battery under
analogous but not identical to that provided in Art 102
American law.”
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Torts Magic Notes for FINALS_revised by A2010 Prof. Casis _S.Y. 2007-
2008
and 103 of the RPC because the conviction of the civil action shall be suspended until the termination of 7. Where a criminal action is subsequently instituted,
defendant policemen is absolutely immaterial and the criminal proceedings. presumably no indemnity bond may be sought or
irrelevant to the city’s or municipality’s liability. required since there is no apparent justification for it.
 catch all provision - Distinguished from Art. 30: Under Art. 30, plaintiff is
The direct and personal liability for nonfeasance not required to file an indemnity bond because there is
 what’s punished in 365, RPC is the negligence
contained in Art 27 is general and does not constitute a no possibility that it was maliciously instituted. But this
and the resulting damage
criminal act nor provide for subsidiary liability of the must be further qualified. Under Art. 35, there is no
 Take note of this—not a very often used
locality. Art 34 specifically applies only to members of need to file an indemnity bond where a crime has
provision
the police force of the city or municipality. indubitably been committed or such a criminal action is
subsequently instituted.
Key elements of a civil action for damages under Art 34: 1 Sangco 335-338 (1993) - An aggrieved party need not be the victim of a criminal
1. The defendant is a member of the city or punishable act or omission to be entitled to
- In all cases not covered by Arts. 32, 33, 34 and 2176 damages. So long as the act or omission complained
or municipality police force. of the Civil Code or by a special law, any person who of, WON it is punishable, is alleged and shown to be the
2. The plaintiff either sought police believes that he is the victim of a criminal offense- but proximate cause of the damage or injury he sustained,
assistance or protection against danger to the judge or the prosecuting attorney finds no he is entitled to bring a civil action therefor and obtain a
his life or property, or defendant was aware of reasonable ground to believe that a crime has been judgment on the basis thereof.
plaintiff’s need for such assistance or committed and the latter refuses or fails to institute
protection, but the latter refused or failed to criminal proceedings- may bring a civil action for
render the same. damages under Art. 35. VIII. INTENTIONAL TORTS
3. As a consequence of such refusal - Implicit are the ff propositions of fact and law:
1. Aggrieved part has opted not only to recover his Art. 19 - principle of abuse of rights
or failure to render assistance or protection, Art. 20 - general sanction for all other provisions of law
the plaintiff suffered damages. damages in a civil action therefore under Art. 100 of the
RPC, but also to institute such civil action ahead of and which do not essentially provide for their own sanction
4. The civil action for damages may Art. 21 - deals with acts contra bonus mores
be instituted independently of the institution or separately from the criminal action to enforce
defendant’s criminal liability Casis: real catch-all; covers everything
pendency of any criminal proceedings arising
from the same dereliction and regardless of 2. Aggrieved party believes that the act or omission
the result thereof, and may be proved by which cause the injury constitutes a criminal offense
preponderance of evidence. 3. Civil Code or any special law does not grant him the
right to institute a civil action for damages
D. Action for Damages where no independent
independently of the criminal action
civil action is provided 4. He is granted the right to institute such civil action for A. Abuse Of Rights
damages WON the criminal action upon which it is
Art. 35. When a person, claiming to be injured by a based is filed; prosecute it to final judgment, and prove Art. 19. Every person must, in the exercise of his rights
criminal offense, charges another with the same, for the same by a preponderance of evidence, if no and in the performance of his duties, act with justice,
which no independent civil action is granted in this criminal action is filed during its pendency. give everyone his due, and observe honest and good
Code or any special law, but the justice of the peace 5. If the criminal action is filed during its pendency, such faith.
finds no reasonable grounds to believe that a crime has civil action shall be suspended until final judgment in
been committed, or the prosecuting attorney refuses or the criminal case, which may or may not affect it, is
fails to institute criminal proceedings, the complaint may Velayo, etc. v. Shell Co. of the Phils, et al.
rendered. It may also be consolidated with the criminal
bring a civil action for damages against the alleged October 31, 1956
action.  because it is based on civil liability arising
offender. Such civil action may be supported by a from a criminal offense
preponderance of evidence. Upon the defendant's FACTS: CALI informed its principal creditors that it was
6. Where no criminal action is instituted because a
motion, the court may require the plaintiff to file a bond in a state of insolvency and had to stop operations.
prima facie case cannot be established, plaintiff may file
to indemnify the defendant in case the complaint should The creditors agreed to form a committee that would
a bond to indemnify the defendant in case the
be found to be malicious. take charge of the distribution of assets. Fitzgerald, an
complaint should be found to be malicious.  there is a
employee of Shell, was appointed a member of the
bond because of the high probability that the suit may
If during the pendency of the civil action, an information committee. After the committee met, Shell made a
be malicious
should be presented by the prosecuting attorney, the transfer of credit against CALI to American Shell Oil
Company. American Shell Oil filed a complaint against
30
Torts Magic Notes for FINALS_revised by A2010 Prof. Casis _S.Y. 2007-
2008
CALI and a writ of attachment was issued on CALI’s C- employer that it was routinary. She was shocked when
54 plane. she was sentenced to be imprisoned for adultery, going HELD: There is no rigid test to determine when Art.
to disco, and socializing with male crew, in violation of 19 has been violated; this is to be determined upon
ISSUE: WON Shell can be held for damages. YES Islamic laws, and was sentenced to be lashed. He the unique circumstances of each case. Upon the
employer refused to help her. facts of the present case, it is clear that the petitioners
HELD: Even though Arts. 19, 21, and 23 only came abused the right that they invoke – right to dismiss an
into effect after the incident, they are still ISSUE: Morada had cause of action. YES employee. Although an employer who suspects an
applicable. Shell had no vested right to betray the employee to be dishonest may dismiss the latter, the
confidence of the insolvent CALI or of its creditors. HELD: Article 19 merely declares a principle of law employer may not do so in an abusive manner.
Shell’s act of taking advantage of his knowledge of the and Article 21 gives flesh to its provisions.
plane showed bad faith and betrayed the confidence Philippine Law applied because it is where Saudi RULE: Q of WON the principle of abuse of rights has
and trust of the other creditors. Arabian deceived Morada. According to her, she been violated resulting in damages under Art. 20 or 21
honestly believed that her employer would act with or other applicable provisions, depends on the
Standards: justice and give her what is due. Instead, her employer circumstances of each case.
1. A- to act with justice failed to protect her.
2.
3.
G- to give everyone his due
O -to observe honesty and GF  CLASS NOTES
 CLASS NOTES
 Right to dismiss should not be confused with
 the manner in which the right is exercised:

In the context of international law, this case is
actually wrong: If the concept of Lex Loci there was name-calling, threats, “You Filipinos
CLASS NOTES cannot be trusted!”
delicti commisi would be followed, the place
 A19 is a mere declaration of principle which where most of the crimes was committed  A19: Principle of abuse of rights; set certain
provides for the standard of conduct. would determine what law should be applied. standards which must be observed not only in
 A21 implements A19 by providing for a In this case, most of the violation of rights were the exercise of one’s rights but also in
consequence which is not found in A19. committed in SAUDI! performance of one’s duties…
BUT COURT HELD THAT RP LAWS …to act with justice
 A19’s “lofty” ideal is to “VOUCHSAFE ADEQUATE LEGAL 
…to give everyone his due
REMEDY FOR THAT UNTOLD NUMBERS OF MORAL WRONGS WHICH SHOULD BE APPLIED: no unnecessary
difficulties and inconvenience shown by either …to observe honesty and good faith
IS IMPOSSIBLE FOR HUMAN FORESIGHT TO PROVIDE FOR
SPECIALLY IN THE STATUTES”  CATCH ALL parties if RP + Saudi already submitted to the
jurisdiction of QC RTC Albenson v. CA
 What constitutes the abuse of right? Not the  This case demonstrates the broad application January 11, 1993
transfer of credit per se but Mr. Fitzgerald was of A19 and A21.
already appointed as 1 of the members in the FACTS: Guaranteed issued Albenson a check as
 A 19, 20, 21 are not conflicts of law provisions
working committee tasked to determine the division payment for the mild steel plates it ordered. The check
but were applied in a conflicts of law case.
of assets. The working committee was formed bounced. Albenson found out that the check belonged
specifically for the creditors to not sue CALI
Globe Mackay v. CA
to Eugenio Baltao. It filed a complaint for violation of
 The court used A2253 and A2254, NCC to rule August 25, 1989
BP 22 against Eugenio S. Baltao. However, it appears
upon the issue that the respondent had a namesake, his son Eugenio
FACTS: Tobias was employed by Globe Mackay as a
Baltao III. The elder Baltao then filed a suit for
purchasing agent. He uncovered certain fraudulent
Saudi Arabian Airlines v. CA damages against Albenson.
transactions. However, Hendry, an EVP, accused him
October 8, 1998 of being a crook and a swindler. Tobias was charged
ISSUE: WON Albenson was liable for damages. NO
with estafa. The cases against him were dismissed.
FACTS: Morada was employed by Saudi Arabian Despite this, Tobias was fired. Hendry then sent a
Airlines as a flight attendant. Her two co-workers tried HELD: When a right is exercised in a manner which
letter to Tobias’ potential employer alleging his
to rape her. She filed a case against them. However, does not conform with the norms of Article 19 and
dishonesty. Tobias filed an action for damages against
she was pressured to drop the case while her results in damage to another, a LEGAL WRONG is
Hendry and Globe.
employer’s Chief Legal Officer stood by. She then committed for which the wrongdoer must be held
attended a hearing, after being assured by her responsible.
ISSUE: WON Tobias was entitled to damages. YES
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Torts Magic Notes for FINALS_revised by A2010 Prof. Casis _S.Y. 2007-
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HELD: Even though Amonoy’s actions were legally advantage of another, even though the forms and
The elements of an abuse of right under Article 19 justified at the start, their continuation even after the technicalities of the law, together with the absence of all
are: TRO was issued amounted to an abuse of his right. information or belief of facts, would render the
1. There is a legal right or duty The exercise of a right ends when the right transaction unconscientious.
disappears, and it disappears when it is abused,
2. Which is exercised in bad faith especially to the prejudice of others. Amonoy’s acts On Art. 19:-intended to expand the concept of torts by
3. For the sole intent of prejudicing or injuring constituted not only an abuse of a right, but an invalid granting adequate legal remedy for the untold moral
another. exercise of a right that was suspended. wrongs which is impossible for human foresight to
provide specifically in statutory law.
In this case, Albenson’s complaint was a sincere
attempt to find the best possible means to collect the
money due to them. The law does not impose a
 CLASS NOTES
-the ultimate thing in the theory of liability is justifiable
reliance under conditions of civilized society
-A person should be protected only when he acts with
 Rule: Action which was originally legal can
penalty on the right to litigate. become illegal if exercised abusively. providence and in GF, but not when he acts with
negligence or abuse
 The legal principle applied in this case is
Arts. 19-21-expand the scope of our law on civil
damnum absque injuria.
wrongs NOTES: -does not adhere strictly to the 3 elements
 What we have here is an illegal act. There was
-seems to say that Art. 19 can be committed via
no more right for him to abuse! This is not a
Common element under 19 and 21: act must be negligence
case of abuse of right.
intentional - abuse of duty is not a right
 A19 presupposes an existing right; What

 CLASS NOTE 
Amonoy did was contempt of court
Problem: relied upon Testimony solely of
Guitierrez (when it is self-serving)
 CLASS NOTES
 Question: Why did this case enumerate the  “Schools and professors cannot just take
elements of an abuse of right under Art. 19 students for granted and be indifferent to them,
UE v. Jader
when there is supposedly no “hard and fast for without the latter, the former are useless.”
rule?” February 17, 2000
 Petitioner (university) cannot just give out its
 Art 19 and 21- intentional acts; Art 20- FACTS: Jader was a law student at the University of students grades at any time…
intentional or negligent acts (does not the East. He failed to take the regular exam for  Can you sue professor for not giving grades on
distinguish) Practice Court I so he was given an incomplete grade. time? No. Should be the school.
 Albenson claims that MP should have been He took the removals but he was given a grade of five.
filed, not a civil case based on A19 Jader attended the graduation and prepared for the bar. Garciano v. CA
 Baltao did not clarify that there were 3 of them He later learned of his deficiency. Jader sued UE for August 10, 1992
damages. UE’s defense was that Jader should have
Amonoy v. Gutierrez verified grade! FACTS: Garciano, a teacher at the Immaculate
February 15, 2001 Concepcion Institute was granted an indefinite leave of
ISSUE: WON UE was liable for damages. YES absence to go to Austria. She was later sent a letter
FACTS: The lot on which the Gutierrez spouses built informing that Fr. Wiertz’s, the school’s founder,
their house was bought by Amonoy in an auction sale. HELD: UE had the contractual obligation to inform decided to terminate her services (BUT ONLY Board of
Amonoy was granted an order for the demolition of the its students as to whether or not all the Directors has the power to terminate her services). The
house. However, a temporary restraining order was requirements for the conferment of a degree have Board of Directors reinstated her. The ICI faculty has
granted enjoining the demolition. The SC then made been met. It also showed bad faith in belatedly reacted “acidly” her reinstatement. Garciano then filed
the TRO permanent. However, by the time the decision informing Jader of the result of his removals, particularly a complaint for damages.
was rendered, the house was already destroyed. The when he was already preparing for the bar.
Gutierrez spouses then filed a suit for damages. ISSUE: WON respondents were liable for damages.
ABSENCE OF GOOD FAITH MUST BE SUFFICIENTLY ESTABLISHED FOR A NO
ISSUE: WON Amonoy was liable for damages. YES SUCCESSFUL PROSECUTION BY THE AGGRIEVED PARTY IN A SUIT FOR HELD: Whatever loss Garciano may have incurred in
ABUSE OF RIGHT UNDER ARTICLE 19. Good faith connotes an the form of lost earnings was self-inflicted. (Volenti
honest intention to abstain from taking undue non fit injuria). Garciano failed to report back in time,
32
Torts Magic Notes for FINALS_revised by A2010 Prof. Casis _S.Y. 2007-
2008
indefinite LOA, refused to sign written employment Test of Abuse of Right: modern jurisprudence does 1. The terms and conditions of the contract
contact, did not report for work. Her claim for moral not permit an act although lawful is anti-social. were clear=automatic suspension for failure to
damages under Art 21 also fails. The provision, being pay outstanding balance after 30 days from
based on equity, it may only be invoked by An abuse of right exists when it is exercised for original bill.
someone who comes to court with clean hands. In the ONLY PURPOSE of prejudicing or injuring another
this case, Garciano was also at fault. She did not
=automatic cancellation after 60 days
comply with the order to return to work. Acts which without legitimate purpose cause
damage to another violate the concept of social 2. Marasigan was not able to comply with their

 CLASS NOTE
solidarity which considers law as rational and just.

Every abnormal exercise of a right, contrary to its


agreement. He issued a postdated check.
Settled doctrine: check is not a substitute for
money.
 Respondents did not physically prevent her
from working socio-economic purpose is an abuse which will give rise
to liability. 3. Elements of Art. 19:
 Teachers were simply exercising Right to
speech, right to dissent from board’s decision 1. there is a legal right or duty
The exercise of a right must be in accordance with
 Board ordered her to report to work! the purpose for which it has established, and must not
2. which is exercised in bad faith
be excessive or unduly harsh; there must be NO INTENTION 3. for the sole intent of prejudicing or injuring
Barons Marketing Corp. v. CA TO INJURE ANOTHER. another
February 9, 1998

FACTS: Phelps Dodge appointed Barons as one of its


dealers of electrical wires and cables. Barons
 CLASS NOTE
BF (on BPI’s part) was not proven. GF presumed.
BPI did not capriciously and arbitrarily
canceled the use of the card. It gave Marasigan
purchased items on credit, which it sold to MERALCO.  Violate concept of social solidarity
Barons asked if it can pay its outstanding account in  BF not proven (that Phelps just wanted to a chance to settle his account.
monthly installments but Phelps declined. Phelps filed directly deal with Meralco); Rejection of offer of There is no need for BPI to notify Marasigan of
a complaint to recover the amount. In its answer, payment is not an abuse of right the suspension or cancellation. Their contract
Barons admitted purchasing the items but denied the provides for automatic suspension or cancellation.
amount. It also stated that it suffered injury to its BPI v. CA
reputation. (damages as result of “creditor’s abuse”; The underlying basis for the award of tort damages
HOW ABUSE? Rejection, considering relationship of FACTS: Atty. Marasigan’s credit card was denied is the premise that an individual was injured in
the parties) at Café Adriatico after he failed to pay his contemplation of the law.
outstanding balance. One of his guests had to pay
ISSUE: WON Barons was entitled to damages. NO

HELD: Phelps had legitimate reasons for rejecting


the bill. He sued BPI for damages claiming that he
had an agreement with BPI and that he sent a
 CLASS NOTE
check to BPI to cover the balance and future bills  There was no arbitrariness on the part of BPI.
Barons’ offer and instituting the action for collection. A
in exchange for non-suspension of his credit card.  Damnum absque injuria; there was damage
person who, in exercising his rights, does not act in
but no injury (Custodio vs. CA)
an abusive manner is not deemed to have acted in a
manner contrary to morals, good customs, or TC: in favor of Marasigan. BPI abused its right to
public policy as to violate Article 21. In this case, it suspend or cancel the card because it did not
is plain to see that it’s a mere exercise of rights, and not B. Acts Contra Mores
mention to Marasigan that his card will be
an abuse thereof. Art. 21. Any person who willfully causes loss or injury to
suspended despite several communciations.
another in a manner that is contrary to morals, good
CA: Affirmed customs or public policy shall compensate the latter for
Art. 19 prescribes a primordial limitation on all rights by
setting certain standards that must be observed in the the damage.
exercise thereof. ISSUE: WON BPI abused its right to suspend the

Citing Tolentino:
card.

