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act or omission damage or injury is caused to another fault or negligence is present there is no pre-existing contractual relations between the parties causal connection between damage done and act/omission
B. DISTINGUISHED FROM OTHER SOURCES OF OBLIGATION: CONTRACT QUASI DELICT Vinculum Juris Contract Negligent act/ omission (culpa, imprudence) Proof Needed Defense available Preponderance of evidence Exercise of extraordinary diligence (in contract of carriage), Force Majeure There is pre-existing contract Contractual party. Prove the ff.: 1. existence of a contract 2. breach Preponderance of evidence Exercise of diligence of good father of a family in the selection and supervision of employees No pre-existing contract Victim. Prove the ff.: 1. damage 2. negligence 3. causal connection between negligence and damage done
DELICT Act/omission committed by means of dolo (deliberate, malicious, in bad faith) Proof beyond reasonable doubt
Pre-existing contract Burden of proof
No pre-existing contract Prosecution. Accused is presumed innocent until the contrary is proved.
C. CIVIL LIABILITY IN QUASI-DELICT vs. DELICT DIFFERENCE QUASI-DELICT Liability of Employer Solidary Reservation Requirement Civil aspect of the quasi-delict is impliedly instituted with criminal action, but under 2000 Crimpro Rules it is independent and separate Effect of judgement of Not a bar to recover civil damages EXCEPT when acquittal in a criminal case judgement pronounces that the negligence from involving same act/omission which damage arise is non-existent
DELICT Subsidiary Civil aspect is Impliedly instituted with criminal action Not a bar to recover civil damages
D. WHAT MUST BE PROVED 1. Negligence - In action for Quasi Delict, plaintiff must prove negligence of defendant Exception: a. In cases where negligence is presumed or imputed by law - this is only rebuttable/presumption juris tantum b. Principle of res ipsa loquitur (the thing speaks for itself) - grounded on the difficulty in proving thru competent evidence, public policy considerations
Damage/injury Causal connection between negligence and damage (to be actionable) -Defendant’s negligence must be the proximate cause of the injury sustained by the plaintiff to enable plaintiff to recover. Thus, if plaintiff’s own conduct is the cause of the injury there can be no recovery. If plaintiff's negligence is only contributory – he is considered partly responsible only, may still recover from defendant but must be reduced by the courts in proportion to his own negligence Concept of proximate cause – the adequate and efficient cause which in the natural order of events and under the particular circumstances surrounding the case, would naturally produce the event
E. DEFENSES: 1. CONTRIBUTORY NEGLIGENCE - the theory here is that the plaintiff was also negligent together with the defendant; to constitute a defense, proximate cause of injury/damage must be the negligence of defendant CONCURRENT NEGLIGENCE - the theory here is that both parties are equally negligent; the courts will leave them as they are; there can be no recovery DOCTRINE OF LAST CLEAR CHANCE - even though a person’s own acts may have placed him in a position of peril and an injury results, the injured is entitled to recover if the defendant thru the exercise of reasonable care and prudence might have avoided injurious consequences to the plaintiff. This defense is available only in an action by the driver or owner of one vehicle against the driver or owner of the other vehicle involved.
