Torts Magic Notes for FINALS_revised by A2010 2008

PRELIMINARY MATTERS: *Those in SMALL CAPS (and underlined) were highlighted by Sir Casis during the class. If none are found, just refer to those in bold letters and those in the Notes. Good luck classmates! –torts magic notes team

Prof. Casis _S.Y. 2007-

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of injuring Worcester, both as a private person and as a government official as the editorial obviously referred to him. Worcester alleged that he was likened to “birds of prey” in the following manner: “Such are the characteristics of the man who is at the same time an eagle who surprises and devours, a vulture who gorges himself on the dead and putrid meats, an owl who affects a petulant omniscience and a vampire who silently sucks the blood of the victim until he leaves it bloodless.” TC: In favor of Worcester; Defendants jointly and severally liable for the P60k total damages. ISSUE: WON the defendants’ individual properties can be made jointly and severally liable for the damages under the civil and commercial codes, HELD: Yes. TC modified. Damages reduced, Santos absolved. The present action is a tort. Universal doctrine: each joint tortfeasor is not only individually liable for the tort in which he participates, but is also jointly liable with his tortfeasors. If several persons commit a tort, the plaintiff or person 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. It is not necessary that cooperation should be a direct, corporal act- e.g. assault and battery committed by various persons, under the common law, they are all principals. Under common law, he who aided or counseled, in any way, the commission of a crime, was as much a principal as he who inflicted or committed the actual tort. General Rule: Joint tortfeasors are all the persons who command, instigate, promote, encourage, advise, countenance, cooperate in, aid or abet the commission of a tort, or who approve of it after it is done, if done for their benefit. They are each liable as principals, to the

same extent and in the same manner as if they had performed the wrongful act themselves. Joint tortfeasors are jointly and severally liable for the tort which they commit. Joint tortfeasors are not liable pro rata. The damages can not be apportioned among them, except among themselves. They cannot insist upon an apportionment, for the purpose of each paying an aliquot part. They are jointly and severally liable for the full amount. A payment in full of the damage done by one tortfeasor satisfies any claim which might exist against the others. The release of one of the joint tortfeasors by agreement generally operates to discharge all. The court however may make findings as to which of the alleged joint tortfeasors are liable and which are not, even if they are charged jointly and severally. Art. 2184*. In motor vehicle mishaps, the owner is solidarily liable with his driver, if the former, who was in the vehicle, could have, by the use of the due diligence, prevented the misfortune. It is disputably presumed that a driver was negligent, if he had been found guilty or reckless driving or violating traffic regulations at least twice within the next preceding two months. *this was drafted with Chapman v. Underwood in mind.

VI. PERSONS LIABLE A. The Tortfeasor
Art. 2176. Whoever by act or omission causes damage to another, there being fault or negligence, is obliged to pay for the damage done. Such fault or negligence, if there is no pre-existing contractual relation between the parties, is called a quasi-delict and is governed by the provisions of this Chapter. (1902a) Art. 2181. Whoever pays for the damage caused by his dependents or employees may recover from the latter what he has paid or delivered in satisfaction of the claim. (1904) Art. 2194. The responsibility of two or more persons who are liable for quasi-delict is solidary. (n)


  

CLASS NOTES There can be more than one tortfeasor and they are called JOINT TORTFEASORS Are you suppose to sue all of them? NO because you can get relief from one of them. Do they have to act in concert? NO


CLASS NOTES Sir highlighted that “Tort is in its nature a separate act of each individual” – so no need to sue all of the tortfeasors!

Worcester v. Ocampo February 27, 1912
FACTS: Dean Worcester filed an action to recover damages resulting from an alleged libelous publication against Martin Ocampo, Teodoro M. Kalaw, Lope K. Santos, Fidel A. Reyes, Faustino Aguilar, et al, as the owners, directors, writers, editors and administrators of the daily newspaper “El Renacimiento” (Spanish version) and “Muling Pagsilang” (tagalong version). Worcester alleged that the defendants have been maliciously persecuting and attacking him in the newspapers for a long time and they published an editorial entitled “Birds of Prey” with the malicious intent

Chapman v. Underwood March 28, 1914
FACTS: J.H. Chapman was trying to board a “San Marcelino” car trough the rear platform when he was struck by Mr. James Underwoord’s automobile, which was at that time driven by his chauffer. Underwood’s driver was guilty of negligence because he was passing an oncoming car upon the wrong side when he ran over Chapman. Chapman, was not obliged for his own protection to observe whether a car was coming upon him from where he was because according to the law, no automobile or other vehicle

Torts Magic Notes for FINALS_revised by A2010 2008
coming from his left should pass upon his side of the car. TC: In favor of Underwood ISSUE: WON Underwood is responsible for the negligence of his driver. HELD: No. TC affirmed. The interval between unlawful act and the accident was so small as not to be sufficient to charge Underwood with the negligence of the driver. The driver does not fall within the list of persons in Art. 1903 (now 2180) for whose acts Underwood would be responsible. This rule applies even if the owner of the vehicle was present at the time of the accident, unless
THE NEGLIGENT ACTS OF THE DRIVER ARE CONTINUED FOR SUCH A LENGTH OF TIME AS TO GIVE THE OWNER A REASONABLE OPPORTUNITY TO OBSERVE AND TO DIRECT HIS DRIVER TO DESIST THEREFROM.

Prof. Casis _S.Y. 2007-

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Caedo v. Yu Khe Thai December 18, 1968
FACTS: Marcial Caedo, with his family, was driving his Mercury car on EDSA. On the opposite direction was the Cadillac of Yu Khe Thai, driven by Rafael Bernardo. They were both traveling at moderate speeds and the headlights were mutually noticeable from a distance. Ahead of the Cadillac was a carretela. Bernardo testified that he saw the carretela only when it was already only 8 meters away from him (This is the 1st sign of negligence because the carretela was lightedhence should’ve given him sufficient warning). But Bernardo, instead of slowing down or stopping, tried to overtake the carretela by veering to the left. The car’s right rear bumper caught the wheel of the carretela and collided with the Mercury. Caedo in the meantime, slowed down, and thought that the Cadillac would wait behind the carretela. He tried to avoid the collision at the last moment by going farther to the right but was unsuccessful. TC: Bernardo and Thai jointly and severally liable for damages ISSUE: WON Yu Khe Thai, as the owner of the Cadillac, is solidarily liable with his driver. HELD: No. TC modified. Thai not solidarily liable with Bernardo. Art. 2184 applies: In motor vehicle mishaps, the owner is solidarily liable with his driver, if the former, who was in the vehicle, could have, by the use of the due diligence, prevented the misfortune. It is disputably presumed that a driver was negligent, if he had been found guilty or reckless driving or violating traffic regulations at least twice within the next preceding two months. Under Art. 2184, if the causative factor was the driver’s negligence, the owner of the vehicle who was present is likewise held liable if he could have prevented the mishap by the exercise of due diligence. –This rule is not new, although formulated as a law for the first time in the new Civil Code. It was expressed in Chapman v. Underwood.

Basis of master’s liability in civil law: NOT respondeat superior but paterfamilias. The theory is that ultimately, the negligence of the servant, if known to the master and susceptible of timely correction by him, reflects his own negligence if he fails to correct it in order to prevent injury or damage. Bernardo was a pretty good driver and had no record. No negligence for having employed him may be imputed to Thai. The only negligence that can be imputed to Bernardo was when he tried to overtake the carretela instead of stopping or waiting-and this cannot be imputed to Thai because there were no signs for him to be in any special state of alert. He could not have anticipated his driver’s sudden decision to pass the carretela. The time element was such that there was no reasonable opportunity for Thai to assess the risks involved and warn the driver accordingly. Test of imputed negligence under 2184: -to a great degree, necessarily subjective. Car owners are not held to a uniform and inflexible standard of diligence as are professional drivers. The law does not require that a person must possess a certain measure of skill or proficiency either in the mechanic of driving or in the observance of traffic rules before they can own a motor vehicle. Test of negligence within the meaning of 2184: -his omission to do that which the evidence of his own senses tells him he should do in order to avoid the accident. RULE: negligence must be sought in the immediate setting and circumstance of the accident, i.e. in his failure to detain the driver form pursuing a course which not only gave him clear notice of the danger but also sufficient time to act upon it. NOTES: Art. 2184 is based on Chapman. Unless the owner could’ve prevented the negligence, or he was negligent in selection and supervision, he cannot be held liable. Art. 2184: owner can be held solidarily liable with the driver only if the owner is IN the car. Court’s test: 1. senses of owner 2. circumstances

When will the owner be liable?- An owner who sits in his vehicle, and permits his driver to continue in a violation of the law by the performance of his negligent acts, after he had A REASONABLE OPPORTUNITY TO OBSERVE THEM AND TO DIRECT THAT THE DRIVER CEASE THEREFROM, BECOMES HIMSELF RESPONSIBLE FOR SUCH ACTS. When will the owner be NOT liable?-if the driver by a sudden act of negligence, and without the owner having reasonable opportunity to prevent the act or its continuance, injures a person or violates the criminal law, the owner of the vehicle, present therein at the time the act was committed, is not responsible, etiher civilly or criminally, therefor. The act complained of must be continued in the presence of the owner for such a length of time that the owner, by his acquiescence, makes his driver’s act his own. RULE: Underwood is not liable for his driver’s act even if he was inside the car at the time of the accident (unless he let the negligence continue for a long time without correcting it) because the driver is not listed in 1903 (now 2180) as one of the persons whose acts Underwood would be responsible for.

Torts Magic Notes for FINALS_revised by A2010 2008

Prof. Casis _S.Y. 2007-

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CLASS NOTES


CLASS NOTE In this section, a person is held liable for acts not his own but because of the existence of a relationship.

The standard set in this case is still REASONABLE OPPORTUNITY. Difference between respondeat superior vs. paterfamilias Respondeat superior: acts under orders (1 negligent – the one who gave the orders) Paterfamilias: acts under guidance (2 negligent – both the owner and the driver) TEST of imputed negligence: SUBJECTIVE *not all owners are learned/professional drivers – that’s why they hire drivers for them! VICARIOUS LIABILITY: found in Article 2180 (but use the term “tortfeasors” instead of “one” -a tortfeasor would be liable not only for his own acts or omissions but also for those of persons for whom he is responsible Take note of difference between NCC and FC: under the NCC: the father, and in cases of his death or incapacity, the mother, will be responsible for the damages caused by their minor children who live in their company under the FC: parents and other persons exercising parental authority shall be civilly liable for the injuries and damages caused by the acts or omissions of their unemancipated children living in their company and under their parental authority subject to the appropriate defenses provided by law.  Portions of 2180—modified by FC  Does RA9344 affect the liability of parents and guardians? NO  Basis of liability of parents and minor children: PARENTAL AUTHORITY  How does the FC affect 2180? Is the person below 21 still liable?  For those above 15 but below 18 who acted with discernment—basis to use is 2180

Art. 236. Emancipation for any cause shall terminate parental authority over the person and property of the child who shall then be qualified and responsible for all acts of civil life. (412a)

Revised Penal Code
Title Five-Civil Liability Chapter One-Person Civilly Liable for Felonies Art. 100. Civil liability of a person guilty of felony. — Every person criminally liable for a felony is also civilly liable. Art. 101. Rules regarding civil liability in certain cases. — The exemption from criminal liability established in subdivisions 1, 2, 3, 5 and 6 of Article 12 and in subdivision 4 of Article 11 of this Code does not include exemption from civil liability, which shall be enforced subject to the following rules: First. In cases of subdivisions 1, 2, and 3 of Article 12, the civil liability for acts committed by an imbecile or insane person, and by a person under nine years of age, or by one over nine but under fifteen years of age, who has acted without discernment, shall devolve upon those having such person under their legal authority or control, unless it appears that there was no fault or negligence on their part. Should there be no person having such insane, imbecile or minor under his authority, legal guardianship or control, or if such person be insolvent, said insane, imbecile, or minor shall respond with their own property, excepting property exempt from execution, in accordance with the civil law. Second. In cases falling within subdivision 4 of Article 11, the persons for whose benefit the harm has been prevented shall be civilly liable in proportion to the benefit which they may have received. The courts shall determine, in sound discretion, the proportionate amount for which each one shall be liable. When the respective shares cannot be equitably determined, even approximately, or when the liability also attaches to the Government, or to the majority of the inhabitants of the town, and, in all events, whenever the damages have been caused with the consent of the

Presidential Decree No. 603
December 10, 1974 THE CHILD AND YOUTH WELFARE CODE Chapter 4-Liabilities Of Parents Art. 58. Torts. - Parents and guardians are responsible for the damage caused by the child under their parental authority in accordance with the Civil Code. Family Code Art. 218. The school, its administrators and teachers, or the individual, entity or institution engaged in child are shall have special parental authority and responsibility over the minor child while under their supervision, instruction or custody. Authority and responsibility shall apply to all authorized activities whether inside or outside the premises of the school, entity or institution. (349a) 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 omissions of the unemancipated minor. The parents, judicial guardians or the persons exercising substitute parental authority over said minor shall be subsidiarily liable. The respective liabilities of those referred to in the preceding paragraph shall not apply if it is proved that they exercised the proper diligence required under the particular circumstances. All other cases not covered by this and the preceding articles shall be governed by the provisions of the Civil Code on quasi-delicts. (n) Art. 221. Parents and other persons exercising parental authority shall be civilly liable for the injuries and damages caused by the acts or omissions of their unemancipated children living in their company and under their parental authority subject to the appropriate defenses provided by law. (2180(2)a and (4)a )

B. Vicarious Liability aka Imputed Negligence

Subsidiary civil liability of innkeepers. and when it started to run. Innkeepers are also subsidiarily liable for the restitution of goods taken by robbery or theft within their houses from guests lodging therein. the persons using violence or causing the fears shall be primarily liable and secondarily. but also for those of persons for whom one is responsible. while the driver sat on his left side (remember that the steering wheel is at the LEFT side). 103. (1904) Art. workmen. Art. Dante took hold of the wheel. or for the payment of the value thereof. if there be no such persons. unless he/she has acted with discernment. The jeep turned turtle and 2 passengers died. A child above fifteen (15) but below eighteen (18) years of age shall likewise be exempt from criminal liability and be subjected to an intervention program. 2006 Sec. 2182. the students boarded a jeep. in case of his death or incapacity. the child shall be subjected to an intervention program pursuant to Sec. which shall be enforced in accordance with existing laws. Prof. pupils. Whoever pays for the damage caused by his dependents or employees may recover from the latter what he has paid or delivered in satisfaction of the claim. 6. Civil Code Art. Casis _S. 20 of this Act. a student of the Balintawak Elementary School. Parents (see table after cases) Exconde v. the mother. in all cases where a violation of municipal ordinances or some general or special police regulation shall have been committed by them or their employees. are responsible for the damages caused by the minor children who live in their company. innkeepers. but not when the damage has been caused by the official to whom the task done properly pertains. criminal liability. Art. In cases falling within subdivisions 5 and 6 of Article 12. and corporations engaged in any kind of industry for felonies committed by their servants. He only found out after the accident when Dante told him about it. nor did he know that Dante was going to attend a parade. in which case such child will be subjected to the appropriate proceedings in accordance with this Act. Employers shall be liable for the damages caused by their employees and household helpers acting within the scope of their assigned tasks. — In default of the persons criminally liable. teachers or heads of establishments of arts and trades shall be liable for damages caused by their pupils and students or apprentices. teachers. The responsibility treated of in this article shall cease when the persons herein mentioned prove that they observed all the diligence of a good father of a family to prevent damage. and any other persons or corporations shall be civilly liable for crimes committed in their establishments. persons. 15 years old. 2180. Legal basis: PD 603 1. Minimum Age of Criminal responsibility. 2007- 4 Lastly. 1957 FACTS: Dante Capuno. (1903a) Art. even though the former are not engaged in any business or industry. the minor or insane person shall be answerable with his own property in an action against him where a guardian ad litem shall be appointed. the father. tavernkeepers and proprietors of establishments. The Exemption from criminal liability herein established does not include exemption from civil liability. CA: affirmed RA 9344 Juvenile Justice and Welfare Act of 2006 April 23. so long as they remain in their custody. (n)  CLASS NOTE  Basis: parental authority  Are the parents still liable for if above 18 but below 21? Yes.Torts Magic Notes for FINALS_revised by A2010 2008 authorities or their agents. Criminal case: TC: Dante was convicted for Double homicide through reckless imprudence. Delfin Capuno. Subsidiary civil liability of other persons. or employees in the discharge of their duties. The obligation imposed by Article 2176 is demandable not only for one's own acts or omissions. tavernkeepers. The father and. or. those doing the act shall be liable.Y. Third. or the person representing him. 2181. provided that such guests shall have notified in advance the innkeeper himself. in which case what is provided in Article 2176 shall be applicable. 102. The State is responsible in like manner when it acts through a special agent. was instructed by the city school’s supervisor to attend a parade in honor of Rizal in San Pablo City. If the minor or insane person causing damage has no parents or guardian.A child fifteen (15) years of age or under at the time of the commission of the offense shall be exempt from . indemnification shall be made in the manner prescribed by special laws or regulations. was not with Dante at the time of the accident. of the deposit of such goods within the inn. Guardians are liable for damages caused by the minors or incapacitated persons who are under their authority and live in their company. No liability shall attach in case of robbery with violence against or intimidation of persons unless committed by the innkeeper's employees. Capuno June 29. From the school. However. saving always to the latter that part of their property exempt from execution. 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 employed or on the occasion of their functions. — The subsidiary liability established in the next preceding article shall also apply to employers. and shall furthermore have followed the directions which such innkeeper or his representative may have given them with respect to the care and vigilance over such goods. apprentices.

Jose Balce is ordered to pay the indemnity. DISSENT: Reyes He wants TC affirmed (relieving Delfin of liability): There is no sound reason for limiting Art. the teacher. or the mother as the case may be is a necessary consequence of the parental authority they exercise over them. The civil liability which the law impose upon the father. 1903 applies: “The obligation imposed by the next preceding articles is enforceable not only for personal acts and omissions. who acts with discernment. master. Salen and Salbanera v. or in the absence of. Xxx Lastly. 1903 is some culpa in vigilando that the parents. Even if Dante was on the jeep pursuant to the city school’ supervisor’s instruction. This parental authority imposes upon the parents the duty to support and instruct them in proportion to their means and gives them the right to correct and punish them in moderation. Art. single and living with Jose Balce. and. The father and. CA: certified to SC ISSUE: WON Delfin Capuno can be held civilly liable. To hold that Art. He rebutted the presumption of negligence under 1903 when he proved that he entrusted custody of Dante to the school authorities.” If the basis of presumption of negligence in Art. school authorities should be liable for the negligence. Gumersindo was convicted of homicide and was sentenced to imprisonment and to pay Carlos’ heirs indemnity. demanded from Jose to pay but he refused. Hence. The phrase “teachers or heads of establishments of arts and trades” does not qualify “teachers” but only “heads of establishments. 2180 is the law that applies. but also for those persons for whom another is responsible. teachers or directors of arts and trades are liable for any damages caused by their pupils or apprentices while they are under their custody. teachers. HELD: Yes. Delfin should not be made liable for a tort that he was in no way able to prevent. and not under Art. so long as they remain in their custody. the parents (and heirs) of Carlos. TC reversed. Art. Hence the suit. . jointly and severally with his son for damages. as the father IS liable. there can be no responsibility. Casis _S. etc. But since the RPC is silent as to the subsidiary liability of parents for a minor over 15. in case of his death or incapacity. Why? for the very reason that the parent is not supposed to interfere with the discipline of the school nor with the authority and supervision of the teacher while the child is under instruction. presumption is rebutted and burden of proof is shifted to claimant to show actual negligence on the part of the parent in order to render him liable. neither the head of the school nor the city school’s supervisor could be held liable because Dante was not a student of an institution of arts and trades.Y. are supposed to have incurred in the exercise of their authority. ISSUE: WON Jose Balce can be held SUBSIDIARILY liable to pay the indemnity his son was sentenced to pay in the criminal case against him (the son). mother of one of the deceased): TC: Convicted ONLY Dante to pay the damages. 1. How to avoid liability: prove that they exercised all the diligence of a good father of a family to prevent the damage. He failed to prove that he exercised all the diligence of a good father of the family to prevent the damage. There is no law which holds the father either primarily or subsidiarily liable for the civil liability incurred by the son who is a minor of 18 years. 1903 to teachers of arts and trades and not to academic institutions. 1903 (now 2180) about teachers applies only to institutions of arts and trades and not to any academic educational institution. 1960. 1 Prof. As a rule. the civil liability arising form a crime shall be governed by the RPC. the father or mother may be 12180 now: The obligation imposed by Article 2176 is demandable not only for one's own acts or omissions. But Gumersindo was insolvent. Balce April 27. the mother. If there is no authority. RULES: Majority: Liability of teachers or directors are limited to institutions of arts and trades. TC: dismissed. Delfin. hence. Xxx Finally. FACTS: Carlos Salen (single) died due to wounds caused by Gumersindo Balce. but also for those of persons for whom one is responsible. in case of his death or incapacity. are liable for any damages caused by the minor children who live with them. are responsible for the damages caused by the minor children who live in their company. Balintawak Elementary School is an academic institution. HELD: Yes. 1903 interpretation too limited. 18. his father. Once the parent entrusts custody to the school authorities. and which he had every right to assume the school authorities would. Teacher. and not the parent should be the one answerable for the torts committed while under his custody. 2. Dissent: 1. 2007- 5 2. 2180 of the Civil Code.Torts Magic Notes for FINALS_revised by A2010 2008 Civil case: against Delfin and Dante Capuno (reserved by Sabina Exconde. the mother. TC Modified. hence neither the teacher nor the head can be held liable. resort should be made to the general law which is the Civil Code. Sustained Jose’s theory that the civil liability of Gumersindo arises from his criminal liability and therefore must be determined under the RPC. NOTES: This case is cited as basis of liability arising from parental authority. Delfin and Dante are jointly and severally liable for the damages. when the parent places the child under the effective authority of the teacher. which only applies to obligations arising form QDs. teachers or heads of establishments of arts and trades shall be liable for damages caused by their pupils and students or apprentices. The father. hence Severino Salen and Elena Salbanera (Salens). And Art. School is NOT liable Art. 2180 applies only to QDs will result in an absurdity that while for an act where mere negligence intervenes.

collided with a passenger truck while attempting to pass each other. SC: Jurisprudence proves him wrong. SC: Case law is against him again. 2 separate actions were instituted: 1. WON the truck owner and driver are liable for damages. Agapito claims that he could only be liable if the action was based on the subsidiary liability of the parents under the RPC. CA: Reduced MD ISSUE: WON Agapito Fuellas. Gutierrez v. with his mother and 7 other members of the family. CA decided the case based on the evidence submitted by both parties. HELD: Yes. Arreglado-(where Arreglado fired at Araneta because he resented the remarks Araneta made about his leaving Ateneo and enrolling in La Salle. Capuno-where the father was held solidarily liable for the crime his son committed. put him off-balance which caused Pepito to land on his right side.   CLASS NOTE In this case. Manresa: Children and wards do not have the capacity to govern themselves so parents and guardians have the duty to exercise special vigilance. resort should be made to the general law which is the Civil Code. Cadano October 31.Torts Magic Notes for FINALS_revised by A2010 2008 held subsidiarily liable. Rico held him by the neck. Rico’s father. both 13. Up to the last day of the hearing of the case. Civil case for damages against Agapito Fuellas. 3. Pepito has just gone down from the school house when he was met by a still angry Rico. Only defense is proof of diligence of a good father of the family to prevent the damage. Rico just got up and ran away. the provisions do not cover the case. Balce.) The court held the father. Mary’s High School. FACTS: The car. This angered Rico. As a result. MD.(where father was made to pay the indemnity his 18 year old son was sentenced to pay because his son was insolvent) Since the RPC is silent as to the subsidiary liability of a minor over 9 but under 15 who acted with discernment. a passenger. Rico’s father is liable for damages. Narciso Gutierrez. When the classmate asked Rico for the pencil. were classmates at St. While Pepito was studying. Civil liability to be determined in the civil case Civil case: TC: Agapito liable under 2180 for medicine. they should suffer the consequences of their abandonment or negligence by repairing the damage caused. and Mrs. 2. specifically 2180. the father is liable for damages (yes) 2. If they fail to comply with this duty. which bases the liability of the father ultimately on his own negligence and not on that of his minor son. the liability of father was deemed to be subsidiary. and that if an injury is caused by the fault or negligence of his minor son. Arreglado-(the Arreglados-father. Gutierrez and driven by Bonifacio Gutierrez. thus he held Pepito by the neck and pushed him to the floor. ED and atty’s fees.Y. Pepito’s forearm was seen to be shorter than his left and cannot be fully used. And since Rico acted with discernment. Casis _S. WON Manuel Gutierrez. Criminal case: TC: Rico guilty. Rico took a classmate’s pencil and put it in Pepito’s pocket.   CLASS NOTES In this case. 18 years old. Araneta v. 2007- 6 Salen and Salbarena v. Prof. the owner and the driver of the truck are jointly and severally liable for damages. Exconde v. independently of the criminal case. Fuellas v. Capuno-(the father was held solidarily liable with his son for damages) The civil liability of the father is a necessary consequence of the parental authority he exercises. ISSUES: 1. parental liability was primary. The void that apparently exists in the RPC is subserved by 2180 of the Civil Code as may be gleaned from some recent SC decisions: Exconde v. EXCLUDING Mr. breaking his arm. any discussion of Rico’s criminal intent is of no moment. 1961 FACTS: Pepito Cadano and Rico Fuellas. 1. The court convicted Arreglado but suspended his sentence because he was only 14. Gutierrez. (yes) HELD: Manuel Gutierrez. Anent Manuel Gutierrez’s liability: . Gutierrez September 23. the father. Criminal case against Rico for Serious Physical Injuries 2. 1931 Note: The injured and the accused have the same surname. Responsibility for fault or negligence under 2176 (upon which this action is instituted) is entirely separate and distinct from the civil liability arising from fault or negligence under the RPC. it was Pepito who returned it. owned by Mr. A classmate asked them to shake hands but instead of shaking Pepito’s extended hand. the mother and the son to pay the Aranetas damages. Araneta v. hence. suffered a fractured leg. the law presumes that there was negligence on the part of his father. Agapito is liable for damages. Agapito contends that he cannot be liable under 2180 in connection with 2176 there being no “fault or negligence” but deliberate intent to cause injury. A teacher broke up the fight and sent them home. no liability would attach if the damage is caused with criminal intent. mother and son were held liable for damages) civil law liability under 2180 is not respondeat superior but pater familias. CA affirmed 1.

IAC . Bonifacio was an incompetent driver. what would be the effect? 1st CA: affirmed in toto 2nd CA: reduced unearned earnings award The dela Rosas failed to pay because they had no cash. 2. At that time. Julie and Wendell died each from a single gunshot wound traced to the gun licensed in the name of Cresencio Libi. Plus. 2007September 18. would be held liable for the damages caused by the minor. But if the liability is direct and primary. SC: Unwilling to apply equity instead of strict law in this case because it will not serve the ends of justice. Libi v. In Elcano. Dela Rosas invoke Elcano v. Luis was only 13 and had no driver’s license. Diligence required is that of instruction and supervision of the kid. it is uniformly held that the head of a house. and not the minor or the mother. it was held that Art. it would not be unreasonable to suppose that his gross income would also increase. If the liability of the parents for crimes or QDs of their minor children is subsidiary. HELD: Yes. BUT. driving a Toyota collided in the go-kart practice area in Greenhills. Anent the owner’s and driver’s liability: Basis: contract. The position of the truck. 1992 7 FACTS: Julie and Wendell were sweethearts for 2 years when Julie broke it off due to Wendell’s sadistic and irresponsible nature. Luis is abroad and beyond the reach of Philippine courts. earnings hardly enough to support his family. SC granted award of atty’s fees plus interest from date of TC’s decision. The Gotiongs (julie’s parents) fiuled for damages against the Livis under Art. Jose. 2180. Roberto died. Based on these facts. liability is not subsidiary. The writ of execution yielded only a nominal amount. who maintains it for general use of his family is liable for its negligent operation by one of his children. TC: Jose dela Rosa (father) and Luis dela Rosa are jointly and severally liable. where the car is occupied and being used at the time of the injury for the pleasure of other members of the owner’s family than the child driving it. Hill’s liability had become merely subsidiary to that of his son. Casis _S. driving a go-kart and Luis dela Rosa. 3. Present status of Luis: married with 2 kids. 2nd CA set aside. the speed and lack of care employed by the driver make them both liable. it is PRIMARY Rule on parent’s liability is correct but characterization of their nature must be given a second look (coz SC held in some cases that the liability of parents is subsidiary). incapacitated or absent will the mother be held liable. should be made primarily or subsidiarily liable for the liability of his son Luis. HELD: Primary liability. IAC February 28. Hill to support their calim for subsidiary liability only. the diligence would constitute a valid and substantial defense. ISSUE: Whether the father. 1st CA reinstated with the modification that the atty’s fees will earn interest. TC: dismissed for insufficiency of evidence IAC: Set aside TC and found the Libis subsidiarily liable. Hill despite the emancipation by marriage of his son. so that he is liable for the negligence of the child because of the relationship of master and servant. 2. Libis are primarily liable CA affirmed. The heirs of Roberto (will be referred to as the Lunas) sued for damages. as a matter of equity. then they can neither invoke nor be absolved of civil liability on the defense that they acted with the diligence of a good father of a family to prevent damages. Other issues: 1. ISSUE: WON Art. If this case were decided now. The theory of this law is that running of the machine by the child to carry the other members of the family is within the scope of the owner’s business. he does not have nay property and his earnings are insufficient to support his family. has no assets of his own. living with uncle in Madrid.Torts Magic Notes for FINALS_revised by A2010 2008 The guaranty given by the father at the time the son was granted a license to operate motor vehicles made the father responsible for the acts of his son. CA’s reduction of net annual income of Roberto due to increasing annual personal expenses: SC said if personal expenses increase. A month after their break-up. the owner of an automobile. 2180 applied to Atty. the father of Wendell. CA’s reduction of life expectancy: SC said go-kart not dangerous. the son should pay because he is of age already Prof. was speeding and lost his head when he approached the bridge and the truck. Question: Under 1903. NOTES: technically. but since his son attained age. Rodriguez-Luna v. whom he designates or permits to run it. with the FC. Jose is liable for his son’s liability.Y. 1985 FACTS: Roberto Luna. and pursuant to 1903 (now 2180) the father alone. Atty. The Libis were grossly negligent from preventing Wendell from having access to the key to the safety deposit box where the gun was stored. only if the father is dead. In the US. There were 2 versions of the story: Libis: another man shot the 2 Gotiong: Wendell shot Julie and then committed suicide. 2180 was correctly applied to hold the Libis liable.

without such alternative qualification. 3. the liability shall be effected against the father. The Bundocs are not indispensable parties to the action. CA: dismissed petition. 21822. NOTES: This case cleared up the issue on whether the parent’s liability is primary or subsidiary. applying 2194 (solidary liability of join tortfeasors) the parent is also solidarily liable with the child. but also for torts committed by others with whom he has a certain relationship and for whom he is responsible. If the minor or insane person causing damage has no parents or guardian.Torts Magic Notes for FINALS_revised by A2010 2008 Hence. The Bundocs claimed that the Rapisuras should be held liable instead. imbecile. the parents primarily respond for such damages is buttressed by the corresponding 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 insolvency of the parents. under 2176 against him.    CLASS NOTES What is the basis of the doctrine that liability of parents is primary and not solidary? Why? o 2 legal bases: 101 RPC and 2182 CC Why?-provisions provide for such defense— liability of parents is primary According to the Court. or minor shall respond with their own property. BUT. For civil liability from crimes committed by minors under the legal authority or control or who live in the company of the parents: PRIMARY -Premised on Art. The Tamargos filed: 1. the responsibility of the parents and those who exercise parental authority over the minor offender. Adelberto was living with his natural parents at the time of the accident but a petition for his adoption has already been filed by the Rapisura spouses. causing injuries which resulted in her death. This petition was granted after the shooting of Jennifer. parental liability is made a natural or logical consequence of the duties and responsibilities of parents—their parental authority—which includes the instructing. For civil liability arising from QDs committed by minors: same rules in accordance with 2180 and 2182. Under 2180. complaint reinstated and case remanded. Arts. CA June 3. CC for kids 9-15 with discernment. or 15-21 (now 18) 2. and in case of his death or incapacity the mother-which rule was amplified by the Youth and Welfare Code. When Adelberto shot Jennifer. parental authority was still lodged in the Bundocs. 2180. 101. in case of his death or incapacity. civil complaint against the Bundocs. controlling and disciplining of the child. they who had actual custody of Adelberto. the law imposes civil liability upon the father and. . Rules regarding civil liability in certain cases. the natural parents of Adelberto. the liability of parents for QDs of their minor kids as contemplated in 2180 is PRIMARY and not subsidiary. TC: dismissed the complaint. Cadano was NOT correct because the liability in fuellas was PRIMARY (syllabus can be wrong kasi) Why primary liability? 1. the minor or insane person shall be answerable with his own property in an action against him where a guardian ad litem shall be appointed. are the indispensable parties to the suit for damages. 1992 FACTS: Adelberto Bundoc. CC and 1013. the Bundocs. are the indispensable parties. excepting property exempt from execution. shot Jennifer Tamargo with an air rifle. RPC with respect to damages ex delicto by kids 9 or under. 2. under the Family Code. Tamargos lost their right to appeal. Prof. 10 years old. Casis _S. as so modified. the reliance on Fuellas v. (n) 3 Art. or if such person be insolvent. 2182. said insane. his natural parents. in accordance with the civil law. that they are indispensable parties because parental authority had already shifter to them the moment the successful petition for adoption was filed. imbecile or minor under his authority. RPC says so. Adelberto’s natural parents for damages. legal guardianship or control. CA reversed and set aside. On the other hand. RULES: 1. 101. or the doctrine of “imputed negligence. law provides a defense. 2007- 8 liability on the ground that he had acted without discernment. the mother. ISSUE: Who are the indispensable parties? The Bundocs or the Rapisuras? HELD: The natural parents. 2. or 9-15 but without discernment -Premised on Art. In fact. xxx Should there be no person having such insane. Liability effected against father or mother? BOTH PARENTS AND THOSE WHO EXERCISE PARENTAL AUTHORITY OVER THE MINOR. Ratio: The act of Adelberto gave rise to a cause of action on QD. The liability of parents for felonies is likewise PRIMARY & not subsidiary. criminal complaint for homicide through reckless imprudence but Adelberto was acquitted and exempted from criminal 2 Art. Thus. this civil liability is now. 101. The principle of parental liability is a species of what is frequently designated as vicarious liability. For both QDs and crimes.Y. Hence.” where a person is not only liable for the torts committed by himself. RPC support this. property of minor only liable when parents are insolvent   Tamargo v. Art. for any damages that may be caused by a minor child who lives with them.