HELD: No.
 CLASS NOTE
33
Torts Magic Notes for FINALS_revised by A2010 Prof. Casis _S.Y. 2007-
2008
 Art. 21 is the actual catch-all provision pregnant. To avoid embarrassment, Santos resigned
according to Sangco. 2. Examples from her job. Santos then sued Tanjanco for damages.
a. Breach of Promise to
1. Elements Marry, Seduction, and Sexual ISSUE: WON Tanjanco was liable for damages. NO
Assault
Ruiz v. Secretary of National Defense HELD: To constitute seduction there must in all cases
December 28, 1963

FACTS: A contract was executed between Allied


 CLASS NOTES
be some sufficient promise or inducement and the
woman must yield because of the promise or other
inducement. If she consents merely from carnal lust
 Who is Agonciila? Unmarried woman of chaste
Technologies and the Republic of the Philippines to and the intercourse is from mutual desire, there is no
character
build the Veterans Memorial Hospital. The construction seduction. In this case, Santos was of age. Also, she
 Seduction of Agoncilla- actionable under A 21, maintained sexual relations with each other for one
of the hospital was terminated. Ruiz and Herrera, crime if under 18 years old, moral wrong
together with Panlillo, were the architects of the building year. Such conduct is incompatible with the idea of
 No seduction if promise came after Agoncilla seduction.
but only Panlillo was recognized. Ruiz and Herrera
became pregnant
citing Article 21, sued to be recognized as the architects
of the hospital.
Wassmer v. Velez
ISSUE: WON Article 21 was applicable. NO December 26, 1964  CLASS NOTES

HELD: Article 21 contemplates a situation where a FACTS: Wassmer and Velez were about to get  Issue of deceit: Deceit can come in many
person has a legal right and such right is violated married. However, two days before the wedding, Velez forms and can result in attraction (so there is
by another in a manner contrary to morals, good wrote a note stating that they would have to postpone no moral seduction.)
customs, or public policy. It presupposes losses or the wedding because his mother was opposed to it. A  Critique of Tanjanco: “Seduction” in this case
injury, material or otherwise, which one may suffer day before the wedding, he wired Wassmer a note only covers the initial sexual contact.
as a result of said violation. A judicial declaration of saying that he would return soon. He never showed up  Rule in Buenaventura: For seduction to be
professional prestige is unnecessary because a brilliant again. Wassmer sued for damages. actionable, there must be deception and the
professional is respected even without a court woman must have yielded because of the
declaration. ISSUE: WON Velez can be held liable for damages. inducement.
 There is no seduction when there is mutual
Art. 21-“injury” refers not only to any indeterminate HELD: YES. This is not a case of mere breach of desire and the opportunity was merely
right or property, but also to honor or credit. [as cited in promise to marry. MERE BREACH OF PROMISE TO MARRY IS NOT afforded to the woman.
Tolentino] AN ACTIONABLE WRONG. But to formally set a wedding and
go through all the above-described preparation and  Code commission  damages for seduction
Albenson v. CA, supra. publicity, only to walk out of it when the matrimony is  CA misapplied the example.
about to be solemnized, is quite different. This is  Seduction: 1. inducement by deceit, 2. yield
FACTS: Baltao case. PALPABLY AND UNJUSTIFIABLY CONTRARY TO GOOD CUSTOMS for because of that
ISSUE: WON there was a violation of Article 21. which Velez must be held answerable in damages in Sir: as if seduction can be ratified if court takes into
accordance with Article 21. consideration time and frequency and subsequent
HELD: No. The question of whether or not there was sexual acts
abuse of rights, resulting in damages under Article 20 Tanjanco v. CA
and 21 or other applicable provision of law depends on December 17, 1966 Baksh v. CA
the circumstances of each case. February 19, 1993
FACTS: Tanjanco, courted the Santos, both being of
The elements of Article 21 are: adult age. In consideration of Tanjanco's promise of FACTS: Baksh, an Iranian, courted Gonzales. She
1. There is an act which is legal marriage, Santos consented to sexual intercourse. accepted his love on the condition that they would get
2. But which is contrary to morals, good Tanjanco succeeded in having carnal access with married. When Baksh visited her home, Gonzales’
custom, public order, or public policy Santos until Dec. 1959. As a result, Santos got parents allowed them to sleep together. Baksh then
3. And it is done with intent to injure forced her to live with him. He beat her. Gonzales later
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Torts Magic Notes for FINALS_revised by A2010 Prof. Casis _S.Y. 2007-
2008
found out that Baksh was already married. Gonzales HELD: A breach of promise to marry per se is not ATTRACTED TO MENDEZ. Their repeated sexual intercourse
sued for damages. actionable, except where the plaintiff has actually indicates that passion, and not the alleged promise of
incurred expenses for the wedding and the necessary marriage, was the moving force that made her submit
ISSUE: WON Baksh was liable for damages. YES incidents thereof. However, the award of moral herself to Mendez.
damages is allowed in cases specified in or
HELD: If a man's promise to marry is the proximate
cause of the giving of herself unto him in a sexual
congress, proof that he had, in reality, no intention of
analogous to those provided in Article 2219.
Correlatively, under Article 21, any person who
willfully causes loss or injury to another in a
 CLASS NOTE
 This case is similar to say Tanjanco.
marrying her and that the promise was only a ploy to manner that is contrary to morals, good customs,
 Even if there is deceit but the deceit resulted in
obtain her consent to the sexual act, could justify the or public policy shall compensate the latter for
attraction of the woman to the man, then there
award of damages pursuant to Article 21. This is not moral damages.
will be no more seduction.
because of such promise to marry but because of the
fraud and deceit behind it and the willful injury to her In this case, Bunag’s actions constitute acts contrary to
honor and reputation that followed. It is essential that morals and good customs.
such injury should have been committed in a
manner contrary to morals, good customs or public RULE: Generally, a breach of promise to marry is NOT
policy. In this case, Gonzales was a victim of moral PER SE actionable EXCEPT WHERE PLAINTIFF HAS ACTUALLY
seduction. INCURRED EXPENSES FOR THE WEDDING AND THE NECESSARY
Quimiguing v. Icao
INCIDENTS THEREOF
July 31, 1970
On Art. 21: designed to expand the concept of torts or
QD in this jurisdiction by granting adequate legal FACTS: Quimiguing and Icao, a married man, were
remedy for the untold number of moral wrongs which is
impossible for human foresight to specifically
enumerate and punish in the statue of torts.
 CLASS NOTE
neighbors. Icao succeeded in having carnal intercourse
with Quimiguing several times through force and
intimidation. She became pregnant. Quimiguing sued
 Compare this case with Tanjanco for damages and support.
 In this case, Bunag just wanted to marry Cirilo
 CLASS NOTES
to ESCAPE LIABILITY (so promise to marry
BUT NO INTENT TO MARRY so actionable)
ISSUE: WON Quimiguing had cause of action. YES

 Judicial notice that the cherished possession HELD: Independently of the right to support the child
of every single Filipina is her virginity Constantino v. Mendez she was carrying, Quimiguing herself had a cause of
 If the man never intended to marry the woman
May 14, 1992 action for damages. A victim of rape may recover
moral damages under Article 21 of the Civil Code. It
BUT STILL promised to marry her, it would be
FACTS: Constantino and Mendez met at Tony’s is also supported by Article 2219.
equivalent to inducement and he would be
Restaurant, where she was a waitress. Mendez
liable under A21

Bunag, Jr. v. CA
professed his love during their first date. Through a
promise of marriage, he succeeded in having sexual
intercourse with Constantino. Mendez then confessed
 CLASS NOTE
July 10, 1992  Sexual assault = rape
that he was married. Despite this, they had repeated
 There was a criminal action for rape in this
sexual contact. Constantino got pregnant. She then
FACTS: Bunag brought Zenaida Cirilo to a motel case
sued for recognition of her unborn child and damages
where he raped her. He then brought her to his for breach of promise to marry.
grandmother’s house where they lived together as Pe v. Pe
husband and wife for 21 days. Bunag and Cirilo then ISSUE: WON Mendez was liable for damages. NO May 30, 1962
filed for a marriage license. Bunag then withdrew his
application. Cirilo filed for a complaint for damages for HELD: Mere sexual intercourse is not by itself a basis FACTS: Alfonso Pe, a married man and a collateral
breach of promise to marry. for recovery. Damages should only be awarded if relative, frequented Lolita’s house on the pretext that he
sexual intercourse is NOT A PRODUCT OF VOLUNTARINESS AND wanted her to teach him how to pray the rosary.
ISSUE: WON Bunag was liable for damages. YES MUTUAL DESIRE. In this case, Constantino was already 28
Alfonso and Lolita then fell in love. Lolita's parents
years old. More importantly, she admitted that SHE WAS heard about the affair (exchange of notes, “trysts” in
different barrios) so they refused to let them see each
35
Torts Magic Notes for FINALS_revised by A2010 Prof. Casis _S.Y. 2007-
2008
other. Lolita left the house and disappeared. Lolita’s *MEMORIZE! MALICIOUS PROSECUTION: AN ACTION FOR
relatives filed an action for damages. General Rule: one cannot be held liable in damages DAMAGES BROUGHT BY ONE AGAINST WHOM A CRIMINAL PROSECUTION,
for maliciously instituting a prosecution where he acted CIVIL SUIT, OR OTHER LEGAL PROCEEDING HAS BEEN INSTITUTED
ISSUE: WON Alfonso was liable for damages. YES with Probable Cause. In other words, a suit will lie only MALICIOUSLY AND WITHOUT PROBABLE CAUSE, AFTER THE
in cases where a legal prosecution has been carried on TERMINATION OF SUCH PROSECUTION, SUIT OR OTHER PROCEEDING IN

HELD: Alfonso, a married man, seduced Lolita through without probable cause. FAVOR OF THE DEFENDANT THEREIN. THE GIST OF THE ACTION OF THE
PULLING OF LEGAL PROCESS IN FORCE, REGULARLY, FOR THE MERE
trickery to the extent that she fell in love with him.
Alfonso committed an INJURY TO LOLITA'S FAMILY IN A If the charge, although false, was made with an PURPOSE OF VEXATION OR INJURY.

MANNER CONTRARY TO MORALS, GOOD CUSTOMS AND PUBLIC POLICY


honest belief in its truth and justice, and there were
AS CONTEMPLATED IN ARTICLE 21 of the new Civil Code.
reasonable grounds on which such a belief could be TO CONSTITUTE MP, THERE MUST BE PROOF THAT THE
founded, the accusation could not be held to have been PROSECUTION WAS PROMPTED BY A SINISTER DESIGN TO VEX AND
false in the legal sense. HUMILIATE A PERSON, AND THAT IT WAS INITIATED DELIBERATELY BY
THE DEFENDANT KNOWING THAT HIS CHARGES WERE FALSE AND

 CLASS NOTE
To constitute MP, there must be proof that the
prosecution was prompted by a sinister design to vex
and humiliate a person that it was initiated deliberately
GROUNDLESS. CONCEDEDLY, THE MERE ACT OF SUBMITTING A CASE
TO THE AUTHORITIES FOR PROSECUTION DOES NOT MAKE ONE LIABLE
MP.
 The lower court presented a more romantic FOR
version of the love story by the defendant knowing that his charges were false
 Both Alfonso and Lolita were of age and groundless. Concededly, the mere act of submitting 3 ELEMENTS OF MP:
a case to the authorities for prosecution does not make 1. THE FACT OF THE PROSECUTION AND THE FURTHER FACT THAT

b. Malicious Prosecution one liable for MP. THE DEFENDANT WAS HIMSELF THE PROSECUTOR AND THAT THE
ACTION FINALLY TERMINATED WITH AN ACQUITTAL.

Que v. IAC
January 13, 1989
 CLASS NOTE 2. THAT IN BRINGING THE ACTION, THE PROSECUTOR ACTED
WITHOUT PROBABLE CAUSE
 Dismissal of the case does not automatically
FACTS: Que filed a complaint for estafa against give rise to a cause of action for malicious
prosecution 3. THAT THE PROSECUTOR WAS ACTUATED OR IMPELLED BY A
Nicolas because of the checks the latter issued as LEGAL MALICE THAT IS BY IMPROPER OR SINISTER MOTIVE
payment for canvass strollers were dishonored. Nicolas  If there is probable cause, there is no malice
allegedly did not continue payment because of the Once cannot be held liable for maliciously instituting a
defective canvass strollers which he never returned to Drilon v. CA prosecution where one has acted with probable cause.
Que. The charge was dismissed in the fiscal level. April 20, 2001 WHY? coz it would be a very great discouragement to
Nicolas filed a complaint for malicious prosecution. public justice, if prosecutors, who had tolerable ground
FACTS: A letter complaint sent to Drilon resulted in an of suspicion, were liable to be sued at law when their
ISSUE: WON Que was guilty of malicious prosecution. order to investigate several individuals, including indictment miscarried.
NO. Adaza, for their participation in the failed Dec. ’89 coup.
The preliminary investigation stated that there was A suit for MP will lie only in cases where a legal
HELD: Neither of them is GUILTY OF MALICE. To constitute probable cause to hold respondents for the crime of prosecution has been carried on without probable
malicious prosecution, there must be proof that the rebellion with murder and frustrated murder. Adaza cause.
prosecution was: filed a complaint for damages against Drilon for
1. Prompted by a sinister design to vex and
humiliate a person
2. Initiated deliberately by the defendant
malicious prosecution.

ISSUE: WON Drilon et al was guilty of malicious


 CLASS NOTES
prosecution. NO.  Reminder: memorize the definition of malicious
3. Knowing that his charges were false and prosecution.
groundless. HELD: There is no malicious prosecution in this case  There is no malicious prosecution because
The presence of probable cause signifies as a because the presence of probable cause signifies the none of the three elements were present (not
legal consequence the absence of malice. ONE CANNOT absence of malice. terminated with an acquittal, Drilon acted with
BE HELD LIABLE FOR DAMAGES FOR MALICIOUSLY INSTITUTING A probable cause as found in PI, no sinister
PROSECUTION WHERE HE ACTED WITH PROBABLE CAUSE. motive could be imputed).
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Torts Magic Notes for FINALS_revised by A2010 Prof. Casis _S.Y. 2007-
2008
 If there is probable cause, there is no malice.  Cited Manila Gas definition of Malicious complaint for qualified theft was filed against Ongsip but
 Take note of the statutory basis of malicious prosecution it was later dismissed. Ongsip then filed a complaint for
prosecution. damages
 Hernandez case ruling: Albenson v. CA, supra
ISSUE: WON there was malicious prosecution. YES
- If doubtful or difficult question of law is
applied – the law always accords to public FACTS: the 3 Baltao case where funds for check was
demanded by the company from the father Baltao… HELD: To constitute malicious prosecution, there must
officials the presumption of good faith be proof that the prosecution was prompted by a
- This is not applicable if the doctrine is clear sinister design to vex and humiliate a person that it was
enough. ISSUE: WON there was malicious prosecution. NO
initiated deliberately by the defendant knowing that his
HELD: The MERE ACT SUBMITTING a case to the authorities charges were false and groundless. THE MERE ACT OF
Globe Mackay v. CA, supra
for prosecution (only fiscal level) DOES NOT MAKE ONE LIABLE SUBMITTING A CASE TO THE AUTHORITIES FOR PROSECUTION DOES

FOR MALICIOUS PROSECUTION. NOT MAKE ONE LIABLE FOR MALICIOUS PROSECUTION.However, in
FACTS: Tobias was alleged to be the #1 suspect for this case, the circumstances of the case showed that
the fraudulent transactions he allegedly uncovered. He there was malicious intent in the filing of the complaint
The elements of malicious prosecution are:
was illegally dismissed and Hendry filed 6 criminal for qualified theft.
complaints against him although the findings of the
1. The fact that the prosecution
Police Chief Document Examiner absolved him from
guilt. All the complaints were dismissed in the fiscal
level.
and the further fact that the defendant was
himself the prosecutor, and that the action
was finally terminated with an acquittal
 CLASS NOTE

2. That in bringing the action,


 Dismissal of qualified theft case in fiscal level
ISSUE: WON there was malicious prosecution. YES the prosecutor acted without probable only  still possible to file MP.
cause  If the case only reached fiscal level…
HELD: The mere dismissal by the fiscal of the 3. The prosecutor was actuated GEN RULE: no MP
criminal complaint is not a ground for an award of or impelled by legal malice. EXCEPTION: if BF, with Malicious intent
damages for malicious prosecution if there is no
competent evidence to show that the complainant
acted in bad faith. (Even if still in the fiscal level, if
acted with BF then liable for damages)
 CLASS NOTE
 Gross negligence can prove bad faith. c. Public Humiliation
However, in this case, there was a malicious intent as  Bad faith = gross negligence. No gross
shown by the facts: negligence in this case. It was an innocent
Patricio v. Leviste
mistake.
1. The complaints were filed during the pendency  Cited Manila Gas definition of malicious
April 26, 1989
of the illegal dismissal case (2 of which were prosecution and Que for probable cause
refilled with Judge Advocate General’s office FACTS: Leviste smashed a beer bottle on the table
of the AFP to subject Tobias to military causing his hand to bleed. He then approached
Manila Gas v. CA Patricio, a Catholic priest, and slapped him. Patricio
courts),
October 30, 1980 filed a complaint for slander by deed which was
2. The threat of further suits by Hendry (that
dismissed. He then filed for damages.
they’ll be willing to file hundreds of suits FACTS: Manila Gas installed additional appliances and
against him just to find him liable) gas service connections in Ongsip’s compound. Since ISSUE: WON Leviste was liable for damages. YES.
3. The filing of the cases despite the police no gas consumption was registered in the meter,
reports exculpating Tobias Manila Gas issued instructions to change the gas HELD: Article 2219 applies. The act of slapping was
4. The eventual dismissal of the cases meter. Coronal then went to the compound and contrary to morals and good customs and caused
changed the meter without informing Ongsip. Coronal Patricio mental anguish, moral shock, wounded feelings
 CLASS NOTE
returned in the afternoon and took pictures. When
Ongsip asked about it, he was told to just go to the
office. In the office, he was told of the existence of a
and social humiliation.

 Competent proof of bad faith in filing the suit is


essential. jumper and was threatened with deportation. A
37
Torts Magic Notes for FINALS_revised by A2010 Prof. Casis _S.Y. 2007-
2008
On Moral Damages: The fact that no AD or CD was SERVE TO ALLEVIATE THE MORAL SUFFERING HE HAS UNDERGONE, BY Wrong without damage, or damage without wrong,
proven before the TC, does not adversely affect the REASON OF THE DEFENDANT’S CULPABLE ACTION. does not constitute a cause of action.
petitioner’s right to recover MD. IN OTHER WORDS: THE AWARD OF MD IS AIMED AT
RESTORATION WITHIN THE LIMITS OF THE POSSIBLE, OF THE Arts. 20 & 21 provide the legal bedrock for the award of
MD may be awarded in appropriate cases referred to in SPIRITUAL STATUS QUO ANTE, AND IT MUST BE PROPORTIONATE TO damages.
the chapter on human relations of the CC (Arts. 19-36), THE SUFFERING INFLICTED.
without need of proof that the wrongful act complained MD not awarded to penalize defendant or to enrich
of has caused any physical injury upon the PURPOSE OF ED OR CORRECTIVE DAMAGES: IMPOSED BY WAY OF complainant, but to enable the latter to obtain means,
complainant. EXAMPLE OR CORRECTION FOR THE PUBLIC GOOD, IN ADDITION TO THE diversions or amusements that will serve to alleviate the
MORAL, TEMPERATE, LIQUIDATED OR COMPENSATORY DAMAGES (ART. moral suffering he has undergone, by reason of
THE REASON UNDERLYING THE AWARD OF DAMAGES UNDER ART. 2229). defendant’s culpable action.
21, IS TO COMPENSATE THE INJURED PARTY FOR THE MORAL INJURY CANNOT BE RECOVERED AS A MATTER OF RIGHT; THE COURT WILL
CAUSED UPON HIS PERSON. (from report of the code) DECIDE WON THEY COULD BE ADJUDICATED. In any case, award of MD must be proportionate to the
CONSIDERING THAT THEY ARE AWARDED FOR WANTON ACTS, THAT sufferings inflicted.

