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Torts and Damages
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?

public interest private concern
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 ER’s defense is ER’s defense is that
contract, for which a court of law will afford a that employee’s 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
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

100% UP LAW UP BAROPS 2008 Page 271 of 325

conduct which falls below least twice within the next the standard required by law. When is negligence presumed? 3. if he had been found guilty of 1. 1.TORTS & DAMAGES CIVIL LAW ct 3. Reasonable man. is not damage guilty of negligence if he fails to undertake done what subsequently and upon reflection may appear to be a better solution. Negligence tort 2. reckless driving OR Negligence is lack of due care required by a 2.: is imposed by law in certain situations. Example: Art. In cases where the law creates a presumption of II. Prosecut the family or bonus paterfamilias of proo al party. CA) 1. damage 1. 1912) 2184) b) Driver has been negligent if at the time An accident pertains to an unforeseen event in of the mishap. f Prove the ff. 1) to observe a possession or use thereof is indispensable in certain standard of conduct in a particular his occupation or business. EXCEPT when the the legal duty (element no. (US vs. the Civil Code provides for other D. on is who suddenly finds himself in a situation of breach between proved. 1999) Other cases: There is prima facie presumption of C. What are some classifications of tort? negligence. tort (Art.; 2. What are the tests of negligence? instances where negligence is presumed. Ordinarily prudent man. Other Torts (Human relations torts) negligence? Generally. (Art. What are the elements of negligence placed on the defendant. such as for common carriers or for persons vicariously liable. 2188) situation. Prove the ion. such as Negligence is the breach (element no. CA. causal until the ct connecti contrary Under the "emergency rule.; 100% UP LAW UP BAROPS 2008 Page 272 of 325 . (Art. preceding two months. 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. 2176)? 1." an individual 2. unless the emergency was brought by his own F. Causation 4. What is the relation of negligence to the negligence on the part of the DEFENDANT if elements of negligence tort? the death or injury results from his possession of dangerous weapons or substances.: Accused A standard of extraordinary diligence is ff. 2185) defendant. he was violating any which no fault or negligence attaches to the traffic regulation. such as presume in the case of a common carrier. 1. existen 2. (Valenzuela vs. (Jarco Marketing vs. What is the “emergency rule?” contra 3. 1756 regarding common Since negligence is the lack of due care carriers. 2) of firearms and poison. Damage In motor vehicle mishaps: B. Who has the burden of proving 4. violating traffic regulations at particular situation. (Art. the test is whether due care was observed. What is NEGLIGENCE? a) A driver was negligent. the burden is then A. NEGLIGENCE TORT negligence. Elsewhere. And most commonly. Strict liability tort F. it is the plaintiff or injured party. Barias. required by the circumstances. Intentional tort 3. Breach G. Legal duty 2. negligen d ce of a ce innocent E. good father of Burden Contractu Victim.

each having a close causal connection with its To be applicable.; 3) The instrumentality which caused the have reasonable ground to expect at the injury was under the exclusive control moment of his act or default that an injury to of the person in charge. What is PROXIMATE CAUSE? instrumentality under exclusive control and management of defendant. where plaintiff produces substantial evidence that injury was caused by an agency or J. either immediately or by course of things would not happen if reasonable care had been used. all constituting a IAC) natural and continuous chain of events. the final event in the chain immediately effecting the injury as a 1) Evidence of the specific acts of negligence is absent and not readily natural and probable result of the cause which available. (Manila Electric Co. a distinct. vs. such between hospitals and their attending and subsequent act or condition is the proximate visiting physicians. What is RES IPSA LOQUITUR? I.; and some person might probably result. even though such injury would not have happened for such Prof. 100% UP LAW UP BAROPS 2008 Page 273 of 325 . Services Inc. absent facts to support the application of The most basic element of any tort action is the respondeat superior or apparent authority. Medina. (Vda. injury. and that the Proximate legal cause is that acting first and occurrence was such that in the ordinary producing the injury. successive. A prior and remote cause cannot be made the basis of an action if such remote cause did In this jurisdiction. 1957) due to any voluntary action or contribution of the injured person.; first acted. as not necessarily occur unless someone an ordinarily prudent and intelligent person. De 4) The injury suffered must not have been Bataclan vs. Recent years have seen the doctrine of corporate negligence as the judicial answer to K. (Layugan vs. under such circumstances that the 2) The accident is of a kind which does person responsible for the first event should. speaks for itself) states that the happening of and a necessary element in establishing legal an injury permits an inference of negligence liability. The control test is cause. if there intervened doctrine does not dispense with the between such prior or remote cause and the requirement of proof of negligence. res ipsa loquitur requires: immediate predecessor. 1956) determinative. If no danger existed in the condition except because of the independent cause. setting other events in motion. no action will prosper. Agana condition or occasion. Mere invocation and application of the was made possible. Remoquillo. that without it. res ipsa loquitur is not a nothing more than furnish the condition and rule of substantive law but a mere evidentiary give rise to the occasion by which the injury rule. L. the duty of providing quality medical service is no longer the sole prerogative and responsibility of the physician. What is CAUSATION? The doctrine of res ipsa loquitur (the thing Causation is the bringing about of a result. vs. an negligent act which results in injury because employer-­‐employee relationship in effect exists of the prior defective condition. What is the relation of proximate cause the problem of allocating hospital’s liability for to the elements of negligence tort? the negligent acts of health practitioners. is negligent. 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. unrelated and efficient cause of the injury.TORTS & DAMAGES CIVIL LAW H. Its causal connection between the act or omission formulation proceeds from the judiciary’s of the tortfeasor and the plaintiff’s injury such acknowledgment that in these modern times. such condition was not For purposes of apportioning the proximate cause and if an independent responsibility in medical negligence cases.

though 2. “There was no damage. 2201. I exercised due determines which acts constitute negligence diligence. “I was not negligent. justifiable or excusable under the circumstances of the case is available. the proximate Art. Any waiver of 3. 1172. or when it is otherwise declared by statute: stipulation. CA. What are some of the defenses to prevent or mitigate negligence tort Negligence per se is the legal doctrine liability? whereby certain acts are considered intrinsically negligent. (Teague vs. (Cipriano vs. but such negligence. There is thus a statutory duty 4. (Anonuevo vs. paragraph 2.TORTS & DAMAGES CIVIL LAW EXCEPTION: However. The Art.” (Art. NO CONTROL and places him in a position contrary to that required by Art. 1996) violation sufficient to award damages based on negligence. In this case. “Even if I was negligent. proximate cause is presumed and the injured party need not O. 1173.” (Art. What happened imposed on petitioner and it is for his failure was a fortuitous event. were inevitable. (Art. or when the nature of the obligation requires the assumption of risk. 2178) intends to prevent happens. it was not the proximate cause of the damage. cases: of the place. par. the character and negligence rendering him liable for damages purpose of a particular statute may be such to private respondent for the destruction of that the courts will deem a reasonable the car which was serviced by the petitioner connection between the injury and the due to the fire. 2176) per se. negligence violation constitutes evidence of If the law or contract does not state the negligence diligence which is to be observed in the performance.” to comply with this duty that he was guilty of 100% UP LAW UP BAROPS 2008 Page 274 of 325 . What is NEGLIGENCE PER SE? P. of the time and DISPUTABLE in the ff.; which could not be foreseen. The violation of ordinance negligence in the performance of every kind of intended to promote safety is in itself obligation is also demandable. It is the law that 1. Except in cases expressly specified legal grounds or excuse for violation of a by the law. according to the circumstances. CA. 1171. Illustration: The law requires registration of 2176) service and repair enterprises for motor 3. Is the presumption that the violation of the statute is the proximate cause Art. N. that which is expected of a good The defense that the violation was either father of a family shall be required. Responsibility arising from cause of the injury. Anything that would make complying person shall be responsible for those events with the statute IMPOSSIBLE. the provisions of Articles 1171 and violation creates a prima facie case of 2201.; and 4. The fault or negligence of the disputable? obligor consists in the omission of that It depends. the obligor shall be responsible for all where the statute provides for negligence per damages which may be reasonably attributed se. What Civil Code provisions on establish proximate cause in the traditional obligations are applicable in quasi-­delict? sense. The provisions of Articles 1172 to 1174 are If the very injury which a particular statute also applicable to a quasi-­delict.; demandable in all obligations.” (Art. 1174. M. In case of fraud. malice or wanton CONCLUSIVE: It is not available in cases attitude. Conduct that is precisely excused or Art. When negligence shows bad faith. “I was not negligent. diligence which is required by the nature of the obligation and corresponds with the circumstances of the persons. Anything over which the defendant has foreseen. no 1. to the non-­performance of the obligation. 2176) vehicles. An EMERGENCY not of the defendant’s an action for future fraud is void. or which. making causing him to violate the statute. the violation of the statute is presumed to be. bad faith. shall apply. Responsibility arising from fraud is the statute. Fernandez) liability may be regulated by the courts.2 EXEMPTED by the statute. 2004) 2.

