UST Golden Notes 2011

UST GOLDEN NOTES 2011
TORTSANDDAMAGES ProtectionofHumanDignityEverypersonshall
respect the dignity, personality, privacy and
BOOKITORTS peaceofmindofhisneighborsandotherpersons.
I.PRINCIPLES
Q: What are the requisites for accion in rem
A.ABUSEOFRIGHT;ELEMENTS verso?

Q:Whatistheprincipleofabuseofrights? A:
1. Thatthedefendanthasbeenenriched;
A:Everypersonmust,intheexerciseofhisrights 2. Thattheplaintiffhassufferedaloss;
and in the performance of his duties, act with 3. Thattheenrichmentofthedefendantis
justice, give everyone his due, and observe withoutjustorlegalground
honestyandgoodfaith.(Art.19,NCC) 4. That the plaintiff has no other action
based on contract, quasicontract,
NOTE: This principle is based upon the famous crimeorquasidelict.
maximsuumjussummainjuria(theabuseofaright
is the greatest possible wrong). (Arlegui v. CA G.R. Q:Whenmayaccioninremversobeavailedof?
No.126437,Mar.6,2002)
A: It can only be availed of if there is no other
Q: What are the elements of the principle of remedy to enforce it based on contract, quasi
abuseofrights? contract,crimeorquasidelict.

A: Q: Distinguish accion in rem verso from solutio
1. Legalrightorduty indebiti.
2. The right or duty is exercised in bad
faith,and A:
3. For the sole intent of prejudicing or ACCIONINREMVERSO SOLUTIOINDEBITI
injuringanother Itisnotnecessarythat Paymentbymistakeis
paymentbemadeby anessentialelement
B.UNJUSTENRICHMENT mistake

Q: What is the principle behind the prohibition Q: Is rendition of services included under Art.
againstunjustenrichment? 22?

A: Nemo cum alteris detrimento locupletari A: No. If services were rendered by someone
potestornooneshallunjustlyenrichhimselfat benefiting another, it does not mean that the
theexpenseofanother. latterisexemptedfromindemnifyingtheformer.
TheliabilitywilllieonquasicontractunderArticle
Coverage:thearticleappliesonlyif: 2146.
i. Someone acquires or comes into
possessionofsomethingwhichmeans C.LIABILITYWITHOUTFAULT
deliveryoracquisitionofthings;and
ii. Acquisitionisundueandattheexpense Q: Is Liability Without Fault different with
of another which means without any DamnumAbsqueInjuria?
justorlegalground.
A:Yes.LiabilitywithoutFaultincludes:
NOTE:Thegovernmentisnotexemptedfromthe
a. Strict Liability there is strict liability if
principleofunjustenrichment.
one is made independent of fault,

negligence or intent after establishing
Q:Whatistheremedyforunjustenrichment?
certainfactsspecifiedbylaw.Itincludes

liability for conversion and for injuries
A:AccionInRemVerso.Itisanactionforrecovery
caused by animals, ultrahazardous
ofwhathasbeenpaidwithoutjustcause.
activitiesandnuisance.

b. Product Liability is the law which
NOTE:Thisisonlyasubsidiaryaction.
governs the liability of manufacturers

NOTE: Mistake is not an essential element, as and sellers for damages resulting from
opposed to solutio indebiti where mistake is an defective products. (Aquino, T., Torts
essentialelement. andDamages,2005,SecondEd.)
500
CIVILLAWTEAM:
ADVISER:ATTY.ELMERT.RABUYA;SUBJECTHEAD:ALFREDOB.DIMAFELIXII;
ASST.SUBJECTHEADS:KARENFELIZG.SUPNAD,LAMBERTOL.SANTOSIII;MEMBERS:PAULELBERTE.AMON,ALSTONANARNA,OZANJ.
FULLEROS,CECILIOM.JIMENO,JR.,ISMAELSARANGAYA,JR.;CONTRIBUTORS:LOISERAEG.NAVAL,MONICAJUCOM

TORTS AND DAMAGES
Q: What is the concept of Damnum Absque Q: In view of the general sanction provided for
Injuria? under Art. 20, may a person have an absolute
righttobeindemnified?
A: A person who only exercises his legal rights
does no injury. If damages result from such A: No. It is essential that some right of his be
exerciseoflegalrights,theconsequencesmustbe impaired. Without such, he is not entitled to
borne by the injured person alone. The law indemnification.(Pineda,2004)
affordsnoremedyfordamagesresultingfroman
act which does not amount to a legal injury or E.ACTSCONTRARYTOMORALS
wrong.
Q:DifferentiateArticle20fromArticle21ofthe
Q: Is the owner of a property obliged to take CivilCode.
reasonable care towards a trespasser for his
protectionorfromconcealeddanger? A:Article20speaksofthegeneralsanctionforall
other provisions of law which do not especially
A: provide for their own sanction. Article 21 on the
GR:No. other hand, speaks of act which is legal but is
contrarytomorals,goodcustom,publicorderor
XPN: publicpolicyandisdonewithintenttoinjure.
1. Visitors Owners of buildings or
premisesoweadutyofcaretovisitors. NOTE:Anypersonwhowillfullycauseslossorinjury
to another in a manner that is contrary to morals,
2. ToleratedPosessionTheownerisstill goodcustomsorpublicpolicyshallcompensatethe
liable if the plaintiff is inside his latterforthedamage.(Art.21,NCC)
property by tolerance or by implied
permission. Q: What are the elements of acts contra bonus
moresunderArt.21,NCC?
Commoncarriersmaybeheldliablefor
negligencetopersonswhostayintheir A:
premises even if they are not 1. Thereisanactwhichislegal;
passengers. 2. but which is contrary to morals, good
custom, public order, or public policy;
3. DoctrineofAttractiveNuisance and
3. itisdonewithintenttoinjure.
4. State of Necessity (Art. 432) A
situation of present danger to legally Q: When is breach of promise to marry an
protectedinterests,inwhichthereisno actionablewrong?
other remedy than the injuring of
anothers also legally protected A: It becomes actionable if there are additional
interest. circumstancessuchas:
1. therewasfinancialdamage;
D.ACTSCONTRARYTOLAW 2. socialhumiliationwascausedbytoone
oftheparties;and,
Every person who, contrary to law, willfully or 3. where there was moral seduction.
negligently causes damage to another, shall (Aquino,T.,TortsandDamages,Second
indemnifythelatterforthesame.(Art.20,NCC) Ed.,p351)

Q:Doestheabovestatedruleapplytoallcases
violationoflaw?
A: No. Generally, laws provide for their own

sanctions and methods of enforcement thereof.
Article 20 applies only in cases where the law
doesnotprovideforitsownsanction.Saidarticle
provides for a general sanction indemnification
fordamages.(Pineda,2004)
501
ACADEMICSCHAIR:LESTERJAYALANE.FLORESII UNIVERSITYOFSANTOTOMAS
VICECHAIRSFORACADEMICS:KARENJOYG.SABUGO&JOHNHENRYC.MENDOZA
VICE C HAIRFORA DMINISTRATIONANDF INANCE : JEANELLE C. LEE Facultad de Derecho Civil
VICECHAIRSFORLAYOUTANDDESIGN:EARLLOUIEM.MASACAYAN&THEENAC.MARTINEZ

II.CLASSIFICATIONOFTORTS b. unjustenrichment(arts.22,23,
2142&2143)
A.ACCORDINGTOMANNEROFCOMMISSION c. violationofrightofprivacyand
familyrelations
Q: What are the classes of torts according to d. derelictionofofficialdutyofpublic
mannerofcommission? officers
e. unfaircompetition
A: f. maliciousprosecution
1. Negligent torts It involves voluntary g. violationofrightsandlibertiesof
acts or omissions which results in injury anotherperson
toothers,withoutintendingtocausethe h. nuisance
same.
III.THETORTFEASOR
2. Intentional torts The actor desires to
cause the consequences of his act or A.THEDIRECTTORTFEASOR
believes the consequences are
substantiallycertaintoresulttherefrom. Q:Whoarethepersonsliableforaquasidelict?

3. StrictliabilityThepersonismadeliable A:Defendantsintortcasescaneitherbenatural
independent of fault or negligence upon orartificialbeings.
submissionofproofofcertainfacts.
Q:Canacorporationbeheldliablefortorts?
4. Constitutional torts The violation of a
persons rights under Article III (Bill of A: Yes. A corporation is civilly liable in the same
Rights) of the 1987 Constitution as manner as natural persons. (PNB v. CA, 83 SCRA
contemplated in Article 32 constitutes 237)
constitutionaltort.
5. NOTE: With respect to close corporations, the
B.ACCORDINGTOSCOPE:GENERALOR stockholders who are personally involved in the
SPECIFIC operation of the corporation may be personally
6. liable for corporate torts under Section 100 of the
1. General the catchall provisions on CorporationCode.
torts provided for in the civil code i.e.
Articles19,20and21.Theeffectisthat RE: Corporation by Estoppel: all persons who
there is a general duty owed to every assume to act as a corporation knowing it to be
person not to cause harm either without authority to do so shall be liable as
willfully or negligently. Articles 19, 20, general partners for all debts, liabilities and
and 21 are provisions on human damagesincurredorarisingasaresultthereof.
relationsthatwereintendedtoexpand
the concept of torts in this jurisdiction With respect to partnerships, the partnership is
by granting adequate legal remedy for solidarily liable with the partner if the latter
the untold number of moral wrongs commit tortuous acts while acting in the pursuit
whichisimpossibleforhumanforesight of partnership business. This principle is
to specifically provide for in the consistent with the mutual agency rule in
statutes. (Aquino, 2005, citing PNB v. partnership.
CA,etal.83SCRA237)
Subject to rules regarding waiver of immunity
2. Specific torts It includes trespass, from suits, defendants may include the State, its
assault and battery, negligence, political subdivisions, and governmentowned
products liability, and intentional andcontrolledcorporations.
infliction of emotional distress. As
defined, torts fall into three different
categories: intentional, negligent and
liability (manufacturing and selling
defective products), product liability
tort.

a. art19,20,21(catchallprovisions)
502
CIVILLAWTEAM:

TORTS AND DAMAGES
B.PERSONSMADERESPONSIBLEFOROTHERS Q: Is the mother liable simultaneously with the

father?
1.INGENERAL
A: No. The law does not make the father and
Q:Whoarethepersonsmaderesponsiblefor mothersimultaneouslyliable.Itisonlyinthecase
others? of death or incapacity of the father, that the
mothermaybeheldliable.
A:
1. Father/motherfortheirminorchildren. NOTE: Consequently, the wife as a codefendant
2. Guardiansareliablefortheminorsand with the husband or if impleaded alone while the
incapacitated persons under their husband isaliveand well, may movetodismissthe
authority. casefiledagainstherforbeingpremature.(Romano
3. Owners/managers of establishment or v.Parinas,101Phil.141)
enterprisefortheiremployees
4. Employers for their employees and Q:Aredefactoguardiansvicariouslyliable?
householdhelpers.
5. Statefortheirspecialagents A: Yes. It is but just that if the children commit
6. Teachers/Heads of establishment of tortuous acts while living with them and are
arts and trades for their below21yearsofage,thelawshouldbeapplied
pupils/students/apprentices (Art. 2180, byanalogy.
NCC).
Note:Defactoguardiansarerelativesandneighbors
Q:Whatisthedifferencebetweenaminorchild who take unto themselves the duty to care and
support orphaned children without passing through
and an incapacitated person in the preceding
judicialproceedings.
number?

Q: What is the rule in vicarious liability of

A: Minors here refer to those who are below
ownersandmanagers?
twentyoneyears(21)andnottothosebelow18

years. While incapacitated persons refer to
A:
personsbeyondtwentyone(21)yearsofagebut
GR:Ameremanager,whodoesnotownthe
areincapacitatedsuchasthosewhoareinsaneor
business, is not to be considered an
imbecile. (Pineda, Torsts and Damages, 2009,
employerbecauseasamanager,heisjusta
p.81)
highclassemployee.

Q:Whataretherequisitesofvicariousliabilityof
XPN: A manager who is not an owner but
parents?
who assumes the responsibility of
supervision over the employees of the

A:
ownermaybeheldliablefortheactsofthe
1. The child is below twentyone (21)
employees.
yearsofage

2. The child committed a tortuous act to
NOTE: To be liable, the manager must be acting as
the damage and prejudice of another an employer of with the same authority as the
person owner.
3. The child lives in the company of the
parent concerned whether single or Q:Whenistheemployerliableforthetortuous
married. actoftheemployee?

Q:Whoisresponsibleforanillegitimatechild? A:TomaketheemployerliableunderArt2180(5
and6),itmustbeestablishedthattheinjuriousor
A:Ifthechildisillegitimateandacknowledgedby tortuous act was committed at the time the
the father and lives with the latter, the father is employeewasperforminghisfunctions.
responsible.However,anillegitimatechildwhois
notrecognizedbytheputativefatherbutisunder Note: If there is deviation from the scope of
the custody and supervision of the mother, it is employment, the employer is not liable, no
thelatterwhoistheonevicariouslyliable. matter how short in time is the deviation.
(Pineda,TorstsandDamages,2009,p.97)

503

Q:Whatistheruleonindependentcontractors? 2. Filing a criminal case: (offender found
guilty)thecivil liabilityoftheemployer
A: issubsidiary.
GR: An independent contractor is not an
employee of the person who engaged his Q: What is the defense for the persons liable
services. The independent contractor is free underArt.2180?
toexecutetheworkwithoutbeingsubjectto
theordersoftheemployeronthedetailsof A: The persons liable shall be exempted from
work. liabilityiftheycanprovethattheyhaveexercised
all the diligence of a good father of a family to
XPN:Iftheemployerretainsthecontroland preventdamage.
supervision over the person engaged with
respect to the work to be done, there is Q: What is the basis of quasidelicts under Art.
between them an employeremployee 2180?
relationship.
A: Pater Familias. The reason for the masters
A.QUASIDELICTSUNDERARTICLE2180, liabilityisthenegligenceinthesupervisionofhis
HOWINTERPRETED subordinates.