venue improperly laid d.1 year When no specific provision. 7. 8. 10. defendants concurrently negligent 3. condition precedent for filing claim has not been complied with F. cause of action is barred by prior judgement /statute of limitations g. therefore no liability is incurred. ACT OR OMISSION IS NOT THE PROXIMATE CAUSE OF THE DAMAGE 14. abandoned. plaintiff has no legal capacity to sue e.4 years Defamation . PRESCRIPTION Injury to right of plaintiff/quasi delict . EMERGENCY RULE – a person is not expected to exercise the same degree of care when he is compelled to act instinctively under a sudden peril because a person confronted with a sudden emergency may be left with no time for thought and must make a speedy decision upon impulse or instinct Applicable only to situations that are sudden and unexpected such as to deprive actor of all opportunity for deliberation But action must still be judged by the standard of the ordinary prudent man Absence of forseeability DOCTRINE OF ASSUMPTION OF RISK – Volenti non fit injuria Intentional exposure to a known danger One who voluntarily assumed the risk of an injury from a known danger cannot recover in an action for negligence or an injury is incurred Plaintiff’s acceptance of risk (by law/contract/nature of obligation) has erased defendant’s duty so that his negligence is not a legal wrong Applies to all known danger DUE DILIGENCE – diligence required by law/contract/depends on circumstances of persons.Elements: a. waived. claim is unenforceable under the provision of statute of fraud j. pleading asserting claim states no cause of action h. there is another action pending between same parties for same cause f. extinguished i.no person shall be responsible for those events which cannot be forseen. claim set forth in pleading has been paid.Responsibility for fault or negligence under quasi-delict is entirely separate and distinct from civil action arising from the RPC but plaintiff cannot recover damages 2x for same act or omission of the defendant 13. plaintiff was in a position of danger by his own negligence b. as against 3rd persons 4. places. 9. accident occurred as proximate cause of such failure Who may invoke: plaintiff Inapplicable to: 1. things FORTUITOUS EVENT . defendant knew of such position of the plaintiff c. lack of jurisdiction over person of defendant b. joint tortfeasors 2. OTHER GROUNDS – MOTION TO DISMISS a. or which through forseen were inevitable Exception: assumption of risk DAMNUM ABSQUE INJURIA – a principle that involves damage without injury. 6. there is no legal injury LAW – specific provision of law 5. lack of jurisdiction over subject matter c. defendant had the least clear chance to avoid the accident by exercise of ordinary care but failed to exercise such last clear chance and d. must be counted from the day they may be brought 12. EXERCISE OF DILIGENCE OF GOOD FATHER OF FAMILY IN SELECTION AND SUPERVISION OF EMPLOYEES 11. PERSONS LIABLE FOR QUASI DELICT . PROSCRIPTION AGAINST DOUBLE RECOVERY .
Teachers or heads of establishments of arts & trades shall be liable for damages caused by their i. entity or institution). b) GUARDIANS . minor children ii.Whoever by act or omission causes damage to another. students & apprentices ii. who live in their company Note: Father and Mother shall jointly exercise parental authority over common children. whether or not schools are liable? – gen rule: schools are not liable as party defendants exception: a) FC 218 – schools are expressly made liable b) St. Difference between Articles 218 & 2180 Art 218 School. but not when the same is caused by an official to whom task done properly pertains in which case art 2176 is applicable SCHOOLS. violation of duty on account of relationship – he is negligent a) PARENTS . act/omission was made outside working hours and in violation of company's rules and regulations e) STATE . art 218 .The state is responsible when it acts through a special agent. In case of disagreement. 2.those given the authority & responsibility shall be solidarily & principally liable for damages caused by act/omission of the unemancipated minor. teachers engaged in child care are made expressly liable Liability of school. and in case of his death or incapacity. in occasion of their function EMPLOYERS . the mother are responsible for damage caused by: i. in the service of the branches in which the latter are employed OR ii. teachers is solidary and parents are made subsidiary liable Students involved must be minor c) d) f) Art 2180 Teachers. art 219 . head of establishment in Arts and trades are made expressly liable No such express solidary nor subsidiary liability is stated Students involved not necessarily minor Issues: 1. its administration & teachers or the individual. under their authority & ii.Guardians are liable for damages caused by the minor or incapacitated persons who are i. PERSONS VICARIOUSLY LIABLE – the obligation imposed in 2176 is demandable not only for one’s own act or omission but also for those persons for whom one is responsible (art 2180). judicial guardian or person exercising substitute parental authority over said minor shall be subsidiarily liable. acting w/in the scope of their assigned task ii.Owners & managers of establishment or enterprise are responsible for damages caused by their employees i. instruction or custody (authority & responsibility shall apply to all authorized activities whether inside or outside the premises or the school. as long as they remain in their custody Note: Family Code. entity or institution engaged in child care shall have special parental authority & responsibility over the minor child under their supervision. live in their company OWNERS & MANAGERS OF ESTABLISHMENT/ENTERPRISE . there being no fault or negligence is obliged to pay for the damage done (art 2176). TEACHER .1. exercise of due diligence ins election and supervision of employees ii. a person who himself is not guilty of negligence is made liable for conduct of another Reason: 1. even though the former are not engaged in any business or industry (unlike in RPC – subsidiary liability of employer attaches in case of insolvency of employer for as long as the employer is engaged in business/industry) Defenses available to employers: i.Employers shall be liable for damages caused by their employees & household helpers i.The school. public policy – deeper pocket/capacity to pay 2. father's decision shall prevail (art 211). parents. Family Code. admin. pupils. admin. Francis case ruling – school’s liability as employer c) PSBA case ruling – school has liability based on contract . TORTFEASOR . ADMINISTRATOR. VICARIOUS LIABILITY – law on imputed negligence.The father.