PLAINTIFF CANNOT RECOVER DAMAGES Damnum absque injuria. but the courts shall occupation.” RULE: The maxim “volenti non fit injuria” What is the effect of plaintiff’s negligence states that when a person voluntarily assents on his right to recover? to a known danger. Fontanar. IF it is the immediate and proximate CAUSE of his injury. The obligor (debtor) must be free from establish that such injuries resulted from a any participation in the aggravation of breach of duty which the defendant owed the injury resulting to the creditor. he CANNOT recover damages. Since conjunction of damage and wrong is 1. Cases expressly specified by law absent. CA. hurt. CA) (Juntillla vs. The owner would be liable only if MITIGATE the damages to be awarded. In order fulfill his obligation in a normal manner that a plaintiff may maintain an action for and the injuries of which he complains. or INJURIA”? which. Injury Q.” endangered property. It must be impossible to foresee the Thus. Volenti non fit injuria.TORTS & DAMAGES CIVIL LAW RULE: No person shall be seen responsible for What is the maxim of “DAMNUM ABSQUE those events which. could not foreseen. These situations are often render it impossible for the debtor to called damnum absque injuria. 1985) DEFENSES “I was negligent and I am the proximate “The plaintiff voluntarily assumed the risk. Illustration: The owner of an animal is answerable only for damages caused to a IF only CONTRIBUTORY. or harm which results from the injury. If damage results from a person's exercising EXCEPTIONS (LAS): his legal rights. Nature of obligation requires assuming the risk 3. there can be damage without injury event or if it can be foreseen. The occurrence must be such as to legal duty. damage sustained is not actionable.; A fortuitous event presents the following essential characteristics: DAMAGE is the loss. human will. (Afialde vs. or the failure DAMAGES are the recompense or of the debtor to comply with his compensation awarded for the damage obligation. (Custodio vs. he must 4. the plaintiff may animals voluntarily assumes the risks of his recover damages.; 2. he must abide by the consequences.” 100% UP LAW UP BAROPS 2008 Page 275 of 325 . to the plaintiff. though foreseen. the immediate and stranger. A caretaker of defendant's lack of due care. and that for damage caused to the proximate cause of the injury being the caretaker of the animal. Cases declared by stipulation (Art. 1989) 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. Hisolde) EXCEPTION: If an emergency is found to “I was negligent and I am the proximate exist or if the life or property if another is in cause of the damage. The cause of the unforeseen and unexpected occurrence. (Ilocos Norte Electric Company vs. it is damnum absque injuria.; and 1. BUT THE “I was just exercising my rights. 2. it must in those instances in which the loss or be impossible to avoid. he had been negligent or at fault under article 2179) 1902 of the Civil Code. There must be damnum et injuria. must be independent of the suffered. What is a FORTUITOUS EVENT? INJURY is the illegal invasion of a legal right. (Art.” cause of the damage but the plaintiff was guilty of contributory What is the maxim of “VOLENTI NON FIT INJURIA”? negligence. were inevitable. 1174) Damage v. but I already peril or when he seeks to rescue his paid.; harm was not the result of a violation of a 3.

CA. who had the Dictionary) last fair chance. but the negligent act of one is appreciably later in time than that of the A tortfeasor (liable directly or vicariously) other. What is VICARIOUS LIABILITY? opportunity to avoid the impending harm and failed to do so is chargeable with the Vicarious liability is the imposition of liability consequences thereof.TORTS & DAMAGES CIVIL LAW TWICE FOR THE SAME ACT OR OMISSION OF Prescription THE DEFENDANT. The liability is negligence of. in case of his death A waiver. the defendant was nevertheless civilly This doctrine places upon one person the liable for the legal damages resulting from the responsibility for another’s negligence. are couched in CLEAR and UNEQUIVOCAL TERMS responsible for the damages caused by which leave no doubt as to the INTENTION of the minor children who live in their a person to give up a right or benefit which company. must be or incapacity. (Gatchalian vs. as he had a fair opportunity to avoid the accident after he realized the situation b. (Art. or when it is impossible to determine may be a natural or a juridical person. whose fault or negligence should be attributed to the incident. Who is liable for the obligation the last clear chance. A collision was averted when the car swerved suddenly but the calesa still fell of the bridge.; It means nothing more than “look to the man while the plaintiff could by no means then higher up. the one who had the last clear B. 2180) negligent. The FATHER and. Smith. 1991) caused by the minors or incapacitated 100% UP LAW UP BAROPS 2008 Page 276 of 325 . collision. 1918) which is a manifestation of vicarious liability. if the latter. What is the test of validity of a waiver? C. Doctrine of Imputed Negligence negligence in being in the wrong side of the bridge. one's own acts or omissions. GUARDIANS are liable for damages Delim. (PBCom vs. 2180. Who are liable vicariously? a. Robles) “I was negligent but the defendant had A. based solely on a relationship recovery of damages for the supervening between the two persons. (Consolidated Bank vs. 2003) The relationship of pater familias is the basis of civil law liability. under whose control the tortfeasor was under) (Picart vs. or bar a defense against liability primary and solidary. legally pertains to him. 1146) Article 2177 of the Civil Code forbids ACTUAL -­ 1 year for defamation (Art. to be valid and effective. could have avoided the impending harm by the exercise of due Extra-­contractual liability of this kind has been diligence. Respondeat superior created by the negligence of the plaintiff and failed to avail himself of that opportunity. (Art. An antecedent on one person for the actionable conduct of negligence of a person doesn’t preclude the another. the MOTHER. road side of the road and a car converged on BASES: a bridge. b. Last clear chance is inapplicable in culpa c.” imposed by Article 2176? What is the doctrine of “LAST CLEAR The obligation imposed by Article 2176 is CHANCE”? demandable from: The doctrine of “last clear chance” (also 1. 2177) -­ 4 years for Quasi-­Delict (Art. acts or omissions of persons for whom peril”) states that where both parties are one is responsible. an award of damages in a civil case does not preclude an PERSONS LIABLE award of damages in the subsequent criminal case.” (usually the employer or person place himself in a position of greater safety. Although the plaintiff was guilty of a. Hence. Bonus paterfamilias. (Padua vs. It is a defense for all instances of vicarious liability based on Art. CA. “supervening negligence” or “discovered 2. 1147) double recovery of damages for the same negligent act or omission. 1997) limited to cases wherein “moral culpability” can be directly imputed to the person Illustration: A calesa being driven on the charged. (Black’s Law sought by another. contractual. particularly for an Waiver employer.

3. living in their company AND under their parental authority subject to the appropriate Art 2180. 100% UP LAW UP BAROPS 2008 Page 277 of 325 . par 4 may be unnecessary as Art defenses provided by law. parents are still liable for the Employers torts committed by their children below 21 years of age. The STATE is responsible in like authority of the parents manner when it acts through a special 2. (Art 236.;” hence. parent(s) was caused on exercising parental authority is liable for the the occasion of torts of their children. Despite the lowering of the age of majority from 21 to 18. The child is under the parental latter are employed or on the occasion authority of the parents of their functions. The tortfeasor is under his authority agent. pupils and students or apprentices. The child is below 21 years old service of the branches in which the 2. He shall be answerable with his own establishments of arts and trades shall property in an action against him where a be liable for damages caused by their guardian ad litem shall be appointed. their functions Art.TORTS & DAMAGES CIVIL LAW persons who are under their authority REQUISITES for liability to attach: and live in their company. even Company) though the former are not engaged in 1. f. TEACHERS or HEADS of Yes. The child is under the parental e. the guardian is liable for the acts of the ward C. Art. (Art. 2180) Owners and managers of establishments or enterprises Rule on Construction: Because it imposes Who are For Requisites strict liability. on the presumption that he failed to exercise due diligence in the selection and supervision of his employees. as The liability of an employer is based primarily amended by RA 6809). in Is a minor or insane tortfeasor with NO which case what is provided in Article parent or guardian liable? 2176 shall be applicable. Who are liable vicariously? (continued) regardless of the latter’s age. 221 (Family Code) PARENTS and The term “owners and managers of an OTHER PERSONS EXERCISING PARENTAL establishment or enterprise” is used in the AUTHORITY shall be civilly liable for the sense of an “EMPLOYER. The ward if minor is below 21 years any business or industry. par 5 already covers the cases under par 4. Now. 2180. old. The child is living in the company of d. in which the employees are Parents and Guardians employed -­OR-­ Article 2180 (a) has been REPEALED by Art. If Incapacitated. managers injuries and damages caused by the acts or cannot be liable since they themselves are omissions of their unemancipated children employees of the enterprise. The tortfeasor is living in his company been caused by the official to whom the task done properly pertains. Owners and Their The damage managers of an employees was caused in D. so 2182) long as they remain in their custody. The damage 221 of the Family Code. par 3 FC.; but not when the damage has 3. (Art. Lastly. The OWNERS and MANAGERS of an Parents (mnemonic: 21 + Authority & establishment or enterprise are Company): likewise responsible for damages caused by their employees in the 1. c. Instances where there is vicarious establishment the service of or enterprise the branches liability. EMPLOYERS shall be liable for the the parents damages caused by their employees and household helpers acting within Guardians (mnemonic: Authority & the scope of their assigned tasks. 2180 should be interpreted liable whose for liability to strictly and cannot be extended to persons not acts attach enumerated therein.