 CLASS NOTE
THEY ARE PENAL IN CHARACTER GRANTED NOT BY
COMPENSATION BUT AS A PUNISHMENT TO THE OFFENDER AND AS A
WARNING TO OTHERS AS A SORT OF DETERRENT.
WAY OF

 CLASS NOTE
 Art 21 applies to even a slap in the face
 Manner of attacking without any amount of
Grand Union v. Espino Carpio vs. Valmonte proof- contrary to morals and good customs.
December 28, 1979 September 9, 2004
d. Unjustified Dismissal
FACTS: Jose Espino forgot to pay for a cylindrical rat FACTS: Valmonte, a wedding coordinator, was publicly
tail file when he left Grand Union Supermarket. He was accused by the bride’s aunt, Carpio, of stealing her Quisaba v. Sta. Inez
approached by the guard and made to file an incident jewelry. She was searched and questioned by the August 30, 1974
report. Espino offered to pay for the file but instead, his guard and the police. Carpio refused to apologize so
money was taken as an incentive to the guards for Valmonte filed a suit for damages. FACTS: Quisaba, an internal auditor of Sta. Ines, was
apprehending pilferers. A lot of people witnessed the ordered by Robert Hyde, the VP, to purchase logs for
incident. ISSUE: WON Valmonte should be awarded damages. the company’s plant. Quisaba refused because it
ISSUE: WON Espino can claim damages. YES. YES wasn’t part of his job. As a result, he was demoted.
Quisaba filed a complaint for damages, termination pay,
HELD: Espino was falsely accused of shoplifting. HELD: Carpio willfully caused Valmonte injury in a and attorney’s fees. Sta. Ines said that the NLRC had
Defendants willfully caused loss or injury to the plaintiff manner contrary to morals and good customs. jurisdiction.
in a manner contrary to morals, good customs, or public Although Carpio had the right to know the identity of the
policy making them amenable to damages under Arts. thief, she should not have openly accused Valmonte ISSUE: WON the regular courts had jurisdiction. YES
19 and 21 in relation to Art. 2219 of the Civil Code. without further proof.
HELD: Quisaba’s complaint was grounded not on his
It is against morals, GC, and public policy to humiliate, Moral damages are awarded whenever the defendant’s dismissal but rather ON THE MANNER OF HIS DISMISSAL AND ITS
embarrass and degrade the dignity of a person. wrongful act or omission is the proximate cause of the CONSEQUENT EFFECTS. IF THE DISMISSAL WAS DONE ANTI-SOCIALLY
Everyone must respect the dignity, personality, privacy plaintiff’s physical suffering, mental anguish, fright, OR OPPRESSIVELY, THEN THE RESPONDENTS VIOLATED ARTICLE
and peace of mind of his neighbors and other persons. serious anxiety, besmirched reputation, wounded 1701, which prohibits acts of oppression by either
(Art. 26). And one must act with justice, give everyone feelings, moral shock, social humiliation, and similar capital or labor against the other, and Article 21, which
his due and observe honesty and GF (Art. 19). injury specified or analogous to those provided in Article makes a person liable for damages if he willfully causes
2219 of the Civil Code. loss or injury to another in a manner that is contrary to
PURPOSE OF MD: ESSENTIALLY INDEMNITY OR REPARATION, BOTH morals, good customs, or public policy.
PUNISHMENT OR CORRECTION
To warrant recovery of damages, there must be both a


NOT INTENDED TO ENRICH A COMPLAINANT AT THE EXPENSE OF A
right of action, for a wrong inflicted by the defendant
DEFENDANT; THEY ARE AWARDED ONLY TO ENABLE THE INJURED
and the damage resulting therefrom to the plaintiff. CLASS NOTE
PARTY TO OBTAIN MEANS, DIVERSION OR AMUSEMENTS THAT WILL
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2008
 Standard of dismissal laid down in this case: Elements: though they may not constitute a criminal offense, shall
dismissal was done “anti-socially or (1) material or moral loss produce a cause of action for damages, prevention, and
oppressively.” (2) public servant’s refusal or neglect to perform duty other relief:
(3) without just cause (1) Prying into the privacy of another’s residence;
Medina v. Castro-Bartolome (2) Meddling with or disturbing the private life or family
September 11, 1982 Amaro v. Sumaguit relations of another;
July 31, 1962 (3) Intriguing to cause another to be alienated from
FACTS: Cosme de Aboitiz, President and CEO of his friends;
Pepsi, shouted and cursed at the plaintiffs in front of FACTS: Jose Amaro was assaulted and shot near the (4) Vexing or humiliating another on account of his
their subordinate employees. The petitioners filed a city government building. The following day, he along religious beliefs, lowly station in life, place of birth,
case of oral defamation against de Aboitiz. It was with his father and witnesses, went to the Chief of physical defect, or other personal condition.
dismissed since the jurisdiction of claims was Police to seek assistance but were not rendered
transferred from the CFI to the Labor Arbiters. assistance. The city attorney was about to file an St. Louis v. CA
information for illegal discharge of firearms against the November 14, 1984
ISSUE: WON the Labor Code applies. NO assailant. However, the Chief of Police started to
harass the Amaros, coercing them to sign an affidavit FACTS: St. Louis Realty caused to be published an ad
HELD: The plaintiffs did not allege any unfair labor absolving the police officers of any liability. The Amaros depicting the Arcadio Family in front of Dr. Aramil’s
practice. It was an action for damages for tortious then filed a suit for damages. residence, making it appear that the house was owned
acts allegedly committed by the defendants. Such by the Arcadios. Aramil protested. Plaintiff stopped
being the case, the governing statute is the Civil Code ISSUE: WON the Amaros’ action under Article 21 publication, but did not rectify. Aramil extra judicially
and not the Labor Code. and/or 27 would prosper. YES demanded damages. This is when St Louis Realty
published a new ad showing the Arcadios in their real
HELD: The Amaros’ claim for relief was based on the home. Aramil filed complaint for damages claiming
Chief of Police’s refusal to give assistance, which was mental anguish and reduction in income. TC awarded
his duty to do as an officer of the law. What is actual and moral damages. CA affirmed.
required under Art. 27 is that the refusal must be
without just cause. ISSUE: WON acts and omissions of the firm fall under
Art. 26
B. Unfair Competition
Art. 28. Unfair competition in agricultural or industrial HELD: Yes. St. Louis Realty was grossly negligent in
enterprises or in labor through the use of force, mixing up the residences. It never made any written
intimidation, deceit, machination or any other unjust, apology and explanation of the mix-up. Persons who
oppressive or highhanded method shall give rise to know Dr. Aramil were confused by the distorted
aright of action by the person who thereby suffers lingering impression that he was renting his residence.
damage. His private life was mistakenly and unnecessarily
exposed. He suffered diminution of income and mental
IX. OTHER TORTS

A. Dereliction of Duty
 CLASS NOTE
anguish.

Damages fixed by TC are sanctioned by Arts. 2200,


 Unfair competition: designed to place your
Art. 27. Any person suffering material or moral loss 2208 and 2219 of the Civil Code. Art. 2219 allows moral
products in a better light.
because a public servant or employee refuses or damages for acts and actions mentioned in Art. 26.
 Should be in the context of giving advantage
neglects, without just cause, to perform his official duty to one party (eg. derogatory commercials)
may file an action for damages and other relief against
the latter, without prejudice to any disciplinary C. Violation of Human Dignity
 CLASS NOTE
administrative action that may be taken.  This is an action for damages for wrongful
Art. 26. Every person shall respect the dignity,
personality, privacy and peace of mind of his neighbor advertisement  shows that Art 26 is very
 CLASS NOTE
and other persons. The following and similar acts, broad.
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2008
Concepcion v. CA Art. 2195. The provisions of this Title shall be
January 31, 2000 respectively applicable to all obligations mentioned in

FACTS: Florence Concepcion, lessor of the Nicolas


spouses, joined Nestor Nicolas’ business venture by
Article 1157.
Art. 2197. Damages may be:
 CLASS NOTES
(1) Actual or compensatory;  Important for the distinction between damage,
contributing capital. Rodrigo, Florence’s brother-in-law, (2) Moral; injury and damages
angrily accosted Nestor at the latter’s apartment and (3) Nominal;  Mere fact that plaintiffs suffer damage doesn’t
accused him of conducting an adulterous relationship (4) Temperate or moderate; mean that there’s right of action
with Florence. As a result, Nestor felt extreme (5) Liquidated; or  To warrant recovery of damages:
embarrassment. He could not face his neighbors (6) Exemplary or corrective. -Legal right on the part of plaintiff
anymore. Florence also backed out of the venture, so -Injury caused to plaintiff
that the business declined. Nestor’s wife started to
doubt his fidelity and even threatened to leave him. The People v. Ballesteros
spouses filed a civil suit against Rodrigo for damages.
FACTS: Murder, through gunshot wounds, question II. Kinds of Damages
ISSUE: WON spouses can recover damages amt of damages awarded A. Actual or compensatory
Art. 2216. No proof of pecuniary loss is necessary in
HELD: Yes. Examples mentioned in Art. 2219 and 26 *DAMAGES may be defined as THE PECUNIARY order that moral, nominal, temperate, liquidated or
COMPENSATION, RECOMPENSE, OR SATISFACTION FOR AN INJURY exemplary damages, may be adjudicated. The
are not exclusive but are merely examples and do not
SUSTAINED, OR AS OTHERWISE EXPRESSED, THE PECUNIARY assessment of such damages, except liquidated ones,
preclude other similar or analogous acts. Damages
therefore are allowable for actions against a person’s CONSEQUENCES WHICH THE LAW IMPOSES FOR THE BREACH OF SOME is left to the discretion of the court, according to the
DUTY OR THE VIOLATION OF SOME RIGHT. circumstances of each case.
dignity. Under Art. 2217, moral damages may be
recovered if they are the proximate result of the Art. 2199. Except as provided by law or by stipulation,
defendant’s wrongful act or omission. Actual or compensatory damages are those awarded one is entitled to an adequate compensation only for
in satisfaction of, or in recompense for, loss or injury such pecuniary loss suffered by him as he has duly
*Philosophy behind Art. 26: THE TOUCHSTONE OF EVERY sustained, whereas moral damages may be invoked proved. Such compensation is referred to as actual or
SYSTEM OF LAW, OF THE CULTURE AND CIVILIZATION OF EVERY
when the complainant has experienced mental anguish, compensatory damages.
COUNTRY IS HOW FAR IT DIGNIFIES MAN. THUS, UNDER THIS ARTICLE,
serious anxiety, physical suffering, moral shock, and so
THE RIGHTS OF PERSONS ARE AMPLY PERFECTED AND DAMAGES ARE
forth, and had furthermore shown that these were the Art. 2200. Indemnification for damages shall
PROVIDED FOR VIOLATIONS OF A PERSON’S DIGNITY, PERSONALITY,
proximate result of the offender’s wrongful act or comprehend not only the value of the loss suffered, but
PRIVACY AND PEACE OF MIND.
omission. also that of the profits which the obligee failed to obtain.

Human personality must be exalted. Sacredness of


human personality is the concomitant consideration of
every plan for Human Amelioration.
 CLASS NOTES
Art. 2205. Damages may be recovered:
(1) For loss or impairment of earning capacity in cases
of temporary or permanent personal injury;
 Important for the definition of damages
(2) For injury to the plaintiff's business standing or
 For actual damages, the party making claim commercial credit.
must present best evidence.
X. DAMAGES

 CLASS NOTE
Custodio v. CA

FACTS: built Adobe fence on the right of way  CLASS NOTES


 Damages is not limited to quasi-delicts
(also includes contracts, quasi-contracts  It is expressly provided for in Art. 2199 that
There is a material distinction between damages and
and delicts). there should be proof of pecuniary damages
injury. INJURY is the ILLEGAL INVASION OF A LEGAL RIGHT;
for AD or CD
DAMAGE is the LOSS, HURT, OR HARM WHICH RESULTS FROM
I. Definition and Concept THE INJURY; and DAMAGES are the RECOMPENSE OR
 Take note of what indemnity is included in Art.
COMPENSATION AWARDED FOR THE DAMAGES SUFFERED.
2200
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Torts Magic Notes for FINALS_revised by A2010 Prof. Casis _S.Y. 2007-
2008
 Art. 2205 provides for the kinds of AD which Loss of profits of an established business which was QDs, or in every case where property right has been
the plaintiff may recover yielding fairly steady returns at the time of its invaded.
interruption by defendant’s wrongful act is not so
Algarra v. Sandejas speculative or contingent that a court of justice may ND are damages in NAME only and NOT IN FACT.
refuse to allow the plaintiff any damages at all. Where these are allowed, they are not treated as an
FACTS: Plaintiff Algarra received personal injuries from equivalent of a wrong inflicted but simply in recognition
a collision with the defendant Saldejas’ automobile due 1. Kinds of the existence of a technical injury.
to the negligence of the defendant, who was driving the
car. Plaintiff sold the products of a distillery as a PNOC v. CA The amount to be awarded as ND shall be equal or
commission agent and had about twenty regular at least commensurate to the injury sustained
customers, who purchased his wares in small considering the concept and purpose of such damages.
FACTS: The M/V Ma. Efigenia XV, owned by
quantities, necessitating regular and frequent deliveries. respondent Ma. Efigenia Fishing Corp. collided with the
Being unable to attend to their wants during their wants
during the two months he was incapacitated due to the
accident, his regular customers turned their trade to
vessel Petroparcel which at the time was owned by the
Luzon Stevedoring Co. The Board of Marine Inquiry
 CLASS NOTES
rendered a decision finding the Petroparcel at fault and  The basic rule in recovering AD: it is sufficient
other competing agents. thus the respondent filed an action for damages against that damages are capable of proof in order to
Luzon Stevedoring and the Petroparcel’s captain. recover (AD)
HELD: Under both the Spanish Civil Code and During the pendency of the case, petitioner PNOC  There should be a record to serve as proof
American law of damages, actual damages for a acquired the Petroparcel and was substituted in place presented before the Court
negligent act or omission are confined to those which of Luzon Stevedoring in the complaint.  There are cases which say that providing a list
“were foreseen or might have been foreseen” or those of expenses is not enough—there has to be
which were “the natural and probable consequences” or HELD: ACTUAL OR COMPENSATORY DAMAGES ARE THOSE receipts, etc.—PROOF SHOULD BE VERY
“the direct and immediate consequences” of the act or AWARDED IN SATISFACTION OF, OR IN RECOMPENSE FOR LOSS OR FACTUAL
omission. INJURY SUSTAINED. THEY PROCEED FROM A SENSE OF NATURAL  Proof required: reasonable certainty upon
JUSTICE AND ARE DESIGNED TO REPAIR THE WRONG THAT HAS BEEN competent proof
In this jurisdiction, the author of a negligent act or DONE, TO COMPENSATE FOR THE INJURY INFLICTED AND NOT TO  Two (2) kinds of AD or CD:
omission which causes damage to another is obliged to IMPOSE A PENALTY. 1. Dano emergente-actual
repair the damage done. No distinction is made
2. Lucro cesante-loss of profit
between damage caused maliciously and intentionally In actions based on QD-AD include all the natural and
and damages caused through mere negligence in so far probable consequences of the act or omission
as civil liability is concerned. Nor is the defendant Integrated Packing v. CA
complained of.
required to do more than repair the damage done or to
put the plaintiff in the same position that he would have Petitioner Integrated Packing Corporation (IPC) and
2 kinds of AD or CD:
been in had the damage not been inflicted. respondent Fil-Anchor Paper entered into an
1. The loss of what a person already possesses
agreement whereby Fil-Anchor bound itself to deliver
(daño emergente)
This is practically equivalent to compensatory or actual 3,450 reams of printing paper to IPC, to be paid within
2. the failure to receive as a benefit that which
damages as those terms are used in American law. 30 to 90 days from delivery. Later, IPC entered into a
would have pertained to him (lucro cesante)
contract with the Philippine Appliance Corporation
*THE (Philacor) to print three volumes of “Philacor Cultural
PURPOSE OF THE LAW IN AWARDING ACTUAL DAMAGES IS TO On Nominal Damages:
REPAIR THE WRONG THAT HAS BEEN DONE, TO COMPENSATE FOR THE Books.”
When awarded: in the absence of competent proof
INJURY INFLICTED, AND NOT TO IMPOSE PENALTY. on the AD suffered-entitled to ND, which the law says is
However, IPC encountered problems paying Fil-Anchor
adjudicated in order that a right of the plaintiff, which
Pain or suffering, whether physical or mental, are not and became heavily indebted to the latter. This led to
has been violated or invaded by the defendant may be
elements of actual or compensatory damages in this Fil-Anchor suspending deliveries of paper to IPC. Thus,
vindicated and recognized, and not for the purpose of
jurisdiction. Aside from this exception, the measure of out of the agreed upon 3,450 reams, only 1097 were
indemnifying the plaintiff for any loss suffered.
damages in this country and in the US is arrived at by delivered., despite demand by IPC for Fil-Anchor to
the same evidence. deliver the balance.
-awarded in every obligation arising from law, contracts,
quasi-contracts, acts or omissions punished by law and
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Torts Magic Notes for FINALS_revised by A2010 Prof. Casis _S.Y. 2007-
2008
Meanwhile, IPC entered into an additional printing damages have been foreseen or could have reasonably being equal, the person who has more pieces
contract with Philacor. Unfortunately, IPC failed to fully been foreseen by the defendant. of evidence wins
comply with its contract for the printing of Philacor’s  What should be the basis: admissibility issue
books and thus Philacor demanded compensation for aside: number and quality of evidence
delay and damage suffered. CLASS NOTES presented and this is what makes it
 Art. 2201 lays down the distinction between preponderant
Because IPC also not able to fully settle it’s good faith and bad faith (in bad faith—  you should also prove your allegations though
indebtedness to Fil-Anchor, the latter filed a collection whatever damage happens) not necessarily beyond reasonable doubt
suit against it. In its counterclaim, IPC alleged that  Last sentence of Art. 2202 problematic—some
because Fil-Anchor was only able to deliver 1097 cases use forseeability as an element of QD
reams of paper it was unable to fulfill its contract with  Forseeability: DBP v. CA
Philacor and thus failed to realize expected profits. In elements: may be required
In damages: not required Lydia Cuba was the grantee of a fishpond lease
Indemnification for damages comprehends not only the  Reasonable certainty required: allege specific agreement with the government, the rights to which she
loss suffered, that is to say actual damages facts, Present best evidence assigned to DBP as security for loans the latter
(damnum emergens), but also profits which the extended to her. After Cuba failed to meet the terms of
 Quantum of evidence required: preponderance
obligee failed to obtain (lucrum cessans). payment on the loans, the DBP, without foreclosure
of evidence
proceedings of any kind, appropriated Cuba’s leasehold
 CLASS NOTES
3. Certainty
-possible that the exact value (peso) is not known.
rights over the fishpond.

