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San Beda College of Law

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TORTS AND DAMAGES
I. TORTS TORT  An unlawful violation of private right, not created by contract, and which gives rise to an action for damages.  It is an act or omission producing an injury to another, without any previous existing lawful relation of which the said act or omission may be said to be a natural outgrowth or incident. NOTES:  An unborn child is NOT entitled to damages. ut the bereaved parents may be entitled to damages, on damages inflicted directly upon them. !Geluz vs. CA, 2 SCRA 802"  #efendants in tort cases can either be natural or artificial being. $orporations are civilly liable in the same manner as natural persons.  Any person who has been injured by reason of a tortious conduct can sue the tortfeasor.  The primary purpose of a tort action is to provide compensation to a person who was injured by the tortious conduct of the defendant.  %reventive remedy is available in some cases. Classes of Torts: Cul a Contractual A. Negligent Torts . Intentional Torts $. &trict 'iability
The foundation of the liability of the defendant is the contract In breach of contract committed through the negligence of employee, the employer cannot erase his primary and direct liability by invo3ing exercise of diligence of a good father of a family in the selection and supervision of the

NEGLIGENCE  The omission of that degree of diligence which is re(uired by the nature of the obligation and corresponding to the circumstances of persons, time and place. !Article 1173 Civil Code" Kinds of Negligence: 1. Culpa Contractual !contractual negligence"  )overned by $$ provisions on Obligations and $ontracts, particularly Arts. **+, to **+- of the $ivil $ode. 2. Culpa Aquiliana !quasi-delict"  )overned mainly by Art. .*+/ of the $ivil $ode 3. Culpa Criminal !cri inal negligence"  )overned by Art. 0/1 of the 2evised %enal $ode. NOTES:

 The 0 3inds of negligence furnish
separate, distinct, and independent bases of liability or causes of action.  A single act or omission may give rise to two or more causes of action.

Cul a A!uiliana
It is a separate source of obligation independent of contract In (uasi4delict the presumptive responsibility for the negligence of his servants can be rebutted by proof of the exercise of due care in their selection and supervision.

A. NEGLIGENT TORTS  Involve voluntary acts or omissions which result in injury to others without intending to cause the same or because the actor fails to exercise due care in performing such acts or omissions.

CIVIL LAW COMMITTEE
 CHAIRPERSON: Romuald Padilla  ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad  EDP: Alnai a Ha!!iman, Doro"#y $ayon  S%BJECT HEADS: C#ri!"o&#er Rey 'ara!i(an )Per!on! and *amily Rela"ion!+, Ale,andro Ca!a-ar)Pro&er"y+, 'a. R#odora *errer).ill! and Succe!!ion+, Ian Dominic Pua)O-li(a"ion! and Con"rac"!+, S#a Eli,a# Dumama)Sale! and /ea!e+, Jo#n S"e&#en 0uiam-ao)PAT+, C#ri!"o&#er Ca-i(ao)Credi" Tran!ac"ion!+, /i(aya Ali&ao)Tor"! and Dama(e!+, An"#ony Pur(anan)/TD+, 'a. Rica!ion Tu(adi )Con1lic"! o1 /a2+

San Beda College of Law
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MEMORY AID IN CIVIL LAW
 If not then he is guilty of negligence. .. $ould a prudent man, in the case under consideration, foresee harm as a result of the course pursued7  If so, it was the duty of the actor to ta3e precautions to guard against harm. NOTES:  Negligence is a conduct 4 the determination of the existence of negligence is concerned with what the defendant did or did not do  The state of mind of the actor is not important6 good faith or use of sound judgment is immaterial. The existence of negligence in a given case is not determined by reference to the personal judgment but by the behavior of the actor in the situation before him. !!icart vs. S it"#  Negligence is a conduct that creates an undue ris3 of harm to others.  The determination of negligence is a (uestion of foresight on the part of the actor 8 9O2:&:A I'IT;.  :ven if a particular injury was not foreseeable, the ris3 is still foreseeable if possibility of injury is foreseeable.  9orseeability involves the (uestion of %2O A I'IT;, that is, the existence of some real li3elihood of some damage and the li3elihood is of such appreciable weight reasonably to induce, action to avoid it.

employee.

Cul a A!uiliana
Only involves private concern The $ivil $ode by means of indem4 nification merely repairs the damage Includes all acts in which any 3ind of fault or negligence intervenes

Cri"e
Affect the interest public

The 2evised %enal $ode punishes or corrects criminal act

%unished only if there is a penal law clearly covering them

'iability is direct and primary in (uasi4 delict

'iability of the employer of the actor4employee is subsidiary in crimes

#$ASI%DELICT  5hoever by act or omission causes damage to another, there being fault or negligence is obliged to pay for the damage done. !Article .*+/ $ivil $ode"

Essential Re!uisites for a !uasi% delictual action: *. Act or omission constituting fault or negligence6 .. #amage caused by the said act or omission6 and 0. $ausal relation between the damage and the act or omission. Tests of Negligence *. #id the defendant in doing the alleged negligent act use the reasonable care and caution which an ordinarily prudent person would have used in the same situation7

Calculation of Ris&  Interests are to be balanced only in the sense that the purposes of the actor, the nature of his act and the harm that may result from action or inaction are elements to be considered. Circu"stances to consider in deter"ining negligence: '(EST%GA() *. Time .. %lace 0. :mergency  E"ergenc* rule G$%$RA& R'&$( An individual who suddenly finds himself in a situation

CIVIL LAW COMMITTEE
 CHAIRPERSON: Romuald Padilla  ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad  EDP: Alnai a Ha!!iman, Doro"#y $ayon  S%BJECT HEADS: C#ri!"o&#er Rey 'ara!i(an )Per!on! and *amily Rela"ion!+, Ale,andro Ca!a-ar)Pro&er"y+, 'a. R#odora *errer).ill! and Succe!!ion+, Ian Dominic Pua)O-li(a"ion! and Con"rac"!+, S#a Eli,a# Dumama)Sale! and /ea!e+, Jo#n S"e&#en 0uiam-ao)PAT+, C#ri!"o&#er Ca-i(ao)Credi" Tran!ac"ion!+, /i(aya Ali&ao)Tor"! and Dama(e!+, An"#ony Pur(anan)/TD+, 'a. Rica!ion Tu(adi )Con1lic"! o1 /a2+

San Beda College of Law
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of danger and is re(uired to act without much time to consider the best means that may be adopted to avoid the impending danger is not guilty of negligence if he fails to underta3e what subse(uently and upon reflection may appear to be a better solution. $)C$!*+,%( 5hen the emergency was brought by the individual<s own negligence. !-alenzuela vs. CA 2.3 SCRA 303". )ravity of =arm to be avoided Alternative $ourse of Action  If the alternative presented to the actor is too costly, the harm that may result may be still be considered unforeseeable to a reasonable man. &ocial value or utility of activity %erson exposed to the ris3 of his acts. !*a2lor vs. 3eralco, 14 !"il 8"  Applying the provisions of the 2evised %enal $ode, >udge &angco ta3es the view that a child who is ? or below is conclusively presumed to be incapable of negligence. In the other hand, if the child is above ? years but below *1, there is a disputable presumption of absence of negligence.  Absence of negligence does not necessarily mean absence of liability.  'iability without fault@ a child under ? years can still be subsidiarily liable with his property !Art. *,,, 2%$"  Absence of negligence of the child may not excuse the parents from their vicarious liability under Art. .*A, N$$ or Art. ..* 9$. 0. (/*sical Disa1ilit*  Bere wea3ness of a person will not be an excuse in negligence cases.  =owever if defect amounts to a real disability the standard of conduct is that of a reasonable person under li3e disability. 2. E3 erts and rofessionals  They should exhibit the care and s3ill of one who is ordinarily s3illed in the particular field that he is in.  5hen a person holds himself out as being competent to do things re(uiring professional s3ill, he will be held liable for negligence if he fails to exhibit the care and s3ill of one ordinarily s3illed in the particular wor3 which he attempts to do.  An expert will not be judged based on what a non4expert can foresee.  The rule regarding experts is applicable not only to professionals who have undergone formal education. 4. Nature of acti5it*  There are activities which by nature impose duties to exercise a higher degree of diligence. $5a 6les( a. 7an8s, by the very nature of their wor3, are expected to exercise the highest degree of diligence in the

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GOOD +AT,ER O+ A +AMIL- ' pater familias): 4 this is the standard of conduct used in the %hilippines 4 a man of ordinary intelligence and prudence or an ordinary reasonable prudent man a reasonable man deemed to have 3nowledge of the facts that a man should be expected to 3now based on ordinary human experience. /!%R vs +AC, 217 SCRA 001# 4 a prudent man who is expected to 3now the basic laws of nature and physics, e.g. gravity. SPECIAL RULES .. C/ildren  The action of the child will not necessarily be judged according to the standard of an adult. ut if the minor is mature enough to understand and appreciate the nature and conse(uence of his actions, he will be considered negligent if he fails to exercise due care and precaution in the commission of such acts. NOTES:  The law fixes no arbitrary age at which a minor can be said to have the necessary capacity to understand and appreciate the nature and conse(uence CIVIL LAW COMMITTEE

 CHAIRPERSON: Romuald Padilla  ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad  EDP: Alnai a Ha!!iman, Doro"#y $ayon  S%BJECT HEADS: C#ri!"o&#er Rey 'ara!i(an )Per!on! and *amily Rela"ion!+, Ale,andro Ca!a-ar)Pro&er"y+, 'a. R#odora *errer).ill! and Succe!!ion+, Ian Dominic Pua)O-li(a"ion! and Con"rac"!+, S#a Eli,a# Dumama)Sale! and /ea!e+, Jo#n S"e&#en 0uiam-ao)PAT+, C#ri!"o&#er Ca-i(ao)Credi" Tran!ac"ion!+, /i(aya Ali&ao)Tor"! and Dama(e!+, An"#ony Pur(anan)/TD+, 'a. Rica!ion Tu(adi )Con1lic"! o1 /a2+

&tatutes G$%$RA& R'&$( Diolation of a statutory duty is N:)'I):N$: %:2 &: !Ci6riano vs.1SCRA181".12111. $)C$!*+. Doro"#y $ayon  S%BJECT HEADS: C#ri!"o&#er Rey 'ara!i(an )Per!on! and *amily Rela"ion!+. #ean )uido $alabresi believes that there should be a uniform standard between a men and a women. !Cangco vs.San Beda College of Law 218 MEMORY AID IN CIVIL LAW selection and supervision of their employees. and should be considered. Ian Dominic Pua)O-li(a"ion! and Con"rac"!+. Joyce Vidad  EDP: Alnai a Ha!!iman. The fear that an insanity would lead to false claims of insanity and avoid liability.%S( a. Jo#n S"e&#en 0uiam-ao)PAT+. .ernandez . %rivate 2ules of $onduct. $)C$!*+. Rica!ion Tu(adi )Con1lic"! o1 /a2+ Ot/er +actors to Consider in Deter"ining Negligence: A. ut it may be one of the circumstances to be considered to prove negligence. 'a. Insanit*  The insanity of a person does not excuse him or his guardian from liability based on (uasi4delict. and condition of the passengers are circumstances necessarily affecting the safety of the passenger. C#ri!"o&#er Ca-i(ao)Credi" Tran!ac"ion!+. :IOLATION O+ R$LES AND STAT$TES *. the age. . 1118"  Although there is no une(uivocal statement of the rule.cto:er 10. the standard of care re(uired is no longer what a reasonably prudent man would do under the circumstances but what the 'egislature has commanded. 5hen the statute expressly provides that violation of a statutory duty merely establishes a presumption of negligence. sex.CHAIRPERSON: Vida Bocar. Co on carriers are re(uired to exercise extraordinary diligence in the vigilance over their passengers and transported goods. +nc. GR %o. employers" is merely a %O&&I ': :DI#:N$: O9 N:)'I):N$:.3SCRA303 appears to re(uire a different standard of care for women under the circumstances indicated therein. CA 300SCRA20" $)C$!*+. !Sanitar2 Stea &aundr2. R#odora *errer). 3anila Railroad Co. 8. Ale. it is presumed that a person driving a motor vehicle has been negligent if at the time of the mishap. CA 2. it should be borne by the one who occasioned it.g. (RACTICE AND C$STOM  $ompliance with the practice and custom in a community will not . b. S#a Eli. 'a. Into3ication G$%$RA& R'&$( Bere intoxication is not negligence. -alenzuela vs. b. 5hen the 'egislature has spo3en.%( Cnder Art. 218. /i(aya Ali&ao)Tor"! and Dama(e!+. . 243SCRA711". NOTE: Rule as to 6roo9 o9 6ro5i ate cause G$%$RA& R'&$( %laintiff must show that the violation of the statute is the proximate or legal cause of the injury or that it substantially contributed thereto. o9 t"e Civil Code.a# Dumama)Sale! and /ea!e+. proof of violation of statute and damage to the plaintiff may itself establish proximate cause.  7ases 9or "olding an insane 6erson lia:le 9or "is tort( a. To induce those interested in the estate of the insane person to restrain and control him. Administrative 2ule  Diolation of a rule promulgated by administrative agencies is not negligence per se but may be :DI#:N$: O9 N:)'I):N$:.. 7. nor does the mere fact of intoxication establish want of ordinary care. 5here one of two innocent persons must suffer a loss. !*eague vs.%( In cases where the damage to the plaintiff is the damage sought to be prevented by the statute. he was violating any traffic regulation.  =owever. In such cases. c.. 5hen unusual conditions occur and strict observance may defeat the purpose of the rule and may even lead to adverse results. 9o"en  In determining the (uestion of contributory negligence in performing such act. b. !Article 1733 Civil Code". CIVIL LAW COMMITTEE  CHAIRPERSON: Romuald Padilla  ASST.  Diolation of rules imposed by private individuals !e.andro Ca!a-ar)Pro&er"y+. 0. CA. An"#ony Pur(anan)/TD+. . 6.ill! and Succe!!ion+. vs.

