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FISHBOWL PROVISIONS 1. Article 2176 PLUS elements of a quasi-delict, as stated in Andamo v. Intermediate Appellate Court, G.R. No.

74761, November 6, 1990: Article 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. (a) damages suffered by the plaintiff; (b) fault or negligence of the defendant, or some other person for whose acts he must respond; and (c) the connection of cause and effect between the fault or negligence of the defendant and the damages incurred by the plaintiff. 2. Article 1173 PLUS test for determining negligence, as stated in Picart v. Smith, G.R. No. L-12219, March 15, 1918: Would a prudent man, in the position of the person to whom negligence is attributed, foresee harm to the person injured as a reasonable consequence of the course about to be pursued. If so, the law imposes a duty on the actor to refrain from that course or to take precaution against its mischievous results, and the failure to do so constitutes negligence. Reasonable foresight of harm, followed by the ignoring of the admonition born of this prevision, is the constitutive fact in negligence. Article 1173. The fault or negligence of the obligor consists in the omission of that diligence which is required by the nature of the obligation and corresponds with the circumstances of the persons, of the time and of the place. When negligence shows bad faith, the provisions of articles 1171 and 2201, paragraph 2, shall apply. If the law or contract does not state the diligence which is to be observed in the performance, that which is expected of a good father of a family shall be required. 3. Articles 2184 and 2185

Article 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 of reckless driving or violating traffic regulations at least twice within the next preceding two months. If the owner was not in the motor vehicle, the provisions of article 2180 are applicable. Article 2185. Unless there is proof to the contrary, it is presumed that a person driving a motor vehicle has been negligent if at the time of the mishap, he was violating any traffic regulation. 4. Article 2179 PLUS the following definition of proximate cause: Proximate cause is that cause which, in natural and continuous sequence, unbroken by any efficient intervening cause, produces the injury and without which the result would not have occurred. Article 2179. When the plaintiff's own negligence was the immediate and proximate cause of his injury, he cannot recover damages. But if his negligence was only contributory, the immediate and proximate cause of the injury being the defendant's lack of due care, the plaintiff may recover damages, but the courts shall mitigate the damages to be awarded. 5. Article 2179 PLUS the following definition of contributory negligence:

and 2193 Article 2183. which may be harmful to persons or property. Guardians are liable for damages caused by the minors or incapacitated persons who are under their authority and live in their company. Lastly. 6. drinks. 2187. The possessor of an animal or whoever may make use of the same is responsible for the damage which it may cause. The head of a family that lives in a building or a part thereof. are responsible for the damages caused by the minor children who live in their company. although no contractual relation exists between them and the consumers. 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. so long as they remain in their custody. The State is responsible in like manner when it acts through a special agent. contributing as a legal cause to the harm he has suffered. although it may escape or be lost. and the inflammation of explosive substances which have not been kept in a safe and adequate place. Manufacturers and processors of foodstuffs. Proprietors shall also be responsible for damages caused: (1) By the explosion of machinery which has not been taken care of with due diligence. Article 2187. 7. This responsibility shall cease only in case the damage should come from force majeure or from the fault of the person who has suffered damage. Article 2191. 2191. Article 2193. even though the former are not engaged in any business or industry. The father and. (2) By excessive smoke. in case of his death or incapacity. the mother. is responsible for damages caused by things thrown or falling from the same. Employers shall be liable for the damages caused by their employees and household helpers acting within the scope of their assigned tasks. . which falls below the standard which he is required to conform for his own protection. but also for those of persons for whom one is responsible. 8. but not when the damage has been caused by the official to whom the task done properly pertains. and 2192 Article 2190. The obligation imposed by article 2176 is demandable not only for one's own acts or omissions. teachers or heads of establishments of arts and trades shall be liable for damages caused by their pupils and students or apprentices. in which case what is provided in article 2176 shall be applicable. Articles 2190. The proprietor of a building or structure is responsible for the damages resulting from its total or partial collapse. toilet articles and similar goods shall be liable for death or injuries caused by any noxious or harmful substances used. Articles 2183. 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. if it should be due to the lack of necessary repairs. Article 2180 Article 2180.Contributory negligence is conduct on the part of the injured party.

