TORTS & DAMAGES CIVIL LAW

Torts and Damages

TABLE OF CONTENTS
Title 1. Torts 271
I. In General 271
II. Negligence Torts 272
III. Intentional Torts 280
IV. Other Torts 281
V. Strict Liability Tort 282
VI. Torts with Independent Civil Action 285
VII. Civil Liability Arising from Crime 287

Title 2. Damages 288

I. Definition and Concept 288
II. Kinds of Damages 288

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D. How is a quasi delict different from a

TORTS crime?

Quasi-delict
Crime
public interest private concern
I. IN GENERAL
RPC punishes and CC repairs the
corrects the act damage by
A. What is a TORT? indemnification
punishes only includes all acts in
Essentially, "tort" consists in the violation of a when there is a which "any kind of
right given or the omission of a duty imposed penal law fault or negligence
by law. Tort is a breach of a legal duty. covering the act intervenes."
(Naguiat vs. NLRC) subsidiary liability solidary liability of
of employer employer
A tort is civil wrong, other than breach of ERs defense is ERs defense is that
contract, for which a court of law will afford a that employees accused observed due
remedy in the form of an action for damages. resources must diligence of a good
first be exhausted father of a family
Elements: (Barredo vs. Garcia)

1) A legal duty Acquittal from an accusation of criminal

2) Breach negligence, whether on reasonable doubt or
3) Causation not, shall not be a bar for a subsequent civil
4) Damage action, not for civil liability arising from the
criminal act, but for damages due to a quasi-
delict. (Elcano vs. Hill, 1977)
B. What is a QUASI-DELICT?

Whoever by act or omission causes damage to E. What is the relation of quasi-delict to

another, there being fault or negligence, is breach of contract and delict?
obliged to pay for the damage done. Such
fault or negligence, if there is no pre-existing CONTRAC QUASI DELICT
contractual relation between the parties, is T DELICT
called a quasi-delict and is governed by the Vinculu Contract Negligent Act/omis
provisions of the Civil Code Chapter on quasi- m Juris act/ sion
delicts. (Art. 2176) omission committ
(culpa, ed by
Elements: imprudence) means
of dolo
1) Act or omission (delibera
2) Damage or injury is caused to another te,
3) Fault or negligence is present maliciou
4) There are no pre-existing contractual s, in bad
relations between the parties faith)
5) Causal connection between damage Proof Preponder Preponderan Proof
done and act/omission Neede ance of ce of beyond
d evidence evidence reasona
C. What is the relation of quasi- ble
delict to tort? doubt
Defens Exercise of Exercise of
e extraordin diligence of
Quasi-delict, known in Spanish legal treatises
availab ary good father
as culpa aquiliana, is a civil law concept while
le diligence of a family
torts is an Anglo-American or common law
(in in the
concept. Torts, in common law, embrace both
contract of selection
delicts and quasi-delicts. Quasi-delict is
carriage), and
seemingly a refinement of the torts concept in
Force supervision
that it refers particularly to wrongful,
Majeure of
negligent, injurious acts outside the ambit of
employees
penal laws.
Pre- There is No pre- No pre-
Our concept of culpa aquilania embraces both existin pre- existing existing
negligent and intentional acts. (Barredo vs. g existing contract contract
Garcia) contra contract

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TORTS & DAMAGES CIVIL LAW

ct 3. And most commonly, good father of

Burden Contractu Victim. Prosecut the family or bonus paterfamilias
of proo al party. Prove the ion.
f Prove the ff.: Accused A standard of extraordinary diligence is
ff.: is imposed by law in certain situations, such as
presume in the case of a common carrier.
1. damage
1. existen 2. negligen d
ce of a ce innocent E. What is the emergency rule?
contra 3. causal until the
ct connecti contrary Under the "emergency rule," an individual
2. on is who suddenly finds himself in a situation of
breach between proved. danger and is required to act without much
negligen time to consider the best means that may be
ce and adopted to avoid the impending danger, is not
damage guilty of negligence if he fails to undertake
done what subsequently and upon reflection may
appear to be a better solution, unless the
emergency was brought by his own
F. What are some classifications of tort? negligence. (Valenzuela vs. CA)
1. Negligence tort
2. Intentional tort
3. Strict liability tort F. Who has the burden of proving
4. Other Torts (Human relations torts) negligence?

Generally, it is the plaintiff or injured party. In

cases where the law creates a presumption of
II. NEGLIGENCE TORT negligence, such as for common carriers or for
persons vicariously liable, the burden is then
A. What are the elements of negligence placed on the defendant.
tort (Art. 2176)?

1. Legal duty
2. Breach G. When is negligence presumed?
3. Causation
4. Damage In motor vehicle mishaps:

B. What is NEGLIGENCE? a) A driver was negligent, if he had been

Negligence is lack of due care required by a
particular situation, conduct which falls below
the standard required by law. (US vs. Barias,
1912)
An accident pertains to an unforeseen event in
which no fault or negligence attaches to the
defendant. (Jarco Marketing vs. CA, 1999)
C. What is the relation of negligence to the
elements of negligence tort?
Negligence is the breach (element no. 2) of
the legal duty (element no. 1) to observe a
certain standard of conduct in a particular
situation.
D. What are the tests of negligence?
Since negligence is the lack of due care
required by the circumstances, the test is
whether due care was observed.
found guilty of
1. reckless driving OR
2. violating traffic regulations at
least twice within the next
preceding two months. (Art.
2184)
b) Driver has been negligent if at the time
of the mishap, he was violating any
traffic regulation. (Art. 2185)
Other cases:
There is prima facie presumption of
negligence on the part of the DEFENDANT if
the death or injury results from his possession
of dangerous weapons or substances, such as
firearms and poison, EXCEPT when the
possession or use thereof is indispensable in
his occupation or business. (Art. 2188)
Elsewhere, the Civil Code provides for other
instances where negligence is presumed.
Example: Art. 1756 regarding common
carriers.