Rica!ion Tu(adi )Con1lic"! o1 /a2+ . .F (ROO+ O+ NEGLIGENCE G$%$RA& R'&$@  If the plaintiff alleged in his complaint that he was damaged because of the negligent acts of the defendant. The instrumentality which caused the injury was under the exclusive control and management of the person charged with negligence6 and 0. A. 3$RA&C. In motor vehicle mishaps. Jo#n S"e&#en 0uiam-ao)PAT+. 14!"il8"  The (uantum of proof re(uired is 6re6onderance o9 evidence. COM(LIANCE 9IT. The accident was of a 3ind which ordinarily does not occur in the absence of someone<s negligence6 . Non4 compliance with the practice or custom in the community does not necessarily mean that the actor was negligent. G$%$RA& R'&$( %resumption of negligence of the common carrier arises in case of loss.  In <a ada vs. !Article 218. /i(aya Ali&ao)Tor"! and Dama(e!+. Ale. S#a Eli. 'a.. Civil Code" 4. %resumptions of Negligence B. and furnishes a substitute for specific proof of negligence. A. The injury suffered must not have been due to any voluntary action or contribution on the part of the  CHAIRPERSON: Romuald Padilla  ASST. Doro"#y $ayon  S%BJECT HEADS: C#ri!"o&#er Rey 'ara!i(an )Per!on! and *amily Rela"ion!+.%S( :xceptional cases when the rules or the law provides for cases when negligence is presumed.a# Dumama)Sale! and /ea!e+. !Article 2180 Civil Code" .. (resu" tions of Negligence *.. destruction or deterioration of the goods. Joyce Vidad  EDP: Alnai a Ha!!iman.andro Ca!a-ar)Pro&er"y+. $)C$!*+. G$%$RA& R'&$( %rima facie presumption of negligence of the defendant arises if death or injury results from his possession of dangerous weapons or substance. the owner of an automobile struc3 by a train while crossing the trac3s sought to establish absence of negligence of its driver by evidence of a custom of automobile drivers of Banila by which they habitually drove their cars over the railroad crossings without slac3ening speed. !Article 2180 Civil Code" 0.%( 5hen such possession or use is indispensable to his occupation or business. 3anila Railroad Co. Res I sa Lo!uitur  E*"e t"ing or transaction s6ea8s 9or itsel9. or in case of death or injury of passengers. 'a. !Rule 133 Revised Rules o9 Court" $)C$!*+. the plaintiff has the bur en of pro!in" such ne"li"ence. !Article 2188 Civil Code" 5. Gross Negligence 4 Negligence where there is Ewant of even slight care and diligence. It is disputably presumed that a driver was negligent if he had been found guilty of rec3less driving or violating traffic regulations at least twice for the next preceding two months. !*a2lor vs.  $5a 6le( A defendant can still be held liable for negligence even if he can establish that he was driving below the speed limit. 2es Ipsa 'o(uitur diligence to prevent the misfortune. The &$ rejected the argument by ruling that@ a practice which is dangerous to human life cannot ripen into custom which will protect anyone who follows it. $)C$!*+. STAT$TES  $ompliance with a statute is not conclusive that there was no negligence.F  It is a rule of evidence peculiar to the law of negligence which recogniGes that prima facie negligence may be established in the absence of direct proof. the owner is presumed negligent if he was in the vehicle and he could have used due CIVIL LAW COMMITTEE Re!uisites of Res I sa Lo!uitor: *. The driver of a motor vehicle is presumed negligent if at the time of the mishap.San Beda College of Law 219 MEMORY AID IN CIVIL LAW automatically result in a finding that the actor is not guilty of negligence. C#ri!"o&#er Ca-i(ao)Credi" Tran!ac"ion!+. he was violating any traffic regulation. $ompliance with the speed limit is not conclusive that he was not negligently driving his car. R#odora *errer). An"#ony Pur(anan)/TD+.CHAIRPERSON: Vida Bocar.ill! and Succe!!ion+.. C.%( Cpon proof of exercise of extraordinary diligence. Ian Dominic Pua)O-li(a"ion! and Con"rac"!+.

The gasoline station. RA 0134 ?&and *rans6ortation and tra99ic Code@# 0.=.%S( A limited duty to rescue is imposed in certain cases@ CIVIL LAW COMMITTEE  CHAIRPERSON: Romuald Padilla  ASST. C#ri!"o&#er Ca-i(ao)Credi" Tran!ac"ion!+.# +nc. Jo#n S"e&#en 0uiam-ao)PAT+. !Bidalgo $nter6rises vs. R!C"6 and No driver of a motor vehicle concerned in a vehicular accident shall leave the scene of the accident without aiding the victim unless he is excused from doing so. Ian Dominic Pua)O-li(a"ion! and Con"rac"!+. was under the control of the defendant. $)C$!*+. et al vs. e(uipment and employees.  The ris3 of rescue. /Section . under certain circumstances as a crime against security !Article 27. NOTE: A swimming pool or pond or reservoir of water is NOT considered attractive nuisance.a# Dumama)Sale! and /ea!e+. Joyce Vidad  EDP: Alnai a Ha!!iman.ill! and Succe!!ion+. R#odora *errer). 3ar 31. even if the child is technically a trespasser in the premises. 'a.. Disitors and tolerated possession  The owner is still liable if the plaintiff is inside his property by tolerance or by implied permission.  There is liability to the rescuer and the law does not discriminate between the rescuer oblivious to the peril and the one who counts the costs. >illia -an 7us8ir8" A++IRMATI:E D$TIES AND MISCELLANEO$S ACTI:ITIES: . of Abandonment of persons in danger and abandonment of one<s own victim is considered. The persons who 3new how the fire started were the defendant and its employees.  Owners of buildings or premises owe duty of care to visitors..%S( a. with all its appliances. S#a Eli. #octrine of Attractive Nuisance  One who maintains on his premises dangerous instrumentalities or appliances of a character li3ely to attract children in play. Calte5 /!"il. defendant $altex was liable for damage done to the property of its neighbors when fire bro3e out in a $altex service station. O<ners= (ro rietors and (ossessors of (ro ert* G$%$RA& R'&$( The owner has no duty to ta3e reasonable care towards a trespasser for his protection or even to protect him from concealed danger. and who fails to exercise ordinary care to prevent children from playing therewith or resorting thereto. is liable to a child of tender years who is injured thereby.  The doctrine is not applicable if there is direct proof of absence or presence of negligence. Rica!ion Tu(adi )Con1lic"! o1 /a2+ . !S. =e leon CA-GR %o. 'a. b. !Santiago vs. 3artinez.CHAIRPERSON: Vida Bocar. 1140"  #anger of personal injury or death. is born of the occasion. Ale. An"#ony Pur(anan)/TD+. /i(aya Ali&ao)Tor"! and Dama(e!+. 1144. Doro"#y $ayon  S%BJECT HEADS: C#ri!"o&#er Rey 'ara!i(an )Per!on! and *amily Rela"ion!+. 7aladan 11 !"il 088" .andro Ca!a-ar)Pro&er"y+.14180-R 3arc" 21. #uty to rescue G$%$RA& R'&$( There is no general duty to rescue6 a person is not liable for (uasi4delict even if he did not help a person in distress.  One who was hurt trying to rescue another who was injured through negligence may recover damages. NOTE: #amage to any person resulting from the exercise of any rights of ownership is damage without injury /=a nu a:sque inAuria#  In A9rica vs. but they gave no explanation whatsoever. $)C$!*+.San Beda College of Law 220 MEMORY AID IN CIVIL LAW person injured6 absence explanation by the defendant. if only not wanton. #uty to the rescuer  The defendants are liable for the injuries to persons who rescue people in distress because of the acts or omissions of the said defendants. Dut* to Rescue A.

. An"#ony Pur(anan)/TD+. Ian Dominic Pua)O-li(a"ion! and Con"rac"!+.  The case against the common carrier is for the enforcement of an obligation arising from breach of contract. &ia:ilit2 o9 !ro6rietors o9 :uildings  New $ivil $ode include provisions that apply to proprietors of a building or structure which involve affirmative duty of due care in maintaining the same@ Articles . &TAN#A2# O9 $A2:  The proper standard is whether.  Third persons who suffered damages may proceed only against the engineer or architect or contractor if the damage referred to in Articles . Rica!ion Tu(adi )Con1lic"! o1 /a2+  provisions of the 'abor $ode which imposes upon the employer certain duties with respect to the proper maintenance of the wor3 place or the provisions of ade(uate facilities to ensure the safety of the employees.*+/ for damages resulting from proprietor<s failure to exercise due care in the maintenance of his building and that he used his property in such a way that he injured the property of another. Se6t. Joyce Vidad  EDP: Alnai a Ha!!iman.  In (uasi4delictual actions against the employer. of the $ivil $ode impose liability without fault on the part of the employers. Co""on carriers  9rom the nature of their business and for reasons of public policy. R#odora *errer).  In both the $ivil $ode and the 2%$.andro Ca!a-ar)Pro&er"y+.rance vs Carrascoso. . compared to the damage arising to the owner from the interference. the employee may be held liable. always having in mind the fiduciary nature of their relationship.an&s  The business of ban3s is one affected by public interest. Jo#n S"e&#en 0uiam-ao)PAT+. 4. S#a Eli.*?. C#ri!"o&#er Ca-i(ao)Credi" Tran!ac"ion!+. and . has exercised the degree of care and s3ill of the average (ualified practitioner. indemnity for the damages. Articles *+** and *+*. . the owner may demand from the person benefited. actions for damages can still be maintained under Article .  The same act which breached the contract may give rise to an action based on (uasi delict. . &tate of Necessity  The owner of a thing has no right to prohibit the interference of another with the same if the interference is necessary to avert imminent danger and the threatened damage. !!7C vs.San Beda College of Law 221 MEMORY AID IN CIVIL LAW c. the physician if a general 6ractitioner. E" lo*ers and E" lo*ees A. 1114# 7.a# Dumama)Sale! and /ea!e+. 2. a ban3 is under obligation to treat the accounts of its depositors with "eticulous care. 28. Ale. is much greater. ta3ing into account the advances in the profession. ecause of the nature of its functions.  Nevertheless. 'a. !Article 031 Civil Code". /Air . Doctors A.*?*. Doro"#y $ayon  S%BJECT HEADS: C#ri!"o&#er Rey 'ara!i(an )Per!on! and *amily Rela"ion!+. 'a.CHAIRPERSON: Vida Bocar. /i(aya Ali&ao)Tor"! and Dama(e!+.  =ence the exercise of the right of the owner may give rise to an action based on (uasi4delict if the owner negligently exercises such right to the prejudice of another. CA ?1117@" 6. !Article 032 Civil Code"  It is also a recogniGed justifying circumstance under the 2%$. &21038.*?. $se of ro erties t/at in>ures anot/er  An owner cannot use his property in such a manner as to injure the rights of others. and . the employee may use the CIVIL LAW COMMITTEE  CHAIRPERSON: Romuald Padilla  ASST.ill! and Succe!!ion+.*?*should be a result of any defect in construction. they are bound to exercise extraordinary diligence in the vigilance over the goods and the safety of the passengers. E" lo*ees  :mployees are bound to exercise due care in the performance of their functions for the employers6 absence such due care.  A physician who holds himself out as a s6ecialist should be held to the standard of care and s3ill of the average member of the profession practicing the specialty. ta3ing into account the advances in the profession. E" lo*ers  Actions for (uasi4delict can still be maintained even if employee<s compensation is provided for under the 'abor $ode.