 The Court here gave the two kinds CD—dano Subsequently, DBP executed a deed of conditional sale
emergente and lucro cesante PNOC v. CA in favor of Cuba over the same fishpond. However,
 Problem with the evidence presented—mere Cuba once again was unable to meet the amortizations
estimates FACTS: Collision of 2 vessels stipulated which led to DBP rescinding the deed of
 Court disallowed mere estimates because they conditional sale and taking possession of not only the
are highly speculative and manifestly Certainty: to enable an injured party to recover AD or fishpond but also a house Cuba had built next to it as
hypothetical CD, he is required to prove the actual amount of loss well, along with all the personal belongings,
 CD here was strictly construed with reasonable degree of certainty premised upon machineries, equipment, and tools therein, which
competent proof and on the best evidence available. subsequently, it was claimed, went missing.
2. Extent
Burden of Proof: on the party who would be defeated if DBP allegedly also prevented Cuba and her
Art. 2201, CC - In contracts and quasi-contracts, the representatives from feeding the fish already in the
damages for which the obligor who acted in good faith no evidence would be presented on either side.
fishpond which led to their loss.
is liable shall be those that are the natural and probable
consequences of the breach of the obligation, and Evidence Required: He must establish his evidence by
PREPONDERANCE OF EVIDENCE, which means that As to the losses Cuba allegedly suffered when DBP
which the parties have foreseen or could have took possession of the fishpond, the court said: Actual
reasonably foreseen at the time the obligation was the evidence, as a whole, adduced by one side is
superior to that of the other. or compensatory damages cannot be presumed, but
constituted. must be proved with reasonable degree of certainty. A
Damages are not presumed: damages cannot be court cannot rely on speculation, conjectures, or
In case of fraud, bad faith, malice or wanton attitude, guesswork as to the fact and amount of damages, but
the obligor shall be responsible for all damages which presumed and courts, in making an award must point
out specific facts that could afford a basis for measuring must depend upon competent proof that they have
may be reasonably attributed to the non-performance of been suffered by the injured party and on the best
the obligation. whatever CD or AD are borne.
obtainable evidence of the actual amount thereof. It


must point to specific facts which could afford a basis
Art. 2202, CC - In crimes and quasi-delicts, the for measuring whatever compensatory or actual
CLASS NOTES
defendant shall be liable for all damages which are the damages are borne.
natural and probable consequences of the act or  Problem here with preponderance of evidence
omission complained of. It is not necessary that such is that it became COMPARATIVE—all things
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Torts Magic Notes for FINALS_revised by A2010 Prof. Casis _S.Y. 2007-
2008
CA: reduced it to 1M

 CLASS NOTES
Of the expenses alleged to have been incurred, the
Court can only give credence to those supported by
receipts and which appear to have been genuinely
ISSUE: WON the extent of the unrealized profits
suffered by the plaintiffs were proven with the certainty
 DBP’s acquisition of the leasehold rights
wasn’t valid expended in connection with the death of the victim. required by law.
 Problem with AD here: Court said AD was
speculative because actual ocular inspection
was done after the filing of the complaint and
 CLASS NOTES
HELD: Yes. The rule is that damages consisting of
unrealized profits, frequently referred to as ganancias
frustradas or lucrum cessans, are not granted on the
that they should have made an inventory  This case demonstrates how important the
basis of mere speculation, conjecture or surmise but
 Sir: Just because certain damages were found quality of your evidence is (i.e. testimony for
rather by reference to some reasonably definite
out after the filing of the compliant doesn’t damages by someone who is an interested standard such as market value, established experience
make the damages speculative. Besides who party is weak) or direct inference from known circumstances.
in the provinces makes an inventory of
bangus, etc.
Uncertainty as to whether or not a claimant suffered
 This case shows that you should be ready with Talisay-Silay v. Assosiacion unrealized profits at all, i.e. uncertainty as to the very
documents fact of injury, will, of course, preclude recovery of this
August 15, 1995
species of damages. Where, however, it is reasonably
Fuentes, Jr. v. CA FACTS: On the 15th of February, 1966, the Talisay- certain that injury consisting of the failure to realize
Silay Milling Co. (TSMC) and the Talisay-Silay Industrial otherwise reasonably expected profits had been
Julieto Malaspina was at a benefit dance when incurred, uncertainty as to the precise amount of such
Cooperative Association, Inc. (TSICA) instituted an
Alejandro Fuentes, Jr. put his arm on the former’s unrealized profits will not prevent recovery or the award
action for damages against defendants Asociacion de
shoulder saying “Before, I saw you with long hair but of damages. The problem then would be ascertainment.
Agricultores de Talisay-Silay, Inc. (AATSI), First
now you have a short hair,” whereupon Fuentes
Farmers Milling Co., Inc. (FFMCI), Dominador
stabbed Malaspina in the abdomen with a hunting knife In the instant case, plaintiff’s computations as to the
Agravante and other individual sugar planters. And
and fled. amount of unrealized profit were based on fairly
Ramon Nolan in his personal and official capacity as
administrator of the Sugar Quota administration, definite standards utilized by the governmental agency
Subsequently, Fuentes was convicted of murder. having relevant administrative jurisdiction over the
alleging an illegal transfer of sugar quota allotment or
During the trail, Malaspina’s sister testified that she subject matter and accounting standards widely
production allowance from TSMC to FFMCI.
incurred expensed of P8,300 in connection with his employed in the world of business and commerce.
death and the trial court awarded this amount as actual Combined with credible testimony, these provide
In short, what happened was that instead of having the
damages. sufficient basis for a reasonable estimate of the
sugar forming their export quota milled by TSMC as
they had always done in the past, the defendants had unrealized net income or profit sustained by plaintiffs.
However, the Supreme Court held that the trial court
their sugar milled at FFMCI instead, in violation of
was in error to have awarded the P8,300 as actual
damages on the basis of mere testimony of the victim’s
sister, without any tangible document to support such
Section 4 of RA 1825, “An Act to Provide for the
Allocation, Re-allocation and administration of Absolute
Quota on Sugar,” which provides certain requirements
 CLASS NOTES

claim.  Financias Postradas?


that need to be met before a sugar planter’s sugar o Lost profits
quota allotment can be transferred from one mill to o Standard required by the Court for this:
In crimes and quasi-delicts, the defendant is liable for
another. accounting standards, pricing of Sugar Quota
all damages which are the natural and probable
consequences of the act or omission complained of. To Administration
This started nearly thirty years of litigation between the
seek recovery for actual damages it is essential that the  When a property is damaged and you claim
parties. In the end, the Supreme Court ruled that the
injured party proves the actual amount of loss with AD, PNOC case provides for guidelines on
transfer of their export sugar quota by AATSI and
reasonable degree of certainty premised upon how to determine value of property (at what
certain individual planters from TSMC to FFMCI was
competent proof and on the best evidence available. point do you count)
illegal and invalid and found the defendants liable to the
Courts cannot simply rely on speculation, conjecture or  Court here said: value AT TIME OF LOSS. If
plaintiffs for damages.
guesswork in determining the fact and amount of this takes into account profits=FMV
damages.
TC: 15.4 M
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Torts Magic Notes for FINALS_revised by A2010 Prof. Casis _S.Y. 2007-
2008
 Bottom line if FMV-but this can be construed in 3. If fair market value already includes
a # of ways the possible contracts, then that is the FACTS: under a coma because of wrongful intubation
 Why FMV: Assessed value is lower (that’s why value to be used.
this is being used as basis for tax) TC: 8k per month from time when moved from hospital
 The company in PNOC did different—it took to the time of trial (the 8k was an estimate of the
into account inflation expenses incurred and proven before time of trial)

CA: reversed, Ramos pay for hospital bills

4. Damage to property HELD:

Amount of AD recoverable in suits arising from


PNOC v. CA
5. Personal Injury and Death negligence: should at least reflect THE CORRECT MINIMUM
COST OF PROPER CARE (SA CASE OPTIMAL CARE FOR THEIR LOVED
Where goods are destroyed by the wrongful act of the
Art. 2206. The amount of damages for death caused by ONE IN A FACILITY WHICH GENERALLY SPECIALIZES IN SUCH CARE) ,
defendant the plaintiff is entitled to their value at the
a crime or quasi-delict shall be at least three thousand not the cost of the care the family is usually compelled
time of destruction, that is, normally, the sum of money
pesos, even though there may have been mitigating to undertake at home to avoid bankruptcy (but the CC
which he would have to pay in the market for identical
circumstances. In addition: presents us with difficulties)
or essentially similar goods, plus in a proper case
damages for the loss of use during the period before
(1) The defendant shall be liable for the loss of the Well-settled rule: that AD which may be claimed by the
replacement.
earning capacity of the deceased, and the indemnity plaintiff are those suffered by him as he has duly
shall be paid to the heirs of the latter; such indemnity proved. (problem – NATURE of AD: only award for AD
In other words, in the case of profit-earning chattel s,
shall in every case be assessed and awarded by the proven up to the time of trial)
what has to be assessed is the value of the chattel to its
owner as a going concern at the time and place of the court, unless the deceased on account of permanent
physical disability not caused by the defendant, had no Continuing injury: if the amount of damages has not
loss, and this means, at least in the case of ships, that
earning capacity at the time of his death; yet been completely liquidated because the resulting
regard must be had to existing and pending
injury is “continuing,” then the amount of damages
engagements.
(2) If the deceased was obliged to give support which should be awarded, if they are to adequately
according to the provisions of Article 291, the recipient correspond to the injury caused should be one which
In the instant case, the pieces of documentary evidence
who is not an heir called to the decedent's inheritance compensates for the pecuniary loss incurred and
proffered by private respondent with respect to the
by the law of testate or intestate succession, may proved, up to the time of the trial; and one which would
items and equipment lost show similar items and
demand support from the person causing the death, for meet pecuniary loss certain to be suffered but which
equipment with corresponding prices approximately ten
a period not exceeding five years, the exact duration to could not, from the nature of the case be made with
years after the collision.
be fixed by the court; certainty.
In other words, temperate damages can and should
NOTES: Rule: amount at the time of the loss. cf
(3) The spouse, legitimate and illegitimate descendants be awarded on top of actual or compensatory damages
Gatchalian v. Delim (where the girl was given 15k for
and ascendants of the deceased may demand moral in instances where the injury is chronic and continuing
plastic surgery)
damages for mental anguish by reason of the death of (There is no incompatibility when both AD and TD are
provided for).
 CLASS NOTES
the deceased.

o PNOC gives guidance as to how actual


damages are computed:
 CLASS NOTES  CLASS NOTES

Art. 2206 provides for earning capacity which • According to the Court, the standard is the
1. Price (fair market value) at the time of 
correct minimum cost of proper care and not
loss, not what the price is at the time is NOT equal to actual income
what they actually spent in order not to
of the ruling
prejudice those who are poor
2. In PNOC, inflation was taken into Ramos v. CA
account. December 29, 1999
• SC is limited to 8k/month because of the
NATURE OF AD: must be proven
44
Torts Magic Notes for FINALS_revised by A2010 Prof. Casis _S.Y. 2007-
2008
• Ramos case is important because AC is not INTEGRITY, GIVING RISE TO A LEGITIMATE CLAIM FOR RESTORATION TO over the sale of a handgun, ensued and ending with
just those up to the time of trial but also those HER CONDITION ANTE. Gestala’s death from three gunshot wounds.
certain to be suffered


Lesson here: dramatize plight of your client
If opposition: minimize plight of victim  CLASS NOTES
During the trial, an aunt of the victim was presented and
testified mainly on the expenses their family incurred as
a result of the death of the victim.
• This case is always cited to support that
Gatchalian v. Delim plastic surgery can be the subject of AD. After trial, Mangahas was found guilty sentenced to
October 21, 1991 • Nature of action here: breach of contract of reclusion perpetua.
common carrier
FACTS: Reynalda Gatchalian boarded, as a paying
• Sir: is there a health risk if you have a scar? P14, 950 was also awarded for funeral and burial
passenger, a minibus owned by the Delim spouses,
So purely aesthetic? expenses as well as P28, 890 for food during the vigil,
respondents in this case. She was allegedly on her way
• What was the proof offered for the scar? 9th day, 40th day, and 1st year anniversaries of the death
to confer with the district supervisor of public schools for
a substitute teacher’s job. • Expert testimony: alleged cost of 5-10k of the victim.
• Yet SC granted 15k based on a presumption
that plastic surgery would cost more after ISSUE: WON the award of damages for funeral, burial,
Later, while the bus was running along the highway, a
several years (SO AD became speculative and food expenses was proper.
snapping sound was suddenly heard and shortly
thereafter, the vehicle bumped a cement flower pot on AND NOT PROVEN).
• Sir: technology makes things cheaper but SC HELD: Not entirely. Of the expenses allegedly incurred,
the side of the road, went off the road, turned turtle and
here gave a presumption the Court can only give credence to those supported by
fell into a ditch.
• Most intriguing is the language of the Court— receipt and which appear to have been genuinely
the longer the scar has been, the more difficult incurred in connection with the death, wake, or burial of
Several passengers, including Gatchalian, were injured
it is to remove the victim.
and were promptly taken to a hospital for medical
treatment. • Gatchalian ruling is OK but the reasoning is
funny Thus, the Court cannot take account of receipts
showing expenses incurred before the date of the
The aforementioned events led Gatchalian to file an • This is still law so women can take advantage
slaying of the victim; those incurred after a CONSIDERABLE
action extra contractu to recover compensatory and of this
LAPSE OF TIME FROM THE BURIAL and which do not have any
moral damages. She alleged in her complaint that her • The case also cited Araneta vs. Areglado relation to the death, wake or burial of the victim; or
injuries had left her with a conspicuous white scar on where a young boy sued for costs of surgery those incurred for purely aesthetic or social purposes,
her forehead, generating mental suffering and feeling of for removal of his scar on his face which such as the lining of the tomb.
inferiority on her part. caused a degenerative process and inferiority
She also alleged that the scar diminished her facial
beauty and deprived her of opportunities for
complex to the boy. Therefore since in this
case it was just a boy, it was easier to remove
the scar. In Reynalda’s case, she was older so
 CLASS NOTES
employment. SC-removed from AC what it thought was extravagant
SC ASSUMED that removing scar would be
harder
ISSUE: WON the Delims are liable for the cost of Victory Liner, Inc. vs. Heirs of Andres
• Skewed in favor of the beautiful
plastic surgery to remove the scar on Gatchalian’s Malecdan
forehead. • Relevance nung “snapping sound” accdg to
sir: baka naman may turtle kaya nag-turn turtle December 27, 2002
HELD: Yes. A ung bus!
PERSON IS ENTITLED TO THE PHYSICAL INTEGRITY FACTS: While Andres Malecdan, a 75 year-old farmer,
OF HIS OR HER BODY; IF THAT INTEGRITY IS VIOLATED OR DIMINISHED, was crossing the National Highway on his way home
People v. Mangahas
ACTUAL INJURY IS SUFFERED FOR WHICH ACTUAL AND from the form, a Dalin Liner bus stopped to allow him
COMPENSATORY DAMAGES ARE DUE AND ASSESSABLE. Petitioner July 28, 1999 and his carabao to pass. However, as Malecdan was
Gatchalian is entitled to be placed as nearly as possible crossing the highway, a bus of petitioner Victory Liner
in the condition that she was in before the mishap. FACTS: The accused Rufino Mangahas and the late bypassed the Dalin bus and in doing so hit the old man
Rufino Gestala were drinking at a store near the latter’s and his carabao, eventually killing both of them.
A SCAR, ESPECIALLY ONE ON THE FACE OF A WOMAN, RESULTING house when an altercation between the two, allegedly
FROM THE INFLICTION OF INJURY UPON HER, IS A VIOLATION OF BODILY
45
Torts Magic Notes for FINALS_revised by A2010 Prof. Casis _S.Y. 2007-
2008
The trial court found both the driver and Victory Liner, (2) When the defendant's act or omission has interest and for “at least double judicial costs”,
Inc. guilty of gross negligence and awarded, among compelled the plaintiff to litigate with third persons or to the person must have done something really
others, actual damages amounting to P88, 339. incur expenses to protect his interest; bad AND be liable for a greater degree
• Why ED only? Why not for other damages as
ISSUE: WON the award of P88, 339 in actual damages (3) In criminal cases of malicious prosecution well?
is proper. against the plaintiff; • What is the rationale for the enumeration? “A
person is free to litigate.” (Except 2208)
HELD: No, it is not. To justify an award for actual (4) In case of a clearly unfounded civil action or
damages, there should be proof of the actual amount of proceeding against the plaintiff; Quirante v. Intermediate Appellate Court
loss incurred in connection with the death, wake or
January 31, 1989
burial of the victim. (5) Where the defendant acted in gross and
evident bad faith in refusing to satisfy the plaintiff's FACTS: Dr. Indalecio Casasola had a contract with a
The Court cannot take into account receipts showing plainly valid, just and demandable claim; building contractor named Norman Guerrero. The
expenses incurred some time after the burial of the
Philippine American General Assurance Co. Inc.
victim, such as expenses relating to the 9th day, 40th day (6) In actions for legal support; (PHILAMGEN) acted as bondsman for Guerrero.
and 1st year death anniversaries.
(7) In actions for the recovery of wages of In view of Guerrero’s failure to perform his part of the
In the instant case, the trial court awarded P88, 339 as household helpers, laborers and skilled workers; contract within the period specified, Dr. Casasola,
actual damages. While these are duly supported by
through his counsel, Atty. John Quirante, sued both
receipts, these included the amount of P5, 90, the cost (8) In actions for indemnity under workmen's Guerrero and PHILAMGEN.
of one pig, which had been butchered for the 9th day compensation and employer's liability laws;
death anniversary. This item cannot be allowed,
The trial court found for Dr. Casasola and aside from
(9) In a separate civil action to recover civil liability awards of actual, moral, and exemplary damages,
PRIMARY Responsibility of employers: for the arising from a crime; ordered PHILAMGEN to pay the plaintiff the amount of
negligence of their employees in the performance of
the surety bond equivalent to P120, 000.
their duties, therefore the injured party may recover (10) When at least double judicial costs are
from the employers DIRECTLY, regardless of the awarded; PHILAMGEN filed a notice of appeal but the same was
solvency of their employees.
not given due course because it was supposedly filed
(11) In any other case where the court deems it out of time. The trial court thereafter issued a writ of
On Exemplary Damages: imposed not to enrich one just and equitable that attorney's fees and expenses of execution.
party or impoverish another but to serve as a deterrent litigation should be recovered.
against or as a negative incentive to curb socially
A petition was filed before the IAC to compel the trial
deleterious actions. In all cases, the attorney's fees and expenses of court to give due course to the appeal. However, the
litigation must be reasonable. petition was dismissed and so the case was elevated to
 CLASS NOTES
the Supreme Court. In the meantime, Dr. Casasola died
leaving his widow and several children.
 The Court cherry-picked! Specifically deleted
an item which was too extravagant.  CLASS NOTES After Casasola’s death, Quirante filed a motion in the
trial court for the confirmation of his attorney’s fees
• Attorney’s fees are in the form of damages
5. Attorney’s Fees (nasa title on damages) alleging that there was an oral agreement between him
Art. 2208. In the absence of stipulation, attorney's fees • Also in the form of AD and the late Dr. Casasola with regard to the said fees
and expenses of litigation, other than judicial costs, and allegedly confirmed by his widow in writing.
• MEMORIZE THIS ARTICLE!
cannot be recovered, except: • You can’t recover outside the listing of 2008
The trial court granted the motion despite opposition
unless there is a stipulation
(1) When exemplary damages are awarded; thereto hence the instant petition before the Supreme
• AS regards the gen rule and exception, sir said Court.
it can be BOTH
• Why may one recover attorney’s fees under
those listed? –person is forced to protect his
46
Torts Magic Notes for FINALS_revised by A2010 Prof. Casis _S.Y. 2007-
2008
ISSUE: WON the attorney’s fees being claimed are the March 9, 1999 paragraph 2, above, shall be 12% per annum from such
same attorney’s fees contemplated in article 2208 of finality until its satisfaction, this interim period being
the Civil Code. 1. Rules on Interest deemed to be by then an equivalent to a forbearance of
In Eastern Shipping Lines, Inc. v. Court of Appeals, the credit.
HELD: No. What is being claimed here as attorney’s Court gave the following guidelines for the application
fees is different from attorney’s fees as an item of of the proper interest rates: In Keng Hua Paper Products Co., Inc. v. CA, we also
damages provided under Article 2208 of the Civil Code, ruled that the monetary award shall earn interest at
wherein the award is made in favor of the litigant, not of With regard particularly to an award of interest in the twelve percent (12%) per annum from the date of the
his counsel, and the litigant, not his counsel, is the concept of actual and compensatory damages, the rate finality of the judgment until its satisfaction,
judgment creditor who may enforce the judgment for of interest, as well as the accrual thereof, is imposed, regardless of whether or not the case involves a loan
attorney’s fees by execution. as follows: or forbearance of money. The interim period is deemed
to be equivalent to a forbearance of credit.
Here, the petitioner’s claims are based on an alleged When the obligation is breached, and it consists in the
contract for professional services, with them as the payment of a sum of money, i.e., a loan or forbearance Rule:
creditors and the private respondents as the debtors. of money, the interest due should be that which may 1. stipulation; if none:
have been stipulated in writing. 2. loan or forbearance-12%
 CLASS NOTES Furthermore, the interest due shall itself earn legal
interest from the time it is judicially demanded. In the
3. not loan or forbearance-6%