DRINKS. Francis ruling (sue school as employer) b) if culprit is a stranger. SUCH AS FIREARMS AND POISON . Which is exercised in bad faith iii. by emanations from tubes. sewers or deposits of infectious matter. public buildings. g. and the inflammation of explosive substances which have not been kept in a safe and adequate place iii. he was in the vehicle.for all other provisions of law which do not especially provide their own sanction .liable for damages caused by things thrown or falling from the same b. CITIES & MUNICIPALITIES -shall be liable for damages for the death or injuries suffered by any person by reason of the defective condition of roads. f. h. canals. by falling of trees situated at or near highways or lanes.there is prima facie presumption of negligence on the part of defendant if death or injury results from such possession Exception: The possession or use thereof is indispensable in his occupation or business PROVINCES. For the sole intent of prejudicing or injuring another b. Art 19.if damage of building or structure is caused by defect in construction which happens within 15 years from construction. d. constructed without precautions suitable to the place ENGINEER. supervisory capacity of teacher – special parental authority 3.In motor vehicle mishap. bridges. 20) . ABUSE OF RIGHTS (Art 19) ELEMENTS: i. explosion of machinery which has not been taken cared of with due diligence. which may be harmful to persons or property iv. by excessive smoke. could have through due diligence prevented the misfortune MANUFACTURERS & PROCESSORS OF FOODSTUFFS. PERSONS EXPRESSLY MADE LIABLE BY LAW (even without fault) a.apply 2180 2. action must be brought within 10 years from collapse HEAD OF FAMILY THAT LIVES IN A BUILDING OR PART THEREOF . 21 (catch-all provision) a.they are liable for death and injuries caused by any noxious or harmful substances used although no contractual relation exists between them and the consumers DEFENDANT IN POSSESSION OF DANGEROUS WEAPONS OR SUBSTANCES. SPECIAL TORTS 1.responsible for the damages resulting from any of the ff. POSSESSOR OF AN ANIMAL OR WHOEVER MAKES USE OF THEM EVEN IF THE ANIMAL IS LOST OR ESCAPED Except: 1. c. streets. Force majeure 2. if not caused by force majeure v. and 2. GENERAL SANCTION (Art. before: boarding & living with teacher due to peculiar characteristic of trade & arts school as long as they are in the protective.: i. Fault of the injured/damaged person OWNER OF MOTOR VEHICLE . applies to all including academic institution per weight of jurisprudence based on obiter of Justice JBL Reyes in the Exconde case basis of liability of teacher – principle of loco parentis (stand in place of parents) so long as they remain in their custody not literal anymore. total or partial collapse of building or structure if due to lack of necessary repairs ii. does 2180 apply to school of arts & trades only? No. TOILET ARTICLES & SIMILAR GOODS . 20. ARCHITECT OR CONTRACTOR . follow St. G.So that – a) if culprit is a teacher. the owner is solidarily liable with the driver if: 1. and other public works under their control or supervision PROPRIETOR OF BUILDING OR STRUCTURE . e. 4. There is a legal right or duty ii. follow PSBA ruling (sue school based on contract) c) if culprit is a student . 3.