Q: How is quasidelict under Art. 2180 Note: The master, however, in pater familias
interpreted? underArt.2180willbefreedfromliabilityifhecan
prove that he had observed all the diligence of a
A: A person or juridical entity is made liable goodfatherofafamily.
solidarilywithatortfeasorsimplybyreasonofhis
relationshipwiththelatter.Therelationshipmay Q: What is the nature of responsibility if the
eitherbeaparentandchild;guardianandward; vicariousobligor?
employerandemployee;schoolandstudent.
A: The liability of the vicarious obligor is primary
NOTE:Art.2176,NCCWhoeverbyactoromission and direct and not subsidiary. He is solidarily
causes damage to another, there being no fault or liablewiththetortfeasor.Hisresponsibilityisnot
negligence is obliged to pay for the damage done. conditioned upon the insolvency of or prior
Such fault or negligence, if there is no preexisting recourseagainstthenegligenttortfeasor.
contractualrelationbetweentheparties,is calleda
quasidelictandisgovernedbytheprovisionsofthis
Chapter. FAMILYCODE

Q: When is the actual tortfeasor not exempted Q: Who is a minor under Art 221 of the Family
fromliability? Code?

A: The minor, ward, employee, special agent, A:ThetermunemancipatedminorfoundinArt
pupil, students and apprentices who actually 221(FC) means children below 18 years of age.
committedthedelictualactsarenotexemptedby Thisisincontrastwiththeminorchildrenfound
thelawfrompersonalresponsibility.Theymaybe in Art 2180(2)(NCC) which refers to children
sued and made liable alone as when the person below21years.Toavoidtheoverlappinginages,
responsible for them or vicarious obligor proves the better option to settle the conflict is to
thatheexercisedthediligenceofagoodfatherof consider Art 221 as totally superseded by Art
afamilyorwhentheminororinsanepersonhas 236(FC)asamendedbyR.A.6809.Thus:
no parents or guardians. In the latter instance,
theyareanswerablewiththeirownproperty. GR: 18 years of age parental authority
ceases(emancipation)
Q:Whataretheremediesofaninjuredpartyfor
thetortuousactofanemployee? XPNS:21yearsofageinthefollowingcases
1. marriage
A: 2. Art.2180(2)NCC
1. Filing a civil action for damages based
on quasidelict under Art. 2180 Note: Art 221. Family Code provides that parents
liability of the employer is primary, andotherpersonsexercisingparentalauthorityshall
directandsolidary becivillyliablefortheinjuriesanddamagescaused
by the act or omission or their unemancipated
504
CIVILLAWTEAM:

TORTS AND DAMAGES
children living in their company and under parental Q: A 15yearold high school student stabs his
authority subject to the appropriate defenses classmate who is his rival for a girl, while they
providedbylaw. were going out of the classroom after their last
class.Whomaybeheldliable?
Q: Distinguish between Articles 218 of the
FamilyCodeand2180oftheNewCivilCode. A: Under Section 218 of the Family Code, the
school, its administrators and teachers, or the
A: individual, entity or institution engaged in child
ARTICLE218 ARTICLE2180 care shall have special parental authority and
School,its responsibility over the minor child while under
Teachers,headof
administrators, their supervision, instruction or custody.
establishmentinarts
teachersengagedin Authority and responsibility shall apply to all
andtradesaremade
childcarearemade authorized activities whether inside or outside
expresslyliable
expresslyliable thepremisesoftheschool,entityorinstitution.
Liabilityofschool,its
administrators, Nosuchexpress Q:Whatdefense,ifany,isavailabletothem?
teachersissolidary solidarynorsubsidiary
andparentsaremade liabilityisstated A: These persons identified by law to be liable
subsidiaryliable mayraisethedefensethattheyexercisedproper
Studentsinvolved Studentsinvolvedare diligencerequiredunderthecircumstances.Their
mustbeaminor notnecessarilyminors responsibility will cease when they prove that
theyobservedallthediligenceofagoodfatherof
Q: Is the application of Article 2180 limited to a family to prevent damage. As regards the
schoolofartsandtrades? employer, if he shows to the satisfaction of the
courtthatintheselectionandinthesupervision
A: No. It applies to all, including academic of his employees he has exercised the care and
institutions. diligence of a good father of a family, the
presumptionisovercomeandheisrelievedfrom
Q:Cantheliabilitybeimputedtotheteacherin liability. (Layugan v. IAC, G.R. No. L49542, Sept.
charge even if the student has already reached 12,1980).(2005BarQuestion)
theageofmajority?

A:Yes.UnderArticle2180,agedoesnotmatter. (1)ELEMENTS;DEFINITION

Q:Isitrequiredthatthestudentbeonlywithin Q:Whataretheelementsofaquasidelict?
the school premises in order for the liability to
ariseunderthisarticle? A:
1. Negligentorwrongfulactoromission;
A: No. Authority and responsibility shall apply to 2. Damageorinjurycausedtoanother;
allauthorizedactivitieswhetherinsideoroutside 3. Causal relation between such
thepremisesoftheschool,entityorinstitution. negligenceorfaultanddamage;
4. Nopreexistingcontractualrelationship
Q: What is the nature of the liability of the between the parties (some authorities
personsenumeratedunderArt.218? believethiselementnotessential).(Art.
2176)
A:Thosegivenauthorityandresponsibilityunder
theprecedingArticle(Art.218)shallbeprincipally Note: Liability for tort may arise even under a
and solidarily liable for damages caused by the contract where tort is that which breaches the
acts or omissions of the unemancipated minor. contract. (Light Rail Transit Authority et al. v.
The parents, judicial guardians or the persons Navidad,etal.,GRNo.145804,Feb.6,2003)
exercising substitute parental authority over said
If there is preexisting contractual relation between
minorshallbesubsidiarilyliable.
the parties and the same is violated, the proper
cause of action is not anchored on quasidelict but

The respective liabilities shall not apply if it is
breachofcontractorculpacontractual.
proved that they exercised proper diligence
required under the particular circumstances (Art However, there may be cases of contractual
219). relations where quasidelict may arise when the
contractwasgrosslyviolated.Thetortliabilityisnot
505

basedonthecontractofcarriagebutonsomeother 1. When there was a preexisting
bases like deliberate and malicious violation of the contractual relation. Otherwise, what
contract(AirFrancev.Carroscoso,G.R.No.L21438, resultsisabreachofcontract.
Sept.28,1966).
Note: However, if the act that breaches
Q:Whenisapersonliableforaquasidelict? the contract is tortuous, the preexisting
contractual relation will not bar the
A: He is liable for such when, by his act or recovery ofdamages (Singson v.BPI, G.R.
omission, he causes damage to another, there No.L24837,June27,1968)
being fault or negligence, and there is no pre
existing contractual relationship between them. 2. When the fault or negligence is
(Art.2176,NCC) punishedbylawasacrime.Art.100of
RPCshallbeapplicable
NOTE:Asingleactoromissionmaygiverisetotwo
or more causes of action. Thus, an act or omission 3. Iftheactionforquasidelictisinstituted
may give rise to an action based on delict, quasi after four (4) years, it is deemed
delictorcontract. prescribed.

In negligence cases, prior conduct should be 4. Whentheinjurysufferedbyapersonis
examined, that is, conduct prior to the injury that theresultofafortuitouseventwithout
resulted,orinpropercase,theaggravationthereof. humanintervention.

Q: When is Art. 2176 (on quasidelict) 5. Ifthereisnodamageorinjurycausedto
inapplicable? another.

A:

(2)DISTINGUISHEDFROMCULPACONTRACTUALANDCULPACRIMINAL

Q:Distinguishquasidelictfromculpacontractualandculpacriminal.

A:
CULPACONTRACTUAL CULPAAQUILIANA CULPACRIMINAL
CivilNegligence,QuasiDelict,
ContractualNegligence CriminalNegligence
Tort,orCulpaExtraContractual
ProofNeeded
Proofofguiltbeyond
Preponderanceofevidence Preponderanceofevidence
reasonabledoubt
OnusProbandi
Victimmustprove:
Contractingpartymustprove:
1. Thedamagesuffered; Prosecutionmustprovethe
1. Theexistenceofthe
2. Thenegligenceofthedefendant; guiltoftheaccusedbeyond
contract;
3. Thecausalconnectionbetweenthe reasonabledoubt.
2. Thebreachthereof.
damageandthenegligence.
DefenseAvailable
Exerciseofextraordinary Exerciseofdiligenceofagoodfatherof
Defensesprovidedforunder
diligence(incontractsof afamilyintheselectionand
theRevisedPenalCode.
carriage),Forcemajeure supervisionofemployees
ExistenceofContractbetweentheParties
Thereispreexistingcontract Nopreexistingcontract Nopreexistingcontract

Note:Theresultinthecriminalcase,whetheracquittal,orconvictionisirrelevantintheindependentcivilaction
undertheCivilCode(DionisiovsAlyendia,102Phil443,57,citedinMckeevsIAC,211SCRA536)unlessacquittalis
basedonthecourtsdeclarationthatthefactfromwhichthecivilactionarosedidnotexist,hencethedismissalof
criminalactioncarrieswiththeextinctionofthecivilliability.(AndamovsIAC,191SCRA204,90J.Fernan)

506
CIVILLAWTEAM:

TORTS AND DAMAGES
B.INDIRECTLIABILITYFORINTENTIONALACTS a. fortheiremployees
b. in the service of the branches in
SeeVicariousLiability. whichtheyareemployed,or;
c. ontheoccasionoftheirfunctions
C.PRESUMPTIONOFNEGLIGENCEONPERSONS 4. Employers:
INDIRECTLYRESPONSIBLE a. damages caused by employees
andhouseholdhelpers
Q:Whatisthepresumptionofnegligenceon b. acting within the scope of their
personsindirectlyresponsible? assignedtasks
c. even if the employer is not
A: The presumption of law is that there was engaged in any business or
negligenceonthepartofthemasteroremployer industry
eitherintheselectionoftheservantoremployee 5. State acting through a special agent
(culpaineligiendo)orinthesupervisionoverhim and not when the damage has been
aftertheselection(culpavigilando),orboth. causedbytheofficialtowhomthetask
doneproperlypertains.
Note:Thepresumptionisjuristantumandnotjuris 6. Teachersorheadsofestablishments:
et de jure; subsequently, it may be rebutted. a. ofartsandtrades
Accordingly, if the employer shows to the b. fordamagescausedbytheirpupils
satisfaction of the court that in the selection and andstudentsorapprentices
supervision of his employee he has exercised the c. so long as they remain in their
care and diligence of a good father of a family, the custody(Art.2180,NCC)
presumption is overcome and he is relieved of the
liability.
Q:Givethedistinctionsontheemployers

liabilityunderArt2180NCCandRevisedPenal
D.NATUREOFLIABILITY;JOINTORSOLIDARY
Code.