• Attorney’s fees referred to by Quirante not the Forbearance of money: contractual obligation of
same as attorney’s fees in 2208 absence of stipulation, the rate of interest shall be 12% lender or creditor to refrain during a given period of
• What the difference?—Atty’s fees in 2208 are per annum to be computed from default, i.e., from time, from requiring the borrower or debtor to repay a
a form of AD and hence need to be proven. judicial or extrajudicial demand under and subject to the loan or debt then due or payable.
This is not something that goes to the attorney provisions of Article 1169 of the Civil Code.
but to the litigant
2. When an obligation, not constituting a loan or
7. Interest
forbearance of money, is breached, an interest on the
Art. 2209. If the obligation consists in the payment of a
sum of money, and the debtor incurs in delay, the
indemnity for damages, there being no stipulation to the
amount of damages awarded may be imposed at the
discretion of the court at the rate of 6% per annum.  CLASS NOTES
contrary, shall be the payment of the interest agreed No interest, however, shall be adjudged on unliquidated • 12% from CB Circular 416-for loan and
upon, and in the absence of stipulation, the legal claims or damages except when or until the demand forbearance of money; as opposed to 6%
interest, which is six per cent per annum. can be established with reasonable certainty. which was imposed by A2209
Art. 2210. Interest may, in the discretion of the court, • Forbearance of money: basically a loan, a
be allowed upon damages awarded for breach of Accordingly, where the demand is established with credit but loan has a specific legal definition
contract. reasonable certainty, the interest shall begin to run from under the Civil Code
the time the claim is made judicially or extrajudicially but • Memorize rules laid down in Eastern Shipping
Art. 2211. In crimes and quasi-delicts, interest as a part when such certainty cannot be so reasonably Lines, Inc. v. CA
of the damages may, in a proper case, be adjudicated established at the time the demand is made, the • Take note of complications like compounding
in the discretion of the court. interest shall begin to run only from the date the of interest
judgment of the court is made (at which time the • When would interest accrue? From time of
Art. 2212. Interest due shall earn legal interest from quantification of damages may be deemed to have judicial demand
the time it is judicially demanded, although the been reasonably ascertained).
obligation may be silent upon this point. 8. Mitigation of Liability
The actual base for the computation of legal interest Doctrine of Avoidable Consequences:
Art. 2213. Interest cannot be recovered upon shall, in any case, be xxx the amount finally adjudged.
unliquidated claims or damages, except when the -if the plaintiff does not try to reduce damages, he
demand can be established with reasonably certainty. might not be able to recover
3. When the judgment of the court awarding a sum of -plaintiff must try to avoid further damage
money becomes final and executory, the rate of legal
Crismina Garments v. CA interest, whether the case falls under paragraph 1 or
47
Torts Magic Notes for FINALS_revised by A2010 Prof. Casis _S.Y. 2007-
2008
Art. 2203. The party suffering loss or injury must Cerrano v. Tan Chuco Burden of Proof: rests on the defendant that the
exercise the diligence of a good father of a family to August 1, 1918 PLAINTIFF MIGHT HAVE (COULD HAVE) REDUCED THE DAMAGE.

minimize the damages resulting from the act or


omission in question. FACTS: The defendant Tan Chuco, who was then the In the instant case the defendant made no effort
owner of casco No. 1033, rented it to the plaintiff whatsoever to show that any other similar cascos were
Art. 2204. In crimes, the damages to be adjudicated Vivencio Cerrano at a monthly rental of P70. There was in fact available to the plaintiff, or the price he would
may be respectively increased or lessened according to no express agreement as regards the duration of the have been able to obtain the use of one.
the aggravating or mitigating circumstances. contract, the rent being payable at the end of each
month. In the absence of evidence it will not be presumed that
Art. 2214. In quasi-delicts, the contributory negligence plaintiff could have secured another casco at the same
of the plaintiff shall reduce the damages that he may price had he looked for one.
recover. Some time during the month of May, 1916, the
defendant notified the plaintiff that the following month it
Art. 2215. In contracts, quasi-contracts, and quasi-
delicts, the court may equitably mitigate the damages
would be necessary to send the casco off for repairs.
Plaintiff then informed defendant that he would like to
rent the casco again after the repairs had been
 CLASS NOTES
under circumstances other than the case referred to in • What’s the connection of this case with the
the preceding article, as in the following instances: completed, to which the defendant indicated that he Doctrine of Avoidable Consequences?
was willing but that the rent would be increased to P80. • Defendant says that liability is mitigated
(1) That the plaintiff himself has contravened the because plaintiff could have found another
terms of the contract; About one week before the end of the repair period the casco at the same price
defendant sold the casco to Siy Cong Bieng and Co. • SC-no mitigation of liability
(2) That the plaintiff has derived some benefit as a Santos, the man who had been employed by the • Damage = profit which he would have made
result of the contract; plaintiff as the patron of the casco went to the office of had the contract been performed
Siy Cong Bieng and was hired by the latter in the same
• CASCO: a barge
(3) In cases where exemplary damages are to be capacity.
• PATRON: the captain of the barge
awarded, that the defendant acted upon the advice of
counsel; Upon the arrival of the casco in Manila, however, the
plaintiff claiming that he was entitled to the possession
(4) That the loss would have resulted in any of the casco under his contract with the defendant
event; induced Santos to refuse to take orders from the new B. Moral
owners. 1. Concept
(5) That since the filing of the action, the Art. 2217. Moral damages include physical suffering,
defendant has done his best to lessen the plaintiff's loss After trial, the lower court found defendant liable to the mental anguish, fright, serious anxiety, besmirched
or injury. plaintiff for damages resulting from breach of contract. reputation, wounded feelings, moral shock, social
humiliation, and similar injury. Though incapable of

 CLASS NOTES
ISSUE: WON the plaintiff’s right is limited to the
recovery of the difference between the contract price at
which the casco was hired by him and such higher rate
pecuniary computation, moral damages may be
recovered if they are the proximate result of the
defendant's wrongful act for omission.
• 2203 is known as the Doctrine of Avoidable as he might have been compelled to pay for the hire of
Consequences which is different from the a similar casco in the open market.


Doctrine of Contributory Negligence
DOCTRINE OF AVOIDABLE CONSEQUENCES, the party HELD: No.
 CLASS NOTES
has to minimize the damages; in CONTRIBUTORY *DOCTRINE OF AVOIDABLE CONSEQUENCES: IT IS A WELL- If the professor allowed you to stand for three (3) hours,
NEGLIGENCE, the damages to be paid would be RECOGNIZED PRINCIPLE OF LAW THAT DAMAGES RESULTING FROM you can’t claim moral damages because there was an
diminished if you contributed to the damage AVOIDABLE CONSEQUENCES OF THE BREACH OF A CONTRACT ARE NOT intervening cause—your inability to answer the
incurred! RECOVERABLE. IT IS THE DUTY OF ONE INJURED BY THE ACT OF questions
• There is an obligation on the part of the party ANOTHER TO TAKE SUCH MEASURES AS PRUDENT MEN USUALLY TAKE

suffering to mitigate the loss. UNDER SUCH CIRCUMSTANCES TO REDUCE THE DAMAGE AS MUCH AS Kierulf v. CA
POSSIBLE. March 13, 1997
48
Torts Magic Notes for FINALS_revised by A2010 Prof. Casis _S.Y. 2007-
2008
FACTS: One of Pantranco’s buses was traveling along wounded feelings and anxiety, moral damages cannot
EDSA when the driver lost control of the bus, causing it be awarded. However, Victor's claim for deprivation of his right to
to swerve to the left, and then to fly over the center consortium, although argued before Respondent Court,
island, ending up on the wrong side of the road. In Cocoland Development Corporation vs. National was not supported by the evidence on record.
Labor Relations Commission, the Court held that
The front of the bus bumped the front portion of an "additional facts must be pleaded and proven to warrant His wife might have been badly disfigured, but he had
Isuzu pickup driven Porfirio Legaspi, causing damage the grant of moral damages under the Civil Code, these not testified that, in consequence thereof, his right to
to both vehicles and injuries to both Legaspi and his being, x x x social humiliation, wounded feelings, grave marital consortium was affected. Clearly, Victor (and
passenger Lucila Kierulf, wife of Victor Kierulf, owner of anxiety, etc., that resulted therefrom." for that matter, Lucila) had failed to make out a case for
the pickup and employer of Legaspi. loss of consortium, unlike the Rodriguez spouse.
*MORAL DAMAGES ARE AWARDED TO ENABLE THE INJURED PARTY TO
As a consequence of the incident, Lucila suffered OBTAIN MEANS, DIVERSIONS OR AMUSEMENTS THAT WILL SERVE TO The social and financial standing of Lucila cannot be
injuries which required major surgery and prolonged ALLEVIATE THE MORAL SUFFERING HE/SHE HAS UNDERGONE, BY considered in awarding moral damages. The factual
treatment by specialists. REASON OF THE DEFENDANT'S CULPABLE ACTION. circumstances prior to the accident show that no "rude
and rough" reception, no "menacing attitude," no
Both the trial court and the Court of Appeals found for ITS AWARD IS AIMED AT RESTORATION, AS MUCH AS POSSIBLE, OF "supercilious manner," no "abusive language and highly
Legaspi and the Kierulfs. THE SPIRITUAL STATUS QUO ANTE; THUS, IT MUST BE PROPORTIONATE scornful reference" was given her.
TO THE SUFFERING INFLICTED. SINCE EACH CASE MUST BE GOVERNED
The spouses Kierulf, however, averred that the BY ITS OWN PECULIAR CIRCUMSTANCES, THERE IS NO HARD AND FAST The social and financial standing of a claimant of moral
disfigurement of Lucila’s physical appearance due to RULE IN DETERMINING THE PROPER AMOUNT. damages may be considered in awarding moral
the accident could not but affect their marital right of damages only if he or she was subjected to
consortium and asked that the moral damages awarded The yardstick should be that the amount awarded contemptuous conduct despite the offender's
be increased from P100, 000 to one million pesos, not should not be so palpably and scandalously excessive knowledge of his or her social and financial standing.
only for Lucila, but also for her husband. as to indicate that it was the result of passion, prejudice
or corruption on the part of the trial judge. Be that as it may, it is still proper to award moral
They also averred that the social and financial standing damages to Petitioner Lucila for her physical sufferings,
of Lucila should also be considered in fixing the award Neither should it be so little or so paltry that it rubs salt mental anguish, fright, serious anxiety and wounded
of moral damages. to the injury already inflicted on plaintiffs. feelings. She sustained multiple injuries on the scalp,
limbs and ribs. She lost all her teeth. She had to
ISSUE: WON an increase in the amount awarded as In the instant petition, a California case, Rodriguez v. undergo several corrective operations and treatments.
moral damages is warranted given the circumstances. Bethlehem was cited as authority for the claim of Despite treatment and surgery, her chin was still numb
damages based on loss of marital consortium. and thick. She felt that she has not fully recovered from
HELD: The Court increased the moral damages her injuries. She even had to undergo a second
awarded but ruled against awarding moral damages The Court noted that the Rodriguez case clearly operation on her gums for her dentures to fit. She
based on loss of consortium or considerations of social reversed the original common law view first enunciated suffered sleepless nights and shock as a consequence
and financial standing. in the case of Deshotel vs. Atchison, that a wife could of the vehicular accident.
not recover for the loss of her husband's services by the
In order that moral damages may be awarded, there act of a third party. RULES:
must be pleading and proof of moral suffering, mental When social & financial standing may be
anguish, fright and the like. While no proof of pecuniary Rodriguez ruled that when a person is injured to the considered in awarding MD: only if he or she was
loss is necessary in order that moral damages may be extent that he/she is no longer capable of giving love, subjected to contemptuous conduct despite the
awarded, it is nevertheless essential that THE CLAIMANT affection, comfort and sexual relations to his or her offender’s knowledge of his or her social and financial
SHOW THE EXISTENCE OF THE FACTUAL BASIS FOR DAMAGES AND ITS spouse, that spouse has suffered a direct and real standing.
CAUSAL CONNECTION TO THE DEFENDANT’S ACTS. personal loss.
On Exemplary Damages:
In Francisco vs. GSIS, the Court held that there must The loss is immediate and consequential rather than -designed to permit the courts to mould behavior
be clear testimony on the anguish and other forms of remote and unforeseeable; it is personal to the spouse that has socially deleterious consequences, and its
mental suffering. Thus, if the plaintiff fails to take the and separate and distinct from that of the injured imposition is required by public policy to suppress the
witness stand and testify as to his/her social humiliation, person. wanton acts of an offender. However, it cannot be
49
Torts Magic Notes for FINALS_revised by A2010 Prof. Casis _S.Y. 2007-
2008
recovered as a matter of right—it is based entirely on IN A WANTON, FRAUDULENT, RECKLESS, OPPRESSIVE OR MALEVOLENT
the discretion of the court. Visayan Sawmill Co. Inc. v. CA MANNER.
Requirements before ED may be awarded: March 3, 1993
1. by way of Moral damages are emphatically not intended to enrich
example or correction in addition to CD FACTS: Plaintiff RJH Trading. and defendant Visayan a complainant at the expense of the defendant. They
2. claimant must Sawmill Co. entered into a sale involving scrap iron are awarded only to enable the injured party to obtain
1st establish his right to moral, temperate, located at the stockyard of defendant corporation means, diversion or amusements that will serve to
liquidated or compensatory damages; & subject to the condition of plaintiff opening a letter of obviate the moral suffering he has undergone, by
3. the wrongful act credit in the amount of P250, 000 in favor of defendant reason of the defendant’s culpable action.
must be accompanied by BF, and the on or before May 15, 1983.
award would be allowed only if the guilty Its award is aimed at the restoration, within the limits of
party acted in a wanton, fraudulent, On may 17, 1983, plaintiff’s employees started to the possible, of the spiritual status quo ante, and it must
oppressive or malevolent manner. gather scrap iron at the defendant’s premises until May be proportional to the suffering inflicted.
30 when defendant allegedly directed plaintiff’s
On Moral Damages:
-MD, though incapable of pecuniary estimation, are
employees to desist from pursuing the work. Defendant
alleged that it sent a telegram to plaintiff canceling the
sale because of the failure of the latter to obtain a letter
 CLASS NOTES
in the category of an award designed to compensate What to prove in breach of contract:
the claimant at the expense of the defendant. of credit in its favor. • Defendants acted fraudulently and in bad faith
-awarded to enable the injured party to obtain • Purpose of MD reiterated in this case
means, diversity or amusement that will serve to On May 24, plaintiff informed defendant that a letter of *SC held that Visayan Sawmill DID NOT HAVE ANY
alleviate the moral suffering he/she has undergone, by credit had been opened with BPI but that the transmittal OBLIGATION to sell because RJH breached agreement
reason of the defendant’s culpable action. Its award is of the same was delayed. On May 26, defendants on 3 counts (did not comply with suspensive conditions)
aimed at restoration, as much as possible, of the received a letter of advice from BPI informing them that
spiritual status quo ante; thus it must be proportionate a letter of credit had been opened in their favor.
to the suffering inflicted.
There is no hard and fast rule in determining the On July 19, the plaintiff sent a series of telegrams to the
proper amount since each case must be governed by defendant demanding that the latter comply with the
its own peculiar circumstances. deed of sale. However, the defendant informed them
that they were unwilling to continue with the sale due to