!-alenzuela vs. ! Ra os vs. A6ril 11. 'a. Doro"#y $ayon  S%BJECT HEADS: C#ri!"o&#er Rey 'ara!i(an )Per!on! and *amily Rela"ion!+. $omplete 8 completely recovery . of the $ivil $ode.. while the second concerns the provision by the hospital of facilities and services by its staff such as nurses and laboratory personnel necessary for the proper treatment of the patient. the immediate and proximate cause of the injury being the defendant<s lac3 of due care.3SCRA303"  If the plaintiffs negligence was only contributory.a# Dumama)Sale! and /ea!e+.  Bedical malpractice can also be established by relying on the doctrine of res i6sa loquitor6 in which case the need of expert testimony is dispensed with because the injury itself provides the proof of negligence. Rica!ion Tu(adi )Con1lic"! o1 /a2+ . %artial 8 mitigates liability bars . Ian Dominic Pua)O-li(a"ion! and Con"rac"!+. having reference to the business he underta3es to do. CA.  It enunciates the liability of the surgeon not only for the wrongful acts of those under his physical control but also those wherein he has extension of control.CHAIRPERSON: Vida Bocar. CA 2. :vidence as to the recogniGed standards of the medical community in the particular 3ind of case6 and b. /i(aya Ali&ao)Tor"! and Dama(e!+.NEGLIGENCE a. CA GR %o 1203. !Ra os vs.ill! and Succe!!ion+. Joyce Vidad  EDP: Alnai a Ha!!iman. A showing that the physician departed from this standard in his treatment. breach. injury and proximate causation :. C#ri!"o&#er Ca-i(ao)Credi" Tran!ac"ion!+. he cannot recover damages. La<*ers  An attorney is not bound to exercise extraordinary diligence but only a reasonable degree of care and s3ill.*A. T=: $A%TAIN O9 T=: &=I% #O$T2IN:  The head surgeon is made liable for everything that goes wrong within the four corners of the operating room.$TOR. 2002" 8. Jo#n S"e&#en 0uiam-ao)PAT+. S#a Eli.0. GR %o.andro Ca!a-ar)Pro&er"y+.1203.0. R#odora *errer). O9 =O&%ITA'& AN# $ON&C'TANT&  There is no employer4employee relationship between the hospital and a physician admitted in the said hospital<s medical staff as an active or visiting consultant which would hold the hospital liable solidarily liable for the injury suffered by a patient under Article . 2002"  The contract between the consultant an the patient is separate and distinct the contract between the hospital an the patient. #.San Beda College of Law 222 MEMORY AID IN CIVIL LAW . A6ril 11. !Article 2171 Civil Code" b.  #$o pron"e e!i ence% a. $. %2OO9  $56ert testi on2 should be offered to prove that the circumstances are constitutive of conduct falling below the standard of care employed by other physicians in good standing when performing the same operation. =ece :er 21. NOT 5A22ANTO2&  %hysicians are not warrantors of cures or insurers against personal injuries or death of the patient. (LAINTI++S COND$CT AND CONTRI.  &our elements in me ical ne"li"ence cases: duty.  Doctrine of Co" arati5e Negligence CIVIL LAW COMMITTEE  CHAIRPERSON: Romuald Padilla  ASST. the plaintiff may recover damages but the courts shall mitigate the damages to be awarded !Article 2171 Civil Code". Ale. An"#ony Pur(anan)/TD+. 'IA I'IT. CA GR %o 1203. The 9irst has for its object the rendition of medical services by the consultant to the patient. DE+ENSES IN NEGLIGENCE CASES Kinds of defenses: A.0. 'a. !Ra os vs. Plaintiffs o$n ne"li"ence as the pro'imate cause  5hen the plaintiffs own negligence was the immediate and proximate cause of his injury. 1111"  :xample@ The doctrine was applied in a case of removal of the wrong part of the body when another part was intended. Contributor( ne"li"ence  $onduct on the part of the injured party contributing as a legal cause to the harm he has suffered which falls below the standard to which he is re(uired to conform for his own protection.

San Beda College of Law 223 MEMORY AID IN CIVIL LAW  The relative degree of negligence of the parties is considered in determining whether and to what degree. C#ri!"o&#er Ca-i(ao)Credi" Tran!ac"ion!+. 2.$TORNEGLIGENCE  Negligence is imputed if the actor is different from the person who is being made liable. 'a. Rica!ion Tu(adi )Con1lic"! o1 /a2+ d.R vs. The whole occurrence is humaniGed and removed from the rules applicable to acts of )od. /i(aya Ali&ao)Tor"! and Dama(e!+. Joyce Vidad  EDP: Alnai a Ha!!iman. CA ?1113@" G$%$RA& R'&$( It is a complete defense and a person is not liable if the cause of the damage is a fortuitous event. ASS$M(TION O+ RISK  )olenti non fit in*uria@ One is not legally injured if he has consented to the act complained of or was willing that it should occur. The cause of the unforeseen and unexpected occurrence. The plaintiff must 3now that the ris3 is present6 b. 0. must be independent of the human will6 b. Elements( a. It must be impossible to foresee the event which constitutes the Ecaso fortuito. it must be impossible to avoid6 c.C. =is choice to incur it is free and voluntary. The occurrence must be such as to render it impossible for the debtor to fulfill his obligation in a normal manner6 and CIVIL LAW COMMITTEE  CHAIRPERSON: Romuald Padilla  ASST.ill! and Succe!!ion+. S#a Eli. $)C$!*+.-S% a. An"#ony Pur(anan)/TD+.a# Dumama)Sale! and /ea!e+. NOTE: A person cannot contract away his right to recover damages resulting from ./0# Civil Code".  It is applicable if the negligence was on the part of the person for whom the plaintiff is responsible.  The court is free to determine the extent of the mitigation of the defendant<s liability depending upon the circumstances. =e must further understand its nature6 and that c.andro Ca!a-ar)Pro&er"y+.CHAIRPERSON: Vida Bocar. Doro"#y $ayon  S%BJECT HEADS: C#ri!"o&#er Rey 'ara!i(an )Per!on! and *amily Rela"ion!+. IM($TED CONTRI. in advance has expressly waived his right to recover damages for the negligent act of the defendant.  The defendant will be subject to mitigated liability even if the plaintiff was not himself personally negligent but because the negligence of another is imputed to the plaintiff. 'a. Jo#n S"e&#en 0uiam-ao)PAT+.%( It is merely a partial defense and the courts may mitigate the damages if the loss would have resulted in any event ! Art. Ale. NOTE: 5hen an act of )od concurs with the negligence of defendant to produce an injury. and especially. 221. +ORT$ITO$S E:ENTS  Essential requisites% a. E3 ress <ai5er of t/e rig/t to reco5er  There is assumption of ris3 if the plaintiff. !%A!. by negligence of an associate in the transaction where he was injured.  +I. The obligor must be free from any participation in the aggravation of the injury resulting to the creditor.  This is the doctrine being applied in our jurisdiction wherein the contributory negligence of the plaintiff does not completely bar recovery but merely results in mitigation of liability6 it is a partial defense.F or if it can be foreseen. Ian Dominic Pua)O-li(a"ion! and Con"rac"!+. either should be responsible for his negligence !a66ortion ent o9 da ages#.   It is a complete defense. or of the failure of the debtor to comply with his obligation. R#odora *errer). 4. the defendant is liable if the injury would not have resulted but for his own negligent conduct or omission.

=angerous Activities  %ersons who voluntarily participate in dangerous activities assume the ris3s which are usually present in such activities. y entering into a relationship freely and voluntarily where the negligence of the defendant is obvious.488. O+ T. C#ri!"o&#er Ca-i(ao)Credi" Tran!ac"ion!+. /i(aya Ali&ao)Tor"! and Dama(e!+. iii.  :HAB%':@ If the plaintiff has been supplied with a product which he 3nows to be unsafe. Doro"#y $ayon  S%BJECT HEADS: C#ri!"o&#er Rey 'ara!i(an )Per!on! and *amily Rela"ion!+. CA. =e9endantCs negligence  5hen the plaintiff is aware of the ris3 created by the defendant<s negligence. he ta3es the ris3s CIVIL LAW COMMITTEE  CHAIRPERSON: Romuald Padilla  ASST.andro Ca!a-ar)Pro&er"y+.  An action survives even if the defendant dies during the pendency of the case if the case is an action to recover for an injury to persons or property by reason of tort committed by the deceased. the waiver contemplated by this prohibition is the waiver of the right to recover :e9ore the negligent act was committed.San Beda College of Law 224 MEMORY AID IN CIVIL LAW negligence. 1. If waiver was made a9ter the cause of action accrued. =angerous Conditions  A person who. R#odora *errer). yet he voluntarily decided to proceed to encounter it. It is no defense at all. 'a. !Article 1104 Civil Code" Relations . 4 As to abnormal ris3s. DEAT.ill! and Succe!!ion+. !Rodrigueza vs. An"#ony Pur(anan)/TD+. iv. Joyce Vidad  EDP: Alnai a Ha!!iman. there must be cogent and convincing evidence of consent.  :HAB%':@ A professional athlete is deemed to assume the ris3s of injury to their trade. 3nowing that he is exposed to a dangerous condition voluntarily assumes the ris3 of such dangerous condition may not recover from the defendant who maintained such dangerous conditions. (RESCRI(TION  An action based on (uasi4delict prescribes in four years from the date of the accident. 'a. I" lied Assu" tions i. Rica!ion Tu(adi )Con1lic"! o1 /a2+ . =owever. Jo#n S"e&#en 0uiam-ao)PAT+. the plaintiff may be found to accept and consent to it. the waiver is valid and may be construed as a condonation of the obligation. %ov. GR %o.E DE+ENDANT  #eath of the defendant does not extinguish the obligation based on (uasi4 delict.a# Dumama)Sale! and /ea!e+.CHAIRPERSON: Vida Bocar. 1. 11. there is an implied admission. Ian Dominic Pua)O-li(a"ion! and Con"rac"!+. 1121". Contractual Relations  There may be implied assumption of ris3 if the plaintiff entered into a contractual relation with the defendant. &uch waiver is contrary to public policy and cannot be allowed. !Allied 7an8ing Cor6 vs. b" 5hen a passenger boards a common carrier.ac& Doctrine  An act done at one time is considered by fiction of law to have been done at some antecedent period. S#a Eli. 1181"  :HAB%':@ A doctor negligently transfused blood to a patient that a" The employees assume the ordinary ris3s inherent in the industry in which he is employed. 7. incidental to the mode of travel he has ta3en. Ale.  :HAB%':&@ 6. ii. he is deemed to have assumed the ris3 of using such unsafe product.  :xample@ A person who main4 tained his house near a railroad trac3 assumes the usual dangers attendant to the opera4tion of a locomotive.. 3anila Railroad Co.

An"#ony Pur(anan)/TD+. R#odora *errer). IN:OL$NTARINESS  It is a complete defense in (uasi4 delict cases and the defendant is therefore not liable if force was exerted on him. and it is impossible to determine what proportion each contributed to the injury. Joyce Vidad  EDP: Alnai a Ha!!iman. =e was. Calte5"  5here several causes producing the injury are concurrent and each is an efficient cause without which the injury would not have happened.CHAIRPERSON: Vida Bocar. 8. Doro"#y $ayon  S%BJECT HEADS: C#ri!"o&#er Rey 'ara!i(an )Per!on! and *amily Rela"ion!+. the four !-" year prescriptive period should commence only when it was discovered. Ale.San Beda College of Law 225 MEMORY AID IN CIVIL LAW was contaminated with =ID. The defendant cannot be held liable. !!olic2 test" CA$SE%IN%+ACT TESTS: 1. the injury may be attributed to all or any of the causes and recovery may be had against any or all of the responsible persons.a# Dumama)Sale! and /ea!e+.  %roximate cause is not necessarily the nearest cause but that which is the procuring efficient and predominant cause. even though his act alone might not have caused the entire injury6 they become joint tort4feasors and are solidarily liable for the resulting damage under Article .ut/&or #est  The defendant<s conduct is the cause4in4fact if damage would not have resulted had there been no negligence . it is first necessary to determine if the defendant<s negligence was the cause4in4fact of the damage to the plaintiff. although acting independently. $ause4in4fact Test . S#a Eli.andro Ca!a-ar)Pro&er"y+. at pain of death. Ian Dominic Pua)O-li(a"ion! and Con"rac"!+. If the effect became apparent only after five !1" years. forced to drive at a very fast clip because the armed men were escaping from the policemen. 'a. without which the result would not have occurred. !A9rica vs. produces the injury. . unbro3en by any efficient intervening cause. !Aquino. *orts and =a ages"  :HAB%':@ 5hen the defendant was forced to drive his vehicle by armed men. the in(uiry shifts to the (uestion of limit of the defendant<s liability.  5here the concurrent or successive negligent acts or omissions of two or more persons.*?. operate to bring about harm to another. Re"ote Cause  That cause which some independent force merely too3 advantage of to accomplish something not the natural effect thereof. are in combination the direct and proximate cause of a single injury to a third person.ill! and Succe!!ion+. if a bystander is hit as a conse(uence. !Cause-in-9act test"  If the defendant<s negligence was not the cause4in4fact. %olicy Test NOTE: In determining the proximate cause of the injury. Tests of (ro3i"ate Cause  *Do-6art test *. either of them is responsible for the whole injury. Nearest Cause  That cause which is the last lin3 in the chain of events6 the nearest in point of time or relation. tortious or criminal act is also a substantial factor in bringing about the harm so long as the actor<s negligent conduct actively and continuously CIVIL LAW COMMITTEE  CHAIRPERSON: Romuald Padilla  ASST. C#ri!"o&#er Ca-i(ao)Credi" Tran!ac"ion!+. /i(aya Ali&ao)Tor"! and Dama(e!+. Rica!ion Tu(adi )Con1lic"! o1 /a2+ NOTE: %rimary cause remains the proximate cause even if there is an intervening cause which merely cooperated with the primary cause and which did not brea3 the chain of causation. the in(uiry stops.  If it is. CA$SATION (ro3i"ate Cause  That cause which in natural and continuous se(uence. Jo#n S"e&#en 0uiam-ao)PAT+. 'a.of the $ivil $ode.. Concurrent Causes  The actor is liable even if the active and substantially simultaneous operation of the effects of a third person<s innocent.