shall indemnify the latter for the same. prevention and other relief: (1) Prying into the privacy of another's residence. Every person must. 1984 Article 29 PLUS the following pronouncement in Padilla v. within the period therein fixed. Thus. shall produce a cause of action for damages. Any third person who induces another to violate his contract shall be liable for damages to the other contracting party. Every person who through an act of performance by another. lowly station in life. physical defect. the civil liability is not extinguished by acquittal where the acquittal is based on reasonable doubt. (2) Meddling with or disturbing the private life or family relations of another. Article 20. in the exercise of his rights and in the performance of his duties. Every person shall respect the dignity. acquires or comes into possession of something at the expense of the latter without just or legal ground. Any person who wilfully causes loss or injury to another in manner that is contrary to morals. Even when an act or event causing damage to another's property was not due to the fault or negligence of the defendant. (3) Intriguing to cause another to be alienated from his friends. shall return the same to him. and observe honesty and good faith. or other personal condition. though they may not constitute a criminal offense. place of birth. Articles 22 and 23 Article 22. No. or any other means. G. the third person suffering damages may proceed only against the engineer or architect or contractor in accordance with said article. (4) Vexing or humiliating another on account of his religious beliefs. give everyone his due. sewers or deposits of infectious matter. Articles 26 and 1314 Article 26. the latter shall be liable for indemnity if through the act or event he was benefited. May 31. wilfully or negligently causes damage to another. L-39999. Article 1314. If damage referred to in the two preceding articles should be the result of any defect in the construction mentioned in article 1723.R. Articles 19. constructed without precautions suitable to the place. 11. (4) By emanations from tubes. 9. personality. where the court expressly declares that the liability of the accused is not criminal but only civil in . The following and similar acts. and 21 Article 19. Every person who. privacy and peace of mind of his neighbors and other persons. Article 21. canals.(3) By the falling of trees situated at or near highways or lanes. 10. The judgment of acquittal extinguishes the liability of the accused for damages only when it includes a declaration that the facts from which the civil might arise did not exist. if not caused by force majeure. 20. Court of Appeals. good customs or public policy shall compensate the latter for the damage. Article 2192. contrary to law. 12. Article 23. act with justice.

Articles 2201 and 2202 Article 2201. the obligor shall be responsible for all damages which may be reasonably attributed to the non-performance of the obligation. malice or wanton attitude. and. When the accused in a criminal prosecution is acquitted on the ground that his guilt has not been proved beyond reasonable doubt. Article 2206. and the indemnity shall be paid to the heirs of the latter. The amount of damages for death caused by a crime or quasi-delict shall be at least three thousand pesos. In cases of defamation. In the absence of any declaration to that effect. 15. bad faith. 14. (2) For injury to the plaintiff's business standing or commercial credit. 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. 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. such civil action may proceed independently of the criminal proceedings and regardless of the result of the latter. Article 33. the court shall so declare. such peace officer shall be primarily liable for damages. It is not necessary that such damages have been foreseen or could have reasonably been foreseen by the defendant. In addition: (1) The defendant shall be liable for the loss of the earning capacity of the deceased. fraud. . If in a criminal case the judgment of acquittal is based upon reasonable doubt. In crimes and quasi-delicts. and which the parties have foreseen or could have reasonably foreseen at the time the obligation was constituted. where the civil liability does not arise from or is not based upon the criminal act of which the accused was acquitted. even though there may have been mitigating circumstances. the court may require the plaintiff to file a bond to answer for damages in case the complaint should be found to be malicious. Damages may be recovered: (1) For loss or impairment of earning capacity in cases of temporary or permanent personal injury. In case of fraud. a civil action for damages for the same act or omission may be instituted. Articles 2205 and 2206 Article 2205. unless the deceased on account of permanent physical disability not caused by the defendant. 33. Article 2202. it may be inferred from the text of the decision whether or not the acquittal is due to that ground. The civil action herein recognized shall be independent of any criminal proceedings.nature. Such action requires only a preponderance of evidence. had no earning capacity at the time of his death. 13. entirely separate and distinct from the criminal action. such indemnity shall in every case be assessed and awarded by the court. Article 34. and physical injuries a civil action for damages. may be brought by the injured party. and shall require only a preponderance of evidence. and a preponderance of evidence shall suffice to support such action. When the civil action is based on an obligation not arising from the act or omission complained of as a felony. Article 29. Articles 31. and the city or municipality shall be subsidiarily responsible therefor. In contracts and quasi-contracts. and 34 Article 31. the defendant shall be liable for all damages which are the natural and probable consequences of the act or omission complained of. Upon motion of the defendant. Such civil action shall proceed independently of the criminal prosecution.