Y. Exclucio Ulterus) – MINOR son LIVING in their company A2176 an A2180 (not based on RPC) -even if son caused injuries with deliberate intent (and not merely negligence) -note: not subsidiary liable Guitierrez vs. FC.Torts Magic Notes for FINALS_revised by A2010 2008 The basis for the doctrine of vicarious liability was explained in Cangco v. Manila Raildroad: With respect to extra contractual obligations arising from negligence. 2007- 9 Civil action vs. Cadano (stole pencil and had the nerve to be mad by breaking classmate’s arm!) Criminal case with civil liability arising from it Criminal action vs. below 18 Basis for liability A1903 (now 2180): FATHER liable for acts of MINOR SON -civil liability is a necessary consequence of parental authority they exercise over their MINOR children A101 RPC incomplete so resort to A2180 of NCC (apply Exclusio Unus. IAC (go-cart vs. then they can neither invoke nor be absolved of civil liability on the defense that they acted with the diligence of a good father of a family to prevent damages. parental liability is anchored upon parental authority coupled with presumed parental dereliction in the discharge of the duties accompanying such authority. or in having failed to exercise due care in the selection and control of one’s own agents or servants. Art 58 of the Child and Youth Welfare Code: responsibility for child under parental authority Art. Art 2180. Hill where court allowed only subsidiary liability because it will not serve ends of justice Art 221. In other words. NOTES: Only benefits retroact to the time of filing of the petition for adoption. to others who are in a position to exercise an absolute or limited control over them. strict law -don’t apply Elcano v. the legislature has elected to limit such liability to cases in which the person upon whom such an obligation is imposed is morally culpable. IAC (Suicide or homicide?) Civil action vs. Case Exconde vs. so as to include responsibility for the negligence of those persons whose acts or omissions are imputable. or in the control of persons who. IAC A2180. the parents exercise supervision and control. Guitierrez (bus collision. Rico for Serious Physical Injuries Civil action vs Agapito (the father) only SC: Pa liable . The basis of parental liability for the torts of a minor child is the relationship existing between the parents and the minor child living with them and over whom. not parental authority Parental Authority: Control and supervision over children. without regard to the lack of moral culpability. FC: child (tortfeasor) must be in the actual custody of the parents sought to be held liable Anent the retroactivity of parental authority to the time of filing of the petition for adoption: Retroactive effect may perhaps be given where such is essential to permit the accrual of some benefit or advantage in favor of the child. to extend that liability. Basis of civil liability imposed on parents for torts of their minor kids living with them: PARENTAL AUTHORITY vested by the civil code. occupy a position of dependency with respect to the person liable for their conduct. Manuel Guitierrez (the father) only (+ bus driver and owner) SC: The father. RPC Why primarily liable: 1. no PA. Casis _S. parents SC: Pa made primarily liable for the injury caused by son (son already of age. for reasons of public policy. by reasons of their status. 2. Parental dereliction is only a PRESUMPTION which can be overturned under 2180 by proof of all the diligence of a good father of a family to prevent the damage. common law. by legal fiction. The liability of parents for felonies is likewise Primary and not subsidiary under A101 of RPC: minor only liable if parents are insolvent (A101 Civil action vs. the law presumes. no parental liability. master and servant (not paterfamilias) – ma not liable even if present during time of incident A2180. whether of act or omission. If liability of the parents for crimes or QDs of their minor children is subsidiary. Art 101. Here. 221. pa and son Libi vs. said to be insolvent but in Madrid!) SC: Libis are primarily and directly liable Salen and Salbanera vs. This moral responsibility may consist in having failed to exercise due care in one’s own acts. no presumption of parental dereliction on the Rapisuras could have arisen since Adelberto was not in fact subject to their control at the time the tort was committed. or on the contrary. family except pa in the car driven by minor) RodriguezLuna vs. Balce (son above 15 but below 18 killed 18 yr old) Fuellas vs. Capuno (BSP asked by school head to go to the parade) Action for… Civil action for damages (father and son impleaded) Who held liable TC: only son liable SC: Pa and son jointly and severally liable -not the school because not a school of arts and trades SC: Father liable subsidiarily -child above 15. bus driver and owner jointly and severally liable as mentioned under Libi vs. The legislature which adopted our civil code elected to limit extra contractual liability—with certain well-defined exceptions—to cases in which moral culpabilityu can be directly imputed to the persons to be charged. Hence. NCC. Toyota) Prof. RULE: Parents must have actual or physical custody over the minor to be held liable.

214. the mother. 216. In case several survive. The school. but also for those of persons for whom one is responsible. (314a) observed all the diligence of a good father of a family to prevent damage.g. Whenever the appointment or a judicial guardian over the property of the child becomes necessary. (e. absence or unsuitability of the parents. entity or institution. unless unfit or disqualified. even though the former are not engaged in any business or industry. Lastly. (349a. in which case what is provided in Article 2176 shall be applicable. orphanages and similar institutions duly accredited by the proper government agency. In case of death. 2180. the following person shall exercise substitute parental authority over the child in the order indicated: (1)The surviving grandparent. the same order of preference shall be observed. and (3) The child's actual custodian. substitute parental authority shall be exercised by the surviving grandparent. (349a) Art. Guardians are liable for damages caused by the minors or incapacitated persons who are under their authority and live in their company. judicial guardians or the persons exercising substitute parental authority over said minor shall be subsidiarily liable. 218. taking into account the same consideration mentioned in the preceding article. CA (adopted child still with parents at time of incident) Criminal complaint Civil complaint vs. The responsibility treated of in this article shall cease when the persons herein mentioned prove that they 3. its administrators and teachers. (1903a) Art. Those given the authority and responsibility under the preceding Article shall be principally and solidarily liable for damages caused by the acts or omissions of the unemancipated minor. parental authority coupled with presumed parental dereliction in the discharge of duties accompanying such authority. unless unfit or disqualified. over twenty-one years of age.Torts Magic Notes for FINALS_revised by A2010 2008 Tamargo vs. Employers shall be liable for the damages caused by their employees and household helpers acting within the scope of their assigned tasks. 354a) 4 Art.Y. are responsible for the damages caused by the minor children who live in their company. In case of foundlings. 2181. 2007- 10 Art. All other cases not covered by this and the preceding articles shall be governed by the provisions of the Civil Code on quasi-delicts. teachers or heads of establishments of arts and trades shall be liable for damages caused by their pupils and students or apprentices. in case of his death or incapacity. 219. parental authority shall be entrusted in summary judicial proceedings to heads of children's homes. The parents. MANILA RAILROAD *IMPORTANT: PARENTS MUST HAVE ACTUAL OR PHYSICAL CUSTODY OVER THE MINOR TO BE HELD LIABLE Prof. (n) Art. abandoned neglected or abused children and other children similarly situated. 2180. Whoever pays for the damage caused by his dependents or employees may recover from the latter what he has paid or delivered in satisfaction of the claim. Natural parents of child SC: Bundocs (natural parents) are indispensable parties -the adopting parents had no actual custody yet par3) Art. in case of his death or incapacity. or the individual. as provided in Art. doctrine of vicarious liability as explained in CANGCO VS. The obligation imposed by Article 2176 is demandable not only for one's own acts or omissions. those left at the doorstep) Art. entity or institution engaged in child are shall have special parental authority and responsibility over the minor child while under their supervision. (355a) . The respective liabilities of those referred to in the preceding paragraph shall not apply if it is proved that they exercised the proper diligence required under the particular circumstances. (1904)  CLASS NOTE What is a foundling? A baby deserted by unknown parents. The father and. Casis _S. 351a. Authority and responsibility shall apply to all authorized activities whether inside or outside the premises of the school. so long as they remain in their custody. The State is responsible in like manner when it acts through a special agent. 2144. (2) The oldest brother or sister. instruction or custody. Guardians are liable for damages caused by the minors or incapacitated persons who are under their authority and live in their company. but not when the damage has been caused by the official to whom the task done properly pertains. 217. but also for those of persons for whom one is responsible. The obligation imposed by Article 2176 is demandable not only for one's own acts or omissions. The father and. over twenty-one years of age. the mother. 2176. the one designated by the court. Guardians Family Code Art. 2. 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 employed or on the occasion of their functions. shall exercise the authority. In default of parents or a judicially appointed guardian. Teachers and Heads of Institutions Family Code Art. are responsible for the damages caused by the minor children who live in their company.

and his father CA: Ordered Ciriaco Mercado (the father) to pay for the medical expenses and MD. tired to intervene or interfere with Augusto’s attempt to recover his pitogo. even if this is a QD within the meaning of Art. the mother. Daffon gave 6Art. Casis _S. Employers shall be liable for the damages caused by their employees and household helpers acting within the scope of their assigned tasks. 6. was not hospitalized. 2180 means by “custody” 1. no MD coz the cases in Art. 16 years old and Virgilio Daffon.CONTEMPLATES A SITUATION WHERE THE PUPIL LIVES AND BOARDS WITH THE TEACHER. while working on a machine. nor does par 25 which makes the father or mother responsible for the damages caused by their minor children. Art. thinking it was Benedicto’s. (1903a) ISSUE: WON the teacher or head of the school should be held responsible (instead of the father) since the fight happened during recess time in school (Lourdes Catholic School). in case of his death or incapacity. 2219. No moral damages because cases in Art. no criminal action for physical injuries has been presented 2. DOCTRINE: what Art. Irked. In retaliation. Lastly. The State is responsible in like manner when it acts through a special agent. the proximate cause of the injury was Manuel Jr’s own act of interference. lent his pitogo to Benedicto who lent it to Renato. par 26. 2-probably because Manuel Jr. TC: dismissed the complaint filed by Manuel Jr. 2219 were not shown to exist. Manuel Jr.Torts Magic Notes for FINALS_revised by A2010 2008 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 employed or on the occasion of their functions. It is true that under the law.Y. CA Reversed as to MD but affirmed the award of medical expenses. teachers or directors of arts and trades are liable for any damage caused by their pupils or apprentices while they are under their custody. capuno doctrine: responsibility passes from parents to teachers or heads of ONLY institutions of arts and trades 3. in which case what is provided in Article 2176 shall be applicable. Moral damages may be recovered in the following and analogous cases: (2) Quasi-delicts causing physical injuries. 5. A fight ensued and Augusto wounded Manuel Jr. 2180 2. In these circumstances the control or the influence over the conduct and actions of the pupil would pass from the father and mother to the teacher. the claim of Mercado that responsibility should pass to the school. Augusto was only 9 and was not shown to act with discernment 7. 5 The father and. Hence. exconde v. Such a situation does not appear in the case at bar. teachers or heads of establishments of arts and trades shall be liable for damages caused by their pupils and students or apprentices. Anent the MD: Only possible circumstance in which MD may be granted is if a felony or QD has been committed. When Augusto tried to retrieve his pitogo. even though the former are not engaged in any business or industry. Augusto resented this remark and aggressively poushed him. interfered and told Augusto not to get it from Renato as Renato was better at putting the chain into the holes of the pitogo. The pupils were not in the “custody” of the school. the proximate cause of Manuel Jr’s injury is his own fault or negligence for having interfered. the facts show that Augusto’s act was occasioned by the fact that Manuel Jr. 9 years old. Mercado v. 2180 (I think he meant 2nd to the last par) does not apply. must be held to be without merit. Palisoc v. 2180 par. on the right cheek with a piece of razor. and so would the responsibility for the torts of the pupil. so long as they remain in their custody. are responsible for the damages caused by the minor children who live in their company. HELD: No. During recess. Capuno through Justice Bautista: “we find merit in this claim. Hence. Brillantes October 4. 1971 FACTS: Dominador Palisoc. 1960 FACTS: Augusto. SUCH THAT THE CONTROL DIRECTION AND INFLUENCE ON THE PUPIL SUPERSEDES THOSE OF THE PARENTS . Lourdes is not liable because they don’t retain custody (custody=living with the teachers or heads) of their pupils. 2219. The doctor who testified did not declare the amount he collected as fees and Manuel Jr. Hence. The situated contemplated in the last par. of art. of age. CA. Ciriaco Mercado is not responsible even under Art. Prof. capuno doctrine7: academic institutions not included in Art. This was answered in Exconde v. 7 Although later cases say this is a mere obiter because the issue was won the father had civil liability . were classmates at the Manila Technical Institute. 2219 were not shown to exist. Even if there was a QD on Augusto’s part. but not when the damage has been caused by the official to whom the task done properly pertains. The pupils go to school during school hours and go back home to their parents after. did not die nor was he incapacitated. Daffon made a remark that Palisoc was like a foreman because he was merely watching them. but no MD for the parents. 4. 2007- 11 1. Palisoc bitch-slapped Daffon. But this provision only applies to an institution of arts and trades and not to any academic educational institution.” Custody (memorize!): “SO LONG AS THEY REMAIN IN THEIR CUSTODY”. et al May 30. The responsibility treated of in this article shall cease when the persons herein mentioned prove that they observed all the diligence of a good father of a family to prevent damage. RULE: exconde v.

including recess time. since the responsibility stems from loco parentis. Valenton. 3 days before his high school graduation. including injuries that some students themselves may inflict willfully or through negligence on their fellow students. Brillantes is not liable because he is a mere member of the board (he could have been liable if not for the incorporation of the school. TC: defendants are liable for damages . and are called upon to “exercise reasonable supervision over the conduct of the child. Moreover. making a corporation the owner of the school and not him anymore). there can be no responsibility. (MEMORIZE) Amadora v.” TC: Daffon liable for QD under 2176. THE PUPIL-TORTFEASOR MUST LIVE AND BOARD IN THE 2. Daffon was convicted of homicide thru reckless imprudence. and not the parent should be the one answerable for the torts committed while under his custody. Daffon. They exchanged fist blows until Palsioc stumbled on an engine block which caused him to fall face downward. teachers. The case here was instituted directly against the defendants (as against the cited cases where the father was the defendant).Y. followed by fist blows on the stomach. the physics teacher and Daffon. MTI is unquestionably a non-academic school. Dissent: Makalintal Wants Mercado sustained. 1. Valenton and Quibulue are solidarily liable for damages. Wants to overturn Exconde (to include academic institutions in the scope of 2180) but has no chance because MTI is anon-academic institution. Makalintal’s interpretation not in accord with the law. 1988 FACTS: Alfredo Amadora. 1903 is some culpa in vigilando that the parents. CA’s definition of “custody” 1. custody= live in company (like for parents and guardians) and 2. It’s unfair to hold teachers and/or administrative heads responsible for tortuous acts of their students considering the high number of enrollment. are supposed to have incurred in the exercise of their authority. The TC based its decision on Mercado v. “custody” The TC erred in absolving the defendants on the ground that they can only be held liable if they “lived and boarded with his teacher or the other defendantsschool officials. president and instructor) should be held solidarily liable with Daffon HELD: Yes. Under 2180. including recess time. Rationale of the liability The rationale of the liability of school heads and teachers is that they stand to a certain extent. The autopsy report said he died of broken ribs and hemorrhage on the brain caused “probably by strong fist blows. when the parent places the child under the effective authority of the teacher. CA. IN THE LAW REQUIRES THAT FOR SUCH LIABILITY TO ATTACH. 2007- 12 (MEMORIZE) NOTHING SCHOOL. Why? for the very reason that the parent is not supposed to interfere with the discipline of the school nor with the authority and supervision of the teacher while the child is under instruction. etc. in loco parentis. The authority and custodial supervision (of the teachers and heads) over the pupil exists regardless of the pupil’s age. as well as to take the necessary precautions to protect the students in their custody from dangers and hazards that would reasonably be anticipated.” 3. the dean of boys and. instructor of the class. Reyes’ dissent rules! Adheres to Reyes’ dissent in Exconde: If the basis of presumption of negligence in Art. which in turn was based on a dictum in Exconde v. 3. Casis _S. Governing Principle in law of torts In the law of torts. Only the guardians and parents are exempt once the child reaches majority 2. the teacher. RULE: 1. It would demand responsibility without the commensurate authority. president of MTI 3. while he was at the auditorium of the Colegio de San Jose-Recolectos either to finish a Physics experiment or to submit a Physics report. but Daffon followed him. and hence it becomes their obligation as well as that of the school itself to provide proper supervision of the students’ activities during the whole time that they are at attendance in the school. The school cannot be held liable as it was not impleaded as a party defendant. hence. Mercado doctrine abandoned/overturned 2. the governing principle is that the protective custody of the school heads and teachers is mandatorily substituted for that of the parents. TC Modified. Prof. Brillantes-member of the board of directors of MTI 2. responsibility limited to minors only (like for parents and guardians) Concurring: Reyes Concurs with majority but dissents with the dissent. Mercado overturned. Capuno. Hence. Quibulue. 4. INCLUDING RECESS TIME. 17 yrs old. The Amadoras sued for damages against the School (Colegio). CA April 15. The parents here are not involved since Daffon was already of age at the time of the incident. Absolved the following because 2180 is not applicable: It applied Mercado v. If there is no authority.Torts Magic Notes for FINALS_revised by A2010 2008 Palisoc a strong flat blow on the face. Definition of “custody”= the protective and supervisory custody that the school and its heads and teachers exercise over the pupils and students for as long as they are at attendance in the school. as to their pupils and students. the president and instructor must be held solidarily liable unless they prove that they observed the diligence of a good father of a family to prevent the damage-which they failed to do. He fainted and never regained consciousness.” The phrase “so long as (the students) remain in their custody” means THE PROTECTIVE AND SUPERVISORY CUSTODY THAT THE SCHOOL AND ITS HEADS AND TEACHERS EXERCISE OVER THE PUPILS AND STUDENTS FOR AS LONG AS THEY ARE AT ATTENDANCE IN THE SCHOOL. ISSUE: WON the other defendants (board member. Palisoc tried to retreat. the president and instructor are liable solidarily for damages. then it follows that 1. was shot by his classmate Pablito Daffon. 1.

Even if the student should be doing nothing more than relaxing in the campus in the company of his classmates and friends and enjoying the ambience and atmosphere in the school.—defense which is also available to the teacher or the head. Alfredo Amadora was still in the school’s “custody” when the incident happened 2. 8 Referring each to each. Mercado-reiterated Exconde. CONCURRING & DISSENTING: Melencio-Herrera -“teacher” in 2180 should not be limited to the “teacherin-charge” -the school may be held responsible under 2180 as the employer of the teachers and heads CONCURRING: Gutierrez. 2.Torts Magic Notes for FINALS_revised by A2010 2008 CA: All the defendants were absolved. 3. His absence cannot be taken against him as he was not required to report to school that day. 4. School not liable because it is not an establishment of arts and trades -Defined “custody” as living and boarding with the teacher Palisoc. whatever the nature of the school he is teaching. AS LONG AS IT CAN BE SHOWN THAT THE STUDENT IS IN THE SCHOOL PREMISES IN PURSUANCE OF A LEGITIMATE STUDENT OBJECTIVE. Pupil not required to be a minor to hold teacher liable Unlike the parent who will be liable only for his minor child. the school.Set aside/abandoned the doctrines in Exconde and Mercado. Physics teacher not liable because there was no showing that he was negligent in his duties. if non-academic. AND EVEN IN THE ENJOYMENT OF A LEGITIMATE STUDENT PRIVILEGE. Liability imposed not on the school itself It should be noted that the liability imposed is supposed to fall directly on the teacher or the head of the school of arts and trades and not on the school itself.head is liable for the apprentices (Exception) *But same vigilance is required! Reason for disparity: historically the heads of arts and trades exercised a closer tutelage over his pupils than the head of an academic school. “Custody does not connote immediate and actual physical control but refers more to the influence exerted on the child and the discipline instilled in him as a result of such influence. 3.Y. THE RESPONSIBILITY OF THE SCHOOL AUTHORITIES OVER THE STUDENT CONTINUES. ISSUE: Interpretation of Art. if academic. Prof. rector. None are liable. application of 2180 to both academic and non-academic schools 3. Colegio is not a school of arts and trades and Daffon was not in custody since the semester already ended. i. IN THE EXERCISE OF A LEGITIMATE STUDENT RIGHT. 2180 applies to both academic and nonacademic schools Reddendo Singula Singulis8 a. 2180 applies so long as the student is under the control and custody and within the school premises. -in a footnote. If at all. Tehankee (the ponente) said that he agreed with Reyes in his Exconde dissent to include academic schools but had no chance because the school involed is a non-academic one. -reiterates the need for an amendment due to the nonexistent disparity between teachers of academic schools and heads of arts and trades RULE: 1. Jr. Art. Hence: 1.teacher is liable for the pupils and students (General Rule) b. he is still within the custody and subject to the discipline of the school authorities under the provisions of Art. 2180 HELD: Petition denied. it may 9 This disparity no longer exist in view of the increase in enrollment. -Defined “custody” to mean that the protective and supervisory custody of the school and its heads and teachers over the students are in force so long as they remain in school including recess time. But that’s a task for the legislature. referring each phrase or expression to its appropriate object or let each be put in its proper place. Colegio not liable because 2180 does not apply to school but only to its teachers and heads. 2180. teachers is to pupils and students as heads is to apprentices 4. high school principal and dean of boys NOT liable because none of them were the teacher-in charge (they only exercised a general authority and not the direct control and influence exerted by the teacher-incharge) Dean of boys not liable although he earlier confiscated a gun because it was not shown that the gun he confiscated and the gun that was used in the shooting were the same.e. 2007- 13 exculpate itself by proof of exercise of diligence of bonus paterfamilias. the teacher is answerable for torts of his students regardless of the student’s age. regardless of whether the semester has not yet begun or has already ended (Duration of Responsibility) (MEMORIZE STANDARD): “CUSTODY” IS NOT CO-TERMINOUS WITH THE SEMESTER. The SC summarized 3 cases which have been decided in connection with 2180: Exconde-school not liable because it is not a school of arts and trades -Reyes’ dissent-rule was imposed on teachers in general and heads OF establishments of arts and trades. Art. 4. whatever its nature may be held to answer for the acts of its teachers and heads under the general principle of respondeat superior. the words should be taken distributively . school not directly liable under 2180 par 7. Custody definition 2. Amadora is the case! 1.9 There is no substantial distinction between an academic and a non-academic school insofar as torts committed by their students are concerned. Casis _S. The same vigilance is expected from the teacher over the students under his control and supervision.

BUT. the stone was obviously at the brink of falling. TC: dismissed case against Araneta ISSUE: WON Art. NO ONE was held liable in Amadora! DISSENT: Sarmiento Par 510 of 2180 may be construed as the basis of liability of the school as the employer for the failure of its teachers or heads to perform their mandatory legal duties as substitute parents. CA reversed and set aside. yet he require the kids to level the soil around the excavation iv. instruction or custody. 2007- 14     CLASS NOTE facts: in Academic school. the principal for damages. Branch V April 25. knowing that a huge block was just nearby iii. entity or institution engaged in child are shall have special parental authority and responsibility over the minor child while under their supervision. Ylarde may be held liable under 2180 as the teacher-in-charge He was negligent in his supervision and he failed to take the necessary precautions. CFI of Bulacan. entity or institution. CA) Don’t sue school based on 2180 (7)  Pasco v. One of the kids jumped on the concrete block causing it to fall in the pit and pinning Ylarde who was not able to get 10 Employers shall be liable for the damages caused by their employees and household helpers acting within the scope of their assigned tasks. the school or the university ITSELF (as distinguished form teachers or heads) is liable. a teacher in Gabaldon Primary School gathered his male students aged 10-11 to clean-up the remnants of WWII. under 2180. The Ylardes (mom and dad) sued Aquino and Soriano. Ylarde vs. He did not order the digging 2. Pasco had just finished his classes and the Muslim group were also students of Araneta. FC11 out of the in time. CA: Affirmed TC ISSUE: WON both Aquino and Soriano may be held liable. They had to dig a hole to bury the concrete blocks. he should’ve used adult laborers and not 10 year olds ii. its administrators and teachers. 1. He is a Head of an academic school and not of a school of arts and trades (in line with Amadora) b. 1988 FACTS: Reynaldo Pasco was mauled by a group of Muslim students and stabbed by Abdul while walking inside the Araneta University (Araneta). ED and MD under 2176 (art. 218. Answer to that issue: NO! the provision speaks only of TEACHERS or HEADS. digging was part of work education 2. assisted by his father sued Abdul and Araneta for damages. QUESTION: Would the school be held liable after the Family Code? ANSWER: Yes! School can be held liable under 218. he left the kids v. 11 Art. 1988 FACTS: Edgardo Aquino. cannot be held liable. as a head of an academic school. School may exculpate itself by proving diligence of a good father of a family. 5 negligent acts of Aquino i. Casis _S. Authority and responsibility shall apply to all authorized activities whether inside or outside the premises of the school. (349a) . Aquino exercised utmost diligence 3.Torts Magic Notes for FINALS_revised by A2010 2008 NOTES: dangerous definition of “custody” because it is so broad (even if just walking around school enjoying its ambience and atmosphere) Prof. against ACADEMIC school A2180 doesn’t include Academic schools (this is the case where the court researcher was not aware of the ruling in Amadora vs. the Ylardes based their petition on 2176. Pasco. after sem ends A2180 applies to both ACADEMIC and NONACADEMIC schools Academic: teacher-in-charge:: Institute of Arts and Trades: Heads Custody does not connote INFLUENCE exerted on the child and the DISCIPLINE instilled in him as a result of such influence pupil is not required to be a minor for the teacher to be liable! (A2180 doesn’t require minority) Applicability to academic institutions WAS an issue prior to this case—see Exconde Despite the broadness of the definition of custody. by student of the school. There is no need to discuss the applicability of 2180 to educational institutions for the issue is actually whether or not. The petition is based on) and may be held liable under 2180. HELD: Aquino is liable for indemnity. 1. He left while the work was unfinished and the kids. HELD: petition dismissed. 3. even though the former are not engaged in any business or industry. Wrong issue. or the individual. Soriano cannot be held liable a. Soriano. Ylarde sustained injuries which caused his death 3 days later. Aquino is liable for damages under 2176 (Q: WON the act or omission of Aquino amounting to fault or negligence has a direct causal connection to Ylarde’s death) a. The school. jumped in the pit. he required the kids to remain inside the pit. TC: dismissed the complaint. Ylarde’s death was due to his own reckless imprudence. Aquino July 29. Melencio-Herrera Joins Sarmiento in his dissent. he left the kids near an attractive nuisance        CLASS NOTE facts: by students. 2180 is applicable to academic institutions.Y. w/n school premises.

  CLASS NOTE facts: students. CA set aside. Salvosa-the EVP of BCF. the negligent act of Aquino in leaving the kids in such a dangerous site has a direct causal connection to the death of Ylarde. drowned during a school picnic while trying to save a female teacher. Salvosa and BCF Absolved other defendants RECESS BY ITS NATURE DOES NOT INCLUDE DISMISSAL. It was but natural for kids to play around c. as to their pupils and students. IAC Reversed in so far as it holds Salvosa and BCF solidarily liable with Abon. B. but his conduct should be judged according to the average conduct of persons of his age and experience. was a student of the BCF and an employee of AFP (as an armorer for the BCF-ROTC unit) with work premises inside the BCF. MD and ED. Plus. HELD: No. IAC: Affirmed but modified award ISSUE: WON Salvosa and BCF can be held solidarily liable with Abon for damages under 2180. So to reconcile both cases: If victim is a student of school—Amadora.Torts Magic Notes for FINALS_revised by A2010 2008 b. TC: Solidary liability of Abon. 13. and a freshman at St. Rationale for liability Reiterated Palisoc: The rationale of the liability of school heads and teachers is that they stand to a certain extent. Casis _S. in loco parentis. IAC October 5. digging was not part of work education/ d. RECESS IS A TEMPORARY ADJOURNMENT EMBRACED IN THE CONCEPT OF “AT ATTENDANCE IN THE SCHOOL. Salvosa-president and chairman of BCF board. definition of custody…Victim is student of another school Ponente forgot Amadora—decided 6 months earlier. TC: Held the 6 teachers solidarily liable for AD & MD Absolved the school and the principal Both appealed CA: Modified TC. No MD coz case does not fall under any of the grounds for MD and they are not guilty of negligence.” or in the custody of BCF when he shot Napoleon. No one is guilty under 2180. ACT OR OMISSION MUST HAVE OCCURRED WHILE AN EMPLOYEE WAS IN THE PERFORMANCE OF ASSIGNED TASKS. The picnic was not a . Abon shot Napoleon Castro. The Castillos sued the school. capacity. RULE: Defines “recess” Qualified Custody NOTE: Salvosa mitigates the effects of Amadora-but this was not cited in Salvosa. at the BCF parking lot at around 8pm. Ylarde cannot be charged with reckless imprudence The degree of care required to be exercised must vary with the capacity of the person to care for himself. 1991 FACTS: Ferdinand Castillo. 1. knowledge and experience under the same or similar circumstances.  Salvos v. where: in parking lot of school. Abon was not in the “custody” of BCF when he shot Napoleon DEFINITION OF Prof. 4. Napoleon’s heirs (Castros) sued for damages impleading Abon. The ROTC Commandant. ISSUE: WON 2180 is applicable. he was supposed to be working when the incident happened. HELD: No. INCLUDING RECESS TIME. A minor should not be held to the same degree of care as an adult. against who: student of University of Baguio Memorize: recess and custody Amadora: legitimate student objective…Victim is own student Salvosa: applied Palisoc. 1988 FACTS: Jimmy Abon. discretion. Held the school. Abon was not in the custody of BCF at the time of the incident. J.Y. Francis High School vs. B. If victim is NOT a student of school-Salvosa  “CUSTODY” (MEMORIZE!)-. a truly careful and cautious person would’ve acted in all contrast to the way Aquino did. Francis High School. teachers and principal impleaded Applied Amadora doctrine: (teacher:ACAD::heads:Establishments of arts and trade) Qualifying “custody” In line with Palisoc. a commerce student of BCF with an unlicensed gun from the ROTC armory. the principal and 4 teachers solidarily liable for AD. THE HIS SUPERVISORY CUSTODY THAT THE SCHOOL AND ITS HEADS AND TEACHERS EXERCISE OVER THE PUPILS AND STUDENTS FOR AS LONG AS THEY ARE AT ATTENDANCE IN THE SCHOOL. The standard of conduct to which a child must conform for his own protection is that degree of care ordinarily exercised by children of the same age. 2007- 15       CLASS NOTE School: ACAD + Institute of Arts and Trade time: dismissal.” IT IS A SITUATION WHERE THE STUDENT STILL REMAINS WITHIN THE CALL OF HIS MENTOR AND IS NOT PERMITTED TO LEAVE THE SCHOOL PREMISES OR THE AREA WITHIN WHICH THE SCHOOL ACTIVITY IS CONDUCTED. 1. Abon cannot be considered to have been in “attendance in the school.” 2. the principal and the 6 teachers who were at the picnic for damages. and are called upon to “exercise reasonable supervision over the conduct of the child. Plus. the mere fact of being enrolled or being in the premises of a school without more does not constitute “attending school” or being in the “protective and supervisory custody” of the school. the dean and BCF. School not liable under 2180 TO BE HELD LIABLE UNDER 2180.THE PROTECTIVE AND St. He was convicted of Homicide. None of them are guilty of either their own negligence or of the negligence of those under them 2. as contemplated in the law. CA February 25.