An"#ony Pur(anan)/TD+.  0ultiple causation  If there are a number of candidate conditions. b. +ORESIG. Doro"#y $ayon  S%BJECT HEADS: C#ri!"o&#er Rey 'ara!i(an )Per!on! and *amily Rela"ion!+.TESTS  The defendant is not liable for the unforeseeable conse(uences of his acts  'iability is limited within the ris3 created by defendants< negligent acts. the causes set in motion by the defendant must continue until the moment of the damage or at least down the setting in motion of the final active injurious force which immediately produced or preceded the damage. Tests a lied in t/e (/ili ines:  New $ivil $ode has a chapter on #amages which specifies the 3ind of damage for which the defendant may be held liable and the extent of damage to be awarded to the plaintiff. Orbit of 2is3 Test /.a# Dumama)Sale! and /ea!e+. CIVIL LAW COMMITTEE  CHAIRPERSON: Romuald Padilla  ASST. N:&& test  (olic* test@ The directness approach is being applied in this jurisdiction..andro Ca!a-ar)Pro&er"y+. Joyce Vidad  EDP: Alnai a Ha!!iman. 9oreseeability Test .. defendant<s negligent conduct is not the cause in fact of the plaintiff<s damage if the accident could not have been avoided in the absence thereof. . $onversely. ta3en one at a time. 'a. Natural and %robable $onse(uence Test 0. C#ri!"o&#er Ca-i(ao)Credi" Tran!ac"ion!+.  In order to be a substantial factor in producing the harm. 0. Jo#n S"e&#en 0uiam-ao)PAT+. Pre/empti!e causation  5hen. Natural and Ordinary or #irect $onse(uence Test -. would not in fact have been sufficient to cause the accident and the accident was a cumulative effect of all the candidate conditions.CHAIRPERSON: Vida Bocar. Rica!ion Tu(adi )Con1lic"! o1 /a2+ . T<o <a*s 1* </ic/ co% resence "a* "anifest itself: a.ill! and Succe!!ion+. one causal set tru 6s another potential set lur3ing in the bac3ground6 the causal potency of the latter is frustrated. Cause and Conditions  It is no longer practicable to distinguish between cause and condition. /i(aya Ali&ao)Tor"! and Dama(e!+.T (ERS(ECTI:E? +ORESEEA.. NOTE: The definition of proximate cause which includes the element of foresight is not consistent with the express provision of the Article . =indsight Test 1. Substantial &actor test  The conduct is the cause4in4fact of the damage if it was a su:stantial 9actor in producing the injuries...San Beda College of Law 226 MEMORY AID IN CIVIL LAW on the part of the defendant. ut4for test .. 3. R#odora *errer). &ubstantial 9actor Test (olic* Tests "a* 1e di5ided into T<o Grou s: .ILIT. which. NOTE: If the defendant<s conduct was already determined to be the cause in fact of the plaintiff<s damage under the :ut 9or test. 'a. Ian Dominic Pua)O-li(a"ion! and Con"rac"!+.ESS #est  The candidate condition may still be termed as a cause where it is shown to be a necessary element in just one of several co-6resent causal set each independently sufficient for the effect. DIRECT (ERSE(ECTI:E? DIRECT COSE#$ENCES TESTS  The defendant is liable for damages which are beyond the ris3. (olic* Tests: *. S#a Eli. which come into active operation later. 2. of the New $ivil $ode6 a person may be held liable whether the damage to the plaintiff may be unforeseen. &ubstantial 9actor test 0. Ale.  Cause%in%fact Tests: *. though coming about first in time. -uplicati!e causation  5hen two or more sets operate simultaneously to produce the effect6 the effect is over4 determined.  #irect conse(uences are those which follow in se(uence from the effect of defendants act upon conditions existing and forces already in operation at the time without intervention of any external forces. it is necessarily the cause in fact of the damage under the su:stantial 9actor test.

.  Negligence of the plaintiff cooperated with the negligence of the defendant in order to bring about the injury6 determination of proximate cause is only a matter of degree of participation. $reated another force which remained active until it directly caused the result. !Aquino. CIVIL LAW COMMITTEE  CHAIRPERSON: Romuald Padilla  ASST. $reated a new active ris3 of being acted upon by the active force that caused the result.  %laintiff<s negligence is not merely contributory because it is a concurring proximate cause. Joyce Vidad  EDP: Alnai a Ha!!iman.ill! and Succe!!ion+. An"#ony Pur(anan)/TD+. ..$TOR.  9oreseeable intervening causes cannot be considered sufficient intervening causes.  There is NO efficient intervening cause if the force created by the negligent act or omission have either@ *. 'a. S#a Eli. if plaintiff<s negligence increased or aggravated the resulting damage or injury liability of the defendant should also be mitigated under contri:utor2 negligence rule or under the doctrine o9 avoida:le consequences... Ale. 0. Jo#n S"e&#en 0uiam-ao)PAT+. Defendant@s Negligence is t/e Onl* cause  #efendant<s negligence was su99icient AN# necessar2 to bring about the injury.  :HAB%':& of =angerous Conditions( *. 2emained active itself. show that the infection of the wound by tetanus was an efficient intervening cause later or between the time >avier was wounded to the time of his death. Those where a person places a thing which is not dangerous in itself in a dangerous position. /i(aya Ali&ao)Tor"! and Dama(e!+. if the conditions resulted in harm to either person or property. Co" ound Causes  %laintiff<s negligence may have duplicative effect. D. #efendant<s negligence is not a part of the causal set which is a part of the causal chain. .a# Dumama)Sale! and /ea!e+. 'a. %laintiff<s negligence was pre4 emptive in nature. or .San Beda College of Law 227 MEMORY AID IN CIVIL LAW  The defendant may be liable even if only created conditions. C#ri!"o&#er Ca-i(ao)Credi" Tran!ac"ion!+. Only the plaintiff was negligent. (laintiff@s negligence is t/e cause  %laintiff<s negligence is not contributory if it is necessary and sufficient to produce the result. or 0. Those that are inherently dangerous . CONTRI. R#odora *errer).  The intervention of unforeseen and unexpected cause is not sufficient to relieve the wrongdoer from conse(uences of negligence if such negligence directly and proximately cooperates with the independent cause in the resulting injury. Efficient Inter5ening Cause  One which destroys the causal connection between the negligent act and the injury and thereby negatives liability. :HAB%':@ The medical findings. Rica!ion Tu(adi )Con1lic"! o1 /a2+ .  =owever.  :HAB%':&( *. Rellin 77 !"il 1038" NOTES:  A cause is not an intervening cause if it was already in operation at the time the negligent act is committed. it is sufficient to bring about the effect but his negligence occurs simultaneously with the defendant6 the latter<s negligence is e(ually su99icient but not necessar2 to bring about the effect because damage would still have resulted due to the negligence of the plaintiff.CHAIRPERSON: Vida Bocar. 0. !!eo6le vs.andro Ca!a-ar)Pro&er"y+. (art of t/e sa"e causal set  Neither plaintiff<s negligence nor defendant<s negligence alone is sufficient to cause the injury6 the effect would result only if both are present together with normal bac3ground conditions. Doro"#y $ayon  S%BJECT HEADS: C#ri!"o&#er Rey 'ara!i(an )Per!on! and *amily Rela"ion!+. that it.NEGLIGENCE A.  No recovery can be had. Those involving products and other things which are dangerous because they are defective. Ian Dominic Pua)O-li(a"ion! and Con"rac"!+. *orts and =a ages" C.

If defendant<s negligence is a concurrent cause and which was still in operation up to the time the injury was inflicted. Jo#n S"e&#en 0uiam-ao)PAT+.ill! and Succe!!ion+. the doctrine of last clear chance is no longer applicable if the force created by the plaintiff<s negligence continues until the happening of the injurious event. If the laintiff was not negligent. S#a Eli. Rica!ion Tu(adi )Con1lic"! o1 /a2+ be avoided by the application of all the means at hand after the peril is or should have been discovered.. 2. !-alenzuela vs. 5here the plaintiff. Although this chapter covers negligent acts.  :ven if plaintiff was guilty of antecedent negligence.CHAIRPERSON: Vida Bocar. The party charged is re(uired to act instantaneously. a passenger. the torts mentioned herein are mostly intentional in nature or torts involving malice or bad faith.. . C#ri!"o&#er Ca-i(ao)Credi" Tran!ac"ion!+. An"#ony Pur(anan)/TD+. 0. 1.. of the %reliminary Title of the N$$ entitled E=uman 2elationsF. (rinci le 'ART. T/ird :ie<  There can be no conflict between the doctrine of last clear chance and doctrine of comparative negligence if the former is viewed as a rule or phrase of proximate cause6  =owever.  :HAB%':@ If the principal unreasonably terminated an agency agreement for selfish reasons. though negligent.andro Ca!a-ar)Pro&er"y+. 'a. and if the injury cannot CIVIL LAW COMMITTEE  CHAIRPERSON: Romuald Padilla  ASST. -. 'egal right or duty6 b.. Joyce Vidad  EDP: Alnai a Ha!!iman. If the actor. was not aware of the danger or ris3 brought about by the prior fraud or negligent act. R#odora *errer). . 0. Cases </en t/e doctrine <as /eld ina lica1le '(ICCA) *. CA.San Beda College of Law 228 MEMORY AID IN CIVIL LAW Doctrine of Last Clear C/ance or Disco5ered (eril  The negligence of the plaintiff does not preclude a recovery for the negligence of the defendant where it appears that the defendant. . 110 SCRA 1" NOTE: This rule is a departure from the traditional view that a person is not liable for damages resulting from the exercise of ones right.  They are found in $hapter . Minorit* :ie<  The historical function of the doctrine was to mitigate the harshness of the common law rule of contributory negligence which prevented any recovery at all by the plaintiff who was also negligent even if his negligence was relatively minor as compared with the wrongful act or omission of the defendant.. The right or duty is exercised in bad faith6 and c. by exercising reasonable care and prudence.  The doctrine has no role in this jurisdiction where common law concept of contributory negligence has itself been rejected in Article .A) of A1use of Rig/ts  Ele"ents: a.a# Dumama)Sale! and /ea!e+. might have avoided injurious conse(uences to the plaintiff notwithstanding the plaintiff<s negligence. /i(aya Ali&ao)Tor"! and Dama(e!+.$MAN RELATIONS . Ian Dominic Pua)O-li(a"ion! and Con"rac"!+. (re5ailing 5ie<  #octrine is applicable in this jurisdiction. Alternati5e :ie<s: . 'a. Ale. Doro"#y $ayon  S%BJECT HEADS: C#ri!"o&#er Rey 'ara!i(an )Per!on! and *amily Rela"ion!+.*+? of the $ivil $ode. the defendant is still liable because he had the last clear chance of avoiding the injury. INTENTIONAL TORTS  Include conduct where the actor desires to cause the conse(uences of his act or believes that the conse(uences are substantially certain to result from it. 9or the sole intent of prejudicing or injuring another. . filed an action against a carrier based on contract.

Ci5il Code)  Ele"ents: 1reac/ of  &eduction. . An"#ony Pur(anan)/TD+. $ases where there was financial damage. Rica!ion Tu(adi )Con1lic"! o1 /a2+ . good customs and public policy. 5here there was moral seduction. Act which is legal6 b. by itself. public order or public policy6 and c. enticement. is also an act contrary to morals. d. ! Gas"e S"o8at 7a8s" vs. although not punishable. Article 0B of t/e Ci5il Code  &pea3s of the general sanction for all  &exual intercourse is not by itself a basis for recovery6 damages could only be awarded if the sexual intercourse is not a product of voluntariness or mutual desire. The act is contrary to morals. morals. $)C$!*+. Desertion 1* a s ouse  A spouse has a legal obligation to live  Boral seduction. does not distinguish6 the act may be done willfully or negligently. 'a. CIVIL LAW COMMITTEE  CHAIRPERSON: Romuald Padilla  ASST. Seduction <it/out ro"ise to "arr* 2. 'a. 1.ill! and Succe!!ion+. other provisions of law which do not especially provide for their own sanction.  It may not even matter that the a. G$%$RA& R'&$( reach of promise to marry by itself is not actionable. Doro"#y $ayon  S%BJECT HEADS: C#ri!"o&#er Rey 'ara!i(an )Per!on! and *amily Rela"ion!+. Ale. 0.  Kinds:  The defendant is liable if he employed deceit. connotes the idea of deceit. NOTE: #amages are recoverable even if no positive law was violated. /i(aya Ali&ao)Tor"! and Dama(e!+. Jo#n S"e&#en 0uiam-ao)PAT+.. Ian Dominic Pua)O-li(a"ion! and Con"rac"!+.a# Dumama)Sale! and /ea!e+. Acts contra 1onus "ores 'Article 0.%( In cases where there is another act independent of the breach of promise to marry which gives rise to liability@ *. superior power or abuse of confidence in successfully having sexual intercourse with another even if he satisfied his lust without promising to marry the offended party. acts of lasciviousness and seduction.  If a spouse does not perform hisIher duty to the other. good customs and public policy.San Beda College of Law 229 MEMORY AID IN CIVIL LAW 0. enticement. Se3ual assault  #efendant is liable for all forms of sexual assault including crimes defined under the 2%$ as rape. R#odora *errer). NOTES: c.CHAIRPERSON: Vida Bocar. good customs. C#ri!"o&#er Ca-i(ao)Credi" Tran!ac"ion!+.reac/ of ro"ise to "arr* plaintiff and the defendant are of the same gender. NOTE: Article . a. S#a Eli. &ocial humiliation caused to one of the parties.andro Ca!a-ar)Pro&er"y+. he may be liable for damages for such omission because the same is contrary to law. The act is done with intent to injure. Joyce Vidad  EDP: Alnai a Ha!!iman. CA" with hisIher spouse. superior power or abuse of confidence on the part of the seducer to which the woman has yielded.. .