1. Ordinarily prudent man;

2. Reasonable man;

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TORTS & DAMAGES
H. What is RES IPSA LOQUITUR?
The doctrine of res ipsa loquitur (the thing
speaks for itself) states that the happening of
an injury permits an inference of negligence
where plaintiff produces substantial evidence
that injury was caused by an agency or
instrumentality under exclusive control and
management of defendant, and that the
occurrence was such that in the ordinary
course of things would not happen if
reasonable care had been used. (Layugan vs.
IAC)
To be applicable, res ipsa loquitur requires:
1) Evidence of the specific acts of
negligence is absent and not readily
available;
2) The accident is of a kind which does
not necessarily occur unless someone
is negligent;
3) The instrumentality which caused the
injury was under the exclusive control
of the person in charge; and
4) The injury suffered must not have been
due to any voluntary action or
contribution of the injured person.
In this jurisdiction, res ipsa loquitur is not a
rule of substantive law but a mere evidentiary
rule. Mere invocation and application of the
doctrine does not dispense with the
requirement of proof of negligence.
Prof. Services Inc. vs. Agana
For purposes of apportioning
responsibility in medical negligence cases, an
employer-employee relationship in effect exists
between hospitals and their attending and
visiting physicians. The control test is
determinative.
Recent years have seen the doctrine of
corporate negligence as the judicial answer to
the problem of allocating hospitals liability for
the negligent acts of health practitioners,
absent facts to support the application of
respondeat superior or apparent authority. Its
formulation proceeds from the judiciarys
acknowledgment that in these modern times,
the duty of providing quality medical service is
no longer the sole prerogative and
responsibility of the physician.
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I. What is CAUSATION?
Causation is the bringing about of a result,
and a necessary element in establishing legal
liability.
J. What is PROXIMATE CAUSE?
Proximate legal cause is that acting first and
producing the injury, either immediately or by
setting other events in motion, all constituting a
natural and continuous chain of events, each
having a close causal connection with its
immediate predecessor, the final event in the
chain immediately effecting the injury as a
natural and probable result of the cause which
first acted, under such circumstances that the
person responsible for the first event should, as
an ordinarily prudent and intelligent person,
have reasonable ground to expect at the
moment of his act or default that an injury to
some person might probably result. (Vda. De
Bataclan vs. Medina, 1957)
A prior and remote cause cannot be made the
basis of an action if such remote cause did
nothing more than furnish the condition and
give rise to the occasion by which the injury
was made possible, if there intervened
between such prior or remote cause and the
injury, a distinct, successive, unrelated and
efficient cause of the injury, even though such
injury would not have happened for such
condition or occasion. If no danger existed in
the condition except because of the
independent cause, such condition was not
the proximate cause and if an independent
negligent act which results in injury because
of the prior defective condition, such
subsequent act or condition is the proximate
cause. (Manila Electric Co. vs. Remoquillo,
1956)
K. What is the relation of proximate cause
to the elements of negligence tort?
The most basic element of any tort action is the
causal connection between the act or omission
of the tortfeasor and the plaintiffs injury such
that without it, no action will prosper.
L. When is proximate cause presumed?
RULE: Injured party must show that the
violation of the enactment is the proximate
cause of his injury or that it substantially
contributed to it.
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EXCEPTION: However, the character and
purpose of a particular statute may be such
that the courts will deem a reasonable
connection between the injury and the
violation sufficient to award damages based
on negligence. In this case, proximate cause
is presumed and the injured party need not
establish proximate cause in the traditional
sense.
If the very injury which a particular statute
intends to prevent happens, the violation of
the statute is presumed to be, the proximate
cause of the injury. The violation of ordinance
intended to promote safety is in itself
negligence. (Teague vs. Fernandez)
M. Is the presumption that the violation of
the statute is the proximate cause
disputable?
It depends.
DISPUTABLE in the ff. cases:
violation creates a prima facie case of
negligence
violation constitutes evidence of
negligence
The defense that the violation was either
justifiable or excusable under the
circumstances of the case is available. The
legal grounds or excuse for violation of a
statute:
1. Anything that would make complying
with the statute IMPOSSIBLE;
2. Anything over which the defendant has
NO CONTROL and places him in a
position contrary to that required by
the statute;
3. An EMERGENCY not of the defendants
making causing him to violate the
statute; and
4. Conduct that is precisely excused or
EXEMPTED by the statute.
CONCLUSIVE: It is not available in cases
where the statute provides for negligence per
se.
N. What is NEGLIGENCE PER SE?
Negligence per se is the legal doctrine
whereby certain acts are considered
intrinsically negligent. It is the law that
determines which acts constitute negligence
per se. (Anonuevo vs. CA, 2004)
Illustration: The law requires registration of
service and repair enterprises for motor
vehicles. There is thus a statutory duty
imposed on petitioner and it is for his failure
to comply with this duty that he was guilty of
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negligence rendering him liable for damages
to private respondent for the destruction of
the car which was serviced by the petitioner
due to the fire. (Cipriano vs. CA, 1996)
O. What Civil Code provisions on
obligations are applicable in quasi-delict?
The provisions of Articles 1172 to 1174 are
also applicable to a quasi-delict. (Art. 2178)
Art. 1172. Responsibility arising from
negligence in the performance of every kind of
obligation is also demandable, but such
liability may be regulated by the courts,
according to the circumstances.
Art. 1173. The fault or negligence of the
obligor consists in the omission of that
diligence which is required by the nature of
the obligation and corresponds with the
circumstances of the persons, of the time and
of the place. When negligence shows bad
faith, the provisions of Articles 1171 and
2201, paragraph 2, shall apply.
If the law or contract does not state the
diligence which is to be observed in the
performance, that which is expected of a good
father of a family shall be required.
Art. 1174. Except in cases expressly specified
by the law, or when it is otherwise declared by
stipulation, or when the nature of the
obligation requires the assumption of risk, no
person shall be responsible for those events
which could not be foreseen, or which, though
foreseen, were inevitable.
Art. 1171. Responsibility arising from fraud is
demandable in all obligations. Any waiver of
an action for future fraud is void.
Art. 2201, par.2
In case of fraud, bad faith, malice or wanton
attitude, the obligor shall be responsible for all
damages which may be reasonably attributed
to the non-performance of the obligation.
P. What are some of the defenses to
prevent or mitigate negligence tort
liability?
1. I was not negligent. I exercised due
diligence. (Art. 2176)
2. Even if I was negligent, it was not the
proximate cause of the damage. (Art.
2176)
3. There was no damage. (Art. 2176)
4. I was not negligent. What happened
was a fortuitous event.
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RULE: No person shall be seen responsible for
those events which, could not foreseen, or
which, though foreseen, were inevitable.
EXCEPTIONS (LAS):
1. Cases expressly specified by law
2. Nature of obligation requires assuming
the risk
3. Cases declared by stipulation (Art.
1174)
Q. What is a FORTUITOUS EVENT?
A fortuitous event presents the following
essential characteristics:
1. The cause of the unforeseen and
unexpected occurrence, or the failure
of the debtor to comply with his
obligation, must be independent of the
human will;
2. It must be impossible to foresee the
event or if it can be foreseen, it must
be impossible to avoid;
3. The occurrence must be such as to
render it impossible for the debtor to
fulfill his obligation in a normal manner
and
4. The obligor (debtor) must be free from
any participation in the aggravation of
the injury resulting to the creditor.
(Juntillla vs. Fontanar, 1985)
DEFENSES
The plaintiff voluntarily assumed the risk. Volenti non fit injuria.
What is the maxim of VOLENTI NON FIT INJURIA?
RULE: The maxim volenti non fit injuria
states that when a person voluntarily assents
to a known danger, he must abide by the
consequences.
Illustration: The owner of an animal is
answerable only for damages caused to a
stranger, and that for damage caused to the
caretaker of the animal. A caretaker of
animals voluntarily assumes the risks of his
occupation. The owner would be liable only if
he had been negligent or at fault under article
1902 of the Civil Code. (Afialde vs. Hisolde)
EXCEPTION: If an emergency is found to
exist or if the life or property if another is in
peril or when he seeks to rescue his
endangered property. (Ilocos Norte Electric
Company vs. CA, 1989)
I was just exercising my rights.
Damnum absque injuria.
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What is the maxim of DAMNUM ABSQUE
INJURIA?
If damage results from a person's exercising
his legal rights, it is damnum absque injuria.
Since conjunction of damage and wrong is
absent, damage sustained is not actionable.
Damage v. Injury
INJURY is the illegal invasion of a legal
right;
DAMAGE is the loss, hurt, or harm which
results from the injury; and
DAMAGES are the recompense or
compensation awarded for the damage
suffered.
Thus, there can be damage without injury
in those instances in which the loss or
harm was not the result of a violation of a
legal duty. These situations are often
called damnum absque injuria. In order
that a plaintiff may maintain an action for
the injuries of which he complains, he must
establish that such injuries resulted from a
breach of duty which the defendant owed
to the plaintiff. There must be damnum et
injuria. (Custodio vs. CA)
I was negligent and I am the proximate
cause of the damage but the plaintiff
was guilty of contributory
negligence.
What is the effect of plaintiffs negligence
on his right to recover?
IF it is the immediate and proximate CAUSE of
his injury, he CANNOT recover damages.
IF only CONTRIBUTORY, the immediate and
proximate cause of the injury being the
defendant's lack of due care, the plaintiff may
recover damages, but the courts shall
MITIGATE the damages to be awarded. (Art.
2179)
I was negligent and I am the proximate
cause of the damage, but I already
paid.
Responsibility for fault or negligence under
the preceding article is entirely separate and
distinct from the civil liability arising from
negligence under the Penal Code. BUT THE
PLAINTIFF CANNOT RECOVER DAMAGES
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TWICE FOR THE SAME ACT OR OMISSION OF
THE DEFENDANT. (Art. 2177)
Article 2177 of the Civil Code forbids ACTUAL
double recovery of damages for the same
negligent act or omission. Hence, an award of
damages in a civil case does not preclude an
award of damages in the subsequent criminal
case. (Padua vs. Robles)
I was negligent but the defendant had
the last clear chance.
What is the doctrine of LAST CLEAR
CHANCE?
The doctrine of last clear chance (also
supervening negligence or discovered
peril) states that where both parties are
negligent, but the negligent act of one is
appreciably later in time than that of the
other, or when it is impossible to determine
whose fault or negligence should be attributed
to the incident, the one who had the last clear
opportunity to avoid the impending harm and
failed to do so is chargeable with the
consequences thereof. An antecedent
negligence of a person doesnt preclude the
recovery of damages for the supervening
negligence of, or bar a defense against liability
sought by another, if the latter, who had the
last fair chance, could have avoided the
impending harm by the exercise of due
diligence. (PBCom vs. CA, 1997)
Illustration: A calesa being driven on the
road side of the road and a car converged on
a bridge. A collision was averted when the car
swerved suddenly but the calesa still fell of
the bridge. Although the plaintiff was guilty of
negligence in being in the wrong side of the
bridge, the defendant was nevertheless civilly
liable for the legal damages resulting from the
collision, as he had a fair opportunity to avoid
the accident after he realized the situation
created by the negligence of the plaintiff and
failed to avail himself of that opportunity;
while the plaintiff could by no means then
place himself in a position of greater safety.
(Picart vs. Smith, 1918)
Last clear chance is inapplicable in culpa
contractual. (Consolidated Bank vs. CA,
2003)
Waiver
What is the test of validity of a waiver?
A waiver, to be valid and effective, must be
couched in CLEAR and UNEQUIVOCAL TERMS
which leave no doubt as to the INTENTION of
a person to give up a right or benefit which
legally pertains to him. (Gatchalian vs.
Delim, 1991)
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Prescription
- 4 years for Quasi-Delict (Art. 1146)
- 1 year for defamation (Art. 1147)
PERSONS LIABLE
A. Who is liable for the obligation
imposed by Article 2176?
The obligation imposed by Article 2176 is
demandable from:
1. one's own acts or omissions,
2. acts or omissions of persons for whom
one is responsible. (Art. 2180)
A tortfeasor (liable directly or vicariously)
may be a natural or a juridical person.
B. What is VICARIOUS LIABILITY?
Vicarious liability is the imposition of liability
on one person for the actionable conduct of
another, based solely on a relationship
between the two persons. The liability is
primary and solidary. (Blacks Law
Dictionary)
Extra-contractual liability of this kind has been
limited to cases wherein moral culpability
can be directly imputed to the person
charged.
BASES:
a. Doctrine of Imputed Negligence
This doctrine places upon one person the
responsibility for anothers negligence.
b. Respondeat superior
It means nothing more than look to the man
higher up, (usually the employer or person
under whose control the tortfeasor was under)
which is a manifestation of vicarious liability.
c. Bonus paterfamilias.
The relationship of pater familias is the basis
of civil law liability, particularly for an
employer. It is a defense for all instances of
vicarious liability based on Art. 2180.
C. Who are liable vicariously?
a. The FATHER and, in case of his death
or incapacity, the MOTHER, are
responsible for the damages caused by
the minor children who live in their
company.
b. GUARDIANS are liable for damages
caused by the minors or incapacitated
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persons who are under their authority
and live in their company.
c. The OWNERS and MANAGERS of an
establishment or enterprise are
likewise responsible for damages
caused by their employees in the
service of the branches in which the
latter are employed or on the occasion
of their functions.
d. EMPLOYERS shall be liable for the
damages caused by their employees
and household helpers acting within
the scope of their assigned tasks, even
though the former are not engaged in
any business or industry.
C. Who are liable vicariously? (continued)
e. The STATE is responsible in like
manner when it acts through a special
agent; but not when the damage has
been caused by the official to whom
the task done properly pertains, in
which case what is provided in Article
2176 shall be applicable.
f. Lastly, TEACHERS or HEADS of
establishments of arts and trades shall
be liable for damages caused by their
pupils and students or apprentices, so
long as they remain in their custody.
(Art. 2180)
REQUISITES for liability to attach:
Parents (mnemonic: 21 + Authority &
Company):
1. The child is below 21 years old
2. The child is under the parental
authority of the parents
3. The child is living in the company of
the parents
Guardians (mnemonic: Authority &
Company)
1. The ward if minor is below 21 years
old. If Incapacitated, the guardian is
liable for the acts of the ward
regardless of the latters age.
The child is under the parental
authority of the parents
2. The tortfeasor is under his authority
3. The tortfeasor is living in his company
Is a minor or insane tortfeasor with NO
parent or guardian liable?
Yes. He shall be answerable with his own
property in an action against him where a
guardian ad litem shall be appointed. (Art.
2182)
Owners and managers of establishments
or enterprises

Rule on Construction: Because it imposes Who are For Requisites

strict liability, Art. 2180 should be interpreted liable whose for liability to
strictly and cannot be extended to persons not acts attach
enumerated therein. Owners and Their The damage
managers of an employees was caused in
D. Instances where there is vicarious establishment the service of
or enterprise the branches
liability.
in which the
employees are
Parents and Guardians employed
-OR-
Article 2180 (a) has been REPEALED by Art. The damage
221 of the Family Code. Now, parent(s) was caused on
exercising parental authority is liable for the the occasion of
torts of their children. their functions

Art. 221 (Family Code) PARENTS and
OTHER PERSONS EXERCISING PARENTAL
AUTHORITY shall be civilly liable for the
injuries and damages caused by the acts or
omissions of their unemancipated children
living in their company AND under their
parental authority subject to the appropriate
defenses provided by law.
Despite the lowering of the age of majority
from 21 to 18, parents are still liable for the
torts committed by their children below 21
years of age. (Art 236, par 3 FC, as
amended by RA 6809).
The term owners and managers of an
establishment or enterprise is used in the
sense of an EMPLOYER; hence, managers
cannot be liable since they themselves are
employees of the enterprise.
Art 2180, par 4 may be unnecessary as Art
2180, par 5 already covers the cases under
par 4.
Employers
The liability of an employer is based primarily
on the presumption that he failed to exercise
due diligence in the selection and supervision
of his employees.