Q:Whatistheprincipleofvicariousliabilityor
A:
lawonimputednegligence?
a. Under the Civil Code: the liability is
direct and primary (solidary),the

A:UnderArt.2180,apersonisnotonlyliablefor
employer may be sued even without
tortscommittedbyhim,butalsofortorts
suingtheemployee
committedbyotherswithwhomhehasacertain

relationorforwhomheisresponsible. NOTE: Diligence of a good father is a
defense.
Q: What is the nature of the responsibility of a Employer is liable even if not engaged in
vicariousobligor? business. Proof of negligence is by mere
preponderanceofevidence
A: His liability is primary and direct, not
subsidiary. He is solidarily liable with the b. Under the Revised Penal Code: the
tortfeasor. His responsibility is not conditioned liabilityissubsidiary
upon the insolvency of or prior recourse against
thenegligenttortfeasor(DeLeonBrokeragev.CA, NOTE: Diligence of a good father is not a
G.R.15247,Feb.28,1962) defense.
Must prove employer is engaged in
Q:Whoarethepersonsvicariouslyliable? business.
Proof beyond reasonable doubt is
A:FGOEST required.
1. Father,orincaseofdeathorincapacity,
mother: 2.INPARTICULAR
a. damagecausedbyminorchildren
b. livingintheircompany A.PARENTS
2. Guardians:
a. for minors or incapacitated Q: What is the basis of the parents vicarious
persons liability?
b. undertheirauthority
c. livingintheircompany A: This liability is made natural as logical
3. Owners and managers of consequencesofthedutiesandresponsibilitiesof
establishments: parents exercising parental authority which
507

includes controlling, disciplining and instructing C.OWNERSANDMANAGERSOF
their children. In this jurisdiction the parents ESTABLISHMENTSANDENTERPRISES
liability is vested by law (NCC and FC) which
assumes that when a minor or unemancipated Q: In what sense do the terms owners and
childlivingwiththeirparent,commitsatortuous managersused?
act, the parents are presumed negligent in the
performance of their duty to supervise the A:Theyareusedinthesenseofemployerand
children under their custody. A presumption donotincludethemanagerofacorporationwho
which juris tantum, not juris es de jure, himselfisjustanemployee(Phil.RabbitBusLines
rebuttableovercome by proof having exercised v. Phil. American Forwarders, Inc., G.R. No. L
andobservedallthediligenceofagoodfatherof 25142,Mar.25,1975).
a family (diligentissimi patris familias). (Tamagro
vsCA,209SCRA519) Q: What is the extent of liability for damage of
ownersandmanagersofestablishments?
Q: In the event of death or incapacity of the
parents, who are liable for acts or omissions of A: They are liable for damage caused by their
minors? employeesintheserviceofthebranchesinwhich
they are employed, or on the occasion of their
A: In default of the parents or a judicially functions.
appointed guardian, parental authority shall be
exercised by the following persons in the order D.EMPLOYERS
indicated:
1. Survivinggrandparents; (1)MEANINGOFEMPLOYERS
2. Oldest sibling, over 21 years old unless
unfitorunqualified; Q:Whoisanemployer?
3. Childs actual custodian, over 21 years
oldunlessunfitordisqualified. A:Employerincludesanypersonactingdirectlyor
indirectly in the interest of an employer in
Note: Judicially adopted children are considered relation to an employee and shall include the
legitimate children of their adopting parents. Thus, governmentandallitsbranches,subdivisionsand
adoptersarecivillyliablefortheirtortuous/criminal instrumentalities, all governmentowned or
actsifthechildrenlivewiththemandareminors. controlled corporations and institutions, as well
as nonprofit private institutions, or
Asforanillegitimatechild,ifheisacknowledgedby organizations.(Art.97,P.D.442)
thefatherandlivewiththelatter,thefathershallbe
responsible.However,ifheisnotrecognizedbythe
(2)REQUISITES
putative father but is under the custody and

supervisionofthemother,itisthelatterwhoisthe
onevicariouslyliable(Pineda,p.87,2009ed).
Q:Whenisanemployerliable?

B.GUARDIAN A:Theemployerisliableonlyiftheemployeewas
performing his assigned task at the time the
Q:Whoisaminorunderthisarticle? injury was caused. This includes any act done by
theemployeeinthefurtheranceoftheinterestof
A: Minors here refer to those who are below the employer at the time of the infliction of the
twentyone(21)yearsandnottothosebelow18 injuryordamage.(Aquino,T.,TortsandDamages,
years.Thelawreducingthemajorityagefrom21 2005,SecondEd.,p697)
to18yearsdidnotamendtheseparagraphs.(Art.
236 Family Code as amended by RA No. 6809) (A)EMPLOYEECHOSENBYEMPLOYEROR
(Pineda,pp.8182,2009ed.) THROUGHANOTHER

Q:AredefactoguardianscoveredbyArt.2180? Q:Whatisrequiredbeforeanemployermaybe
heldliablefortheactofitsemployees?
A:Yes,thelawshouldbeappliedbyanalogy.De
facto guardians are relatives and neighbors who A:
take upon themselves the duty to care and 1. The employee was chosen by the
support orphaned children without passing employer personally or through
through judicial proceedings. (Pineda, p.88, 2009 another;
ed.)
508
CIVILLAWTEAM:

TORTS AND DAMAGES
2. The service is to be rendered in employees.(LRTAv.Navidad,G.R.145804,Feb.6,

accordance with orders which the 2003)
employer has the authority to give all
times; (3)EMPLOYERNEEDNOTBEENGAGEDIN
3. Thattheelicitactoftheemployeewas BUSINESSORINDUSTRY
on the occasion or by reason of the
functionsentrustedtohim. Q:Isitrequiredthattheemployerisengagedin
somekindofindustryorwork?
Note: Before the employers subsidiary liability is
exacted,theremustbeproofthat: A: No. Negligent acts of employees, whether or
1. they are indeed the employers of not the employer is engaged in a business or
theconvictedemployee industry,arecoveredsolongastheywereacting
2. theformerareengagedinsomekind within the scope of their assigned task. For,
ofindustry admittedly,employeesoftentimesweardifferent
3. the crime was committed by the hats.Theyperformfunctionsbeyondtheiroffice,
employees in the discharge of their
title or designation but which, nevertheless, are
duties
still within the call of duty. ( Castilex Industrial
4. that the execution against the latter
has not been satisfied due to
Corporationv.Vasquez.,etal.)
insolvency.
(4)DEFENSEOFDILIGENCEINSELECTIONAND
(B)SERVICESRENDEREDINACCORDANCEWITH SUPERVISION
ORDERSWHICHEMPLOYERHASAUTHORITYTO
GIVE Q: What are the defenses available to an
employer?
Seediscussionbelow.
A:
(C)ILLICITACTOFEMPLOYEEWASONTHE 1. Exercise of due diligence in the
OCCASIONORBYREASONOFTHEFUNCTIONS selection and supervision of its
ENTRUSTEDTOHIM employees(exceptincriminalaction);
2. The act or omission was made outside
Q:Isitrequiredthattheemployeemustbe working hours and in violation of
performinghisassignedtaskatthetimethatthe companysrulesandregulations.
injuryiscaused?
Q:Whataretheremediesoftheinjuredpartyin
A: Yes. The vicarious liability of employers pursuingthecivilliabilityoftheemployerforthe
attaches only when the tortuous conduct of the actsofhisemployees?
employee relates to, or is in the course of his
employment.(Valenzuelav.CA) A:
1. If he chooses to file a civil action for
Itisnotnecessarythatthetaskperformedbythe damages based on quasidelict under
employee is his regular job or that which was Article 2180 and succeeds in proving
expressly given to him by the employer. It is the negligence of the employee, the
enough that the task is indispensable to the liability of the employer is primary,
business or beneficial to the employer. (Filamer directandsolidary.Itisnotconditioned
ChristianInstitutev.IAC,212SCRA637) on the insolvency of the employee
(Metro Manila Transit Corp. v. CA, G.R.
(D)PRESUMPTIONOFNEGLIGENCE No.118069,Nov.16,1998).

Q:Whatisthepresumptiononthenegligenceof 2. If he chooses to file a criminal case
theemployer? against the offender and was found
guilty beyond reasonable doubt, the
A:Theemployerispresumedtobenegligentand civil liability of the employer is
thepresumptionflowsfromthenegligenceofthe subsidiary.Theemployercannotuseas
employee. Once the employees fault is a defense the exercise of the diligence
established, the employer can then be made ofagoodfatherofafamily.
liable on the basis of the presumption that the
employer failed to exercise diligentissimi patris Once there is a conviction for a felony,
families in the selection and supervision of its final in character, the employer under
509

Article 103 of the RPC, is subsidiary Q:WhataretheaspectsofliabilityoftheState?
liable, if it be shown that the
commission thereof was in the A:
discharge of the duties of the 1. Public/GovernmentalwheretheState
employee. A previous dismissal of an isliableonlyforthetortuousactspfits
action based on culpa aquiliana could specialagents.
notbeabartotheenforcementofthe 2. Private/Nongovernmental when the
subsidiary liability required by Art. 103 State is engaged in private business or
RPC. (Jocson, et al. v. Glorioso, G.R. L enterprise, it becomes liable as an
22686, Jan. 30, 1968) (Pineda, pp. 101 ordinaryemployer.
102,2009ed.)
Note:Ifthespecialagentisnotapublicofficialand
Q: Would the defense of due diligence in the is commissioned to perform nongovernmental
selection and supervision of the employee functions, then the State assumes the role of an
availabletotheemployerinbothinstances? ordinaryemployerandwillbeheldliableassuchfor
the tortuous acts of said agent. If the State
A: The defense of diligence in the selection and commissioned a private individual to perform a
supervisionoftheemployeeunderArticle2180of special governmental task, it is acting through a
specialagentwithinthemeaningoftheprovision.
theCivilCodeisavailableonlytothoseprimarily

liable thereunder, but not to those subsidiary
F.TEACHERSANDHEADSOFESTABLISHMENTS
liable under Article 103 of the Revised Penal
OFARTSANDTRADES
Code.(Yumulv.Juliano,G.R.No.47690,Apr.,28,

1941)(1997BarQuestion)
Q: What is the basis of the teachers vicarious

liability?
(5)NATUREOFEMPLOYERSLIABILITY

A: The basis of the teachers vicarious liability is,
Q: What is the nature of the employers
as such, they acting in Loco Parentis (in place of
vicariousliability?
parents). However teachers are not expected to

have the same measure of responsibility as that
A:IfbasedonculpaaquilianaunderArt.2176and
imposed on parent for their influence over the
2180 of the Civil Code, the liability is primary,
childisnotequalindegree.Theparentcaninstill
while that under Art. 103 of the Revised Penal
more lasting discipline more lasting disciple on
Codeissubsidiary.
thechildthantheteacherandsoshouldbeheld

to a greater accountability than the teacher or
E.STATE
theheadforthetortcommittedbythechild.

Q: When is the State liable for the acts of
Q: When are teachers and heads of schools
others?
liable?

A:TheStateisonlyliableforthenegligentactsof
A:
itsofficers,agentsandemployeeswhentheyare
GR: The teacherincharge is liable for
actingasspecialagents.TheStatehasvoluntarily
theactsofhisstudents.
assumed liability for acts done through special

agents.
XPN: In the case of establishments of

NOTE: The State assumes the role of an ordinary
arts and trades, it is the head thereof,
employer and will be held liable for the special and only he, who shall be liable.
agentstorts(FontanillavsMalianan) (AmadoravCA,160SCRA315)

Q:Whoisaspecialagent? Note: There is really no substantial difference
distinctionbetweentheacademicandnonacademic
schoolsinsofarastortscommittedbytheirstudents
A: A special agent is one who receives a definite
areconcerned.Thesamevigilanceisexpectedfrom
and fixed order or commission, foreign to the
theteacheroverthestudentundertheircontroland
exerciseofthedutiesofhisoffice. supervision, whatever the nature of the school
whereheisteaching.
An employee who on his own responsibility
performs functions inherent in his office and
naturallypertainingtheretoisnotaspecialagent

510
CIVILLAWTEAM:

TORTS AND DAMAGES
Q: When is a student considered in the custody V.PROXIMATECAUSE

oftheschoolauthorities?
A.CONCEPT
A: The student is in the custody of the school
authoritiesaslongasheisunderthecontroland 1.DEFINITION
influence of the school and within its premises,
whether the semester has not ended, or has Q:Whatisproximatecause?
endedorhasnotyetbegun.Thetermcustody
signifiesthatthestudentiswithinthecontroland A: An act from which an injury results as a
influenceoftheschoolauthorities.Theteacherin natural, direct, uninterrupted consequence and
charge is the one designated by the dean, without which the injury would not have
principal, or other administrative superior to occurred.
exercisesupervisionoverthepupilsorstudentsin
the specific classes or sections to which they are 2.TEST
assigned. It is not necessary that at the time of
theinjury,theteacherisphysicallypresentandin Q: What are the tests to determine whether a
apositiontopreventit. causeisproximate?

A:
C.JOINTTORTFEASORS 1. CauseInFactTestItisnecessarythat
thereisproofthatdefendantsconduct
Q:Whoarejointtortfeasors? isafactorincausingplaintiffsdamage.
Determines whether the defendants
A: All the persons who command, instigate, act or omission is a causally relevant
promote, encourage, advice, countenance, factor
cooperate in, aid, or abet the commission of a
tort,orwhoapproveitafteritisdone,ifdonefor a. ButForTest/SineQuaNonTest
theirbenefit;theyareeachliableasaprincipal,to b. SubstantialFactorTest
the same extent and in same manner as if they c. Necessary and Sufficient Test
haveperformedthewrongfulactthemselves. (NESS) The act or omission is a
causeinfact if it is a necessary
elementofasufficientset.
IV.ACTOROMISSIONANDITSMODALITIES
2. Policy test The law limits the liability
A.CONCEPTOFACT of the defendant to certain
consequences of his action; if the
Q:Whatisanact? damage or injury to the plaintiff is
beyondthelimitoftheliabilityfixedby
A: Any bodily movement tending to produce law,thedefendantsconductcannotbe
some effect in the external world, it being considered the proximate cause of the
unnecessarythatthesamebeactuallyproduced, damage.
as the possibility of its production is sufficient.
(Peoplev.Gonzales,183SCRA309,324) NOTE:Suchlimitofliabilityisdetermined
by applying these subtests of the policy
test:
a. ForeseeabilityTest;
b. Natural and Probable Consequence
Test;
c. Natural and Ordinary or Direct
ConsequencesTest;
d. HindsightTest;
e. OrbitofRiskTest;
f. SubstantialFactorTest.

511

3.DISTINGUISHEDFROMIMMEDIATECAUSE,INTERVENINGCAUSE,REMOTEANDCONCURRENT
Q:Distinguishproximate,immediateinterveningremoteandconcurrentcauses.