privacy and peace of mind of his neighbors and other persons. annoys or offends the senses. personality. that it finally terminates in his acquittal c. managed. The ff. without judicial proceeding . but may become so by reason of their locality. Willfully or negligently causes damage to another c.any act. Prosecution under the RPC or any local ordinance 2. injures or endangers the health or safety to others. condition of property. There is an act which is legal ii. good custom.every person shall respect the dignity.affects a community or neighborhood or any considerable number of persons REMEDIES AGAINST PUBLIC NUISANCES 1. physical defect. that is. 22. 2142 & 2143 3. intimidation. MALICIOUS PROSECUTION ELEMENTS. defies. without just cause to perform his official duty (art 27). plaintiff sustained material or moral loss as consequence of such non-performance d.ELEMENTS: i. obstructs or interferes with the free passage of any public highway or streets. But which is contrary to morals. or other personal condition 5. Civil action 3. UNFAIR COMPETITION . or ii. defendant is a public officer charged with the performance of a duty in favor of the plaintiff b.Arts. REQUISITES: a. VIOLATION OF RIGHTS AND LIBERTIES OF ANOTHER PERSON 9. And it is done with intent to injure 2. public order or public policy iii. the amount of such damages. hinders or impairs use of property b. 25. prying into the privacy of another's residence iii. UNJUST ENRICHMENT . acts though they may not constitute a criminal offense. shall produce a cause of action for damages. and d. a. OSTENTATIOUS DISPLAY OF WEALTH . if material 6. NUISANCE a. KINDS: NUISANCE PER SE . or disregards decency or morality. or the manner in which they may be conducted. or any body of water v. that he was actuated by legal malice. omission. that the defendant was himself the prosecutor/ he instigated its commencement b. Machination or other unjust. deceit. oppressive or highhanded method (Art 28) 7. Abatement. Place of birth. thoughtless extravagance for pleasure or display during a period of public want or emergency 4. or iv. by improper and sinister motive 8. surroundings. In the exercise of his legal right or duty ii. lowly station in life. DERELICTION OF OFFICIAL DUTY OF PUBLIC OFFICERS May be brought by any person suffering from material or moral loss because a public servant refuses or neglects.Unfair competition in agricultural. etc. VIOLATION OF RIGHT OF PRIVACY AND FAMILY RELATIONS Art 26 . or iii. PUBLIC . CONTRA BONUS MORES (ART 21) ELEMENTS: i. meddling with or disturbing the private life or family relations of another iii. or anything else which: i. vexing or humiliating another on account of his religious beliefs. that in bringing it the prosecutor acted without probable cause.Art. 23. establishment. he refused or neglected without just cause to perform such duty (ministerial) c. DEFINITION .those which are in their nature not nuisances. shocks.denounced as nuisance by common law or by statute NUISANCE PER ACCIDENS . commercial or industrial enterprises or in labor through the use of force. prevention and other relief: i. intriguing to cause another to be alienated from his friends iv.
DOCTRINE OF ATTRACTIVE NUISANCE . provided by law b. that the abatement be approved by the district health officer and executed with the assistance of local police iv.) 3. without judicial proceedings WHO MAY AVAIL OF REMEDIES (1). Public officers 2.natural. by stipulation WHAT MUST BE DONE TO COLLECT ACTUAL DAMAGES: 1. necessary and logical consequences of a particular wrongful act which result in injury. Private persons .000 PRIVATE . that the value of destruction does not exceed P3.damages which are the natural. affect an individual or a limited number of individuals only REMEDIES AGAINST PRIVATE NUISANCES (1). liquidated damages take the place of actual damages except when additional damages incurred 2. which takes the children who accepted it out of the category of a trespasser and puts them in the category of invitees.) Loss is presumed (ex: loss if a child or spouse) . demand be first made upon owner or possessor of the property to abate the nuisance ii. towards whom the owner of the premises or instrumentality owes the duty of ordinary care H.) Plead or allege the loss GENERAL DAMAGE . Civil action (2).) Liquidated damages previously agreed upon.if nuisance is specially injurious to himself.one that is not included in the foregoing definition.if nuisance is specially injurious to himself.adequate compensation for a) the value of loss suffered b) profits which obligee failed to obtain Exception: a. that the abatement be approved by the district health officer and executed with the assistance of local police iv. the ff. that such demand has been rejected iii. steps must be made: i. demand be first made upon owner or possessor of the property to abate the nuisance ii. steps must be made: i. Private persons . Abatement.a class of cases within the general rule that one is liable for the injury resulting to another from failure to exercise the degree of care commiserate with the circumstances the attractiveness of the premises or of the dangerous instrumentality to children of tender years is to be considered as an implied invitation.000 c. the ff. that such demand has been rejected iii. ACTUAL/COMPENSATORY . Public officers (2). DAMAGES Kinds of Damages: (MENTAL) MORAL EXEMPLARY NOMINAL TEMPERATE ACTUAL LIQUIDATED 1. but not the necessary and inevitable result of the wrongful act. need to be pleaded 2.WHO MAY AVAIL OF REMEDIES 1. need not be specifically pleaded because the law itself implies or presumes that they resulted from the wrongful act SPECIAL DAMAGES . that the value of destruction does not exceed P3.) Pray for the relief that claim for loss be granted Prove the loss WHEN LOSS NEED NOT BE PROVED: 1.) If damages other than actual are sought 3.