A1ortion and 9rongful Deat/  #amages may be recovered by both spouses if@ *" the abortion was caused through the physician<s negligence. Doro"#y $ayon  S%BJECT HEADS: C#ri!"o&#er Rey 'ara!i(an )Per!on! and *amily Rela"ion!+. ! Geluz vs. R#odora *errer).San Beda College of Law 230 MEMORY AID IN CIVIL LAW 3# =isconnection o9 electricit2 or gas service e. Joyce Vidad  EDP: Alnai a Ha!!iman. Tres ass (ro ert* and De ri5ation of  The  . /i(aya Ali&ao)Tor"! and Dama(e!+. who unreasonably fails to pay his bills.CHAIRPERSON: Vida Bocar.* of the $ivil $ode !which prohibits acts of oppression by either CIVIL LAW COMMITTEE  CHAIRPERSON: Romuald Padilla  ASST. that is to appropriate whatever is built or planted or to compel the builder or planter to purchase the portion encroached upon. the employer should be deemed to have violated Article *+.2" an employee should not be confused with the manner in which the right is exercised and the effects flowing therefrom6  If the dismissal was done anti4 socially and oppressively. !3ag:anua vs. NOTE: It may cover cases where the defendant was deprived of personal property for the purpose of obtaining possession of real property procured her abortion may recover damages from the physician who caused the same on account of distress and mental anguish attendant to the loss of the unborn child and the disappointment of his parental expectation.andro Ca!a-ar)Pro&er"y+.ill! and Succe!!ion+. 'a. An"#ony Pur(anan)/TD+." was done intentionally Dit"out t"eir consent  A builder in good faith who acted negligently may be held liable under Art. !A(uino. Rica!ion Tu(adi )Con1lic"! o1 /a2+ .a# Dumama)Sale! and /ea!e+. Ian Dominic Pua)O-li(a"ion! and Con"rac"!+.  Article --A of the $ivil $ode in relation to Article -1/ does not permit action for damages where the builder. planter. his tenants. C#ri!"o&#er Ca-i(ao)Credi" Tran!ac"ion!+.  :xample@ If a company disconnects  'iability for damages under the 2%$ and Article -1* of the $ivil $ode re(uires intent or bad faith. trespass extends to all cases where a person is deprived of his personal property even in the absence of criminal liability. +AC 137 SCRA 3.*+/ N$$. JIN#&@ 1# *res6ass to andEor de6rivation o9 real 6ro6ert2 right to disconnect and deprive the customer. or . The landowner is limited to the options given to him under article --A. . of water in order to force them to vacate the lot they were cultivating. the company commits a tort under Article . 2# *res6ass to or de6rivation o9 6ersonal 6ro6ert2  =usband of a woman who voluntarily  In the field of tort. Illegal Dis"issal  The right of the employer to dismiss  :HAB%':@ The defendant who was landlord. Jo#n S"e&#en 0uiam-ao)PAT+. was held liable because he deprived the plaintiffs. 'a. CA 2SCRA802" g. of electricity should be exercised in accordance with the law and rules. the electricity service without prior notice as re(uired by the rules.* N$$. Torts and #amages" f. S#a Eli. or sower acted in good faith. Ale.

(u1lic . civil suit.  Cnder Articles *? and . R#odora *errer). or other legal proceeding has been instituted maliciously and without probable cause.  Ac(uittal presupposes that a criminal information is filed in court and final judgment rendered dismissing the case6 nevertheless.*. material or otherwise.CHAIRPERSON: Vida Bocar. ! !atricio vs.  Absence of malice signifies good  :HAB%':@ 9alse imputation of misdeed to justify dismissal or any similar manner of dismissal which is done abusively. !=rilon vs. the prosecutor acted without probable cause6 0. i.  Balice is the inexcusable intent to  An employer may be held liable for damages if the manner of dismissing is contrary to morals good customs and public policy.* will be dismissed if the plaintiff merely see3s GrecognitionH.*. C#ri!"o&#er Ca-i(ao)Credi" Tran!ac"ion!+. . vex. Bon.a# Dumama)Sale! and /ea!e+.u"iliation  #amages may be awarded in cases where the plaintiff suffered humiliation through the positive acts of the defendant directed against the plaintiff. CA ?1117@"  :xample@ The defendant was held liable for damages under Art. Doro"#y $ayon  S%BJECT HEADS: C#ri!"o&#er Rey 'ara!i(an )Per!on! and *amily Rela"ion!+.scar &eviste. Malicious (rosecution  An action for damages brought by one against another whom a criminal prosecution. oppress. An action based on Articles *?4.* N$$. !Glo:e 3ac8a2 and Radio Cor6. injure. Rica!ion Tu(adi )Con1lic"! o1 /a2+ . vs. CA" /. $s6ino" TORTS AGAINST . ?1181@"  Ele"ents: NOTES: *. suit or proceeding in favor of the defendant therein. for mere purpose of vexation or injury.. Jo#n S"e&#en 0uiam-ao)PAT+. That in bringing the action. annoy or humiliate. faith on the part of the defendant6 good faith may even be based on mista3e of law.  An action can only prosper when damage.  The gist of the action is putting legal process in force regularly. CAF 3anila Gas Cor6 vs. the defendant may li3ewise be guilty of a tort even if he acted in good 9ait".andro Ca!a-ar)Pro&er"y+. /i(aya Ali&ao)Tor"! and Dama(e!+.  %resence of probable cause signifies absence of malice. !Grand 'nion Su6er ar8et vs. 'a.* for slapping the plaintiff in public. S#a Eli. The prosecutor was actuated or impelled by legal malice.$MAN DIGNITT-(ES: CIVIL LAW COMMITTEE  CHAIRPERSON: Romuald Padilla  ASST. damages are NOTES: recoverable even though no positive law was violated. Ale.  Cnder Article . Ian Dominic Pua)O-li(a"ion! and Con"rac"!+. An"#ony Pur(anan)/TD+. The fact of the prosecution and the further fact that the defendant was himself the prosecutor6 and that the action was finally terminated with an ac(uittal6 . Joyce Vidad  EDP: Alnai a Ha!!iman. .San Beda College of Law 231 MEMORY AID IN CIVIL LAW capital or labor against the other" and Article . 'a.ill! and Succe!!ion+. prior ac(uittal may include dismissal by the prosecutor after preliminary investigation. after the termination of such prosecution. was suffered by the plaintiff.

'a. In cases of violation of school policies or regulations occurring in connection with school sponsored activity off4campus6 or . R#odora *errer).%( 2ight against unreasonable searches and seiGure can be invo3ed by a juridical entity. Jo#n S"e&#en 0uiam-ao)PAT+." It can be subject to waiver of the person whose privacy is sought to be intruded into.%( A privilege may be given to the surviving relatives of a deceased person to protect his memory but the privilege exist for the benefit of the living.andro Ca!a-ar)Pro&er"y+. The freedom of the press has never been construed to accord newsmen immunity from tort or crimes committed during the course of the newsgathering. hence@ *" It can be invo3ed only by the person whose privacy is claimed to have been violated. It is relative to the customs of time and place and is determined by the norm of an ordinary person. Joyce Vidad  EDP: Alnai a Ha!!iman... $)C$!*+.CHAIRPERSON: Vida Bocar. a corporation would have no such ground. Doro"#y $ayon  S%BJECT HEADS: C#ri!"o&#er Rey 'ara!i(an )Per!on! and *amily Rela"ion!+. +our T* es of In5asion of (ri5ac* a. another<s property. %ublicity is given to any private or purely personal information about a person6 . the individual has exhibited an expectation of privacy. Publicat ion of Embarrassin" (ri5ate +acts  Re!uisites: *. $)C$!*+. .San Beda College of Law 232 MEMORY AID IN CIVIL LAW . Ale. 5ithout the latter<s consent6 and 0. In cases where the misconduct of the student involves his status as a student or affects the good name and reputation of the school. ma3es it illegal for any person not authoriGed by all the parties to any private communication to secretly record such communication by means of a tape recorder !2amireG vs $A... G$%$RA& R'&$@ There is no invasion of right to privacy when a journalist records photographs or writes about something that occurs in public places.. b" 5hether this expectation is one that the society recogniGes as reasonable. li3e libel or defamation.A.. 'a.  &tandard to be applied in determining if there was a violation of the right is that of a 6erson Dit" ordinar2 sensi:ilities. NOTES: G$%$RA& R'&$@ 2ight to privacy can be invo3ed only by natural persons6 >uridical persons cannot invo3e such right because the entire basis of right to privacy is an injury to the feelings and sensibilities of a party. Rica!ion Tu(adi )Con1lic"! o1 /a2+ . NOTE: There are instances where the school might be called upon to exercise its power over its student for acts committed outside the school premises and beyond school hours in the following@ *. It includes cases when the defendant invades one<s privacy by loo3ing from outside !:xample@ Epeeping4tomF". $)C$!*+. An"#ony Pur(anan)/TD+...a# Dumama)Sale! and /ea!e+. :iolation of t/e rig/t of ri5ac*  Reasona:leness o9 a 6ersonCs e56ectation o9 6rivac2 de6ends on a tDo-6art test( a" 5hether by his conduct. 1. C#ri!"o&#er Ca-i(ao)Credi" Tran!ac"ion!+.%( 5hen the acts of the journalist should be to such extent that it constitutes harassment or overGealous shadowing. /i(aya Ali&ao)Tor"! and Dama(e!+. *??1"  Cse of a telephone extension for purposes of overhearing a private conversation without authoriGation does not violate 2A -. 2egardless of whether or not such publicity constitutes a criminal offense.  2A -. S#a Eli.  There is no intrusion when an employer investigates an employee or when the school investigates its student. . the circumstance that the publication G$%$RA& R'&$@ 2ight to privacy is purely personal in nature.ill! and Succe!!ion+. 0" The right ceases upon the death of the person. Intrusio n upon plaintiff1s seclusion or solitu e or into his pri!ate affairs  It is not limited to cases where the defendant physically trespassed into CIVIL LAW COMMITTEE  CHAIRPERSON: Romuald Padilla  ASST. Ian Dominic Pua)O-li(a"ion! and Con"rac"!+. to protect their feelings and to prevent the violation of their own rights in the character and memory of the deceased. &ept.

portraying him as a war hero.  The publication of facts derived from the records of official proceedings which are not otherwise declared by law as confidential. 'a. Ian Dominic Pua)O-li(a"ion! and Con"rac"!+. CIVIL LAW COMMITTEE  CHAIRPERSON: Romuald Padilla  ASST. ! S6a"n vs. the right of publicity is often treated as a separate right that overlaps but is distinct from the right of privacy.  5ith respect to celebrities.  %C 'I$ 9I)C2: 4 A person.  The interest sought to be protected is the right to be free from unwarranted publicity. As to "ra!amen of claim The gravamen of The gravamen of claim is not the claim is the reputa4 reputational harm tional harm but rather the embarrassment of a person being made into some4thing he is not 2. An"#ony Pur(anan)/TD+. hence an action for libel is also warranted6 the action for invasion of privacy will afford an alternative remedy. Ale. Commer cial appropriation of li2eness  The unwarranted publication of a person<s name or the unauthoriGed use of his photograph or li3eness for commercial purposes is an invasion of privacy.  It extends to all cases of wrongful interference in the family affairs of others whereby one spouse is induced to leave the other spouse or conduct himself or herself that the comfort of married life is destroyed. Tort of (utting Anot/er in +alse Lig/t Defa"ation 1. Doro"#y $ayon  S%BJECT HEADS: C#ri!"o&#er Rey 'ara!i(an )Per!on! and *amily Rela"ion!+. 'a. /i(aya Ali&ao)Tor"! and Dama(e!+. Jo#n S"e&#en 0uiam-ao)PAT+. malice must be proven. c. C#ri!"o&#er Ca-i(ao)Credi" Tran!ac"ion!+.andro Ca!a-ar)Pro&er"y+. however. who by his accomplishments. Joyce Vidad  EDP: Alnai a Ha!!iman. most especially those holding responsible positions in government enjoy a ore li ited right to privacy compared to ordinary individuals. They treat their names and li3eness as property and they want to control and profit therefrom.CHAIRPERSON: Vida Bocar.San Beda College of Law 233 MEMORY AID IN CIVIL LAW was made with intent of gain or for commercial and business purposes invariably serves to aggravate the violation of the right. :HAB%':@ #efendant was held liable for damages when he published an unauthoriGed biography of a famous baseball player exaggerating his feats on the baseball field. Publicit ( $hich places a person in a false li"ht in the public e(e  The interest to be protected in this tort is the interest of the individual in not being made to appear before the public in an objectionable false light or false position. NOTE: %ublic figures. Interference <it/ +a"il* and ot/er relations  The gist of the tort is an interference with one spouse<s mental attitude toward the other and the conjugal 3indness of marital relations resulting in some actual conduct which materially affects it. As to the efamator( character of the statements #efendant may still 5hat is published be held liable even if lowers the esteem in the statements tells which the plaintiff is something good held about the plaintiff . cannot be considered a tortious conduct. Rica!ion Tu(adi )Con1lic"! o1 /a2+ . his affairs and his character. R#odora *errer). 0. from the wrongful publiciGing of the private affairs and activities of an individual which are outside the realm of legitimate public concern. As to publication The statement should %ublication is be actually made in satisfied if a letter is public sent to a third person 3. 3essner"  If the publicity given to the plaintiff is defamatory.  If the interference is by the parents of the spouse.a# Dumama)Sale! and /ea!e+. fame or mode of living or by adopting a profession or calling which gives the public a legitimate interest in his doings.ill! and Succe!!ion+.  Bay be committed by the media by distorting a news report. S#a Eli.