the employer 1) existence of the employer-­employee was also made liable under Art. In Castilex A special agent is Industrial Corp. BAR QUESTION (Sec 3. acting within the assigned tasks of his c. (321 SCRA 393 [1999]). the executive made personal use persons are deprived of remedy? 100% UP LAW UP BAROPS 2008 Page 278 of 325 . The latter is caused by their employees who were acting the same as that of a private within the scope of their assigned tasks.) was outside normal working hours. vs. General Rule: The State cannot be sued. Art. 2180 (par. COMMISSIONED FOR A SPECIAL GOVERNMENT after coming out from work. the Supreme Court held that a. However. 253 SCRA 303 [1996]). employers are liable for damages governmental) functions. 2180 of the relationship Civil Code for the injury caused by the 2) THE EMPLOYER WAS CHOSEN BY THE negligent operation of the car by the EMPLOYEE. the State assumes a limited liability for the acts of its special agents. Vasquez. executive of a pharmaceutical company was given the use of a company car. The insurance company was ON THE OCCASION OR BY REASON OF THE held liable even though the employee was not FUNCTIONS ENTRUSTED TO HIM. Consti) Exceptions: After working overtime up to midnight. due diligence in selection and supervision of State his employees. engaged in his own or affairs or carrying out a personal purpose B. Art.” At 2:00 a. 2180 (6) is an example of an negligent act of Alberto? Why? express legislative consent.. accident (also 2:00 a. Local Government Code provides for employment. The State filed the case with friends to “unwind. Jr. the official’s usual government functions. Suggested Answer: b. but in doing so. corporation or individual. The time of the TASK. then the State when the accident happened. the mere fact that Alberto was using De Leon) a service vehicle of the employer at the time of the injurious accident does not necessarily Who is a special agent? mean that he was operating the vehicle within the scope of his employment. Art XVI. May the insurance company be held liable for the a. an executive of an insurance company drove a company vehicle to a favorite videoke bar a. and even though he was is commissioned to perform non-­ not within the scope of his assigned tasks governmental functions. Here. he Instances where the state gives its drove home. CA.; AND executive by the employer for the prestige of 4) THE ILLICIT ACTS OF THE EMPLOYEE WAS the company. Alternative Answer: This act must be the one that gives rise to the The insurance company is liable if Alberto was injury claimed.TORTS & DAMAGES CIVIL LAW REQUISITES OF LIABILITY: of the car and met an accident. A PRIVATE INDIVIDUAL WHO IS when he went to a restaurant at 2:00 a. There is express legislative consent where he had some drinks and sang some songs b. and after Does state immunity mean that injured office hours. Alberto was not of public works. performing within the scope of his assigned tasks when the accident happened The employer can interpose the defense of (Valenzuela vs. (Merritt vs. The agent must be empowered by a definite order or commission to perform some act. the liability of local government units for the for the wrongful exercise of its It is true that under Art. former was.m. (Mendoza vs.m. nevertheless. where an can be held liable for the agent’s tort. 5) of the proprietary (as opposed to its Civil Code. 2189 provides for state liability for The insurance company is not liable because damages caused by defective condition when the accident occurred. Government) negligent in the operation of the car and the car was assigned to him for the benefit of the If the State’s agent is not a public official and insurance company. Alberto. In one case assumes the role of an ordinary employer and decided by the Supreme Court.; executive on the ground that the car which 3) THE WORK BEING PERFORMED WAS IN caused the injury was assigned to the ACCORDANCE WITH A VALID ORDER. he bumped a consent to be sued: tricycle.m. resulting in the death of its driver. A public official required to do a notwithstanding the fact that the employee particular task that is foreign to said did some overtime work for the company.

2180 must be read together with the provisions of the Family Code.; AND authorized activities whether inside or outside 3) Proof of the amount of damage. A regular official is liable under Art 2176 only) for the damage he causes. Who are liable? 2194) Persons exercising substitute parental authority (SATI) G. unlike in the case of parents and guardians. the premises of the school. May they recover what they paid and from whom? 1) School 2) Administrators Yes. Art.TORTS & DAMAGES CIVIL LAW 1) The tortfeasor is a minor (below 18 No. arts and trades What are the requisites for liability to attach under Article 2180? Art. But as a rule. “Custody” means the protective and supervisory custody the school and its head Art. 219. STUDENT WHO. Responsibility ceased when they prove the preceding paragraph shall not apply if it is that they observed all the diligence of a good proved that they exercised the proper father of a family to prevent damage. COMMISSION. entity or institution trades. judicial guardians or the persons exercising substitute parental authority over said minor shall be E. even 2) Under their supervision. 18 and 21. Cases which do not fall under the provision on Teachers and heads of establishments of substitute parental authority will be governed by Art 2180 of the Civil Code. 2181) Substitute parental authority is intermittent What are the requisites for liability to attach under the Family Code? REQUISITES: 100% UP LAW UP BAROPS 2008 Page 279 of 325 . The parents. (Art. (Art. diligence required under the particular 2180) circumstances. All other cases not covered by this and the F. Do tortfeasors vicariously liable under subsidiarily liable. WAS UNDER THE CUSTODY OF Authority and responsibility shall apply to all THE DEFENDANT. The school.; engaged in child care shall have special 2) THE DAMAGE TO THE PLAINTIFF MUST BE parental authority and responsibility over the CAUSED BY THE ACT OR OMISSION OF A minor child while under their supervision. What is the liability of joint tortfeasors? preceding articles shall be governed by the provisions of the Civil Code on quasi-­delicts. instruction or if injury is caused in the course of the custody performance of a governmental duty. caused by the acts or omissions of the unemancipated minor. 2180 have a defense? The respective liabilities of those referred to in Yes. or the individual. thus: REQUISITES: 1) The defendant must be the teacher or Art. 218. entity or institution. its administrators and the head of a school of arts and teachers. no recovery can be had from the government’s RA 6809 does not provide that persons officers so long as they performed their duty exercising subsidiary parental authority are honestly and in good faith or that they did not liable for the torts of those who are between act wantonly or maliciously. (Art. Whoever pays for the damage caused by 3) Teachers his dependents or employees may recover 4) Individual/entity/institution engaged in from the latter what he has paid or delivered child care in satisfaction of the claim. Those given the authority and and teachers exercise over the students for as responsibility under the preceding Article shall long as they are at attendance in the school. AT THE TIME OF ITS instruction or custody. be principally and solidarily liable for damages including break times (lunch or recess). The responsibility of two or more persons who are liable for quasi-­delict is SOLIDARY.

Velez) 100% UP LAW UP BAROPS 2008 Page 280 of 325 . Every person must. (Art. if the tortfeasor Good faith is presumed and the burden of is a proving bad faith is on the party alleging it. customs or public policy. good custom. This is palpably and unjustifiably contrary to good Art 19 contains a mere declaration of customs for which defendant must be held principles. But to formally set a wedding and go through all the above-­ Every person who. is quite different. or public policy. 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. public order. INTENTIONAL TORTS be contrary to morals. contrary to law. nt of arts the age (Cebu Country Club. (Globe Mackay vs. Inc. a legal wrong is thereby students) committed for which the wrongdoer must be Head of Apprentices custody held responsible. Breach of promise to marry.TORTS & DAMAGES CIVIL LAW Who are For whose Requisite for liable Acts Liability to A right. teacher/ employee of the B. 3) Act is done with intent to injure. CA) There is an act which is legal but which may III. good contract. vs. Francis compensate the latter for the damage. in the exercise of his seduction and sexual assault rights and in the performance of his duties.; the school 2) Which is exercised in BAD FAITH. 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. b. 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. act with justice. give everyone his due.; (PSBA vs. CA) What are intentional torts? Illustrations: A.; CA) 4) There is a loss or injury suffered as a result of said violation. (Wassmer vs. The declaration is implemented by answerable in damages in accordance with Art. Secretary of Defense.e. (Ruiz vs.; Albenson vs. to act with to exercise custody justice. 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.. Ricardo F. (Art. good customs or public policy shall (St. wilfully or described preparation and publicity. (Albeson vs.; to give everyone his due. 20) be solemnized.; and to supervision regardless of observe honesty and good faith) and results in over the age damage to another. 20. only to negligently causes damage to another. An action for damages under establishme regardless of either Article 20 or Article 21 would be proper. Acts contra bonus mores school. if the tortfeasor REQUISITES: is a stranger. Abuse of Rights a. vs. (Art.; (Art 218 3) FOR THE SOLE INTENT OF PREJUDICING OR FC) INJURING ANOTHER. CA) Article 21. shall walk out of it when the matrimony is about to indemnify the latter for the same. et al. and Mere breach of promise to marry is not an observe honesty and good faith. CA) 21) c. 19) actionable wrong. When a right is exercised in a (the one remain in manner which does not conform with the designated teacher’s norms enshrined in Article 19 (i. and trades Elizagaque) School a.

who had a policy tolerable ground of suspicion. OTHER TORTS (OTHER HUMAN prosecution. Note: It seems that the second and third elements are REDUNDANT. CA) Abuse of Rights vs. (Art. Malicious Prosecution Article 19 Article 21 (as implemented RULE: One cannot be held liable in damages by Art. 1701 of the CC required before disconnection of the service. Ostentatious Display of Wealth an iota of proof is impermissible. (Meralco vs. good would be a very great discouragement to customs. Reason: It morals. (Que vs. CA) obligation to return it arises. and Art 21 of the CC. 20) for maliciously instituting a prosecution where Act is Contrary to law Contrary to he acted with probable cause. suit or other proceeding in favor RELATIONS TORTS) of the defendant herein. Sta. A. for the mere purpose of vexation or injury.(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.(CC) If something is received As to the elements of malicious prosecution. prosecutor (3) Action was terminated with an Art. Unjustified Dismissal Thoughtless extravagance in expenses for pleasure or display during a period of acute Quisaba vs. 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. Disconnection of Utilities If the dismissal was done anti-­socially or oppressively. were liable to Manner Willfully or Willfully be sued at law when their indictments negligently miscarried. Failure to give such prior notice amounts to a tort. that is by improper or sinister benefited. (CC) Every person who through an act of performance by another. petitioner had the right to ascertain the identity of the malefactor. 25) 100% UP LAW UP BAROPS 2008 Page 281 of 325 . or other legal proceeding has been instituted maliciously and without probable cause. the absence of malice. and it the presence of probable cause signifies the was unduly delivered through mistake. 22. Acts Contra Bonus Mores c. Public Humiliation 1) defendant is enriched Carpio vs. Ines public want or emergency may be stopped by order of the courts at the instance of any government or private charitable institution. Art. motive (Drilon vs. (Albenson vs. The gist of the action is the putting of legal process in force. shall return the same to (2) Defendant was himself the him. REQUISITES: d. Valmonte 2) plaintiff suffered damage or loss 3) there is no just or legal ground for defendant's enrichment Wedding coordinator accused by bride’s aunt 4) enrichment is at the expense of for stealing jewelry. True. then A prior written notice to the customer is the respondents violated Art. Unjust Enrichment regularly. public public justice if prosecutors. 23. when there is no right to demand it. after the termination of such IV. in the presence of other plaintiff people in hotel room. IAC) Result Damage Injury or loss EXCEPTION: An action for damages brought Sanction Indemnify Compensate by one against whom a criminal prosecution. the latter shall be liable for (5) Prosecutor was impelled by legal indemnity if through the act or event he was malice.TORTS & DAMAGES CIVIL LAW b. e. but to malign respondent without B. 2154. civil suit. as the complaint alleges. CA) Art.