A:
PROXIMATECAUSE INTERVENINGCAUSE REMOTECAUSE CONCURRENTCAUSE
Itisthecausewhich,in Onethatdestroysthe
causalconnectionbetween Causesbroughtaboutby
naturalandcontinuous
Thatcausewhichsome theactsandomissionsof
sequence,unbrokenby thenegligentactandinjury
andtherebynegatives independentforcemerely thirdpersonswhichmakes
anyefficientintervening
liability. tookadvantageofto thedefendantstillliable.
cause,producesthe
accomplishsomethingnot Here,theproximatecause
injury,andwithoutwhich
Note:ForeseeableIntervening thenaturaleffectthereof. isnotnecessarilythesole
theresultwouldnothave
causescannotbeconsidered causeoftheaccident
occurred. sufficientinterveningcauses

B.CAUSEINFACT C.LEGALCAUSE

1.BUTFOR 1.NATURALANDPROBABLECONSEQUENCES

Q:Whatisthebutfortest? Q:Explainnaturalandforeseeabletest.

A:Itconsiderswhethertheinjurywouldnothave A: Where the defendants liability is recognized
occurred but for the defendant's negligent act. only if the harm or injury suffered is the natural
Defendants conduct is the cause in fact of the andprobableconsequenceofhisactoromission
injuryifthedamagewouldnothaveresultedhad complainedof.(Banzonv.CA,175SCRA297)
there been no negligence on the part of the
defendant. 2.FORESEEABILITY

2.SUBSTANTIALFACTORTEST Q:Explaintheforeseeabilitytest.

Q:Whatisthesubstantialfactortest? A: Where the particular harm was reasonably
foreseeable at the time of the defendants
A:It makes the negligent conduct the causein misconduct,hisactoromissionisthelegalcause
factofthedamageifitwasasubstantialfactorin thereof. To be negligent, the defendant must
producing the injuries. It is important in cases haveactedorfailedtoactinsuchawaythatan
wherethereareconcurrentcauses ordinary reasonable man would have realized
that certain interests of certain persons were
3.CONCURRENTCAUSES unreasonably subjected to a general but definite
class of risk which made the actors conduct
Q:Whatistheprincipleofconcurrentcauses? negligent,itisobviouslytheconsequenceforthe
actormustbeheldlegallyresponsible.
A: Where the concurrent or successive negligent
acts or omissions of two or more persons, D.EFFICIENTINTERVENINGCAUSE
although acting independently, are in
combinationwiththedirectandproximatecause Q:Whatisanefficientinterveningcause?
rd
of a single injury to a 3 person, and it is
impossible to determine what proportion each A:Itisonewhichdestroysthecausalconnection
contributed to the injury, either of them is between the negligent act and the injury and
responsibleforthewholeinjury,eventhoughhis thereby negatives liability (novus actus
actalonemightnothavecausedtheentireinjury. interviens).

Q:Whenistherenoefficientinterveningcause?

A: If the force created by the negligent act or
omissionhaveeither:
1. remainedactiveitself;

512
CIVILLAWTEAM:

TORTS AND DAMAGES
2. created another force which remained Note:Thereisadifferentruleincaseofcollisionof

activeuntilitdirectlycausedtheresult; vessels.
or
3. createdanewactiveriskofbeingacted Q:Whataretheinstanceswhenthedoctrineof
upon by the active force that caused lastclearchanceisinapplicable?
theresult
A:
E.CAUSEVS.CONDITION 1. The party charged is required to act
instantaneously, and the injury cannot
Q:Distinguishcauseandcondition. be avoided by the application of all
means at hand after the peril is or
A:Causeistheactiveforcewhileconditionisthe should have been discovered;
passivesituation.Theformeristheactivecause (Pantranco North Expressway v. Baesa,
of the harm and the latter is the existing G.R.Nos.7905051,Nov.14,1989)
conditionsuponwhichthecauseoperated.
2. If the defendants negligence is a
Note:Ifthedefendanthascreatedonlyapassive concurrentcauseandwhichwasstillin
staticconditionwhichmadethedamagepossible, operationuptothetimetheinjurywas
thedefendantissaidnottobeliable. inflicted;

F.LASTCLEARCHANCE 3. Where the plaintiff, a passenger, filed
an action against a carrier based on
Q:Whatisthedoctrineoflastclearchance? contract; (Bustamante v. CA, G.R. No.
89880,Feb.6,1991)
A: The contributory negligence of the party
injuredwillnotdefeattheclaimfordamagesifit 4. If the actor, though negligent, was not
is shown that the defendant could, by the aware of the danger or risk brought
exercise of reasonable care and prudence, have about by the prior fraud or negligent
avoided the consequences of the negligence of act;
theinjuredparty.
5. In case of a collapse of a building or
Q:Whataretherequisitesofthedoctrineoflast structure. (De Roy v. CA, G.R. No. L
clearchance? 41154, Jan. 29, 1988) (Pineda, p.60,
2009ed.)
A:
1. Both plaintiff and defendant were Q:Whatarethealternativeviewsregardingthe
negligent. (This is an exception to doctrineoflastclearchance?
concurrentnegligencerule);
2. Plaintiff was in a position of danger by A:
hisownnegligence; 1. Prevailing view: The law is that the
3. Defendantknewofsuchpositionofthe person who has the last fair chance to
plaintiff; avoid the impending harm and fails to
4. Defendant had the last clear chance to do so is chargeable with the
avoid the accident by exercise of consequences,withoutreferencetothe
ordinarycarebutfailedtoexercisesuch priornegligenceoftheotherparty.
lastclearchance;
5. Accident occurred as proximate cause 2. Minority view: The last clear chance
ofsuchfailure. doctrine is inapplicable in Philippine
jurisdiction in determining the
Q:Isthedoctrineoflastclearchanceapplicable proximatecauseoftheaccident.
incaseofcollision?
3. Third view: That the doctrine of
A: Yes. In case of collision, it applies in a suit comparative negligence and the last
between the owners and drivers of colliding clear chance doctrine are not
vehicles and not where a passenger demands inconsistentwitheachother.
responsibility from the carrier to enforce its
contractualobligations.
513

VI.LEGALINJURY C.VIOLATIONOFRIGHTORLEGALINJURY

A.CONCEPT Q:Whataretheavailableremediesforaperson
whoserightshavebeenviolated?
Q:Whatisinjuryasdistinguishedfromdamage?
A: Legal remedies are either preventive or
A:Injuryistheillegalinvasionofalegalright compensatory.Everyremedyinacertainsenseis
whiledamageistheloss,hurtorharm.Injury preventive because it threatens certain
referstoanyindeterminaterightorproperty,but undesirable consequences to those who violate
alsotohonorandcredit. therightsofothers.

B.ELEMENTSOFRIGHT Theprimarypurposeofatortactionistoprovide
compensationtoapersonwhowasinjuredbythe
Q:Whatisaright? tortuous conduct of the defendant. The remedy
of the injured person is therefore primarily an
A: It is a legally enforceable claim of one person action for damages against the defendant.
against another, that the other shall do a given (Aquino,p.20,2005ed.)
act,orshallnotdoagivenact(Pineda,Persons,p.
23)
D.CLASSESOFINJURY
Q:Whatarethekindsofrights?Distinguish.
1.INJURYTOPERSONS
A:
1. Natural Rights Those which grow out Q:Whatarethetortscommittedagainst
ofthenatureofmananddependupon persons?
personality.
A:
E.g. right to life, liberty, privacy, and 1. assault,
goodreputation. 2. battery,
3. falseimprisonment,
2. PoliticalRightsConsistinthepowerto 4. intentional infliction of emotional
participate, directly or indirectly, in the distress,and
establishment or administration of 5. fraud
government.
2.INJURYTOPROPERTY
E.g. right of suffrage, right to hold
publicoffice,rightofpetition. Q:Whatarethetortscommittedagainst
property?
3. Civil Rights Those that pertain to a
person by virtue of his citizenship in a A:
stateorcommunity. 1. trespasstoland,
2. trespasstochattels,and
E.g. 3. conversion.
1. propertyrights,
2. marriage, 3.INJURYTORELATIONS
3. equalprotectionoflaws,
4. freedom of contract, trial by Q:Whatarethetortsthatcauseinjuryto
jury.(Pineda,Persons,p.24) relations?
5. Rights of personalty or human
rights; A:
6. Familyrights;and 1. Familyrelations
7. Patrimonialrights: a. Alienationofaffection
i.Realrights b. Lossofconsortium
ii. Personal rights. (Rabuya c. Criminalconversation(adultery)
Persons,p.19) 2. Socialrelations
a. Meddlingwithordisturbingfamily
relations

514
CIVILLAWTEAM:

TORTS AND DAMAGES
b. Intriguingtocauseanothertobe a. Appropriation
alienatedfromhisfriends b. Intrusion
3. Economicrelations c. publicdisclosureofprivatefacts
a. Interferencewithcontractual d. falselightinthepubliceye
relations 4. Disturbanceofpeaceofmind
b. Unfaircompetition 5. Maliciousprosecution
4. Politicalrelations 6. Defamation
a. Violationofrighttosuffrage
b. Violationofotherpoliticalrights B.INTERFERENCEWITHRELATIONS
(freedomofspeech,press,
assemblyandpetition,etc.) SeeInjurytoRelations.

B.INTERFERENCEWITHRIGHTSTOPERSONS
VII.INTENTIONALTORTS ANDPROPERTY

A.GENERAL 1.INTENTIONALPHYSICALHARMS

1.CONCEPT A.GENERAL

Q:Whatisintentionaltort? (1)CONCEPT

A:Tortorwrongperpetratedbyonewhointends (2)KINDS
to do that which the law has declared wrong as
contrastedwithnegligenceinwhichthetorfeasor B.VIOLATIONOFPERSONSSECURITY,PHYSICAL
failstoexercisethatdegreeofcareindoingwhat INJURIES
is otherwise permissible (Blacks Law Dictionary,
th
6 edition,p.1489). (1)BATTERY(PHYSICALINJURY)

Note: Intentional torts are those which involve Q:Whatisbatteryasabasisfortortliability?
maliceorbadfaith.
A: It is the intentional, unprivileged, and either
2.CLASSES harmful or offensive contact with the person of
another.
A.INTERFERENCEWITHPERSONSAND
PROPERTY NOTE: Atcommon law,batteryis thetortof
intentionally and voluntarily bringing about an
(1)PHYSICALHARMS unconsented harmful or offensive contact with a
person or to something closely associated with
Q:Whatthekindsofphysicalharms? them.

A: Q: When is a person liable for tort based on
1. Violation of persons security, physical battery?
injuries
a. battery(physicalinjury) A: An actor is subject to liability to another for
b. assault(gravethreat) batteryif:
2. Falseimprisonment(illegaldetention) 1. heactsintendingtocauseaharmfulor
3. Trespasstoland offensivecontactwiththepersonofthe
4. Interferencewithpersonalproperty otherorathirdperson,oranimminent
a. trespasstochattels apprehensionofsuchacontact,and
b. conversion 2. a harmful/offensive contract with the
personoftheotherdirectlyorindirectly
(2)NONPHYSICALHARMS results

Q:Whatthekindsofnonphysicalharms? Q:Whataretheelementsofbattery?

A: A:
1. Violationofpersonaldignity 1. Intent
2. Inflictionofemotionaldistress 2. Harmfuloroffensiveconduct
3. Violationofprivacy 3. Absenceofprivilege
515

Q:Isactualcontactnecessaryinbattery? (2)ASSAULT(GRAVETHREAT)

A: No. Unlikeassault, battery involves an actual Q:Whatisassaultinthecontextoftorts?
contact. The contact can be by one person
(thetortfeasor) of another (the victim), or the A: Itis thetortof acting intentionally and
contactmaybebyanobjectbroughtaboutbythe voluntarily causing the reasonable apprehension
tortfeasor. For example, the intentional contact ofanimmediateharmfuloroffensivecontact.
byacarisabattery.
Q: What are the elements of assault as a basis
NOTE:Unlikecriminallaw,whichrecognizesdegrees fortortliability?
ofvariouscrimesinvolvingphysicalcontact,thereis
butasingletortofbattery.Lightlyflickingaperson's A:
earisbattery,asisseverelybeatingsomeonewitha 1. An act by defendant creating a
tire iron. Neither is there a separate tort for a reasonableapprehensioninplaintiff
batteryofasexualnature. 2. of immediate harmful or offensive
contacttoplaintiff'sperson
Q: What are some rules in determining liability 3. Intent
fortortbasedonbattery? 4. Causation

A: Q: When is an actor liable for tort based on
1. The victim of a battery need not be assault?
awareoftheactatthetimeforthetort
tohaveoccurred. A:Anactorisliableforassaultif:
2. Battery is a form oftrespassto the 1. Heactsintendingtocauseaharmfulor
person and as such no actual damage offensivecontactwiththepersonofthe
(e.g. injury) needs to be proved. Only other, or an imminent apprehension of
proof of contact (with the appropriate suchacontact,and
level of intention or negligence) needs 2. The other is thereby put in such
tobemade. imminentapprehension.
3. Ifthereisanattemptedbattery,butno
actual contact, that may constitute a Note:Assaultrequiresintent.
tortofassault.
4. Battery need not require bodytobody Actual ability to carry out the apprehended contact
contact. Touching an object "intimately isnotnecessary.
connected" to a person (such as an
objectheorsheisholding)canalsobe Q:Whenisanactnotconsideredanassault?
battery.
5. Acontactmayconstituteabatteryeven A:Anactintendedasasteptowardtheinfliction
if there is a delay between the ofafuturecontact,whichissorecognizedbythe
defendant's act and the contact to the other, does not make the actor liable for an
plaintiff'sinjury. assaultundertherule.

