Professional Documents
Culture Documents
Vinculum
Juris
QUASI DELICT
DELICT
Negligent act/ omission Act/omission
(culpa, imprudence)
committed
by
means of dolo
(deliberate,
malicious, in bad
faith)
Proof Needed
Preponderance
evidence
Defense
available
Exercise
of Exercise of diligence of
extraordinary
good father of a
diligence
(in
family
in
the
contract
of
selection
and
carriage),
Force
supervision
of
Majeure
employees
Pre-existing
contract
Burden
proof
of Preponderance
evidence
of Proof
beyond
reasonable doubt
No
pre-existing
contract
QUASI-DELICT
of Solidary
DELICT
Subsidiary
C I V I L L AW ( T O R T S ) MEMORY AID
Effect of judgement
of acquittal in a
criminal
case
involving
same
act/omission
Not a bar to
EXCEPT
pronounces
from which
existent
C I V I L L AW ( T O R T S ) MEMORY AID
But action must still be judged by the standard of the ordinary prudent man
Absence of forseeability
One who voluntarily assumed the risk of an injury from a known danger
cannot recover in an action for negligence or an injury is incurred
by
law/contract/depends
on
C I V I L L AW ( T O R T S ) MEMORY AID
- 4 years
- 1 year
When no specific provision, must be counted from the day they may be brought
12. PROSCRIPTION AGAINST DOUBLE RECOVERY - Responsibility for fault
or negligence under quasi-delict is entirely separate and distinct from civil action
arising from the RPC but plaintiff cannot recover damages 2x for same act or
omission of the defendant
13. ACT OR OMISSION IS NOT THE PROXIMATE CAUSE OF THE
DAMAGE
14. OTHER GROUNDS MOTION TO DISMISS
a. lack of jurisdiction over person of defendant
b. lack of jurisdiction over subject matter
c. venue improperly laid
d. plaintiff has no legal capacity to sue
e. there is another action pending between same parties for same cause
f. cause of action is barred by prior judgement /statute of limitations
g. pleading asserting claim states no cause of action
h. claim set forth in pleading has been paid, waived, abandoned,
extinguished
i. claim is unenforceable under the provision of statute of fraud
j. condition precedent for filing claim has not been complied with
F. PERSONS LIABLE FOR QUASI DELICT
1. TORTFEASOR - Whoever by act or omission causes damage to another, there being
no fault or negligence is obliged to pay for the damage done (art 2176).
2.
C I V I L L AW ( T O R T S ) MEMORY AID
C I V I L L AW ( T O R T S ) MEMORY AID
Issues:
1. whether or not schools are liable?
gen rule: schools are not liable as party defendants
exception:
a) FC 218 schools are expressly made liable
b) St. Francis case ruling schools liability as employer
c) PSBA case ruling school has liability based on contract
So that
a) if culprit is a teacher, follow St. Francis ruling (sue school as employer)
b) if culprit is a stranger, follow PSBA ruling (sue school based on
contract)
c) if culprit is a student - apply 2180
2. does 2180 apply to school of arts & trades only?
No. applies to all including academic institution per weight of jurisprudence
based on obiter of Justice JBL Reyes in the Exconde case
3. basis of liability of teacher principle of loco parentis (stand in place of
parents)
4. so long as they remain in their custody
not literal anymore; before: boarding & living with teacher due to
peculiar characteristic of trade & arts school
C I V I L L AW ( T O R T S ) MEMORY AID
iii.
C I V I L L AW ( T O R T S ) MEMORY AID
iv.
v.
ii.
iii.
ii.
ii.
iii.
C I V I L L AW ( T O R T S ) MEMORY AID
2. UNJUST ENRICHMENT
- Arts. 22, 23, 2142 & 2143
- Art. 25; thoughtless extravagance for pleasure or display during a period of public want
or emergency
4. VIOLATION OF RIGHT OF PRIVACY AND FAMILY RELATIONS
Art 26 - every person shall respect the dignity, personality, privacy and peace of
mind of his neighbors and other persons.
The ff. acts though they may not constitute a criminal offense, shall produce a cause
of action for damages, prevention and other relief:
i.
iii.
iii.
iv.
C I V I L L AW ( T O R T S ) MEMORY AID
7. MALICIOUS PROSECUTION
ELEMENTS;
a. that the defendant was himself the prosecutor/ he instigated its
commencement
b. that it finally terminates in his acquittal
c. that in bringing it the prosecutor acted without probable cause, and
d. that he was actuated by legal malice, that is, by improper and sinister motive
8. VIOLATION OF RIGHTS AND LIBERTIES OF ANOTHER PERSON
9. NUISANCE
a. DEFINITION - any act, omission, establishment, condition of property, or
anything else which:
i.
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C I V I L L AW ( T O R T S ) MEMORY AID
i.
ii.
iii.
iv.
ii.
iii.
iv.
H. DAMAGES
Kinds of Damages: (MENTAL)
MORAL
EXEMPLARY
NOMINAL
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C I V I L L AW ( T O R T S ) MEMORY AID
TEMPERATE
ACTUAL
LIQUIDATED
1. ACTUAL/COMPENSATORY
- adequate compensation for
a) the value of loss suffered
b) profits which obligee failed to obtain
Exception:
a. provided by law
b. by stipulation
WHAT MUST BE DONE TO COLLECT ACTUAL DAMAGES:
1.) Plead or allege the loss
GENERAL DAMAGE - natural, necessary and logical consequences of a
particular wrongful act which result in injury; need not be specifically
pleaded because the law itself implies or presumes that they resulted from
the wrongful act
SPECIAL DAMAGES - damages which are the natural, but not the
necessary and inevitable result of the wrongful act; need to be pleaded
2.) Pray for the relief that claim for loss be granted
3.) Prove the loss
WHEN LOSS NEED NOT BE PROVED:
1.) Liquidated damages previously agreed upon; liquidated damages take the
place of actual damages except when additional damages incurred
2.) If damages other than actual are sought
3.) Loss is presumed (ex: loss if a child or spouse)
4.) Forfeiture of bonds in favor of the government for the purpose of
promoting public interest or policy (ex: bond for temporary stay of alien)
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C I V I L L AW ( T O R T S ) MEMORY AID
defendant is liable for all damages that are natural and probable consequence of the act/omission
complained of
not necessary that damages have been forseen or could have been reasonably forseen
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C I V I L L AW ( T O R T S ) MEMORY AID
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C I V I L L AW ( T O R T S ) MEMORY AID
h. Serious anxiety
Notes:
The social and economic/financial standing of the offender and the offended
party should be taken into consideration in the computation of moral damages
Moral damages is awarded only to enable the injured party to obtain means,
diversions or amusements that will serve to alleviate the moral suffering he
has undergone, by reason of defendant's culpable action and not intended to
enrich a complainant at the expense of defendant
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C I V I L L AW ( T O R T S ) MEMORY AID
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