deceit. THREATS (BOTH AGAINST COMPETITORS Furthermore. without Corporation vs. 28 (CC). 100% UP LAW UP BAROPS 2008 Page 282 of 325 . Louis Realty and other relief against he latter. homemade ice cream as Magnolia ice cream. 28 may be pursued entirely independent from a criminal Art. selling proof of malice or arbitrariness in the action. Personality. oppressive or highhanded (2) He refused or neglected without just method shall give rise to a right of action by cause to perform the duty the person who thereby suffers damage. dignity. VIOLENCE AND may be intentional or unintentional. or neglects. What are the types of strict liability tort? Acts listed are not exclusive. the plaintiff must performance show that the former’s conduct was PURELY MALICIOUS and served no legitimate purpose. Product Liability advertisement of house in the Sunday times. trade mark For discretionary “duties. personality.; on the breach of an absolute duty to make something safe. Damages caused by an animal 2.; also known as absolute liability. 27) E. to perform his his private life was mistakenly and official duty may file an action for damages unnecessarily exposed.; MINISTERIAL. lingering impression that he was Any person suffering material or moral loss renting his residence from Arcadio or that because a public servant or employee refuses Arcadio had leased it from him. Respect for Dignity.” there should be infringement. Passing off. 1984) prejudice to any disciplinary administrative action that may be taken. Every person shall respect the action. D. and must be owed only to the 2. STRICT LIABILITY TORT not constitute a criminal offense. physical defect. Either way. but is not deliberate act which may be due to erroneous limited to: belief in good faith or plain ignorance. though they may V. (Art. lowly station in life. Unfair Competition REQUISITES (Amaro vs. prevention and other relief: What is a STRICT LIABILITY TORT? (5) Prying into the privacy of another's residence: Tort liability that does not depend on actual (2) Meddling with or disturbing the private negligence or intent to harm but that is based life or family relations of another.;(4) Vexing or humiliating cases. intimidation. liability another on account of his religious beliefs.TORTS & DAMAGES CIVIL LAW The acts and omissions of the firm fall under Article 26. but need not involve. (4) The amount of such damages.; a tortuous interference fulfill it. with another’s patronage that may. (3) Plaintiff sustained material or moral loss as a consequence of such non-­‐ For a defendant to be liable. Unfair competition in (1) Defendant is a public officer charged agricultural. Samanguit): Art. Persons who know the residence of C. Motor vehicle mishaps Illustration of a “similar act”: Wrongful 3. Competition with malice. machination or any other unjust. 1. Privacy and Peace of Mind of Another A civil action based on Art. PHYSICAL INTERFERENCES.; while NEGLECT which is the failure to do a thing. 1. Note (Sangco): REFUSAL implies a Unfair competition includes.; person who sustains the loss by the failure to 3. CA. or other personal condition. commercial or industrial with a performance of a duty in favor enterprises or in labor through the use of of the plaintiff force. without fault. without just cause. The following and similar acts. shall produce a cause of action for damages. place of birth. for example. were confused by the distorted. if or that any trade or competitive motive was material absent. Dereliction of Duty Doctor Aramil. (St. 26. the duty to act must be AND THEIR CUSTOMERS). privacy and peace of mind of his neighbors and other persons.; most often applies to ultra-­ (3) Intriguing to cause another to be alienated hazardous activities and products-­liability from his friends.

Suggested Answer: 2183) (a) No. In shall be liable for damages for the death of. (Art. Thai. at the time of the incident. It holds the the presence of such defects would have possessor liable even if the animal should been readily detected by diligence "escape or be lost" and so be removed from maintenance check. Orlando and Diego contend that the sudden malfunction of the van’s Who is liable for damages caused by an brake system is a fortuitous event and that. Yu Khe diligence. Motor Vehicle Mishaps on the theory that they are under his control and supervision. Damages caused by an animal car in front of it. 2186) MANUFACTURERS and PROCESSORS of foodstuffs. drinks. to a third party affect his liability for his driver’s negligence? Explain. by the use of due diligence. causing the van to go even faster and eventually to hit the A. And it does not matter either that maintain the vehicle in safe running the animal was tame as the law does not condition constitutes negligence. (b) The doctrine of vicarious liability is that IAC) which renders a person liable for the negligence of others for whose acts or omission the law makes him responsible B. Available defenses: Damage should come from force majeure or from the fault of the person who has suffered damage. since regardless of the ownership. they are exempt from any liability. the consumers.e. Defective condition of public works bumped a car in front of it. Defective condition of public works slope caused the van to gain speed and that. suddenly gained speed. by the use of the due prevented the mishap (Caedo vs. or their defense. The failure to his control. any person by reason of 100% UP LAW UP BAROPS 2008 Page 283 of 325 . The POSSESSOR of an animal or WHOEVER (a) Is this contention tenable? Explain. obviously beyond the authorized limit in the area.) The law requires every owner of a motor C. speak only of vicious animals. Mechanical defects of a motor vehicle What must be determined is possession do not constitute fortuitous event. (c) Does the presence of the owner NOT available as a defense: Although animal inside the vehicle causing damage may escape or be lost. 5. However. The car owner and the injured passengers sued Orlando and Diego LGUs (provinces. (Vestil vs. the owner is made solidarily liable with his driver if he If owner was in the motor vehicle: DRIVER (the owner) was in the vehicle and could and OWNER. The amount of the used? bond and other terms shall be fixed by the competent public official. the brakes locked. (Art. and D. he is solidarily liable with his have. toilet articles and similar BAR QUESTION goods shall be liable ALTHOUGH no contractual relation exists between them and A van owned by Orlando and driven by Diego. Who is liable in motor vehicle mishaps? (c) In motor vehicle mishaps. in view of the express Article 2180 is applicable. person who given fact that “Orlando was not in the car caused the injury and the employer) (Art. Orlando was not in the car at the defective condition of public works? time of the incident. Diego claims that the downhill injuries suffered by. this question has no factual basis in the If the owner was NOT in the motor vehicle: problem given. 26 SCRA 410 [1968]). Things thrown or falling from a building acceleration.” 2184. MAY MAKE USE of the same is responsible for (b) Explain the concept of vicarious the damage which it may cause.TORTS & DAMAGES CIVIL LAW 4. driver IF he could have. 2187) while negotiating a downhill slope of a city road. Product Liability vehicle to file with the proper government office a bond executed by a government-­ Who is liable for death or injuries caused controlled corporation or office. liability in quasi-­delicts. (Art. Collapse of a building as he stepped on the brakes to check the 6. to answer for by any noxious or harmful substances damages to third persons. causing severe damage to the car and serious injuries to its Who are liable for damages caused by passengers. prevented the misfortune. (i. cities and municipalities) for damages cause by Diego’s negligence. animal? therefore.

2180 Manufacturers death and Absence on and injuries caused contractual Processors of by any noxious relation E. public by force majeure. 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. which may be defective supervision harmful to persons or property. if not caused bridges.; by reason of the their d) By excessive smoke. 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. 2189) s If not in Requisite for liability is supervision NOT vehicle ownership. streets. near highways or lanes. 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. and Provinces. Collapse of a building foodstuffs. public buildings. other public sewers or deposits of infectious matter. and other public Strictly or works UNDER THEIR CONTROL OR Liable Exception SUPERVISION. 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. streets. Person For What Defenses bridges. (Art. canals. works constructed without precautions Proprietor of total or Responsibili suitable to the place.; buildings.; condition of s e) By the falling of trees situated at or roads. and f) By emanations from tubes. 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. 2191) building/ partial ty for structure collapse of collapse F. or harmful NOT a drinks.TORTS & DAMAGES CIVIL LAW the defective condition of roads. (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. (Art. 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 100% UP LAW UP BAROPS 2008 Page 284 of 325 .