Q: What are the defenses in trespass to the Q:Isactualcontactnecessaryinassault?
personwhichareapplicabletobattery?
A:No.Asdistinguishedfrombattery,assaultneed
A: The standard defenses to trespass to the nottoinvolveactualcontactitonlyneedsintent
personare: andtheresultingapprehension.However,assault
1. necessity, requires more than words alone. For example,
2. consent, wielding a knife while shouting threats could be
3. selfdefense,and construed as assault if an apprehension was
4. defenseofothers. created.

Note: Self defense as to battery can consist only of Note: A battery can occur without a preceding
engaginginphysicalcontactwithanotherpersonin assault, such as if a person is struck in the back of
order toprevent theotherperson from themselves the head. Fear is not required, only anticipation of
engaginginaphysicalattack. subsequentbattery.

Privilegeisadefenseforbattery.Defendanthas
burdentoprove.
516
CIVILLAWTEAM:

TORTS AND DAMAGES
Q:Wheniscontactsaidtobeharmful? 3. the other is conscious of the

confinementorisharmedbyit.
A:Whilethelawvariesbyjurisdiction,contact is
oftendefinedas"harmful"ifitobjectivelyintends D.TRESPASSTOLAND
toinjure,disfigure,impair,orcausepain.
(1)CONCEPT
Q:Whenisanactdeemedtobeoffensive?
Q:Whatistrespasstorealproperty?
A: The act is deemed "offensive" if it would
offend a reasonable persons sense of personal A:Itisatortthatiscommittedwhenaperson
dignity. unlawfullyinvadestherealpropertyofanother.

Q:Inwhatcontextisimminenceunderstoodin Q:Whenmaydamagesbeawardedin
determiningtortliabilityforassault? deprivationofrealproperty?

A: "Imminence" is judged objectively and varies A: Damages may be awarded if the real owner
widelyonthefacts,itgenerallysuggeststhereis was deprived of possession of his property by a
littletonoopportunityforinterveningacts. possessor in bad faith or by a person who does
nothaveanyrightwhatsoeverovertheproperty.
Q:Distinguishapprehensionfromfear.
Note:Damagesmaybeawardedtotherealownerif
A: The state of "apprehension" should be hesufferedsuchdamagesbecausehewasdeprived
differentiated from the general state offear, as of possession of his property by a possessor in bad
apprehension requires only that the person be faith or by a person who does not have any right
aware of the imminence of the harmful or whatsoeverovertheproperty.
offensiveact.
Anybody who builds, plants or sows on the land of
anotherknowingfullwellthatthereisadefectinhis
Q:Whataresomedefensesinassault?
titleisliablefordamages.Theliabilityisinaddition
to the right of the landowner in good faith to

A: Assault can be justified in situations of self appropriate what was built, planted or sown or to
defenseordefenseofathirdpartywheretheact removethesame.
wasdeemedreasonable.Itcanalsobejustifiedin
situations where consent can often be implied Liability for damages under the abovecited
(i.e.sportscompetitions). provisionsoftheRPCandtheNCCrequiresintentor
badfaith.
C.FALSEIMPRISONMENT(ILLEGALDETENTION)
(2)ELEMENTS
Q:Whataretheelementsoffalseimprisonment
asabasisfortortliability? Q:Isintentorbadfaithnecessaryforliabilityto
attach?
A:
1. An act or omission on the part of A:Yes,theRevisedPenalCodeandtheNewCivil
defendant that confines or restrains Coderequiresintentorbadfaith.
plaintiff
2. That plaintiff is confined or restrained Note: Chief Justice Concepcion observed however
toaboundedarea; thattrespassmayevenbecommittedingoodfaith.
3. Intent;and (Republic v. de los Angeles, G.R. L26112, Oct. 4,
4. Causation 1971)

Q: When is an actor liable for false Q:Whatistheextentoftrespasstopersonal
imprisonment? property?

A: Under the law on torts, an actor is liable for A:Inthefieldoftort,trespassextendstoallcases
falseimprisonmentif: where a person is deprived of his personal
1. he acts intending to confine the other propertyevenintheabsenceofcriminalliability.
withinboundariesfixedbytheactor, (Aquino,T.,TortsandDamages,2005,SecondEd.
2. his act directly or indirectly results in P.368)
suchaconfinement,and

517

E.INTERFERENCEWITHPERSONALPROPERTY 1. Prying into the privacy of another's
residence;
(1)TRESPASSTOCHATTELS 2. Meddlingwithordisturbingtheprivate
lifeorfamilyrelationsofanother;
Q:Whatistrespasstochattels? 3. Intriguing to cause another to be
alienatedfromhisfriends;
A:Itiswhereapersontookpossessionofthe 4. Vexing or humiliating another on
propertyofanotherinbadfaith. account of his religious beliefs, lowly
station in life, place of birth, physical
(2)CONVERSION defect, or other personal condition.
(Art.26,NCC)
Q:Whataretheelementsofconversion?
C.INFLICTIONOFEMOTIONALDISTRESS
A:
1. An act by defendant that interferes with Q:Whataretherequisitesforonetobeableto
plaintiff's right of possession in a recover for the intentional infliction of
chattel. emotionaldistress?

2. The interference is so serious that it A:Theplaintiffmustshowthat:
warrantsrequiringdefendanttopaythe
chattel'sfullvalue. 1. The conduct of the defendant was
intentional or in reckless disregard of
Q:Whatmaybeincludedinconversion? theplaintiff;
2. The conduct was extreme and
A:Conversionmayinclude: outrageous;
1. Cases where the defendant deprived 3. There was a causal connection
theplaintiffofpersonalpropertyforthe betweenthedefendantsconductand
purpose of obtaining possession of a theplaintiffsmentaldistress;and
real property, as when a landlord 4. The plaintiffs mental distress was
deprived his tenants of water in order extremeandsevere.
for them to vacate the lot they were
cultivating. Note: Even if there was no intentional infliction of
2. Unjustified deprivation of access to emotionaldistressinonecase,theSCrecognizedthe
property such as unjustified possibilitythat one maybe made liable for thetort
disconnectionofelectricityservice ofintentionalinflictionofemotionaldistress.

2.INTENTIONALNONPHYSICALHARMS Q: What does extreme and outrageous
conductmean?
A.GENERAL
A:Itisconductthatissooutrageousincharacter,
(1)CONCEPT and so extreme in degree, as to go beyond all
possible bounds of decency, and to be regarded
(2)KINDS as atrocious, and utterly intolerable in civilized
society.
B.VIOLATIONOFPERSONALDIGNITY
Q:Whatdoesemotionaldistressmean?
Q:Whatistherulewithregardtotherightofa
person to his dignity, personality, privacy and A:Itisanyhighlyunpleasantmentalreactionsuch
peaceofmind? as extreme grief, shame, humiliation,
embarrassment, anger, disappointment, worry,
A: Every person shall respect the dignity, nausea, mental suffering and anguish, shock,
personality, privacy and peace of mind of his fright,horror,andchagrin.
neighbors and other persons. The following and
Note: Severe emotional distress in some
similar acts, though they may not constitute a
jurisdictions, refer to any type of severe and
criminal offense, shall produce a cause of action
disabling emotional or mental condition which may
fordamages,preventionandotherrelief: be generally recognized and diagnosed by
professionals trained to do so, including
518
CIVILLAWTEAM:

TORTS AND DAMAGES
posttraumatic stress disorder, neurosis, psychosis, 3. TheRPCmakesacrimethe:

chronicdepression,orphobia. i. violation of secrets by an
officer,
The plaintiff is required to show, among other ii. revelation of trade and
things,thatheorshesufferedemotionaldistressso industrialsecrets,and
severethatnoreasonablepersoncouldbeexpected iii. trespasstodwelling.
toendureit;severityofthedistressisanelementof
thecauseofaction,notsimplyamatterofdamages.
4. Invasion of privacy is likewise an
offenseinspeciallawssuchasthe:
Theplaintiffcannotrecovermerelybecauseofhurt
feelings.Liabilitycannotbeextendedtoeverytrivial
i. antiwiretappinglaw;and
indignity.Theplaintiffmustnecessarilybeexpected ii. secrecy of bank deposits
andrequiredtobehardenedtoacertainamountof act;and
rough language, and to acts that are definitely
inconsiderateandunkind. 5. The Rules of Court provisions on
privilegedcommunication.
Q: Distinguish emotional distress from
defamation. Q: What is the standard to be applied in
determining the existence of a violation of the
A:Anemotionaldistresstortactionispersonalin righttoprivacy?
nature.Itisacivilactionfiledbyanindividualto
assuage the injuries to his emotional tranquility A: The right to privacy is not a guaranty to
duetopersonalattacksonhischaracter. hermitic seclusion. The standard to be applied is
that of a person of ordinary sensibilities. It is
Emotional distress properly belongs to the relativetothecustomsofthetimeandplace,and
reactiveharmprinciplewhiledefamationcallsfor isdeterminedbythenormofanordinaryperson.
theapplicationoftherelationalharmprinciple.
NOTE: The essence of privacy is the right to be let
NOTE:Theprincipleofrelationalharmincludesharm alone.
tosocialrelationshipsinthecommunityintheform
ofdefamationasdistinguishedfromtheprincipleof Q: What is thetwopart test in determining the
reactive harm which includes injuries to individual reasonableness of a persons expectation of
emotionaltranquility. privacy?

Q: What is the so called parasitic damage for A:
emotionaldistress? 1. Whether by his conduct, the individual
hasexhibitedanexpectationofprivacy;
A: These are damages which depend on the and
existenceofanothertort. 2. Whether this expectation is one that
societyrecognizesasreasonable.
D.VIOLATIONOFPRIVACY
Q: What are the four general classes of tort
Q:WhatarethezonesofprivacyundertheNCC, actionsforinvasionofprivacy?
RPC,RulesofCourt,andspeciallaws?
A:
A: 1. appropriation;
1. That every person shall respect the 2. intrusion;
dignity,personality,privacyandpeace 3. publicdisclosureofprivatefacts;and
of mind of his neighbors and other 4. falselightinthepubliceye
persons and any act of a person of
meddling and prying into the privacy (1)APPROPRIATION
of another is punishable as an
actionablewrong; Q:Whatisappropriation?

2. That a public officer or employee or A:Itconsistsofappropriation,forthedefendants
anyprivateindividualshallbeliablefor benefit or advantage, of the plaintiffs name or
damagesforanyviolationoftherights likeness.
and liberties of another person, and
recognizes the privacy of letters and
otherprivatecommunications;
519

Q:Whatdoesthistortprotect? Intrusionandpublicrecords:

A: The tort of commercial appropriation of Generally , there is no intrusion into the right of
likenesshasbeenheldtoprotectvariousaspects privacy of another if the information sought are
of an individuals identity from commercial mattersofpublicrecord.Thisisespeciallytruein
exploitation: case the persons who are invoking the right to
privacy are public officers and the matter
1. name involvedisofpublicconcern.
2. likeness
3. achievements However, if the matter sought to be revealed
4. identifyingcharacteristics doesnotinvolveanythingofpublicconcern,there
5. actualperformances canbeaviolationortherighttoprivacy.
6. fictitious characters created by a
performer (3)PUBLICDISCLOSUREOFPRIVATEFACTS
7. phrases and other things associated
withanindividual. Q:Whatispublicdisclosureofprivatefacts?

(2)INTRUSION A: Consists of a cause of action in publicity, of a
highly objectionable kind, given to private
Q:Whatisintrusion? information about the plaintiff, even though it is
trueandnoactionwouldliefordefamation.
A: Consists in the intrusion upon the plaintiffs
solitudeorseclusion. Q:Whatisviolatedinpublicdisclosureofprivate
Itincludes: facts?
1. pryingintotheprivacyofoneshome;
2. invadinghishome; A:Theinterestsoughttobeprotectedistheright
3. invading ones privacy by looking from to be free from unwarranted publicity, from the
outside; wrongful publicizing of the private affairs and
4. eavesdropping;or activities of an individual which are outside the
5. persistent and unwanted telephone realmoflegitimateconcern.
calls.
Q:Whataretheelementsofpublicdisclosureof
NOTE:Thetortofintrusionuponapersonssolitude privatefacts?
protects a persons sense of locational and
psychologicalprivacy. A:
1. theremustbeapublicdisclosure;
Intrusioninpublicplaces: 2. the facts disclosed must be a private
fact;
Generally, there is no invasion of the right to 3. the matter be one which would be
privacy when a journalist records, photographs, offensive and objectionable to a
or writes about something that occurs in public reasonable person of ordinary
places. sensibilities.

However, while merely watching a person in Q:Whoisapublicfigure?
public places is not a violation, one does not
automatically make public everything that he A: a person who, by his accomplishments, fame
does in public. It should not be tantamount to ormodeofliving,orbyadoptingaprofessionor
harassmentoroverzealousshadowing. callingwhichgivesthepublicalegitimateinterest
in his doings, his affairs, and his character, has
This protection is not limited to public figures. becomeapublicpersonage
Everyoneisprotected.
Q: Is it a tortuous conduct for one to publish
Intrusionandadministrativeinvestigation: factsderivedfromofficialproceedings?