RCC was only a client of RL-the employer of Solomon. RCC may be held liable under the a contract. 1. BOC Soliman. TC: MTD denied CA: Affirmed TC coz 2180 applies to all kinds of educational institutions. there is an established contract between him and the school. 5 The negligence of an employee in causing injury or damage gives rise to a presumption of negligence on the part of the owner and/or manager of the establishment. resulting in a bilateral obligation---therefore. teachers were negligent. PSBA  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 employed or on the occasion of their functions. Although a QD may still arise even when there is a contract. Art. under the case of PSBA. 1992 FACTS: Maximo Soliman Jr. par 512 does not apply RCC was not the employer of Solomon. Jr. instructors and scout masters who had knowledge in 1st aid and swimming were invited b. v. Art. it was established that the offenders were not PSBA students. 2007 16 A2180 applies to schools only if student liable but if student a victim. The Principal is not liable under 2180 Mere knowledge of the picnic is not enough He did not consent to the picnic 4. 2180. PSBA’s negligence would only be relevant in the existence of a contract. 21.Y. ISSUE: WON PSBA can be held liable under 2180 HELD: No. Because Solomon was not an employee of RCC and neither was he a student. . 2180 applies only if the offender was a student of the school Prof. 2. Principal was negligent He knew of the activity and he did not take the appropriate measures to ensure the safety of his students. Casis _S. hence RCC had no hand in the selection and supervision process. CA February 4. unless the negligence occurs under the circumstances set out in Art.life savers were brought c. But case is remanded to determine if PSBA failed to discharge its obligations under its contract with Bautista CA correct in denying MTD but on the wrong grounds. Tuazon May 18. Case remanded to determine if there was a breach of contract. 2180 n/a because Solomon was not a student of RCC TC: granted MTD ISSUE: WON the RCC may be held liable under 2180 HELD: No. The supposed life guards were not there! They were having a drinking spree 2. RCC and the RL for damages. Soliman sued Solomon. was shot by Jimmy Solomon. 1992 FACTS: Carlos Bautista was stabbed to death by outsiders within PSBA’s premises. only oral instructions were given) b. a. as per jurisprudence. The Bautistas sued PSBA and its corporate officers for damages. School is liable under 2180 par. 1. Teachers are not negligent hence not liable a. Activity was stamped with school authority. 21. PSBA vs. and the activity was organized by the teachers for the students. Solomon was employed by RL Security Agency. RULE: Art. PSBA may be held liable based on breach of contract When a student enrolls. they did all that is humanly possible to save Ferdinand DISSENT: Padilla 1. In this case. 2180 doe not apply because offender was not a student of PSBA Under 2180. a student of the Republic Central Colleges. the offender should be a pupil of the school. 3. if the act which breaches the contract is done in BF & be violative of Art. In this case though. 3. a security guard assigned to the school.Torts Magic Notes for FINALS_revised by A2010 2008 sanctioned school activity nor an extra-curricular activity. RCC filed a MTD on the following grounds: 1. RCC not the employer of Solomon 2. does not include academic institutions. Many of the teachers were present. PSBA’s negligence cannot exist independently of the contract. Art. They failed to observe the proper diligence BEFORE THE INCIDENT (water was deep. this is not based on a QD which arises when parties are not bound by any contract. But. RULE: Liability only for failure to perform assigned tasks NOTES: Authority in saying that diligence should be BEFORE and not after the FACT and its officers filed a Motion to Dismiss on the ground that 2180.

The parents. a 15 year old student. 4. & 35214 does not apply Solomon was not a student of RCC. excursions. Mary’s Academy conducted an enrollment drive for the incoming school year. the parents must be held primarily liable. premises of the school. a. judicial guardians or the persons exercising substitute    CLASS NOTE school liable if Proximate Cause of the injury is their negligence special parental authority applies as long as the activity was approved by an office of the school FC A218: school. who was part of the campaigning group rode the jeep. 352. so long as they remain in their custody. 350. Mary’s to be held liable. the Daniels (parents of James) and Villanueva. St. All other cases not covered by this and the preceding articles shall be governed by the provisions of the Civil Code on quasi-delicts. The steering wheel guide was detached while the jeep was running. FC. St. as the registered owner of the jeep is liable for damages Overwhelming evidence that the accident was due to the detachment of the steering wheel guide. Carpitanos February 6. In no case shall corporal punishment be countenanced. ISSUE: WON St Mary’s is liable HELD: No. 2. instruction or custody. The proximate cause of the accident was not the negligence nor the reckless driving of James. the school has an implicit obligation to provide students with an atmosphere conducive to learning. 349. The persons named in the preceding article shall exercise reasonable supervision over the conduct of the child. Case remanded for determination of liability of defendants excluding St. The Carpitanos sued St. teachers or heads of establishments of arts and trades shall be liable for damages Art. Mary’s insolvency. entity or institution. 350.Torts Magic Notes for FINALS_revised by A2010 2008 2. 3. its administrators and teachers 2. its NCC A2180. Mary’s is not liable The special parental authority under 218. FC 2. They were on their way to an elementary school when the jeep turned turtle due to James’ reckless driving. NOTES: applied FC-this seems to imply strict liability but SC here allowed defense of diligence. parental authority over said minor shall be subsidiarily liable. (349a) Art. St. if the person under custody is a minor. 15 Prof. 2002 FACTS: St. 219. The respective liabilities of those referred to in the preceding paragraph shall not apply if it is Art. CA: Affirmed but reduced AD. 3. must have a causal connection to the accident. those exercising special parental authority are principally and solidarily liable for damages caused by the acts or omissions of the unemancipated minor under their supervision. 218. b. Those given the authority and responsibility under the preceding Article shall be principally and solidarily liable for damages caused by the acts or omissions of the unemancipated minor.Y. or the individual. 7. TC: 1. entity or institution engaged in child care This special parental authority and responsibility applies to all authorized activities. 13 Lastly. are fixed by government regulations and those of each school or institution. 2180 par. James. The Daniels were held subsidiarily liable in the event of St. The school. Parents are Primarily liable Whether the accident was due to James negligence or the mechanical failure. entity or institution. Sherwin Carpitanos. Under this contract. instruction or custody. the school. Villanueva. 3. The jeep was owned by Villanueva and was driven by James Daniel II. Mary’s is liable for damages under 218 & 21915. The relations between teacher and pupil. 1. who had control and possession of the jeep who allowed James to drive. The following persons shall exercise substitute parental authority: (2) Teachers and professors. to nonemployees This case should have used the provisions from the Family Code. 2007- 17 Under 219. Who liable . school had no substitute parental authority over him. PSBA applies RCC may be held liable under the implied contract between RCC and Soliman. along with other HS students. xxx (4) Directors of trade establishments. par7: Art. entity or institution engaged in child are shall have special parental authority and responsibility over the minor child while under their supervision. FC applies to: 1. But. Mary’s allowed the minor James to drive the jeep. Casis _S. professor and student. (n) proved that they exercised the proper diligence required under the particular circumstances. whether inside or outside the premises of the school. but the mechanical defect of the jeep. Villanueva was likewise absolved. Mary’s Academy v. with regard to apprentices. Such authority and responsibility applies to field trips. Arts. Authority and responsibility shall apply to all authorized activities whether inside or outside the 14 Art. Mary’s. Sherwin sustained injuries which caused his death. its administrators and teachers. and either the Daniels’ negligence or the mechanical failure was the intervening cause. CA reversed and set aside. The teacher or professor shall cultivate the best potentialities of the heart and mind of the pupil or student.13 349. there must be a finding that the act or omission considered a s negligent was the proximate cause of the injury caused because the negligence. for St. and other affairs of the pupils and students outside the school premises whenever authorized by the school or its teachers. St. Mary’s. There’s no evidence that St. This involved visitation of schools. Mary’s negligence was only a remote cause. James was absolved due to his minority. the individual. It was the grandson of Villanueva.    CLASS NOTES A2180 not applicable to nonstudents. Hence. caused by their pupils and students or apprentices.

Torts Magic Notes for FINALS_revised by A2010 2008 administrators and teachers. instruction or custody A219: unemancipated minor Principally and solidarily liable – schools Subsidiarily liable – parents. THE TERM MANAGER (DIRECTOR IN SPANISH VERSION) IS USED IN THE SENSE OF EMPLOYER WHICH IS NOT EQUAL TO A MANAGER OF A CORPORATION WHO IS ALSO AN EMPLOYEE CORPORATION. qualifies (mitigates amadora’s effects) custody Prof. or the individual. Salvosa: defines “recess”. Francis Case. persons exercising substitute parental authority teachers or heads of establishments of arts and trades *In St. as the manager of PAF and Pineda were sued based on a QD. Ylarde: head of an academic school not liable. 13. Who may be liable under special parental authority. Libi: Primary liability of parent-CLEARED UP ISSUE ON PRIMARY OR SUBSIDIARY LIABILITY 6. . 1. St. Balingit is not the “manager” contemplated in 2180 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 employed or on the occasion of their functions.Y. Amadora: 2180 applies to all schools. entity or institution engaged in child …have special parental authority and responsibility …to all authorized activities whether inside or outside the premises of the school. ISSUE: WON Balingit is liable under 2180. Francis: 2180 applies to school sanctioned activities and in the failure to perform assigned tasks. The terms “employers” and “owners and managers of an establishment or enterprise” DOES NOT INCLUDE THE MANAGER OF A CORPORATION. Fuellas: primary liability of parent (did not categorically state that parent is subsidiarily liable) (DEPENDIENTE) OF THE 4. Inc March 25. The bus driver suffered injuries and the bus was unusable for 79 days resulting in loss of income. Pasco: 2180 applies to teachers or heads not to school itself. No chance to Overturn Exconde. (Balingit’s defense was that he was not the employer of Pineda) TC: Dismissed complaint against Balingit as he is not the “manger” contemplated under 2180. 1975 FACTS: Fernando Pineda. 10. it cannot be countenanced in this appeal. so long as they remain in their custody Primarily and directly 8. Their pupils and students or apprentices. Casis _S. Palisoc: custody-protective and supervisory custody. (WON employers/owners/managers of an establishment/enterprise includes managers of corporations) HELD: No. PAF is a corporation with a personality separate and distinct from that of Balingit (this was not alleged in the complaint). Owners Establishments and Managers of *Rationale of employers being liable: policy consideration—allocating risks 2. driver of a Philippine American Forwarders freight truck hit a Philippine Rabbit Bus along a national highway. not an outsider for 2180 to apply. For damages caused by Liability 12. PSBA: offender must be a student of the school. But may invoke contractual obligation 14. activity should be inside school premises 4. 2007- 18 Philippine Rabbit Bus Lines. Important to note that:  Under the FC. judicial guardians. Exconde: Primary liability of parent 2180 applies only to arts and trades 2. vs. PhilAmerican Forwarders. no distinction is made WON School is ACADEMIC or NONACADEMIC Incident happened WITHIN OR OUTSIDE school premises.  2180 not limited to minors and liability of teacher is only when academic and not arts and trades Summary of cases: 1. Balingit. Inc. 11. Does not have to live or board with teacher or head Overturned Mercado. entity or institution Minor child while under their supervision. Since this was not raised in the lower court. Mercado: Custody=living and boarding with teacher or head 7. Soliman: No substitute parental authority over security guard who was neither an employee nor a student 15. Rodriguez-Luna: primary liability of parent 5. Mary’s. The argument that PAF is a mere business conduit of the Balingit spouses implies the piercing of the veil of corporate fiction. Overturned Exconde -Academic school-teacher-pupil -Arts & trades-head-apprentice Broad definition of custody 9. St. Salen: subsidiary liability of parent 3.

Vasquez December 1999   CLASS NOTES Castilex sold furniture (relevance: on “engaged in a business or industry” under A2180. saying Manhilig had an excellent record and exercised the diligence of a very cautious person. par5) RESPONDEAT SUPERIOR: CONCLUSIVE FAULT/NEGLIGENCE OF EMPLOYEE PATERFAMILIAS: PRESUMPTION JURIS TANTUM (REBUTTABLE PRESUMPTION)   16 Art. TC and Ca ruled for Vasquezs. The Court cited principles in American 18 The act of the agent is the act of the principal. NOTE: Sir says this case has the implication that par 4 is superfluous because par 5 encompasses everything. The driver didn’t stop. a biker. The criminal case did not prosper for failure to prosecute. Operation of Employer’s Motor Vehicle in Going to and From Meals The employer is liable if the vehicle is used to reduce his time-off and devote more time to the performance of is duties. 2007- 19 Jurisprudence even if the relationship is Respondeat superior18 not Pater familias.Torts Magic Notes for FINALS_revised by A2010 2008 5. CA June 1997 FACTS: A Philtranco bus. direct and joint and several or solidary with the driver (Art 2194)16. Whoever pays for the damage caused by his dependents or employees may recover from the latter what he has paid or delivered in satisfaction of the claim. The employer’s only recourse is to recover what it has paid from the employee who committed the fault or negligence (Art 2181)17. The action is an action for damages for QD under Art 2176 and 2180. in general. driven by Manhilig was being pushed and jumpstarted along a perpendicular street. Operation of Employer’s Vehicle in Going to and From Work The employer is liable if he derives some special benefit such as more time for the performance of duties or that such duties require the employee to circulate in a general area for work. hence employer should prove diligences as a defense WHY OWNER?-deeper prockets FACTS: Abad. Philtranco argues it exercised due diligence in the selection and supervision of its employees. ISSUE 2: WON Castilex has the burden of proving that Abad was not working within the scope of his assigned tasks HELD: NO. making Castilex liable   CLASS NOTE Employers liable because of paterfamilias Castilex v. Use of Employer’s Vehicle Outside Regular Working Hours The employer is liable if he derives some incidental benefit. The responsibility of two or more persons who are liable for quasi-delict is solidary. He hit Vasquez. . (1904) HELD: NO. in Philtranco v. WON engaged in a business or industry Encompasses negligent acts of employees as long as they were acting within the scope of their assigned tasks Prof.Y. The Court made distinctions between the 2 paragraphs.CA held the liability of Cadtilex was “vicarious not solidary contrary to TC’s ruling. but was forced to by a cop who saw the accident and boarded the bus. ISSUE 3: WON Abad was working within the scope of his assigned tasks. Casis _S. The latter is called the “special errand” or “roving commission” rule. 2181. Acuesta’s heirs sued Manhilig and Philtranco for QD. was driving his company-issued vehicle after office hours. The plaintiffs have the burden. hence 4th paragraph is useless 5th par-an expansion of the 4th par in both employer coverage and acts included cf Valenzuela-why different results? –coz Valenzuela. Employers NOTES: JURIS TANTUM (REBUTTABLE PRESUMPTION) WHY?coz hard for victim to prove that employer was not negligent (similar to res ipsa). ISSUE: WON Philtranco may be held liable for the act of Manhilig HELD: YES. It started suddenly and ran over Acuesta. ISSUE 1: WON CA erred in applying par 5 and not par 4 of Art 2180 HELD: NO. NOTES: IMPLICATION: 4th par covered by 5th par. but he died anyway. Note: This seems to contradict with Valenzuela v CA. He was working beyond office hours and was coming from a place where he had snacks. The place where the employee is coming from is material. SC ruled that the 5th par merely says being engaged in a business is not necessary for the paragraph to apply. Sir says there is no contradiction. Abad came from a different place. 4th par Owners and managers Covers negligent acts or employees committed either in the service of the branches or on occasion of their functions 5th par Employers.. and on a motorcycle. who had a student’s permit. 2194. The civil case for damages was filed by Vasquez’s parents. The fact that Abad was a manager and driving a company-issued vehicle is not sufficient to charge Castilex with liability. a production manager of Castilex. He who alleges must prove. (n) 17 Art. Abad brought him to the hospital. The employer is not liable when the vehicle is used for a personal benefit and returned to where it is normally kept. The Court has considered the liability of a registered owner of a public service vehicle for damages arising from tortuous acts of the driver as primary.

and therefore. formulation of suitable rules and regulations for the guidance of its employers. the issuance of proper instructions intended for the protection of the public and persons with whom the employer has relations through his employees. He got into a fistfight with Escartin. ER-EE relationship 2. The Labor Code applies only to liability caused by non-compliance with substantive labor standards on working conditions. Exception: Benefit to the ER GOING TO AND FROM WORK General rule: ER not liable OUTSIDE REGULAR WORKING HOURS Supervision includes: 1.Torts Magic Notes for FINALS_revised by A2010 2008  What’s the rule if we combine 2180 (4) and (5) as regards the liability of employer for the acts or omissions of employees? Requisites to hold the employer liable for torts under 2180: 1. knew of the license.   LRT v. Funtecha drove the jeep not for his enjoyment but for the service of Filamer. he requested Masa. is burdened with the duty of exercising utmost diligence. Masa yielded and on the way they hit a pedestrian. The presumption of liability was overcome. liable with him HELD: NPC. NPC and PHESCO are pointing fingers. a security guard and he fell unto the tracks. IAC August 1992 FACTS: Funtecha is a part-time janitor and scholar of Filamer. IN FURTHERANCE OF THE INTERESTS OF THE EMPLOYER OR FOR THE ACCOUNT OF THE EMPLOYER AT THE TIME OF THE INFLICTION OF THE INJURY. school president. averring it exercised due diligence in the selection and supervision of its employees. Presumptive liability of employer (when employee is driving a company vehicle) is determined by answering this Q: WON the servant was at the time of the accident performing any act in furtherance of his master’s business. Filamer v. Nicanor’s widow and children sued Escartin. Filamer did not exercise the diligence of a good father of the family. Requisites to hold the employer liable for torts under 2180: 1. The Court tries to utilize doctrine to support their cause. Q: is there an ER-EE relationship between the school and the student working part-time in the school? Prof. just used to determine the existence of EER 1. NCC applies! LC not strictly applied. Sir says there is a policy considerations. Employee must be acting within the scope of his assigned task American Jurisprudence: 3 situations (General Rule: Employer NOT liable.    CLASS NOTES par4 and 5 of 2180. PHESCO supplied Ilumba as a driver to NPC. Common carriers. The fact that he was not the school driver is insignificant. resulting in the death of 3 persons in the Tamaraw and injuries to 17 passengers. 2. • Through negligence or willful acts of its employees • On account of willful acts or negligence of other passengers or of strangers if the common carrier’s employees through the exercise of due diligence could have prevented the act or omission In the discharge of its commitment to ensure the safety of passengers. NOTE: Sir thinks this is a dangerous doctrine because even if the activity is far removed from the business/institution. ISSUE: Who is the employer of Ilumba. It appears that Agustin Masa. ISSUE: WON LRTA is liable HELD: YES. etc. Labor Code provisions do not apply even n the determination of an employer-employee relationship. Roman (the train driver). Navidad February 2003 FACTS: Nicanor was drunk when he entered the LRT station after buying a token. LRTA. LRTA and Roman filed counterclaims and Prudent denied liability. Besides. and 2. to let him drive them home where Funtecha also lives. Metro Transit and Prudent (security agency). PHESCO is a labor-only contractor because it does not carry on an independent business and does not have substantial capital. 2007- 20 2. This duty is not only during the course of the trip but for as long as the passengers are within the premises and where they ought to be in pursuance of the contract of carriage. Casis _S. Kapunan. each claiming Ilumba is the employee of the other. because Funtecha swerved right to avoid a fast-moving truck. Having a driver’s license. The Civil Code and NOT the Labor Code applies to determine NPC’s liability because the action here is based on the recovery of damages as a result of QD. In this case.Y. Exception: Employer LIABLE when he derives special business benefit) GOING TO AND FROM MEALS General rule: ER is not liable. employee must be acting within the scope of his assigned task NOTE: In Filamer. driver and son of school president. PROVISIONS OF LAW RENDER A COMMON CARRIER LIABLE FOR DEATH AND INJURY OF PASSENGERS: CLASS NOTE Labor Code provision that there is an ER-EE relationship is not applicable NPC v. there must exist an ER-EE relationship THAT IS APPLICABLE EVEN IF THE EMPLOYEE DERIVES SOME BENEFIT FROM THE ACT. it may hire its own employees or avail of . the employer may be held liable if it is in furtherance of the latter’s interests. It is merely an agent of NPC. ISSUE: WON Filamer is liable HELD: YES. CA August 1998 FACTS: A dump truck driven by Ilumba and owned by NPC collided with a Toyota Tamaraw. 3. The train hit him and he died instantly. by the nature of its business and reasons of public policy. The clause “within the scope of their by assigned tasks” for the purpose of raising the presumption of liability of an employer includes ANY ACT DONE BY THE EMPLOYEE.

establish 1st employee’s fault or negligence 2.Torts Magic Notes for FINALS_revised by A2010 2008 the services of a contractor. and except when state acts as a . the use of the car principally serves the business the private purposes and the goodwill of the company and only incidentally the private purposes of the employee who uses the car. agents and employees (unless special agent. This case is more of a roving commision Valenzuela case says that A2180 was modified by FC. resulting in the death of 3 and injuries to 3 others. she was bumped by Li 6. 2007- 21 juridical person capable of acquiring rights and contracting obligations)   CLASS NOTE Very useful provision in our day and age Merritt v. an Asst.. There is a presumption of negligence on the part of the employer. to swerve into the truck’s lane. Mngr of the company. Practical and utilitarian reasons (to reach clients conveniently) Thus. In either case. direct and solidary        CLASS NOTES This case defined actually defined special agent (although sir didn’t seem to remember): receives a definite and fixed order or commission. The relationship between Li and Alexander is Pater familias not Respondeat superior. She had lost her left leg (only some skin and muscle connected to the rest of her body) and had to be fitted with a prosthetic leg. it did not concede liability to Merritt.     CLASS NOTES not liable simply because of company car but because of bonus pater familias standard in A2180 – did not prove diligence and under 2nd instance discussed in Castilex juris tantum presumption (rebuttable) vs. At the time of the accident. Although the accident was caused by a government employee. The State is not responsible for the damages suffered by private individuals in consequence of the acts performed by its employees pertaining to their office because neither fault nor negligence can be presumed on the part of the State in the organization of branches of public service and appointment of its agents. The Government passed an Act authorizing Merritt to sue the Government. except when it acts through a special agent. the State did not undertake to guarantee to third persons the acts of all its employees for that would subject the State to countless suits. The accident was caused by 2 boys who darted into the street causing Kho. Li. the Court averred the privilege of using a company car serves 2 purposes: 1. The State is not liable for torts. In this case. ISSUE: WON the State is liable for damages HELD: NO. PRIMARY LIABILITY-but can be negated by due diligence in selection and supervision (allegedly drunk). juris et jure (conclusive) cf with Castilex: compare the place where Abad and Li came from along with the nature of Li’s job which required him to have a car. Though the State waived its immunity from suit. in which the ultimate liability falls upon the employer. Employer’s liability under 2180: 1. State -not liable for acts of its officers. While standing on the left rear side of the car. ISSUE: WON Alexander was liable HELD: YES. The car of the latter was registered to Alexander Commercial. the carrier is not relieved of its responsibility under the contract of carriage. foreign to the exercise of duties of his office if he is a special officer So in this case the chauffeur still was acting within his duty as a driver when he hit Merritt Merritt was one of the best constructors of wooden buildings at that time! Valenzuela v. CA February 1996 FACTS: Valenzuela had a flat tire and had to park her midnight blue Mitsubishi lancer on the side of the road. take note of discussion on practice of companies in issuing company cars    CLASS NOTES presumption that they are negligent flows from the negligence of their employee liability: primary. They did not interpose nor prove this defense. In this case. which is subversive to public interest.Y. Prof. driver of the Ford. watching someone changed her tire. The only defense is due diligence of a good father of a family. IAC July 1992 FACTS: A head-on collision between a cargo truck driven by Galang and a Ford Escort driven by Jose Kho. uses the car to facilitate meetings with clients. Casis _S. ISSUE: WON the employer of Galang is liable HELD: YES. he came from a coemployee’s place in BF Homes Pque. Government March 1916 FACTS: Plaintiff Merritt suffered severe injuries as his motorcycle collided with a PGH ambulance due to the negligence of the latter’s vehicle’s driver. The presumption is they came from a company function or discussed work-related matters. all passengers of the Ford. the driver is not a special agent within the contemplation of the law. presumption juris tantum that employer failed to exercise the diligence of a good father of the family in selection and supervision 3. McKee v. Note: Why is there a presumption? Sir says it is because it is difficult to prove the employer did not exercise due diligence in the selection and supervision of the employee. Image of success 2.

ISSUE: WON the Government should pay damages HELD: NO. Fontanilla v. Casis _S. he may be considered a special agent within the contemplation of the provision. It applies because it is ore specific. Whereas SEC 4 RA 409 REFERS TO LIABILITY ARISING FROM NEGLIGENCE. So. The award of the lease was a proprietary function.Y.   CLASS NOTES added special agent: aside from special commission. Respondeat superior applies. Mendoza v. streets. as opposed to ordinary government officials who were also agents    CLASS NOTES comment ni sir: charter is supposed to be more specific since it only applies to city of manila but civil code is more specific in determining liability for defective streets… You can argue either way. mayor. NIA’s functions are basically proprietary and incidentally governmental. IN GENERAL. the tortfeasors may be sued in capacities such as those in private corporations. rehabilitating and administering all national irrigation systems of the Philippines. Maliaman February 1991 FACTS: National Irrigation Administration was created for the purpose of constructing. ISSUE: WON NIA is liable HELD: YES. As he was about to board one. because the officers of the said institution did not act as special agents within the contemplation of Art 1903 in storing gasoline in the warehouse. any person by reason of the defective condition of roads. bridges. Where a private individual is commissioned to do a special task. public buildings. He also got contusions and abrasions on other parts of his body. city health officer.Torts Magic Notes for FINALS_revised by A2010 2008 Rosete v. he fell into an uncovered and unlighted manhole/catchbasin.Pangasinan. Auditor General August 1948 FACTS: Employees of the Emergency Control Administration had gasoline stored in their warehouse. It’s all about allocating risks. ART 2189 GOVERNS LIABILITY DUE TO “DEFECTIVE STREETS”. There is no showing that whatever negligence may be imputed to the ECA or its officers was not done by any special agent. Provinces. they can be sued…individual members of municipal council can be sued Does A2180 apply to municipalities? Yes delegation of powers  RULE: OFFICIALS: comprises all officials and employees of the government who exercise duties of their respective public officers SPECIAL AGENTS: all others who are acting by commission of the government. cities and municipalities shall be liable for damages for the death of. De Leon February 1916 . NIA’s driver caused the death of Fontanilla due to the fault and/or negligence. In a case for damages. IN PARTICULAR. the driver was an agent. In such a case. improving. There is no justifiable reason for revoking the lease awarded to Mendoza. saying ECA special agent. Such storage was contrary to a Manila ordinance. 2007- 22 FACTS: This is an action for damages against the individual members of the municipal council of Villasis. Teotico January 1968 FACTS: Teotico was waiting a jeepney. (n)   City of Manila v. The fact that it is under their control or supervision is enough to make them liable. He filed a suit for damages against the City of Manila. ISSUE: Which applies: Sec 4 of RA 409 (Charter of the City of Manila) or the Civil Code HELD: CIVIL CODE. At the time. Court always makes someone liable. 2189. He hit his head on the rim. city engineer. city treasurer and chief of police. which was awarded to Mendoza and gave it to someone else. Manila’s assertion that it did not own the street is of no moment. His parets fled a suit for damages. Rosete’s building were damaged. broke his glasses and the pieces of which pierced his eyelid. or injuries suffered by. Frayno negligently lit a cigarette 5 meters from a gas drum. the responsibility of the State is limited to that which it contracts through A SPECIAL AGENT DULY EMPOWERED BY DEFINITE ORDER OR COMMISSION TO PERFORM AN ACT OR CHARGED WITH A DEFINITE PURPOSE WHICH GIVES RISE TO THE CLAIM NOT WHERE THE CLAIM IS BASED ON ACTS OR OMISSIONS IMPUTABLE TO A PUBLIC OFFICIAL CHARGED WITH AN ADMINISTRATIVE OR TECHNICAL OFFICE WHO CAN BE HELD TO THE PROPER RESPONSIBILITY IN A MANNER LAID DOWN BY THE LAW ON CIVIL RESPONSIBILITY. whether individual or juridical bodies. it may be sued. Prof. COMMISSION HAS TO BE FOREIGN FROM ITS FUNCTIONS (but this was already in the definition given in Merritt so ewan ko kay sir kung ano bago dito!) Art. The municipality has 2 functions: governmental and proprietary/corporate.     CLASS NOTE Differentiated special agent from officials The case used Merritt’s definition of special agent Perfecto dissented. RA 3601 and PD 552 provide that NIA is a body corporate invested with a corporate personality and distinct from the government. CLASS NOTES when state acts in their proprietary function. ISSUE: WON the individual members of the council are liable HELD: YES. and other public works under their control or supervision. The council revoked a lease for an exclusive ferry privilege.

2191. (2) By excessive smoke. 1216. Travel expenses and salaries were paid to De Leon 455-456 Liability of engineer or architect/contractor for collapse of building constructed: obligation requires solidarity. so long as the debt has not been fully collected. Vicente and Luis were informed about Taylor’s trip and gave their approval. (4) By emanations from tubes. 121620) with the contractor. (n)     CLASS NOTES *under Lease Contract: the lessor is responsible for necessary repairs! 2. If the engineer or architect supervises the construction. The demand made against one of them shall not be an obstacle to those which may subsequently be directed against the others. Art. proposed to Ace Management to send Taylor to the US for further studies. 1723 speaks of a building that should collapse or edifice that falls. The collapse took place within 15 years from the completion of the structure b.Torts Magic Notes for FINALS_revised by A2010 2008 C. if it should be due to the lack of necessary repairs. general manager. (3) By the falling of trees situated at or near highways or lanes. He remained passive and even approved the payroll thrice. canals. he shall be solidarily liable with the contractor. (1144a) . Araneta discovered the arrangement and sued De Joya.-if a.-The engineer or architect who drew up the plans and specifications shall be liable for damages. the same should collapse by reason of a defect in those plans and specifications. which may be harmful to persons or property. The creditor may proceed against any one of the solidary debtors or some or all of them simultaneously. The contractor is likewise responsible for the damages if the edifice falls. 2007- 23 1. constructed without precautions suitable to the place. The concurrence of two or more creditors or of two or more debtors in one and the same obligation does not imply that each one of the former has a right to demand. The engineer or architect who drew up the plans and specifications for a building is liable for damages if within fifteen years from the completion of the structure. There is a solidary liability only when the obligation expressly so states.Y. the action for damages is brought within 10 years following the collapse 3. Rule in a contract for a piece of work is that acceptance of 19 Art. Prof. on account of defects in the construction or the use of materials of inferior quality furnished by him. he shall be solidarily liable (see Arts. A 3rd person suffering damage as a result of any defect in the construction may proceed. and c. or due to any violation of the terms of the contract. They were joint tortfeasors and have solidary liability under Art 2194. (1907) Art. Others 1. if not caused by force majeure. it does not apply to minor defects. Employees CLASS NOTES A2176 to make fellow employee liable Sir: take note of 1723 (interesting provision) Araneta v. the action for damages is brought within 10 years following the collapse 2. (1137a) 20 Art. 120719. 1207. if: a. Liability of engineer or architect. hence. it took place by reason of a defect in the plans and specifications. the edifice falls within the same period b. or when the law or the nature of the   CLASS NOTES Relevance: A2176 in this case was used to show a liability of a fellow employee 3. after completion. Acceptance of the building. The action must be brought within ten years following the collapse of the building. does not imply waiver of any of the cause of action by reason of any defect mentioned in the preceding paragraph. Effect of acceptance of work. Araneta’s defense of good faith falls on its face when he didn’t testify to prove it. Casis _S. The existence of a contract between parties is not a bar to the commission of a tort by one against the other and consequent recovery of damages. Joya May 1974 FACTS: De Joya. Proprietors shall also be responsible for damages caused: (1) By the explosion of machinery which has not been taken care of with due diligence. entire compliance with the prestation. or due to defects in the ground. the collapse took place on account of defects in the construction or the use of materials of inferior quality furnished by him. Engineer/Architect Art. or due to the defects in the ground. 1723. 2190. within the same period. against the engineer or architect or contractor. The proprietor of a building or structure is responsible for the damages resulting from its total or partial collapse. All three’s acts made them liable for the unauthorized disbursement of company funds. Liability of contractor. (1908) Taylor from company funds (signed by Vicente and Luis Araneta). or that each one of the latter is bound to render. and c. Solidary liability-In case the engineer or the architect supervised or directed the construction.Gen. and the inflammation of explosive substances which have not been kept in a safe and adequate place. or due to any violation of the terms of the contract. De Joya sent Taylor despite the Board’s disapproval. ISSUE: WON De Joya is liable HELD: YES. Proprietor of Buildings Art. 4. sewers or deposits of infectious matter.