The right of the accused to be heard by himself and counsel. Freedom of speech Code. TORTS WITH INDEPENDENT of any criminal prosecution (if the latter be CIVIL ACTION instituted) and may be proved by a preponderance of evidence.; to make such confession. Family that damages whether or not the defendant’s act or lives in a caused by omission constitutes a criminal offense. or from being within 15 years forced to confess his guilt. brought within 18. The right against deprivation of property lanes. Exemplary A. Such civil action shall proceed independently VI. defeats. violates or in any manner omission constitutes a violation of the Penal impedes or impairs any of the following rights code or any other penal statute. The liberty of abode and of changing the deposits of same infectious 11. The right to privacy of communication and matter. except when the action must be person confessing becomes a State witness. and liberties of another person shall be liable to the latter for damages: REQUISITE: FACT OF VIOLATION 1. 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. The right to be secure in one’s person. Contractor structure is to meet the witnesses face to face. Violation of Civil and Political Rights damages may also be adjudicated.TORTS & DAMAGES CIVIL LAW Person For What Defenses 3. to have a speedy and public trial. who directly or indirectly demandable from a judge unless his act or obstructs. it is enough that there was a violation of the constitutional rights of the plaintiffs and 100% UP LAW UP BAROPS 2008 Page 285 of 325 . if not without due process of law caused by 7. if damage of nature and the cause of the accusation Architect or building or against him. Freedom from arbitrary or illegal detention s 5. and for other relief. house. 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. papers and effects against canals. The right of the accused against excessive bail 16. Freedom to write for the press or to Strictly or maintain a periodical publication Liable Exception 4. Freedom of religion To be liable under Article 32 of the New Civil 2. to be informed of the Engineer.; construction 17. from tubes. The right to equal protection of the laws emanations 9. 32 CC. The right to become a member of without associations and societies for purposes not precautions contrary to law suitable to the 13. Freedom form being compelled to be which happens witness against one’s self. or from being from induced by a promise of immunity or reward construction. to have caused by compulsory process to secure the attendance defect in of witnesses on is behalf. The right to take part in a peaceable place assembly and petition the government for redress of grievances 14. The indemnity shall include moral damages. The right to be free from involuntary servitude in any form 15. Freedom of suffrage highways or 6. or any The responsibility herein set forth is not private individual. Any public officer or employee. The right to just compensation when force majeure property is taken for public use by 8. unreasonable searches and seizures sewers or 10. correspondence constructed 12.

It is that which tends to refuses or fails to institute criminal injure reputation or to diminish the esteem. good will or confidence in the plaintiff offender. criminal prosecution. et al. the civil action shall be suspended until the termination of the REQUISITES for recovery. Islamis information should be presented by the Da’wah Council of the Philippines. falls under fraud.TORTS & DAMAGES CIVIL LAW it is not requires that defendants should have (2) defamatory. defendant’s motion. in Corpus vs. CA) action herein recognized shall be independent of any criminal proceedings. such peace intentionally done would be punishable as a officer shall be primarily liable for damages felony. and physical injuries. defendant (1) Published a statement that was. which includes libel and slander. a civil action for damages. et. Ponce De Leon) action for damages. entirely separate and 3. 33 CC. The civil thereof. fraud included in Art. Neglect of Duty mentioned in article 33 and therefore. There must be a presence of allegations as to special damages suffered If during the pendency of the civil action. Such civil generic sense. The case of reckless (Madeja vs.) prosecuting attorney. Defamation. proceedings. and hence the law penalizes the and the city or municipality shall be negligent or careless act and no the result subsidiarily responsible therefore. When a person claiming to be injured 1. fraud and physical injuries.” Allowing (3)concerning the plaintiff. action is granted in this code or any special law. the provision which uses the expressions “criminal action” and “criminal prosecution”.” (Prudential Bank vs. good faith as an excuse would defeat the main purpose of the provision which is the effective 2. Upon the about the plaintiff. may be The term “physical injuries” is used in a brought by the injured party. charges another with the same. (MVRS Publications vs. Caro) imprudence resulting in physical injuries and homicide is not one of the three crimes C. Fraud. or the prosecuting attorney malicious statements. entirely separate and distinct from the criminal action may be B. The ruling a preponderance of evidence. Inc. This is manifest in support such action. fame or reputation through false and been committed. 33 is not authoritative. but the justice of the peace finds no means the offense of injuring a person’s reasonable ground to believe that a crime has character. D. are not actionable. for which no independent civil Defamation. is the execution of the render aid or protection to any person in case imprudent or negligent act that. Paje. Physical Injuries distinct from the criminal action. Hon.. (Madeja vs. Fraud protection of individual rights and its objective is to put an end to official abuse by the pleas Under article 33 of the Civil Code. It is not the crime of physical action shall proceed independently of the injuries defined in the RPC. and a The civil action for damages which it allows to preponderance of evidence shall suffice to be instituted is ex-­delicto. Caro) 35 CC. but consummated. Hon. When a member of the city or criminal prosecution. and PHYSICAL INJURIES.; Prove that the criminal proceedings. a by the plaintiff. Physical injuries brought by the injured party in cases of defamation. a civil of good faith. if of danger to life or property. Action for damages where no This conclusion is supported by the comment independent civil action is provided of the Code Commission. al vs. In cases of DEFAMATION. 100% UP LAW UP BAROPS 2008 Page 286 of 325 . Defamation by a criminal offense. (Marcia. Such civil action may be supported or to excite derogatory feelings or opinions by a preponderance of evidence. no civil action shall proceed independently of the 34 CC. the court may require the plaintiff to file a bond to indemnify the defendant in case the complaint should be Words which are merely insulting or offensive found to be malicious. and shall require only frustrated and attempted homicide. which states that reckless imprudence or criminal negligence is not Article 33 speaks only of defamation. It includes not only physical injuries. the complainant may bring a civil action for damages against the alleged respect. acted with malice or with bad faith. IAC) FRAUD. Estafa Art. The essence of the crime municipal police force refuses or fails to of criminal negligence. (Lim vs.

” Deemed instituted in every criminal and may be filed separately and prosecuted prosecution is the civil liability arising from the independently even without any reservation in crime or delict per se (civil liability ex delicto). the taxicab owners may raise Though the general rule provides that one the defense of diligence of a good father of who is not criminally liable cannot be civilly a family in the selection and supervision of liable. But double recovery is not allowed.; instituted” with the criminal action is only the and action to recover civil liability arising from the c. an act or omission. Florido) (Sps. shall be allowed.; Criminal Procedure. Canonoy) owned by A and another taxicab owned by B. the civil the private complainant in the criminal case. as specifically provided for in Article 2177 of the Civil Code. As a result of a collision between a taxicab (Cinco vs.P. Alternative Answer: 100-­103 include: No such reservation is necessary. the criminal action (Section 3. If liability. 101-­103 provide exceptions the driver. action provided under this article cannot (Casupanan vs. 2000 but not those liabilities from quasi-­delicts. (b) May both taxicab owners raise the defense 2177) of due diligence in the selection and supervision of their drivers to be absolved RPC Art. (Garcia vs. RPC Arts. defense. 2176-­2194 of the New civil case is filed ahead of the criminal case. was seriously injured. August 26. But a separate proceeding 100 of the Revised Penal Code or create an for the recovery of civil liability in cases of action for quasi-­delict or culpa extra-­ violations of B. Civil Code. (b) It depends.; if the action against them is as they provide for vicarious liability for based on culpa contractual or civil liability certain types of offenders and subsidiary arising from a crime.TORTS & DAMAGES CIVIL LAW Notes: Because of the last sentence. All the other civil actions damages. This general rule however presupposes Suggested Answer: that the felony had resulted in damage or (a) It depends. they cannot raise the liability in case of default of the offender. Rule 111. (Art. criminal liability will attach. 22 is allowed when the contractual under Arts. must have caused is based on culpa contractual or on quasi-­ damage or injury to another. CIVIL LIABILITY ARISING action against both drivers. Under Section 1 Rule 111 of the 2000 Rules on a. 145391. The civil liability established by RPC Arts. what is “deemed b. X. G. vs. No. 2002) a separate civil action for quasi-­delict against 100% UP LAW UP BAROPS 2008 Page 287 of 325 . 22 shall be deemed to include It should be emphasized that the same the corresponding civil action and that no negligent act causing damages may produce a reservation to file such civil action separately civil liability arising from a crime under Art. there is no need for reservation. reservation is necessary. If the separate civil action is injury to another’s person or property. is criminally liable for a felony is also civilly liable. Benito Lo Bun Tiong etc. validly file. If the civil action is based on quasi-­delict. (Neplum vs. simultaneously and independently. a passenger of the first taxicab. (a) FROM CRIME (a) Is it necessary for X to reserve his right to Responsibility for fault or negligence is institute a civil action for damages against both entirely separate and distinct from the civil taxicab owners before he can file a civil action liability arising from negligence under the for damages against them? Why? RPC. Reparation of the damage caused. Laroya) strictly be considered as an independent civil action. make a reservation the criminal action is not a Orbeso) waiver of the right to file a separate and independent civil action based on these An accused in a pending criminal case can articles of the New Civil Code (Casupanan vs. Laroya. Rules on Criminal Procedure). Restitution. To to recover damages arising from the create an obligation or give rise to civil criminal act. otherwise only delict.R. 34. whether the civil action against the taxicab owners intentional or negligent. X later filed a criminal VII. under Articles 32. Indemnification for consequential crime or ex delicto. The failure to contracts or quasi-­contracts. 100 provides that every person who from liability for damages to X? Reason. 33. The criminal action for violation of Batas Pambansa Blg. No. Vicente Balboa) If Liability being predicated on quasi-­delict the civil case may proceed as a separate and BAR QUESTION independent civil action. 2176 of the New Civil Code are no longer “deemed instituted.