 CLASS NOTES
failure by the plaintiffs to comply with the essential
preconditions of the contract. 2. Proof and Proximate Cause
• Rodriguez case-different from what happened
The plaintiff filed a petition for preliminary attachment
to Lucila (there was nothing wrong with
but it was returned unserved because the scrap iron as Compania Maritima v. Allied Free
possible performance. “Equipment was not Workers Union
well as other pieces of machinery could no longer be
damaged.”) May 24, 1977
found on the defendant’s premises.
• Sir: what kind of evidence will you present
without embarrassing yourself to prove loss of ISSUE: WON the moral damages awarded in favor of FACTS: The Compania Maritima and the Allied Free
consortium? RJH trading were proper. Workers Union entered into a written contract whereby
• This case can be used in the future—even if the Union agreed to perform arrastre and stevedoring
reason is only lack of visual stimulation HELD: No. The Court noted the palpably excessive work for the company’s vessels at Iligan City. It was
• Another factor to determine amount of moral and unconscionable moral and exemplary damages stipulated that the management could revoke the
damages: social and financial standing (but awarded by the trial court to the private respondent contract before the expiration of the term if the union
wouldn’t it be discriminating since you only despite a clear absence of any legal and factual failed to render proper service. The contract itself could
award damages to those who are rich?) basis therefore. be renewed by agreement of the parties.
• Epilogue by ponente: there should be:
• Factual basis of mental anguish, etc. In contracts, MORAL DAMAGES MAY BE RECOVERED IF The Union found out later that the contract was to be
• Causal connection between factual basis and DEFENDANTS ACTED FRAUDULENTLY AND IN BAD FAITH, while oppressive and unduly favorable to the company.
defendant’s wrongful act or omission EXEMPLARY DAMAGES MAY ONLY BE AWARDED IF DEFENDANTS ACTED
50
Torts Magic Notes for FINALS_revised by A2010 Prof. Casis _S.Y. 2007-
2008
This was because while he shippers and consignees Miranda-Ribaya v. Bautista moral shock” and the like justified the denial of the claim
paid the Union only for the arrastre work, claiming that January 28, 1980 for damages.
the company was the one obligated to pay for the
stevedoring services, the company itself also refused to FACTS: Mrs. Niceta Miranda-Ribaya was in the It was held to be sufficient that these exact terms were
pay for the stevedoring services because the contract pawnshop business and in the business of buying and pleaded in the complaint and evidence was adduced
explicitly provided that the compensation for both selling jewelry. Sometime in 1968, she was informed by amply supporting the same.
arrastre and stevedoring would be paid by the shippers one of her agents that a wealthy logger by the name of
and consignees. Marino Bautista was interested in buying some of her RULE: FAILURE TO MENTION IN TESTIMONY THE SACRAMENTAL
PHRASES IS NOT ENOUGH TO DENY CLAIM FOR DAMAGES.
jewelry.
Thus the Union was only compensated for arrastre work
performed and not for stevedoring. This led to a labor Accompanied by her agent, she visited Bautista in his Del Rosario v. CA
dispute and a strike by the workers of the Union. Greenhills home and was impressed by the size of his January 29, 1997
residence. She subsequently sold him several pieces of
During the litigation, the company claimed actual and jewelry paid for with postdated checks issued by FACTS: Impressed by the defendant’s advertising, the
moral damages resulting from the strike. The court, Bautista. spouses Del Rosario purchased a quantity of the
however, found that their claim for actual damages was defendant Metal Forming Corporation’s Banawe roofing
baseless. When the maturity of the checks given in payment shingles for use in their house.
arrived, all of them were dishonored for the reason that
ISSUE: WON the company is entitled to moral the accounts of Bautista were closed. Much to chagrin, However, during a storm, portions of the roof were
damages. Miranda-Ribaya later discovered that most of the blown away by strong winds which also led to the
jewelry she had sold to Bautista had been pledged to interior of the house being damaged as well.
HELD: No. Considering that the company’s claim for various pawnshops.
moral damages was BASED ON THE SAME FACTS ON WHICH IT ISSUE: WON the Del Rosario spouses are entitled to
PREDICATED ITS CLAIM FOR ACTUAL DAMAGES, WHICH WAS FOUND TO
She was, however, able to confront Bautista and obtain, moral damages.
BE GROUNDLESS (NO SALES INVOICES PRESENTED, JUST SELF-
with great difficulty, the pawnshop tickets for the jewelry
SERVING TESTIMONIES; THE “INDEPENDENT AUDITOR” HIRED WAS
she had sold him which she used, at her own expense, HELD: Yes. It was found that MFC DID IN TRUTH ACT WITH
ACTUALLY A FRIEND OF THE BRANCH MANAGER…) , it follows that
to redeem the same from the pawnshops where they BAD FAITH, IN FLAGRANT BREACH OF ITS EXPRESS WARRANTIES MADE
the company, a juridical person, is not entitled to had been pledged. TO THE GENERAL PUBLIC AND IN WANTON DISREGARD OF THE RIGHTS
moral damages. OF THEDEL ROSARIOS WHO RELIED ON THOSE WARRANTIES , is
ISSUE: WON Miranda-Ribaya is entitled to an award of adequately demonstrated by the recorded proofs.
Also, the COMPANY DID NOT PLEAD AND PROVE moral moral damages.
damages. It MERELY CLAIMED MORAL DAMAGES in the prayer of The law explicitly authorizes the award of moral
its complaint. This was not held to be sufficient. HELD: Yes. The Court differentiated the instant case damages "in breaches of contract where the defendant
from Francisco v. GSIS because in Francisco, therein acted fraudulently or in bad faith." There being,
RULE: In order to recover MD, one must plead and Plaintiff failed to take the witness stand and defendant’s moreover, satisfactory evidence of the psychological
prove breach of contract was held to be not malicious and and mental trauma actually suffered by the Del
fraudulent. Rosarios, the grant to them of moral damages is
 CLASS NOTES In the instant case, the petitioner took the witness stand
warranted. Over a period of about a month, they
experienced "feelings of shock, helplessness, fear,
Nature of contract was for arrastre and stevedoring and established by uncontradicted testimony that due to embarrassment and anger."
services defendant’s deceitful and malevolent acts of
• ARRASTRE: hauling of cargo, handling of cargo defraudation she had suffered extreme anguish and *IT IS ESSENTIAL IN THE AWARD OF DAMAGES THAT THE CLAIMANT

on the wharf or between the establishment of could not sleep for three months. MUST HAVE SATISFACTORILY PROVEN DURING THE TRIAL THE
EXISTENCE OF THE FACTUAL BASIS OF THE DAMAGES AND ITS CAUSAL
the consignee or shipper and the ship’s tackle
The Court did not share the appellate court’s narrow CONNECTION TO DEFENDANT'S ACTS. THIS IS SO BECAUSE MORAL
• STEVEDORING: handling of cargo in the holds of view that petitioner’s failure to use in her testimony the DAMAGES THOUGH INCAPABLE OF PECUNIARY ESTIMATION, ARE IN THE
the vessel or between the ship’s tackle and the precise legal terms or “sacramental phrases” of “mental CATEGORY OF AN AWARD DESIGNED TO COMPENSATE THE CLAIMANT
holds of the vessel anguish, fright, serious anxiety, wounded feelings, or FOR ACTUAL INJURY SUFFERED AND NOT TO IMPOSE A PENALTY ON
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2008
THE WRONGDOER AND ARE ALLOWABLE ONLY WHEN SPECIFICALLY Defendants filed their answer stating, among other other quasi-delicts not resulting in physical injuries are
PRAYED FOR IN THE COMPLAINT. things, that the plaintiff had no cause of action against excluded, excepting, of course, the special torts
them as his father was still alive and it was not true that referred to in Art. 309, par. 9, Art. 2219 and in Arts. 21,
Raagas v. Traya he was the only son of Ciriaco Enervida and that the 26, 27, 28, 29, 30, 32, and 34, 35 on the chapter on
February 27, 1968 sale did not take place within the prohibited period. human relations (par. 10, Art. 2219).

FACTS: Defendant Bienvenido Carciller, while Ruling in favor of the defendant, the Court found the Furthermore, while no proof of pecuniary loss is
“recklessly” driving a truck owned by his co-defendant plaintiff’s civil action to be entirely unfounded. necessary IN ORDER THAT MORAL DAMAGES MAY BE AWARDED,
THE AMOUNT OF INDEMNITY BEING LEFT TO THE DISCRETION OF THE
Octavio Traya, ran over the three year old son of
plaintiff spouses Melquiades and Adela Raagas, ISSUE: WON the defendant spouses are entitled to COURT (Art. 2216), it is, nevertheless, essential that the
causing the child’s instantaneous death. moral damages by reason of the unfounded civil action CLAIMANT SATISFACTORILY PROVE THE EXISTENCE OF THE FACTUAL
filed against them. BASIS OF THE DAMAGE (ART. 2217) AND ITS CAUSAL RELATION TO
DEFENDANT'S ACTS.
The lower court rendered a judgment on the pleadings
condemning the defendants to pay to the plaintiffs, HELD: No. The Supreme Court ruled that:
among others, the sum of P2, 000 for moral damages. This is so because moral damages, though incapable
“with respect to moral damages, we are inclined to of pecuniary estimation, are in the category of an award
ISSUE: WON moral damages were properly awarded agree with petitioner that these damages are not designed to compensate the claimant for actual injury
despite there being a judgment on the pleadings. recoverable herein, notwithstanding the finding of the suffered and not to impose a penalty on the wrongdoer.
trial court and the Court of Appeals that his complaint
HELD: The court reaffirmed the rule that although an against respondents were clearly unfounded or The trial court and the Court of Appeals both seem to
allegation is not necessary in order that moral unreasonable. be of the opinion that the mere fact that respondent
damages may be awarded, it is, nevertheless, ESSENTIAL were sued without any legal foundation entitled them to
THAT THE CLAIMANT SATISFACTORILY PROVE THE EXISTENCE OF THE
It will be observed that unlike compensatory or actual an award of moral damages, hence they made no
FACTUAL BASIS OF THE DAMAGE AND ITS CAUSAL CONNECTION TO
damages which are generally recoverable in tort cases definite finding as to what the supposed moral damages
DEFENDANT’S ACTS.
as long as there is satisfactory proof thereof (Art. 2202), suffered consist of.
the Code has chosen to enumerate the cases in which

 CLASS NOTES
moral damages, may be recovered (Art. 2219).

A like enumeration is made in regard to the recovery of


Such a conclusion would make of moral damages a
penalty, which they are not, rather than a compensation
for actual injury suffered, which they are intended to be.
• What’s wrong with Judgment on the pleadings attorney's fees as an item of damage (Art. 2208). But Moral damages, in other words, are not corrective or
in the granting of MD? the rule on AC as the two enumerations differ in the case of a clearly exemplary damages.”
regards proving cannot be done with a unfounded suit, which is expressly mentioned in Art.
judgment on the pleadings 2208 (par. 4), as justifying an award of attorney's fees, RULE: Unfounded suit-not a basis of MD for it is not
• Judgment on the pleadings-primary but is not included in the enumeration of Art. 2219 in part of 2219
submission only (nothing to support) respect to moral damages.

Enervida v. De La Torre
January 28, 1974
It is true that Art. 2219 also provides that moral
damages may be awarded in "analogous cases" to
 CLASS NOTES
• Motion for summary judgment (there’s no more
those enumerated, but we do not think the Code controversy if it’s summary judgment)
FACTS: Petitioner Roque Enervida filed a complaint intended" a clearly unfounded civil action or
• Here MD was not awarded not because of
against the defendant-spouses Lauro and Rosa de la proceedings" to be one of these analogous cases
proof but because unfounded suits do not
Torre, praying that the deed of sale executed by his wherein moral damages may be recovered, or it would
warrant MD
deceased father Ciriaco Enervida over a parcel of land have expressly mentioned it in Art. 2219, as it did in Art.
covered by a homestead patent be declared null and 2208; or else incorporated Art. 2208 by reference in Art.
void for having been executed within the prohibited 2219. People v. Bugayong
period of five years. He further prayed that he be December 2, 1998
allowed to repurchase the said parcel for being the Besides, Art. 2219 Specifically mentions "quasi-delicts
legitimate son and sole heir of his deceased father. causing physical injuries", as an instance when moral
damages may be allowed, thereby implying that all
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2008
FACTS: Rodelio Bugayong alias “Boy” was convicted of The spouse, descendants, ascendants, and brothers
raping and committing acts of lasciviousness against and sisters may bring the action mentioned in No. 9 of HELD: No.There was no error in the appealed decision
Arlene Cauan, his eleven year old stepdaughter. this article, in the order named. in denying moral damages, not only on account of
plaintiff’s FAILURE TO TAKE THE WITNESS STAND and TESTIFY TO
ISSUE: WON the victim is entitled to moral damages. Art. 2220, CC - Willful injury to property may be a legal HER SOCIAL HUMILIATION, WOUNDED FEELINGS, ETC., as the
ground for awarding moral damages if the court should decision holds, but primarily because a BREACH OF
HELD: Yes. The Court held that Bugayong should also find that, under the circumstances, such damages are CONTRACT LIKE THAT PF THE DEFENDANT’S, NOT BEING MALICIOUS OR
be ordered to pay the victim the additional amount of justly due. The same rule applies to breaches of FRAUDULENT, DOES NOT WARRANT THE AWARD OF MORAL DAMAGES.
P50, 000 as moral damages. In People v. Prades, the contract where the defendant acted fraudulently or in
Court ruled that moral damages may additionally be bad faith. Expertravel and Tours, Inc. v. CA
awarded to the victim in the criminal proceeding, in June 25, 1999
such amount as the Courts deems just, without the Francisco v. GSIS
need for pleading or proof of the basis thereof as had March 30, 1963 FACTS: Expertravel issued to respondent Ricardo Lo
heretofore been the practice. (Ricky Lo! Showbiz!) four round-trip plane tickets to
FACTS: Plaintiff Trinidad Francisco in consideration of Hong Kong, together with hotel accommodations and
 CLASS NOTES
a loan, mortgaged in favor of the defendant GSIS a
parcel of land known as the Vic-Mari Compound in
Quezon City, payable within 10 years in monthly
transfers for a total cost of P39, 677.20.

 For Rape, Seduction, Abduction, Acts of Alleging that Lo had failed to pay the amount due,
installments. Expertravel caused several demands to be made.
Lasciviousness and Physical injuries: NO
NEED to prove MD. Damage automatically Since the demands were ignored by Lo, Expertravel
Some time later, the GSIS extrajudicially foreclosed the filed a complaint for recovery of the amount.
comes from being a victim of such crimes and
mortgage on the ground that up to that date the plaintiff
it is assumed that the victim suffered mentally,
was in arrears on her monthly installments. The GSIS Respondent Lo answered that his account with
emotionally...
was itself the buyer of the property in the foreclosure Expertravel had already been fully paid. The account
 P50k awarded as indemnity ex delicto + P50k sale. had been remitted to Expertravel through its then
as MD
Chairperson Ma. Rocio de Vega who was theretofore
The plaintiff’s father, Atty. Vicente Francisco, sent a authorized to deal with the respondent’s clients.
letter to the general manager of the defendant
3. Cases where allowed (MEMORIZE!) corporation, Rodolfo Andal, proposing to partially pay The trial court found for the respondent and held that
Art. 2219. Moral damages may be recovered in the off his daughter’s indebtedness, and to cover the the amount claimed by Expertravel had already been
following and analogous cases: balance, to allow the GSIS to manage the property and paid.
(1) A criminal offense resulting in physical injuries; collect the installments due on the unpaid houses and
(2) Quasi-delicts causing physical injuries; lots thereon until the debt was fully paid. ISSUE: WON damages can be recovered by reason of
(3) Seduction, abduction, rape, or other lascivious a clearly unfounded suit.
acts; In exchange, the foreclosure on the property would be
(4) Adultery or concubinage; set aside. GSIS appeared amenable to the proposal HELD: Although the institution of a clearly unfounded
(5) Illegal or arbitrary detention or arrest; and the various sums therein were paid by the plaintiff civil suit can at times be a legal justification for an
(6) Illegal search; and her father to the defendant. award of attorney's fees (Enervida vs. Dela Torre), such
(7) Libel, slander or any other form of defamation; filing, however, has almost invariably been held not to
(8) Malicious prosecution; This continued until the GSIS sent the plaintiff and her be a ground for an award of moral damages.
(9) Acts mentioned in Article 309; father three letters asking for a proposal for the *Rationale for the rule: THE LAW COULD NOT HAVE MEANT TO
(10) Acts and actions referred to in Articles 21, 26, payment of her indebtedness, since according to the IMPOSE A PENALTY ON THE RIGHT TO LITIGATE. THE ANGUISH
27, 28, 29, 30, 32, 34, and 35. GSIS, the one-year period of redemption had expired. SUFFERED BY A PERSON FOR HAVING BEEN MADE A DEFENDANT IN A
CIVIL SUIT WOULD BE NO DIFFERENT FROM THE USUAL WORRY AND
The parents of the female seduced, abducted, raped, or This led to litigation as to the nature of the agreement in ANXIETY SUFFERED BY ANYONE WHO IS HALED TO COURT, A SITUATION
abused, referred to in No. 3 of this article, may also which the plaintiff eventually prevailed. THAT CANNOT BY ITSELF BE A COGENT REASON FOR THE AWARD OF
recover moral damages. MORAL DAMAGES.
ISSUE: WON plaintiff is entitled to moral damages by
reason of defendant’s breach of contract.
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Torts Magic Notes for FINALS_revised by A2010 Prof. Casis _S.Y. 2007-
2008
If the rule were otherwise, then moral damages must b. where the defendant is guilty of an
every time be awarded in favor of the prevailing intentional tort (casis: Arts. 19, 20, 21, ISSUE: WON Moral damages should be awarded to the
defendant against an unsuccessful plaintiff. 26-huma relations torts) Mijares spouses.
-also applies to contracts when
Nature of MD: not punitive, but are designed to breached by tort HELD: No. Mijares spouses FAILED TO SHOW THAT MMD
compensate and alleviate in some way the physical 3. In Culpa Criminal: when accused is found WAS MOTIVATED BY BAD FAITH WHEN IT INSTITUTED THE ACTION FOR
suffering, mental anguish, fright, serious anxiety, guilty of COLLECTION.It is merely an unfounded suit not Malicious
besmirched reputation, wounded feelings, moral shock, a. PI Prosecution.
social humiliation, and similar injury unjustly caused to a b. Lascivious acts
person. c. Adultery or concubinage *ELEMENTS OF MP:
d. Illegal detention (1) MALICE;
Amount of MD: though incapable of pecuniary e. Illegal arrest (2) ABSENCE OF PROBABLE CAUSE.
estimation, must be PROPORTIONAL TO AND IN APPROXIMATION f. Illegal search; or
OF THE SUFFERING INFLICTED. DOCTRINE: Moral Damages cannot be recovered from
g. Defamation
4. Malicious Prosecution a person who has filed a complaint against another in
*REQUISITES OF MD: good faith, or without malice or bad faith.
5. The term “analogous causes” in Art. 2219,
1. THERE MUST BE AN INJURY, WHETHER PHYSICAL, MENTAL

2.
OR PSYCHOLOGICAL

THERE MUST BE A CULPABLE ACT OR OMISSION FACTUALLY


following the ejusdem generis rule must be
held similar to those expressly enumerated by
the law.
 CLASS NOTES
ESTABLISHED • Court applied same elements for MP and
unfounded suits
3. THE WRONGFUL ACT OR OMISSION IS THE PROXIMATE
• Sir: this should not have been the case
CAUSE OF THE INJURY a. Unfounded Suits
because it lumps together the two (2) kinds of
4. THE AWARD OF DAMAGES IS PREDICATED ON ANY OF THE action
CASES STATED IN ART. 2219 (CASIS: PENDING ISSUE) • The enumeration of the elements was
Unfounded probably a mistake because malicious
When MD allowed: must be the proximate result of a suits prosecution is not equivalent to unfounded
wrongful act or omission, the factual basis for which is suits.
satisfactorily established by the aggrieved party. Malicious
prosecution
1. Under Culpa contractual or breach of J. Marketing Corp. v. Sia, Jr.
contract: when the defendant acted in:
a. BF; or FACTS: J Marketing discovered that a motorcycle was
b. was guilty of gross negligence Mijares v. CA missing from its bodega. Motorcycle was traced to Sia.
(amounting to BF); or “J’s” representative examined the chassis and motor
c. in wanton disregard of his contractual FACTS: Metro Manila Drug supplied pharmaceutical numbers of the motorcycle and found them tampered.
obligation; & products to the Mijares spouses’ drugstore and to the Upon confrontation, Sia refused to return the
exceptionally: Ospital ng Maynila Consumers Cooperative Drugstore, motorcycle and dared the representative to file a case
d. when the act of breach of contract which is also operated by Editha Mijares, as an officer in court. “J” filed a complaint for replevin against Sia.
itself is constitutive of torts resulting in of the Co-op. The Co-op was dissolved and ceased RTC and CA dismissed the complaint and awarded
physical injuries (PI). operations in 1986, and its space was leased out to moral and exemplary damages and attorney’s fees in
special rule: Solomon Silverio who also put up a drugstore. MMD favor of Sia.
e. in Art. 1746 in relation to Art. 2206: made deliveries to Silverio’s store for almost a year,
when death results from a breach of amounting to 32K. Silverio issued a check, for partial ISSUE: WON the award of Moral Damages is proper.
carriage payment under the account name of his store, which
was dishonored. MMD filed a complaint to collect from HELD: No. A PERSON’S RIGHT TO LITIGATE SHOULD NOT BE