There is no intrusion when an employer A: If the facts published are not declared by law
investigates its employee or when a school tobeconfidential,itisnottortuous.
investigates its student. In the latter case, the
investigation may cover an alleged offense
committedoutsidetheschoolpremises.
520
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TORTS AND DAMAGES
Q: Is a governmental agency or officer tasked RE:Malice:Thepresenceofprobablecausesignifies,

with,andactingin,thedischargeofpublicduties as a legal consequence, the absence of malice.The
vestedwitharighttoprivacy? absenceofmalice,therefore,involvesgoodfaithon
thepartofthedefendant.Thisgoodfaithmayeven
A:No,saidrightbelongsonlytoindividualsacting bebasedonmistakeoflaw.
inaprivatecapacity.
Re: Acquittal: Acquittal presupposes that a criminal
information is filed on court and final judgment is
(4)FALSELIGHTINTHEPUBLICEYE
rendereddismissingthecaseagainsttheaccused.It
is not enough that the plaintiff is discharged on a

Q:Whatisfalselightinthepubliceye? writ of habeas corpus and granted bail. Such
discharge is not considered the termination of the
A:Itisatortcommittedbyputtingapersonina action contemplated to warrant the institution of a
false light before the public. It is a non maliciousprosecutionsuitagainstthoseresponsible
defamatoryfalsehoodinthatafalseimpressionis forthefilingoftheinformationagainsthim.
conveyed.
Nevertheless,itisbelievedthatprioracquittalmay
Q: What is the interest to be protected in this includedismissalbytheprosecutorafterpreliminary
tort? investigation.

A:Theinteresttobeprotectedinthistortisthe Q: What are the elements of malicious
interest of the individual in not being made to prosecution?
appearbeforethepublicinanobjectionablefalse
lightorfalseposition. A:Incriminalcases:

Q: How is false light in the public eye different 1. the fact of the prosecution and the
fromdefamation? further fact that the defendant was
himself the prosecutor, and that the
A:Infalselight,thegravamenoftheclaimisnot action was terminated with an
reputationalharmbutrathertheembarrassment acquittal;
of a person in being made into something he is 2. that in bringing the action, the
not. prosecutor acted without probable
cause;
Publicationindefamationissatisfiedifaletteris 3. the prosecutor was actuated or
sent to a third person; while in false light cases, impelled by legal malice. (Yasona v.
thestatementshouldbeactuallymadepublic. Ramos,G.R.156339,Oct.6,2004)

In defamation, what is published lowers the Note: the term prosecutor includes the
esteeminwhichtheplaintiffisheld.Infalselight complainant who initiated the case; the prosecutor
cases,thedefendantmaystillbeheldliableeven himself; any other public officer authorized to file
if the statements tell something good about the andprosecutethecriminalcase.
plaintiff.
Mere witnesses are not included, but are liable for
falsetestimonyorperjuryfortheirfalsehoods.
E.DISTURBANCEOFPEACEOFMIND

Incivilcases:
SeeEmotionalDistress. 1. the defendant filed a civil action against
theplaintiffpreviously;
F.MALICIOUSPROSECUTION 2. the actionwas dismissed for clear lack of
merit or for being baseless, unfounded,
Q: What is a tort action for malicious andmalicious;
prosecution? 3. the defendant who filed the previous
complaintasplaintiffwasmotivatedbyill
A: It is an action for damages brought by one willorsinisterdesign;
against another whom a a criminal prosecution, 4. the present plaintiff suffered injury or
civil suit, or other legal proceedings has been damage by reason of the previous
instituted maliciously and without probable complaintfiledagainsthim.
cause,aftertheterminationofsuchprosecution,
suitorproceedinginfavorofdefendanttherein.
Note:Maliceandprobablecausemustconcur.
521

Q: When is an action for malicious prosecution phonograph, painting or theatrical or
premature? cinematographicexhibition,oranysimilarmeans.

A:Iftheactionfiledbyapartyisstillpendingtrial, Q:Whatisslander?
thefilingbythedefendantofanactionbasedon
malicious prosecution anchored on the first case A:Anoraldefamation.
is premature. Its dismissal is in order. (Pineda,
2004citingCabacunganv.Corrales,95PHIL919) Q:Whatisslanderbydeed?

Q: Is there liability for malicious prosecution in A: It is a crime committed by any person who
caseasuitisunsuccessful? performs an act that costs dishonor, discredit or
contempt upon the offended party in the
A:None.Themerefilingofasuitdoesnotrender presenceofotherpersonorpersons.
theplaintiffliableformaliciousprosectionshould
he be unsuccessful. Persons should have free Q: Is the imputation of criminal intention
resort to the courts. The law does not impose a libelous?
penaltyontherighttolitigate.(Pineda,2004)
A:No,becauseintenttocommitacrimeisnota
Note:However,therepeatedfilingofacomplaintall violationoflaw.
of which were dismissed, shows malicious
prosecution entitling the injured party to an award (1)DEFENSES
of moral damages. (Pineda, 2004 citing Hawpia v.
CA,20SCRA536) (A)ABSENCEOFELEMENTS

G.DEFAMATION Q: Is the allegation that the offender merely
expresses his opinion or belief a defense in
Q:Whatisdefamationandwhatdoesitcover? defamationcases?

A: Defamation is tarnishing the reputation of Inordertoescapecriminalresponsibility,itisnot
someone;Itisapublicandmaliciousimputation enoughfortheoffendertosaythatheexpresses
of a crime, or of a vice or defect, real or therein no more than his opinion or belief. The
imaginary,oranyact,omission,condition,status, communication must be made in the
or circumstance tending to cause the dishonor, performanceofalegal,moral,orsocialduty.
discredit, or contempt of a natural or juridical
person,ortoblackenthememoryofonewho is Q: What is retraction and what is its effect as
dead. (Art. 353, RPC). It has two regardsliabilityfordefamation?
varieties,slanderandlibel.
A: When a periodical gives currency, whether
Note: Actual damages need not be proved, at least innocently or otherwise, to a false and
wherethepublicationislibelousperse,orwherethe defamatory statement concerning any person, it
amountofdamagesismoreorlessnominal.
isunderbothalegalandmoraldutytocheckthe

propagation of such statement as soon as
Q: What are the elements of defamation as a
practicablebypublishingaretraction.
basisfortortliability?

Retraction may mitigate the damages provided
A:
thatitcontainsanadmissionofthefalsityofthe
1. Defamatorylanguage;
libelous publication and evincea desire to repair
2. oforconcerningtheplaintiff;
thewrongoccasionedthereby.
3. Publication thereof by defendant to a

thirdperson;and
Q: What is the effect if the publication was by
4. Damagetoplaintiff'sreputation.
reasonofanhonestmistake?

Note: Publication is the communication of the
A: It only serves to mitigate liability where the
defamatorymattertosomethirdpersonorpersons.
articleislibelousperse.

Q:Whatislibel?

A: it is a defamation committed by means of

writing, printing, lithography, engraving, radio,
522
CIVILLAWTEAM:

TORTS AND DAMAGES
(B)PRIVILEGE consistentwiththeemployersrighttoprotecthis
interest in seeing to it that his employees are
Q:Ifthedefamatoryimputationsweremadeina performing their jobs with honesty, integrity and
privileged communication, is there liability goodfaith.
therefor?
However, such exercise of the right to terminate
A:None.Anabsolutelyprivilegedcommunication must be consistent with the general principles
is one for which, by reason of the occasion on provided for under articles 19 and 21, NCC. If
which it is made, no remedy is provided for the thereisnoncompliancewithsaidprovisions,the
damagesinacivilactionforslanderorlibel. employer may be held liable for damages. The
right to dismiss an employee should not be
H.FRAUDORMISREPRESENTATION(FORMERLY confused with the manner in which the right is
DECEIT) exercised and the effects flowing therefrom. If
thedismissalisdoneantisociallyoroppressively
Q:Whataretheelementsofmisrepresentation then the employer should be deemed to have
intortscases? violatedarticle1701,NCC(whichprohibitsactsof
oppression by either capital or labor against the
A: other)andarticle21.
1. Affirmative misrepresentation of a
materialfact; An employer may be held liable for damages if
2. Defendant knew that statement being the manner of dismissing the employee is
madewasfalse; contrary to morals, good customs and public
3. Intent; policy. This may be done by false imputation of
4. Causation; misdeedtojustifydismissaloranysimilarmanner
5. Justifiablereliance;and ofdismissalwhichisdoneabusively.
6. Damages
C.INTERFERENCEWITHRELATIONS
I.SEDUCTION
1.GENERAL
Q: When is a defendant liable for damages in
caseofseduction? A.CONCEPT

A:Seduction,byitself,isanactwhichiscontrary B.KINDS
to morals, good customs and public policy. The
defendant is liable if he employed deceit, Q:Whatarethefourkindsofinterference?
enticement, superior power or abuse of
confidence in successfully having sexual A:Interferencewith:
intercoursewithanother.
1. Familyrelations;
Note: There is liability even if there isno breachof 2. Socialrelations;
promisetomarry. 3. Economicrelations;and
4. Politicalrelations.
Q:Whatisincludedinsexualassault?
2.FAMILYRELATIONS
A:Thedefendantwouldbeliableforallformsof
sexual assault. These include rape, acts of A.ALIENATIONOFAFFECTION
lasciviousnessandseduction.
Q:Whatisalienationofaffection?
NOTE: Gender is immaterial in seduction and
sexualassault. A: This consists of depriving one spouse of the
affection,society,companionshipandcomfortof
J.UNJUSTDISMISSAL theother.(Aquino,T.,TortsandDamages,2005,
SecondEd.,p.480)
Q:Whatistheruleondismissalofemployees?
Note: The Family Code imposes on the spouses
A:Itisabasicrulethatanemployerhasarightto the obligation to live together, observe mutual
dismiss an employee in the manner and on the love,respectandfidelity,andrendermutualhelp
grounds provided for under the NCC. If the and support. (Article 68) Interference with such
dismissal is for a valid cause, his dismissal is
523

may result in the tort liability of alienation of even if it results in separation, does not give the
affection. injuredpartyarightofaction.

The gist of the tort is an interference with one In such case, malice must be established and it
spouses mental attitude toward the other and must appear that the defendants acts were the
the conjugal kindness of marital relations controllingcauseofthelossofaffection.
resultinginsomeactualconductwhichmaterially
affectsit. B.LOSSOFCONSORTIUM

Q: In general, what is the scope of the tort Q:Whatislossofconsortium?
alienationofaffections?
A:Aspousehasalegalobligationtolivewithhis
A:Itextendstoallcasesofwrongfulinterference orherspouse.Ifaspousedoesnotperformhisor
inthefamilyaffairsofotherswherebyonespouse her duty to the other, he may be held liable for
isinducedtoleavetheotherspouseortoconduct damages for such omission because the same is
himselforherselfinamannerthatthecomfortof contrarytolaw,moralsandgoodcustoms.
marriedlifeisdestroyed.
Moral damages were awarded because of the
Q: Who may be liable for alienation of wifes refusal to perform her wifely duties, her
affections? denial of consortium and desertion of her
husband.Heractsconstituteawillfulinflictionof
A: The defendant who purposely entices the injury upon her husbands feelings in a manner
spouse of another, to alienate his or her contrarytomorals,goodcustomsorpublicpolicy.
affectionswithhisorherspouse,evenifthereare (Tenchaves v. Escao, G.R. No. L19671, July 26,
no sexual intimacies is liable for damages under 1966)
thisarticle.Likewise,apersonwhopreventedthe
reconciliationofspousesaftertheirseparationis C.CRIMINALCONVERSATION(ADULTERY)
liableforalienationofaffections.
Q:Whenisadulterycommitted?
Note:Itisnotnecessarythatthereisadulteryorthe
spouseisdeprivedofhouseholdservices. A:Adulteryiscommittedbyanymarriedwoman
whoshallhavesexualintercoursewithamannot
Q: What are some cases where there is no tort her husband and by the man who has carnal
liabilityforalienationofaffections? knowledge of her knowing her to be married,
even if the marriage was subsequently declared
A: void.(Art.333,RPC)
1. A woman cannot be made liable for
alienation of the affections of the Note:Concubinageiscommittedbyahusbandwho
husband (of another woman) for being shall:
merely the object of the affections of 1. keepamistressintheconjugaldwelling;
said husband. To be liable, she must 2. have sexual intercourse with her, under
have done some active acts calculated scandalous circumstances, with a woman
to alienate the affections of the nothiswife;or
husband. She must, in a sense, be the 3. cohabit with her in any other place. (Art.
pursuer,notmerelythepursued; 334,RPC)
2. A prostitute is not liable for alienation
Liability for adultery or concubinage based on the
of affections of the husband for having
law on torts: not only moral damages but also for
sexual intimacies with him ona chance
otherappropriatedamages.
occasion.
3. When there is no more affection to Nomoraldamagesisdueincaseofbigamy.
alienate.

Q: May parents be liable for alienation of
affections?