'a.  2%$ considers the statement defamatory if it is an imputation of circumstance tending to cause the dishonor. or to hold the personIs up to public ridicule.  Includes the crime of libel and slander. which causes emotional distress. or are sufficient to impeach their honesty. S#a Eli.San Beda College of Law 234 MEMORY AID IN CIVIL LAW 2. Ale. communication to a single individual is sufficient publication. -efamation  #efamation is an invasion of the interest in reputation and good name. A private communication made by any person to another in the performance of any legal. CIVIL LAW COMMITTEE  CHAIRPERSON: Romuald Padilla  ASST. A fair and true report.andro Ca!a-ar)Pro&er"y+. INDE(ENDENT CI:IL ACTIONS . if no good intention or justifiable motive for ma3ing it is shown. types of &exual harassment@ a" (uid pro (uo cases b" hostile environment cases TORTS 9IT. may result in liability on the part of the offending party. even if it be true.. $)C$!*+.  %ublic officer who is a defendant cannot escape liability under the doctrine of state immunity6 the said doctrine applies only if acts involved are done by officers in the performance of their official duty within the ambit of their powers6 officers do not act within the ambit of their powers if they violate the constitutional rights of persons. /i(aya Ali&ao)Tor"! and Dama(e!+.u"iliation  #iscrimination against a person on account of his physical defect.  #issemination to a number of persons is not re(uired. or reputation. by communication to others which tends to diminish the esteem in which the plaintiff is held. An"#ony Pur(anan)/TD+. Doro"#y $ayon  S%BJECT HEADS: C#ri!"o&#er Rey 'ara!i(an )Per!on! and *amily Rela"ion!+. it must be shown that at least a third person could identify him as the object of the libelous publication. It must be given publicity d.%S( *. Joyce Vidad  EDP: Alnai a Ha!!iman. without any comments or remar3s. 4 a civil action separate and distinct from the criminal action may be commenced under 2A +A++. C#ri!"o&#er Ca-i(ao)Credi" Tran!ac"ion!+.a# Dumama)Sale! and /ea!e+. or of any statement. Rica!ion Tu(adi )Con1lic"! o1 /a2+  Re!uisites for one to 1e lia1le for defa"ator* i" utations: a. R#odora *errer). discredit or contempt of natural or juridical person or to blac3en the memory of one who is dead. or speech delivered in said proceedings or of any other act performed by public officers in the exercise of their functions. Jo#n S"e&#en 0uiam-ao)PAT+. it can also be committed through negligence. :iolation of ci5il and olitical rig/ts 'Article 20)  Although the same normally involves intentional acts.  It is not sufficient that the offended party recogniGed himself as the person attac3ed or defamed. G$%$RA& R'&$( :very defamatory imputation is presumed to be malicious. 'a. or to excite adverse feelings or opinion against him. It must be malicious c. 4 .. The victim must be identifiable NOTES:  Test in determining the defamatory character of the imputation@ A charge is sufficient if the words are calculated to induce the hearers to suppose and understand that the personIs against whom they were uttered were guilty of a certain offense.  &exual =arassment falls under this category. Defa"ation= +raud= and (/*sical in>uries 'Article 22) A. report. It must be defamatory b. moral or social duty6 and . 0. made in good faith.ill! and Succe!!ion+. of any judicial. Intriguing to Cause Alienation 4. . :e3ation and .CHAIRPERSON: Vida Bocar. virtue. legislative or other official proceedings which are not of confidential nature. Ian Dominic Pua)O-li(a"ion! and Con"rac"!+.

"The representation must be one of fact 0"The defendant must 3now that the representation is false or be rec3less about whether it is false -"The defendant must have acted on the false representation 1"The defendant must have intended that the false representation should be acted on /"The plaintiff must have suffered damage as a result of acting on the false representation  Bal9-trut"s are li3ewise included6 it is actionable if the withholding of that which is not stated ma3es that which is stated absolutely false.a# Dumama)Sale! and /ea!e+. C#ri!"o&#er Ca-i(ao)Credi" Tran!ac"ion!+. S#a Eli. the defendant may claim that the statements made are privileged. Joyce Vidad  EDP: Alnai a Ha!!iman. .CHAIRPERSON: Vida Bocar...  #ual character of crimes applies to cases governed by special laws. N$$ Circu"stances affecting Ci5il Lia1ilit* . . Custif*ing circu"stances  #efendant is free from civil liability if justifying circumstances are properly establishes. C.  %ersons liable are the principal.ARISING +ROM DELICT  :very person criminally liable for a felony is also civilly liable.. Neglect of dut* 1* olice officers 'Article 24)  &ubsidiary liability of cities and municipalities. CIVIL LAW COMMITTEE  CHAIRPERSON: Romuald Padilla  ASST.  It includes restitution. Doro"#y $ayon  S%BJECT HEADS: C#ri!"o&#er Rey 'ara!i(an )Per!on! and *amily Rela"ion!+. Art. Mitigating and Aggra5ating Circu"stances  #amages to be adjudicated may either be decreased or increased depending on the presence . ! Article 100 R!C"  The reason is because a crime has a dual character@ as an offense against the &tate and against the private person injured by it. 2. 'a.... Rica!ion Tu(adi )Con1lic"! o1 /a2+  %hysical injuries which resulted because of negligence or imprudence is not included in Article 006 they are already covered by Article . E3e" ting Circu"stances  They do not erase the civil liability. R#odora *errer).ill! and Succe!!ion+. 'a.  The rule on proximate cause in (uasi4delict cases is applicable to cases involving civil liability arising from delict. 0. is imposed so that they will exercise great care in selecting conscientious and duly (ualified policemen and exercise supervision over them in the performance of their duties." Kualifiedly privilege 8 not actionable unless found to have been made without good intention or justifiable motive.  Includes bodily injuries causing death. Ian Dominic Pua)O-li(a"ion! and Con"rac"!+. &rau  Ele"ents of deceit *"The defendant must have made false representation to the plaintiff . Ph(sical in*uries  attery 8 an intentional infliction of a harmful or offensive bodily contact6 bodily contact is offensive if it offends a reasonable person<s sense of dignity. .  There is civil liability even if the offense is a public offense. /i(aya Ali&ao)Tor"! and Dama(e!+. CI:IL LIA.ILIT. Jo#n S"e&#en 0uiam-ao)PAT+.*+/ of the $ivil $ode. results in criminal and civil liability. An"#ony Pur(anan)/TD+. accomplice and accessories.andro Ca!a-ar)Pro&er"y+. 2. Ale. li3e in bigamy.San Beda College of Law 235 MEMORY AID IN CIVIL LAW  In order to escape liability. T<o &inds of ri5ileged co""unication: *" Absolutely privilege 8 Those which are not actionable even if the author acted in bad faith. reparation of damages and indemnification of conse(uential damages.  Bisrepresentati on upon a mere matter of opinion is not an actionable deceit.  Assault 8 intentional conduct by one person directed at another which places the latter in apprehension of immediate bodily harm or offensive act. :xample@ violation of the % ..

who was in the vehicle. or who approve of it after it is done. :icarious Lia1ilit* or Doctrine of I" uted Negligence  A person is not only liable for torts committed by himself.andro Ca!a-ar)Pro&er"y+.  5hile pardon removes the existence of guilt so that in the eyes of the law the offender is deemed innocent and treated as though he never committed the offence. could have.  The responsibility of two or more persons liable for (uasi4delict is solidary !Article 2110 Civil Code"6 they are not liable pro rata. or abet the commission of a tort.  Doctrine of Respon eat Superior 8 the liability is strictly imputed." liability of a partnership for the tort committed by a partner (ersons :icariousl* Lia1le: 'Article 2134 of the Ci!il Co e5 . if done for their benefit6 they are each liable as a principal.%( In case of libel and physical injuries wherein the plaintiff initially opted to claim damages in the criminal proceeding can file another case under Article 33 o9 t"e Civil Code. if the former. An"#ony Pur(anan)/TD+." %arents are made liable because they failed to exercise due diligence $)C$!*+.San Beda College of Law 236 MEMORY AID IN CIVIL LAW of mitigating circumstances. advice.. aid. promote. T/e +at/er= or in case of deat/ or inca acit*= "ot/er Effect of Deat/ A. it does not operate to remove all the effects of the previous conviction.CHAIRPERSON: Vida Bocar. C#ri!"o&#er Ca-i(ao)Credi" Tran!ac"ion!+. .a# Dumama)Sale! and /ea!e+. G$%$RA& R'&$( Dicarious liability in the %hilippines is not governed by the doctrine of res6ondeat su6erior6 employers or parents are made liable not only because of the negligent or wrongful act of the person for whom they are responsible but also because of their own negligence@ *" 'iability is imposed on the employer because he failed to exercise due diligence in the selection or supervision of the employee . Rica!ion Tu(adi )Con1lic"! o1 /a2+ . 'a. Ian Dominic Pua)O-li(a"ion! and Con"rac"!+. /i(aya Ali&ao)Tor"! and Dama(e!+. prevented the misfortune. instigate. countenance. 0. Jo#n S"e&#en 0uiam-ao)PAT+. Coint Tort%feasors  All the persons who command. R#odora *errer). the employer is liable not because of his act or omission but because of the act or omission of the employee6 employer cannot escape liability by claiming that he exercised due diligence in the selection or supervision of the employee. DE+ENDANTS IN TORT CASES Concurrent Negligence or Acts . but also for torts committed by others with whom he has a certain relation or for whom he is responsible. 'a. encourage..0 of the 2%$ . Effect of (ardon  %ardon does not erase civil liability.ill! and Succe!!ion+. or aggravating diligence. !Article 2180 Civil Code"  :xercise of diligence of a good father of a family to prevent damage is a defense.%( #octrine of res6ondeat su6erior is applicable in@ *" liability of employers under Article *. S#a Eli. Motor 5e/icle "is/a s  The owner is solidarily liable with the driver. #:AT= A9T:2 9INA' >C#)B:NT@ extinguishes criminal liability of the person liable but will not extinguish the civil liability. #:AT= :9O2: 9INA' >C#)B:NT@ G$%$RA& R'&$@ The defendant is relieved from both criminal and civil liability arising from criminal liability. by the use of due CIVIL LAW COMMITTEE  CHAIRPERSON: Romuald Padilla  ASST. Joyce Vidad  EDP: Alnai a Ha!!iman. Doro"#y $ayon  S%BJECT HEADS: C#ri!"o&#er Rey 'ara!i(an )Per!on! and *amily Rela"ion!+. cooperate in. they are jointly and severally liable for the whole amount. Ale. $)C$!*+. to the same extent and in the same manner as if they have performed the wrongful act themselves. !Article 2180 Civil Code"  &olidary liability is imposed on the owner not because of his imputed liability but because his own omission is a concurring proximate cause of the injury.

. minors or incapacitated persons b.ill! and Succe!!ion+. !Art. NOTES:  The parents or guardians can still be held liable even if the minor is already emancipated provided that he is below .* of the 9amily $ode to the extent that the alternative (ualification of the liability of the father and the mother has been removed.*A. CIVIL LAW COMMITTEE  CHAIRPERSON: Romuald Padilla  ASST. of the N$$ and Art . NOTES:  The basis of liability for the acts or omissions of their minor children is the parental authority that they exercise over them. /i(aya Ali&ao)Tor"! and Dama(e!+.CHAIRPERSON: Vida Bocar. A teacher in charge is still liable for the acts of their students even if the minor student reaches the age of majority.. 'a.e.. Ian Dominic Pua)O-li(a"ion! and Con"rac"!+. Joyce Vidad  EDP: Alnai a Ha!!iman.  The burden of proof rests on the parents and persons exercising parental authority. guardian.* of the 9amily $ode if the child is living in his parents< company.*. . Ale.  'iability of the employer can be established by proving the existence of an employer4employee relationship with the actor and the latter caused the injury while performing his assigned tas3 or functions.*A. 4. the same is also on those exercising and special parental i. O<ners and "anagers esta1lis/"ents  9or damage caused by@ a" their employees of  b" in the service of the branches in which they are employed. or c" on the functions occasion of their  The liability is not limited to parents. S#a Eli. . C#ri!"o&#er Ca-i(ao)Credi" Tran!ac"ion!+. An"#ony Pur(anan)/TD+. under their authority c.* years of age. Jo#n S"e&#en 0uiam-ao)PAT+. except for children *A to . E" lo*ers  9or damages cause by@ a" employees helpers and household  The liability is present only both under Art . b" acting within the scope of their assigned tas3s c" even if the employer is not engaged in any business or industry  %arental authority is not the sole basis of liability.*A.andro Ca!a-ar)Pro&er"y+. Guardians  9or damage caused by a.a# Dumama)Sale! and /ea!e+. imposed substitute authority. living in their company 2. N$$ 0. .San Beda College of Law 237 MEMORY AID IN CIVIL LAW  9or damage caused by@ a" b" minor children living in their company  %arents and other persons exercising parental authority can escape liability by proving that they observed all the diligence of a good father of a family to prevent damages. 'a. Doro"#y $ayon  S%BJECT HEADS: C#ri!"o&#er Rey 'ara!i(an )Per!on! and *amily Rela"ion!+. The same foreseability test of negligence should apply to parents when they are sought to be held liable under Art. Rica!ion Tu(adi )Con1lic"! o1 /a2+ . R#odora *errer).."  This has already been modified by Art.