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REQUISITES OF LIABILITY:
1) existence of the employer-employee
relationship
2) THE EMPLOYER WAS CHOSEN BY THE
EMPLOYEE;
3) THE WORK BEING PERFORMED WAS IN
ACCORDANCE WITH A VALID ORDER; AND
4) THE ILLICIT ACTS OF THE EMPLOYEE WAS
ON THE OCCASION OR BY REASON OF THE
FUNCTIONS ENTRUSTED TO HIM.
The employer can interpose the defense of
due diligence in selection and supervision of
his employees.
BAR QUESTION
After working overtime up to midnight, Alberto,
an executive of an insurance company drove a
company vehicle to a favorite videoke bar
where he had some drinks and sang some songs
with friends to unwind. At 2:00 a.m., he
drove home, but in doing so, he bumped a
tricycle, resulting in the death of its driver. May
the insurance company be held liable for the
negligent act of Alberto? Why?
Suggested Answer:
The insurance company is not liable because
when the accident occurred, Alberto was not
acting within the assigned tasks of his
employment.
It is true that under Art. 2180 (par. 5) of the
Civil Code, employers are liable for damages
caused by their employees who were acting
within the scope of their assigned tasks.
However, the mere fact that Alberto was using
a service vehicle of the employer at the time
of the injurious accident does not necessarily
mean that he was operating the vehicle within
the scope of his employment. In Castilex
Industrial Corp. vs. Vasquez, Jr. (321 SCRA
393 [1999]), the Supreme Court held that
notwithstanding the fact that the employee
did some overtime work for the company, the
former was, nevertheless, engaged in his own
affairs or carrying out a personal purpose
when he went to a restaurant at 2:00 a.m.
after coming out from work. The time of the
accident (also 2:00 a.m.) was outside normal
working hours.
Alternative Answer:
The insurance company is liable if Alberto was
negligent in the operation of the car and the
car was assigned to him for the benefit of the
insurance company, and even though he was
not within the scope of his assigned tasks
when the accident happened. In one case
decided by the Supreme Court, where an
executive of a pharmaceutical company was
given the use of a company car, and after
office hours, the executive made personal use
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of the car and met an accident, the employer
was also made liable under Art. 2180 of the
Civil Code for the injury caused by the
negligent operation of the car by the
executive on the ground that the car which
caused the injury was assigned to the
executive by the employer for the prestige of
the company. The insurance company was
held liable even though the employee was not
performing within the scope of his assigned
tasks when the accident happened
(Valenzuela vs. CA, 253 SCRA 303 [1996]).
State
General Rule: The State cannot be sued.
(Sec 3, Art XVI, Consti)
Exceptions:
a. There is express legislative consent
b. The State filed the case
Instances where the state gives its
consent to be sued:
a. Art. 2180 (6) is an example of an
express legislative consent. Here, the
State assumes a limited liability for the
acts of its special agents.
b. Art. 2189 provides for state liability for
damages caused by defective condition
of public works.
c. Local Government Code provides for
the liability of local government units
for the for the wrongful exercise of its
proprietary (as opposed to its
governmental) functions. The latter is
the same as that of a private
corporation or individual. (Mendoza vs.
De Leon)
Who is a special agent?
A special agent is
a. A public official required to do a
particular task that is foreign to said
officials usual government functions,
or
B. A PRIVATE INDIVIDUAL WHO IS
COMMISSIONED FOR A SPECIAL GOVERNMENT
TASK.
The agent must be empowered by a definite
order or commission to perform some act.
This act must be the one that gives rise to the
injury claimed. (Merritt vs. Government)
If the States agent is not a public official and
is commissioned to perform non-
governmental functions, then the State
assumes the role of an ordinary employer and
can be held liable for the agents tort.
Does state immunity mean that injured
persons are deprived of remedy?
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TORTS & DAMAGES
No. A regular official is liable under Art 2176
for the damage he causes. But as a rule, even
if injury is caused in the course of the
performance of a governmental duty, no
recovery can be had from the governments
officers so long as they performed their duty
honestly and in good faith or that they did not
act wantonly or maliciously.
Teachers and heads of establishments of
arts and trades
Art. 2180 must be read together with the
provisions of the Family Code, thus:
Art. 218. The school, its administrators and
teachers, or the individual, entity or institution
engaged in child care shall have special
parental authority and responsibility over the
minor child while under their supervision,
instruction or custody.
Authority and responsibility shall apply to all
authorized activities whether inside or outside
the premises of the school, entity or
institution.
Art. 219. Those given the authority and
responsibility under the preceding Article shall
be principally and solidarily liable for damages
caused by the acts or omissions of the
unemancipated minor. The parents, judicial
guardians or the persons exercising substitute
parental authority over said minor shall be
subsidiarily liable.
The respective liabilities of those referred to in
the preceding paragraph shall not apply if it is
proved that they exercised the proper
diligence required under the particular
circumstances.
All other cases not covered by this and the
preceding articles shall be governed by the
provisions of the Civil Code on quasi-delicts.
Who are liable?
Persons exercising substitute parental
authority (SATI)
1) School
2) Administrators
3) Teachers
4) Individual/entity/institution engaged in
child care
Substitute parental authority is intermittent
What are the requisites for liability to
attach under the Family Code?
REQUISITES:
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1) The tortfeasor is a minor (below 18
only)
2) Under their supervision, instruction or
custody
RA 6809 does not provide that persons
exercising subsidiary parental authority are
liable for the torts of those who are between
18 and 21, unlike in the case of parents and
guardians.
Cases which do not fall under the provision on
substitute parental authority will be governed
by Art 2180 of the Civil Code.
What are the requisites for liability to
attach under Article 2180?
REQUISITES:
1) The defendant must be the teacher or
the head of a school of arts and
trades;
2) THE DAMAGE TO THE PLAINTIFF MUST BE
CAUSED BY THE ACT OR OMISSION OF A
STUDENT WHO, AT THE TIME OF ITS
COMMISSION, WAS UNDER THE CUSTODY OF
THE DEFENDANT; AND
3) Proof of the amount of damage.
Custody means the protective and
supervisory custody the school and its head
and teachers exercise over the students for as
long as they are at attendance in the school,
including break times (lunch or recess).
E. Do tortfeasors vicariously liable under
Art. 2180 have a defense?
Yes. Responsibility ceased when they prove
that they observed all the diligence of a good
father of a family to prevent damage. (Art.
2180)
F. What is the liability of joint tortfeasors?
The responsibility of two or more persons who
are liable for quasi-delict is SOLIDARY. (Art.
2194)
G. May they recover what they paid and
from whom?
Yes. Whoever pays for the damage caused by
his dependents or employees may recover
from the latter what he has paid or delivered
in satisfaction of the claim. (Art. 2181)
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Who are For whose Requisite for
liable Acts Liability to A right, though by itself legal because
Attach recognized or granted by law as such, may
Teacher- in- pupils and pupils and nevertheless become the source of some
charge students students illegality. When a right is exercised in a
(the one remain in manner which does not conform with the
designated teachers norms enshrined in Article 19 (i.e. to act with
to exercise custody justice; to give everyone his due; and to
supervision regardless of observe honesty and good faith) and results in
over the age damage to another, a legal wrong is thereby
students) committed for which the wrongdoer must be
Head of Apprentices custody held responsible. An action for damages under
establishme regardless of either Article 20 or Article 21 would be proper.
nt of arts the age (Cebu Country Club, Inc., et al. vs. Ricardo F.
and trades Elizagaque)
School a. if the must be
REQUISITES to find the existence of an
(generally tortfeasor below 18
abuse of right under Article 19:
not held is a
liable) student of
1) There is a legal right or duty;
the school
2) Which is exercised in BAD FAITH;
(Art 218
3) FOR THE SOLE INTENT OF PREJUDICING OR
FC)
INJURING ANOTHER.
b. if the
tortfeasor
Good faith is presumed and the burden of
is a
proving bad faith is on the party alleging it.
teacher/
employee
of the
B. Acts contra bonus mores
school, it is
liable as
employer Any person who wilfully causes loss or injury
under 2180 to another in a manner that is contrary to
(5) of CC morals, good customs or public policy shall
(St. Francis compensate the latter for the damage. (Art.
vs. CA) 21)
c. if the
tortfeasor REQUISITES:
is a
stranger, it 1) A person has a legal right
is liable for 2) Such right is violated by another in a
breach of manner contrary to morals, good
contract. customs or public policy;
(PSBA vs. 3) Act is done with intent to injure;
CA) 4) There is a loss or injury suffered as a
result of said violation. (Ruiz vs.
Secretary of Defense; Albenson vs. CA)

There is an act which is legal but which may

III. INTENTIONAL TORTS
What are intentional torts?
A. Abuse of Rights
Every person must, in the exercise of his
rights and in the performance of his duties,
act with justice, give everyone his due, and
observe honesty and good faith. (Art. 19)
Every person who, contrary to law, wilfully or
negligently causes damage to another, shall
indemnify the latter for the same. (Art. 20)
Art 19 contains a mere declaration of
principles. The declaration is implemented by
Art. 20. (Globe Mackay vs. CA)
be contrary to morals, good custom, public
order, or public policy. (Albeson vs. CA)
Illustrations:
a. Breach of promise to marry,
seduction and sexual assault
Mere breach of promise to marry is not an
actionable wrong. But to formally set a
wedding and go through all the above-
described preparation and publicity, only to
walk out of it when the matrimony is about to
be solemnized, is quite different. This is
palpably and unjustifiably contrary to good
customs for which defendant must be held
answerable in damages in accordance with
Article 21. (Wassmer vs. Velez)

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b. Disconnection of Utilities If the dismissal was done anti-socially or