(3) Freedom to write for the press or to maintain a periodical publication. whether or not the defendant's act or omission constitutes a criminal offense. Maddela seized the launch so Lim filed this case. The right against unreasonable searches and seizures is protected by the Constitution. Ponce ordered Provincial Commander of Palawan Maddela to impound the vehicle even though it had already been sold to a third party. (18) Freedom from excessive fines. (ABSOLUTE PROHIBITION)    CLASS NOTES Who can contest? Only the parties whose rights have been impaired Why is good faith not a defense? It will be contrary to purpose of the law. It conducted raids with defective search warrants where personal items were confiscated. who directly or indirectly obstructs. (6) The right against deprivation of property without due process of law. just follow orders – but GF not needed        CLASS NOTES Art. or any private individual. VII. Lim. 2007- 24 (15) The right of the accused against excessive bail. The indemnity shall include moral damages. ISSUE: WON Ponce de Leon may seize the launch without warrant HELD: NO. Fiscal Ponce de Leon filed an info against Taha. Subordinate officer not liable  illogical because Court already said that good faith is not a defense. conducted pre-emptive strikes against “known communist-terrorist underground houses”. There is no law which authorizes the fiscal to seize the corpus delicti of the crime. 21 Art. and effects against unreasonable searches and seizures. Ponce de Leon August 1975 . to be informed of the nature and cause of the accusation against him. expected to recognize the same. Provincial commander NOT LIABLE because of chain of command – Subordinate. Acceptance of the work by the employer relieves the contractor of liability for any defect in the work. unless: (1) The defect is hidden and the employer is not. (5) Freedom of suffrage. or cruel and unusual punishment. After initial hesitation. He next claims good faith. (11) The privacy of communication and correspondence. to have a speedy and public trial. intelligence units of the AFP. Only judges may issue warrants for seizure not fiscals. or (2) The employer expressly reserves his rights against the contractor by reason of the defect. (9) The right to be secure in one's person. After discovering where the launch was. except when the person confessing becomes a State witness. IT IS ENOUGH THERE WAS A VIOLATION OF CONSTITUTIONAL RIGHTS. violates or in any manner impedes or impairs any of the following rights and liberties of another person shall be liable to the latter for damages: (1) Freedom of religion. (12) The right to become a member of associations or societies for purposes not contrary to law. (13) The right to take part in a peaceable assembly to petition the government for redress of grievances. or from being induced by a promise of immunity or reward to make such confession. 32 is the basis for a civil action for violation of civil liberties. to meet the witnesses face to face. house. 1719.21 But mere acceptance of the building after completion. Any public officer or employee. (7) The right to a just compensation when private property is taken for public use. Take note: Art. Special rule: Judges are not covered unless done in excess of jurisdiction. (10) The liberty of abode and of changing the same. Violation of Civil and Political Rights Art. people were arrested without warrant and interrogated without proper procedures. and (19) Freedom of access to the courts. The Lim v. Ponce de Leon claimed there was no time to get a warrant. and to have compulsory process to secure the attendance of witness in his behalf. Ver April 1988 FACTS: Task Force Makabansa. but this does not matter because ART 32 DOES NOT REQUIRE A SHOWING OF GOOD FAITH/BAD FAITH. defeats. 32 says DIRECTLY or INDIRECTLY Private persons may be sued under this! Aberca v. but records show there was ample time. papers. (16) The right of the accused to be heard by himself and counsel. and mat be proved by a preponderance of evidence.Torts Magic Notes for FINALS_revised by A2010 2008 the work by the employer relieves the contractor of liability for any defect in the work. The responsibility herein set forth is not demandable from a judge unless his act or omission constitutes a violation of the Penal Code or other penal statute. Casis _S. (8) The right to the equal protection of the laws. FACTS: Jikil Taha sold Timbangcaya a motor launch. (17) Freedom from being compelled to be a witness against one's self. (14) The right to be free from involuntary servitude in any form. Taha forcibly took the launch back so Timbangcaya filed a complaint.Y. or from being forced to confess guilt. (4) Freedom from arbitrary or illegal detention. (n) Prof. does not imply waiver of any of the causes of action arising from any defect in the construction. (2) Freedom of speech. The violations of the plaintiffs’ rights were geared towards obtaining evidence to incriminate them. the aggrieved party has a right to commence an entirely separate and distinct civil action for damages. unless the same is imposed or inflicted in accordance with a statute which has not been judicially declared unconstitutional. TORTS W/ INDEPENDENT CIVIL ACTION A. and for other relief. 32. Such civil action shall proceed independently of any criminal prosecution (if the latter be instituted). Exemplary damages may also be adjudicated. by his special knowledge. In any of the cases referred to in this article.

real or imaginary. made in good faith. — A libel committed by means of writing. MHP was indirectly involved. omission. They instigated the raid which was conducted with the active participation of De Guzman. and shall require only a preponderance of evidence. Art. fraud. forms. ISSUE: WON the suspension of the writ of habeas corpus bars the civil action for damages. Libel means by writings or similar means. 355. clever and indirect ways which do not come within the pale of penal law. the civil action to enforce liability for damages is governed by the provisions of the Civil Code according to Art. theatrical exhibition. Revised Penal Code Title Thirteen-CRIMES AGAINST HONOR Chapter One-LIBEL Section 1— Definitions. –criminal in nature. The invocation of state immunity is misplaced because there is no blanket license to transgress upon rights and liberties guaranteed by the Constitution. 1 of Rule 107 of the 1940 Rules of Court ( Sec. Art. (2) The requirement of proof beyond reasonable doubt often prevented the appropriate punishment. or any act. Requirement for publicity.If act constitutes a criminal offense. They were informed that Cruz. Casis _S. or any similar means. Lugatiman and Gonzales were selling BSP uniforms without authority. hence not negligence. Definition of libel. and (2) A fair and true report. INCLUDING THEIR SUPERIORS. . 1162 thereof. 2007- 25   CLASS NOTE Take note: even private persons who participate can be held liable under Article 32 distinct from the criminal action. Fraud and Physical Injuries Art. or of a vice or defect. or circumstance tending to cause the dishonor.for these reasons: (1) In most case. CA September 1994 FACTS: MHP was awarded the exclusive franchise to sell and distribute official uniforms and supplies of the Boy Scouts of the Philippines. may be brought by the injured party. 34 and 2176 of the Civil Code is a substantive right intended as an exception to and held as an amendment of the general rule in Sec. — Every defamatory imputation is presumed to be malicious. (3) Direct and open violations of the Penal code trampling upon the freedoms named are not so frequent as those subtle. legislative or other official proceedings which are not of confidential nature. status. condition. Defamation. They sought the aid of the Philippine Constabulary. 32. 354. -the nature of civil action for damages which Art. The suspension does not destroy the right or cause of action for illegal arrest and other violations of constitutional rights. radio. printing.The right to institute an independent civil action under Arts. — A libel is public and malicious imputation of a crime. discredit. The proper method would have been to report the matter and secure a warrant. seized the goods and caused a commotion. 353. What is merely suspended is the right to seek release through the writ as a speedy means of obtaining liberty. without any comments or remarks. AS THE PROVISION INCLUDES NOT ONLY THOSE DIRECTLY BUT ALSO INDIRECTLY RESPONSIBLE. 1 Sangco 228-255 (1993) . moral or social duty. Prof.Torts Magic Notes for FINALS_revised by A2010 2008 defendants filed a motion to dismiss on the ground that the writ of habeas corpus was suspended and that they were only performing their official duties. ART 32 RENDERS THE DEFENDANTS LIABLE. or to blacken the memory of one who is dead. In cases of defamation. engraving. the victim may opt between a civil action under Art. B. painting. The evidence presented did not justify the treatment of the respondents. . . or both.Y. .Code Commission: The creation of an absolutely separate and independent civil action for the violation of civil liverties is essential to the effective maintenance of democracy. shall be punished by prision correccional in its minimum and medium periods or a fine ranging from 200 to 6. or of any statement. except in the following cases: (1) A private communication made by any person to another in the performance of any legal. representative of MHP. The Constitution protects people against unreasonable searches and seizures. entirely separate and .These independent actions should not be deemed instituted with the criminal action and the right to institute them should not be made subject to their prior reservation. {{{   CLASS NOTE May superiors be liable? Yes. Such civil action shall proceed independently of the criminal prosecution. 33. lithography. even if it be true. Constabulary men and De Guzman. and the Rules on Civil Procedure. and physical injuries a civil action for damages. 32. and punishment of this crime. 1 Rule 111 of the 1964 Revised rules of Court) .A violation of any of the individual rights and liberties enumerated in Art. 32 may or may not constitute a criminal offense.If act is not a criminal offense. of any judicial.   MHP Garments v. because they are indirectly responsible Writ’s effect: suspension immaterial Respondeat superior: liable INDIRECTLY responsible (A32) because Art. phonograph. went to the stalls. cinematographic exhibition. 100 of the RPC and an independent civil action under Art. in addition to the civil action which may be brought by the offended party. all without warrant.000 pesos. ISSUE: WON MHP and De Guzman may be held liable HELD: YES. HELD: NO. report or speech delivered in said proceedings. the threat to freedom originates from abuse of power by government officials and peace officers. 33 allows to be instituted is ex delicto. if no good intention and justifiable motive for making it is shown. 33. or contempt of a natural or juridical person. or of any other act performed by public officers in the exercise of their functions.

Islamic January 2003 FACTS: An issue of Bulgar wrote an article stating that Muslims don’t eat pigs because they treat them as Gods. or both. Defamation MVRS v. daily or magazine. otherwise the penalty shall be arresto menor or a fine not exceeding 200 pesos. — The penalty of arresto mayor in its maximum period to prision correccional in its minimum period or a fine ranging from 200 to 1. It cannot overturn an en banc decision. ISSUE: WON Judge Caro erred in dismissing the civil action HELD: YES.   CLASS NOTE Art 33 does not affect in any way the criminal action. Prohibited publication of acts referred to in the course of official proceedings. 2007- 26 FACTS: Despuig filed a complaint against Arafiles for forcible abduction with rape and forcible abduction with attempted rape. Slander by deed. *Crim case and civil case (for the same act) may proceed independently of each other    CLASS NOTE Reckless Imprudence is not included in Art. alleging gross negligence. 1. editor or manager or a newspaper. who shall publish facts connected with the private life of another and offensive to the honor. Under the Rules of Court and Art 33. An info for homicide and double serious physical injuries through reckless imprudence was filed against Paje. 1983 FACTS: Victory Liner bus driven by Paje collided with a jeep driven by Marcia. Journalists March 2004 PARTICULAR They cannot . which shall cast dishonor. ISSUE: WON MVRS may be held liable HELD: NO. The latter interviewed the former and wrote an article about the incident. It must be read in the sense readers to whom it is addressed would ordinarily understand it. saying reckess imprudence is not included in Art 33.Torts Magic Notes for FINALS_revised by A2010 2008 Art. She executed a sworn statement to that effect witnessed by Morales. It depends on the scope. accident. Heirs of Marcia reserved the right to file a civil action separately and later did. no civil action shall proceed independently of the criminal prosecution. alleging the story was a product of sheer ignorance but with the intent to hurt the feelings. Physical injuries is used in the generic sense. meaning bodily injury not the crime in the RPC. or both. virtue and reputation of said person. ISSUE: Won the acquittal of the accused serves as a bar to the civil action for damages HELD: The charge against Paje was not for homicide and physical injuries but for reckless imprudence or criminal negligence resulting in homicide and physical injuries They are not one of the three crimes mentioned in Article 33 of the Civil Code and. but this was dismissed. The civil action is ex-delicto and aimed to allow the offended party to enforce his rights in a private action. Art. his widow filed a civil action for damages. spouse. — Oral defamation shall be punished by arresto mayor in its maximum period to prision correccional in its minimum period if it is of a serious and insulting nature. the point of this case is that one may file a criminal complaint and a civil one in one court and both could proceed independently of each other. shall be imposed upon any reporter. To be liable under Art 33. Phil. Prof. Casis _S. child. his editor and the president of the publisher. Slander. 358. a separate civil action may be instituted. This case also says Corpus v Paje. cast insult and disparage Muslims of the world. is not authoritative. discredit or contempt upon another person. therefore. even though said publication be made in connection with or under the pretext that it is necessary in the narration of any judicial or administrative proceedings wherein such facts have been mentioned.000 pesos. or other members of the family of the latter or upon anyone who shall offer to prevent the publication of such libel for a compensation or money consideration.000 pesos shall be imposed upon any person who shall perform any act not included and punished in this title. The libel suit will not prosper because NOT IDENTIFY SPECIFICALLY NOR REFER TO ANY INDIVIDUALS TO BE THE SUBJECT OF THE PUBLICATION. 356. Heirs of Marcia instituted this separate civil action for damages. Art. — The penalty of arresto mayor or a fine from 200 to 2. Islamic Da’wah Council of the Philippines and individual Muslims filed a complaint for damages. ISSUE: WON the accused were liable for damages HELD: NO. 359. Note: According to Sir. spirit and motive of the piece.000 pesos. shall be imposed upon any person who threatens another to publish a libel concerning him or the parents. Japzon for the death of Madeja after an appendectomy. the penalty shall be arresto menor or a fine not exceeding 200 pesos. 357. Marcia died and 2 other were seriously injured.Y. Pending the criminal case. In actions for libel. Threatening to publish and offer to present such publication for a compensation. 33  no independent civil action Article 33 construed strictly Madeja v Caro December 1983 FACTS: A criminal action was filed against Dr. the damage should arise from a crime. the published work must be examined and viewed as a whole. If said act is not of a serious nature. Arafiles filed a complaint for damages against Morales. saying his reputation was ruined by the story. IT DID Marcia v CA January 27. Note: Madeja v Caro is a division case. Morales could have used better words. — The penalty of arresto mayor or a fine of from 20 to 2. but he did state that his story was based on the account of Despuig at the station. CA acquitted Paje stating that the case was a pure Arafiles v. Art. Trial court dismissed.

While the case was pending. 2007- 27   CLASS NOTES fraud here is not simply estafa. Buan spouses.    CLASS NOTES violation of a trust receipt is a violation under Article 33 Since there is FRAUD. There is no obstacle for the filing of a separate complaint for damages even if there is already a criminal complaint for violation of Sec 3 of the Trust Receipts Law. The Court said that it included bodily injury resulting in death. ISSUE: WON Rayon is liable HELD: YES. which is defamatory 3.    CLASS NOTES important: definition of defamation. ISSUE: WON the MTD should be granted HELD: NO. 3. The machinery was sold and the proceeds kept. Casis _S. THE CASE FOR RECOVERY UNDER QD MUST BE INSTITUTED WITHIN 4 YEARS FROM THE ACCRUAL OF THE RIGHT OF ACTION. for a member to have a cause of action. There is a fiduciary relationship between Rayon and Prudential. Anent Art. The letter of credit and trust receipt remained unpaid. An info for homicide and double serious physical injuries through reckless imprudence was filed against Paje.Torts Magic Notes for FINALS_revised by A2010 2008 be held liable just because the words were insulting or offensive. IAC December 1992 FACTS: Philippine Rayon enetered into a contract with Nissho for the importation of textile machineries under a 5-year deferred-payment plan. Rayon applied for a commercial letter of credit with Prudential in favor of Nissho. Capuno heirs filed a similar complaint. Physical Injuries Capuno v. what is the relation to libel and slander (big circle): Definition of defamation broader than slander/libel you have to prove specific damage to you and that there was an intent to damage or hurt you. but 2 civil cases were filed. Rayon sold the machinery without turning over the proceeds to Prudential as agreed upon so it violated the agreement.  CLASS NOTE  This case demonstrates a literal reading of A33  The action filed was based on A31 and A33  ON A33: civil action for damages could have been commenced by Capunos immediately upon death of Cipriano Capuno Corpus v. ISSUE: WON the action is barred by the Statute of Limitations HELD: YES. Prudential Bank v. Contrary to the Capuno’s assertion. 33. THE ACQUITTAL IN THE CRIMINAL CASE WILL NOT BE AN OBSTACLE FOR THE CIVIL CASE TO PROSPER UNLESS THERE IS A FINDING IN THE CRIMINAL CASE THAT EVEN CIVILLY THE ACCUSED IS NOT LIABLE. Salta filed motions to dismiss based on the acquittal. the estate and heirs of the Buan spouses filed a separate complaint for damages against Pepsi and Elordi. there being an allegation of fraud and negligence. he indiscriminately granted some loans in a manner characterized by negligence fraud. the prescription period was not interrupted by the filing of the criminal action inasmuch as they never waived nor reserved to file the civil action separately. A trust receipt was signed in favor of Prudential. The criminal case was dismissed. but Judge Purisima granted the other. Swindling is just a specie of an offense committed by means of fraud. manifest partiality and upon securities not commensurate to the loan. Pepsi April 1965 . died. of and concerning the plaintiff If the article refers to a group. ESTAFA COMES UNDER FRAUD AND SO AN ACTION UNDER ART. he must prove that the article particularly pertains to him. Heirs of Maria reserved the right to file a civil action separately and later did.Y. NOTE: cf Worcester Prof. Sec 13 of the same law considers the violation as Estafa. Elordi was charged with triple homicide through reckless imprudence. As a manager. can file independent and distinct civil action based on Article 33 There is no such finding in this case. The parties in the latter case compromised so the case was dismissed. 33 MAY BE BROUGHT. there are prerequisites to recovery: 1. The acquittal was based on the ground that the reckless imprudence or criminal negligence charged did not exist and the collision was pure accident. Art 33 applies. ISSUE: WON the acquittal of Paje in the criminal case bars the civil action HELD: YES. Judge de Veyra denied one MTD. THAT IS RECKLESS IMPRUDENCE. According to Puno. Fraud Salta v. FACTS: A Pepsi delivery truck driven by Elordi collided with a private car driven by Capuno. Marcia died and 2 other were seriously injured. Capuno and his passengers. Later. Veyra September 1982 FACTS: Salta was an employee of PNB. CRIMINAL NEGLIGENCE. Acquittal was based on insufficiency of evidence. Prudential filed an action for damages against Rayon and its president. Paje July 1969 FACTS: Victory Liner bus driven by Paje collided with a jeep driven by Marcia. 2. Rayon wilfully and fraudulently misapplied or converted the money for their own use. published statement 2.

a division case cannot overturn an en banc decision. also of the Civil Code. This case also says Corpus v Paje. a security guard. PHYSICAL INJURIES IS USED IN THE GENERIC SENSE. It cannot overturn an en banc decision. here. Superguard and Safeguard (both companies believed to be Torzuela’s employers). reckless imprudence is included in A365.Meaning and scope of physical injuries: Like that provided in Art. 2176 of the Civil Code. deceit. SC. MEANING BODILY INJURY NOT THE CRIME IN THE RPC. looking at Art 111 of the ROC. (3) a civil action for physical injuries under Art.  Action has also already prescribed. based on the Constitution. This is analogous but not identical to that provided in Art 102 1 Sangco 255-282 (1993) . said that the civil action is impliedly instituted with the criminal action unless the offended party (Civil action deemed instituted): 1. attempted and frustrated homicide. Note: Madeja v Caro is a division case. and assault and battery under American law.  CLASS NOTES  Law punishes the negligent act. For this. Casis _S.  According to Sangco.  2 things to remember about A33. TO BE LIABLE UNDER ART 33. 4 of which merely concurred with the result. 32. It is simply a way of committing it and merely determines a lower degree of criminal liability. Since policemen are usually insolvent. This separate civil action is similar to the action in Tort for libel or slander. (reasoned that Instant civil action may be instituted ONLY AFTER FINAL JUDGMENT in criminal action) ISSUE: WON Judge Caro erred in dismissing the civil action HELD: YES. fraud. the crime is homicide not reckless imprudence so a separate civil action may be filed. Physical injury refers to bodily injury and is not the same as physical injury as defined in the RPC. “Reckless imprudence is not a crime in itself. . The term physical injuries has been held (in Madeja vs. Japzon for the death of Madeja after an appendectomy. Under the Rules of Court and Art 33.Y. Civil action is ex-delicto 1 Sangco 334-335 (1993) The basic function of government is the protection of life and property and it is also the main justification for the existence and maintenance of its police force. is not authoritative because no sufficient number of votes). Dulay v.” (People v Feller) . saying reckess imprudence is not included in Art 33. shot Atty. CC: 1.According to the Code Commission. in that. ISSUE: WON an independent civil action may proceed HELD: YES. Art. namely: (1) a civil action for damages resulting from reckless imprudence under Art. 100 in relation to Art.Torts Magic Notes for FINALS_revised by A2010 2008 IS NOT ONE OF THE Prof. or physical injuries.Where the physical injuries results from a negligent act or omission. The act of the Dulays of instituting a separate civil action under Art 33 is allowed. However. such peace officer shall be primarily liable for damages. 2007- 28 3 CRIMES MENTIONED IN ART 33 WHICH AUTHORIZES THE INSTITUTION OF AN INDEPENDENT CIVIL ACTION.  Sir does not think that “physical injuries” should be limited to the crime with the same name. and a preponderance of evidence shall suffice to support such action. 100 will apply with respect to civil liability  In Criminal negligence. the injured party will have three causes of action to choose from and bring a civil action for. alleging gross negligence. Pending the criminal case. 365 of the RPC. Dulay while he was on duty at the “Big Bang sa Alabang” due to some altercation. (2) a civil action for physical injuries arising from a quasi-delict under Art.   C. act punished negligent/careless act.  Rule: RI not included in Art. and the city or municipality shall be subsidiarily responsible therefor. 34. reserves the right to institute it separately 3. Caro) to include consummated. THE DAMAGE SHOULD ARISE FROM A CRIME. When a member of a city or municipal police force refuses or fails to render aid or protection to any person in case of danger to life or property. the independent civil action contemplated in Art. the law secures payment by holding the City or municipality subsidiarily liable. 2. 33. only 9 justices took part. this article “creates an independent civil action in case of defamation.” Madeja v. . waives the civil action 2. fraud or physical injuries which may or may not constitute criminal offenses.On Corpus and Marcia: This is an apparent misconception of the independent civil action contemplated in Art. Neglect of Duty CLASS NOTES Art. but this was dismissed. The civil action is ex-delicto and aimed to allow the offended party to enforce his rights in a private action. 33 is for damages caused by defamation. not the result FACTS: A criminal action was filed against Dr. a separate civil action may be instituted. 33 hence the effect: NO independent civil action—Art. This is clearly an exception to its non-suability as a political subdivision of the State. 33: ex-delicto acts acts should constitute a crime. 33 and of reckless imprudence being the crime itself and not its results. Caro December 1983 . his widow filed a civil action for damages. The civil action herein recognized shall be independent of any criminal proceedings. institutes it prior to the criminal action This case differs from Marcia v CA. members of the force are directly and personally liable for damages caused by their refusal or failure to render this basic service.  In Corpus v Paje. CA April 1995 FACTS: Torzuela. Dulay’s widow filed an action for damages against Torzuela.

Such civil action may be supported by a preponderance of evidence. If during the pendency of the civil action. Velayo. which may or may not affect it.Torts Magic Notes for FINALS_revised by A2010 2008 and 103 of the RPC because the conviction of the defendant policemen is absolutely immaterial and irrelevant to the city’s or municipality’s liability. plaintiff is not required to file an indemnity bond because there is no possibility that it was maliciously instituted. etc. The creditors agreed to form a committee that would take charge of the distribution of assets.Distinguished from Art. Upon the defendant's motion. When a person. plaintiff may file a bond to indemnify the defendant in case the complaint should be found to be malicious.In all cases not covered by Arts.principle of abuse of rights Art. WON it is punishable. covers everything D. 19 . the complaint may bring a civil action for damages against the alleged offender.but the judge or the prosecuting attorney finds no reasonable ground to believe that a crime has been committed and the latter refuses or fails to institute criminal proceedings. . 35. an information should be presented by the prosecuting attorney. he is entitled to bring a civil action therefor and obtain a judgment on the basis thereof. 5. Shell Co. . Where no criminal action is instituted because a prima facie case cannot be established. INTENTIONAL TORTS Art. 35.An aggrieved party need not be the victim of a criminal or punishable act or omission to be entitled to damages. Art 34 specifically applies only to members of the police force of the city or municipality. any person who believes that he is the victim of a criminal offense. 2. Casis _S. It may also be consolidated with the criminal action. Action for Damages where no independent civil action is provided Art. or the prosecuting attorney refuses or fails to institute criminal proceedings. Shell made a transfer of credit against CALI to American Shell Oil Company.    catch all provision what’s punished in 365. charges another with the same. Every person must. 34 and 2176 of the Civil Code or by a special law. was appointed a member of the committee.  there is a bond because of the high probability that the suit may be malicious 7. As a consequence of such refusal or failure to render assistance or protection. there is no need to file an indemnity bond where a crime has indubitably been committed or such a criminal action is subsequently instituted.Y. 4. is alleged and shown to be the proximate cause of the damage or injury he sustained. if no criminal action is filed during its pendency. but the latter refused or failed to render the same. claiming to be injured by a criminal offense. 35. civil action shall be suspended until the termination of the criminal proceedings. So long as the act or omission complained of. 1956 FACTS: CALI informed its principal creditors that it was in a state of insolvency and had to stop operations. Under Art.Implicit are the ff propositions of fact and law: 1. Key elements of a civil action for damages under Art 34: 1. an employee of Shell. Aggrieved part has opted not only to recover his damages in a civil action therefore under Art. and observe honest and good faith. The civil action for damages may be instituted independently of the institution or pendency of any criminal proceedings arising from the same dereliction and regardless of the result thereof. for which no independent civil action is granted in this Code or any special law. Fitzgerald.deals with acts contra bonus mores Casis: real catch-all. the A. in the exercise of his rights and in the performance of his duties. the plaintiff suffered damages. give everyone his due. Where a criminal action is subsequently instituted. He is granted the right to institute such civil action for damages WON the criminal action upon which it is based is filed. or defendant was aware of plaintiff’s need for such assistance or protection. 19. prosecute it to final judgment. 100 of the RPC. 3. 33. 21 . The defendant is a member of the city or municipality police force. presumably no indemnity bond may be sought or required since there is no apparent justification for it.may bring a civil action for damages under Art. is rendered. of the Phils. VIII. Abuse Of Rights Art. RPC is the negligence and the resulting damage Take note of this—not a very often used provision Prof.general sanction for all other provisions of law which do not essentially provide for their own sanction Art. and prove the same by a preponderance of evidence. The plaintiff either sought police assistance or protection against danger to his life or property. and may be proved by preponderance of evidence. October 31. 2007- 29 1 Sangco 335-338 (1993) . et al. but the justice of the peace finds no reasonable grounds to believe that a crime has been committed. act with justice. The direct and personal liability for nonfeasance contained in Art 27 is general and does not constitute a criminal act nor provide for subsidiary liability of the locality. the court may require the plaintiff to file a bond to indemnify the defendant in case the complaint should be found to be malicious. But this must be further qualified. 32. If the criminal action is filed during its pendency. v.  because it is based on civil liability arising from a criminal offense 6. 30: Under Art. 20 . such civil action shall be suspended until final judgment in the criminal case. but also to institute such civil action ahead of and separately from the criminal action to enforce defendant’s criminal liability 2. Aggrieved party believes that the act or omission which cause the injury constitutes a criminal offense 3. After the committee met. . Civil Code or any special law does not grant him the right to institute a civil action for damages independently of the criminal action 4. 30. American Shell Oil filed a complaint against .

set certain standards which must be observed not only in the exercise of one’s rights but also in performance of one’s duties… …to act with justice …to give everyone his due …to observe honesty and good faith    A19 is a mere declaration of principle which provides for the standard of conduct. Philippine Law applied because it is where Saudi Arabian deceived Morada. G. The elder Baltao then filed a suit for damages against Albenson. NO HELD: When a right is exercised in a manner which does not conform with the norms of Article 19 and results in damage to another. The working committee was formed specifically for the creditors to not sue CALI  The court used A2253 and A2254. Instead. 2007- 30 HELD: There is no rigid test to determine when Art. she honestly believed that her employer would act with justice and give her what is due. and socializing with male crew. ISSUE: WON Shell can be held for damages. RULE: Q of WON the principle of abuse of rights has been violated resulting in damages under Art. depends on the circumstances of each case. the place where most of the crimes was committed would determine what law should be applied.Torts Magic Notes for FINALS_revised by A2010 2008 CALI and a writ of attachment was issued on CALI’s C54 plane. However.to give everyone his due O -to observe honesty and GF CLASS NOTES   CLASS NOTES In the context of international law. most of the violation of rights were committed in SAUDI! BUT COURT HELD THAT RP LAWS SHOULD BE APPLIED: no unnecessary difficulties and inconvenience shown by either parties if RP + Saudi already submitted to the jurisdiction of QC RTC This case demonstrates the broad application of A19 and A21. YES HELD: Article 19 merely declares a principle of law and Article 21 gives flesh to its provisions. However. According to her. A19’s “lofty” ideal is to “VOUCHSAFE ADEQUATE LEGAL REMEDY FOR THAT UNTOLD NUMBERS OF MORAL WRONGS WHICH IS IMPOSSIBLE FOR HUMAN FORESIGHT TO PROVIDE FOR SPECIALLY IN THE STATUTES”   CATCH ALL    What constitutes the abuse of right? Not the transfer of credit per se but Mr.to act with justice employer that it was routinary. A 19. Shell had no vested right to betray the confidence of the insolvent CALI or of its creditors. Standards: 1. Although an employer who suspects an employee to be dishonest may dismiss the latter. Her two co-workers tried to rape her. CA October 8. an EVP. It filed a complaint for violation of BP 22 against Eugenio S. She filed a case against them. 21. 1998 FACTS: Morada was employed by Saudi Arabian Airlines as a flight attendant. NCC to rule upon the issue Albenson v. the employer may not do so in an abusive manner. Prof. Shell’s act of taking advantage of his knowledge of the plane showed bad faith and betrayed the confidence and trust of the other creditors. this is to be determined upon the unique circumstances of each case. He uncovered certain fraudulent transactions. going to disco. she was pressured to drop the case while her employer’s Chief Legal Officer stood by. 21 are not conflicts of law provisions but were applied in a conflicts of law case. Tobias was fired. ISSUE: Morada had cause of action. Globe Mackay v.  A21 implements A19 by providing for a consequence which is not found in A19. Baltao. YES HELD: Even though Arts. 19 has been violated.    CLASS NOTES Right to dismiss should not be confused with the manner in which the right is exercised: there was name-calling. in violation of Islamic laws. and 23 only came into effect after the incident. ISSUE: WON Albenson was liable for damages. 20. Tobias was charged with estafa. Casis _S. accused him of being a crook and a swindler. Despite this. they are still applicable. 2. The cases against him were dismissed. and was sentenced to be lashed. Hendry. his son Eugenio Baltao III. her employer failed to protect her. She then attended a hearing.Y. it is clear that the petitioners abused the right that they invoke – right to dismiss an employee. Hendry then sent a letter to Tobias’ potential employer alleging his dishonesty. a LEGAL WRONG is committed for which the wrongdoer must be held responsible. Fitzgerald was already appointed as 1 of the members in the working committee tasked to determine the division of assets. Upon the facts of the present case. CA August 25. ISSUE: WON Tobias was entitled to damages. it appears that the respondent had a namesake. In this case. this case is actually wrong: If the concept of Lex Loci delicti commisi would be followed. He employer refused to help her. A. threats. 20 or 21 or other applicable provisions. 1993 FACTS: Guaranteed issued Albenson a check as payment for the mild steel plates it ordered. She was shocked when she was sentenced to be imprisoned for adultery. YES Saudi Arabian Airlines v. Tobias filed an action for damages against Hendry and Globe. “You Filipinos cannot be trusted!” A19: Principle of abuse of rights. The check bounced. CA January 11. 3. 19. 1989 FACTS: Tobias was employed by Globe Mackay as a purchasing agent. However. after being assured by her . Albenson found out that the check belonged to Eugenio Baltao.

What we have here is an illegal act. There was no more right for him to abuse! This is not a case of abuse of right. by the time the decision was rendered. the former are useless. There is a legal right or duty HELD: Even though Amonoy’s actions were legally justified at the start. not a civil case based on A19 Baltao did not clarify that there were 3 of them     CLASS NOTES “Schools and professors cannot just take students for granted and be indifferent to them.abuse of duty is not a right 2. 19:-intended to expand the concept of torts by granting adequate legal remedy for the untold moral wrongs which is impossible for human foresight to provide specifically in statutory law. 3. The ICI faculty has reacted “acidly” her reinstatement. especially to the prejudice of others. (Volenti non fit injuria). Gutierrez February 15. What Amonoy did was contempt of court Problem: relied upon Testimony solely of Guitierrez (when it is self-serving)     CLASS NOTE Question: Why did this case enumerate the elements of an abuse of right under Art. Prof. Arts. would render the transaction unconscientious. the school’s founder. The exercise of a right ends when the right disappears.Y.” Petitioner (university) cannot just give out its students grades at any time… Can you sue professor for not giving grades on time? No. Jader attended the graduation and prepared for the bar. The SC then made the TRO permanent. ISSUE: WON respondents were liable for damages. However. UE v. NO HELD: Whatever loss Garciano may have incurred in the form of lost earnings was self-inflicted. their continuation even after the TRO was issued amounted to an abuse of his right. Amonoy’s acts constituted not only an abuse of a right. She was later sent a letter informing that Fr. Jader February 17. -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 providence and in GF. Garciano failed to report back in time. The Gutierrez spouses then filed a suit for damages. together with the absence of all information or belief of facts. In this case. particularly when he was already preparing for the bar. but an invalid exercise of a right that was suspended. and it disappears when it is abused. ABSENCE OF GOOD FAITH MUST BE SUFFICIENTLY ESTABLISHED FOR A SUCCESSFUL PROSECUTION BY THE AGGRIEVED PARTY IN A SUIT FOR ABUSE OF RIGHT UNDER    Garciano v. Should be the school. 19 can be committed via negligence . Casis _S. UE’s defense was that Jader should have verified grade! ISSUE: WON UE was liable for damages. However. Amonoy v. He later learned of his deficiency. Which is exercised in bad faith For the sole intent of prejudicing or injuring another. A19 presupposes an existing right. YES honest intention ARTICLE 19. Jader sued UE for damages. 19 when there is supposedly no “hard and fast rule?” Art 19 and 21. Wiertz’s. 2001 FACTS: The lot on which the Gutierrez spouses built their house was bought by Amonoy in an auction sale. the house was already destroyed. 19-21-expand the scope of our law on civil wrongs Common element under 19 and 21: act must be intentional     CLASS NOTES Rule: Action which was originally legal can become illegal if exercised abusively. It also showed bad faith in belatedly informing Jader of the result of his removals. Art 20intentional or negligent acts (does not distinguish) Albenson claims that MP should have been filed.Torts Magic Notes for FINALS_revised by A2010 2008 The elements of an abuse of right under Article 19 are: 1. 1992 FACTS: Garciano. a teacher at the Immaculate Concepcion Institute was granted an indefinite leave of absence to go to Austria. The Board of Directors reinstated her. but not when he acts with negligence or abuse NOTES: -does not adhere strictly to the 3 elements -seems to say that Art. Albenson’s complaint was a sincere attempt to find the best possible means to collect the money due to them. The legal principle applied in this case is damnum absque injuria. for without the latter. The law does not impose a penalty on the right to litigate. ISSUE: WON Amonoy was liable for damages. CA August 10. YES HELD: UE had the contractual obligation to inform its students as to whether or not all the requirements for the conferment of a degree have been met. decided to terminate her services (BUT ONLY Board of Directors has the power to terminate her services). Amonoy was granted an order for the demolition of the house. Good faith connotes an to abstain from taking undue . 2000 FACTS: Jader was a law student at the University of the East. On Art. He failed to take the regular exam for Practice Court I so he was given an incomplete grade. 2007- 31 advantage of another.intentional acts. Garciano then filed a complaint for damages. He took the removals but he was given a grade of five. a temporary restraining order was granted enjoining the demolition. even though the forms and technicalities of the law.