2. in Culpa Aquiliana or QD: PENALIZED BY HOLDING HIM LIABLE FOR DAMAGES, ESPECIALLY WHEN
Editha, despite having been informed that they no
HE BELIEVES HE HAS A RIGHTFUL CLAIM AGAINST ANOTHER, ALTHOUGH
a. when an act or omission causes P longer did business in Ospital. Court found suit to be
FOUND TO BE ERRONEOUS. “J” filed the complaint based on
unfounded.
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2008
Sia’s own challenge for them to sue him, so “J” could Triple Eight Integrated Services v. NLRC
not be deemed to have done so with bad faith. FACTS: A 3-automobile collision involving a bus, a
jeep, and a car. The bus bumped the jeep that was FACTS: Erlinda Osdana was recruited by Triple 8 as a
DOCTRINE: The adverse result of an action does not parked at the shoulder to fix a tire and the bus went on food server in Saudi Arabia. Bad working conditions
make a complainant subject to pay moral damages. No to hit the car. The owner of the car (Morales) and the made her ill and she had to be confined in a hospital.
damages can be charged on those who may exercise insurance company filed a complaint for damages She was transferred several times, but she again
their right to litigate in good faith, even if done against the bus company, its driver, and the jeep’s became ill and required 2 surgeries. After this, she was
erroneously. driver and owner (Ligorio and Pablo Bondad). The no longer given any assignments even if she was
Bondads denied any responsibility or liability to IIC and willing and able to do light work. She was dismissed
Cometa v. CA Morales. TC and CA: exculpated the Bondads. from work and not given any separation pay. Triple 8
Ordered IIC to pay them moral damages for recklessly refused to help her, so she filed an illegal dismissal
FACTS: SITI (Cometa: president) extended loans to and baselessly impleading them in spite of the clear case. LA and NLRC both ruled in her favor and
GIDC (Guevara: president), which the latter failed to language in the Traffic Investigation report that they awarded her damages.
pay. SITI foreclosed the mortgages and was the were not responsible in any way for the accident.
highest bidder in the foreclosure sale. Cometa filed a ISSUE: WON the award of moral and exemplary
falsification case against Guevara which was dismissed ISSUE: WON the award of Moral and exemplary damages was justified.
by the prosecutor for lack of probable cause. DOJ damages and attorney’s fees was proper.
Secretary reversed prosecutor’s finding but the RTC HELD: Yes. The award of damages was proper.
eventually dismissed the case. Guevara filed a HELD: Yes. The award of Moral Damages is justified.
complaint for malicious prosecution against Cometa. IIC was RECKLESS WHEN IT IMPLEADED THE BONDADS IN SPITE OF DOCTRINE: Moral damages are recoverable where
CLEAR EVIDENCE THAT THEY WERE NOT LIABLE FOR THE DAMAGE TO the dismissal of the employee was attended by bad
ISSUE: WON the case for malicious prosecution states MORALES’ CAR. IIC ACTED IN BAD FAITH WHEN IT COMPELLED THE faith or fraud or constituted an act oppressive to labor,
a cause of action and warrants a full blown trial on the BONDADS TO TRAVEL FROM LAGUNA TO MAKATI TO LITIGATE AN or was done in a manner contrary to morals, good
merits. UNFOUNDED CLAIM. The effects of this was that Ligorio customs, or public policy.
could not work, and Pablo became sick and even
HELD: Yes. All the requirements for a valid cause of
action were present.
suffered a mild stroke.

DOCTRINE: Requirements to sustain an award of


 CLASS NOTES
 Moral damages are not just awarded
DOCTRINE: What must be alleged in a complaint for moral damages: (1) Claimant suffered injury; (2) Injury
because of violations of the Labor Code.
malicious prosecution so that there is a valid cause of sprung from any of the cases listed in Art. 2219 or 2220
(CC); (3) Necessary that such acts be shown to have  The case focused more on how Osdana
action: (1) defendant himself instigated the prosecution;
been tainted with bad faith or ill-will. It is not enough was treated when she worked in Saudi
(2) prosecution terminated in the plaintiff’s
that the claimant alleges mental anguish, serious Arabia.
acquittal;
(3) prosecutor acted without probable cause; anxiety, wounded feelings, social humiliation, etc. as a
(4) the prosecutor was actuated by malice. result of the other party’s acts. ii. Criminal Taking Of Life

NOTE: SC did not equate mp with an unfounded suit


 CLASS NOTES
People v. Pirame

 CLASS NOTES
 Purpose of requirements: to temper the filing
of suits in order to get damages.
FACTS: Pirame, et al were found guilty of murdering
Pedro Torrenueva.
• Lesson here as opposed to earlier discussion  Sue someone who could readily be impleaded
ISSUE: WON the award of moral and exemplary
to sue as many as you can: don’t implead (based on legal basis)
damages were justified.
people without any reason or a suit will also be
filed against you
HELD: No. Torrenueva’s widow DID NOT TESTIFY ON HAVING
• MP was filed against SITI and Cometa, not
SUFFERED ANY MENTAL ANGUISH OR EMOTIONAL DISTRESS FROM THE
unfounded suit
DEATH OF HER HUSBAND. The absence of any generic
i. Labor Cases aggravating circumstance precludes the award of
Industrial Insurance Company v. Bondad exemplary damages.
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Torts Magic Notes for FINALS_revised by A2010 Prof. Casis _S.Y. 2007-
2008
the trial that the bank was negligent of its duties. The
DOCTRINE: Proof of suffering must be attested to Supreme Court reduced the award of 1M to 100k as HELD: Yes. The case is analogous to malicious
justify the award of moral damages. moral damages. Flores filed this MFR contending that prosecution under Art. 2219 (8), as shown by Fule’s
the award was too small. wanton bad faith and his filing of a malicious and
NOTE: cf Arcona v. CA unfounded case against Cruz & Belarmino.
ISSUE: WON the award of moral damages should be Preponderance of evidence suggests that the cause of
Carlos Arcona y Moban v. CA increased. action in this case was contrived by Fule himself.

FACTS: Carlos Arcona was convicted of homicide and HELD: Yes. SC increased the award to 200K. SC took DOCTRINE: Factors considered in determining
was ordered to pay 10K as moral damages. He into account the following: that despite the fact that Mr. amount: (1) Cruz & Belarmino are well-known,
appealed claiming self-defense. Flores’ character and personality are irrelevant to the respected, and held in high esteem in San Pablo, a
issues in the case, PNB, without proofs, attacked his small city;
ISSUE: WON the award of moral damages was correct. character by alleging that he was a known gambler and (2) Both are near the twilight of their lives
big time casino player. The bank also alleged that the after maintaining and nurturing their good reputation in
HELD: Yes. Moral damages should be increased to proceeds of the checks were used by Flores in the community, only to be stunned with a court case;
50K. AS BORNE OUT BY HUMAN EXPERIENCE A VIOLENT DEATH gambling. From this it is obvious that PNB besmirched (3) Since the filing of the case, they were
INVARIABLY AND NECESSARILY BRINGS ABOUT EMOTIONAL PAIN AND Flores’ reputation causing him undue humiliation. living under a pall of doubt which surely affected
ANGUISH ON THE PART OF THE VICTIM’S FAMILY. IT IS INHERENTLY Flores also testified in court regarding his woes when not only their earning capacity, but also besmirched
HUMAN TO SUFFER SORROW, TORMENT, PAIN AND ANGER WHEN A PNB refused to honor his checks; that this had caused their reputations;
LOVED ONE BECOMES THE VICTIM OF A VIOLENT OR BRUTAL KILLING. him his integrity and dependability as a businessman in (4) The length of time the case has
SUCH BRUTAL DEATH NOT ONLY STEALS FROM THE FAMILY OF THE Baguio. That because of the incident whenever he tries dragged on during which their reputations were
DECEASED HIS LIFE, LOVE, SUPPORT AND AFFECTION BUT ALSO LEAVES to make a deal people doubt his capacity to pay. tarnished and their names maligned.
THEM WITH A GNAWING FEELING THAT AN INJUSTICE HAS BEEN DONE
TO THEM. For this reason, moral damage must be Casis Commentary: SC reduced the award, RULE: MD does not need actual proof. Enough
awarded even in the absence of any allegation and considered 1M in Moral Damages to be excessive that displays wanton bad faith.
proof of the heirs’ emotional sufferings. because (1) Flores did not prove that he lost the Baguio
House; (2) 1M in Moral Damages is grossly NOTES:

 CLASS NOTES
disproportionate to the 100K in actual damages. Q: why ANALOGOUS TO MP only and not MP?
A: can’t be MP coz no prior case that ended or was
 This seems to be in conflict with the Pirame  CLASS NOTES
qualified as MP


case.
Cruz presents a possible distinction
between Arcona and Pirame: the manner of
• Seems to consider MD similar to AD
 CLASS NOTES
death was taken into account (violent Fule v. CA This is the sales case on BARTER!
nature of the death) which Prof. Casis does
not seem to agree with. FACTS: Fule, a banker/jeweler bartered his 10 ha. PAL v. CA
Property for a pair of diamond earrings from Dr. Cruz
under a Deed of Absolute Sale with Atty. Belarmino. FACTS: Pantejo, the City Fiscal of Surigao took a PAL
b. Factors in Determining Amount Fule was able to examine the jewelry and accepted flight from Manila to Surigao. Due to a typhoon, the
them (he had already examined them before and even flight to Surigao was cancelled while on a stopover in
PNB v. CA made a sketch). 2 hours later, he complained that the Cebu. PAL gave out cash assistance to its stranded
earrings were fake. He filed a case against Cruz and passengers. Pantejo requested that he be billeted at a
Belarmino seeking the nullification of the Deed on the hotel at PAL’s expense because he wasn’t carrying
FACTS: Carmelo Flores, a prominent businessman in
ground of fraud and deceit. TC & CA dismissed the cash, but PAL refused. He had to share a room with
Baguio engaged in the real estate business of buying
complaint and ordered him to pay Cruz 300K, and another passenger whom he promised to repay in
and selling house and lots, bought from PNB 2
Belarmino 250K as moral damages. Surigao. On the flight, he learned that the hotel
manager’s checks worth 500k each. However, PNB
expenses of some passengers were reimbursed.
later refused to honor the checks because of
ISSUE: WON the award of damages is proper. Pantejo sued PAL for damages for discriminating
alleged shortage in his payment. It was found during
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Torts Magic Notes for FINALS_revised by A2010 Prof. Casis _S.Y. 2007-
2008
against him. TC awarded him actual (300K), moral
(150K), and exemplary (100K) damages.

ISSUE: WON the award of damages is proper.


 CLASS NOTES
ISSUE: WON the amount of damages was proper.

HELD: SC raised the amount to 200K, to be divided


• Casis Commentary: Valenzuela must have among Senator Lopez (100K), his wife (50K), his
HELD: Yes. PAL acted in bad faith in disregarding its been really beautiful. daughter (25K) and his son-in-law (25K). The Lopezes
duties as a common carrier to its passengers and in • Permanent nature of damage suffered social humiliation, wounded feelings, serious
discriminating against Pantejo. It was PAL’s standard Sumalpong v. CA anxiety and mental anguish as a result of Pan-Am’s
policy to extend cash assistance or hotel breach in bad faith of their contracts. Although it is not
accommodations to stranded passengers. The refund FACTS: Sumalpong shot twice at Ramos, but missed. humiliating to travel as tourist passengers, IT IS
of hotel expenses was discriminatorily made since it They grappled for the gun, and in doing so, he bit HUMILIATING TO BE COMPELLED TO DO SO . Senator Lopez was
was not made known to all its passengers. Ramos’ arm and left ear, mutilating the latter. He was the Senate President Pro Tempore and a for Vice-
convicted of attempted homicide and was made to President of the Philippines. Considering the prestige
DOCTRINE: Factors: Pantejo was exposed to serve sentence and ordered to indemnify Ramos for of his rank and position, the amount awarded is
humiliation and embarrassment especially because of loss of crops, hospitalization expenses and Moral appropriate. As to the members of his family, they
his GOVERNMENT POSITION and SOCIAL PROMINENCE, which Damages (5K). CA modified the award of damages, share his prestige and therefore, his humiliation. The
altogether necessarily subjected him to ridicule, shame increasing Moral Damages to 10K. damages awarded to each of them are reasonable.
and anguish. SUBSTANTIAL DAMAGES DO NOT TRANSLATE INTO
EXCESSIVE DAMAGES ISSUE: WON the increase in the amount of Moral NOTES: his stature demanded that he be given MD.
Damages was proper. His family too coz they shared in his prestige and
Valenzuela v. CA humiliation.
HELD: Yes. The CA has in many cases, increased the
FACTS: Lourdes Valenzuela was fixing a flat tire on the damages awarded by the TC, although the offended Producer’s Bank v. CA
roadside when she was hit by Alexander Li who was party had not appealed from said award. The SC finds
driving a company car. Her left leg was severed & she the 10K award of Moral Damages justified under the FACTS: The Chuas had substantial savings and
had to get a prosthetic leg. Valenzuela filed a case circumstances. The nature of the injuries and the current deposits with the Bacolod Branch of Producers
claiming damages: 1M (moral), 100K (exemplary), 180K degree of physical suffering endured by Ramos Bank. They obtained a P2M loan, secured by a real
(medical expenses + loss of earnings). Li and his warrants it. The incident caused the mutilation of estate mortgage. The Chuas deposited 960K, but the
employer were found jointly and severally liable. TC Ramos’ ear and a permanent scar on his arm. These amount was not credited to their account because the
awarded, but CA reduced moral damages to 500K. injuries have left indelible marks on his body and will Branch Manager absconded with the money of the
serve as a constant reminder of his traumatic bank’s depositors. The bank dishonored checks drawn
ISSUE: WON the reduction of the award of moral experience. out by the Chuas on the ground of insufficient funds,
damages was justified. despite their having over 1M in savings. The Chuas
DOCTRINE: The amount of moral damages awarded requested to see the ledgers of their account, but the
HELD: No. Valenzuela’s left leg was amputated. The DEPENDS ON THE NATURE AND EXTENT OF THE PHYSICAL INJURIES. bank refused. They filed an action for damages against
damage done was permanent and lasting, the artificial the bank, who in turn filed a petition for extrajudicial
leg would have to be adjusted to the physiologic Lopez v. Pan American foreclosure of the mortgage. The Chuas filed a
changes her body would normally undergo through the complaint for injunction and damages. The TC
years. The amount of damage which goes with the FACTS: Senate President Pro Tempore Fernando awarded them 2M in moral damages. CA reduced it to
SUDDEN SEVERING OF A VITAL PORTION OF THE HUMAN BODY AND THE Lopez reserved first class tickets with Pan-Am for him, 500K.
RESULTANT ANXIETY, SLEEPLESSNESS, PSYCHOLOGICAL INJURY AND his wife, his daughter and her husband. The tickets
MENTAL AND PHYSICAL PAIN IS INESTIMABLE. P1M in moral were issued and paid for, but on the day of the flight, ISSUE: WON the award of moral damages is proper.
damages is proper. they were informed that they could not be
accommodated as first class passengers, because first HELD: SC reduced moral damages to 300K. The
DOCTRINE: The award should be COMMENSURATE TO THE class was already fully booked. They were constrained dishonor of the Chuas’ checks and the foreclosure
SUFFERING INFLICTED. to take the flight as tourist passengers, “under protest.” initiated by the bank AFFECTED THE CREDIT STANDING AND THE
Lopez filed a suit for damages, alleging breach of BUSINESS DEALINGS OF THE CHUAS, as their suppliers
contracts in bad faith, and asked for 500K as actual and discontinued credit lines resulting in the collapse of their
moral damages. CFI awarded 150K in moral damages. businesses. The damage to their REPUTATION AND SOCIAL
57
Torts Magic Notes for FINALS_revised by A2010 Prof. Casis _S.Y. 2007-
2008
STANDING entitles them to moral damages. The bank -Indemnification shall comprehend:
caused them serious anxiety, embarrassment, and NOTES: one cannot be awarded MD for the suffering 1. value of he loss suffered
humiliation. one did not endure (sympathy) cf Art. 2219, last 2. value of the profits that the oblige failed to
paragraph. obtain
DOCTRINE: The financial credit of a businessman is a
prized and valuable asset, it being a significant part of
the foundation of his business. Any adverse reflection
thereon constitutes some financial loss to him.
 CLASS NOTES
In Contract and Quasi-Contracts: the damages
which may be awarded are dependent on whether the
obligor acted in GF or otherwise
• Cf: Lopez – wife shared in “prestige” of hubby
(goes into the amount of MD) In case of GF: damages recoverable are