A prior written notice to the customer is
required before disconnection of the service.
Failure to give such prior notice amounts to a
tort. (Meralco vs. CA)
oppressively, as the complaint alleges, then
the respondents violated Art. 1701 of the CC
and Art 21 of the CC.
Abuse of Rights vs. Acts Contra Bonus Mores

c. Malicious Prosecution Article 19 Article 21

(as
implemented
RULE: One cannot be held liable in damages
by Art. 20)
for maliciously instituting a prosecution where
Act is Contrary to law Contrary to
he acted with probable cause. Reason: It
morals, good
would be a very great discouragement to
customs, public
public justice if prosecutors, who had a
policy
tolerable ground of suspicion, were liable to
Manner Willfully or Willfully
be sued at law when their indictments
negligently
miscarried. (Que vs. IAC)
Result Damage Injury or loss
EXCEPTION: An action for damages brought Sanction Indemnify Compensate
by one against whom a criminal prosecution,
civil suit, or other legal proceeding has been
instituted maliciously and without probable
cause, after the termination of such
IV. OTHER TORTS (OTHER HUMAN
prosecution, suit or other proceeding in favor RELATIONS TORTS)
of the defendant herein. The gist of the action
is the putting of legal process in force, A. Unjust Enrichment
regularly, for the mere purpose of vexation or
injury.
Art. 22. (CC) Every person who through an
act of performance by another, or any other
Requisites for Malicious Prosecution:
means, acquires or comes into possession of
something at the expense of the latter without
(1) Fact of the prosecution
just or legal ground, shall return the same to
(2) Defendant was himself the
him.
prosecutor
(3) Action was terminated with an
Art. 23.(CC) Even when an act or event
acquittal
causing damage to another's property was not
(4) Prosecutor acted without probable
due to the fault or negligence of the
cause
defendant, the latter shall be liable for
(5) Prosecutor was impelled by legal
indemnity if through the act or event he was
malice, that is by improper or sinister
benefited.
motive (Drilon vs. CA)
Art. 2154.(CC) If something is received
As to the elements of malicious prosecution,
when there is no right to demand it, and it
the presence of probable cause signifies the
was unduly delivered through mistake, the
absence of malice. (Albenson vs. CA)
obligation to return it arises.
Note: It seems that the second and third
elements are REDUNDANT. REQUISITES:

d. Public Humiliation
1) defendant is enriched
Carpio vs. Valmonte 2) plaintiff suffered damage or loss
3) there is no just or legal ground for
defendant's enrichment
Wedding coordinator accused by brides aunt
4) enrichment is at the expense of
for stealing jewelry, in the presence of other
plaintiff
people in hotel room. True, petitioner had the
right to ascertain the identity of the
malefactor, but to malign respondent without
B. Ostentatious Display of Wealth
an iota of proof is impermissible.

e. Unjustified Dismissal Thoughtless extravagance in expenses for

pleasure or display during a period of acute
Quisaba vs. Sta. Ines public want or emergency may be stopped by
order of the courts at the instance of any
government or private charitable institution.
(Art. 25)

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TORTS & DAMAGES
C. Dereliction of Duty
Any person suffering material or moral loss
because a public servant or employee refuses
or neglects, without just cause, to perform his
official duty may file an action for damages
and other relief against he latter, without
prejudice to any disciplinary administrative
action that may be taken. (Art. 27)
REQUISITES (Amaro vs. Samanguit):
(1) Defendant is a public officer charged
with a performance of a duty in favor
of the plaintiff
(2) He refused or neglected without just
cause to perform the duty
(3) Plaintiff sustained material or moral
loss as a consequence of such non-
performance
(4) The amount of such damages, if
material
Note (Sangco): REFUSAL implies a Unfair competition includes, but is not
deliberate act which may be due to erroneous
belief in good faith or plain ignorance; while
NEGLECT which is the failure to do a thing,
may be intentional or unintentional.
Furthermore, the duty to act must be
MINISTERIAL, and must be owed only to the
person who sustains the loss by the failure to
fulfill it.
For discretionary duties, there should be
proof of malice or arbitrariness in the action.
D. Respect for Dignity, Personality, Privacy
and Peace of Mind of Another
Art. 26. Every person shall respect the
dignity, personality, privacy and peace of
mind of his neighbors and other persons. The
following and similar acts, though they may
not constitute a criminal offense, shall
produce a cause of action for damages,
prevention and other relief:
(5) Prying into the privacy of another's
residence:
(2) Meddling with or disturbing the private
life or family relations of another;
(3) Intriguing to cause another to be alienated
from his friends;(4) Vexing or humiliating
another on account of his religious beliefs,
lowly station in life, place of birth, physical
defect, or other personal condition.
Acts listed are not exclusive.
Illustration of a similar act: Wrongful
advertisement of house in the Sunday times.
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CIVIL LAW
The acts and omissions of the firm fall under
Article 26. Persons who know the residence of
Doctor Aramil, were confused by the
distorted, lingering impression that he was
renting his residence from Arcadio or that
Arcadio had leased it from him. Either way,
his private life was mistakenly and
unnecessarily exposed. (St. Louis Realty
Corporation vs. CA, 1984)
E. Unfair Competition
Art. 28 (CC). Unfair competition in
agricultural, commercial or industrial
enterprises or in labor through the use of
force, intimidation, deceit, machination or any
other unjust, oppressive or highhanded
method shall give rise to a right of action by
the person who thereby suffers damage.
For a defendant to be liable, the plaintiff must
show that the formers conduct was PURELY
MALICIOUS and served no legitimate purpose,
or that any trade or competitive motive was
absent.
limited to:
1. PHYSICAL INTERFERENCES, VIOLENCE AND
THREATS (BOTH AGAINST COMPETITORS
AND THEIR CUSTOMERS);
2. Competition with malice;
3. Passing off; a tortuous interference
with anothers patronage that may, but
need not involve, trade mark
infringement, for example, selling
homemade ice cream as Magnolia ice
cream.
A civil action based on Art. 28 may be
pursued entirely independent from a criminal
action.
V. STRICT LIABILITY TORT
What is a STRICT LIABILITY TORT?
Tort liability that does not depend on actual
negligence or intent to harm but that is based
on the breach of an absolute duty to make
something safe; most often applies to ultra-
hazardous activities and products-liability
cases; also known as absolute liability, liability
without fault.
What are the types of strict liability tort?
1. Damages caused by an animal
2. Motor vehicle mishaps
3. Product Liability
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TORTS & DAMAGES
4. Defective condition of public works
5. Collapse of a building
6. Things thrown or falling from a building
A. Damages caused by an animal
Who is liable for damages caused by an
animal?
The POSSESSOR of an animal or WHOEVER
MAY MAKE USE of the same is responsible for
the damage which it may cause.
NOT available as a defense: Although animal
may escape or be lost.
Available defenses: Damage should come
from force majeure or from the fault of the
person who has suffered damage. (Art.
2183)
What must be determined is possession
regardless of the ownership. It holds the
possessor liable even if the animal should
"escape or be lost" and so be removed from
his control. And it does not matter either that
the animal was tame as the law does not
speak only of vicious animals. (Vestil vs.
IAC)
B. Motor Vehicle Mishaps
Who is liable in motor vehicle mishaps?
If owner was in the motor vehicle: DRIVER
and OWNER, he is solidarily liable with his
driver IF he could have, by the use of the due
diligence, prevented the misfortune.
If the owner was NOT in the motor vehicle:
Article 2180 is applicable. (i.e. person who
caused the injury and the employer) (Art.
2184.)
The law requires every owner of a motor
vehicle to file with the proper government
office a bond executed by a government-
controlled corporation or office, to answer for
damages to third persons. The amount of the
bond and other terms shall be fixed by the
competent public official. (Art. 2186)
BAR QUESTION
A van owned by Orlando and driven by Diego,
while negotiating a downhill slope of a city
road, suddenly gained speed, obviously
beyond the authorized limit in the area, and
bumped a car in front of it, causing severe
damage to the car and serious injuries to its
passengers. Orlando was not in the car at the
time of the incident. The car owner and the
injured passengers sued Orlando and Diego
for damages cause by Diegos negligence. In
their defense, Diego claims that the downhill
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slope caused the van to gain speed and that,
as he stepped on the brakes to check the
acceleration, the brakes locked, causing the
van to go even faster and eventually to hit the
car in front of it. Orlando and Diego contend
that the sudden malfunction of the vans
brake system is a fortuitous event and that,
therefore, they are exempt from any liability.
(a) Is this contention tenable? Explain.
(b) Explain the concept of vicarious
liability in quasi-delicts.
(c) Does the presence of the owner
inside the vehicle causing damage
to a third party affect his liability
for his drivers negligence? Explain.
Suggested Answer:
(a) No. Mechanical defects of a motor vehicle
do not constitute fortuitous event, since
the presence of such defects would have
been readily detected by diligence
maintenance check. The failure to
maintain the vehicle in safe running
condition constitutes negligence.
(b) The doctrine of vicarious liability is that
which renders a person liable for the
negligence of others for whose acts or
omission the law makes him responsible
on the theory that they are under his
control and supervision.
(c) In motor vehicle mishaps, the owner is
made solidarily liable with his driver if he
(the owner) was in the vehicle and could
have, by the use of due diligence,
prevented the mishap (Caedo vs. Yu Khe
Thai, 26 SCRA 410 [1968]). However, this
question has no factual basis in the
problem given, in view of the express
given fact that Orlando was not in the car
at the time of the incident.
C. Product Liability
Who is liable for death or injuries caused
by any noxious or harmful substances
used?
MANUFACTURERS and PROCESSORS of
foodstuffs, drinks, toilet articles and similar
goods shall be liable ALTHOUGH no
contractual relation exists between them and
the consumers. (Art. 2187)
D. Defective condition of public works
Who are liable for damages caused by
defective condition of public works?
LGUs (provinces, cities and municipalities)
shall be liable for damages for the death of, or
injuries suffered by, any person by reason of
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TORTS & DAMAGES CIVIL LAW

the defective condition of roads, streets, Person For What Defenses

bridges, public buildings, and other public Strictly or
works UNDER THEIR CONTROL OR Liable Exception
SUPERVISION. (Art. 2189) s
If not in
Requisite for liability is supervision NOT vehicle
ownership. 2180
Manufacturers death and Absence on
and injuries caused contractual
Processors of by any noxious relation
E. Collapse of a building
foodstuffs, or harmful NOT a
drinks, toilet substances used defense
When are proprietors liable for damages? articles and
similar goods
PROPRIETORS shall be responsible for (FDTAS)
damages caused: Defendant in death or injury possession
possession of results from or use
a) By the total or partial collapse of a dangerous such possession thereof is
building or structure if it should be due weapons/ indispensab
to the lack of necessary repairs. (Art. substances le in his
2190) such as occupation
b) By the explosion of machinery which firearms and or business
has not been taken care of with due poison
diligence, and
Provinces, the death or Public
c) By the inflammation of explosive
Cities and injuries suffered works must
substances which have not been kept
Municipalities by any person be under
in a safe and adequate place;
by reason of the their
d) By excessive smoke, which may be
defective supervision
harmful to persons or property;
condition of s
e) By the falling of trees situated at or
roads, streets,
near highways or lanes, if not caused
bridges, public
by force majeure;
buildings, and
f) By emanations from tubes, canals,
other public
sewers or deposits of infectious matter,
works
constructed without precautions
Proprietor of total or Responsibili
suitable to the place. (Art. 2191)
building/ partial ty for
structure collapse of collapse
F. Things thrown or falling from a building building or should be
structure if due to the
The HEAD OF A FAMILY that lives in a building due to lack of lack of
or a part thereof. (Art 2193) necessary rep necessary
airs repairs
QUICKGLANCE explosion of
Person For What Defenses machinery
Strictly or which has not
Liable Exception been taken
s cared of with
Possessor of For the damage Force due diligence,
an animal or it may cause majeure and the
whoever Fault of the inflammation
makes use of person who of explosive
them even if suffered substances
the animal is damage which have
lost or not been kept
escaped in a safe and
Owner of Motor vehicle Solidary adequate
Motor Vehicle mishaps liability place
only if the by excessive
owner was smoke, which
in the may be
vehicle and harmful to
if he could persons or
have property
prevented by falling of
it thru due trees situated
diligence at or near