Ale. 'a.ill! and Succe!!ion+.*A. ma3es teachers and heads liable for acts of students and apprentices whether the latter are minors or not. Jo#n S"e&#en 0uiam-ao)PAT+.*?. 7. /i(aya Ali&ao)Tor"! and Dama(e!+. 'a.San Beda College of Law 238 MEMORY AID IN CIVIL LAW  The vicarious liability attaches only when the tortuous conduct of the employees relates to or is in the course of his employment.  5henever the school or teacher is being made liable.  5hile the employer incurs no liability when an employee<s conduct. 2. 9$  if student is no longer a minor 8 Art. however does not affect the liability of an employer. S#a Eli. not the teacher who is held liable where the injury is caused in a school of arts and trade. The student is in the custody of the school authorities as longs as he is under the control and influence of the school and within its premises whether the semester had not yet begun or has already ended. State  9or damage caused by@ a" a special agent b" not when the damage has been caused by the official to whom the tas3 done properly pertains  %ublic officers who are guilty of tortuous conduct are personally liable for their actions. $ivil $ode NOTES: G$%$RA& R'&$( The teacher4in4charge is liable for the acts of his students. Joyce Vidad  EDP: Alnai a Ha!!iman.*? of the 9amily $ode expressly provides that they are subsidiarily liable. the teacher4in4 CIVIL LAW COMMITTEE  CHAIRPERSON: Romuald Padilla  ASST. Rica!ion Tu(adi )Con1lic"! o1 /a2+ . Ot/er (ersons :icariousl* Lia1le: . ..otel&ee ers  They are ci!ill( liable for crimes committed in their establishments in cases of violations of statutes by them. Sc/ools= Teac/ers and Ad"inistrators  9or damage caused by@ a" pupils and students or apprentices b" in their custody statutor2 :asis@  if student is minor 8 Art. CA. The school and administrators are not liable. . Doro"#y $ayon  S%BJECT HEADS: C#ri!"o&#er Rey 'ara!i(an )Per!on! and *amily Rela"ion!+. C#ri!"o&#er Ca-i(ao)Credi" Tran!ac"ion!+. !Article 102 Revised !enal Code"  Applies also to teachers of  academic institutions.  The liability extends to acts committed even outside the school so long as it is an official activity of the school. Ian Dominic Pua)O-li(a"ion! and Con"rac"!+.  The victim of negligence is li3ewise re(uired to exercise due care in avoiding injury to himself.  'iability is imposed only if the pupil is already in the custody of the teacher or head. .  Art. An"#ony Pur(anan)/TD+. a minor deviation from the assigned tas3 of an employee. $)C$!*+. Inn&ee ers and .%( It is only the head of the school.*A. in default of persons criminally liable. R#odora *errer).andro Ca!a-ar)Pro&er"y+. .  The liability of the teacher subsists whether the school is academic or non4 academic. the parents and those exercising substitute parental authority are not free from liability because Art. !-alenzuela vs. 'iability attaches to the teacher4 in4charge. 6.a# Dumama)Sale! and /ea!e+.CHAIRPERSON: Vida Bocar..3 SCRA 303"  It is a defense that the employer exercised proper diligence in the selection and supervision of negligent employee.  The school itself is now solidarily liable with charge. act or omission is beyond the range of employment.

S#a Eli.*A0 is applicable whether the animal is domestic. Ian Dominic Pua)O-li(a"ion! and Con"rac"!+. provided that@ a. Rica!ion Tu(adi )Con1lic"! o1 /a2+ . R#odora *errer). The inn3eeper was notified in advance of the deposit of such goods within the inn6 and b. T-(ES: .San Beda College of Law 239 MEMORY AID IN CIVIL LAW  They are subsi iaril( liable for the *" 5hen the profits have inured to benefit of the partnership.rancisco. !Article 10 .andro Ca!a-ar)Pro&er"y+. or have 3nowledge of such torts. !. The guest shall have followed the directions which such inn3eeper or his representative may have given with respect to the care and vigilance over the goods." If one of the spouses committed tort while performing a business or if act was supposed to benefit partnership.%( 5hen the damage was caused by force majeure or by the person who suffered the damage. (artners/i  %artnership or every partner is liable for torts committed by one of the partners acting Dit"in t"e sco6e o9 t"e 9ir :usiness.  Dicarious liability is similar to the common law rule on res6ondeat su6erior.  'iability is entirely imputed and the partnership cannot obviously invo3e diligence in the selection and supervision of the partner. /i(aya Ali&ao)Tor"! and Dama(e!+.ill! and Succe!!ion+. G$%$RA& R'&$( %ecuniary indemni4ties imposed upon the husband or wife are not chargeable against the conjugal partnership but against the separate properties of the wrongdoer. conAugal 6artners"i6 o9 gains for C. . Ani"als G$%$RA& R'&$( The possessor of an animal or whoever may ma3e use of the same is responsible for the damages which it may cause although it may escape or be lost.  %artners are liable as joint tort4 feasors. 0. +alling o1>ects  The head of a family that lives in a building or a part thereof is responsible for damages caused by things thrown or falling from the same. $)C$!*+. though they do not participate in. or wild. ratify. the the the the restitution of goods ta3en by robbery or theft within their houses from guests lodging therein. Doro"#y $ayon  S%BJECT HEADS: C#ri!"o&#er Rey 'ara!i(an )Per!on! and *amily Rela"ion!+. c. NOTE: &trict liability tort can be committed even if reasonable care was exercised and regardless of the state of mind of the actor at that time. 'a. or for payment of the value thereof.ILIT 5hen the person is made liable independent of fault or negligence upon submission of proof of certain facts specified by law. 'a. STRICT LIA. S ouses a. *orts and =a ages"  Art. then the situation is similar to that of force majeure and the possessor is not liable.a# Dumama)Sale! and /ea!e+.a il2 Code"  %ayments shall be considered advances to be deducted from the share of the debtor spouse upon li(uidation of the community. a:solute co unit2 o9 6ro6ert2  The absolute community property shall be for liabilities incurred by either spouses by reason of crime or (uasi4delict in case of absence or insufficiency of the exclusive property of the debtor4spouse. Ale. or . Jo#n S"e&#en 0uiam-ao)PAT+. ! Article 2113 Civil Code" CIVIL LAW COMMITTEE  CHAIRPERSON: Romuald Padilla  ASST.%( $onjugal partnership should be made liable@ 0. Joyce Vidad  EDP: Alnai a Ha!!iman.. regi e o9 se6aration o9 6ro6ert2  :ach spouse is responsible hisIher separate obligation. An"#ony Pur(anan)/TD+.CHAIRPERSON: Vida Bocar. domesticated. :. !Article 2183 Civil Code" NOTES:  If the acts of a third person cannot be foreseen or prevented. C#ri!"o&#er Ca-i(ao)Credi" Tran!ac"ion!+. 2. $)C$!*+.

the employer shall not be liable for compensation. assembly and erection6 e. or a. Joyce Vidad  EDP: Alnai a Ha!!iman. although no contractual relation exists. Annoys or offends the senses6 c. +0?-" 8 any 9ilipino or foreign manufacturer. Lia1ilit* of e" lo*ers  Article *+** of the N$$ imposes an the owner or possessor of the property where a nuisance is found because he is obliged to abate the same irrespective of the presence or absence of fault or negligence. Rica!ion Tu(adi )Con1lic"! o1 /a2+ . reach of implied warranties.CHAIRPERSON: Vida Bocar. %roprietor of a building or structure. business. omission.  5hen the employee<s lac3 of due care contri:uted to his death or injury.. or voluntary act or drun3enness. Nuisance  :very successive owner or possessor of property who fails or refuses to abate a nuisance in that property started by a former owner or possessor is liable therefore in the same manner as the one who created it. /i(aya Ali&ao)Tor"! and Dama(e!+. obligation on owners of enterprises and other employers to pay for the death or injuries to their employees.San Beda College of Law 240 MEMORY AID IN CIVIL LAW  The term E"ead o9 t"e 9a il2F is not limited to the owner of the building. . formulas and handling and ma3ing up6 or f. establishment. =inders or impairs the user property. S#a Eli.a# Dumama)Sale! and /ea!e+. and it may even include the lessee thereof. :ven when an act or event causing damage to another<s property was not due to the fault or negligence of the defendant. !Article 484 Civil Code" 6. !Article 410 Civil Code" of  There is strict liability on the part of 2. for damages resulting from its total or partial collapse. if it should be due to lac3 of necessary repairs. Ian Dominic Pua)O-li(a"ion! and Con"rac"!+. Obstructs or interferes with the free passage of any public highway or street. the compensation shall be e(uitably reduced. !Art. condition anything else which@ of property. manufacture6 c.  'iability is strict because it exists even if the cause is purely accidental. presentation or pac3ing of their products as well as for the insufficient or inade(uate information on the use and haGards thereof. Ianaan. Injures or endangers the health or safety of others6 b.  If the death or injury is due to the negligence of a fellow4wor3man the latter and the employer shall be solidarily liable for compensation.  If a 9elloD-Dor8erCs intentional or malicious act is the only cause of the death or injury. An"#ony Pur(anan)/TD+. Doro"#y $ayon  S%BJECT HEADS: C#ri!"o&#er Rey 'ara!i(an )Per!on! and *amily Rela"ion!+. Ale. $onsumer Act !2. 'a. C#ri!"o&#er Ca-i(ao)Credi" Tran!ac"ion!+.andro Ca!a-ar)Pro&er"y+. the employer shall not be answerable unless it should be shown that the latter did not exercise due diligence in the selection or supervision of the plaintiff<s fellow4wor3er. defies or disregards decency or morality6 d. . 'a. independently of fault shall be liable for redress for damages caused to consumers by defects resulting from@ a. !=ingcong vs. &hoc3s. -. drin3s. design6 b. producer and importer. Jo#n S"e&#en 0uiam-ao)PAT+.A. !Article 2187 Civil Code" Ot/er cases of lia1ilit* <it/out fault: *.  If the mishap was due to the employee<s own notorious negligence. 4. toilet articles and similar goods shall be liable for death or injuries caused by any noxious or harmful substances used. (roduct lia1ilit* 1* "anufacturers  Banufacturers and processors of foodstuffs. 0. 72 !"il 10" e. 23 Civil Code"  Any act. construction6 d.ill! and Succe!!ion+. or any body of water6 or CIVIL LAW COMMITTEE  CHAIRPERSON: Romuald Padilla  ASST. R#odora *errer). the latter shall be liable for indemnity if through the act or event he was benefited.

or importer shall not be liable when it evidences@ *" That it did not place the product on the mar3et . S#a Eli." The product was manufactured by the defendant6 0" The defective product was the cause of his injury. manufacturing defect . !Article 2187 Civil Code" on negligence !(uasi4delict" for the same act of using noxious or harmful substances. CIVIL LAW COMMITTEE  CHAIRPERSON: Romuald Padilla  ASST. &rau or misrepresentation  Not all expression of opinion are actionable misrepresentations if they are established to be inaccurate. Interference of contracts  Elements% a. 2. producer. Strict liabilit(  Banufacturers and processors of foodstuffs. . !Article 11 Consu er Act"  Re!uisites: The plaintiff should allege and prove that@ *" The product was defective6 .ILITAlternati5e t/eories on 1asis of lia1ilit* 1. certain standards are already imposed by special laws. The supplier of the services shall not be held liable when it is proven@ *" That there is no defect in the service rendered ..andro Ca!a-ar)Pro&er"y+.  %rivity of contract is not necessary.. C#ri!"o&#er Ca-i(ao)Credi" Tran!ac"ion!+.ill! and Succe!!ion+.a# Dumama)Sale! and /ea!e+. 'a." That although it did place the product on the mar3et such product had no defect 0" That the consumer of third party is solely at fault.  DE+ENSES: A. presentation defect -. -elict  The liability may be based on criminal negli4gence under the 2%$ or violation of any special law. Doro"#y $ayon  S%BJECT HEADS: C#ri!"o&#er Rey 'ara!i(an )Per!on! and *amily Rela"ion!+. Ian Dominic Pua)O-li(a"ion! and Con"rac"!+.  It is negligence per se if manufacturer manufactured products which do not comply with the safety standards promulgated by appropriate government agencies. ! Article 17 Consu er Act" . 7. Rica!ion Tu(adi )Con1lic"! o1 /a2+ . An"#ony Pur(anan)/TD+.e"li"ence  In product liability law. design defect 0.  Jnowledge of the manufacturer is not important6 the focus is on the condition of the product and not on the conduct of the manufacturer or seller. drin3s. 3. shall be liable for death or injuries caused by any noxious or harmful substances used although no contractual relation exists." That the consumer of third party is solely at fault. 'a.  Article ?+ and ?? of the $onsumer Act imposes liability on defective products and services upon manufacturers independent of fault. absence of appropriate warning . Jo#n S"e&#en 0uiam-ao)PAT+. and similar goods.  2etailer shall be subsidiarily liable under the warranty in case of failure of both the manufacturer and distributor to honor the warranty.CHAIRPERSON: Vida Bocar. existence of a valid contract  %rivity of contract is not re(uired.  4 KINDS O+ DE+ECTI:E (ROD$CTS *. /i(aya Ali&ao)Tor"! and Dama(e!+. Joyce Vidad  EDP: Alnai a Ha!!iman.$SINESS TORTS . Ale. The manufacturer. builder. 6arranties  The $onsumer Act recogniGes that the provisions of the $ivil $ode on conditions and warranties shall govern all contracts of sale with conditions and warranties. toilet articles. rules and regulations of proper government agencies6 certain acts or omissions are expressly prohibited by the statutes thereby ma3ing violation thereof negligence per se. R#odora *errer).San Beda College of Law 241 MEMORY AID IN CIVIL LAW  It does not preclude an action based (ROD$CT AND SER:ICE LIA. 8.