When at least double judicial costs are awarded. 17. 3. or in every case where any property right has been invaded. 8. In criminal cases of malicious prosecution against the plaintiff. just and demandable claim. In any other case where the court deems it just and equitable that attorney's fees and expenses of litigation should be recovered. A criminal offense resulting in physical injuries. the exact duration to be fixed by the court. Illegal search. the recipient who is not an heir called to the decedent's inheritance by the law of testate or intestate succession. 26. In actions for indemnity under workmen's compensation and employer's liability laws. In the absence of stipulation. Illegal or arbitrary detention or arrest. In a separate civil action to recover civil liability arising from a crime. legitimate and illegitimate descendants and ascendants of the deceased may demand moral damages for mental anguish by reason of the death of the deceased. 29. 5. 4. Moral damages may be recovered in the following and analogous cases: 1. 2. which has been violated or invaded by the defendant. Adultery or concubinage. 9. (3) The spouse. 5. When exemplary damages are awarded. 6. 10. Article 2222. 34. The court may award nominal damages in every obligation arising from any source enumerated in article 1157. 32. In actions for the recovery of wages of household helpers. 18. Article 2223. 7. 30. laborers and skilled workers. and not for the purpose of indemnifying the plaintiff for any loss suffered by him. may be vindicated or recognized. When the defendant's act or omission has compelled the plaintiff to litigate with third persons or to incur expenses to protect his interest. 2222. for a period not exceeding five years. 10. slander or any other form of defamation. Acts mentioned in article 309. 7. 9. 2. or their respective heirs and assigns. and 35. In actions for legal support. as between the parties to the suit. Nominal damages are adjudicated in order that a right of the plaintiff. 16. Acts and actions referred to in articles 21. Quasi-delicts causing physical injuries. . 4. cannot be recovered. may demand support from the person causing the death. rape. 28. 8. Article 2208 Article 2208. 11. 6. Where the defendant acted in gross and evident bad faith in refusing to satisfy the plaintiff's plainly valid. 3. Seduction. Libel. or other lascivious acts. abduction. attorney's fees and expenses of litigation. Article 2219 Article 2219. The adjudication of nominal damages shall preclude further contest upon the right involved and all accessory questions. In case of a clearly unfounded civil action or proceeding against the plaintiff.(2) If the deceased was obliged to give support according to the provisions of article 291. except: 1. 27. In all cases. and 2223 Article 2221. Articles 2221. the attorney's fees and expenses of litigation must be reasonable. Malicious prosecution. other than judicial costs.

temperate or compensatory damages were it not for the stipulation for liquidated damages. Temperate or moderate damages. or malevolent manner. that the defendant acted upon the advice of counsel. exemplary damages may be granted if the defendant acted with gross negligence. reckless. Articles 2234 and 2235 Article 2234. Temperate damages must be reasonable under the circumstances. exemplary damages as a part of the civil liability may be imposed when the crime was committed with one or more aggravating circumstances. Articles 2230. and 2232 Article 2230. In contracts and quasi-contracts. 21. (3) In cases where exemplary damages are to be awarded. temperate or compensatory damages before the court may consider the question of whether or not exemplary damages should be awarded. although no proof of loss is necessary in order that such liquidated damages may be recovered. be provided with certainty. (4) That the loss would have resulted in any event. from the nature of the case. Article 2235. Articles 2224 and 2225 Article 2224.19. Article 2232. fraudulent. which are more than nominal but less than compensatory damages. may be recovered when the court finds that some pecuniary loss has been suffered but its amount cannot. A stipulation whereby exemplary damages are renounced in advance shall be null and void. In criminal offenses. Such damages are separate and distinct from fines and shall be paid to the offended party. the court may award exemplary damages if the defendant acted in a wanton. 20. 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. 22. In quasi-delicts. as in the following instances: (1) That the plaintiff himself has contravened the terms of the contract. Articles 2203 and 2215 Article 2203. nevertheless. Article 2225. Article 2215. the plaintiff must show that he is entitled to moral. 2231. oppressive. the defendant has done his best to lessen the plaintiff's loss or injury. While the amount of the exemplary damages need not be proved. In contracts. (5) That since the filing of the action. before the court may consider the question of granting exemplary in addition to the liquidated damages. the court may equitably mitigate the damages under circumstances other than the case referred to in the preceding article. Article 2231. In case liquidated damages have been agreed upon. . the plaintiff must show that he would be entitled to moral. and quasi-delicts. quasi-contracts. (2) That the plaintiff has derived some benefit as a result of the contract.