A:Yes.However,parentsarepresumedtoactfor
thebestinterestoftheirchild.Thelawrecognizes
the right of a parent to advise his/her child and
when such advise is given in good faith, the act,
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TORTS AND DAMAGES
3.SOCIALRELATIONS Q:Whatistheextentandnatureoftheliability
oftheintermeddler?
A.MEDDLINGWITHORDISTURBINGFAMILY
RELATIONS A:Hisliabilityissolidaryandcannotbemorethan
the liability that will be incurred by the party in
SeeInterferencewithfamilyrelations. whose behalf he intermeddled. Otherwise, that
willresultininjusticeandunfairness.
B.INTRIGUINGTOCAUSEANOTHERTOBE
ALIENATEDFROMHISFRIENDS Q: Is malice essential to make the intermeddler
liable?
Q:Whomaybeheldliableforthetortintriguing
to cause another to be alienated from his A:
friends? GR:Yes.
XPN: If the intention of the intermeddler is
A: A person who committed affirmative acts honest and laudable such as when the
intendedtoalienatetheexistingfriendshipofone interference is intended to protect the
with his friends is liable for damages. (Pineda, contracting party he is intermeddling for,
2004) fromdangertohislifeorproperty,heshould
not be made liable for damages for the
4.ECONOMICRELATIONS breachofthecontract.

A.INTERFERENCEWITHCONTRACTUAL B.UNFAIRCOMPETITION
RELATIONS
Q:Whatisincludedinunfaircompetition?
Q:Whatisinterferencewithcontract?
A: Art. 28, NCC provides for unfair competition
A: Any third person who induces another to whichincludes:
violatehiscontractshallbeliablefordamagesto 1. Passing off or disparagement of
theothercontractingparties.(Art.1314,NCC) products
2. Interferencewithcontractualrelations
Q:Whyisinterferencewithcontracttortuous? 3. Interference with prospective
advantage
A:Suchinterferenceistortiousbecauseitviolates 4. Fraudulent misappropriation against a
the right of the contracting parties to fulfill the competition
contractandtohaveitfulfilled,toreaptheprofits 5. Monopoliesandpredatorypricing
resulting therefrom, and to compel the
performancebytheotherparty. Q:Whatispredatorypricing?

Q: What are the elements of interference to A: It is a practice of selling below costs in the
contractualrealation? short run in the hope of obtaining monopoly
gainslater,afterdrivingthecompetitionfromthe
A: market.
1. existenceofavalidcontract;
2. knowledge on the part of the third 5.POLITICALRELATIONS
personoftheexistenceofthecontract;
3. interferenceofthethirdpersonwithout A.VIOLATIONOFRIGHTTOSUFFRAGE(NCC,
legaljustificationorexcuse. ART.32)

Q: What is interference with prospective Q: What is the rule in case of violation of the
advantage? righttosuffrage?

A:Ifthereisnocontractyetandthedefendantis A: Under Article 32 NCC, any public officer or
onlybeingsuedforinducinganothernottoenter employee,oranyprivateindividual,whodirectly
into a contract with the plaintiff, the tort orindirectlyobstructs,defeats,violatesorinany
committed is appropriately called interference manner impedes or impairs any of the following
withprospectiveadvantage. rights and liberties of another person shall be
liabletothelatterfordamages:
xxx(5)Freedomofsuffrage;(Art.32,NCC)
525

B.VIOLATIONOFOTHERPOLITICALRIGHTS 2. In determining whether plaintiff
(FREEDOMOFSPEECH,PRESS,ASSEMBLYAND consented, defendant must reasonably
PETITION,ETC.) interpret her overt act and
manifestationsofherfeelings.
SeeViolationofConstitutionalRights
Note: The defendants subjective state is
6.DEFENSES basedontheplaintiffsobjectiveactions.

A.ABSENCEOFELEMENT 3. Plaintiff has burden of proof to show
intent to commit the act, lack of
Q:Whatisthedefenseoninterference? consent,andharm.

A: The defendants are free from liability if they Q: Is consent a defense if the plaintiff or
canprovethatatthetimeofthecommission,the offendedpartyisaminor?
plaintiff knew of the act of interference or
omission. A: No. For one to surrender the right to be free
fromintentionalinterferencebyothers,onemust
B.PRIVILEGE have the mental capacity to consent. Defendant
canbeliabledespitethefactthattheplaintiffwas
Q: What is the defense of privilege in torts subjectively willing and communicated that
cases? willingnesstothedefendant.

A:Tosaythatanactisprivilegedconnotesthat NOTE: In common law countries, most courts have
theactorowesnolegaldutytorefrainfromsuch applied statutory rape statutes in civil cases
contact. regardless of proof that the plaintiff was able to
understand the consequences of her act and
Q: Distinguish consensual and nonconsensual consent.
privilege.
Q: When is consent not necessary in order to
A: Consensual privileges depend on the plaintiff absolve one from the injuries he caused to
agreeing to the defendants otherwise tortious another?
act.Ontheotherhand,nonconsensualprivileges
shield the defendant from liability for otherwise A: Conduct that injures another does not make
tortious conduct even if the plaintiff objects to the actor liable to the other, even though the
thedefendantsconduct. otherhasnotconsentedtoitif:
1. an emergency makes it necessary or
1.CONSENT apparently necessary to act before
there is opportunity to obtain consent
Q:Whenisconsentadefenseintortscasesand or one empowered to consent for him,
whatisitsbasis? and
2. theactorhasnoreasontobelievethat
A:Typically,onecannotholdanotherliableintort theotherwoulddecline.
for actions to which one has consented. This is
frequentlysummarizedbythephrase"volentinon Q: What is the rule if consent is procured by
fitinjuria"(Latin:"toawillingperson,noinjuryis fraudorduress?
done" or "no injury is done to a person who
consents"). It operates when the claimant either A: Consent will not shield the defendant from
expresslyorimplicitlyconsentstotheriskofloss liability if it is procured by means of fraud or
ordamage. duress.

Note: Courts invalidate consent procured by duress
Note: Consent is willingness in fact for the conduct
tooccur. when defendants threatentheplaintiff or plaintiffs
lovedoneswithphysicalharm.

Q:Whataresomerulesindeterminingwhether
consentispresentasadefense?

A:
1. It need not be communicated to the
defendant.
526
CIVILLAWTEAM:

TORTS AND DAMAGES
2.SELFDEFENSEANDDEFENSEOFOTHERS Note: A party claiming selfdefense must prove not

only that he acted honestly in using force, but that
SELFDEFENSE his fears were reasonable under the circumstances,
andthemeansofselfdefensewerereasonable.
Q:Whyisselfdefenseadefenseintortcases?
DEFENSEOFOTHERS
A:Anactorisprivilegedtousereasonableforce,
not intended or likely to cause death or serious Q:Isapersonprotectingatotalstrangerliable?
bodily harm, to defend himself against
unprivileged harmful contract which he A: The selfdefense privilege extends to
reasonably believes that another is about to protectingtotalstrangersaswell.
inflict.
Q:Maytheinterveneruseanymeansoramount
Q: When is an actor privileged to defend offorceindefendingtheother?
himself?
A: No. The force that may be used by an
A:Anactorisprivilegedtodefendhimselfagainst intervener to repel an attack on another is
another by force likely to cause death or serious measured by the force that the other could
bodilyharmwhenhereasonablybelievesthat: lawfullyuse.

1. theotherisabouttoinflictuponhiman Q:Whatistheconsequenceofamistakeonthe
intentionalcontactand partoftheintervener?
2. he is thereby put in peril of death or
seriousbodilyharmwhichcansafelybe A: If the intervener is mistaken, even reasonably
prevented only by immediate use of mistaken, the privilege is unavailable if it would
suchforce. notbeavailabletothepersontobeprotected.

NOTE:Courtrequiresobjectiveandsubjectivebelief NOTE: The interveners mistake need only be
(reasonablepersoncouldhaveseenthesituationas reasonable;thereisnoneedtoshowthatthevictim
dangerous and subject believed that he was in alsohadtheprivilegetodefendhimself.
danger).
3.DEFENSEOFPROPERTY
Q:Whendoestheprivilegeofselfdefenseexist
andwhendoesitnotexist? Q: Up to what extent is an actor privileged to
defendhispropertyfromintrusions?
A: The privilege exists even if the actor believes
hecanavoiddefendinghimselfby: A:Anactorisprivilegedtousereasonableforce,
1. retreatingwithinhisdwellingplace,or not intended or likely to cause death or serious
2. permittingtheothertointrudeuponhis bodily harm, to prevent or terminate anothers
dwellingplace,or intrusionupontheactorslandif:
3. abandoning an attempt to effect a 1. theintrusionisnotprivileged;
lawfularrest. 2. the actor reasonably believes that the
intrusion can be prevented only by the
The privilege does not exist if the actor believes forceused;and
thathecanavoiddefendinghimselfby: 3. the actor has first requested the other
1. retreating in any place other than his to desist or the actor believes such
dwellingplaceor request will be useless or substantial
2. relinquishing the exercise of any right harm will be done before it can be
other than his privilege to prevent made.
intrusionontohisdwellingplace.
Note:Theintentionalinflictionwhichisintendedor
Q: May the actor use any means in order to likelytocausedeathorseriousbodilyharm,forthe
defendhimself? purpose of preventing or terminating the others
intrusion upon the actors possession of land, is
privileged only if the actor reasonably believes that
A:Theactorisnotprivilegedtouseanymeansof
theintruderislikelytocausedeathorseriousbodily
selfdefensewhichisintendedorlikelytocausea
harm.
bodily harm in excess of that which the actor
correctly or reasonably believes to be necessary
forhisprotection.
527

4.NECESSITY 5.AUTHORITYOFLAW

Theownerorlawfulpossessorofathinghasthe C.PRESCRIPTION
righttoexcludeanypersonfromtheenjoyment
and disposal thereof. For this purpose, he may SeeDefenses;Prescription
use such force as may be reasonably necessary
to repel or prevent an actual or threatened D.WAIVER
unlawful physical invasion or usurpation of his
property.(Art.429,NCC) SeePersons:WaiverofRights

Q: Is the owners right provided for in the said E.FORCEMAJEURE
articleanabsoluteright?
Q:Whatarethetwogeneralcausesoffortuitous
A: No. In the following instances, this right may events?
notbeinvokedbytheowner:
A:
1. Onemaysacrificethepersonalproperty 1. Bynature,suchasearthquakes,storms,
ofanothertosavehislifeorthelivesof floods,epidemics,fires,etc.;and
hisfellows; 2. By the act of man, such as an armed
2. One is privileged by necessity to invasion, attack by bandits,
trespass when there is a serious threat governmental prohibitions, robbery,
to life and no other lifesaving option is etc.
available;and
3. The owner of property may not eject a Q: What are the essential characteristics of
trespasser if the trespasser requires fortuitousevent?
entry to protest himself and his
propertyfromharm. A:
1. The cause of the unforeseen and
Note: In these instances, intrusion is said to be unexpectedoccurrence,orofthefailure
privileged. of the debtor to comply with his
obligation,mustbeindependentofthe
Thenecessityprivilegetoenterthelandofanother humanwill;
in order to avoid serious harm is coupled with an 2. It must be impossible to foresee the
obligation on the part of the entrant to pay for event which constitutes the caso
whateverharmhecaused. fortuito,orifitcanbeforeseen,itmust
beimpossibletoavoid;
MISCELLANEOUSPRIVILEGES 3. The occurrence must be such as to
render it impossible for the debtor to
Q: What are the miscellaneous or other fulfillhisobligationinanormalmanner;
privileges in connection with necessity as a and
defense? 4. The obligor must be free from any
participation in the aggravation of the
A: injuryresultingtothecreditor.
1. To at least some extent, teachers and
parentsareexemptfrombatteryclaims Q:Whenisthereliabilityfordamagescausedby
broughtonbehalfofchildrentheyhave fortuitousevents?
physicallydisciplined;
2. Other privileges include those relating A: As an exception to the general rule that a
to the arrest of lawbreakers and the person is not liable if the cause of the damage
prevention of crime, the enforcement was an event which could not be foreseen or
ofmilitaryorders,andtherecaptureof which though foreseen was inevitable
landandpossessions. (fortuitous), if the negligence of the defendant
concurredwiththefortuitouseventorresultedin
Note: The reasonableness of the actors perception
the aggravation of the injury to the plaintiff, he
of the need to use force, as well as the
willbeliableeveniftherewasafortuitousevent.
reasonableness of the harm actually inflicted, are
typicallythetouchstonesuponwhichtheavailability

oftheprivilegeturns. Ifuponthehappeningofafortuitouseventofan
actofGod,thereconcursacorrespondingfraud,
528
CIVILLAWTEAM:

TORTS AND DAMAGES
negligence,delayorviolationorcontraventionof 3. Social Value or Utility of Action Any

the tenor of the obligation as provided for in act subjecting an innocent person to
Article 1170, NCC, which results in loss or unnecessaryriskisanegligentactifthe
damage,theobligorcannotescapeliability. risk outweighs the advantage accruing
to the actor and even to the innocent
personhimself.
VIII.NEGLIGENCE
4. Time of the day May affect the
A.CONCEPT diligence required of the actor (Art.
1173); e.g. a driver is required to
Q:Whatisnegligence? exercisemoreprudencewhendrivingat
night
A:Theomissionofthatdegreeofdiligencewhich
is required by the nature of the obligation and 5. Gravity of the Harm to be Avoided
corresponding to the circumstances of the Eveniftheoddsthataninjurywillresult
persons,ofthetimeandplace.(Art.1173,NCC) are not high, harm may still be
considered foreseeable if the gravity of
Q:Whatisthetestofnegligence? harmtobeavoidedisgreat.
6. Alternative Cause of Action If the
A: The test is: Would a prudent man, in the alternativepresentedtotheactoristoo
position of the tortfeasor, foresee harm to the costly, the harm that may result may
person injured as a reasonable consequence of still be considered unforeseeable to a
the course about to be pursued? If so, the law reasonable man. More so if there is no
imposes a duty on the actor to take precaution alternativethereto.
against its mischievous results, and failure to do
so constitutes negligence. (Picart v. Smith, G.R. 7. Place A man who should occasion to
No.L12219,Mar.15,1918.) discharge a gun on an open and
extensivemarsh,orinaforestwouldbe
Q: What are the degrees of negligence? requiredtouselesscircumspectionand
Distinguish. care, then if he were to do the same
thing in an inhabited town, village or
A: city.
1. Simple negligence want of slight care
anddiligenceonly 8. ViolationofRulesandStatutes
a. Statutes
2. Gross negligence there is a glaringly b. AdministrativeRules
obvious want of diligence and implies c. PrivateRulesofConduct
conscious indifference to
consequences; pursuing a course of 9. PracticeandCustomApracticewhich
conduct which would probably and isdangeroustohumanlifecannotripen
naturallyresulttoinjury;utterdisregard intoacustomwhichwillprotectanyone
oftheconsequences who follows it (Yamada v. Manila
Railroad,G.R.No.10073,Dec.24,1915).