 CLASS NOTES
• What about Strebel and son-in-law?
Sufferering suffered by vicarious relations?
those which are the NATURAL AND PROBABLE
CONSEQUENCES of the breach of the obligation which
the parties have FORESEEN or COULD HAVE
• Rule on Damages is jurisprudential: amounts
do not change but basis for fixing damages are REASONABLY FORESEEN at the time of the
ABS-CBN v. CA constitution of the obligation
changed!
FACTS: ABS and Viva executed a Film Exhibition In case of Fraud, BF, malice or wanton
c. Who May Recover Agreement whereby Viva gave ABS an exclusive right attitude: actor shall be responsible for all damages
to exhibit some Viva films. ABS was given a right of which may be reasonable attributed to the non-
Strebel v. Figueras, et al first refusal to 24 films. Viva’s agent gave ABS (through performance of the obligation. (CF: PEOPLE VS. MANERO)
Charo Santos) a list of 36 films to choose 24 from.
FACTS: Strebel, a Mobilgas station owner sued Acting Santos only liked 10 (including “Maging Sino Ka Man”) In Crimes and QDs: defendant shall be liable for all
Labor Secretary Figueras, Director of Labor Jose and and did not accept it. According to Lopez of ABS, there damages which are the NATURAL AND PROBABLE
Assistant City Fiscal Ruperto. In one of his causes was a “napkin agreement” for Viva to sell 14 films for CONSEQUENCES of the act or omission complained
action, he cited the incident of the transfer of his son-in- P36M. Viva’s agent denied such agreement. Deals with of, whether or not such damages could have been
law (Hernandez) from the BOI to the Bureau of Prisons. ABS failed, so then Viva made a deal with RBS granting reasonably foreseen by the defendant.
He claims that Figueras influenced the DOJ Secretary the latter the exclusive right to 104 film, including the 14 -AD may also be recovered for loss or
to effect such transfer and is seeking moral and actual films in the “napkin agreement.” RBS made print ads of impairment of earning capacity in cases of temporary or
damages. the anticipated airing of “Maging Sino Ka Man.” ABS permanent personal injury, or for injury to the plaintiff’s
filed a complaint for specific performance w/ a prayer business standing or commercial credit.
ISSUE: Can Strebel recover damages for the for injunction. Complaint was dismissed and moral
inconvenient transfer of Hernandez? damages were awarded to RBS for having its On Atty’s fees:
reputation debased by the filing of the complaint. -in the absence of stipulation, atty’s fees may be
HELD: No. The transfer was within the power of the recovered as AD or CD under any of the circumstances
DOJ Secretary. Assuming that such act amounted to ISSUE: WON the award of damages to RBS was in Art. 2208
any wrong, the right of action would accrue in favor of proper. General Rule: atty’s fees cannot be recovered as
Hernandez. part of damages because of the policy that no premium
DOCTRINES: (1) The RIGHT OF RECOVERY FOR MENTAL HELD: No. The award of moral damages cannot be should be placed on the right to litigate. They are not
SUFFERING RESULTING FROM BODILY INJURIES is restricted to granted in favor of a corporation being an artificial awarded everytime a party wins a suit.
the person who has suffered the bodily hurt, and person and having existence only in legal -The power of the court to award atty’s fees under
there can be no recovery for distress caused by contemplation, it has no feelings, no emotions, no Art. 2208 demands factual, legal & equitable
sympathy for another’s suffering, or for fright due to a senses. It therefore cannot experience physical justification.
wrong against a third person. suffering and mental anguish, which can be
(2) MENTAL ANGUISH is restricted to such mental pain or experienced only by one having a nervous system. On Moral Damages:
suffering as arises from an injury or wrong to the person Art. 2217- defines what are included in MD
himself, as distinguished from that form of MENTAL On Actual Damages: Art. 2219- enumerates the cases where MD may be
SUFFERING which is the accompaniment of sympathy or -One is entitled to compensation for AD only for such recovered
sorrow for another’s suffering or which arises from a pecuniary loss suffered by him as he has duly proved Art. 2220- provides that MD may be recovered in
contemplation of wrongs committed on the person of (except as provided by law or by stipulation) breaches of contract where the defendant acted
another. fraudulently or in BF
58
Torts Magic Notes for FINALS_revised by A2010 Prof. Casis _S.Y. 2007-
2008
(1) there was no bad faith, and HELD: No. The damages awarded are proper.
MD aimed at restoration, within the limits of the (2) as a general rule, moral damages are not Assessment of Nominal Damages is left to the
possible, of the spiritual status quo ante, and should be awarded to corporations. discretion of the court, according to the circumstances
proportionate to the suffering inflicted. of the case. Considering that nominal damages are not
DOCTRINE: Besmirched reputation cannot cause for the indemnification of loss suffered, but for the
No MD for corporations: The award of MD cannot mental anguish to a corporation, unlike in the case of a vindication or recognition of a right violated or
be granted in favor of a corporation because being an natural person, for A CORPORATION HAS NO REPUTATION IN THE invaded, and that the perfection of the appeal was no
artificial person and having existence only in legal SENSE AN INDIVIDUAL DOES. It is inherently impossible for a assurance that Ventanilla would succeed in his first
contemplation, it has no feelings, no emotions, no corporation to suffer mental anguish. action for recovery, the amount that he seeks to recover
senses. It cannot therefore, experience physical * A CORPORATION BEING AN ARTIFICIAL PERSON AND HAVING here as nominal damages is excessive.
suffering and mental anguish, which can be EXISTENCE ONLY IN LEGAL CONTEMPLATION, HAS NO FEELINGS, NO
experienced only by having a nervous system. EMOTIONS, NO SENSES; THEREFORE, IT CANNOT EXPERIENCE PHYSICAL DOCTRINE: Nominal damages are not indemnification
On Exemplary Damages: SUFFERING AND MENTAL ANGUISH. of loss suffered but for the vindication or recognition of
-imposed by way of example or correction for the a right violated or invaded.
public good, in addition to moral, temperate, liquidated
or compensatory damages.  CLASS NOTES
 CLASS NOTES
• Code lists all kinds of suffering but MENTAL
In criminal cases: recoverable as part of the civil ANGUISH should be involved – open question • ND small but ok according to SC because it is
liability when the crime was committed with one or more not supposed to account for anything
aggravating circumstance
• ND only symbollic
C. Nominal
In QD: when defendant acted with gross negligence
Art. 2221. Nominal damages are adjudicated in order Robes-Francisco Realty Corp. v. CFI
In contracts and quasi-contracts: if the defendant that a right of the plaintiff, which has been violated or
acted in a wanton, fraudulent, reckless, oppressive or invaded by the defendant, may be vindicated or FACTS: Lolita Millan bought a lot from the petitioner in
malevolent manner. recognized, and not for the purpose of indemnifying the May, 1962 and was able to fully pay her installments on
plaintiff for any loss suffered by him. Dec. 22, 1971. The deed of absolute sale however,
NAPOCOR v. PHIBROS was only executed in her favor in 1973. Nearly 3 years
Art. 2222. The court may award nominal damages in after her last payment, petitioner still has not given her
every obligation arising from any source enumerated in the TCT of the lot. Millan filed a complaint for specific
FACTS: NAPOCOR issued invitations to bid for the Article 1157, or in every case where any property right
supply and delivery of imported coal. PHIBRO’s bid performance. TC awarded her P20K in nominal
has been invaded. damages.
was accepted. PHIBRO was not able to deliver, so
NAPOCOR advertised again for bidding of the same Art. 2223. The adjudication of nominal damages shall
products. PHIBRO participated in the bidding again, preclude further contest upon the right involved and all ISSUE: WON the award of nominal damages was
but NAPOCOR disapproved their application. PHIBRO accessory questions, as between the parties to the suit, proper.
filed an action for damages on the ground that or their respective heirs and assigns.
NAPOCOR’s act of disqualifying them was tainted with HELD: Yes. The right of the vendee to acquire title to
the lot she bought was violated by the petitioner and
malice and bad faith. Lower courts ruled in favor of Ventanilla v. Centeno
PHIBRO and awarded actual, moral and exemplary this entitles her, at the very least, to nominal damages.
damages. The amount, however, should be reduced since there
FACTS: Ventanilla hired Atty. Centeno to represent him was no showing of bad faith on the part of the
in an action for recovery with damages. Centeno
ISSUE: WON PHIBRO is entitled to damages. petitioner.
screwed up the filing of appeal. Ventanilla now seeks
to recover damages against Centeno. TC: awarded
HELD: No. NAPOCOR did not act in bad faith in DOCTRINE: Nominal damages are recoverable where
him P200 as nominal damages. some injury has been done, the amount of which the
disapproving PHIBRO’s application for prequalification
to bid. It merely exercised its reserved right to reject bid evidence fails to show, the assessment of damages is
ISSUE: WON the TC erred in awarding only P200 left to the discretion of the court according to the
applicants who previously failed to perform properly. instead of P2000 as nominal and other damages. circumstances of the case.
Moral Damages not proper:
59
Torts Magic Notes for FINALS_revised by A2010 Prof. Casis _S.Y. 2007-
2008
NWA refused to give them compensatory damages for HELD: No. However, NOMINAL DAMAGES ARE PROPER.

 CLASS NOTES
breach of contract of air-transport carriage. RTC
awarded damages (Dr.: actual: P1300, moral: 500K,
exemplary: 500K, nominal: 100K; Mrs.: moral: 300K,
Petitioners gave lame excuses for the delay in the
delivery of the cake. Their prevarication made them
liable for nominal damages for insensitivity,
• 20K award of ND by TC excessive
exemplary: 300K, nominal: 50K; daughter: moral: 300K, inadvertence or inattention to their customer’s anxiety
• Penal clause issue: no penal clause because
exemplary: 300K, nominal: 50K). CA modified: and need of the hour.
even if without it Millan still entitled to legal
sustained award of actual damages, deleted moral and
interest more than 4% p.a. (could be wrong
nominal damages. DOCTRINE: Nominal damages are recoverable where
because SC seemed to equate penal clause
(1) a legal right is technically violated and must be
with liquidated damages)
ISSUE: WON the deletion of nominal damages was vindicated against an invasion that has produced no
proper. actual present loss of any kind, or (2) where there has
been a breach of contract and no substantial injury or
HELD: Yes. Nominal damages should not be awarded actual damages have been or can be shown.
when actual damages were. Assessment of ND is left
to the discretion of the court, according to the
People v. Gopio circumstances of the case.
FACTS: Gopio raped and molested Princess Millano, a *DOCTRINE: NOMINAL DAMAGES CANNOT COEXIST WITH ACTUAL
minor. He was convicted of statutory rape and ordered DAMAGES. D. Temperate
to indemnify the victim through damages (actual=
P3727, moral= P30K)

ISSUE: WON the award of damages is proper.


 CLASS NOTES
Sir: awarded when there is no basis for AD

Art. 2224. Temperate or moderate damages, which are


• Why ND can’t coexist with AD? Sir says that
more than nominal but less than compensatory
HELD: Actual damages should be deleted as no proof award of AD already presupposes invasion of
damages, may be recovered when the court finds that
was presented to show the actual amount of pecuniary right so awarding ND would lead to double
some pecuniary loss has been suffered but its amount
loss. However, Nominal Damages (P2K) should be recovery
can not, from the nature of the case, be provided
awarded in order that the right of the victim, violated by
with certainty.
the accused may be vindicated or recognized. This is Francisco v. Ferrer
not for the purpose of indemnifying any loss suffered. Art. 2225. Temperate damages must be reasonable
FACTS: Rebecca Lo and her daughter Anette Ferrer under the circumstances.
*DOCTRINE: WHENEVER THERE HAS BEEN A VIOLATION OF AN ordered a 3-layer wedding cake from Fountainhead
RIGHT,


ASCERTAINED LEGAL ALTHOUGH NO ACTUAL DAMAGES Bakeshop. On the wedding day, at around 6pm, the
RESULTED OR NONE ARE SHOWN, THE AWARD OF NOMINAL DAMAGES cake was not there. They made a follow-up call and CLASS NOTES
IS PROPER. were assured that it was on its way, but was delayed by
traffic. They were later informed that there would be no Remember Ramos vs. CA where temperate damages
Armovit v. CA cake because the order slip got lost. Ferrer was were awarded for continuing injury
compelled to buy a sans rival cake instead. The
FACTS: Dr. Armovit and his family decided to spend wedding cake arrived at 10pm, but they refused to Pleno v. CA
Christmas in the Philippines and bought 3 round-trip accept it because it only had 2 layers. Francisco
US-Manila tickets from Northwest Airlines. On the (owner of Fountainhead) sent a letter of apology and FACTS: A red Ford cargo truck hit a blue Volkswagen
return trip (Manila-US), they were rudely informed that 5K, which was denied for being deemed inadequate. kombi driven by Pleno, causing it to hit a cargo truck
they cannot be accommodated because their supposed Ferrer and Lo filed a case against Francisco for breach parked along the shoulder, hitting its driver who was
flight was already taking off and the time on their tickets of contract w/ damages. TC and CA awarded moral urinating in front of it. Pleno was seriously injured and
was wrong. Dr. Armovit was unable to keep his and exemplary damages. was confined for 5 months in Makati Med and had to
appointments with his US patients, he and his family undergo 5 surgeries. Pleno filed a complaint for
suffered anguish, wounded feelings and serious anxiety ISSUE: WON moral and exemplary damages should damages against the owner of the red truck and its
until they were finally able to fly back to the US. They have been awarded. driver. CFI ruled in favor of Pleno. CA reduced the
filed an action for damages in the Manila RTC after
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Torts Magic Notes for FINALS_revised by A2010 Prof. Casis _S.Y. 2007-
2008
amount of damages for being excessive (Temperate: Art. 2228. When the breach of the contract committed
200K – 100K, moral: 200K – 100K).
ISSUE: WON the reduction of damages was proper.  CLASS NOTES
by the defendant is not the one contemplated by the
parties in agreeing upon the liquidated damages, the
law shall determine the measure of damages, and not
Fact of loss established but AD cannot be proved
HELD: No. The lower court’s award of damages are the stipulation.
more in consonance with the factual circumstances of People v. Plazo
the case. Each item of damages is adequately
F. Exemplary or Corrective
supported by evidence. Temperate damages were
FACTS: Edison Plazo boxed and stabbed Romeo Art. 2229. Exemplary or corrective damages are
based on the impairment of income of actual capacity
Fabula. Plazo was convicted of murder. imposed, by way of example or correction for the public
(since the actual income of Pleno as president of
Mayon Ceramics company was not proven). good, in addition to the moral, temperate, liquidated or
ISSUE: WON temperate damages should be awarded. compensatory damages.
DOCTRINE: Temperate damages may be `awarded in Art. 2230. In criminal offenses, exemplary damages as
HELD: Yes. Temperate damages under Art. 2224 may
cases where definite proof of pecuniary loss cannot be a part of the civil liability may be imposed when the
be recovered where it has been shown that the victim’s
offered, but the court is convinced that there was an crime was committed with one or more aggravating
family suffered some pecuniary loss but the amount
injury or loss. circumstances. Such damages are separate and
thereof cannot be proved with certainty. 15K as
temperate damages was awarded. distinct from fines and shall be paid to the offended
party.
Art. 2231. In quasi-delicts, exemplary damages may be
granted if the defendant acted with gross negligence.
 CLASS NOTES E. Liquidated
Casis: 3rd parties are not bound by the stipulation of LD Art. 2232. In contracts and quasi-contracts, the court
Can AD and TD be warded at the same time? YES in may award exemplary damages if the defendant acted
in the contract.
Ramos vs. CA – but sir says it’s an aberration since TD in a wanton, fraudulent, reckless, oppressive, or
-For LD: prove breach
is awarded when there is no basis for AD malevolent manner.
-For MD on top of LD: prove breach + BF
People v. Singh Art. 2233. Exemplary damages cannot be recovered as
Art. 2226. Liquidated damages are those agreed upon
a matter of right; the court will decide whether or not
by the parties to a contract, to be paid in case of breach
FACTS: Dalvir, et al ganged up on Surinder, killing him. they should be adjudicated.
thereof.
Dilbag, who was cleaning his motorbike nearby, tried to
stop the attack, but he too was stabbed. The accused Art. 2227. Liquidated damages, whether intended as Art. 2234. While the amount of the exemplary damages
were convicted of murder and frustrated murder. Lower an INDEMNITY OR A PENALTY, shall be equitably reduced if need not be proved, the plaintiff must show that he is
courts awarded hospitalization and medical expenses, they are iniquitous or unconscionable. entitled to moral, temperate or compensatory damages
actual damages, civil indemnity, moral damages, before the court may consider the question of whether
attorney’s fees and compensation for loss of earning
capacity.  CLASS NOTES
or not exemplary damages should be awarded. In case
liquidated damages have been agreed upon, although
no proof of loss is necessary in order that such
ISSUE: WON damages should be awarded. • LD intended as indemnity or penalty liquidated damages may be recovered, nevertheless,
• Juris: LD vs. Penal clause before the court may consider the question of granting
HELD: Yes, although award for loss of earning capacity -intent behind LD penalty is deterrent exemplary in addition to the liquidated damages, the
should be deleted. Such AWARDS PARTAKE OF DAMAGES WHICH -LD is measure of damage which does not plaintiff must show that he would be entitled to moral,
MUST BE PROVEN NOT ONLY BY CREDIBLE AND SATISFACTORY matter in penalty temperate or compensatory damages were it not for the
EVIDENCE, BUT ALSO BY UNBIASED PROOF(Such as income tax -LD is perceived loss if other party does not stipulation for liquidated damages.
reports). Bare allegation is insufficient. Nevertheless, comply with his obligation because AD would
considering that the DEFINITE PROOF OF PECUNIARY LOSS be difficult to determine Art. 2235. A stipulation whereby exemplary damages
CANNOT BE OFFERED AND THE FACT THAT LOSS HAS BEEN • But in A2227: “indemnity or penalty” are renounced in advance shall be null and void.
ESTABLISHED,
appellants should pay the heirs of the victim
temperate damages.
61
Torts Magic Notes for FINALS_revised by A2010 Prof. Casis _S.Y. 2007-
2008
FACTS: The sps. Del Rosario bought roofing materials

 CLASS NOTES
from MFC, which advertised the materials as durable
and sturdy. Less than 2 months after installation,
portions of the roof were blown off by a typhoon. MFC
ED and ND:
• ND vindicates right ~ declaratory relief replaced and repaired them free of charge because of a
warranty. The Del Rosarios hired an adjuster to
• ED is penalty-like
determine the cause of the destruction. The adjusters
found that MFC did not attach the tiles properly and the
PNB v. CA project was hastily done. The Del Rosarios filed a
April 2, 1996 complaint with the DTI and another with the RTC to
recover damages.
FACTS: Tan owned a parcel of land which was
expropriated by the government. He filed a motion w/ ISSUE: WON the award of damages is justified.
the TC requesting that it issue an order for the payment
of P32K as expropriation price. PNB was ordered to HELD: Yes. The awards of moral and exemplary
pay Tan the amount. PNB issued and delivered a damages are justified. MFC acted in bad faith when it
manager’s check to Sonia Gonzaga who had a Special flagrantly breached its express warranties made to the
Power of Attorny supposedly executed by Tan in her general public.
favor. Gonzaga took the money for herself. Tan
demanded payment which was refused by PNB, having
already paid the amount to Tan’s “agent”. Tan file a DOCTRINE: Exemplary damages may be imposed by
motion with the court requiring PNB to pay. TC: ruled in way of example or correction for the public good.
favor of Tan and ordered PNB to pay the amount and
exemplary damages. CA: affirmed, but deleted the CASIS: implies that ED is attached to MD
award of exemplary damages.

ISSUE: WON exemplary damages should be awarded


to Tan.
 CLASS NOTES

HELD: No. Exemplary damages may be awarded if a • How did court arrive at final amount?
party acted in a wanton, fraudulent, reckless, • Compare with other cases
oppressive, or malevolent manner. It cannot be
recovered as a matter of right, but left to the discretion
of the court. Although there was a breach of PNB’s
obligation to Tan, there is no basis for the award of
exemplary damages.

*(MEMORIZE) DOCTRINE: REQUIREMENTS FOR THE AWARD OF


EXEMPLARY DAMAGES: (1) THEY MAY BE IMPOSED BY WAY OF
EXAMPLE IN ADDITION TO COMPENSATORY DAMAGES, AND ONLY AFTER
THE CLAIMANT’S RIGHT TO THEM HAS BEEN ESTABLISHED. (2) THEY
CANNOT BE RECOVERED AS A MATTER OF RIGHT, THEIR
DETERMINATION DEPENDING UPON THE AMOUNT OF COMPENSATORY
DAMAGES THAT MAY BE AWARDED TO THE CLAIMANT. (3) THE ACT
MUST BE ACCOMPANIED BY BAD FAITH OR DONE IN A WANTON,
FRAUDULENT, OPPRESSIVE OR MALEVOLENT MANNER.

Del Rosario v. CA
Janunary 29, 1997