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Person For What Defenses 3. Freedom to write for the press or to

Strictly or maintain a periodical publication
Liable Exception 4. Freedom from arbitrary or illegal detention
s 5. Freedom of suffrage
highways or 6. The right against deprivation of property
lanes, if not without due process of law
caused by 7. The right to just compensation when
force majeure property is taken for public use
by 8. The right to equal protection of the laws
emanations 9. The right to be secure in ones person,
from tubes, house, papers and effects against
canals, unreasonable searches and seizures
sewers or 10. The liberty of abode and of changing the
deposits of same
infectious 11. The right to privacy of communication and
matter, correspondence
constructed 12. The right to become a member of
without associations and societies for purposes not
precautions contrary to law
suitable to the 13. The right to take part in a peaceable
place assembly and petition the government for
redress of grievances
14. The right to be free from involuntary
servitude in any form
15. The right of the accused against excessive
bail
16. The right of the accused to be heard by
himself and counsel, to be informed of the
Engineer, if damage of
nature and the cause of the accusation
Architect or building or
against him, to have a speedy and public trial,
Contractor structure is
to meet the witnesses face to face, to have
caused by
compulsory process to secure the attendance
defect in
of witnesses on is behalf;
construction
17. Freedom form being compelled to be
which happens
witness against ones self, or from being
within 15 years
forced to confess his guilt, or from being
from
induced by a promise of immunity or reward
construction;
to make such confession, except when the
action must be
person confessing becomes a State witness.
brought within
18. Freedom of access to the courts
10 years from
collapse
Head of the liable for
In any of the cases referred to in this article,
Family that damages
whether or not the defendants act or
lives in a caused by
omission constitutes a criminal offense, the
building or things thrown
aggrieved party has a right to commence an
any part or falling from
entirely separate and distinct civil action for
thereof the same
damages, and for other relief.

Such civil action shall proceed independently

VI. TORTS WITH INDEPENDENT of any criminal prosecution (if the latter be
CIVIL ACTION instituted) and may be proved by a
preponderance of evidence. The indemnity
shall include moral damages. Exemplary
A. Violation of Civil and Political Rights
damages may also be adjudicated.

32 CC. Any public officer or employee, or any
private individual, who directly or indirectly
obstructs, defeats, violates or in any manner
impedes or impairs any of the following rights
and liberties of another person shall be liable
to the latter for damages:
The responsibility herein set forth is not
demandable from a judge unless his act or
omission constitutes a violation of the Penal
code or any other penal statute.
REQUISITE: FACT OF VIOLATION

1. Freedom of religion To be liable under Article 32 of the New Civil

2. Freedom of speech Code, it is enough that there was a violation
of the constitutional rights of the plaintiffs and

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TORTS & DAMAGES
it is not requires that defendants should have
acted with malice or with bad faith. Allowing
good faith as an excuse would defeat the main
purpose of the provision which is the effective
protection of individual rights and its objective
is to put an end to official abuse by the pleas
of good faith. (Lim vs. Ponce De Leon)
B. Defamation, Fraud, Physical injuries
Art. 33 CC. In cases of DEFAMATION,
FRAUD, and PHYSICAL INJURIES, a civil
action for damages, entirely separate and
distinct from the criminal action, may be
brought by the injured party. Such civil
action shall proceed independently of the
criminal prosecution, and shall require only
a preponderance of evidence.
Article 33 speaks only of defamation, fraud
and physical injuries. The case of reckless
imprudence resulting in physical injuries and
homicide is not one of the three crimes
mentioned in article 33 and therefore, no civil
action shall proceed independently of the
criminal prosecution. The essence of the crime
of criminal negligence, is the execution of the
imprudent or negligent act that, if
intentionally done would be punishable as a
felony, and hence the law penalizes the
negligent or careless act and no the result
thereof. (Marcia, et. al vs. CA)
The civil action for damages which it allows to
be instituted is ex-delicto. This is manifest in
the provision which uses the expressions
criminal action and criminal prosecution. D.
This conclusion is supported by the comment
of the Code Commission. (Madeja vs. Hon.
Caro)
1. Defamation
Defamation, which includes libel and slander,
means the offense of injuring a persons
character, fame or reputation through false and
malicious statements. It is that which tends to
injure reputation or to diminish the esteem,
respect, good will or confidence in the plaintiff
or to excite derogatory feelings or opinions
about the plaintiff.
Words which are merely insulting or offensive
are not actionable. There must be a presence
of allegations as to special damages suffered
by the plaintiff. (MVRS Publications vs. Islamis
Dawah Council of the Philippines, Inc., et al.)
REQUISITES for recovery; Prove that the
defendant
(1) Published a statement that was,
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CIVIL LAW
(2) defamatory,
(3)concerning the plaintiff.
2. Fraud
Under article 33 of the Civil Code, a civil
action for damages, entirely separate and
distinct from the criminal action may be
brought by the injured party in cases of
defamation, fraud and physical injuries, Estafa
falls under fraud. (Prudential Bank vs. IAC)
3. Physical Injuries
The term physical injuries is used in a
generic sense. It is not the crime of physical
injuries defined in the RPC. It includes not
only physical injuries, but consummated,
frustrated and attempted homicide. The ruling
in Corpus vs. Paje, which states that reckless
imprudence or criminal negligence is not
included in Art. 33 is not authoritative.
(Madeja vs. Hon. Caro)
C. Neglect of Duty
34 CC. When a member of the city or
municipal police force refuses or fails to
render aid or protection to any person in case
of danger to life or property, such peace
officer shall be primarily liable for damages
and the city or municipality shall be
subsidiarily responsible therefore. The civil
action herein recognized shall be independent
of any criminal proceedings, and a
preponderance of evidence shall suffice to
support such action.
Action for damages where no
independent civil action is provided
35 CC. When a person claiming to be injured
by a criminal offense, charges another with
the same, for which no independent civil
action is granted in this code or any special
law, but the justice of the peace finds no
reasonable ground to believe that a crime has
been committed, or the prosecuting attorney
refuses or fails to institute criminal
proceedings, the complainant may bring a
civil action for damages against the alleged
offender. Such civil action may be supported
by a preponderance of evidence. Upon the
defendants motion, the court may require the
plaintiff to file a bond to indemnify the
defendant in case the complaint should be
found to be malicious.
If during the pendency of the civil action, a
information should be presented by the
prosecuting attorney, the civil action shall be
suspended until the termination of the
criminal proceedings.
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TORTS & DAMAGES
Notes: Because of the last sentence, the civil
action provided under this article cannot
strictly be considered as an independent civil
action.
It should be emphasized that the same
negligent act causing damages may produce a
civil liability arising from a crime under Art.
100 of the Revised Penal Code or create an
action for quasi-delict or culpa extra-
contractual under Arts. 2176-2194 of the New
Civil Code. (Garcia vs. Florido)
If Liability being predicated on quasi-delict the
civil case may proceed as a separate and
independent civil action, as specifically
provided for in Article 2177 of the Civil Code.
(Cinco vs. Canonoy)
VII. CIVIL LIABILITY ARISING
FROM CRIME
Responsibility for fault or negligence is
entirely separate and distinct from the civil
liability arising from negligence under the
RPC. But double recovery is not allowed. (Art.
2177)
RPC Art. 100 provides that every person who
is criminally liable for a felony is also civilly
liable. This general rule however presupposes
that the felony had resulted in damage or
injury to anothers person or property. To
create an obligation or give rise to civil
liability, an act or omission, whether
intentional or negligent, must have caused
damage or injury to another, otherwise only
criminal liability will attach.
Though the general rule provides that one
who is not criminally liable cannot be civilly
liable, RPC Arts. 101-103 provide exceptions
as they provide for vicarious liability for
certain types of offenders and subsidiary
liability in case of default of the offender.
The civil liability established by RPC Arts.
100-103 include:
a. Restitution;
b. Reparation of the damage caused;
and
c. Indemnification for consequential
damages.
Deemed instituted in every criminal
prosecution is the civil liability arising from the
crime or delict per se (civil liability ex delicto),
but not those liabilities from quasi-delicts,
contracts or quasi-contracts. (Neplum vs.
Orbeso)
An accused in a pending criminal case can
validly file, simultaneously and independently,
a separate civil action for quasi-delict against
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the private complainant in the criminal case.
(Casupanan vs. Laroya)
The criminal action for violation of Batas
Pambansa Blg. 22 shall be deemed to include
the corresponding civil action and that no
reservation to file such civil action separately
shall be allowed. But a separate proceeding
for the recovery of civil liability in cases of
violations of B.P. No. 22 is allowed when the
civil case is filed ahead of the criminal case.
(Sps. Benito Lo Bun Tiong etc. vs. Vicente
Balboa)
BAR QUESTION
As a result of a collision between a taxicab
owned by A and another taxicab owned by B,
X, a passenger of the first taxicab, was
seriously injured. X later filed a criminal
action against both drivers.
(a)
(a) Is it necessary for X to reserve his right to
institute a civil action for damages against both
taxicab owners before he can file a civil action
for damages against them? Why?
(b) May both taxicab owners raise the defense
of due diligence in the selection and
supervision of their drivers to be absolved
from liability for damages to X? Reason.
Suggested Answer:
(a) It depends. If the separate civil action is
to recover damages arising from the
criminal act, reservation is necessary. If
the civil action against the taxicab owners
is based on culpa contractual or on quasi-
delict, there is no need for reservation.
(b) It depends. If the civil action is based on
quasi-delict, the taxicab owners may raise
the defense of diligence of a good father of
a family in the selection and supervision of
the driver; if the action against them is
based on culpa contractual or civil liability
arising from a crime, they cannot raise the
defense.
Alternative Answer:
No such reservation is necessary. Under
Section 1 Rule 111 of the 2000 Rules on
Criminal Procedure, what is deemed
instituted with the criminal action is only the
action to recover civil liability arising from the
crime or ex delicto. All the other civil actions
under Articles 32, 33, 34, 2176 of the New
Civil Code are no longer deemed instituted,
and may be filed separately and prosecuted
independently even without any reservation in
the criminal action (Section 3, Rule 111, 2000
Rules on Criminal Procedure). The failure to
make a reservation the criminal action is not a
waiver of the right to file a separate and
independent civil action based on these
articles of the New Civil Code (Casupanan vs.
Laroya, G.R. No. 145391, August 26, 2002)
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TORTS & DAMAGES
DAMAGES
I. DEFINITION AND CONCEPT
Art. 2195. The provisions of this Title shall be
respectively applicable to all obligations
mentioned in Article 1157.
What are damages?
Damages may be defined as the pecuniary
compensation, recompense, or satisfaction for
an injury sustained, or as otherwise
expressed, the pecuniary consequences which
the law imposes for the breach of some duty
or the violation of some right (People vs.
Ballesteros). The obligation to repair the
damages exists whether done intentionally or
negligently and whether or not punishable by
law (Ocena vs. Icamina).
Elements for recovery of damages:
1. Right of action
2. For a wrong inflicted by the defendant
3. Damage resulting to the plaintiff
II. KINDS OF DAMAGES
Kinds of Damages (MENTAL)
(1) ACTUAL/COMPENSATORY- for loss actually
suffered
(2) MORAL- mental anguish, etc.
(3) NOMINAL- for rights recognized and
violated
(4) TEMPERATE/MODERATE- for damages
proved but the amount was not proven
(5) LIQUIDATED- stipulated damages in the
contract
(6) EXEMPLARY/CORRECTIVE- to serve as an
example for the common good (Art.
2197)
A. Actual or Compensatory
When is a person entitled to actual or
compensatory damages?(Art. 2199)
A)
When there is a pecuniary loss
suffered by him
When he has alleged and prayed
for such relief (Manchester Devt
Corp vs. CA)
When he has duly proved it
B)
When provided by law
Or by stipulation
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No proof of pecuniary loss is necessary for:
moral, nominal, temperate, liquidated or
exemplary damages.
The assessment of such damages is
discretionary upon the court, except liquidated
ones. (Art. 2216)
Kinds of Actual Damages
CC
Art.
2200 A. Damnum emergente- value of
the loss suffered
B. Lucro cessante- profits which the
obligee failed to obtain
2205 A. Loss of earning capacity due to
injury (temporary or permanent)
B. Damage to Business Standing or
Commercial Credit
2206 A. Fixed indemnity for death = Php
50,000 (as of 2005)
B. Loss of Earning Capacity of the
Deceased
2209 Interest
2208 Attorneys Fees & Expenses of
Litigation
General Principles for Recovery
(1) The amount of damages must be fair and
just and commensurate to the loss.
- In case of contracts, only those
injuries which could have been
reasonably foreseen by the parties
by the parties at the time the
contract was entered into are
recoverable.
(2) The damages must be proximate damages
and not remote or speculative.
(3) The damages must be proven by
competent evidence (admissible or
probative)
- It is necessary to prove with a
reasonable degree of certainty,
premised upon competent proof
and on the best evidence
obtainable by the injured party, the
actual amount of loss. (Integrated
Packaging Corp. vs. CA; Fuentes
vs. CA)
(4) Complaint and prayer must specify
amount of damages and pay filing fees
before it may be accepted and admitted
for filing. (Circ. No. 7, Mar. 24, 1988;
Manchester Devt. Corp. vs. CA, 1987).
(5) The requirement of certainty does not
prevent the drawing of reasonable
inferences from the fact and circumstance
in evidence.
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TORTS & DAMAGES CIVIL LAW