0. $nfair co" etition. monopolies and predatory pricing 4. whether the same is forseen or unforeseen. through the use of force. Jo#n S"e&#en 0uiam-ao)PAT+. DAMN$M A. C#ri!"o&#er Ca-i(ao)Credi" Tran!ac"ion!+.  There is no liability even if there is damage because there was no injury."The actors employ no means of fraud or deception which are regarded as unfair.. 'a. or industrial enterprises. Rica!ion Tu(adi )Con1lic"! o1 /a2+  $A&:& IN$'C#:#: a. Ale.* and .S#$E >it"out +nAur2# INC$RIA /=a age  A person may have suffered physical hurt or injury. deceit. passing off and disparagement of products b.  (rescri ti5e (eriod: Action must be brought within . $ivil $ode *" If in bad faith@ defendant is liable for all natural and probable conse(uences of his act or omission.  E3tent of Lia1ilit*: A. injury or loss which are occasioned by reason of fault of another in the property or person.. recompense or satisfaction for an injury sustained or as otherwise expressed.ill! and Succe!!ion+. 3nowledge on the part of the third person of the existence of the contract c. . An"#ony Pur(anan)/TD+. Securities Related Torts  Kinds a. II. misappropriation d. 'a." If in good faith@ defandant is liable only for conse(uences that can be foreseen. Ian Dominic Pua)O-li(a"ion! and Con"rac"!+. Joyce Vidad  EDP: Alnai a Ha!!iman.San Beda College of Law 242 MEMORY AID IN CIVIL LAW b. . the pecuniary conse(uences which the law imposes for the breach of some duty or violation of some rights.. 2.  E3tent of Da"ages: Not exceeding triple the amount of the transaction. S#a Eli.. and . Bisstatements or Omission of statement of a material fact re(uired to be stated  #efendants are free from liability if they can prove that at the time of the ac(uisition the plaintiff 3new of the untrue statement or if he was aware of the falsity. intimidation .  Balice is not essential. DAMAGES DAMAGE  The detriment. but for as long as no legal injury or wrong has been done. there is no liability. R#odora *errer). or in labor.CHAIRPERSON: Vida Bocar. 2ule under Article . years after discovery of facts constituting the cause of action and within 1 yrs after such cause of action accrued. 'a $orporation 0?%=I'1A+  #efendant cannot be held liable for more than the amount for which the contracting party who was induced to brea3 the contract can be held liable.  Ele"ents of ri5ilege to interfere *"The defendant<s purpose is a justifiable one. /i(aya Ali&ao)Tor"! and Dama(e!+.  The existence of a contract is necessary and the breach must occur because of the alleged act of interference6 No action can be maintained if the contract is void. machination or any unjust or oppressive or highhanded method shall give rise to a right of action by a person who thereby suffers damage. DAMAGES  The pecuniary compensation. 9raudulent Transactions b. !Article 27 Civil Code" CIVIL LAW COMMITTEE  CHAIRPERSON: Romuald Padilla  ASST.. interference of the third person without legal justification.  Cnfair $ompetition in agricultural. Doro"#y $ayon  S%BJECT HEADS: C#ri!"o&#er Rey 'ara!i(an )Per!on! and *amily Rela"ion!+. interference c. commercial.a# Dumama)Sale! and /ea!e+.andro Ca!a-ar)Pro&er"y+. . 2ule in #aywalt vs. Interference <it/ ros ecti5e ad5antage  It is a tort committed when there is no contract yet and the defendant is only being sued for inducing another not to enter into a contract.

Exemplary or corrective A. 247 SCRA 331"  %roof of pecuniary loss is necessary to successfully recover actual damages from the defendant. Rica!ion Tu(adi )Con1lic"! o1 /a2+ . he must establish that such injuries resulted from a breach of duty which the defendant owed to the plaintiff. Injury to the plaintiff<s business standing or commercial credit. the Da"age 'oss. C#ri!"o&#er Ca-i(ao)Credi" Tran!ac"ion!+. Cncertainty as to the precise amount is not necessarily fatal. is left to the discretion of the court according to the circumstances of each case. /i(aya Ali&ao)Tor"! and Dama(e!+.CHAIRPERSON: Vida Bocar. Actual or $ompensatory . LOSS O+ EARNING CA(ACIT-:  -aria:les considered are( *. Doro"#y $ayon  S%BJECT HEADS: C#ri!"o&#er Rey 'ara!i(an )Per!on! and *amily Rela"ion!+. To recover damages. Li(uidated /.  The assessment of such damages. Temperate or moderate 1. Ian Dominic Pua)O-li(a"ion! and Con"rac"!+. It is not necessary that such damages have been foreseen or could have reasonably foreseen by the defendant.a# Dumama)Sale! and /ea!e+. R#odora *errer). the amount of loss must not only be capable of proof but must actually be proven. Joyce Vidad  EDP: Alnai a Ha!!iman. An"#ony Pur(anan)/TD+. life expectancy . Kinds of da"ages 'MANTLE) *. nominal. NOTE:  'ife expectancy is computed as follows@ D 0?2 3 'EB%age at deat/) F  Net earnings is the total of the earnings less expenses necessary for the creation of such earnings and less living or other incidental expenses. net incomeIearnings +or"ula@ L. CA. 'a.. except li(uidated ones. S#a Eli. &ucro cessante 8 failure to receive as a benefit that would have pertained to him CIVIL LAW COMMITTEE    defendant shall be liable for all damages which are the natural and probable conse(uences of the act and omission complained of.8age of death"M x mo. :arnings x *.. Loss of rofits  Bay be determined by considering the average profit for the preceding years multiplied by the number of years during which the business was  CHAIRPERSON: Romuald Padilla  ASST. Jo#n S"e&#en 0uiam-ao)PAT+. No proof of pecuniary loss is necessary in case of moral.San Beda College of Law 243 MEMORY AID IN CIVIL LAW  There can be damage without injury.  In crimes and (uasi4delict.  Classification: *.ill! and Succe!!ion+. !7aritua vs.. hurt or harm which results from the injury Da"ages The recom4 pense or compensation awarded for the damage suffered NOTES:  A complaint for damages is a personal action. . ACT$AL OR COM(ENSATORDAMAGES  $omprehends not only the value of the loss suffered but also that of the profits which the obligee failed to obtain. Ale. !Article 2202 Civil Code" The amount should be that which would put plaintiff in the same position as he would have been if he had not sustained the wrong for which he is now getting his compensation or reparation. 'a. li(uidated or exemplary damages.  In order that a plaintiff may maintain an action for the injuries of which he complains. temperate.I0 x !A. Nominal -.. . =ano e ergente 8 loss of what a person already possesses . 'oss or impairment of earning capacity in cases of temporary or permanent personal injury. In>ur* 'egal invasion of a legal right NOTE: The latter type includes@ *. Moral 0.andro Ca!a-ar)Pro&er"y+.

the interest due shall itself earn legal interest from the time it is judicially demanded. social humiliation.N per annum from such finality until its satisfaction. 5hen the judgment of the court awarding the sum of money becomes final and executory. S#a Eli.  No proof of pecuniary loss is necessary.a# Dumama)Sale! and /ea!e+. The factual basis for moral damages6 and . .  No interest shall be adjudged on unli(uidated claims or damages. Rica!ion Tu(adi )Con1lic"! o1 /a2+ . moral shoc3.. Jo#n S"e&#en 0uiam-ao)PAT+. The interest due should be that which may have been stipulated in writing6 furthermore. i.  %laintiff must allege the basis of his claim for attorney<s fees in the complaint6 the basis should be one of the ** cases specified in Article 2208 o9 t"e Civil Code. Its causal relation to the defendant<s act $)C$!*+. R#odora *errer).%( Boral damages may be awarded to the victim in criminal proceedings without the need for pleading of proof of the basis thereof. 'a. 'a. Doctrine of A5oida1le Conse!uences Acts of the plaintiff occur after the act or omission of the defendant Contri1utor* Negligence %laintiff<s act or omission occurs before or at the time of the act or omission of the defendant . the rate of legal interest shall be *. 5hen the obligation is breached and it consist of payment of sum of money. 5hen the obligation. /i(aya Ali&ao)Tor"! and Dama(e!+. and similar injury. An"#ony Pur(anan)/TD+.CHAIRPERSON: Vida Bocar. Ian Dominic Pua)O-li(a"ion! and Con"rac"!+. a loan or forbearance of money@ a. In the absence of stipulation. except when or until demand can be established with reasonable certainty. Attorne*@s fees  They are actual damages. 0.e. besmirched reputation. Doro"#y $ayon  S%BJECT HEADS: C#ri!"o&#er Rey 'ara!i(an )Per!on! and *amily Rela"ion!+. b.  Doctrine of A5oida1le Conse!uences  A party cannot recover damages flowing from conse(uences which the party could reasonably have avoided. fright.. not constituting a loan or forbearance or money. G$%$RA& R'&$( The plaintiff must allege and prove@ *. Interests  Award of interest in the concept of actual and compensatory damages actual damages. Joyce Vidad  EDP: Alnai a Ha!!iman.andro Ca!a-ar)Pro&er"y+. is breached@  An interest on the amount of damages to be awarded may be imposed at the discretion of the court at the rate of /N per annum. mental anguish. from judicial or extra4 judicial demand under and subject to the provisions of Article **/? of the $ivil $ode. the interest shall begin to run from the time the claim is made judicially or extrajudicially.  The rate of interest. MORAL DAMAGES  Includes physical suffering. i..N per annum to be computed from default. 5here the demand is established with reasonable certainty.e...San Beda College of Law 244 MEMORY AID IN CIVIL LAW affected by the wrongful act or breach. Ale. C#ri!"o&#er Ca-i(ao)Credi" Tran!ac"ion!+. as well as the accrual thereof is imposed as follows@ *. wounded feelings. It is due to the plaintiff and not to the counsel.ill! and Succe!!ion+. Re!uisites for a<ard of "oral da"ages: CIVIL LAW COMMITTEE  CHAIRPERSON: Romuald Padilla  ASST. serious anxiety. the rate of interest shall be *.  It has a reasonable corollary@ a person who reasonably attempts to minimiGe his damages can recover the expenses that he incurred.

which are more than nominal but less than compensatory.CHAIRPERSON: Vida Bocar. suffered but its amount cannot be proved with certainty. They cannot be recovered as a matter of right. clearly sustained by the claimant6 .andro Ca!a-ar)Pro&er"y+. C#ri!"o&#er Ca-i(ao)Credi" Tran!ac"ion!+. Doro"#y $ayon  S%BJECT HEADS: C#ri!"o&#er Rey 'ara!i(an )Per!on! and *amily Rela"ion!+.. Jo#n S"e&#en 0uiam-ao)PAT+. LI#$IDATED DAMAGES  Those agreed upon by the parties in a contract. temperate.  CHAIRPERSON: Romuald Padilla  ASST. It cannot therefore experience physical suffering and mental anguish which can be experienced only by one having a nervous system. NOTE: The award of moral damages cannot be granted in favor of a corporation because.. NOMINAL DAMAGES  Nominal damages are adjudicated in order that a right of the plaintiff.a# Dumama)Sale! and /ea!e+.ill! and Succe!!ion+. in addition to the moral. to be paid in case of breach thereof..  'aw presumes damage although actual or compensatory damages are not proven. 'a. and may be recovered when the court finds that some pecuniary loss has been CIVIL LAW COMMITTEE +. Ian Dominic Pua)O-li(a"ion! and Con"rac"!+.  Nominal damages cannot co4exist with actual or compensatory damages.  Re!uisites for t/e a<ard of e3e" lar* da"ages: *. li(uidated or compensatory damages. no emotions. !Article. may be vindicated or recogniGed.. Joyce Vidad  EDP: Alnai a Ha!!iman.* $ivil $ode"  &mall sums fixed by the court without regard to the extent of the harm done to the injured party. !Article 2220 Civil Code" In cases where the resulting injury might be continuing and possible future complications directly arising from the injury. EGEM(LARDAMAGES OR CORRECTI:E  Imposed by way of example or correction for the public good. Ale. being an artificial person. TEM(ERATE OR MODERATE DAMAGES  These are damages. &uch act or omission is the proximate cause of the injury6 -. D. mental or psychological. The damages is predicated on the cases cited in Art.6 0. while certain to occur are difficult to predict. There must be an injury whether physical.San Beda College of Law 245 MEMORY AID IN CIVIL LAW *. fraudulent. no senses. it has no feelings. their determination depending upon the amount of compensatory damages that may be awarded6 0. which has been violated or invaded by the defendant. C. oppressive or malevolent manner. 'a. temperate damages can and should be awarded on top of actual or compensatory damages6 in such cases there is no incompatibility between actual and temperate damages.. An"#ony Pur(anan)/TD+. S#a Eli.  E. Rica!ion Tu(adi )Con1lic"! o1 /a2+ . The act must be accompanied by bad faith or done in wanton. There must be a culpable act or omission. R#odora *errer).  They are damages in name only and are allowed simply in recognition of a technical injury based on a violation of a legal right.*?. /i(aya Ali&ao)Tor"! and Dama(e!+. They are imposed by way of example in addition to compensatory damages and Imposed only after the claimants right to them has been established6 . and not for the purpose of indemnifying the plaintiff for any loss suffered by him..