Their contract provides for automatic suspension or cancellation. A person who. He sued BPI for damages claiming that he had an agreement with BPI and that he sent a check to BPI to cover the balance and future bills in exchange for non-suspension of his credit card. Elements of Art. CA February 9. v. there must be NO INTENTION TO INJURE ANOTHER. CA FACTS: Atty. Marasigan’s credit card was denied at Café Adriatico after he failed to pay his outstanding balance. Prof. refused to sign written employment contact. The terms and conditions of the contract were clear=automatic suspension for failure to pay outstanding balance after 30 days from original bill. HOW ABUSE? Rejection. =automatic cancellation after 60 days 2. An abuse of right exists when it is exercised for the ONLY PURPOSE of prejudicing or injuring another Acts which without legitimate purpose cause damage to another violate the concept of social solidarity which considers law as rational and just.     CLASS NOTE Respondents did not physically prevent her from working Teachers were simply exercising Right to speech. The exercise of a right must be in accordance with the purpose for which it has established. It also stated that it suffered injury to its reputation. Test of Abuse of Right: modern jurisprudence does not permit an act although lawful is anti-social.Torts Magic Notes for FINALS_revised by A2010 2008 indefinite LOA. which it sold to MERALCO. Phelps filed a complaint to recover the amount.  CLASS NOTE . Acts Contra Mores Art. 3. Marasigan was not able to comply with their agreement. did not report for work. and must not be excessive or unduly harsh. there is a legal right or duty 2. BPI abused its right to suspend or cancel the card because it did not mention to Marasigan that his card will be suspended despite several communciations. does not act in an abusive manner is not deemed to have acted in a manner contrary to morals. CA) B. or public policy as to violate Article 21. BPI did not capriciously and arbitrarily canceled the use of the card. She did not comply with the order to return to work. Garciano was also at fault. The provision. Barons admitted purchasing the items but denied the amount. in exercising his rights. Barons purchased items on credit. In this case. GF presumed. there was damage but no injury (Custodio vs.Y. considering relationship of the parties) ISSUE: WON Barons was entitled to damages. CA: Affirmed ISSUE: WON BPI abused its right to suspend the card. 1998 FACTS: Phelps Dodge appointed Barons as one of its dealers of electrical wires and cables. TC: in favor of Marasigan. Any person who willfully causes loss or injury to another in a manner that is contrary to morals. 19 prescribes a primordial limitation on all rights by setting certain standards that must be observed in the exercise thereof. right to dissent from board’s decision Board ordered her to report to work! Barons Marketing Corp. Art. (damages as result of “creditor’s abuse”. it is plain to see that it’s a mere exercise of rights. for the sole intent of prejudicing or injuring another BF (on BPI’s part) was not proven. It gave Marasigan a chance to settle his account. contrary to its socio-economic purpose is an abuse which will give rise to liability. The underlying basis for the award of tort damages is the premise that an individual was injured in contemplation of the law. In its answer. Every abnormal exercise of a right.    CLASS NOTE There was no arbitrariness on the part of BPI. and not an abuse thereof. 19: 1. good customs. Her claim for moral damages under Art 21 also fails. Casis _S. Barons asked if it can pay its outstanding account in monthly installments but Phelps declined. He issued a postdated check. In this case. being based on equity. NO HELD: Phelps had legitimate reasons for rejecting Barons’ offer and instituting the action for collection. HELD: No. good customs or public policy shall compensate the latter for the damage. One of his guests had to pay the bill. There is no need for BPI to notify Marasigan of the suspension or cancellation. it may only be invoked by someone who comes to court with clean hands. Citing Tolentino:    CLASS NOTE Violate concept of social solidarity BF not proven (that Phelps just wanted to directly deal with Meralco). 21. 2007- 32 1. Settled doctrine: check is not a substitute for money. which is exercised in bad faith 3. Damnum absque injuria. Rejection of offer of payment is not an abuse of right BPI v.

1959. CA. NO HELD: Article 21 contemplates a situation where a person has a legal right and such right is violated by another in a manner contrary to morals. Secretary of National Defense December 28. To avoid embarrassment. Gonzales later .   Albenson v. But which is contrary to morals. resulting in damages under Article 20 and 21 or other applicable provision of law depends on the circumstances of each case. moral wrong No seduction if promise came after Agoncilla became pregnant Wassmer v. or public policy.Y. Prof. Velez wrote a note stating that they would have to postpone the wedding because his mother was opposed to it. HELD: YES. Baksh then forced her to live with him. 21 is the actual catch-all provision according to Sangco. Examples a. supra. [as cited in Tolentino] 2. Santos resigned from her job. ISSUE: WON Tanjanco was liable for damages. Santos then sued Tanjanco for damages. HELD: No. Gonzales’ parents allowed them to sleep together. Santos got Baksh v. 2. In consideration of Tanjanco's promise of marriage. 1993 FACTS: Baksh. and Sexual Assault pregnant. The question of whether or not there was abuse of rights. she maintained sexual relations with each other for one year. ISSUE: WON Article 21 was applicable. courted the Santos. 1964 FACTS: Wassmer and Velez were about to get married. two days before the wedding.) Critique of Tanjanco: “Seduction” in this case only covers the initial sexual contact. 2007- 33 1. good custom. She accepted his love on the condition that they would get married. As a result. He never showed up again. or public policy 3. Tanjanco succeeded in having carnal access with Santos until Dec. Breach of Promise to Marry. courted Gonzales. This is PALPABLY AND UNJUSTIFIABLY CONTRARY TO GOOD CUSTOMS for which Velez must be held answerable in damages in accordance with Article 21. But to formally set a wedding and go through all the above-described preparation and publicity. The construction of the hospital was terminated. Such conduct is incompatible with the idea of seduction. Ruiz and Herrera. inducement by deceit. Santos was of age. Santos consented to sexual intercourse. there is no seduction. The elements of Article 21 are: 1.Torts Magic Notes for FINALS_revised by A2010 2008  Art. public order. Rule in Buenaventura: For seduction to be actionable. CA February 19. There is no seduction when there is mutual desire and the opportunity was merely afforded to the woman. 1966 FACTS: Tanjanco. Art. Also. 1963 FACTS: A contract was executed between Allied Technologies and the Republic of the Philippines to build the Veterans Memorial Hospital.actionable under A 21. but also to honor or credit. In this case. A day before the wedding. A judicial declaration of professional prestige is unnecessary because a brilliant professional is respected even without a court declaration. ISSUE: WON Velez can be held liable for damages. yield because of that Sir: as if seduction can be ratified if court takes into consideration time and frequency and subsequent sexual acts    Tanjanco v. He beat her. 21-“injury” refers not only to any indeterminate right or property. Wassmer sued for damages. Seduction. ISSUE: WON there was a violation of Article 21. When Baksh visited her home. sued to be recognized as the architects of the hospital. Velez December 26. an Iranian. were the architects of the building but only Panlillo was recognized. is quite different. And it is done with intent to injure Code commission  damages for seduction CA misapplied the example. Elements Ruiz v. Casis _S. good customs. material or otherwise. FACTS: Baltao case. only to walk out of it when the matrimony is about to be solemnized. together with Panlillo. there must be deception and the woman must have yielded because of the inducement.    CLASS NOTES Issue of deceit: Deceit can come in many forms and can result in attraction (so there is no moral seduction. If she consents merely from carnal lust and the intercourse is from mutual desire. he wired Wassmer a note saying that he would return soon. Seduction: 1. There is an act which is legal 2. CA December 17. Ruiz and Herrera citing Article 21.     CLASS NOTES Who is Agonciila? Unmarried woman of chaste character Seduction of Agoncilla. NO HELD: To constitute seduction there must in all cases be some sufficient promise or inducement and the woman must yield because of the promise or other inducement. which one may suffer as a result of said violation. MERE BREACH OF PROMISE TO MARRY IS NOT AN ACTIONABLE WRONG. This is not a case of mere breach of promise to marry. However. It presupposes losses or injury. both being of adult age. crime if under 18 years old.

Gonzales was a victim of moral seduction. CA July 10. was the moving force that made her submit herself to Mendez. 1970 FACTS: Quimiguing and Icao. Quimiguing sued for damages and support. A victim of rape may recover moral damages under Article 21 of the Civil Code. ISSUE: WON Mendez was liable for damages. or public policy shall compensate the latter for moral damages. under Article 21. except where the plaintiff has actually incurred expenses for the wedding and the necessary incidents thereof. Jr. YES HELD: If a man's promise to marry is the proximate cause of the giving of herself unto him in a sexual congress. Icao succeeded in having carnal intercourse with Quimiguing several times through force and intimidation. and not the alleged promise of marriage. YES HELD: Independently of the right to support the child she was carrying. Through a promise of marriage. proof that he had. then there will be no more seduction. Casis _S.Torts Magic Notes for FINALS_revised by A2010 2008 found out that Baksh was already married. Alfonso and Lolita then fell in love. Cirilo filed for a complaint for damages for breach of promise to marry. a breach of promise to marry is NOT PER SE actionable EXCEPT WHERE PLAINTIFF HAS ACTUALLY INCURRED EXPENSES FOR THE WEDDING AND THE NECESSARY INCIDENTS THEREOF Prof. NO HELD: Mere sexual intercourse is not by itself a basis for recovery.Y. He then brought her to his grandmother’s house where they lived together as husband and wife for 21 days. On Art. could justify the award of damages pursuant to Article 21. 1992 FACTS: Bunag brought Zenaida Cirilo to a motel where he raped her. In this case. Even if there is deceit but the deceit resulted in attraction of the woman to the man. Icao July 31. It is essential that such injury should have been committed in a manner contrary to morals. any person who willfully causes loss or injury to another in a manner that is contrary to morals. Gonzales sued for damages. Mendez then confessed that he was married. Pe May 30.    CLASS NOTE Compare this case with Tanjanco In this case. v. Damages should only be awarded if sexual intercourse is NOT A PRODUCT OF VOLUNTARINESS AND MUTUAL DESIRE. ISSUE: WON Quimiguing had cause of action. Mendez May 14. ISSUE: WON Baksh was liable for damages. no intention of marrying her and that the promise was only a ploy to obtain her consent to the sexual act. Bunag just wanted to marry Cirilo to ESCAPE LIABILITY (so promise to marry BUT NO INTENT TO MARRY so actionable)    CLASS NOTES Judicial notice that the cherished possession of every single Filipina is her virginity If the man never intended to marry the woman BUT STILL promised to marry her.    CLASS NOTE This case is similar to say Tanjanco. were neighbors. Bunag and Cirilo then filed for a marriage license. “trysts” in different barrios) so they refused to let them see each . She then sued for recognition of her unborn child and damages for breach of promise to marry. Their repeated sexual intercourse indicates that passion. Constantino got pregnant. a married man. Correlatively. 21: designed to expand the concept of torts or QD in this jurisdiction by granting adequate legal remedy for the untold number of moral wrongs which is impossible for human foresight to specifically enumerate and punish in the statue of torts. the award of moral damages is allowed in cases specified in or analogous to those provided in Article 2219. It is also supported by Article 2219. HELD: A breach of promise to marry per se is not actionable. a married man and a collateral relative. she admitted that SHE WAS Bunag. good customs or public policy. 1962 FACTS: Alfonso Pe. Despite this. RULE: Generally. good customs. in reality. YES    CLASS NOTE Sexual assault = rape There was a criminal action for rape in this case Pe v. Quimiguing v. frequented Lolita’s house on the pretext that he wanted her to teach him how to pray the rosary. Lolita's parents heard about the affair (exchange of notes. Bunag’s actions constitute acts contrary to morals and good customs. Bunag then withdrew his application. This is not because of such promise to marry but because of the fraud and deceit behind it and the willful injury to her honor and reputation that followed. Quimiguing herself had a cause of action for damages. they had repeated sexual contact. Constantino was already 28 years old. 2007ATTRACTED TO 34 MENDEZ. ISSUE: WON Bunag was liable for damages. 1992 FACTS: Constantino and Mendez met at Tony’s Restaurant. In this case. She became pregnant. More importantly. he succeeded in having sexual intercourse with Constantino. it would be equivalent to inducement and he would be liable under A21 Constantino v. Mendez professed his love during their first date. In this case. where she was a waitress. However.

seduced Lolita through trickery to the extent that she fell in love with him. The presence of probable cause signifies as a legal consequence the absence of malice.Y. Initiated deliberately by the defendant Knowing that his charges were false and groundless. Casis _S. ISSUE: WON Drilon et al was guilty of malicious prosecution. there is no malice 2. a suit will lie only in cases where a legal prosecution has been carried on without probable cause. 1989 FACTS: Que filed a complaint for estafa against Nicolas because of the checks the latter issued as payment for canvass strollers were dishonored. HELD: Neither of them is GUILTY OF MALICE. Nicolas allegedly did not continue payment because of the defective canvass strollers which he never returned to Que. Drilon acted with probable cause as found in PI. there must be proof that the prosecution was: 1. AND THAT IT WAS INITIATED DELIBERATELY BY THE DEFENDANT KNOWING THAT HIS CHARGES WERE FALSE AND GROUNDLESS. CIVIL SUIT. REGULARLY. Prof. 3. FOR    CLASS NOTE The lower court presented a more romantic version of the love story Both Alfonso and Lolita were of age CONCEDEDLY. THE DEFENDANT WAS HIMSELF THE PROSECUTOR AND THAT THE ACTION FINALLY TERMINATED WITH AN ACQUITTAL. 2007*MEMORIZE! MALICIOUS PROSECUTION: AN CAUSE. IAC January 13. THAT IN BRINGING THE ACTION. A suit for MP will lie only in cases where a legal prosecution has been carried on without probable cause.Torts Magic Notes for FINALS_revised by A2010 2008 other. . Lolita left the house and disappeared. although false. the accusation could not be held to have been false in the legal sense. OR OTHER LEGAL PROCEEDING HAS BEEN INSTITUTED MALICIOUSLY AND WITHOUT PROBABLE AFTER THE TERMINATION OF SUCH PROSECUTION. If the charge. To constitute malicious prosecution. 3. SUIT OR OTHER PROCEEDING IN FAVOR OF THE DEFENDANT THEREIN. There is no malicious prosecution because none of the three elements were present (not terminated with an acquittal.    CLASS NOTE Dismissal of the case does not automatically give rise to a cause of action for malicious prosecution If there is probable cause. Adaza filed a complaint for damages against Drilon for malicious prosecution. To constitute MP. Lolita’s relatives filed an action for damages. ONE CANNOT BE HELD LIABLE FOR DAMAGES FOR MALICIOUSLY INSTITUTING A PROSECUTION WHERE HE ACTED WITH PROBABLE CAUSE. NO. and there were reasonable grounds on which such a belief could be founded. FOR THE MERE TO CONSTITUTE MP. Alfonso committed an INJURY TO LOLITA'S FAMILY IN A MANNER CONTRARY TO MORALS. The charge was dismissed in the fiscal level. General Rule: one cannot be held liable in damages for maliciously instituting a prosecution where he acted with Probable Cause. THERE MUST BE PROOF THAT THE PROSECUTION WAS PROMPTED BY A SINISTER DESIGN TO VEX AND HUMILIATE A PERSON. 3 ELEMENTS OF MP: 1. PURPOSE OF VEXATION OR INJURY. a married man. THE GIST OF THE ACTION OF THE PULLING OF LEGAL PROCESS IN FORCE. were liable to be sued at law when their indictment miscarried. was made with an honest belief in its truth and justice. Nicolas filed a complaint for malicious prosecution. YES HELD: Alfonso. THE PROSECUTOR ACTED WITHOUT PROBABLE CAUSE THAT THE PROSECUTOR WAS ACTUATED OR IMPELLED BY A LEGAL MALICE THAT IS BY IMPROPER OR SINISTER MOTIVE Drilon v. ISSUE: WON Que was guilty of malicious prosecution. who had tolerable ground of suspicion. Prompted by a sinister design to vex and humiliate a person 2. including Adaza. Once cannot be held liable for maliciously instituting a prosecution where one has acted with probable cause. 35 FOR ACTION DAMAGES BROUGHT BY ONE AGAINST WHOM A CRIMINAL PROSECUTION. the mere act of submitting a case to the authorities for prosecution does not make one liable for MP. In other words. THE FACT OF THE PROSECUTION AND THE FURTHER FACT THAT b. ’89 coup. there must be proof that the prosecution was prompted by a sinister design to vex and humiliate a person that it was initiated deliberately by the defendant knowing that his charges were false and groundless. THE MERE ACT OF SUBMITTING A CASE TO THE AUTHORITIES FOR PROSECUTION DOES NOT MAKE ONE LIABLE MP. no sinister motive could be imputed). if prosecutors. The preliminary investigation stated that there was probable cause to hold respondents for the crime of rebellion with murder and frustrated murder. ISSUE: WON Alfonso was liable for damages. GOOD CUSTOMS AND PUBLIC POLICY AS CONTEMPLATED IN ARTICLE 21 of the new Civil Code. Malicious Prosecution Que v. Concededly. CA April 20.    CLASS NOTES Reminder: memorize the definition of malicious prosecution. 2001 FACTS: A letter complaint sent to Drilon resulted in an order to investigate several individuals. for their participation in the failed Dec. WHY? coz it would be a very great discouragement to public justice. NO. HELD: There is no malicious prosecution in this case because the presence of probable cause signifies the absence of malice.

wounded feelings and social humiliation. Leviste April 26. When Ongsip asked about it. and that the action was finally terminated with an acquittal 2. In the office.Torts Magic Notes for FINALS_revised by A2010 2008   If there is probable cause.This is not applicable if the doctrine is clear enough.  Albenson v. ISSUE: WON there was malicious prosecution. The elements of malicious prosecution are: 1. He then filed for damages. Casis _S. Patricio filed a complaint for slander by deed which was dismissed. If the case only reached fiscal level… GEN RULE: no MP EXCEPTION: if BF. The eventual dismissal of the cases However. he was told to just go to the office. HELD: Article 2219 applies. CA October 30. there was a malicious intent as shown by the facts: 1. Coronal then went to the compound and changed the meter without informing Ongsip. The act of slapping was contrary to morals and good customs and caused Patricio mental anguish. YES HELD: The mere dismissal by the fiscal of the criminal complaint is not a ground for an award of damages for malicious prosecution if there is no competent evidence to show that the complainant acted in bad faith. It was an innocent mistake. YES HELD: To constitute malicious prosecution. The threat of further suits by Hendry (that they’ll be willing to file hundreds of suits against him just to find him liable) 3. . in this case. Manila Gas issued instructions to change the gas meter. and slapped him. in this case. (Even if still in the fiscal level. Coronal returned in the afternoon and took pictures. supra FACTS: Tobias was alleged to be the #1 suspect for the fraudulent transactions he allegedly uncovered. if acted with BF then liable for damages) However. with Malicious intent     CLASS NOTE Gross negligence can prove bad faith. there must be proof that the prosecution was prompted by a sinister design to vex and humiliate a person that it was initiated deliberately by the defendant knowing that his charges were false and groundless. there is no malice. he was told of the existence of a jumper and was threatened with deportation. the prosecutor acted without probable cause 3. All the complaints were dismissed in the fiscal level. The fact that the prosecution and the further fact that the defendant was himself the prosecutor.If doubtful or difficult question of law is applied – the law always accords to public officials the presumption of good faith . The prosecutor was actuated or impelled by legal malice.    CLASS NOTE Dismissal of qualified theft case in fiscal level only  still possible to file MP. 1989 FACTS: Leviste smashed a beer bottle on the table causing his hand to bleed. NO HELD: The MERE ACT SUBMITTING a case to the authorities for prosecution (only fiscal level) DOES NOT MAKE ONE LIABLE FOR MALICIOUS PROSECUTION. CA. YES. The complaints were filed during the pendency of the illegal dismissal case (2 of which were refilled with Judge Advocate General’s office of the AFP to subject Tobias to military courts). Manila Gas v. moral shock. supra FACTS: the 3 Baltao case where funds for check was demanded by the company from the father Baltao… ISSUE: WON there was malicious prosecution. The filing of the cases despite the police reports exculpating Tobias 4. 2. 2007- 36 complaint for qualified theft was filed against Ongsip but it was later dismissed. THE MERE ACT OF SUBMITTING A CASE TO THE AUTHORITIES FOR PROSECUTION DOES NOT MAKE ONE LIABLE FOR MALICIOUS PROSECUTION. CA. He then approached Patricio. Public Humiliation Patricio v. a Catholic priest. Bad faith = gross negligence. 1980 FACTS: Manila Gas installed additional appliances and gas service connections in Ongsip’s compound. That in bringing the action. He was illegally dismissed and Hendry filed 6 criminal complaints against him although the findings of the Police Chief Document Examiner absolved him from guilt. Take note of the statutory basis of malicious prosecution.Y. No gross negligence in this case. Ongsip then filed a complaint for damages ISSUE: WON there was malicious prosecution. Hernandez case ruling: . A   CLASS NOTE Competent proof of bad faith in filing the suit is essential. Globe Mackay v. the circumstances of the case showed that there was malicious intent in the filing of the complaint for qualified theft. Since no gas consumption was registered in the meter. ISSUE: WON Leviste was liable for damages. Cited Manila Gas definition of malicious prosecution and Que for probable cause c.  Cited Manila Gas definition of Malicious prosecution Prof.

was publicly accused by the bride’s aunt. Carpio refused to apologize so Valmonte filed a suit for damages. (Art. OF THE SPIRITUAL STATUS QUO ANTE. A lot of people witnessed the incident. moral shock. an internal auditor of Sta. YES HELD: Quisaba’s complaint was grounded not on his dismissal but rather ON THE MANNER OF HIS DISMISSAL AND ITS CONSEQUENT EFFECTS. does not adversely affect the petitioner’s right to recover MD.Torts Magic Notes for FINALS_revised by A2010 2008 On Moral Damages: The fact that no AD or CD was proven before the TC. In any case. personality. It is against morals. or public policy making them amenable to damages under Arts. to purchase logs for the company’s plant. THE COURT WILL DECIDE WON THEY COULD BE ADJUDICATED. the VP. Sta. Quisaba refused because it wasn’t part of his job. To warrant recovery of damages. She was searched and questioned by the guard and the police. Grand Union v. good customs. CANNOT BE RECOVERED AS A MATTER OF RIGHT. 26). good customs. and attorney’s fees. which makes a person liable for damages if he willfully causes loss or injury to another in a manner that is contrary to morals. CONSIDERING THAT THEY ARE AWARDED FOR WANTON ACTS. GC. and public policy to humiliate. IN OTHER RESTORATION WORDS: THE AWARD OF MD IS AIMED AT WITHIN THE LIMITS OF THE POSSIBLE. 20 & 21 provide the legal bedrock for the award of damages.contrary to morals and good customs. diversions or amusements that will serve to alleviate the moral suffering he has undergone. TEMPERATE. 1974 FACTS: Quisaba. a wedding coordinator. 2229). 2007- 37 Wrong without damage. of stealing her jewelry. embarrass and degrade the dignity of a person. THE REASON UNDERLYING THE AWARD OF DAMAGES UNDER ART. 2004 FACTS: Valmonte. for a wrong inflicted by the defendant and the damage resulting therefrom to the plaintiff. Moral damages are awarded whenever the defendant’s wrongful act or omission is the proximate cause of the plaintiff’s physical suffering. THEN THE RESPONDENTS VIOLATED ARTICLE 1701. and similar injury specified or analogous to those provided in Article 2219 of the Civil Code. or damage without wrong. THAT THEY ARE PENAL IN CHARACTER GRANTED NOT BY WAY OF COMPENSATION BUT AS A PUNISHMENT TO THE OFFENDER AND AS A WARNING TO OTHERS AS A SORT OF DETERRENT. ISSUE: WON Valmonte should be awarded damages. 21. CLASS NOTE Art 21 applies to even a slap in the face   CLASS NOTE Manner of attacking without any amount of proof. give everyone his due and observe honesty and GF (Art. He was approached by the guard and made to file an incident report. Valmonte September 9. or public policy. Quisaba filed a complaint for damages. 2219 of the Civil Code. fright. by reason of defendant’s culpable action. ISSUE: WON the regular courts had jurisdiction. privacy and peace of mind of his neighbors and other persons. which prohibits acts of oppression by either capital or labor against the other. THEY ARE AWARDED ONLY TO ENABLE THE INJURED PARTY TO OBTAIN MEANS. wounded feelings. Ines said that the NLRC had jurisdiction. Inez August 30. Ines. YES HELD: Carpio willfully caused Valmonte injury in a manner contrary to morals and good customs. BY REASON OF THE DEFENDANT’S CULPABLE ACTION. and Article 21. BOTH PUNISHMENT OR CORRECTION NOT INTENDED TO ENRICH A COMPLAINANT AT THE EXPENSE OF A DEFENDANT. Prof.Y. Carpio. MD: ESSENTIALLY INDEMNITY OR REPARATION. 19 and 21 in relation to Art. Although Carpio had the right to know the identity of the thief. YES. DIVERSION OR AMUSEMENTS THAT WILL  CLASS NOTE . does not constitute a cause of action. Unjustified Dismissal Quisaba v. (from report of the code) SERVE TO ALLEVIATE THE MORAL SUFFERING HE HAS UNDERGONE. she should not have openly accused Valmonte without further proof. MD may be awarded in appropriate cases referred to in the chapter on human relations of the CC (Arts. but to enable the latter to obtain means. LIQUIDATED OR COMPENSATORY DAMAGES   (ART. IS TO COMPENSATE THE INJURED PARTY FOR THE MORAL INJURY CAUSED UPON HIS PERSON. PURPOSE OF Carpio vs. And one must act with justice. HELD: Espino was falsely accused of shoplifting. ISSUE: WON Espino can claim damages. Everyone must respect the dignity. besmirched reputation. serious anxiety. Espino offered to pay for the file but instead. he was demoted. AND IT MUST BE PROPORTIONATE TO THE SUFFERING INFLICTED. without need of proof that the wrongful act complained of has caused any physical injury upon the complainant. 1979 FACTS: Jose Espino forgot to pay for a cylindrical rat tail file when he left Grand Union Supermarket. Casis _S. MD not awarded to penalize defendant or to enrich complainant. Espino December 28. award of MD must be proportionate to the sufferings inflicted. there must be both a right of action. was ordered by Robert Hyde. mental anguish. termination pay. Arts. IF THE DISMISSAL WAS DONE ANTI-SOCIALLY OR OPPRESSIVELY. d. 19). Sta. As a result. IN ADDITION TO THE MORAL. his money was taken as an incentive to the guards for apprehending pilferers. Defendants willfully caused loss or injury to the plaintiff in a manner contrary to morals. 19-36). PURPOSE OF ED OR CORRECTIVE DAMAGES: IMPOSED BY WAY OF EXAMPLE OR CORRECTION FOR THE PUBLIC GOOD. social humiliation.

prevention. shouted and cursed at the plaintiffs in front of their subordinate employees. Amaro v. The petitioners filed a case of oral defamation against de Aboitiz. though they may not constitute a criminal offense.   CLASS NOTE This is an action for damages for wrongful advertisement  shows that Art 26 is very broad. (3) Intriguing to cause another to be alienated from his friends.  CLASS NOTE . The Amaros then filed a suit for damages. ISSUE: WON the Labor Code applies. went to the Chief of Police to seek assistance but were not rendered assistance. ISSUE: WON acts and omissions of the firm fall under Art. His private life was mistakenly and unnecessarily exposed. 26. place of birth. TC awarded actual and moral damages. Casis _S. 1982 FACTS: Cosme de Aboitiz. to perform his official duty may file an action for damages and other relief against the latter. 2200. coercing them to sign an affidavit absolving the police officers of any liability.Y. (2) Meddling with or disturbing the private life or family relations of another. It was dismissed since the jurisdiction of claims was transferred from the CFI to the Labor Arbiters. Aramil protested. or other personal condition. deceit. It was an action for damages for tortious acts allegedly committed by the defendants. 1984 FACTS: St.” Elements: (1) material or moral loss (2) public servant’s refusal or neglect to perform duty (3) without just cause Prof. However. 27. making it appear that the house was owned by the Arcadios.Torts Magic Notes for FINALS_revised by A2010 2008  Standard of dismissal laid down in this case: dismissal was done “anti-socially or oppressively. President and CEO of Pepsi. Every person shall respect the dignity. Sumaguit July 31. This is when St Louis Realty published a new ad showing the Arcadios in their real home. but did not rectify. Should be in the context of giving advantage to one party (eg. oppressive or highhanded method shall give rise to aright of action by the person who thereby suffers damage. machination or any other unjust. What is required under Art. physical defect. Castro-Bartolome September 11. 2208 and 2219 of the Civil Code. St. 26. lowly station in life. 2007- 38 Medina v. derogatory commercials) C. CA affirmed. he along with his father and witnesses. IX. Plaintiff stopped publication. Persons who know Dr. St. NO HELD: The plaintiffs did not allege any unfair labor practice. (4) Vexing or humiliating another on account of his religious beliefs. Unfair competition in agricultural or industrial enterprises or in labor through the use of force. Aramil’s residence. Unfair Competition Art. Aramil filed complaint for damages claiming mental anguish and reduction in income. 27 is that the refusal must be without just cause. Louis Realty caused to be published an ad depicting the Arcadio Family in front of Dr. Louis Realty was grossly negligent in mixing up the residences. the governing statute is the Civil Code and not the Labor Code. YES HELD: The Amaros’ claim for relief was based on the Chief of Police’s refusal to give assistance. ISSUE: WON the Amaros’ action under Article 21 and/or 27 would prosper. Aramil were confused by the distorted lingering impression that he was renting his residence. which was his duty to do as an officer of the law. Art. Such being the case. The following and similar acts. 28. CA November 14. Damages fixed by TC are sanctioned by Arts. Louis v. It never made any written apology and explanation of the mix-up. The city attorney was about to file an information for illegal discharge of firearms against the assailant. privacy and peace of mind of his neighbor and other persons. the Chief of Police started to harass the Amaros. The following day. 26 HELD: Yes. personality. 2219 allows moral damages for acts and actions mentioned in Art. without just cause.    CLASS NOTE Unfair competition: designed to place your products in a better light. without prejudice to any disciplinary administrative action that may be taken. shall produce a cause of action for damages. OTHER TORTS A. Aramil extra judicially demanded damages. Any person suffering material or moral loss because a public servant or employee refuses or neglects. Violation of Human Dignity Art. Dereliction of Duty Art. intimidation. 1962 FACTS: Jose Amaro was assaulted and shot near the city government building. B. He suffered diminution of income and mental anguish. and other relief: (1) Prying into the privacy of another’s residence.

Torts Magic Notes for FINALS_revised by A2010 2008
Concepcion v. CA January 31, 2000
FACTS: Florence Concepcion, lessor of the Nicolas spouses, joined Nestor Nicolas’ business venture by contributing capital. Rodrigo, Florence’s brother-in-law, angrily accosted Nestor at the latter’s apartment and accused him of conducting an adulterous relationship with Florence. As a result, Nestor felt extreme embarrassment. He could not face his neighbors anymore. Florence also backed out of the venture, so that the business declined. Nestor’s wife started to doubt his fidelity and even threatened to leave him. The spouses filed a civil suit against Rodrigo for damages. ISSUE: WON spouses can recover damages HELD: Yes. Examples mentioned in Art. 2219 and 26 are not exclusive but are merely examples and do not preclude other similar or analogous acts. Damages therefore are allowable for actions against a person’s dignity. Under Art. 2217, moral damages may be recovered if they are the proximate result of the defendant’s wrongful act or omission. *Philosophy behind Art. 26: THE TOUCHSTONE OF EVERY SYSTEM OF LAW, OF THE CULTURE AND CIVILIZATION OF EVERY COUNTRY IS HOW FAR IT DIGNIFIES MAN. THUS, UNDER THIS ARTICLE,
THE RIGHTS OF PERSONS ARE AMPLY PERFECTED AND DAMAGES ARE PROVIDED FOR VIOLATIONS OF A PERSON’S DIGNITY, PERSONALITY, PRIVACY AND PEACE OF MIND.

Prof. Casis _S.Y. 2007-

39

Art. 2195. The provisions of this Title shall be respectively applicable to all obligations mentioned in Article 1157. Art. 2197. Damages may be: (1) Actual or compensatory; (2) Moral; (3) Nominal; (4) Temperate or moderate; (5) Liquidated; or (6) Exemplary or corrective.


  

CLASS NOTES Important for the distinction between damage, injury and damages Mere fact that plaintiffs suffer damage doesn’t mean that there’s right of action To warrant recovery of damages: -Legal right on the part of plaintiff -Injury caused to plaintiff

People v. Ballesteros
FACTS: Murder, through gunshot wounds, question amt of damages awarded *DAMAGES may be defined as COMPENSATION, RECOMPENSE, OR SATISFACTION SUSTAINED, OR AS OTHERWISE EXPRESSED,
DUTY OR THE VIOLATION OF SOME RIGHT. THE THE PECUNIARY PECUNIARY

II. Kinds of Damages A. Actual or compensatory
Art. 2216. No proof of pecuniary loss is necessary in order that moral, nominal, temperate, liquidated or exemplary damages, may be adjudicated. The assessment of such damages, except liquidated ones, is left to the discretion of the court, according to the circumstances of each case. Art. 2199. Except as provided by law or by stipulation, one is entitled to an adequate compensation only for such pecuniary loss suffered by him as he has duly proved. Such compensation is referred to as actual or compensatory damages. Art. 2200. Indemnification for damages shall comprehend not only the value of the loss suffered, but also that of the profits which the obligee failed to obtain. Art. 2205. Damages may be recovered: (1) For loss or impairment of earning capacity in cases of temporary or permanent personal injury; (2) For injury to the plaintiff's business standing or commercial credit.