those which were "the natural and probable

(6) Events which occur after the wrong consequences" or "the direct and immediate
complained of may serve to render the consequences" of the act or omission (Algarra
damage sufficiently certain. vs. Sandejas).

(7) The damages must be susceptible of Extent of recovery in breach of contract:

ascertainment in some manner other than
by mere speculation, conjecture or The damages recoverable upon breach of
surmise and by reference to some fairly contract are, primarily, the ordinary, natural
definite standard, such as market value, and in a sense the necessary damage
established experience or direct inference resulting from the breach. Other damages,
from known circumstances. known as special damages, are recoverable
where it appears that the particular conditions
Where, however, it is reasonably certain that which made such damages a probable
injury consisting of failure to realize otherwise consequence of the breach were known to the
reasonably expected profits had been delinquent party at the time the contract was
incurred, uncertainty as to the precise amount made. This proposition must be understood
of such unrealized profits will not prevent with the qualification that, if the damages are
recovery or the award of damages. (Talisay- in the legal sense remote or speculative,
Silay vs. Associacion) knowledge of the special conditions which
render such damages possible will not make
them recoverable. Special damages of this
What is the extent of recovery? character cannot be recovered unless made
the subject of special stipulation. The
Recovery of all proximately traceable to the damages ordinarily recoverable against a
primary negligence, including subsequent vendor for failure to deliver land which he has
aggravations, the probability of which the law contracted to deliver is the value of the use
regards as a consequence and natural result and occupation of the land for the tune during
likely to flow form the original injury. which it is wrongfully withheld (Daywalt vs.
However, note that if the subsequent Recoletos et al.).
aggravations are due to his own negligence
then the tortfeasor shall not be liable for such What must be proved to allow recovery?
since Art. 2203 imposes a duty on the injured
party to avoid loss or minimize resulting Proof
damages. Fact of Reasonable certainty only that the
Injury fact and cause of injury must be
Art. Contra Liability Note: taken out of the area of speculation.
220 cts and extends to Liability Usual burden of proof required in a
1 quasi those: extends to negligence case, prove the
contrac 1. natural and all damages substantive right, its breach and the
ts probable which may amount of damages flowing from
consequences be the breach.
of the breach reasonably Cause Proximate cause the cause,
2. those that attributed to which, in a natural and continuous
have been the non- sequence, unbroken by any efficient
foreseen performance intervening cause, produces the
3. those that of the injury, and without which the injury
could have obligation in would not have occurred. (without
been case of which test of cause in fact)
reasonably fraud, bad Amount Need not be proved with the same
foreseen faith, malice degree of certainty. Fair and
or wanton reasonable estimate of the amount
Provided: attitude of damage.
obligor in good (FBM-WA).
faith When pecuniary loss need not be proved
Art. Crimes Liability Note:
220 and extends to all WON 1) Liquidated damages previously agreed
2 quasi- damages damage is upon
delicts which are the foreseen is 2) If damages other than actual are
natural and irrelevant sought (Art. 2216)
probable 3) Loss is presumed (ex: loss of a child or
consequence spouse)
4) Forfeiture of bonds in favor of the
Actual damages for a negligent act or government for the purpose of
omission are confined to those which "were promoting public interest or policy (ex:
foreseen or might have been foreseen," or bond for temporary stay of alien)

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TORTS & DAMAGES CIVIL LAW

Damages for Personal Injury & Death When can attorneys fees, other than
(Art. 2206) judicial costs, be recovered? (SELMUBS-
CREWD) (Art. 2208).
Recoverable damages for death caused by a
crime or quasi-delict: (1) If there is a stipulation to that effect
(a) At least three thousand pesos, even (2) When exemplary damages are
though there may have been awarded;
mitigating circumstances. (3) When the defendant's act or omission
- As of 2008, it is P75,000 (People has compelled the plaintiff to litigate
vs. Robert Brodett y Pajaro, Jan. with third persons or to incur expenses
18, 2008) to protect his interest;
(4) In criminal cases of malicious
(b) Loss of the earning capacity of the prosecution against the plaintiff;
deceased, (5) In case of a clearly unfounded civil
- paid to his heirs action or proceeding against the
- unless the deceased on account of plaintiff;
permanent physical disability not (6) Where the defendant acted in gross and
caused by the defendant, had no evident bad faith in refusing to satisfy
earning capacity at the time of the plaintiff's plainly valid, just and
death; demandable claim;
(7) In actions for legal support;
(c) Support according to the provisions of (8) In actions for the recovery of wages of
Article 291 household helpers, laborers and skilled
- the recipient who is not a testate or workers;
intestate heir may demand support (9) In actions for indemnity under
from the person causing the death, workmen's compensation and
for a period not exceeding five employer's liability laws;
years (10) In a separate civil action to recover civil
liability arising from a crime;
(d) Moral damages (11) When at least double judicial costs are
- demanded by the spouse, awarded;
legitimate and illegitimate (12) In any other case where the court
descendants and ascendants of the deems it just and equitable that
deceased attorney's fees and expenses of
litigation should be recovered.
Factors:

1. Earning Capacity In all cases, the attorney's fees and

2. Obligation to Support
3. Moral Damages to heirs
Compensation should be allowed for loss of
earning capacity resulting from the death of a
minor who has not yet commenced
employment or training for a specific
profession if sufficient evidence is presented
to establish the amount thereof.
The argument for allowing compensation for
loss of earning capacity of a minor is even
stronger if he or she was a student, whether
already training for a specific profession or
still engaged in general studies. Formula
established in decided cases for computing net
earning capacity:
Net earning capacity (X) = life expectancy *
[gross annual income reasonable, necessary
living expenses]
Life expectancy= 2/3 (80- age of deceased) (MMTC
v. CA)
ATTORNEYS FEES
Attorneys Fees is the exception NOT the
general rule.
expenses of litigation must be reasonable.
2 Concepts of Attorneys Fees
(1) Retainers agreement between the lawyer
and the client (in writing).
(2) Award as an indemnity to the client.
(BELONGS to the client hence the litigant
is the judgment creditor who may enforce
the judgment by execution) (Quirante vs.
IAC)
INTEREST
When shall interest accrue as indemnity
for damages?
- the obligation consists in the payment
of a sum of money
- debtor incurs in delay
- there being no stipulation to the
contrary
If there is no stipulated interest the legal
interest of 6%. (Art. 2209)

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TORTS & DAMAGES CIVIL LAW

Interest From BASE RATE ACCRUAL

due c. When an at the rate If claim or
Art. Breach of Discretion Interest obligation, of 6% per damages are
2210 contract of the imposed NOT annum. LIQUIDATED,
court on constituting a from default,
damages loan or i.e., from
awarded forbearance judicial or
Art. Crimes Discretion Interest of money, is extrajudicial
2211 and of the is breached, an demand. (Art.
quasi- court awarded interest on 1169, Civil
delicts as part of the AMOUNT Code)
damages OF DAMAGES
awarded may If
When shall interest earn legal interest? be imposed UNLIQUIDATED,
at the from the time
- from judicial demand discretion of the demand can
- even if the obligation is silent upon this the court. be established
point. (Art. 2212) with reasonable
The actual certainty.
When is interest not recovered? base for the Hence, the
- When claims/ damages are computation interest shall
unliquidated of legal begin to run
- EXCEPT when the demand can be interest shall only FROM THE
established with reasonably certainty. be on the DATE THE
(Art. 2213) amount JUDGMENT OF
finally THE COURT IS
Legal Interests adjudged. MADE (at which
time the
The rules of thumb in the determination of quantification of
legal interests are as follows: damages may
be deemed to
1. When an obligation, regardless of its have been
source (i.e., law, contracts, quasi- reasonably
contracts, delicts or quasi-delicts) is ascertained).
breached, the contravenor can be held c. When the the rate of from such
liable for damages. JUDGMENT legal FINALITY UNTIL
2. With regard particularly to an AWARD of the court interest, ITS
OF INTEREST in the concept of actual awarding a whether SATISFACTION,
and compensatory damages, the RATE sum of the case this interim
of interest, as well as the ACCRUAL money falls under period being
thereof, is imposed, as follows: becomes a,b, or c, deemed to be by
final and above, then an
BASE RATE ACCRUAL executory, shall be equivalent to a
a. When the a) That to be computed 12% per forbearance of
obligation is which may from default, annum credit.
breached, have been i.e., from
and it stipulated JUDICIAL or (Eastern Shipping Lines vs. CA, 1994)
consists in in writing. EXTRAJUDICIAL
the PAYMENT b) In the demand under
OF A SUM OF absence of and subject to Start of Delay
MONEY, i.e., stipulation, the provisions of
a loan or the rate of Article 1169 of (1) Extrajudicial: demand letter
forbearance interest the Civil Code. (2) Judicial: Filing of complaint
of money, shall be (3) Award
the interest 12% per
due should annum Crismina Garments vs. CA
be (legal
interest) Forbearance in the context of the usury law
is a contractual obligation of lender or creditor
b. legal from the time it to refrain during a given time period from
Furthermore, interest is JUDICIALLY requiring payment of a loan then due and
the demanded. payable. Here, the contract is for a piece of
INTEREST work, hence not a forbearance.
DUE shall
itself earn When are damages mitigated?