or satisfaction for B. 2200 A. temperate. except liquidated ones.; Fuentes A) vs. by the parties at the time the (3) NOMINAL-­ for rights recognized and contract was entered into are violated recoverable. B. CA. DEFINITION AND CONCEPT discretionary upon the court. the pecuniary consequences which 2205 A. Actual or Compensatory and on the best evidence obtainable by the injured party. 2216) Art. B) When provided by law (5) The requirement of certainty does not Or by stipulation prevent the drawing of reasonable inferences from the fact and circumstance in evidence. (Circ. nominal. contract (6) EXEMPLARY/CORRECTIVE-­ to serve as an (3) The damages must be proven by example for the common good (Art. CA. 24. Fixed indemnity for death = Php negligently and whether or not punishable by 50.; When he has duly proved it Manchester Dev’t.In case of contracts. competent evidence (admissible or 2197) probative) . B. The provisions of this Title shall be respectively applicable to all obligations Kinds of Actual Damages mentioned in Article 1157. (Integrated compensatory damages?(Art. Icamina). Lucro cessante-­ profits which the an injury sustained. 1987). (4) TEMPERATE/MODERATE-­ for damages proved but the amount was not proven (2) The damages must be proximate damages (5) LIQUIDATED-­ stipulated damages in the and not remote or speculative. Right of action Litigation 2. Damage to Business Standing or Ballesteros).TORTS & DAMAGES CIVIL LAW No proof of pecuniary loss is necessary for: moral. etc. Loss of Earning Capacity of the Deceased Elements for recovery of damages: 2209 Interest 2208 Attorney’s Fees & Expenses of 1. vs. CC What are damages? Art. CA) When there is a pecuniary loss suffered by him (4) Complaint and prayer must specify When he has alleged and prayed amount of damages and pay filing fees for such relief (Manchester Dev’t before it may be accepted and admitted Corp vs. Damnum emergente-­ value of Damages may be defined as the pecuniary the loss suffered compensation. liquidated or DAMAGES exemplary damages. vs.It is necessary to prove with a reasonable degree of certainty. 2199) Packaging Corp. 100% UP LAW UP BAROPS 2008 Page 288 of 325 . the When is a person entitled to actual or actual amount of loss. premised upon competent proof A. Mar. Loss of earning capacity due to the law imposes for the breach of some duty injury (temporary or permanent) or the violation of some right (People vs. CA) for filing. Kinds of Damages (MENTAL) . For a wrong inflicted by the defendant 3. or as otherwise obligee failed to obtain expressed. The obligation to repair the Commercial Credit damages exists whether done intentionally or 2206 A. Damage resulting to the plaintiff General Principles for Recovery II. No. only those (1) ACTUAL/COMPENSATORY-­ for loss actually injuries which could have been suffered reasonably foreseen by the parties (2) MORAL-­ mental anguish. Corp. The assessment of such damages is I. 1988. KINDS OF DAMAGES (1) The amount of damages must be fair and just and commensurate to the loss. 2195. 7.000 (as of 2005) law (Ocena vs. (Art. recompense.

malice degree of certainty. This proposition must be understood of such unrealized profits will not prevent with the qualification that. However. Special damages of this What is the extent of recovery? character cannot be recovered unless made the subject of special stipulation. the ordinary. in a natural and continuous have been the non-­ sequence. obligor in good (FBM-­WA). including subsequent vendor for failure to deliver land which he has aggravations. (7) The damages must be susceptible of Extent of recovery in breach of contract: ascertainment in some manner other than by mere speculation. such as market value. those that attributed to which. which it is wrongfully withheld (Daywalt vs. vs. prove the contrac 1. natural definite standard. 2203 imposes a duty on the injured party to avoid loss or minimize resulting Proof damages. those that of the injury. from known circumstances. 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. known as special damages. bad Amount Need not be proved with the same foreseen faith. primarily. 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. 2. of the breach reasonably Cause Proximate cause – the cause. 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. Associacion) knowledge of the special conditions which render such damages possible will not make them recoverable. conjecture or The damages recoverable upon breach of surmise and by reference to some fairly contract are. natural and all damages substantive right. 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. faith When pecuniary loss need not be proved Art. Sandejas). The Recovery of all proximately traceable to the damages ordinarily recoverable against a primary negligence. are recoverable where it appears that the particular conditions Where. Other damages. however. (Talisay-­ in the legal sense remote or speculative. uncertainty as to the precise amount made. its breach and the ts probable which may amount of damages flowing from consequences be the breach. Silay vs. 220 cts and extends to Liability Usual burden of proof required in a 1 quasi those: extends to negligence case. if the damages are recovery or the award of damages. Fact of Reasonable certainty – only that the Injury fact and cause of injury must be Art. and without which the injury could have obligation in would not have occurred. and in a sense the necessary damage established experience or direct inference resulting from the breach.)." or bond for temporary stay of alien) 100% UP LAW UP BAROPS 2008 Page 289 of 325 . 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. Fair and or wanton reasonable estimate of the amount Provided: attitude of damage. Contra Liability Note: taken out of the area of speculation.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. (“without been case of which test of cause in fact”) reasonably fraud. produces the 3. note that if the subsequent Recoletos et al. unbroken by any efficient foreseen performance intervening cause.

employment or training for a specific (2) Award as an indemnity to the client. debtor incurs in delay v. awarded. even (2) When exemplary damages are though there may have been awarded.As of 2008.; (d) Moral damages (11) When at least double judicial costs are . 2206) judicial costs. whether already training for a specific profession or INTEREST still engaged in general studies. 3.; 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. (Art. with third persons or to incur expenses 18. Jan. Robert Brodett y Pajaro.the recipient who is not a testate or workers.TORTS & DAMAGES CIVIL LAW Damages for Personal Injury & Death When can attorney’s fees. it is P75.000 (People has compelled the plaintiff to litigate vs.paid to his heirs action or proceeding against the . 2208). Moral Damages to heirs 2 Concepts of Attorney’s Fees Compensation should be allowed for loss of earning capacity resulting from the death of a (1) Retainer’s agreement between the lawyer minor who has not yet commenced and the client (in writing). Factors: 1.; demandable claim. necessary . 2209) general rule.; deceased. 100% UP LAW UP BAROPS 2008 Page 290 of 325 . Obligation to Support expenses of litigation must be reasonable. (5) In case of a clearly unfounded civil .; (4) In criminal cases of malicious (b) Loss of the earning capacity of the prosecution against the plaintiff. other than (Art. just and death.; intestate heir may demand support (9) In actions for indemnity under from the person causing the death.demanded by the spouse. 2008) to protect his interest. 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. there being no stipulation to the contrary ATTORNEY’S FEES If there is no stipulated interest the legal Attorney’s Fees is the exception NOT the interest of 6%. is the judgment creditor who may enforce the judgment by execution) (Quirante vs. The argument for allowing compensation for IAC) loss of earning capacity of a minor is even stronger if he or she was a student. laborers and skilled .; permanent physical disability not (6) Where the defendant acted in gross and caused by the defendant.; (c) Support according to the provisions of (8) In actions for the recovery of wages of Article 291 household helpers. Formula established in decided cases for computing net When shall interest accrue as indemnity earning capacity: for damages? Net earning capacity (X) = life expectancy * [gross annual income – reasonable.; mitigating circumstances. the attorney's fees and 2. CA) .; years (10) In a separate civil action to recover civil liability arising from a crime. Earning Capacity In all cases. had no evident bad faith in refusing to satisfy earning capacity at the time of the plaintiff's plainly valid.unless the deceased on account of plaintiff.age of deceased) (MMTC . be recovered? (SELMUBS-­ CREWD) (Art. (3) When the defendant's act or omission .; (7) In actions for legal support. workmen's compensation and for a period not exceeding five employer's liability laws. the obligation consists in the payment living expenses] of a sum of money Life expectancy= 2/3 (80. profession if sufficient evidence is presented (BELONGS to the client hence the litigant to establish the amount thereof.

Crimes Discretion Interest of money. When an obligation. interest is JUDICIALLY requiring payment of a loan then due and the demanded.When claims/ damages are computation interest shall unliquidated of legal begin to run . 1994) consists in in writing. i. 2213) amount JUDGMENT OF finally THE COURT IS Legal Interests adjudged. 2212) with reasonable The actual certainty. the contract is for a “piece of INTEREST work.” hence not a forbearance. legal from the time it to refrain during a given time period from Furthermore.e. the contravenor can be held c. DUE shall itself earn When are damages mitigated? 100% UP LAW UP BAROPS 2008 Page 291 of 325 .e. quasi-­ reasonably contracts. from awarded forbearance judicial or Art.. CA be (legal interest) “Forbearance” in the context of the usury law is a contractual obligation of lender or creditor b. of 6% per damages are 2210 contract of the imposed NOT annum. Breach of Discretion Interest obligation.e. When the the rate of from such liable for damages. (Art. breached. the RATE sum of the case this interim of interest. When an at the rate If claim or Art. be established point. is extrajudicial 2211 and of the is breached. shall be (3) Award the interest 12% per due should annum Crismina Garments vs. EXTRAJUDICIAL the PAYMENT b) In the demand under OF A SUM OF absence of and subject to Start of Delay MONEY. When is interest not recovered? base for the Hence.b. JUDGMENT legal FINALITY UNTIL 2. the . regardless of its have been source (i. or c. court on constituting a from default. Civil delicts as part of the AMOUNT Code) damages OF DAMAGES awarded may If When shall interest earn legal interest? be imposed UNLIQUIDATED. deemed to be by final and above.EXCEPT when the demand can be interest shall only FROM THE established with reasonably certainty. LIQUIDATED. delicts or quasi-­delicts) is ascertained). as follows: becomes a.TORTS & DAMAGES CIVIL LAW Interest From BASE RATE ACCRUAL due c. (Art.. payable. ITS OF INTEREST in the concept of actual awarding a whether SATISFACTION. With regard particularly to an AWARD of the court interest. contracts. annum credit.e. at the from the time .. is imposed. breached. have been i. an demand. shall be equivalent to a a. stipulation. quasi-­ court awarded interest on 1169. (2) Judicial: Filing of complaint of money. the provisions of a loan or the rate of Article 1169 of (1) Extrajudicial: demand letter forbearance interest the Civil Code. then an BASE RATE ACCRUAL executory. CA. When the a) That to be computed 12% per forbearance of obligation is which may from default. and compensatory damages. from judicial demand discretion of the demand can . from and it stipulated JUDICIAL or (Eastern Shipping Lines vs. even if the obligation is silent upon this the court. be on the DATE THE (Art. law. 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. damages loan or i.. as well as the ACCRUAL money falls under period being thereof. Here.