FOR AN INJURY

CONSEQUENCES WHICH THE LAW IMPOSES FOR THE BREACH OF SOME

Actual or compensatory damages are those awarded in satisfaction of, or in recompense for, loss or injury sustained, whereas moral damages may be invoked when the complainant has experienced mental anguish, serious anxiety, physical suffering, moral shock, and so forth, and had furthermore shown that these were the proximate result of the offender’s wrongful act or omission.

Human personality must be exalted. Sacredness of human personality is the concomitant consideration of every plan for Human Amelioration.


 

CLASS NOTES Important for the definition of damages For actual damages, the party making claim must present best evidence.

X. DAMAGES


Custodio v. CA
CLASS NOTE Damages is not limited to quasi-delicts (also includes contracts, quasi-contracts and delicts). FACTS: built Adobe fence on the right of way There is a material distinction between damages and injury. INJURY is the ILLEGAL INVASION OF A LEGAL RIGHT; DAMAGE is the LOSS, HURT, OR HARM WHICH RESULTS FROM THE INJURY; and DAMAGES are the RECOMPENSE OR COMPENSATION AWARDED FOR THE DAMAGES SUFFERED.


 

CLASS NOTES It is expressly provided for in Art. 2199 that there should be proof of pecuniary damages for AD or CD Take note of what indemnity is included in Art. 2200

I. Definition and Concept

Torts Magic Notes for FINALS_revised by A2010 2008
 Art. 2205 provides for the kinds of AD which the plaintiff may recover Loss of profits of an established business which was yielding fairly steady returns at the time of its interruption by defendant’s wrongful act is not so speculative or contingent that a court of justice may refuse to allow the plaintiff any damages at all.

Prof. Casis _S.Y. 2007-

40

QDs, or in every case where property right has been invaded. ND are damages in NAME only and NOT IN FACT. Where these are allowed, they are not treated as an equivalent of a wrong inflicted but simply in recognition of the existence of a technical injury. The amount to be awarded as ND shall be equal or at least commensurate to the injury sustained considering the concept and purpose of such damages.

Algarra v. Sandejas
FACTS: Plaintiff Algarra received personal injuries from a collision with the defendant Saldejas’ automobile due to the negligence of the defendant, who was driving the car. Plaintiff sold the products of a distillery as a commission agent and had about twenty regular customers, who purchased his wares in small quantities, necessitating regular and frequent deliveries. 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 other competing agents. HELD: Under both the Spanish Civil Code and American law of damages, actual damages for a negligent act or omission are confined to those which “were foreseen or might have been foreseen” or those which were “the natural and probable consequences” or “the direct and immediate consequences” of the act or omission. In this jurisdiction, the author of a negligent act or omission which causes damage to another is obliged to repair the damage done. No distinction is made between damage caused maliciously and intentionally and damages caused through mere negligence in so far as civil liability is concerned. Nor is the defendant required to do more than repair the damage done or to put the plaintiff in the same position that he would have been in had the damage not been inflicted. This is practically equivalent to compensatory or actual damages as those terms are used in American law. *THE
PURPOSE OF THE LAW IN AWARDING ACTUAL DAMAGES IS TO REPAIR THE WRONG THAT HAS BEEN DONE, TO COMPENSATE FOR THE INJURY INFLICTED, AND NOT TO IMPOSE PENALTY.

1. Kinds PNOC v. CA
FACTS: The M/V Ma. Efigenia XV, owned by respondent Ma. Efigenia Fishing Corp. collided with the vessel Petroparcel which at the time was owned by the Luzon Stevedoring Co. The Board of Marine Inquiry rendered a decision finding the Petroparcel at fault and thus the respondent filed an action for damages against Luzon Stevedoring and the Petroparcel’s captain. During the pendency of the case, petitioner PNOC acquired the Petroparcel and was substituted in place of Luzon Stevedoring in the complaint. HELD: ACTUAL
INJURY SUSTAINED. OR COMPENSATORY DAMAGES ARE THOSE AWARDED IN SATISFACTION OF, OR IN RECOMPENSE FOR LOSS OR


  

CLASS NOTES The basic rule in recovering AD: it is sufficient that damages are capable of proof in order to recover (AD) There should be a record to serve as proof presented before the Court There are cases which say that providing a list of expenses is not enough—there has to be receipts, etc.—PROOF SHOULD BE VERY FACTUAL Proof required: reasonable certainty upon competent proof Two (2) kinds of AD or CD: Dano emergente-actual Lucro cesante-loss of profit

THEY

PROCEED FROM A SENSE OF NATURAL

  1. 2.

JUSTICE AND ARE DESIGNED TO REPAIR THE WRONG THAT HAS BEEN DONE, TO COMPENSATE FOR THE INJURY INFLICTED AND NOT TO IMPOSE A PENALTY.

In actions based on QD-AD include all the natural and probable consequences of the act or omission complained of. 2 kinds of AD or CD: 1. The loss of what a person already possesses (daño emergente) 2. the failure to receive as a benefit that which would have pertained to him (lucro cesante) On Nominal Damages: When awarded: in the absence of competent proof on the AD suffered-entitled to ND, which the law says is adjudicated in order that a right of the plaintiff, which has been violated or invaded by the defendant may be vindicated and recognized, and not for the purpose of indemnifying the plaintiff for any loss suffered. -awarded in every obligation arising from law, contracts, quasi-contracts, acts or omissions punished by law and

Integrated Packing v. CA
Petitioner Integrated Packing Corporation (IPC) and respondent Fil-Anchor Paper entered into an agreement whereby Fil-Anchor bound itself to deliver 3,450 reams of printing paper to IPC, to be paid within 30 to 90 days from delivery. Later, IPC entered into a contract with the Philippine Appliance Corporation (Philacor) to print three volumes of “Philacor Cultural Books.” However, IPC encountered problems paying Fil-Anchor and became heavily indebted to the latter. This led to Fil-Anchor suspending deliveries of paper to IPC. Thus, out of the agreed upon 3,450 reams, only 1097 were delivered., despite demand by IPC for Fil-Anchor to deliver the balance.

Pain or suffering, whether physical or mental, are not elements of actual or compensatory damages in this jurisdiction. Aside from this exception, the measure of damages in this country and in the US is arrived at by the same evidence.

Torts Magic Notes for FINALS_revised by A2010 2008
Meanwhile, IPC entered into an additional printing contract with Philacor. Unfortunately, IPC failed to fully comply with its contract for the printing of Philacor’s books and thus Philacor demanded compensation for delay and damage suffered. Because IPC also not able to fully settle it’s indebtedness to Fil-Anchor, the latter filed a collection suit against it. In its counterclaim, IPC alleged that because Fil-Anchor was only able to deliver 1097 reams of paper it was unable to fulfill its contract with Philacor and thus failed to realize expected profits. Indemnification for damages comprehends not only the loss suffered, that is to say actual damages (damnum emergens), but also profits which the obligee failed to obtain (lucrum cessans). damages have been foreseen or could have reasonably been foreseen by the defendant. 

Prof. Casis _S.Y. 2007-

41

CLASS

 

 

NOTES Art. 2201 lays down the distinction between good faith and bad faith (in bad faith— whatever damage happens) Last sentence of Art. 2202 problematic—some cases use forseeability as an element of QD Forseeability: In elements: may be required In damages: not required Reasonable certainty required: allege specific facts, Present best evidence Quantum of evidence required: preponderance of evidence

being equal, the person who has more pieces of evidence wins What should be the basis: admissibility issue aside: number and quality of evidence presented and this is what makes it preponderant you should also prove your allegations though not necessarily beyond reasonable doubt

DBP v. CA
Lydia Cuba was the grantee of a fishpond lease agreement with the government, the rights to which she assigned to DBP as security for loans the latter extended to her. After Cuba failed to meet the terms of payment on the loans, the DBP, without foreclosure proceedings of any kind, appropriated Cuba’s leasehold rights over the fishpond. Subsequently, DBP executed a deed of conditional sale in favor of Cuba over the same fishpond. However, Cuba once again was unable to meet the amortizations stipulated which led to DBP rescinding the deed of conditional sale and taking possession of not only the fishpond but also a house Cuba had built next to it as well, along with all the personal belongings, machineries, equipment, and tools therein, which subsequently, it was claimed, went missing. DBP allegedly also prevented Cuba and her representatives from feeding the fish already in the fishpond which led to their loss. As to the losses Cuba allegedly suffered when DBP took possession of the fishpond, the court said: Actual or compensatory damages cannot be presumed, but must be proved with reasonable degree of certainty. A court cannot rely on speculation, conjectures, or guesswork as to the fact and amount of damages, but must depend upon competent proof that they have been suffered by the injured party and on the best obtainable evidence of the actual amount thereof. It must point to specific facts which could afford a basis for measuring whatever compensatory or actual damages are borne.


  

CLASS NOTES The Court here gave the two kinds CD—dano emergente and lucro cesante Problem with the evidence presented—mere estimates Court disallowed mere estimates because they are highly speculative and manifestly hypothetical CD here was strictly construed

3. Certainty
-possible that the exact value (peso) is not known.

PNOC v. CA
FACTS: Collision of 2 vessels Certainty: to enable an injured party to recover AD or CD, he is required to prove the actual amount of loss with reasonable degree of certainty premised upon competent proof and on the best evidence available. Burden of Proof: on the party who would be defeated if no evidence would be presented on either side. Evidence Required: He must establish his evidence by PREPONDERANCE OF EVIDENCE, which means that the evidence, as a whole, adduced by one side is superior to that of the other. Damages are not presumed: damages cannot be presumed and courts, in making an award must point out specific facts that could afford a basis for measuring whatever CD or AD are borne.

2. Extent
Art. 2201, CC - In contracts and quasi-contracts, the damages for which the obligor who acted in good faith is liable shall be those that are the natural and probable consequences of the breach of the obligation, and which the parties have foreseen or could have reasonably foreseen at the time the obligation was constituted. In case of fraud, bad faith, malice or wanton attitude, the obligor shall be responsible for all damages which may be reasonably attributed to the non-performance of the obligation. Art. 2202, CC - In crimes and quasi-delicts, the defendant shall be liable for all damages which are the natural and probable consequences of the act or omission complained of. It is not necessary that such


CLASS NOTES Problem here with preponderance of evidence is that it became COMPARATIVE—all things

etc. the Supreme Court held that the trial court was in error to have awarded the P8. uncertainty as to the precise amount of such unrealized profits will not prevent recovery or the award of damages. To seek recovery for actual damages it is essential that the injured party proves the actual amount of loss with reasonable degree of certainty premised upon competent proof and on the best evidence available. the Supreme Court ruled that the transfer of their export sugar quota by AATSI and certain individual planters from TSMC to FFMCI was illegal and invalid and found the defendants liable to the plaintiffs for damages. these provide sufficient basis for a reasonable estimate of the unrealized net income or profit sustained by plaintiffs. testimony for damages by someone who is an interested party is weak)  Talisay-Silay v.e. In the instant case. without any tangible document to support such claim. conjecture or guesswork in determining the fact and amount of damages. plaintiff’s computations as to the amount of unrealized profit were based on fairly definite standards utilized by the governmental agency having relevant administrative jurisdiction over the subject matter and accounting standards widely employed in the world of business and commerce.” which provides certain requirements that need to be met before a sugar planter’s sugar quota allotment can be transferred from one mill to another. However. In crimes and quasi-delicts. Besides who in the provinces makes an inventory of bangus. alleging an illegal transfer of sugar quota allotment or production allowance from TSMC to FFMCI. the TalisaySilay Milling Co. what happened was that instead of having the sugar forming their export quota milled by TSMC as they had always done in the past. Casis _S. will. This started nearly thirty years of litigation between the parties. it is reasonably certain that injury consisting of the failure to realize otherwise reasonably expected profits had been incurred.e. HELD: Yes. the defendant is liable for all damages which are the natural and probable consequences of the act or omission complained of. “An Act to Provide for the Allocation. TC: 15. Combined with credible testimony.300 as actual damages on the basis of mere testimony of the victim’s sister. (FFMCI). Inc. however. in violation of Section 4 of RA 1825. conjecture or surmise but rather by reference to some reasonably definite standard such as market value. 2007CA: reduced it to 1M 42     CLASS NOTES DBP’s acquisition of the leasehold rights wasn’t valid Problem with AD here: Court said AD was speculative because actual ocular inspection was done after the filing of the complaint and that they should have made an inventory Sir: Just because certain damages were found out after the filing of the compliant doesn’t make the damages speculative. Assosiacion August 15. And Ramon Nolan in his personal and official capacity as administrator of the Sugar Quota administration. The rule is that damages consisting of unrealized profits. The problem then would be ascertainment.Torts Magic Notes for FINALS_revised by A2010 2008 Prof. ISSUE: WON the extent of the unrealized profits suffered by the plaintiffs were proven with the certainty required by law.   CLASS NOTES This case demonstrates how important the quality of your evidence is (i. 1966. of course. established experience or direct inference from known circumstances. v. i. Uncertainty as to whether or not a claimant suffered unrealized profits at all. Subsequently. In the end. Jr. the Court can only give credence to those supported by receipts and which appear to have been genuinely expended in connection with the death of the victim. During the trail. Inc.Y. CA Julieto Malaspina was at a benefit dance when Alejandro Fuentes. Fuentes was convicted of murder. preclude recovery of this species of damages. Where. First Farmers Milling Co. Inc. Courts cannot simply rely on speculation. I saw you with long hair but now you have a short hair. pricing of Sugar Quota Administration When a property is damaged and you claim AD. are not granted on the basis of mere speculation. In short. Malaspina’s sister testified that she incurred expensed of P8. If this takes into account profits=FMV  . uncertainty as to the very fact of injury. put his arm on the former’s shoulder saying “Before.   o o  CLASS NOTES Financias Postradas? Lost profits Standard required by the Court for this: accounting standards. This case shows that you should be ready with documents Of the expenses alleged to have been incurred. the defendants had their sugar milled at FFMCI instead.” whereupon Fuentes stabbed Malaspina in the abdomen with a hunting knife and fled. PNOC case provides for guidelines on how to determine value of property (at what point do you count) Court here said: value AT TIME OF LOSS. 1995 FACTS: On the 15th of February. Jr. Re-allocation and administration of Absolute Quota on Sugar. Dominador Agravante and other individual sugar planters. (AATSI). (TSICA) instituted an action for damages against defendants Asociacion de Agricultores de Talisay-Silay. frequently referred to as ganancias frustradas or lucrum cessans. (TSMC) and the Talisay-Silay Industrial Cooperative Association.300 in connection with his death and the trial court awarded this amount as actual damages.4 M Fuentes..

2007- 43 FACTS: under a coma because of wrongful intubation TC: 8k per month from time when moved from hospital to the time of trial (the 8k was an estimate of the expenses incurred and proven before time of trial) CA: reversed. (problem – NATURE of AD: only award for AD proven up to the time of trial) Continuing injury: if the amount of damages has not yet been completely liquidated because the resulting injury is “continuing. Delim (where the girl was given 15k for plastic surgery) HELD: 5. Prof. inflation was taken into account.   CLASS NOTES Art. Price (fair market value) at the time of loss. at least in the case of ships. may demand support from the person causing the death. unless the deceased on account of permanent physical disability not caused by the defendant. Casis _S. Amount of AD recoverable in suits arising from negligence: should at least reflect THE CORRECT MINIMUM COST OF PROPER CARE (SA CASE OPTIMAL CARE FOR THEIR LOVED ONE IN A FACILITY WHICH GENERALLY SPECIALIZES IN SUCH CARE) . (3) The spouse. CA Where goods are destroyed by the wrongful act of the defendant the plaintiff is entitled to their value at the time of destruction. the recipient who is not an heir called to the decedent's inheritance by the law of testate or intestate succession. In addition: (1) The defendant shall be liable for the loss of the earning capacity of the deceased. the standard is the correct minimum cost of proper care and not what they actually spent in order not to prejudice those who are poor SC is limited to 8k/month because of the NATURE OF AD: must be proven Ramos v. had no earning capacity at the time of his death. the exact duration to be fixed by the court. If fair market value already includes the possible contracts. from the nature of the case be made with certainty.Torts Magic Notes for FINALS_revised by A2010 2008    Bottom line if FMV-but this can be construed in a # of ways Why FMV: Assessed value is lower (that’s why this is being used as basis for tax) The company in PNOC did different—it took into account inflation 3. the sum of money which he would have to pay in the market for identical or essentially similar goods. 2206. not what the price is at the time of the ruling 2. CA December 29. 2206 provides for earning capacity which is NOT equal to actual income  • CLASS NOTES According to the Court. In other words. 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 loss. In the instant case. cf Gatchalian v. in the case of profit-earning chattel s. and the indemnity shall be paid to the heirs of the latter. and this means. not the cost of the care the family is usually compelled to undertake at home to avoid bankruptcy (but the CC presents us with difficulties) Well-settled rule: that AD which may be claimed by the plaintiff are those suffered by him as he has duly proved. that regard must be had to existing and pending engagements. the pieces of documentary evidence proffered by private respondent with respect to the items and equipment lost show similar items and equipment with corresponding prices approximately ten years after the collision. if they are to adequately correspond to the injury caused should be one which compensates for the pecuniary loss incurred and proved. temperate damages can and should be awarded on top of actual or compensatory damages in instances where the injury is chronic and continuing (There is no incompatibility when both AD and TD are provided for). and one which would meet pecuniary loss certain to be suffered but which could not. then that is the value to be used. Personal Injury and Death Art. The amount of damages for death caused by a crime or quasi-delict shall be at least three thousand pesos. Ramos pay for hospital bills 4.Y. that is. In other words. Damage to property PNOC v. NOTES: Rule: amount at the time of the loss. normally. even though there may have been mitigating circumstances. such indemnity shall in every case be assessed and awarded by the court. legitimate and illegitimate descendants and ascendants of the deceased may demand moral damages for mental anguish by reason of the death of the deceased. plus in a proper case damages for the loss of use during the period before replacement.” then the amount of damages which should be awarded. up to the time of the trial.  o CLASS NOTES PNOC gives guidance as to how actual damages are computed: 1. 1999 • . In PNOC. (2) If the deceased was obliged to give support according to the provisions of Article 291. for a period not exceeding five years.

The aforementioned events led Gatchalian to file an action extra contractu to recover compensatory and moral damages. ensued and ending with Gestala’s death from three gunshot wounds. HELD: Yes. and 1st year anniversaries of the death of the victim. the more difficult it is to remove Gatchalian ruling is OK but the reasoning is funny This is still law so women can take advantage of this The case also cited Araneta vs. such as the lining of the tomb. a minibus owned by the Delim spouses. ESPECIALLY ONE ON THE FACE OF A WOMAN. Inc. went off the road. Casis _S. However. it was easier to remove the scar. Of the expenses allegedly incurred. 2007- 44 over the sale of a handgun. turned turtle and fell into a ditch. GIVING RISE TO A LEGITIMATE CLAIM FOR RESTORATION TO HER CONDITION ANTE. ISSUE: WON the Delims are liable for the cost of plastic surgery to remove the scar on Gatchalian’s forehead. a bus of petitioner Victory Liner bypassed the Dalin bus and in doing so hit the old man and his carabao.  • • • • • • CLASS NOTES This case is always cited to support that plastic surgery can be the subject of AD. 1999 FACTS: The accused Rufino Mangahas and the late Rufino Gestala were drinking at a store near the latter’s house when an altercation between the two. as a paying passenger. was crossing the National Highway on his way home from the form.Y. IS A VIOLATION OF BODILY People v. eventually killing both of them. 950 was also awarded for funeral and burial expenses as well as P28. while the bus was running along the highway. Delim October 21. the Court can only give credence to those supported by receipt and which appear to have been genuinely incurred in connection with the death. generating mental suffering and feeling of inferiority on her part. or those incurred for purely aesthetic or social purposes. After trial. COMPENSATORY DAMAGES ARE DUE AND ASSESSABLE. wake or burial of the victim. RESULTING FROM THE INFLICTION OF INJURY UPON HER.Torts Magic Notes for FINALS_revised by A2010 2008 • • • Ramos case is important because AC is not just those up to the time of trial but also those certain to be suffered Lesson here: dramatize plight of your client If opposition: minimize plight of victim INTEGRITY. 40th day. 1991 FACTS: Reynalda Gatchalian boarded. Mangahas was found guilty sentenced to reclusion perpetua. the Court cannot take account of receipts showing expenses incurred before the date of the slaying of the victim. Thus. were injured and were promptly taken to a hospital for medical treatment. 2002 FACTS: While Andres Malecdan. a Dalin Liner bus stopped to allow him and his carabao to pass. IF THAT INTEGRITY IS VIOLATED OR DIMINISHED. She also alleged that the scar diminished her facial beauty and deprived her of opportunities for employment. she was older so SC ASSUMED that removing scar would be harder Skewed in favor of the beautiful Relevance nung “snapping sound” accdg to sir: baka naman may turtle kaya nag-turn turtle ung bus! Gatchalian v. P14. ISSUE: WON the award of damages for funeral. 890 for food during the vigil. She alleged in her complaint that her injuries had left her with a conspicuous white scar on her forehead. Several passengers. 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. Petitioner Gatchalian is entitled to be placed as nearly as possible in the condition that she was in before the mishap. a snapping sound was suddenly heard and shortly thereafter. In Reynalda’s case. Later. respondents in this case. A SCAR. Sir: technology makes things cheaper but SC here gave a presumption Most intriguing is the language of the Court— the longer the scar has been. those incurred after a CONSIDERABLE LAPSE OF TIME FROM THE BURIAL and which do not have any relation to the death. Prof. or burial of the victim. wake. allegedly . HELD: Not entirely. including Gatchalian. as Malecdan was crossing the highway. the vehicle bumped a cement flower pot on the side of the road. vs. Heirs of Andres Malecdan December 27. Nature of action here: breach of contract of common carrier Sir: is there a health risk if you have a scar? So purely aesthetic? What was the proof offered for the scar? Expert testimony: alleged cost of 5-10k Yet SC granted 15k based on a presumption that plastic surgery would cost more after several years (SO AD became speculative AND NOT PROVEN). Mangahas July 28. a 75 year-old farmer. During the trial. • • • • •  CLASS NOTES SC-removed from AC what it thought was extravagant • • Victory Liner. Therefore since in this case it was just a boy. Areglado where a young boy sued for costs of surgery for removal of his scar on his face which caused a degenerative process and inferiority complex to the boy. A ACTUAL INJURY PERSON IS ENTITLED TO THE PHYSICAL INTEGRITY IS SUFFERED FOR WHICH ACTUAL AND OF HIS OR HER BODY. 9th day. She was allegedly on her way to confer with the district supervisor of public schools for a substitute teacher’s job. and food expenses was proper. burial.

attorney's fees and expenses of litigation. (9) In a separate civil action to recover civil liability arising from a crime. just and demandable claim. On Exemplary Damages: imposed not to enrich one party or impoverish another but to serve as a deterrent against or as a negative incentive to curb socially deleterious actions. Inc. Prof. 339 in actual damages is proper. 2208. other than judicial costs. cannot be recovered. the trial court awarded P88. actual damages amounting to P88. therefore the injured party may recover from the employers DIRECTLY. which had been butchered for the 9th day death anniversary.Torts Magic Notes for FINALS_revised by A2010 2008 The trial court found both the driver and Victory Liner. In all cases. 1989 FACTS: Dr. Casasola died leaving his widow and several children. 339 as actual damages. Intermediate Appellate Court January 31. there should be proof of the actual amount of loss incurred in connection with the death. Quirante filed a motion in the trial court for the confirmation of his attorney’s fees alleging that there was an oral agreement between him and the late Dr. (PHILAMGEN) acted as bondsman for Guerrero. and exemplary damages. Inc. through his counsel. 40th day and 1st year death anniversaries. (11) In any other case where the court deems it just and equitable that attorney's fees and expenses of litigation should be recovered. wake or burial of the victim. After Casasola’s death. 90. among others. In the instant case. . John Quirante. ordered PHILAMGEN to pay the plaintiff the amount of the surety bond equivalent to P120. sued both Guerrero and PHILAMGEN.” (Except 2208) Quirante v. Dr. (2) When the defendant's act or omission has compelled the plaintiff to litigate with third persons or to incur expenses to protect his interest. moral. the cost of one pig. (5) Where the defendant acted in gross and evident bad faith in refusing to satisfy the plaintiff's plainly valid. ISSUE: WON the award of P88. (6) In actions for legal support. Attorney’s Fees Art.   CLASS NOTES The Court cherry-picked! Specifically deleted an item which was too extravagant. 000. these included the amount of P5. the person must have done something really bad AND be liable for a greater degree Why ED only? Why not for other damages as well? What is the rationale for the enumeration? “A person is free to litigate. Indalecio Casasola had a contract with a building contractor named Norman Guerrero. PHILAMGEN filed a notice of appeal but the same was not given due course because it was supposedly filed out of time. To justify an award for actual damages. except: (1) When exemplary damages are awarded.  • • • • • • CLASS NOTES Attorney’s fees are in the form of damages (nasa title on damages) Also in the form of AD MEMORIZE THIS ARTICLE! You can’t recover outside the listing of 2008 unless there is a stipulation AS regards the gen rule and exception. Dr. However. Casasola with regard to the said fees and allegedly confirmed by his widow in writing. PRIMARY Responsibility of employers: for the negligence of their employees in the performance of their duties. The trial court thereafter issued a writ of execution. The trial court found for Dr. Casis _S. Atty. (4) In case of a clearly unfounded civil action or proceeding against the plaintiff. (8) In actions for indemnity under workmen's compensation and employer's liability laws. it is not. 2007- 45 • • interest and for “at least double judicial costs”. regardless of the solvency of their employees. laborers and skilled workers. such as expenses relating to the 9th day. The trial court granted the motion despite opposition thereto hence the instant petition before the Supreme Court. the petition was dismissed and so the case was elevated to the Supreme Court. While these are duly supported by receipts. A petition was filed before the IAC to compel the trial court to give due course to the appeal. In the meantime. the attorney's fees and expenses of litigation must be reasonable.Y. Casasola. The Court cannot take into account receipts showing expenses incurred some time after the burial of the victim. The Philippine American General Assurance Co. Casasola and aside from awards of actual. (10) When at least double judicial costs are awarded. guilty of gross negligence and awarded. In view of Guerrero’s failure to perform his part of the contract within the period specified. In the absence of stipulation. This item cannot be allowed. 339. (3) In criminal cases of malicious prosecution against the plaintiff. sir said it can be BOTH Why may one recover attorney’s fees under those listed? –person is forced to protect his 5. (7) In actions for the recovery of wages of household helpers. HELD: No.

the interest shall begin to run from the time the claim is made judicially or extrajudicially but when such certainty cannot be so reasonably established at the time the demand is made. In the absence of stipulation. 3. 1999 46 1. the rate of interest. and it consists in the payment of a sum of money. the interest due should be that which may have been stipulated in writing.. regardless of whether or not the case involves a loan or forbearance of money. What is being claimed here as attorney’s fees is different from attorney’s fees as an item of damages provided under Article 2208 of the Civil Code. 2211. if none: loan or forbearance-12% not loan or forbearance-6%  • • CLASS NOTES Attorney’s fees referred to by Quirante not the same as attorney’s fees in 2208 What the difference?—Atty’s fees in 2208 are a form of AD and hence need to be proven. When the judgment of the court awarding a sum of money becomes final and executory. not of his counsel. however. Accordingly. be xxx the amount finally adjudged. be adjudicated in the discretion of the court. interest as a part of the damages may. Inc. we also ruled that the monetary award shall earn interest at twelve percent (12%) per annum from the date of the finality of the judgment until its satisfaction. with them as the creditors and the private respondents as the debtors. Rule: 1. Rules on Interest In Eastern Shipping Lines. in a proper case. not constituting a loan or forbearance of money. and in the absence of stipulation. Here. Interest due shall earn legal interest from the time it is judicially demanded. The interim period is deemed to be equivalent to a forbearance of credit. Art. from judicial or extrajudicial demand under and subject to the provisions of Article 1169 of the Civil Code. 2210. be allowed upon damages awarded for breach of contract. the petitioner’s claims are based on an alleged contract for professional services. a loan or forbearance of money. 7. except when the demand can be established with reasonably certainty. This is not something that goes to the attorney but to the litigant Forbearance of money: contractual obligation of lender or creditor to refrain during a given period of time. in the discretion of the court. CA Take note of complications like compounding of interest When would interest accrue? From time of judicial demand 8. Interest may. the interest shall begin to run only from the date the judgment of the court is made (at which time the quantification of damages may be deemed to have been reasonably ascertained). stipulation. this interim period being deemed to be by then an equivalent to a forbearance of credit. Art. 2213.  • • • • • CLASS NOTES 12% from CB Circular 416-for loan and forbearance of money. the rate of legal interest. v. as well as the accrual thereof. the interest due shall itself earn legal interest from the time it is judicially demanded. as opposed to 6% which was imposed by A2209 Forbearance of money: basically a loan. 2. When an obligation. Casis _S.. Inc. Interest Art. shall be the payment of the interest agreed upon. No interest. and the debtor incurs in delay. although the obligation may be silent upon this point. v.Torts Magic Notes for FINALS_revised by A2010 2008 ISSUE: WON the attorney’s fees being claimed are the same attorney’s fees contemplated in article 2208 of the Civil Code. 2209. the rate of interest shall be 12% per annum to be computed from default. Court of Appeals.Y. Art. Furthermore. is the judgment creditor who may enforce the judgment for attorney’s fees by execution. there being no stipulation to the contrary. Art. Prof. a credit but loan has a specific legal definition under the Civil Code Memorize rules laid down in Eastern Shipping Lines. v.e.. Mitigation of Liability Doctrine of Avoidable Consequences: -if the plaintiff does not try to reduce damages. i. and the litigant. shall be adjudged on unliquidated claims or damages except when or until the demand can be established with reasonable certainty. The actual base for the computation of legal interest shall. 2007March 9. the indemnity for damages. In crimes and quasi-delicts. in any case. HELD: No. is imposed.e. 2. 3. where the demand is established with reasonable certainty. i. above. the Court gave the following guidelines for the application of the proper interest rates: With regard particularly to an award of interest in the concept of actual and compensatory damages. Inc. not his counsel. 2212. he might not be able to recover -plaintiff must try to avoid further damage Crismina Garments v. which is six per cent per annum. is breached. the legal interest. CA . wherein the award is made in favor of the litigant. as follows: When the obligation is breached. If the obligation consists in the payment of a sum of money. whether the case falls under paragraph 1 or paragraph 2. from requiring the borrower or debtor to repay a loan or debt then due or payable. In Keng Hua Paper Products Co. Interest cannot be recovered upon unliquidated claims or damages. shall be 12% per annum from such finality until its satisfaction. CA. an interest on the amount of damages awarded may be imposed at the discretion of the court at the rate of 6% per annum.

social humiliation. (2) That the plaintiff has derived some benefit as a result of the contract. in CONTRIBUTORY NEGLIGENCE. the lower court found defendant liable to the plaintiff for damages resulting from breach of contract. 1033. (4) That the loss would have resulted in any event. as in the following instances: (1) That the plaintiff himself has contravened the terms of the contract. In crimes. the man who had been employed by the plaintiff as the patron of the casco went to the office of Siy Cong Bieng and was hired by the latter in the same capacity. Concept Art. 1918 FACTS: The defendant Tan Chuco. 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 as he might have been compelled to pay for the hire of a similar casco in the open market. 2007- 47 Cerrano v.  • • • • • • CLASS NOTES What’s the connection of this case with the Doctrine of Avoidable Consequences? Defendant says that liability is mitigated because plaintiff could have found another casco at the same price SC-no mitigation of liability Damage = profit which he would have made had the contract been performed CASCO: a barge PATRON: the captain of the barge B. Moral damages include physical suffering. *DOCTRINE OF AVOIDABLE CONSEQUENCES: IT RECOVERABLE. Moral 1. In contracts. the damages to be adjudicated may be respectively increased or lessened according to the aggravating or mitigating circumstances. (3) In cases where exemplary damages are to be awarded. or the price he would have been able to obtain the use of one. besmirched reputation. In the instant case the defendant made no effort whatsoever to show that any other similar cascos were in fact available to the plaintiff. the defendant notified the plaintiff that the following month it would be necessary to send the casco off for repairs. Though incapable of pecuniary computation. Some time during the month of May. 1916. the rent being payable at the end of each month. After trial. mental anguish. The party suffering loss or injury must exercise the diligence of a good father of a family to minimize the damages resulting from the act or omission in question. 2204. who was then the owner of casco No.  • CLASS NOTES 2203 is known as the Doctrine of Avoidable Consequences which is different from the Doctrine of Contributory Negligence DOCTRINE OF AVOIDABLE CONSEQUENCES. Santos. CA March 13. Kierulf v. Plaintiff then informed defendant that he would like to rent the casco again after the repairs had been completed. the party has to minimize the damages. (5) That since the filing of the action. and similar injury.Torts Magic Notes for FINALS_revised by A2010 2008 Art. and quasidelicts. In quasi-delicts. the defendant has done his best to lessen the plaintiff's loss or injury. the contributory negligence of the plaintiff shall reduce the damages that he may recover. fright. 2203. quasi-contracts. 1997 . •  CLASS NOTES IS A RECOGNIZED PRINCIPLE OF LAW THAT DAMAGES RESULTING FROM AVOIDABLE CONSEQUENCES OF THE BREACH OF A CONTRACT ARE NOT IT IS THE DUTY OF ONE INJURED BY THE ACT OF If the professor allowed you to stand for three (3) hours. WELL- Burden of Proof: rests on the defendant that the PLAINTIFF MIGHT HAVE (COULD HAVE) REDUCED THE DAMAGE. you can’t claim moral damages because there was an intervening cause—your inability to answer the questions • ANOTHER TO TAKE SUCH MEASURES AS PRUDENT MEN USUALLY TAKE UNDER SUCH CIRCUMSTANCES TO REDUCE THE DAMAGE AS MUCH AS POSSIBLE. the court may equitably mitigate the damages under circumstances other than the case referred to in the preceding article. that the defendant acted upon the advice of counsel. Casis _S. to which the defendant indicated that he was willing but that the rent would be increased to P80. Prof. 2217. moral damages may be recovered if they are the proximate result of the defendant's wrongful act for omission. HELD: No. the damages to be paid would be diminished if you contributed to the damage incurred! There is an obligation on the part of the party suffering to mitigate the loss. 2214. serious anxiety. wounded feelings. Art. Art. rented it to the plaintiff Vivencio Cerrano at a monthly rental of P70. About one week before the end of the repair period the defendant sold the casco to Siy Cong Bieng and Co. however. Art. Tan Chuco August 1. the plaintiff claiming that he was entitled to the possession of the casco under his contract with the defendant induced Santos to refuse to take orders from the new owners.Y. moral shock. 2215. There was no express agreement as regards the duration of the contract. In the absence of evidence it will not be presumed that plaintiff could have secured another casco at the same price had he looked for one. Upon the arrival of the casco in Manila.