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TORTS & DAMAGES CIVIL LAW

1. In quasi-delicts contributory - Though incapable of pecuniary

negligence (Art. 2214)
2. Doctrine of avoidable consequences
a) This refers to the duty to
minimize damages once a cause
of action has accrued.
Standard: good father of a
family (Art. 2203)
3. In contracts, quasi-contracts and
quasi-delict (C-BELL):
a) plaintiff has contravened the
terms of contract
b) plaintiff derived some benefit as
result of contract
c) in case where exemplary
damages are to be awarded,
that the defendant acted upon
the advise of counsel
d) that the loss would have
resulted in any event
e) that since the filing of the
action, the defendant has done
his best to lessen the plaintiff's
loss or injury (Art. 2215)
4. In crimes mitigating circumstances
(Art. 2204)
computation
- If such is the proximate result of
defendants act or omission. (Art.
2217)
What are the requisites for awarding
moral damages?
(1) there must be an injury, whether
physical, mental or psychological,
clearly sustained by the claimant;
(2) there must be a culpable act or
omission factually established;
(3) the wrongful act or omission of the
defendant must be the proximate
cause of the injury sustained by the
claimant; and
(4) the award of damages is predicated on
any of the cases stated in ART. 2219
NCC. (Villanueva vs. Salvador)
General Principles of Recovery (as
outlined in Expertravel & Tours vs. CA #1 to
7)

Note: aggravating circumstances in case of 1. Moral damages must somehow be

crimes can increase the damages adjudicated proportional to the suffering inflicted.
(Art. 2204) 2. In culpa contractual or breach of contract,
moral damages may be recovered when
The inordinate amount of damages calls for the defendant acted in bad faith or was
the moderating hand of the court, that justice guilty of gross negligence (amounting to
may be tempered with reason instead of being bad faith) or in wanton disregard of his
tainted when it appears to be a result of contractual obligation and, exceptionally,
ruthless vindictiveness. when the act of breach of contract itself is
constitutive of tort resulting in physical
injuries.
B. Moral 3. By special rule in Article 1764, in relation
to Article 2206, moral damages may also
What is the nature of moral damages? be awarded in case the death of a
passenger results from a breach of
Moral damages are emphatically not intended carriage.
to enrich a complainant at the expense of the 4. In culpa aquiliana, or quasi-delict,
defendant. Its award is aimed at the (a) when an act or omission causes
restoration, within the limits of the possible, physical injuries, or
of the spiritual status quo ante, and it must be (b) where the defendant is guilty of
proportional to the suffering inflicted. intentional tort, moral damages may
(Visayan Sawmill vs. CA) aptly be recovered. This rule also
applies to contracts when breached by
When are moral damages awarded? tort.
5. In culpa criminal, moral damages could be
- If injury consists of any of the ff: lawfully due when the accused is found
(PBMF-MWSSS) guilty of physical injuries, lascivious acts,
adultery or concubinage, illegal or
a. Physical suffering arbitrary detention, illegal arrest, illegal
b. Besmirched reputation search, or defamation.
c. Mental anguish 6. Malicious prosecution can also give rise to
d. Fright a claim for moral damages. The term
e. Moral shock "analogous cases," referred to in Article
f. Wounded feelings 2219, following the ejusdem generis rule,
g. Social humiliation must be held similar to those expressly
h. Serious anxiety enumerated by the law.
i. Similar injury 7. Although the institution of a clearly
unfounded civil suit can at times be a legal
justification for an award of attorney's

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TORTS & DAMAGES CIVIL LAW

fees, such filing, however, has almost (7) Libel, slander or any other form of
invariably been held not to be a ground for defamation;
an award of moral damages. (8) Malicious prosecution;
8. The burden rests on the person claiming (9) Acts mentioned in Article 309;
moral damages to show convincing (disrespect for the dead)
evidence for good faith is presumed. In a (10) Acts and actions referred to in Articles
case involving simple negligence, moral 21, 26, 27, 28, 29, 30, 32, 34, and 35.
damages cannot be recovered. (Villanueva
vs. Salvador) Who else can recover moral damages?
9. Failure to use the precise legal terms or
"sacramental phrases" of "mental anguish,
- Parents of the female seduced,
fright, serious anxiety, wounded feelings
abducted, raped, or abused, referred
or moral shock" does not justify the denial
to in No. 3
of the claim for damages. It is sufficient
- The spouse, descendants, ascendants,
that these exact terms have been pleaded
and brothers and sisters (SDABS) may
in the complaint and evidence has been
bring the action mentioned in No. 9 in
adduced (Miranda-Ribaya vs. Bautista)
the order named.
10. Even if the allegations regarding the
amount of damages in the complaint are
What are the other legal grounds for
not specifically denied in the answer, such
awarding moral damages?
damages are not deemed admitted.
- Willful injury to property if such
(Raagas, et al. vs. Traya et al.)
damages are justly due.
11. An appeal in a criminal case opens the
- Breaches of contract where the
whole case for review and this 'includes
defendant acted fraudulently or in bad
the review of the penalty, indemnity and
faith. (Art. 2220)
damages. Even if the offended party had
not appealed from said award, and the
Labor Cases
only party who sought a review of the
Moral damages are recoverable only where
decision of said court was the accused, the
the dismissal of the employee:
court can increase damages awarded
(Sumalpong vs. CA)
(1) Was attended by bad faith or fraud
Cases where recovery of moral damages are allowed (2) Constituted an act oppressive to labor
(3) Was done in a manner contrary to
morals, good customs, or public policy.
(1) A criminal offense of physical injuries;
(2) Quasi-delicts causing physical injuries;
(3) Seduction, abduction, rape, or other BAR QUESTION
lascivious acts;
(4) Adultery or concubinage;
(5) Illegal or arbitrary detention or arrest; Ortillo contracts Fabricato, Inc. to supply and
(6) Illegal search; install tile materials in a building he is donating
(7) Libel, slander, defamation; to his province. Ortillo pays 50% of the contract
(8) Malicious prosecution; price as per agreement. It is also agreed that
(9) Article 309;
the balance would be payable periodically after
(10) Articles 21, 26, 27, 28, 29, 30, 32,
34, and 35. (Art. 2219) every 10% performance until completed. After
(11) wilful injury to property (Art. 2220) performing about 93% of the contract, for
(12) breach of contract (Art. 2220) which it has been paid an additional 40% as per
(13) death of passenger from breach a agreement, Fabricato, Inc. did not complete the
breach of carriage (Art. 1764 in
relation to Art. 2206 and (Expertravel
project due to its sudden cessation of
& Tours vs. CA) operations. Instead, Fabricato, Inc. demands
payment of the last 10% of the contract despite
Art. 2219. Moral damages may be its non-completion of the project. Ortillo
recovered in the following and analogous refuses to pay, invoking the stipulation that
cases: (not an exclusive list; 2PI-SALAMI-
309-Others)
payment of the last amount of 10% shall be
upon completion. Fabricato, Inc. brings suit for
(1) A criminal offense resulting in physical the entire 10% plus damages. Ortillo counters
injuries; with claims for (a) moral damages for Fabricato,
(2) Quasi-delicts causing physical injuries; Inc.s unfounded suit which has damaged his
(3) Seduction, abduction, rape, or other
lascivious acts;
reputation as a philanthropist and respected
(4) Adultery or concubinage; businessman in his community, and (b)
(5) Illegal or arbitrary detention or arrest; attorneys fees.
(6) Illegal search;