terms of contract clearly sustained by the claimant. 2203) moral damages? 3. CA #1 to (Art. lascivious acts. (Art. exceptionally. 2204) 2. Though incapable of pecuniary negligence (Art. This rule also applies to contracts when breached by When are moral damages awarded? tort. Fright a claim for moral damages. Social humiliation must be held similar to those expressly h.; b) plaintiff derived some benefit as (2) there must be a culpable act or result of contract omission factually established. 2219 e) that since the filing of the NCC. illegal arrest. Serious anxiety enumerated by the law. adultery or concubinage. c. Although the institution of a clearly unfounded civil suit can at times be a legal justification for an award of attorney's 100% UP LAW UP BAROPS 2008 Page 292 of 325 . intentional tort. Doctrine of avoidable consequences . in relation to Article 2206. within the limits of the possible. Moral shock "analogous cases. (Villanueva vs. 2214) computation 2. 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. Moral damages must somehow be crimes can increase the damages adjudicated proportional to the suffering inflicted. Its award is aimed at the (a) when an act or omission causes restoration. CA) aptly be recovered. 5." referred to in Article f. defendant must be the proximate that the defendant acted upon cause of the injury sustained by the the advise of counsel claimant. to enrich a complainant at the expense of the 4. B. defendant. In contracts. If such is the proximate result of a) This refers to the duty to defendant’s act or omission. Standard: good father of a What are the requisites for awarding family (Art. Salvador) action. or of the spiritual status quo ante.TORTS & DAMAGES CIVIL LAW 1. or quasi-­delict. In culpa criminal. illegal b. 2204) 7) Note: aggravating circumstances in case of 1. Physical suffering arbitrary detention. 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. when the act of breach of contract itself is constitutive of tort resulting in physical injuries. minimize damages once a cause 2217) of action has accrued. whether a) plaintiff has contravened the physical. or defamation. In quasi-­delicts contributory . In culpa aquiliana. Moral 3. i. 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. Besmirched reputation search. Wounded feelings 2219. following the ejusdem generis rule. illegal or a. Malicious prosecution can also give rise to d. physical injuries. and it must be (b) where the defendant is guilty of proportional to the suffering inflicted. g. In culpa contractual or breach of contract.; and d) that the loss would have (4) the award of damages is predicated on resulted in any event any of the cases stated in ART. The term e. Mental anguish 6. By special rule in Article 1764. moral damages may (Visayan Sawmill vs. quasi-­contracts and quasi-­delict (C-­BELL): (1) there must be an injury. In crimes mitigating circumstances outlined in Expertravel & Tours vs. 2215) General Principles of Recovery (as 4. mental or psychological. the defendant has done his best to lessen the plaintiff's loss or injury (Art. (Art. Similar injury 7.; c) in case where exemplary (3) the wrongful act or omission of the damages are to be awarded. 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. ruthless vindictiveness.

such filing. 11. 32. 27. to supply and (6) Illegal search. ascendants. rape. (2) Quasi-­delicts causing physical injuries. Fabricato. wounded feelings abducted. The spouse. moral 21. (Villanueva vs.; price as per agreement. and (b) (5) Illegal or arbitrary detention or arrest.) damages are justly due.; (4) Adultery or concubinage. has almost (7) Libel. The burden rests on the person claiming (9) Acts mentioned in Article 309. 27.; (3) Seduction. 2220) performing about 93% of the contract. 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. Fabricato. (Art. 26.; (2) Quasi-­delicts causing physical injuries. CA) operations. 9 in adduced (Miranda-­Ribaya vs. indemnity and faith. Even if the offended party had not appealed from said award. and 35.; Ortillo contracts Fabricato. or public policy. fright. however. Ortillo pays 50% of the contract (8) Malicious prosecution. 3 of the claim for damages. or other BAR QUESTION lascivious acts. damages cannot be recovered. Traya et al. 2220) which it has been paid an additional 40% as per (13) death of passenger from breach a agreement. 34. 30. 28. It is sufficient . slander. (8) Malicious prosecution. 34. Inc. 26. 10.; to his province. defamation.; reputation as a philanthropist and respected (4) Adultery or concubinage. (1) A criminal offense of physical injuries.; moral damages to show convincing (disrespect for the dead) evidence for good faith is presumed. 29. 29. such awarding moral damages? damages are not deemed admitted.Breaches of contract where the whole case for review and this 'includes defendant acted fraudulently or in bad the review of the penalty. abduction. Inc. raped.; with claims for (a) moral damages for Fabricato. slander or any other form of invariably been held not to be a ground for defamation. referred or moral shock" does not justify the denial to in No. 2219) every 10% performance until completed.; businessman in his community. Moral damages may be its non-­‐completion of the project. 1764 in relation to Art. In a (10) Acts and actions referred to in Articles case involving simple negligence. Bautista) the order named. et al. Ortillo recovered in the following and analogous refuses to pay. . invoking the stipulation that cases: (not an exclusive list. demands payment of the last 10% of the contract despite Art. It is also agreed that (9) Article 309. (Art.; 8. Inc.; 100% UP LAW UP BAROPS 2008 Page 293 of 325 . . and 35.Willful injury to property if such (Raagas. Inc. 28. descendants. brings suit for (1) A criminal offense resulting in physical the entire 10% plus damages. did not complete the breach of carriage (Art.; the balance would be payable periodically after (10) Articles 21. 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. or other lascivious acts.; Inc. After (11) wilful injury to property (Art. the the dismissal of the employee: court can increase damages awarded (Sumalpong vs.; install tile materials in a building he is donating (7) Libel. Failure to use the precise legal terms or "sacramental phrases" of "mental anguish.; attorney’s fees.; (5) Illegal or arbitrary detention or arrest.; 2PI-­SALAMI-­ 309-­Others) payment of the last amount of 10% shall be upon completion. 30. 32. 2220) damages. rape. good customs. 2206 and (Expertravel project due to its sudden cessation of & Tours vs. Ortillo counters injuries. An appeal in a criminal case opens the . Salvador) Who else can recover moral damages? 9. Parents of the female seduced. (6) Illegal search. Instead. vs. serious anxiety.TORTS & DAMAGES CIVIL LAW fees. 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. abduction.; an award of moral damages.’s unfounded suit which has damaged his (3) Seduction. 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. or abused. Fabricato. 2219. for (12) breach of contract (Art.

which she suffered as a result of her Fabricato’s complaint is a case of malicious husband's death. or without malice or them with the gnawing feeling that an bad faith. social. but often leaves another in good faith. vs. CA steals from the family of the deceased his Moral damages cannot be recovered from a precious life. 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. Suggested Answer: People vs. no award of exemplary damages The social and financial standing of a claimant should be allowed. deprives them forever of his person who has filed a complaint against love. charged on those who may exercise it erroneously. of moral damages may be considered in awarding moral damages only if he or she was Moral damages in murder subjected to contemptuous conduct despite the offender's knowledge of his or her social People vs. oppressive or malevolent manner. that alone does not Labor Cases justify any counterclaim. contrary to morals. financial status. Inc. unsupported. good customs. Arcona vs. specifically for the exemplary damages and moral damages Triple Eight Integrated Services. Likewise. the award of 100% UP LAW UP BAROPS 2008 Page 294 of 325 . CA bases. reason. of the person offended as well as the People vs.TORTS & DAMAGES CIVIL LAW P50K as moral damages must be increased to P75K in line with prevailing jurisprudence. or was done in a manner the actor to the payment of moral damages. or public The law could not have meant to impose a policy. however. affection and support. The widow of the victim did not testify on any mental anguish or emotional Ortillo is entitled to attorney’s fees because distress. While it must be admitted that this case is peculiar in that it is one filed by a daughter against her own mother. is Code. vs. entitles the offended party to exemplary having hired a lawyer to defend him? damages in the amount of P25K. NLRC sought to be collected since the complaint as Moral damages are recoverable where the has been said has been found to have some dismissal of the employee was attended by merit. a violent death invariably and necessarily brings about emotional pain and Moral damages in malicious prosecution anguish on the part of the victim’s family. 2208 [4] and [11]. In (a) Does Ortillo have a legal basis for his claim addition. If damage results from the filing of injustice has been done to them. Barcena and financial standing. Teodorico Cleopas and Pirame (a) There is no legal basis to Ortillo’s claim for (2000) moral damages. Castillo proof of the heirs’ emotional suffering." Factors for the Amount of Moral Damages Moral damages in rape (1) Political.000 from each accused as coverage of Article 2219 of the New Civil moral and exemplary damages. ex delicto is mandatory upon finding of the (2) Degree of anguish fact of rape while moral damages is awarded (3) Sentimental value where applicable upon such finding without need of further proof because it is assumed that a rape victim Illustrations: has actually suffered moral injuries entitling the victim to such award. it is damnum absque injuria. Calongui business and financial standing of the Anent the award of damages. No factual and legal Kierulf et al. civil indemnity offender.; such right is so awarded if the dismissal was effected in a precious that moral damages may not be wanton. NCC). The adverse result of an action does bad faith or fraud or constituted an act not per se make the act wrongful and subject oppressive to labor. However. For this the complaint. Such violent death or brutal killing not only Mijares vs. the presence of the qualifying for moral damages? circumstances of minority and relationship (b) How about his claim for attorney’s fees. CA As borne out by human nature and Illustrations: experience. It does not fall under the The award of P50. exemplary damages may be penalty on the right to litigate. prosecution or a clearly unfounded civil action (Art. moral damages must be awarded even in the absence of any allegation and Castillo vs.