In Cocoland Development Corporation vs. there must be pleading and proof of moral suffering." *MORAL DAMAGES ARE AWARDED TO ENABLE THE INJURED PARTY TO THE MORAL SUFFERING HE/SHE HAS UNDERGONE. that resulted therefrom. However.Y. not only for Lucila. ISSUE: WON an increase in the amount awarded as moral damages is warranted given the circumstances. it cannot be ITS AWARD IS AIMED AT RESTORATION. THERE IS NO HARD AND FAST RULE IN DETERMINING THE PROPER AMOUNT. serious anxiety and wounded feelings. her chin was still numb and thick. limbs and ribs. . AS MUCH AS POSSIBLE. Rodriguez ruled that when a person is injured to the extent that he/she is no longer capable of giving love. His wife might have been badly disfigured. National Labor Relations Commission. Lucila suffered injuries which required major surgery and prolonged treatment by specialists. unlike the Rodriguez spouse.. HELD: The Court increased the moral damages awarded but ruled against awarding moral damages based on loss of consortium or considerations of social and financial standing." no "abusive language and highly scornful reference" was given her. In order that moral damages may be awarded. that spouse has suffered a direct and real personal loss." no "supercilious manner. On Exemplary Damages: -designed to permit the courts to mould behavior that has socially deleterious consequences. the Court held that there must be clear testimony on the anguish and other forms of mental suffering. Victor (and for that matter. Neither should it be so little or so paltry that it rubs salt to the injury already inflicted on plaintiffs. Be that as it may. IT MUST BE PROPORTIONATE TO THE SUFFERING INFLICTED. She had to undergo several corrective operations and treatments. She felt that she has not fully recovered from her injuries. ending up on the wrong side of the road. Bethlehem was cited as authority for the claim of damages based on loss of marital consortium. causing it to swerve to the left. OF THE SPIRITUAL STATUS QUO ANTE. THUS. although argued before Respondent Court. The Court noted that the Rodriguez case clearly reversed the original common law view first enunciated in the case of Deshotel vs. however. SINCE EACH CASE MUST BE GOVERNED BY ITS OWN PECULIAR CIRCUMSTANCES. She suffered sleepless nights and shock as a consequence of the vehicular accident. was not supported by the evidence on record. it is nevertheless essential that THE CLAIMANT SHOW THE EXISTENCE OF THE FACTUAL BASIS FOR DAMAGES AND ITS CAUSAL CONNECTION TO THE DEFENDANT’S ACTS. DIVERSIONS OR AMUSEMENTS THAT WILL SERVE TO ALLEVIATE REASON OF THE DEFENDANT'S CULPABLE ACTION. x x x social humiliation. The spouses Kierulf. wife of Victor Kierulf. affection. mental anguish. Thus. and its imposition is required by public policy to suppress the wanton acts of an offender. They also averred that the social and financial standing of Lucila should also be considered in fixing the award of moral damages. moral damages cannot be awarded. The factual circumstances prior to the accident show that no "rude and rough" reception. no "menacing attitude. She lost all her teeth. The yardstick should be that the amount awarded should not be so palpably and scandalously excessive as to indicate that it was the result of passion. She even had to undergo a second operation on her gums for her dentures to fit. in consequence thereof. The social and financial standing of a claimant of moral damages may be considered in awarding moral damages only if he or she was subjected to contemptuous conduct despite the offender's knowledge of his or her social and financial standing. owner of the pickup and employer of Legaspi. mental anguish. Clearly. In Francisco vs. it is still proper to award moral damages to Petitioner Lucila for her physical sufferings. fright. the Court held that "additional facts must be pleaded and proven to warrant the grant of moral damages under the Civil Code. but he had not testified that. Victor's claim for deprivation of his right to consortium. if the plaintiff fails to take the witness stand and testify as to his/her social humiliation. The front of the bus bumped the front portion of an Isuzu pickup driven Porfirio Legaspi. Casis _S. Atchison. these being. The loss is immediate and consequential rather than remote and unforeseeable. Despite treatment and surgery.Torts Magic Notes for FINALS_revised by A2010 2008 FACTS: One of Pantranco’s buses was traveling along EDSA when the driver lost control of the bus. grave anxiety. RULES: When social & financial standing may be considered in awarding MD: only if he or she was subjected to contemptuous conduct despite the offender’s knowledge of his or her social and financial standing. comfort and sexual relations to his or her spouse. fright and the like. BY OBTAIN MEANS. She sustained multiple injuries on the scalp. Both the trial court and the Court of Appeals found for Legaspi and the Kierulfs. a California case. 2007- 48 wounded feelings and anxiety. While no proof of pecuniary loss is necessary in order that moral damages may be awarded. his right to marital consortium was affected. GSIS. However. etc. averred that the disfigurement of Lucila’s physical appearance due to the accident could not but affect their marital right of consortium and asked that the moral damages awarded be increased from P100. In the instant petition. The social and financial standing of Lucila cannot be considered in awarding moral damages. prejudice or corruption on the part of the trial judge. Lucila) had failed to make out a case for loss of consortium. that a wife could not recover for the loss of her husband's services by the act of a third party. it is personal to the spouse and separate and distinct from that of the injured person. wounded feelings. Prof. Rodriguez v. but also for her husband. and then to fly over the center island. causing damage to both vehicles and injuries to both Legaspi and his passenger Lucila Kierulf. 000 to one million pesos. As a consequence of the incident.

diversion or amusements that will serve to obviate the moral suffering he has undergone. 49 IN A WANTON. MORAL DAMAGES DEFENDANTS ACTED FRAUDULENTLY MAY IN BE BAD RECOVERED FAITH. by way of example or correction in addition to CD 2. Inc. the wrongful act must be accompanied by BF. fraudulent. Casis _S. 000 in favor of defendant on or before May 15. CA March 3. thus it must be proportionate to the suffering inflicted. the defendant informed them that they were unwilling to continue with the sale due to failure by the plaintiffs to comply with the essential preconditions of the contract. OPPRESSIVE OR MALEVOLENT Visayan Sawmill Co.Torts Magic Notes for FINALS_revised by A2010 2008 recovered as a matter of right—it is based entirely on the discretion of the court. Prof. & 3. etc. by reason of the defendant’s culpable action. though incapable of pecuniary estimation. Its award is aimed at restoration. diversity or amusement that will serve to alleviate the moral suffering he/she has undergone. The Union found out later that the contract was to be oppressive and unduly favorable to the company. It was stipulated that the management could revoke the contract before the expiration of the term if the union failed to render proper service. There is no hard and fast rule in determining the proper amount since each case must be governed by its own peculiar circumstances. as much as possible. -awarded to enable the injured party to obtain means. They are awarded only to enable the injured party to obtain means. IF Moral damages are emphatically not intended to enrich a complainant at the expense of the defendant.  CLASS NOTES What to prove in breach of contract: • Defendants acted fraudulently and in bad faith • Purpose of MD reiterated in this case *SC held that Visayan Sawmill DID NOT HAVE ANY OBLIGATION to sell because RJH breached agreement on 3 counts (did not comply with suspensive conditions)  • • • • CLASS NOTES Rodriguez case-different from what happened to Lucila (there was nothing wrong with possible performance. the plaintiff sent a series of telegrams to the defendant demanding that the latter comply with the deed of sale. v. 1983. of the spiritual status quo ante. On May 24. RECKLESS. “Equipment was not damaged. However. 1993 FACTS: Plaintiff RJH Trading. HELD: No. Allied Free Workers Union May 24. In contracts. liquidated or compensatory damages. Defendant alleged that it sent a telegram to plaintiff canceling the sale because of the failure of the latter to obtain a letter of credit in its favor. and defendant Visayan Sawmill Co.Y. plaintiff’s employees started to gather scrap iron at the defendant’s premises until May 30 when defendant allegedly directed plaintiff’s employees to desist from pursuing the work. and the award would be allowed only if the guilty party acted in a wanton. entered into a sale involving scrap iron located at the stockyard of defendant corporation subject to the condition of plaintiff opening a letter of credit in the amount of P250. Requirements before ED may be awarded: 1. On may 17. • • • AND while EXEMPLARY DAMAGES MAY ONLY BE AWARDED IF DEFENDANTS ACTED . The Court noted the palpably excessive and unconscionable moral and exemplary damages awarded by the trial court to the private respondent despite a clear absence of any legal and factual basis therefore. and it must be proportional to the suffering inflicted. On Moral Damages: -MD. 2007MANNER. On May 26. Proof and Proximate Cause Compania Maritima v. oppressive or malevolent manner. The contract itself could be renewed by agreement of the parties. The plaintiff filed a petition for preliminary attachment but it was returned unserved because the scrap iron as well as other pieces of machinery could no longer be found on the defendant’s premises. plaintiff informed defendant that a letter of credit had been opened with BPI but that the transmittal of the same was delayed. 1977 FACTS: The Compania Maritima and the Allied Free Workers Union entered into a written contract whereby the Union agreed to perform arrastre and stevedoring work for the company’s vessels at Iligan City. claimant must 1st establish his right to moral. Its award is aimed at the restoration. within the limits of the possible. 1983. ISSUE: WON the moral damages awarded in favor of RJH trading were proper. FRAUDULENT. are in the category of an award designed to compensate the claimant at the expense of the defendant. Causal connection between factual basis and defendant’s wrongful act or omission 2. by reason of the defendant’s culpable action. defendants received a letter of advice from BPI informing them that a letter of credit had been opened in their favor. On July 19. of the spiritual status quo ante.”) Sir: what kind of evidence will you present without embarrassing yourself to prove loss of consortium? This case can be used in the future—even if reason is only lack of visual stimulation Another factor to determine amount of moral damages: social and financial standing (but wouldn’t it be discriminating since you only award damages to those who are rich?) Epilogue by ponente: there should be: Factual basis of mental anguish. temperate.

the pawnshop tickets for the jewelry she had sold him which she used. fright. therein Plaintiff failed to take the witness stand and defendant’s breach of contract was held to be not malicious and fraudulent. however. THIS IS SO BECAUSE MORAL DAMAGES THOUGH INCAPABLE OF PECUNIARY ESTIMATION. one must plead and prove Prof. all of them were dishonored for the reason that the accounts of Bautista were closed. Del Rosario v. HELD: Yes. ISSUE: WON Miranda-Ribaya is entitled to an award of moral damages. It MERELY CLAIMED MORAL DAMAGES in the prayer of its complaint. the company claimed actual and moral damages resulting from the strike. serious anxiety. during a storm. a juridical person. HELD: No. In the instant case. to redeem the same from the pawnshops where they had been pledged. moreover. CA January 29." *IT IS ESSENTIAL IN THE AWARD OF DAMAGES THAT THE CLAIMANT HAVE SATISFACTORILY PROVEN DURING THE TRIAL THE MUST EXISTENCE OF THE FACTUAL BASIS OF THE DAMAGES AND ITS CAUSAL CONNECTION TO DEFENDANT'S ACTS. or moral shock” and the like justified the denial of the claim for damages. Also. Sometime in 1968. the spouses Del Rosario purchased a quantity of the defendant Metal Forming Corporation’s Banawe roofing shingles for use in their house. HELD: Yes. 1980 FACTS: Mrs. This was not held to be sufficient. 2007- 50 Miranda-Ribaya v. Miranda-Ribaya later discovered that most of the jewelry she had sold to Bautista had been pledged to various pawnshops. with great difficulty. is not entitled to moral damages. OF THE  • • CLASS NOTES Nature of contract was for arrastre and stevedoring services ARRASTRE: hauling of cargo. This led to a labor dispute and a strike by the workers of the Union.Torts Magic Notes for FINALS_revised by A2010 2008 This was because while he shippers and consignees paid the Union only for the arrastre work. During the litigation. ARE IN THE CATEGORY OF AN AWARD DESIGNED TO COMPENSATE THE CLAIMANT FOR ACTUAL INJURY SUFFERED AND NOT TO IMPOSE A PENALTY ON . Considering that the company’s claim for moral damages was BASED ON THE SAME FACTS ON WHICH IT PREDICATED ITS CLAIM FOR ACTUAL DAMAGES. Accompanied by her agent. The court. they experienced "feelings of shock. It was found that MFC DID IN TRUTH ACT WITH BAD FAITH. the COMPANY DID NOT PLEAD AND PROVE moral damages. she visited Bautista in his Greenhills home and was impressed by the size of his residence. embarrassment and anger. found that their claim for actual damages was baseless. THE “INDEPENDENT AUDITOR” HIRED WAS ACTUALLY A FRIEND OF THE BRANCH MANAGER…) ." There being. it follows that the company. helplessness. handling of cargo on the wharf or between the establishment of the consignee or shipper and the ship’s tackle STEVEDORING: handling of cargo in the holds of the vessel or between the ship’s tackle and the holds of the vessel The law explicitly authorizes the award of moral damages "in breaches of contract where the defendant acted fraudulently or in bad faith. IN FLAGRANT BREACH OF ITS EXPRESS WARRANTIES MADE TO THE GENERAL PUBLIC AND IN WANTON DISREGARD OF THE RIGHTS DEL ROSARIOS WHO RELIED ON THOSE WARRANTIES . 1997 FACTS: Impressed by the defendant’s advertising.Y. fear. Niceta Miranda-Ribaya was in the pawnshop business and in the business of buying and selling jewelry. ISSUE: WON the company is entitled to moral damages. Casis _S. Bautista January 28. the company itself also refused to pay for the stevedoring services because the contract explicitly provided that the compensation for both arrastre and stevedoring would be paid by the shippers and consignees. RULE: FAILURE TO MENTION IN TESTIMONY THE SACRAMENTAL PHRASES IS NOT ENOUGH TO DENY CLAIM FOR DAMAGES. She subsequently sold him several pieces of jewelry paid for with postdated checks issued by Bautista. When the maturity of the checks given in payment arrived. able to confront Bautista and obtain. She was. the petitioner took the witness stand and established by uncontradicted testimony that due to defendant’s deceitful and malevolent acts of defraudation she had suffered extreme anguish and could not sleep for three months. Thus the Union was only compensated for arrastre work performed and not for stevedoring. she was informed by one of her agents that a wealthy logger by the name of Marino Bautista was interested in buying some of her jewelry. is adequately demonstrated by the recorded proofs. JUST SELFSERVING TESTIMONIES. ISSUE: WON the Del Rosario spouses are entitled to moral damages. however. portions of the roof were blown away by strong winds which also led to the interior of the house being damaged as well. the grant to them of moral damages is warranted. RULE: In order to recover MD. claiming that the company was the one obligated to pay for the stevedoring services. at her own expense. Much to chagrin. The Court did not share the appellate court’s narrow view that petitioner’s failure to use in her testimony the precise legal terms or “sacramental phrases” of “mental anguish. However. wounded feelings. WHICH WAS FOUND TO BE GROUNDLESS (NO SALES INVOICES PRESENTED. It was held to be sufficient that these exact terms were pleaded in the complaint and evidence was adduced amply supporting the same. satisfactory evidence of the psychological and mental trauma actually suffered by the Del Rosarios. The Court differentiated the instant case from Francisco v. GSIS because in Francisco. Over a period of about a month.

Such a conclusion would make of moral damages a penalty. which is expressly mentioned in Art. 2208 by reference in Art. Casis _S. rather than a compensation for actual injury suffered. thereby implying that all other quasi-delicts not resulting in physical injuries are excluded. 26. 2219 also provides that moral damages may be awarded in "analogous cases" to those enumerated. 000 for moral damages. the Code has chosen to enumerate the cases in which moral damages. Bugayong December 2. HELD: The court reaffirmed the rule that although an allegation is not necessary in order that moral damages may be awarded. 1968 FACTS: Defendant Bienvenido Carciller. 2208 (par.” RULE: Unfounded suit-not a basis of MD for it is not part of 2219  • • CLASS NOTES What’s wrong with Judgment on the pleadings in the granting of MD? the rule on AC as regards proving cannot be done with a judgment on the pleadings Judgment on the pleadings-primary submission only (nothing to support) Enervida v. Ruling in favor of the defendant.Y. 2219). ESSENTIAL THAT THE CLAIMANT SATISFACTORILY PROVE THE EXISTENCE OF THE FACTUAL BASIS OF THE DAMAGE AND ITS CAUSAL CONNECTION TO DEFENDANT’S ACTS. essential that the (ART. 2219). 30.  • • CLASS NOTES Motion for summary judgment (there’s no more controversy if it’s summary judgment) Here MD was not awarded not because of proof but because unfounded suits do not warrant MD People v. 1974 FACTS: Petitioner Roque Enervida filed a complaint against the defendant-spouses Lauro and Rosa de la Torre. but is not included in the enumeration of Art. This is so because moral damages. are not corrective or exemplary damages. are in the category of an award designed to compensate the claimant for actual injury suffered and not to impose a penalty on the wrongdoer. among others. but we do not think the Code intended" a clearly unfounded civil action or proceedings" to be one of these analogous cases wherein moral damages may be recovered. and 34. 9. though incapable of pecuniary estimation.Torts Magic Notes for FINALS_revised by A2010 2008 THE WRONGDOER AND ARE ALLOWABLE ONLY WHEN SPECIFICALLY PRAYED FOR IN THE COMPLAINT. the special torts referred to in Art. it is. But the two enumerations differ in the case of a clearly unfounded suit. the sum of P2. 10. the Court found the plaintiff’s civil action to be entirely unfounded. in other words. 28. we are inclined to agree with petitioner that these damages are not recoverable herein. 2202). De La Torre January 28. of course. nevertheless. Moral damages. HELD: No. Traya February 27. excepting. THE AMOUNT OF INDEMNITY BEING LEFT TO THE DISCRETION OF THE COURT (Art. as it did in Art. Defendants filed their answer stating. it is. Besides. nevertheless. 35 on the chapter on human relations (par. 2007- 51 Raagas v. 27. 2217) AND ITS CAUSAL RELATION TO CLAIMANT SATISFACTORILY PROVE THE EXISTENCE OF THE FACTUAL BASIS OF THE DAMAGE DEFENDANT'S ACTS. 4). 1998 . 309. 2219 in respect to moral damages. may be recovered (Art. 2219 Specifically mentions "quasi-delicts causing physical injuries". Prof. 32. while no proof of pecuniary loss is necessary IN ORDER THAT MORAL DAMAGES MAY BE AWARDED. ran over the three year old son of plaintiff spouses Melquiades and Adela Raagas. 2216). Art. 2208. par. while “recklessly” driving a truck owned by his co-defendant Octavio Traya. A like enumeration is made in regard to the recovery of attorney's fees as an item of damage (Art. 2219 and in Arts. 2208). as justifying an award of attorney's fees. The lower court rendered a judgment on the pleadings condemning the defendants to pay to the plaintiffs. ISSUE: WON the defendant spouses are entitled to moral damages by reason of the unfounded civil action filed against them. The trial court and the Court of Appeals both seem to be of the opinion that the mere fact that respondent were sued without any legal foundation entitled them to an award of moral damages. praying that the deed of sale executed by his deceased father Ciriaco Enervida over a parcel of land covered by a homestead patent be declared null and void for having been executed within the prohibited period of five years. Art. which they are intended to be. hence they made no definite finding as to what the supposed moral damages suffered consist of. 29. or else incorporated Art. ISSUE: WON moral damages were properly awarded despite there being a judgment on the pleadings. among other things. or it would have expressly mentioned it in Art. Furthermore. 2219. causing the child’s instantaneous death. The Supreme Court ruled that: “with respect to moral damages. It will be observed that unlike compensatory or actual damages which are generally recoverable in tort cases as long as there is satisfactory proof thereof (Art. 2219. which they are not. He further prayed that he be allowed to repurchase the said parcel for being the legitimate son and sole heir of his deceased father. Art. It is true that Art. notwithstanding the finding of the trial court and the Court of Appeals that his complaint against respondents were clearly unfounded or unreasonable. that the plaintiff had no cause of action against them as his father was still alive and it was not true that he was the only son of Ciriaco Enervida and that the sale did not take place within the prohibited period. 21. as an instance when moral damages may be allowed.

Willful injury to property may be a legal ground for awarding moral damages if the court should find that. Moral damages may be recovered in the following and analogous cases: (1) A criminal offense resulting in physical injuries. v. Expertravel caused several demands to be made. Alleging that Lo had failed to pay the amount due. The plaintiff’s father. 000 as moral damages. ISSUE: WON damages can be recovered by reason of a clearly unfounded suit. NOT BEING MALICIOUS OR FRAUDULENT. may also recover moral damages. Rodolfo Andal. and to cover the balance.20. Cases where allowed (MEMORIZE!) Art. (3) Seduction. ISSUE: WON the victim is entitled to moral damages. The GSIS was itself the buyer of the property in the foreclosure sale. WOUNDED FEELINGS. without the need for pleading or proof of the basis thereof as had heretofore been the practice. such damages are justly due. descendants. Dela Torre). This led to litigation as to the nature of the agreement in which the plaintiff eventually prevailed. 34. 1999 FACTS: Expertravel issued to respondent Ricardo Lo (Ricky Lo! Showbiz!) four round-trip plane tickets to Hong Kong. proposing to partially pay off his daughter’s indebtedness. THE ANGUISH SUFFERED BY A PERSON FOR HAVING BEEN MADE A DEFENDANT IN A CIVIL SUIT WOULD BE NO DIFFERENT FROM THE USUAL WORRY AND ANXIETY SUFFERED BY ANYONE WHO IS HALED TO COURT. Expertravel and Tours. Francisco v. 30.Y. since according to the GSIS. referred to in No. in the order named. Casis _S. (4) Adultery or concubinage. Atty. (2) Quasi-delicts causing physical injuries. The Court held that Bugayong should also be ordered to pay the victim the additional amount of P50. 2007- 52 HELD: No. 26. GSIS appeared amenable to the proposal and the various sums therein were paid by the plaintiff and her father to the defendant. This continued until the GSIS sent the plaintiff and her father three letters asking for a proposal for the payment of her indebtedness.    CLASS NOTES For Rape. ascendants. Art. however. 9 of this article. has almost invariably been held not to be a ground for an award of moral damages. Vicente Francisco. CA June 25. and 35. ETC.. Abduction. but primarily because a BREACH OF CONTRACT LIKE THAT PF THE DEFENDANT’S. as the decision holds. payable within 10 years in monthly installments. (10) Acts and actions referred to in Articles 21. sent a letter to the general manager of the defendant corporation. or abused. ISSUE: WON plaintiff is entitled to moral damages by reason of defendant’s breach of contract. The parents of the female seduced. together with hotel accommodations and transfers for a total cost of P39. mortgaged in favor of the defendant GSIS a parcel of land known as the Vic-Mari Compound in Quezon City. HELD: Although the institution of a clearly unfounded civil suit can at times be a legal justification for an award of attorney's fees (Enervida vs. In People v. The same rule applies to breaches of contract where the defendant acted fraudulently or in bad faith. the Court ruled that moral damages may additionally be awarded to the victim in the criminal proceeding. the foreclosure on the property would be set aside. (6) Illegal search. *Rationale for the rule: THE LAW COULD NOT HAVE MEANT TO IMPOSE A PENALTY ON THE RIGHT TO LITIGATE. (7) Libel. abduction. The account had been remitted to Expertravel through its then Chairperson Ma. HELD: Yes. emotionally. 2220. abducted.. and brothers and sisters may bring the action mentioned in No. such filing. Prades. 29. in such amount as the Courts deems just. P50k awarded as indemnity ex delicto + P50k as MD 3. DOES NOT WARRANT THE AWARD OF MORAL DAMAGES. Since the demands were ignored by Lo. . Acts of Lasciviousness and Physical injuries: NO NEED to prove MD. The spouse. Damage automatically comes from being a victim of such crimes and it is assumed that the victim suffered mentally. under the circumstances. Seduction. 3 of this article. or other lascivious acts. 2219. Respondent Lo answered that his account with Expertravel had already been fully paid. In exchange. CC . (8) Malicious prosecution. the GSIS extrajudicially foreclosed the mortgage on the ground that up to that date the plaintiff was in arrears on her monthly installments. rape. 27. his eleven year old stepdaughter. to allow the GSIS to manage the property and collect the installments due on the unpaid houses and lots thereon until the debt was fully paid. slander or any other form of defamation. Prof. Inc. the one-year period of redemption had expired.. 32. GSIS March 30. Expertravel filed a complaint for recovery of the amount. (5) Illegal or arbitrary detention or arrest. A SITUATION THAT CANNOT BY ITSELF BE A COGENT REASON FOR THE AWARD OF MORAL DAMAGES.There was no error in the appealed decision in denying moral damages. (9) Acts mentioned in Article 309. The trial court found for the respondent and held that the amount claimed by Expertravel had already been paid. 677.Torts Magic Notes for FINALS_revised by A2010 2008 FACTS: Rodelio Bugayong alias “Boy” was convicted of raping and committing acts of lasciviousness against Arlene Cauan. Some time later. 28. not only on account of plaintiff’s FAILURE TO TAKE THE WITNESS STAND and TESTIFY TO HER SOCIAL HUMILIATION. Rocio de Vega who was theretofore authorized to deal with the respondent’s clients. raped. 1963 FACTS: Plaintiff Trinidad Francisco in consideration of a loan.

1. but are designed to compensate and alleviate in some way the physical suffering. 20. 2007- 53 ISSUE: WON Moral damages should be awarded to the Mijares spouses. besmirched reputation.Torts Magic Notes for FINALS_revised by A2010 2008 If the rule were otherwise. 2219. or c. social humiliation. in Culpa Aquiliana or QD: a. for partial payment under the account name of his store. MENTAL OR PSYCHOLOGICAL THERE MUST BE A CULPABLE ACT OR OMISSION FACTUALLY ESTABLISHED THE WRONGFUL ACT OR OMISSION IS THE PROXIMATE CAUSE OF THE INJURY THE AWARD OF DAMAGES IS PREDICATED ON ANY OF THE CASES STATED IN 5. Upon confrontation. The Co-op was dissolved and ceased operations in 1986. Illegal search. following the ejusdem generis rule must be held similar to those expressly enumerated by the law. in Art. v. special rule: e. MMD made deliveries to Silverio’s store for almost a year. amounting to 32K. Illegal detention e. Illegal arrest f. *REQUISITES OF MD: 4. A PERSON’S RIGHT TO LITIGATE SHOULD NOT BE PENALIZED BY HOLDING HIM LIABLE FOR DAMAGES. MMD filed a complaint to collect from Editha. FACTS: J Marketing discovered that a motorcycle was missing from its bodega. Nature of MD: not punitive. in wanton disregard of his contractual obligation. as an officer of the Co-op. 2219 (CASIS: PENDING ISSUE) When MD allowed: must be the proximate result of a wrongful act or omission. 21. Casis _S. Sia refused to return the motorcycle and dared the representative to file a case in court. *ELEMENTS OF MP: (1) MALICE. the factual basis for which is satisfactorily established by the aggrieved party. PI b. ESPECIALLY WHEN HE BELIEVES HE HAS A RIGHTFUL CLAIM AGAINST ANOTHER. Court found suit to be unfounded. was guilty of gross negligence (amounting to BF). “J” filed a complaint for replevin against Sia. or b. then moral damages must every time be awarded in favor of the prevailing defendant against an unsuccessful plaintiff. BF. 2. Motorcycle was traced to Sia. Lascivious acts c. 2. Under Culpa contractual or breach of contract: when the defendant acted in: a. 19. Jr. b. Mijares v. 1746 in relation to Art. WHETHER PHYSICAL. CA FACTS: Metro Manila Drug supplied pharmaceutical products to the Mijares spouses’ drugstore and to the Ospital ng Maynila Consumers Cooperative Drugstore. fright. 26-huma relations torts) -also applies to contracts when breached by tort In Culpa Criminal: when accused is found guilty of a. Adultery or concubinage d. despite having been informed that they no longer did business in Ospital. where the defendant is guilty of an intentional tort (casis: Arts. wounded feelings. which is also operated by Editha Mijares. HELD: No. when the act of breach of contract itself is constitutive of torts resulting in physical injuries (PI). HELD: No. Mijares spouses COLLECTION. which was dishonored. when an act or omission causes P “J” filed the complaint based on . Defamation Malicious Prosecution The term “analogous causes” in Art. (2) ABSENCE OF PROBABLE CAUSE. serious anxiety. Marketing Corp. a. mental anguish. or without malice or bad faith. and its space was leased out to Solomon Silverio who also put up a drugstore. moral shock.  • • • CLASS NOTES Court applied same elements for MP and unfounded suits Sir: this should not have been the case because it lumps together the two (2) kinds of action The enumeration of the elements was probably a mistake because malicious prosecution is not equivalent to unfounded suits. RTC and CA dismissed the complaint and awarded moral and exemplary damages and attorney’s fees in favor of Sia. 2206: when death results from a breach of carriage J. and similar injury unjustly caused to a person. ALTHOUGH FOUND TO BE ERRONEOUS. or g. THERE MUST BE AN INJURY. DOCTRINE: Moral Damages cannot be recovered from a person who has filed a complaint against another in good faith. Amount of MD: though incapable of pecuniary estimation. FAILED TO SHOW THAT MMD 3. Sia. WAS MOTIVATED BY BAD FAITH WHEN IT INSTITUTED THE ACTION FOR It is merely an unfounded suit not Malicious Prosecution. 3. 1. Unfounded Suits Unfounded suits Malicious prosecution ART. “J’s” representative examined the chassis and motor numbers of the motorcycle and found them tampered. & exceptionally: d. 4. Prof. ISSUE: WON the award of Moral Damages is proper. must be PROPORTIONAL TO AND IN APPROXIMATION OF THE SUFFERING INFLICTED.Y. Silverio issued a check.