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TORTS & DAMAGES
(a) Does Ortillo have a legal basis for his claim
for moral damages?
(b) How about his claim for attorneys fees,
having hired a lawyer to defend him?
Suggested Answer:
(a) There is no legal basis to Ortillos claim for
moral damages. It does not fall under the
coverage of Article 2219 of the New Civil
Code.
Ortillo is entitled to attorneys fees because
Fabricatos complaint is a case of malicious
prosecution or a clearly unfounded civil action
(Art. 2208 [4] and [11], NCC).
Illustrations:
Moral damages in malicious prosecution
Mijares vs. CA
Moral damages cannot be recovered from a
person who has filed a complaint against
another in good faith, or without malice or
bad faith. If damage results from the filing of
the complaint, it is damnum absque injuria.
Castillo vs. Castillo
While it must be admitted that this case is
peculiar in that it is one filed by a daughter
against her own mother, that alone does not
justify any counterclaim, specifically for the
exemplary damages and moral damages
sought to be collected since the complaint as
has been said has been found to have some
merit. The adverse result of an action does
not per se make the act wrongful and subject
the actor to the payment of moral damages.
The law could not have meant to impose a
penalty on the right to litigate; such right is so
precious that moral damages may not be
charged on those who may exercise it
erroneously."
Moral damages in rape
People vs. Calongui
Anent the award of damages, civil indemnity
ex delicto is mandatory upon finding of the
fact of rape while moral damages is awarded
upon such finding without need of further
proof because it is assumed that a rape victim
has actually suffered moral injuries entitling
the victim to such award. No factual and legal
bases, no award of exemplary damages
should be allowed.
Moral damages in murder
People vs. Barcena
TC correctly awarded P75K as civil indemnity
which is awarded if the crime is qualified by
circumstances which warrant the imposition of
the death penalty. However, the award of
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P50K as moral damages must be increased to
P75K in line with prevailing jurisprudence. In
addition, the presence of the qualifying
circumstances of minority and relationship
entitles the offended party to exemplary
damages in the amount of P25K.
People vs. Teodorico Cleopas and Pirame
(2000)
The award of P50,000 from each accused as
moral and exemplary damages, however, is
unsupported. The widow of the victim did not
testify on any mental anguish or emotional
distress, which she suffered as a result of her
husband's death.
Arcona vs. CA
As borne out by human nature and
experience, a violent death invariably and
necessarily brings about emotional pain and
anguish on the part of the victims family.
Such violent death or brutal killing not only
steals from the family of the deceased his
precious life, deprives them forever of his
love, affection and support, but often leaves
them with the gnawing feeling that an
injustice has been done to them. For this
reason, moral damages must be awarded
even in the absence of any allegation and
proof of the heirs emotional suffering.
Labor Cases
Triple Eight Integrated Services, Inc. vs. NLRC
Moral damages are recoverable where the
dismissal of the employee was attended by
bad faith or fraud or constituted an act
oppressive to labor, or was done in a manner
contrary to morals, good customs, or public
policy. Likewise, exemplary damages may be
awarded if the dismissal was effected in a
wanton, oppressive or malevolent manner.
Factors for the Amount of Moral Damages
(1) Political, social, financial status, of the
person offended as well as the
business and financial standing of the
offender.
(2) Degree of anguish
(3) Sentimental value where applicable
Illustrations:
Kierulf et al. vs. CA
The social and financial standing of a claimant
of moral damages may be considered in
awarding moral damages only if he or she was
subjected to contemptuous conduct despite
the offender's knowledge of his or her social
and financial standing.
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Factors in Determining Amount
PNB vs. CA
Petitioner has not presented adequate
evidence to show that private respondent is
indeed a big time gambler. Petitioner has
besmirched private respondent's reputation
and has considerably caused him undue
humiliation. The records further show that
plaintiff is a prominent businessman, licensed
and engaged in the real estate business. He is
at the same time a consultant of Dizon-
Esguerra Real Estate Company. Defendant
treated him as a valued and VIP client.
Because of the bank's refusal to encash the
entire one million face amount of his
manager's checks, he was so embarrassed for
he was not able to purchase a house and lot
in Baguio City.
Lopez, et al. vs. Pan American World Airways
International carriers like defendant know the
prestige of such an office. For the Senate is
not only the Upper Chamber of the Philippine
Congress, but the nation's treaty-ratifying
body. And he was former Vice-President of the
Philippines. An award of P100,000,000 is
appropriate. Mrs. Maria J. Lopez, as wife of
Senator Lopez, shared his prestige and
therefore his humiliation. Mr. and Mrs. Alfredo
Montelibano, Jr. were traveling as immediate
members of the family of Senator Lopez. As
such they likewise shared his prestige and
humiliation.
Producers Bank vs. CA
In the case of Leopoldo Araneta v. Bank of
America, we held that: "The financial credit of
a businessman is a prized and valuable asset,
it being a significant part of the foundation of
his business. Any adverse reflection thereon
constitutes some financial loss to him. The
damage to private respondents' reputation
and social standing entitles them to moral
damages.
Who may recover moral damages?
Strebel vs. Figueras, et al.
As a general rule, the right of recovery for
mental suffering resulting from bodily injuries
is restricted to the person who has suffered
the bodily hurt, and there can be no recovery
for distress caused by sympathy for another's
suffering, or for fright due to a wrong against
a third person. A husband or wife cannot
recover for mental suffering caused by his
sympathy for the other's suffering.
Exception: Art. 2219
ABS-CBN vs. CA
The award of moral damages cannot be
granted in favor of a corporation because,
being an artificial person and having existence
only in legal contemplation, it has no feelings,
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CIVIL LAW
no emotions, no senses, It cannot, therefore,
experience physical suffering and mental
anguish, which call be experienced only by
one having a nervous system. The statement
in People vs. Manero and Mambulao Lumber
Co. vs. PNB that a corporation may recover
moral damages if it "has a good reputation
that is debased, resulting in social
humiliation" is an obiter dictum.
NAPOCOR vs. Philipp Brothers
While it is true that besmirched reputation is
included in moral damages, it cannot cause
mental anguish to a corporation, unlike in the
case of a natural person, for a corporation has
no reputation in the sense that an individual
has, and besides, it is inherently impossible
for a corporation to suffer mental anguish.
BAR QUESTION
Rosa was leasing an apartment in the city.
Because of the Rent Control Law, her landlord
could not increase the rental as much as he
wanted to, nor terminate her lease as long as
she was paying her rent. In order to force her
to leave the premises, the landlord stopped
making repairs on the apartment, and cause the
water and electricity services to be
disconnected. The difficulty of living without
electricity and running water resulted in Rosas
suffering a nervous breakdown. She sued the
landlord for actual and moral damages. Will the
action prosper? Explain.
Answer:
Yes, based on quasi-delict under the human
relations provisions of the New Civil Code
(Articles 19, 20 and 21) because the act
committed by the lessor is contrary to morals.
Moral damages are recoverable under Article
2219 (10) in relation to Article 21. Although
the action is based on quasi-delict and not on
contract, actual damages may be recovered if
the lessee is able to prove the losses and
expenses she suffered.
Alternative Answers:
(a) Yes, based on breach of contract. The
lessor has the obligation to undertake
repairs to make the apartment habitable
and to maintain the lessee in the peaceful
and adequate enjoyment of the lease for
the entire duration of the contract (Article
1654, NCC). Since there was willful
breach of contract by the lessor, the
lessee is entitled to moral damages under
Article 2220, NCC. She is also entitled to
actual damages, e.g. loss of income,
medical expenses, etc., which she can
prove at trial.
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(b) Yes, based on contract and/or on tort.
The lessor willfully breached his
obligations under Article 1654, NCC,
hence, he is liable for breach of
contract. For such breach, the lessee may
recover moral damages under Art. 2220 of the
NCC, and actual damages that she may have
suffered on account thereof. And since the
conduct of the lessor was contrary to morals,
he may also be held liable for quasi-delict.
The lessee may recover moral damages under
Article 2219 (10) in relation to Article 21, and
all actual damages which she may have
suffered by reason of such conduct under
Articles 9, 20 and 21.
Yes, the action should prosper for both actual
and moral damages. In fact, even exemplary
damages and attorneys fees can be claimed
by Rosa, on the authority of Magbanua vs.
IAC (137 SCRA 328), considering that, as
given, the lessors willful and illegal act of
disconnecting the water and electric services
resulted in Rosas suffering a nervous
breakdown. Art. 20 NCC and Art. 21 NCC
authorize the award of damages for such
willful and illegal conduct.
C. Nominal
Art. 2221. Nominal damages are
adjudicated in order that a right of the
plaintiff, which has been violated or invaded
by the defendant, may be vindicated or
recognized, and not for the purpose of
indemnifying the plaintiff for any loss suffered
by him.
Art. 2222. The court may award nominal
damages:
- in every obligation in Article 1157, or
- where any property right has been
invaded.
Art. 2223. What is precluded by the
adjudication of nominal damages?
- further contest upon the right involved
- all accessory questions
- between the parties or their respective
heirs and assigns.
Requisites:
(1) A legal right has been violated.
(2) There is no loss or damage suffered or
such cannot be proven or was not
proved.
(3) The award is to vindicate the right
violated.
General Rule: One does not ask for nominal
damages and it is in lieu of the actual, moral,
temperate, or liquidated damages.
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CIVIL LAW
Nominal damages are incompatible with:
actual, temperate and exemplary damages.
Armovit vs. CA
Nominal damages cannot co-exist with actual
or compensatory damages.
Francisco v. Ferrer
No moral or exemplary damages was
awarded. Nevertheless, when confronted with
their failure to deliver on the wedding day the
wedding cake ordered and paid for, petitioners
gave the lame excuse that delivery was
probably delayed because of the traffic, when
in truth, no cake could be delivered because
the order slip got lost. For such prevarication,
petitioners must be held liable for nominal
damages for insensitivity, inadvertence or
inattention to their customer's anxiety and
need of the hour.
D. Temperate
What is the nature of temperate or
moderate damages?
Temperate or moderate damages, which are
more than nominal but less than
compensatory damages.
It may be recovered when some pecuniary
loss has been suffered but its amount can not
be provided with certainty. (Art. 2224)
Temperate damages must be reasonable
under the circumstances. (Art. 2225)
Requisites:
(1) There is actual damage.
(2) The pecuniary amount of the damage
cannot be proved.
(3) Amount must be reasonable.
In cases where the resulting injury might
be continuing and possible future
complications directly arising from the
injury, while certain to occur are difficult
to predict, temperate damages can and
should be awarded on top of actual or
compensatory damages; in such cases
there is no incompatibility between actual
and temperate damages.
Temperate damages are incompatible with
nominal damages hence, cannot be
granted concurrently (Citytrust Bank vs.
IAC)
Pleno vs. CA
Temperate damages are included within the
context of compensatory damages (RCPI vs.
CA). ". . . There are cases where from the
nature of the case, definite proof of pecuniary
loss cannot be offered, although the court is
convinced that there has been such loss. For
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instance, injury to one's commercial credit or Exemplary damages cannot be recovered as a

to the goodwill of a business firm is often hard matter of right; discretion of the court. (Art.
to show certainty in terms of money. 2233)

NOTE: In this case actual and temperate Requisites to recover exemplary damages
damages were awarded. It is postulated that and liquidated damages agreed upon in
the actual damages is for the car while the addition to exemplary (Art.2234):
temperate damages is for the lost actual
income not sufficiently proved. The plaintiff must show that he is entitled to
moral, temperate or compensatory damages
E. Liquidated
If arising When exemplary
What are liquidated damages? from damages are
Those agreed upon by the parties to a granted
contract, to be paid in case of breach thereof. Art. Crimes the crime was
(Art. 2226) 2230 committed with an
aggravating
What are the grounds for equitable circumstance/s
reduction of liquidated damages? Art. Quasi-delicts defendant acted
- iniquitous or 2231 with gross
- unconscionable. (Art. 2227) negligence
Art. Contracts and defendant acted in a
In what instance is the stipulation not 2232 Quasi- wanton, fraudulent,
controlling? contracts reckless,
oppressive, or
When the breach of the contract is not the malevolent manner
one contemplated by the parties in agreeing (WFROMM)
upon the liquidated damages. In this case, the
law shall determine
EXEMPLARY OR the measure of damages. A stipulation whereby exemplary damages are
(Art. 2228) renounced in advance shall be null and void.
CORRECTIVE DAMAGES (Art. 2235)

Notes
(1) These damages are agreed upon in a
contract in case of breach thereof.
(2) There is no need to prove the amount,
only the fact of the breach.
(3) The amount can be reduced if:
a. unconscionable as determined by
the court (Art. 2227)
b. partial or irregular performance
General Rule: The penalty shall substitute
the indemnity for damages and the payment
of the interests in case or breach.
Exceptions
(1) When there is stipulation to the
contrary.
(2) When the obligor is sued for refusal to
pay the agreed penalty.
(3) When the obligor is guilty of fraud.
Notes
(1) Amount need not be proven.
(2) Cannot be recovered as a matter or right;
may be waived.
An employer may be subsidiarily liable to pay
moral, actual, temperate or liquidated
damages arising from an employees criminal
offense, but NOT as to exemplary damages
because aggravating circumstances are
personal to the accused.
PNB vs. CA
However, the award of P1,000,000 exemplary
damages is also far too excessive and should
likewise be reduced to an equitable level.
Exemplary damages are imposed not to enrich
one party or impoverish another but to serve
as a deterrent against or as a negative
incentive to curb socially deleterious actions.

F. Exemplary or Corrective

Art. 2229. Nature of exemplary or

corrective damages
- Imposed by way of example
- or correction for the public good
- in addition to the moral, temperate,
liquidated or compensatory damages.

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