Petitioner has Co. and Mrs. nor terminate her lease as long as appropriate. resulting in social humiliation.TORTS & DAMAGES CIVIL LAW Factors in Determining Amount no emotions. shared his prestige and to leave the premises. her landlord body. only in legal contemplation.g. And he was former Vice-­President of the could not increase the rental as much as he Philippines. no senses. The records further show that humiliation" is an obiter dictum. et al. 20 and 21) because the act and social standing entitles them to moral committed by the lessor is contrary to morals. As water and electricity services to be such they likewise shared his prestige and disconnected. medical expenses. therefore. PNB that a corporation may recover besmirched private respondent's reputation moral damages if it "has a good reputation and has considerably caused him undue that is debased. He is NAPOCOR vs. it has no feelings. but the nation's treaty-­ratifying Because of the Rent Control Law. licensed and engaged in the real estate business. It cannot. In order to force her Senator Lopez. based on breach of contract. the lessee is entitled to moral damages under ABS-­CBN vs. Maria J.000 is wanted to. Lopez. a businessman is a prized and valuable asset.” The relations provisions of the New Civil Code damage to private respondents' reputation (Articles 19. in Baguio City. the right of recovery for expenses she suffered. unlike in the Because of the bank's refusal to encash the case of a natural person. vs. Although Who may recover moral damages? the action is based on quasi-­delict and not on contract. A husband or wife cannot and to maintain the lessee in the peaceful recover for mental suffering caused by his and adequate enjoyment of the lease for sympathy for the other's suffering. etc. NCC. it cannot cause treated him as a valued and VIP client. it being a significant part of the foundation of Answer: his business. Mr. Pan American World Airways BAR QUESTION International carriers like defendant know the prestige of such an office. which she can being an artificial person and having existence prove at trial. Bank of landlord for actual and moral damages. NCC). and besides. for a corporation has entire one million face amount of his no reputation in the sense that an individual manager's checks. it is inherently impossible he was not able to purchase a house and lot for a corporation to suffer mental anguish. which call be experienced only by Petitioner has not presented adequate one having a nervous system. mental suffering resulting from bodily injuries is restricted to the person who has suffered Alternative Answers: the bodily hurt. Manero and Mambulao Lumber indeed a big time gambler. Jr. we held that: "The financial credit of action prosper? Explain. Defendant included in moral damages. electricity and running water resulted in Rosa’s Producers Bank vs. 2219 breach of contract by the lessor. and cause the members of the family of Senator Lopez. and there can be no recovery (a) Yes. or for fright due to a wrong against repairs to make the apartment habitable a third person. Figueras. the lessee is able to prove the losses and As a general rule. experience physical suffering and mental PNB vs. The statement evidence to show that private respondent is in People vs.000.. An award of P100. mental anguish to a corporation. plaintiff is a prominent businessman. e. CA anguish. based on quasi-­delict under the human constitutes some financial loss to him. were traveling as immediate making repairs on the apartment. not only the Upper Chamber of the Philippine Congress. Will the America. vs. Mrs. For the Senate is Rosa was leasing an apartment in the city. She is also entitled to The award of moral damages cannot be actual damages. Since there was willful Exception: Art. The difficulty of living without humiliation. the entire duration of the contract (Article 1654. actual damages may be recovered if Strebel vs. the landlord stopped therefore his humiliation. CA suffering a nervous breakdown. She sued the In the case of Leopoldo Araneta v. Moral damages are recoverable under Article 2219 (10) in relation to Article 21. loss of income. he was so embarrassed for has. The for distress caused by sympathy for another's lessor has the obligation to undertake suffering. 100% UP LAW UP BAROPS 2008 Page 295 of 325 . Any adverse reflection thereon Yes. damages. granted in favor of a corporation because. et al. Philipp Brothers at the same time a consultant of Dizon-­ While it is true that besmirched reputation is Esguerra Real Estate Company. as wife of she was paying her rent. Alfredo Montelibano. Lopez. CA Article 2220.

the lessor’s willful and illegal act of D. For 100% UP LAW UP BAROPS 2008 Page 296 of 325 . no cake could be delivered because Articles 9. And since the No moral or exemplary damages was conduct of the lessor was contrary to morals. Nominal compensatory damages. moral. and actual damages that she may have Francisco v. 20 NCC and Art. such cannot be proven or was not IAC) proved. . the lessee may or compensatory damages. by Rosa. he is liable for breach of Armovit vs. on the authority of Magbanua vs. Temperate damages are incompatible with (1) A legal right has been violated. . IAC (137 SCRA 328). Nominal damages are incompatible with: The lessor willfully breached his actual. 2220 of the NCC. In cases where the resulting injury might Art. or liquidated damages. Temperate damages are included within the context of compensatory damages (RCPI vs. 2225) by him. (Art. inadvertence or and moral damages. ". 2222. There are cases where from the damages and it is in lieu of the actual. which has been violated or invaded be provided with certainty. petitioners must be held liable for nominal Yes. and not for the purpose of Temperate damages must be reasonable indemnifying the plaintiff for any loss suffered under the circumstances. For such prevarication. considering that. where any property right has been (3) Amount must be reasonable. the order slip got lost. or cannot be proved. Art. (3) The award is to vindicate the right Pleno vs. Temperate disconnecting the water and electric services resulted in Rosa’s suffering a nervous What is the nature of temperate or breakdown. The court may award nominal damages: (1) There is actual damage. and gave the lame excuse that delivery was all actual damages which she may have probably delayed because of the traffic. which are more than nominal but less than C. when confronted with he may also be held liable for quasi-­delict. CA Nominal damages cannot co-­exist with actual contract. (Art. the action should prosper for both actual damages for insensitivity. 21 NCC moderate damages? authorize the award of damages for such willful and illegal conduct. Nevertheless. Ferrer suffered on account thereof. NCC. invaded. 2224) by the defendant. (2) The pecuniary amount of the damage . awarded. What is precluded by the be continuing and possible future adjudication of nominal damages? complications directly arising from the .; in such cases there is no incompatibility between actual Requisites: and temperate damages. CA violated. based on contract and/or on tort. 20 and 21. when suffered by reason of such conduct under in truth. loss cannot be offered. definite proof of pecuniary temperate. nominal damages hence. Requisites: Art. Art. as given. 2221. obligations under Article 1654.between the parties or their respective should be awarded on top of actual or heirs and assigns. hence. temperate damages can and . nature of the case.further contest upon the right involved injury. even exemplary inattention to their customer's anxiety and damages and attorney’s fees can be claimed need of the hour. . may be vindicated or recognized. Nominal damages are It may be recovered when some pecuniary adjudicated in order that a right of the loss has been suffered but its amount can not plaintiff. General Rule: One does not ask for nominal CA). recover moral damages under Art. their failure to deliver on the wedding day the The lessee may recover moral damages under wedding cake ordered and paid for. while certain to occur are difficult . Temperate or moderate damages.all accessory questions to predict. 2223. petitioners Article 2219 (10) in relation to Article 21. in every obligation in Article 1157.TORTS & DAMAGES CIVIL LAW (b) Yes. temperate and exemplary damages. although the court is convinced that there has been such loss. cannot be (2) There is no loss or damage suffered or granted concurrently (Citytrust Bank vs. In fact. For such breach. compensatory damages.

2233) NOTE: In this case actual and temperate Requisites to recover exemplary damages damages were awarded. contrary. The plaintiff must show that he is entitled to moral. to show certainty in terms of money. Contracts and defendant acted in a In what instance is the stipulation not 2232 Quasi-­ wanton. A stipulation whereby exemplary damages are (Art. CORRECTIVE DAMAGES (Art. Quasi-­delicts defendant acted .or correction for the public good . It is postulated that and liquidated damages agreed upon in the actual damages is for the car while the addition to exemplary (Art. incentive to curb socially deleterious actions. Exemplary or Corrective Art.; (3) The amount can be reduced if: may be waived. or When the breach of the contract is not the malevolent manner one contemplated by the parties in agreeing (WFROMM) upon the liquidated damages. (Art. (1) Amount need not be proven. 100% UP LAW UP BAROPS 2008 Page 297 of 325 . (2) There is no need to prove the amount. only the fact of the breach. Crimes the crime was (Art.000 exemplary damages is also far too excessive and should (1) When there is stipulation to the likewise be reduced to an equitable level.000. In this case. temperate. Nature of exemplary or corrective damages . Liquidated If arising When exemplary What are liquidated damages? from damages are Those agreed upon by the parties to a granted contract.; discretion of the court. 2227) moral. 2228) renounced in advance shall be null and void. TORTS & DAMAGES CIVIL LAW instance. 2226) 2230 committed with an aggravating What are the grounds for equitable circumstance/s reduction of liquidated damages? Art. temperate or compensatory damages E. 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. the law shall determine EXEMPLARY OR the measure of damages. to be paid in case of breach thereof. liquidated or compensatory damages. Art. 2235) Notes (1) These damages are agreed upon in a Notes contract in case of breach thereof.2234): temperate damages is for the lost actual income not sufficiently proved.unconscionable. temperate or liquidated b. CA Exceptions However. unconscionable as determined by An employer may be subsidiarily liable to pay the court (Art. controlling? contracts reckless.Imposed by way of example . but NOT as to exemplary damages General Rule: The penalty shall substitute because aggravating circumstances are the indemnity for damages and the payment personal to the accused. partial or irregular performance damages arising from an employee’s criminal offense. Exemplary damages are imposed not to enrich (2) When the obligor is sued for refusal to one party or impoverish another but to serve pay the agreed penalty. (2) Cannot be recovered as a matter or right. as a deterrent against or as a negative (3) When the obligor is guilty of addition to the moral. F. the award of P1. 2229. 2227) negligence Art. oppressive. of the interests in case or breach. actual. a. PNB vs. (Art. fraudulent.iniquitous or 2231 with gross .