The Bondads denied any responsibility or liability to IIC and Morales. After this. ISSUE: WON the award of moral and exemplary damages were justified. so she filed an illegal dismissal case. She was transferred several times. she was no longer given any assignments even if she was willing and able to do light work. social humiliation. good customs. (2) Injury sprung from any of the cases listed in Art. HELD: No. The case focused more on how Osdana was treated when she worked in Saudi Arabia. ISSUE: WON the award of Moral and exemplary damages and attorney’s fees was proper. IIC was RECKLESS WHEN IT IMPLEADED THE BONDADS IN SPITE OF CLEAR EVIDENCE THAT THEY WERE NOT LIABLE FOR THE DAMAGE TO Prof. CA FACTS: SITI (Cometa: president) extended loans to GIDC (Guevara: president). The bus bumped the jeep that was parked at the shoulder to fix a tire and the bus went on to hit the car. NOTE: SC did not equate mp with an unfounded suit MORALES’ CAR. which the latter failed to pay. serious anxiety. or public policy. or was done in a manner contrary to morals. Guevara filed a complaint for malicious prosecution against Cometa. (3) prosecutor acted without probable cause. . etc. Cometa v. and a car. and Pablo became sick and even suffered a mild stroke. Torrenueva’s widow DID NOT TESTIFY ON HAVING CLASS NOTES Lesson here as opposed to earlier discussion to sue as many as you can: don’t implead people without any reason or a suit will also be filed against you MP was filed against SITI and Cometa. 2007- 54 Triple Eight Integrated Services v. ISSUE: WON the award of moral and exemplary damages was justified. (2) prosecution terminated in the plaintiff’s acquittal. It is not enough that the claimant alleges mental anguish. The owner of the car (Morales) and the insurance company filed a complaint for damages against the bus company. HELD: Yes. (3) Necessary that such acts be shown to have been tainted with bad faith or ill-will. DOCTRINE: The adverse result of an action does not make a complainant subject to pay moral damages. its driver. Ordered IIC to pay them moral damages for recklessly and baselessly impleading them in spite of the clear language in the Traffic Investigation report that they were not responsible in any way for the accident. Industrial Insurance Company v. The award of damages was proper. ISSUE: WON the case for malicious prosecution states a cause of action and warrants a full blown trial on the merits. a jeep. Bad working conditions made her ill and she had to be confined in a hospital. All the requirements for a valid cause of action were present. The effects of this was that Ligorio could not work. SITI foreclosed the mortgages and was the highest bidder in the foreclosure sale. DOCTRINE: Requirements to sustain an award of moral damages: (1) Claimant suffered injury. DOCTRINE: What must be alleged in a complaint for malicious prosecution so that there is a valid cause of action: (1) defendant himself instigated the prosecution. DOJ Secretary reversed prosecutor’s finding but the RTC eventually dismissed the case. She was dismissed from work and not given any separation pay. HELD: Yes. Labor Cases DEATH OF HER HUSBAND. DOCTRINE: Moral damages are recoverable where the dismissal of the employee was attended by bad faith or fraud or constituted an act oppressive to labor.Torts Magic Notes for FINALS_revised by A2010 2008 Sia’s own challenge for them to sue him.    CLASS NOTES Moral damages are not just awarded because of violations of the Labor Code. Sue someone who could readily be impleaded (based on legal basis) FACTS: Pirame. IIC ACTED IN BAD FAITH WHEN IT COMPELLED THE BONDADS TO TRAVEL FROM LAGUNA TO MAKATI TO LITIGATE AN UNFOUNDED CLAIM. Cometa filed a falsification case against Guevara which was dismissed by the prosecutor for lack of probable cause. Pirame  • •    CLASS NOTES Purpose of requirements: to temper the filing of suits in order to get damages. Casis _S. HELD: Yes. Criminal Taking Of Life People v. NLRC FACTS: Erlinda Osdana was recruited by Triple 8 as a food server in Saudi Arabia. but she again became ill and required 2 surgeries. The award of Moral Damages is justified. FACTS: A 3-automobile collision involving a bus. et al were found guilty of murdering Pedro Torrenueva. so “J” could not be deemed to have done so with bad faith. even if done erroneously. and the jeep’s driver and owner (Ligorio and Pablo Bondad). Triple 8 refused to help her. (4) the prosecutor was actuated by malice. ii. TC and CA: exculpated the Bondads. LA and NLRC both ruled in her favor and awarded her damages. Bondad The absence of any generic aggravating circumstance precludes the award of exemplary damages. wounded feelings. as a result of the other party’s acts. not unfounded suit SUFFERED ANY MENTAL ANGUISH OR EMOTIONAL DISTRESS FROM THE i.Y. 2219 or 2220 (CC). No damages can be charged on those who may exercise their right to litigate in good faith.

 • NOTES: Q: why ANALOGOUS TO MP only and not MP? A: can’t be MP coz no prior case that ended or was qualified as MP CLASS NOTES Seems to consider MD similar to AD  CLASS NOTES Fule v. 2 hours later. Moral damages should be increased to 50K. For this reason. ISSUE: WON the award of damages is proper. and Belarmino 250K as moral damages. AS BORNE OUT BY HUMAN EXPERIENCE A VIOLENT DEATH INVARIABLY AND NECESSARILY BRINGS ABOUT EMOTIONAL PAIN AND ANGUISH ON THE PART OF THE VICTIM’S FAMILY. only to be stunned with a court case. a banker/jeweler bartered his 10 ha. (3) Since the filing of the case. He had to share a room with another passenger whom he promised to repay in Surigao. attacked his character by alleging that he was a known gambler and big time casino player. he learned that the hotel expenses of some passengers were reimbursed. It was found during . The bank also alleged that the proceeds of the checks were used by Flores in gambling. the City Fiscal of Surigao took a PAL flight from Manila to Surigao. PAL gave out cash assistance to its stranded passengers. a small city. CA FACTS: Fule. On the flight. they were living under a pall of doubt which surely affected not only their earning capacity. RULE: MD does not need actual proof. Cruz under a Deed of Absolute Sale with Atty. He filed a case against Cruz and Belarmino seeking the nullification of the Deed on the ground of fraud and deceit. Enough IT IS INHERENTLY HUMAN TO SUFFER SORROW. without proofs. LOVE. moral damage must be awarded even in the absence of any allegation and proof of the heirs’ emotional sufferings. However. Pantejo requested that he be billeted at a hotel at PAL’s expense because he wasn’t carrying cash. PAIN AND ANGER WHEN A LOVED ONE BECOMES THE VICTIM OF A VIOLENT OR BRUTAL KILLING. 2219 (8). as shown by Fule’s wanton bad faith and his filing of a malicious and unfounded case against Cruz & Belarmino. Preponderance of evidence suggests that the cause of action in this case was contrived by Fule himself. Due to a typhoon. a prominent businessman in Baguio engaged in the real estate business of buying and selling house and lots. Factors in Determining Amount PNB v. Fule was able to examine the jewelry and accepted them (he had already examined them before and even made a sketch). ISSUE: WON the award of moral damages should be increased. CA FACTS: Carmelo Flores. 2007- 55 Carlos Arcona y Moban v. considered 1M in Moral Damages to be excessive because (1) Flores did not prove that he lost the Baguio House. Cruz presents a possible distinction between Arcona and Pirame: the manner of death was taken into account (violent nature of the death) which Prof. Casis does not seem to agree with. This is the sales case on BARTER! PAL v. the flight to Surigao was cancelled while on a stopover in Cebu. (4) The length of time the case has dragged on during which their reputations were tarnished and their names maligned. TC & CA dismissed the complaint and ordered him to pay Cruz 300K. and held in high esteem in San Pablo. PNB. respected.Y. that this had caused him his integrity and dependability as a businessman in Baguio.Torts Magic Notes for FINALS_revised by A2010 2008 DOCTRINE: Proof of suffering must be attested to justify the award of moral damages. Flores also testified in court regarding his woes when PNB refused to honor his checks. Flores filed this MFR contending that the award was too small. HELD: Yes. Casis _S. The case is analogous to malicious prosecution under Art. CA the trial that the bank was negligent of its duties. SUCH BRUTAL DEATH NOT ONLY STEALS FROM THE FAMILY OF THE DECEASED HIS LIFE. TORMENT. That because of the incident whenever he tries to make a deal people doubt his capacity to pay. CA FACTS: Carlos Arcona was convicted of homicide and was ordered to pay 10K as moral damages. Flores’ character and personality are irrelevant to the issues in the case. PNB later refused to honor the checks because of alleged shortage in his payment. CA FACTS: Pantejo. bought from PNB 2 manager’s checks worth 500k each. but PAL refused. SUPPORT AND AFFECTION BUT ALSO LEAVES THEM WITH A GNAWING FEELING THAT AN INJUSTICE HAS BEEN DONE TO THEM. DOCTRINE: Factors considered in determining amount: (1) Cruz & Belarmino are well-known. Belarmino. HELD: Yes. Casis Commentary: SC reduced the award. From this it is obvious that PNB besmirched Flores’ reputation causing him undue humiliation. Prof. but also besmirched their reputations. Property for a pair of diamond earrings from Dr. He appealed claiming self-defense. he complained that the earrings were fake. (2) Both are near the twilight of their lives after maintaining and nurturing their good reputation in the community. HELD: Yes. (2) 1M in Moral Damages is grossly disproportionate to the 100K in actual damages. SC took into account the following: that despite the fact that Mr. that displays wanton bad faith. ISSUE: WON the award of moral damages was correct. Pantejo sued PAL for damages for discriminating b. SC increased the award to 200K.    CLASS NOTES This seems to be in conflict with the Pirame case. The Supreme Court reduced the award of 1M to 100k as moral damages. NOTE: cf Arcona v.

2007- 56  • • ISSUE: WON the amount of damages was proper. as their suppliers discontinued credit lines resulting in the collapse of their businesses. The SC finds the 10K award of Moral Damages justified under the circumstances. hospitalization expenses and Moral Damages (5K). Valenzuela’s left leg was amputated. he bit Ramos’ arm and left ear. Li and his employer were found jointly and severally liable. although the offended party had not appealed from said award. SLEEPLESSNESS. These injuries have left indelible marks on his body and will serve as a constant reminder of his traumatic experience. 180K (medical expenses + loss of earnings). The tickets were issued and paid for. The TC awarded them 2M in moral damages. to be divided among Senator Lopez (100K). his wife (50K). The amount of damage which goes with the SUDDEN SEVERING OF A VITAL PORTION OF THE HUMAN BODY AND THE RESULTANT ANXIETY. The Chuas filed a complaint for injunction and damages. but the bank refused. Producer’s Bank v. Although it is not humiliating to travel as tourist passengers. which altogether necessarily subjected him to ridicule. ISSUE: WON the award of moral damages is proper. and asked for 500K as actual and moral damages. Her left leg was severed & she had to get a prosthetic leg. wounded feelings. DOCTRINE: The amount of moral damages awarded DEPENDS ON THE NATURE AND EXTENT OF THE PHYSICAL INJURIES. TC awarded. but CA reduced moral damages to 500K. the amount awarded is appropriate. moral (150K). his daughter and her husband. HELD: No. The damages awarded to each of them are reasonable. The nature of the injuries and the degree of physical suffering endured by Ramos warrants it. his wife. Valenzuela filed a case claiming damages: 1M (moral). The incident caused the mutilation of Ramos’ ear and a permanent scar on his arm. SUBSTANTIAL DAMAGES DO NOT TRANSLATE INTO EXCESSIVE DAMAGES Prof. secured by a real estate mortgage. who in turn filed a petition for extrajudicial foreclosure of the mortgage. CA FACTS: Lourdes Valenzuela was fixing a flat tire on the roadside when she was hit by Alexander Li who was driving a company car. Considering the prestige of his rank and position. He was convicted of attempted homicide and was made to serve sentence and ordered to indemnify Ramos for loss of crops. P1M in moral damages is proper. They filed an action for damages against the bank. CLASS NOTES Casis Commentary: Valenzuela must have been really beautiful. CA FACTS: The Chuas had substantial savings and current deposits with the Bacolod Branch of Producers Bank. Senator Lopez was the Senate President Pro Tempore and a for VicePresident of the Philippines. but missed. Casis _S. COMMENSURATE TO THE . IT IS HUMILIATING TO BE COMPELLED TO DO SO . They grappled for the gun. His family too coz they shared in his prestige and humiliation. “under protest. Valenzuela v. The Chuas deposited 960K. They were constrained to take the flight as tourist passengers. increased the damages awarded by the TC.” Lopez filed a suit for damages. As to the members of his family. because first class was already fully booked. ISSUE: WON the increase in the amount of Moral Damages was proper.Torts Magic Notes for FINALS_revised by A2010 2008 against him.Y. CA reduced it to 500K. DOCTRINE: Factors: Pantejo was exposed to humiliation and embarrassment especially because of his GOVERNMENT POSITION and SOCIAL PROMINENCE. The damage to their REPUTATION AND SOCIAL Lopez v. ISSUE: WON the award of damages is proper. alleging breach of contracts in bad faith. The bank dishonored checks drawn out by the Chuas on the ground of insufficient funds. PAL acted in bad faith in disregarding its duties as a common carrier to its passengers and in discriminating against Pantejo. The Chuas requested to see the ledgers of their account. his humiliation. The refund of hotel expenses was discriminatorily made since it was not made known to all its passengers. DOCTRINE: The award should be SUFFERING INFLICTED. mutilating the latter. despite their having over 1M in savings. 100K (exemplary). Pan American FACTS: Senate President Pro Tempore Fernando Lopez reserved first class tickets with Pan-Am for him. The dishonor of the Chuas’ checks and the foreclosure initiated by the bank AFFECTED THE CREDIT STANDING AND THE BUSINESS DEALINGS OF THE CHUAS. the artificial leg would have to be adjusted to the physiologic changes her body would normally undergo through the years. but the amount was not credited to their account because the Branch Manager absconded with the money of the bank’s depositors. CA FACTS: Sumalpong shot twice at Ramos. they share his prestige and therefore. The damage done was permanent and lasting. but on the day of the flight. HELD: Yes. The CA has in many cases. Sumalpong v. PSYCHOLOGICAL INJURY AND MENTAL AND PHYSICAL PAIN IS INESTIMABLE. his daughter (25K) and his son-in-law (25K). shame and anguish. CA modified the award of damages. and in doing so. serious anxiety and mental anguish as a result of Pan-Am’s breach in bad faith of their contracts. They obtained a P2M loan. and exemplary (100K) damages. HELD: Yes. TC awarded him actual (300K). The Lopezes suffered social humiliation. ISSUE: WON the reduction of the award of moral damages was justified. NOTES: his stature demanded that he be given MD. increasing Moral Damages to 10K. HELD: SC reduced moral damages to 300K. Permanent nature of damage HELD: SC raised the amount to 200K. CFI awarded 150K in moral damages. they were informed that they could not be accommodated as first class passengers. It was PAL’s standard policy to extend cash assistance or hotel accommodations to stranded passengers.

Viva’s agent gave ABS (through Charo Santos) a list of 36 films to choose 24 from. value of the profits that the oblige failed to obtain In Contract and Quasi-Contracts: the damages which may be awarded are dependent on whether the obligor acted in GF or otherwise In case of GF: damages recoverable are those which are the NATURAL AND PROBABLE CONSEQUENCES of the breach of the obligation which the parties have FORESEEN or COULD HAVE REASONABLY FORESEEN at the time of the constitution of the obligation In case of Fraud. Who May Recover Strebel v. 2219.provides that MD may be recovered in breaches of contract where the defendant acted fraudulently or in BF DOCTRINE: The financial credit of a businessman is a prized and valuable asset. -AD may also be recovered for loss or impairment of earning capacity in cases of temporary or permanent personal injury. it has no feelings. They are not awarded everytime a party wins a suit. last paragraph. as distinguished from that form of MENTAL SUFFERING which is the accompaniment of sympathy or sorrow for another’s suffering or which arises from a contemplation of wrongs committed on the person of another. Assuming that such act amounted to any wrong. -Indemnification shall comprehend: 1. DOCTRINES: (1) The RIGHT OF RECOVERY FOR MENTAL SUFFERING RESULTING FROM BODILY INJURIES is restricted to the person who has suffered the bodily hurt. atty’s fees may be recovered as AD or CD under any of the circumstances in Art. embarrassment. including the 14 films in the “napkin agreement. or for injury to the plaintiff’s business standing or commercial credit. which can be experienced only by one having a nervous system. legal & equitable justification. whether or not such damages could have been reasonably foreseen by the defendant. ABS was given a right of first refusal to 24 films. (2) MENTAL ANGUISH is restricted to such mental pain or suffering as arises from an injury or wrong to the person himself. et al FACTS: Strebel. he cited the incident of the transfer of his son-inlaw (Hernandez) from the BOI to the Bureau of Prisons. HELD: No. STANDING Prof. Viva’s agent denied such agreement.” RBS made print ads of the anticipated airing of “Maging Sino Ka Man. Any adverse reflection thereon constitutes some financial loss to him. no senses. On Actual Damages: -One is entitled to compensation for AD only for such pecuniary loss suffered by him as he has duly proved (except as provided by law or by stipulation) c. On Atty’s fees: -in the absence of stipulation. there was a “napkin agreement” for Viva to sell 14 films for P36M. On Moral Damages: Art. Casis _S. 2219. or for fright due to a wrong against a third person. Figueras. MANERO) In Crimes and QDs: defendant shall be liable for all damages which are the NATURAL AND PROBABLE CONSEQUENCES of the act or omission complained of. In one of his causes action. 2208 General Rule: atty’s fees cannot be recovered as part of damages because of the policy that no premium should be placed on the right to litigate. It therefore cannot experience physical suffering and mental anguish. Complaint was dismissed and moral damages were awarded to RBS for having its reputation debased by the filing of the complaint.” ABS filed a complaint for specific performance w/ a prayer for injunction.defines what are included in MD Art. The transfer was within the power of the DOJ Secretary. He claims that Figueras influenced the DOJ Secretary to effect such transfer and is seeking moral and actual damages. According to Lopez of ABS. The bank caused them serious anxiety. ISSUE: Can Strebel recover damages inconvenient transfer of Hernandez? for the HELD: No. 2220. a Mobilgas station owner sued Acting Labor Secretary Figueras. Director of Labor Jose and Assistant City Fiscal Ruperto.enumerates the cases where MD may be recovered Art.Torts Magic Notes for FINALS_revised by A2010 2008 entitles them to moral damages. and humiliation. ISSUE: WON the award of damages to RBS was proper. Santos only liked 10 (including “Maging Sino Ka Man”) and did not accept it. no emotions. CA FACTS: ABS and Viva executed a Film Exhibition Agreement whereby Viva gave ABS an exclusive right to exhibit some Viva films. 2217. Deals with ABS failed. The award of moral damages cannot be granted in favor of a corporation being an artificial person and having existence only in legal contemplation. so then Viva made a deal with RBS granting the latter the exclusive right to 104 film. it being a significant part of the foundation of his business. malice or wanton attitude: actor shall be responsible for all damages which may be reasonable attributed to the nonperformance of the obligation.Y. the right of action would accrue in favor of Hernandez. -The power of the court to award atty’s fees under Art. and there can be no recovery for distress caused by sympathy for another’s suffering. BF. 2007- 57 NOTES: one cannot be awarded MD for the suffering one did not endure (sympathy) cf Art. . 2208 demands factual. value of he loss suffered 2. (CF: PEOPLE VS.  • • CLASS NOTES Cf: Lopez – wife shared in “prestige” of hubby (goes into the amount of MD) What about Strebel and son-in-law? Sufferering suffered by vicarious relations?  • CLASS NOTES Rule on Damages is jurisprudential: amounts do not change but basis for fixing damages are changed! ABS-CBN v.

. PHIBRO filed an action for damages on the ground that NAPOCOR’s act of disqualifying them was tainted with malice and bad faith. It merely exercised its reserved right to reject bid applicants who previously failed to perform properly. unlike in the case of a natural person. Art. and (2) as a general rule. reckless. the assessment of damages is left to the discretion of the court according to the circumstances of the case. for A CORPORATION HAS NO REPUTATION IN THE SENSE AN INDIVIDUAL DOES. In criminal cases: recoverable as part of the civil liability when the crime was committed with one or more aggravating circumstance In QD: when defendant acted with gross negligence In contracts and quasi-contracts: if the defendant acted in a wanton. to nominal damages. Centeno FACTS: Ventanilla hired Atty. 2221. and not for the purpose of indemnifying the plaintiff for any loss suffered by him. No MD for corporations: The award of MD cannot be granted in favor of a corporation because being an artificial person and having existence only in legal contemplation. HELD: Yes. (1) there was no bad faith. Nominal damages are adjudicated in order that a right of the plaintiff. liquidated or compensatory damages. petitioner still has not given her the TCT of the lot. the amount of which the evidence fails to show. Nearly 3 years after her last payment. 2223. experience physical suffering and mental anguish. it has no feelings. v. as between the parties to the suit. * A CORPORATION BEING AN ARTIFICIAL PERSON AND HAVING EXISTENCE ONLY IN LEGAL CONTEMPLATION. The deed of absolute sale however. PHIBRO participated in the bidding again. Moral Damages not proper: Ventanilla v. The amount. within the limits of the possible. and that the perfection of the appeal was no assurance that Ventanilla would succeed in his first action for recovery. Casis _S. moral damages are not awarded to corporations. Lower courts ruled in favor of PHIBRO and awarded actual. according to the circumstances of the case. but NAPOCOR disapproved their application. in addition to moral. DOCTRINE: Nominal damages are not indemnification of loss suffered but for the vindication or recognition of a right violated or invaded. PHIBROS FACTS: NAPOCOR issued invitations to bid for the supply and delivery of imported coal. oppressive or malevolent manner. ISSUE: WON PHIBRO is entitled to damages. however. fraudulent. IT CANNOT EXPERIENCE PHYSICAL SUFFERING AND MENTAL ANGUISH. the amount that he seeks to recover here as nominal damages is excessive. Centeno to represent him in an action for recovery with damages. TC awarded her P20K in nominal damages.Y. DOCTRINE: Nominal damages are recoverable where some injury has been done. NAPOCOR did not act in bad faith in disapproving PHIBRO’s application for prequalification to bid. but for the vindication or recognition of a right violated or invaded. Prof. should be reduced since there was no showing of bad faith on the part of the petitioner. NO SENSES. Ventanilla now seeks to recover damages against Centeno. or their respective heirs and assigns. ISSUE: WON the award of nominal damages was proper. It is inherently impossible for a corporation to suffer mental anguish. NO EMOTIONS. so NAPOCOR advertised again for bidding of the same products. 22. Centeno screwed up the filing of appeal. Robes-Francisco Realty Corp. Art. PHIBRO’s bid was accepted. CFI FACTS: Lolita Millan bought a lot from the petitioner in May. The right of the vendee to acquire title to the lot she bought was violated by the petitioner and this entitles her. 2007- 58 HELD: No. and should be proportionate to the suffering inflicted. NAPOCOR v. HELD: No. Considering that nominal damages are not for the indemnification of loss suffered. TC: awarded him P200 as nominal damages. HAS NO FEELINGS. at the very least. On Exemplary Damages: -imposed by way of example or correction for the public good. or in every case where any property right has been invaded. The damages awarded are proper. which has been violated or invaded by the defendant. The adjudication of nominal damages shall preclude further contest upon the right involved and all accessory questions. Millan filed a complaint for specific performance. was only executed in her favor in 1973. of the spiritual status quo ante. ISSUE: WON the TC erred in awarding only P200 instead of P2000 as nominal and other damages. 1962 and was able to fully pay her installments on Dec. DOCTRINE: Besmirched reputation cannot cause mental anguish to a corporation. Nominal Art. It cannot therefore. no senses. temperate. Assessment of Nominal Damages is left to the discretion of the court. which can be experienced only by having a nervous system. may be vindicated or recognized. PHIBRO was not able to deliver. no emotions. 1971.Torts Magic Notes for FINALS_revised by A2010 2008 MD aimed at restoration.  • CLASS NOTES Code lists all kinds of suffering but MENTAL ANGUISH should be involved – open question  • • CLASS NOTES ND small but ok according to SC because it is not supposed to account for anything ND only symbollic C. 2222. The court may award nominal damages in every obligation arising from any source enumerated in Article 1157. THEREFORE. moral and exemplary damages.

Armovit was unable to keep his appointments with his US patients. The wedding cake arrived at 10pm. but was delayed by traffic. Nominal damages should not be awarded when actual damages were. a minor. *DOCTRINE: WHENEVER ASCERTAINED IS PROPER. Dr. Their prevarication made them liable for nominal damages for insensitivity. Ferrer and Lo filed a case against Francisco for breach of contract w/ damages. DAMAGES CANNOT COEXIST WITH ACTUAL HELD: No. moral= P30K) ISSUE: WON the award of damages is proper. daughter: moral: 300K. Ferrer FACTS: Rebecca Lo and her daughter Anette Ferrer ordered a 3-layer wedding cake from Fountainhead Bakeshop. He was convicted of statutory rape and ordered to indemnify the victim through damages (actual= P3727. However. TC and CA awarded moral and exemplary damages. according to the circumstances of the case. (could be wrong because SC seemed to equate penal clause with liquidated damages) NWA refused to give them compensatory damages for breach of contract of air-transport carriage. which was denied for being deemed inadequate. nominal: 100K. CA where temperate damages were awarded for continuing injury Pleno v. HELD: Actual damages should be deleted as no proof was presented to show the actual amount of pecuniary loss. violated by the accused may be vindicated or recognized. Assessment of ND is left to the discretion of the court. People v. They filed an action for damages in the Manila RTC after Remember Ramos vs. causing it to hit a cargo truck parked along the shoulder. HELD: Yes.: moral: 300K. 2225. ISSUE: WON the deletion of nominal damages was proper. from the nature of the case.a. wounded feelings and serious anxiety until they were finally able to fly back to the US. but they refused to accept it because it only had 2 layers. exemplary: 300K. RTC awarded damages (Dr. they were rudely informed that they cannot be accommodated because their supposed flight was already taking off and the time on their tickets was wrong. CA FACTS: Dr. be provided with certainty. Temperate Sir: awarded when there is no basis for AD Art. inadvertence or inattention to their customer’s anxiety and need of the hour. Nominal Damages (P2K) should be awarded in order that the right of the victim. ISSUE: WON moral and exemplary damages should have been awarded.Torts Magic Notes for FINALS_revised by A2010 2008 Prof. he and his family suffered anguish. They were later informed that there would be no cake because the order slip got lost. They made a follow-up call and were assured that it was on its way. Temperate damages must be reasonable under the circumstances. Francisco (owner of Fountainhead) sent a letter of apology and 5K. Pleno filed a complaint for damages against the owner of the red truck and its driver. or (2) where there has been a breach of contract and no substantial injury or actual damages have been or can be shown. deleted moral and nominal damages. LEGAL RIGHT. Ferrer was compelled to buy a sans rival cake instead. Casis _S. CA reduced the . However. Temperate or moderate damages. Petitioners gave lame excuses for the delay in the delivery of the cake. which are more than nominal but less than compensatory damages.  • CLASS NOTES Why ND can’t coexist with AD? Sir says that award of AD already presupposes invasion of right so awarding ND would lead to double recovery Francisco v. Art. 2007- 59  • • CLASS NOTES 20K award of ND by TC excessive Penal clause issue: no penal clause because even if without it Millan still entitled to legal interest more than 4% p. DOCTRINE: Nominal damages are recoverable where (1) a legal right is technically violated and must be vindicated against an invasion that has produced no actual present loss of any kind. the cake was not there. CA FACTS: A red Ford cargo truck hit a blue Volkswagen kombi driven by Pleno. NOMINAL DAMAGES ARE PROPER. THE AWARD OF NOMINAL DAMAGES  CLASS NOTES Armovit v. exemplary: 500K. exemplary: 300K. nominal: 50K). On the return trip (Manila-US). at around 6pm.: actual: P1300. THERE HAS BEEN A VIOLATION OF AN ALTHOUGH NO ACTUAL DAMAGES D. moral: 500K. Gopio FACTS: Gopio raped and molested Princess Millano. *DOCTRINE: NOMINAL DAMAGES. Mrs. hitting its driver who was urinating in front of it. may be recovered when the court finds that some pecuniary loss has been suffered but its amount can not. CFI ruled in favor of Pleno. This is not for the purpose of indemnifying any loss suffered. RESULTED OR NONE ARE SHOWN. Armovit and his family decided to spend Christmas in the Philippines and bought 3 round-trip US-Manila tickets from Northwest Airlines. CA modified: sustained award of actual damages. Pleno was seriously injured and was confined for 5 months in Makati Med and had to undergo 5 surgeries. nominal: 50K.Y. On the wedding day. 2224.

whether intended as an INDEMNITY OR A PENALTY. Plazo was convicted of murder. In quasi-delicts. Prof. exemplary damages as a part of the civil liability may be imposed when the crime was committed with one or more aggravating circumstances. In contracts and quasi-contracts. People v. who was cleaning his motorbike nearby. A stipulation whereby exemplary damages are renounced in advance shall be null and void. Temperate damages were based on the impairment of income of actual capacity (since the actual income of Pleno as president of Mayon Ceramics company was not proven). Art. ISSUE: WON the reduction of damages was proper. Plazo FACTS: Edison Plazo boxed and stabbed Romeo Fabula. by way of example or correction for the public good. moral: 200K – 100K). In criminal offenses. 2227. considering that the DEFINITE PROOF OF PECUNIARY LOSS CANNOT BE OFFERED AND THE FACT THAT LOSS HAS BEEN ESTABLISHED. actual damages. Exemplary or corrective damages are imposed. 2229. temperate or compensatory damages before the court may consider the question of whether or not exemplary damages should be awarded. tried to stop the attack. although no proof of loss is necessary in order that such liquidated damages may be recovered. the court may award exemplary damages if the defendant acted in a wanton. Art. ISSUE: WON temperate damages should be awarded. shall be equitably reduced if they are iniquitous or unconscionable. Temperate damages under Art. HELD: No. civil indemnity. nevertheless. but he too was stabbed. Art. 2235. When the breach of the contract committed by the defendant is not the one contemplated by the parties in agreeing upon the liquidated damages. 2228. Such AWARDS PARTAKE OF DAMAGES WHICH MUST BE PROVEN NOT ONLY BY CREDIBLE AND SATISFACTORY EVIDENCE. In case liquidated damages have been agreed upon. The accused were convicted of murder and frustrated murder. HELD: Yes. 15K as temperate damages was awarded. 2226. Exemplary damages cannot be recovered as a matter of right. CA – but sir says it’s an aberration since TD is awarded when there is no basis for AD People v. Casis _S. or malevolent manner. exemplary damages may be granted if the defendant acted with gross negligence. Bare allegation is insufficient. ISSUE: WON damages should be awarded. Nevertheless. Art. before the court may consider the question of granting exemplary in addition to the liquidated damages. Liquidated damages are those agreed upon by the parties to a contract. Art.Torts Magic Notes for FINALS_revised by A2010 2008 amount of damages for being excessive (Temperate: 200K – 100K. temperate or compensatory damages were it not for the stipulation for liquidated damages. While the amount of the exemplary damages need not be proved. Exemplary or Corrective Art. F. 2007- 60  CLASS NOTES Fact of loss established but AD cannot be proved Art. HELD: Yes. the plaintiff must show that he would be entitled to moral. DOCTRINE: Temperate damages may be `awarded in cases where definite proof of pecuniary loss cannot be offered. BUT ALSO BY UNBIASED PROOF  • • CLASS NOTES LD intended as indemnity or penalty Juris: LD vs. 2234. to be paid in case of breach thereof. Each item of damages is adequately supported by evidence. 2232.  CLASS NOTES E. The lower court’s award of damages are more in consonance with the factual circumstances of the case. Art. in addition to the moral. reckless. Can AD and TD be warded at the same time? YES in Ramos vs. temperate. attorney’s fees and compensation for loss of earning capacity. fraudulent. . Art. killing him. and not the stipulation. but the court is convinced that there was an injury or loss. 2230. 2224 may be recovered where it has been shown that the victim’s family suffered some pecuniary loss but the amount thereof cannot be proved with certainty. -For LD: prove breach -For MD on top of LD: prove breach + BF Art. the court will decide whether or not they should be adjudicated. Penal clause -intent behind LD penalty is deterrent -LD is measure of damage which does not matter in penalty -LD is perceived loss if other party does not comply with his obligation because AD would be difficult to determine But in A2227: “indemnity or penalty” (Such as income tax reports). Such damages are separate and distinct from fines and shall be paid to the offended party. 2233. Singh FACTS: Dalvir.Y. although award for loss of earning capacity should be deleted. Dilbag. Lower courts awarded hospitalization and medical expenses. moral damages. et al ganged up on Surinder. oppressive. 2231. • appellants should pay the heirs of the victim temperate damages. the law shall determine the measure of damages. the plaintiff must show that he is entitled to moral. Liquidated Casis: 3rd parties are not bound by the stipulation of LD in the contract. Liquidated damages. liquidated or compensatory damages.

AND ONLY AFTER THE CLAIMANT’S RIGHT TO THEM HAS BEEN ESTABLISHED. DOCTRINE: Exemplary damages may be imposed by way of example or correction for the public good. FACTS: The sps. The Del Rosarios hired an adjuster to determine the cause of the destruction. HELD: Yes. CA: affirmed. Exemplary damages may be awarded if a party acted in a wanton. CASIS: implies that ED is attached to MD  • • CLASS NOTES How did court arrive at final amount? Compare with other cases (3) THE ACT MUST BE ACCOMPANIED BY BAD FAITH OR DONE IN A WANTON. FRAUDULENT. (2) THEY CANNOT BE RECOVERED AS A MATTER OF RIGHT. portions of the roof were blown off by a typhoon. reckless. 1996 FACTS: Tan owned a parcel of land which was expropriated by the government. Del Rosario bought roofing materials from MFC.Y. PNB was ordered to pay Tan the amount. Del Rosario v. CA Janunary 29.Torts Magic Notes for FINALS_revised by A2010 2008 Prof. 1997 . oppressive. ISSUE: WON exemplary damages should be awarded to Tan. He filed a motion w/ the TC requesting that it issue an order for the payment of P32K as expropriation price. Tan file a motion with the court requiring PNB to pay. HELD: No. or malevolent manner. Gonzaga took the money for herself. The adjusters found that MFC did not attach the tiles properly and the project was hastily done. MFC replaced and repaired them free of charge because of a warranty. Tan demanded payment which was refused by PNB. PNB issued and delivered a manager’s check to Sonia Gonzaga who had a Special Power of Attorny supposedly executed by Tan in her favor. The Del Rosarios filed a complaint with the DTI and another with the RTC to recover damages. but deleted the award of exemplary damages. 2007- 61  CLASS NOTES ED and ND: • ND vindicates right ~ declaratory relief • ED is penalty-like PNB v. but left to the discretion of the court. which advertised the materials as durable and sturdy. fraudulent. The awards of moral and exemplary damages are justified. THEIR DETERMINATION DEPENDING UPON THE AMOUNT OF COMPENSATORY DAMAGES THAT MAY BE AWARDED TO THE CLAIMANT. MFC acted in bad faith when it flagrantly breached its express warranties made to the general public. there is no basis for the award of exemplary damages. having already paid the amount to Tan’s “agent”. *(MEMORIZE) DOCTRINE: REQUIREMENTS FOR THE AWARD OF EXEMPLARY DAMAGES: (1) THEY MAY BE IMPOSED BY WAY OF EXAMPLE IN ADDITION TO COMPENSATORY DAMAGES. Although there was a breach of PNB’s obligation to Tan. Less than 2 months after installation. CA April 2. TC: ruled in favor of Tan and ordered PNB to pay the amount and exemplary damages. OPPRESSIVE OR MALEVOLENT MANNER. Casis _S. ISSUE: WON the award of damages is justified. It cannot be recovered as a matter of right.

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