In contracts.discretionary on part of the court 4.000 b) Loss of earning capacity unless deceased had permanent physical disability not caused by defendant so that deceased had no earning capacity at time of death c) Support. interests.) Forfeiture of bonds in favor of the government for the purpose of promoting public interest or policy (ex: bond for temporary stay of alien) CONTRACTS & QUASI CONTRACTS 1. 3. Physical suffering b. Besmirched reputation c. it is sufficient that damages may be reasonably attributed to the non-performance of the obligation CRIMES & QUASI-CRIMES defendant is liable for all damages that are natural and probable consequence of the act/omission complained of not necessary that damages have been forseen or could have been reasonably forseen a) VALUE OF LOSS SUFFERED . that since the filing of the action. if deceased was obliged to give support (for period not more than 5 years) d) Moral damages Attorney's fees . MORAL DAMAGES . that the loss would have resulted in any event e. Contributory negligence 2. except: a) stipulation between parties b) when exemplary damages are awarded c) when defendant's act/omission compelled plaintiff to litigate with 3rd persons or incur expenses to protect his interest d) malicious prosecution e) clearly unfounded civil action or proceeding against plaintiff f) defendant acted in gross & evident bad faith in refusing to satisfy plaintiff's just & demandable claim g) legal support actions h) recovery of wages of household helpers. Loss or impairment of earning capacity (in case of physical disability) Damages for death a) Minimum amount: P50. Natural and probable consequence of breach of obligation. Damages in case of bad faith a. plaintiff has contravened the terms of contract b. Damages in case of Good faith a. attorney's fees. that the defendant acted upon the advise of counsel d. in case where exemplary damages are to be awarded.future earnings WHEN IS DAMAGES MITIGATED: 1. cost of litigation Damages recoverable: 1. Medical & Hospital Bills 2. attorney's fees (other than judicial costs) are not recoverable. Social humiliation h. medical & hospital bills.Destruction of things. Wounded feelings g. b) UNREALIZED PROFITS . the defendant has done his best to lessen the plaintiff's loss or injury 2. Mental anguish d. Fright e. Serious anxiety Notes: Sentimental value of real or personal property may be considered in adjudicating moral damages The social and economic/financial standing of the offender and the offended party should be taken into consideration in the computation of moral damages . Quasi-contracts and quasi-delict a. 5.as a general rule. 6. Parties have forseen or could have reasonably forseen at time obligation was constituted 2. and b. fines or penalties. laborers & skilled workers i) actions for indemnity under workmen's compensation and employer liability laws j) separate civil action to recover civil liability arising from crime k) when double judicial costs are awarded Judicial costs interest . Moral shock f. plaintiff derived some benefit as result of contract c.(PBMF-MWSS) a.4.
Plaintiff has a right b. Moral damages is awarded only to enable the injured party to obtain means. 29. or abused l. The parents of the female seduced. Illegal search g. Spouse. NOMINAL DAMAGES . Art 2220 . Malicious prosecution i.more than nominal but less than compensatory where some pecuniary loss has been suffered but its amount can't be proved with certainty due to the nature of the case REQUISITES: a. by reason of defendant's culpable action and not intended to enrich a complainant at the expense of defendant IN WHAT CASES MAY MORAL DAMAGES BE RECOVERED (enumeration not exclusive): a. 28. Libel. slander or other form of defamation h. Acts and actions referred to in arts 21. EXEMPLARY OR CORRECTIVE DAMAGE . raped. partial or irregular performance 6.those agreed upon by the parties to a contract. temperate. Criminal offense resulting in physical injuries b. Acts mentioned in art 309 of the RPC relating to disrespect of the dead and interference with funeral j. LIQUIDATED DAMAGES . descendants. rape or other acts of lasciviousness d. 32. to be paid in case of breach thereof WHEN LIQUIDATED DAMAGES MAY BE EQUITABLY REDUCED: a. Some pecuniary loss b. abducted. TEMPERATE OR MODERATE DAMAGES . diversions or amusements that will serve to alleviate the moral suffering he has undergone. iniquitous or unconscionable b.in cases of willful injury to property or breaches of contract where defendant acted fraudulently or in bad faith 3. 26. Purpose is not to identify but vindicate or recognize right violated 4. Must be reasonable 5. abduction. 27. Quasi-delicts causing physical injuries c. Right of plaintiff is violated c. Seduction. may be vindicated or recognized. Adultery and concubinage e.adjudicated in order that a right of the plaintiff. liquidated to compensatory damages . which has been violated or invaded by the defendant. in addition to the moral.imposed by way example or correction for the public good. Illegal or arbitrary detention or arrest f. Loss is incapable of pecuniary estimation c. ascendants and brother and sisters for acts mentioned in art 309 m. and not for the purpose of indemnifying the plaintiff for any loss suffered by him ELEMENTS: a. 30. 34 and 35 k.
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