Q:Whatarethecircumstancestobeconsidered Q:Willintoxicationsignifynegligence?
indeterminingwhetheranactisnegligent?
A:
A: GR:Mereintoxicationisnotnegligenceperse
1. Person Exposed to the Risk A higher nor establishes want of ordinary care. But it
degree of diligence is required if the may be one of the circumstances to be
personinvolvedisachild. considered to prove negligence. (Wright v.
ManilaElectricRailroad&LightCo.,GRNo.L
2. EmergencyTheactorconfrontedwith 7760,Oct.1,1914)
an emergency is not to be held up to
the standard of conduct normally XPN: It is presumed that a person driving a
applied to an individual who is in no motorvehicleisnegligentifatthetimeofthe
suchsituation. mishap, he was violating traffic regulations.
(Art.2185)
529

Q:Whatiscontributorynegligence? Q. Does the standard of conduct applied to
adultsapplyequallytochildren?
A: It is conduct on the part of the injured party,
contributing as a legal cause to the harm he has A.
suffered,whichfallsbelowthestandardtowhich GR: The action of a child will not necessarily
heisrequiredtoconformforhisownprotection be judged according to the standard of an
(Valenzuelav.CA,G.R.No.115024,Feb.7,1996). adult.
XPN: If the minor is mature enough to
Q: What is the doctrine of comparative understand and appreciate the nature and
negligence? consequencesofhisactions.Insuchacase,he
shallbeconsideredtohavebeennegligent.
A: The negligence of both the plaintiff and the
defendant are compared for the purpose of Note:R.A.9344(JuvenileJusticeandWelfareActof
reaching an equitable apportionment of their 2006):15yearsofageoryoungerageofabsolute
respective liabilities for the damages caused and irresponsibility.
sufferedbytheplaintiff.(Pineda,p.50,2009ed.)
Note: The relative degree of negligence of the Nevertheless, absence of negligence does not
partiesisconsideredindeterminingwhether,and absolutely excuse the child from liability, as his
properties,ifany,canbeheldsubsidiarilyliable.Nor
to what degree, either should be responsible for
will such absence of negligence excuse the childs
hisnegligence(apportionmentofdamages).
parentsvicariousliability.

Q:Whatisdiligencebeforethefact?
B.GOODFATHEROFAFAMILYORREASONABLY

PRUDENTMAN
A: The conduct that should be examined in

negligencecasesispriorconductorconductprior
Q: What is the concept of a good father of the
totheinjurythatresultedor,inpropercases,the
family(paterfamilias)?
aggravationthereof.

A:TheSupremeCourtdescribedagoodfatherof

afamilybyfirststatingwhoisnot.Heisnotandis

not supposed to be omniscient of the future;

rather, he is one who takes precautions against

anyharmwhenthereissomethingbeforehimto

suggestorwarnhimofthedangerortoforeseeit

(Picartv.Smith,G.R.No.L12406,Mar.15,1918).

Note: A good father of a family is likewise referred

to as the reasonable man, man of ordinary
intelligence and prudence, or ordinary reasonable

prudent man. In English law, he is sometimes
referred to as the man on top of a Clapham
omnibus.(Aquino,2005)

Q:Whatisthetestofnegligence?

A: The test is: Would a prudent man, in the
position of the tortfeasor, foresee harm to the
person injured as a reasonable consequence of
the course about to be pursued? If so, the law
imposes a duty on the actor to take precaution
against its mischievous results, and failure to do
so constitutes negligence. (Picart v. Smith, G.R.
No.L12219,Mar.15,1918.)

530
CIVILLAWTEAM:

TORTS AND DAMAGES
C.STANDARDOFCARE

STANDARDOFCONDUCTorDEGREEOFCAREREQUIRED
InGeneral
If the law or contract does not state the diligence which is to be observed in the performance, that which is
expectedofagoodfatherofafamilyshallberequired(Article1173,2ndparagraph,NCC).
Note:DiligenceofagoodfatherofafamilybonospaterfamiliasAreasonablemanisdeemedtohaveknowledgeofthefactsthat
amanshouldbeexpectedtoknowbasedonordinaryhumanexperience.(PNRv.IAC,GRNo.7054,Jan.22,1993)
PersonswhohavePhysicalDisability
GR:Aweakoraccidentpronepersonmustcomeuptothestandardofareasonableman,otherwise,hewillbe
consideredasnegligent.
XPN:Ifthedefectamountstoarealdisability,thestandardofconductisthatofareasonablepersonunderlike
disability.
ExpertsandProfessionals
GR:Theyshouldexhibitthecaseandskillofonewhoisordinarilyskilledintheparticularfieldthatheisin.

Note:Thisruledoesnotapplysolelyorexclusivelytoprofessionalswhohaveundergoneformaleducation.

XPN:Whentheactivity,byitsverynature,requirestheexerciseofahigherdegreeofdiligence
e.g.Banks;Commoncarriers
InsanePersons
ThesameruleappliesundertheNewCivilCode.Theinsanityofapersondoesnotexcusehimorhisguardianform
liability based on quasidelict. (Arts. 2180 and 2182, NCC). This means that the act or omission of the person
sufferingfrommentaldefectwillbejudgedusingthestandardtestofareasonableman.
Thebasesforholdingapermanentlyinsanepersonliableforhistortsareasfollows:
Whereoneoftwoinnocentpersonmustsufferalossitshouldbebornebytheonewhooccasionedit;
Toinducethoseinterestedintheestateoftheinsaneperson(ifhehasone)torestrainandcontrolhim;and
Thefearthataninsanitydefensewouldleadtofalseclaimsofinsanitytoavoidliability.(Bruenigv.American
FamilyInsuranceCo.,173N.W.2d619[1970]).
Note:UndertheRPC,aninsanepersonisexemptfromcriminalliability.However,byexpressprovisionoflaw,theremaybecivil
liabilityevenwhentheactorisexemptfromcriminalliability.Aninsanepersonisstillliablewithhispropertyfortheconsequences
ofhisacts,thoughtheyperformedunwittingly.(USv.Baggay,Jr.G.R.No.6706,Sept.1,1911)
Employers
ThatdegreeofcareasmandatedbytheLaborCodeorothermandatoryprovisionsforpropermaintenanceofthe
workplaceoradequatefacilitiestoensurethesafetyoftheemployees.
Note:Failureoftheemployertocomplywithmandatoryprovisionsmaybeconsiderednegligenceperse.
Employees
Employeesareboundtoexerciseduecareintheperformanceoftheirfunctionsfortheemployers.Liabilitymaybe
basedonnegligencecommittedwhileintheperformanceofthedutiesoftheemployee(Aranetav.DeJoya,G.R.
No.83491,Aug.27,1990)
Owners,ProprietorsandPossessorsofProperty
GR:Theownerhasnodutytotakereasonablecaretowardsatrespasserforhisprotectionoreventoprotecthim
fromconcealeddanger.
XPN:
1. Visitors
2. ToleratedPossession
3. DoctrineofAttractiveNuisance
4. StateofNecessity
Doctors
IfaGeneralPractitionerOrdinarycareanddiligenceintheapplicationofhisknowledgeandskillinthepracticeof
hisprofession
IfaSpecialistThelegaldutytothepatientisgenerallyconsideredtobethatofanaveragephysician.
Lawyers
An attorney is bound to exercise only a reasonable degree of care and skill, having reference to the business he
undertakestodo(Adarnev.Aldaba,Adm.CaseNo.80,June27,1978).

531

1.NCC,ART.1173 D.UNREASONABLERISKOFHARM

Q: What is the general standard of diligence Q:Indeterminingwhetherapersonhasexposed
providedforundertheNCC? himselftoanunreasonablegreatrisk,whatmust
bepresent?
A:BonusPaterFamiliasorthatofagoodfatherof
afamily. A:Reasonableness,theelementsofwhichareas
follows:
Note: If the law or contract does not state the 3. Magnitudeoftherisk
diligence which is to be observed in the 4. Principalobject
performance, that which is expected of a good 5. Collateralobject
fatherofafamilyshallberequired.(Art.1173(2)) 6. Utilityoftherisk
7. Necessityoftherisk
Q:Whatistheruleincaseoffaultornegligence
ofanobligor? Ifthemagnitudeoftheriskisverygreatandthe
principal object, very valuable, yet the value of
A:Art.1173.Thefaultornegligenceoftheobligor the collateral object and the great utility and
consistsintheomissionofthatdiligencewhichis necessity of the risk counterbalanced those
required by the nature of the obligation and considerations,theriskismadereasonable.
corresponds with the circumstances of the
persons, of the time and of the place. When Note: In the Philippines, the courts do not use any
negligence shows bad faith, the provisions of formulaindeterminingifthedefendantcommitteda
Articles1171and2201,paragraph2,shallapply. negligent act or omission. What appears to be the
normistogivenegligenceacommonsense,intuitive
NOTE:Art.1171.Responsibilityarisingfromfraudis interpretation.
demandable in all obligations. Any waiver of an
actionforfuturefraudisvoid. In the field of negligence, interests are to be
balancedonlyinthesensethatthepurposesofthe
Art. 2201. In contracts and quasicontracts, the actor, the nature of his act and the harm that may
damages for which the obligor who acted in good result from action or inaction are elements to be
faithisliableshallbethosethatarethenaturaland considered.Somemaynotbeconsidereddepending
probable consequences of the breach of the onthecircumstances.
obligation, and which the parties have foreseen or
could have reasonably foreseen at the time the Thefollowingarecircumstancestobeconsidered:
obligationwasconstituted.
1. Time
In case of fraud, bad faith, malice or wanton 2. Place
attitude, the obligor shall be responsible for all 3. Emergency
damageswhichmaybereasonablyattributedtothe 4. Gravityofharmtobeavoided
nonperformanceoftheobligation. 5. Alternativecourseofaction
6. Socialvalueorutilityofactivity
2.EMERGENCYRULE 7. Personexposedtotherisk

Q:Whatistheemergencyrule? E.EVIDENCE

A: One who suddenly finds himself in a place of F.PRESUMPTIONOFNEGLIGENCE
danger, and is required to act without time to
considerthebestmeansthatmaybeadoptedto 1.LEGALPROVISIONS
avoid the impending danger, is not guilty of
negligence,ifhefailstoadoptwhatsubsequently Q: Discuss the provisions relative to
and upon reflection may have been a better presumptionofnegligence.
method, unless the emergency in which he finds
himselfisbroughtaboutbyhisownnegligence. A:Personsaregenerallypresumedtohavetaken
ordinary care of his concerns.There are however
Note:Emergencyruleexemptscommoncarriers. exceptionswhennegligenceispresumed.

1. Article 2184. xxx. It is disputably
presumedthatadriverwasnegligent,if
he had been found guilty of reckless
driving or violating traffick regulations
532
CIVILLAWTEAM:

TORTS AND DAMAGES
atleasttwicewithinthenextpreceding Q:Whataresomecaseswherethedoctrinewas
twomonths.Xxx heldtobeinapplicable?

2. Article 2185. Unless there is proof to A:
the contrary, it is presumed that a 1. Where there is direct proof of absence
persondrivingamotorvehiclehasbeen orpresenceofnegligence;
negligent if at the time of the mishap, 2. Where other causes, including the
hewasviolatinganytrafficregulation. conduct of the plaintiff and third
persons, are not sufficiently eliminated
Note:Proofoftrafficviolationrequired. bytheevidence;
3. Whenoneormorerequisiteisabsent.
3. Article 2188. There is prima facie
presumption of negligence on the part G.DEFENSES
of the defendant if the death or injury
results from his possession of 1.COMPLETE
dangerousweaponsorsubstances,such
as firearms and poison, except when Q:Whyaretheycalledcompletedefenses?
possession or use thereof is
indispensable in his occupation or A: They are called complete defenses because
business. they completely bar recovery as opposed to
partial defenses which only serve to mitigate
Note: Proof of possession of dangerous liability.
weaponsorsubstancesrequired.
a.ABSENCEOFELEMENT

2.RESIPSALOQUITUR (1)DUEDILIGENCE

Q:Whatdoesresipsaloquiturmean? SeeRulesonDegreeorStandardofCare

A: The thing speaks for itself. The fact of the (2)ACTSOFPUBLICOFFICERS
occurrence of an injury, taken with surrounding
circumstances,maypermitaninferenceorraisea b.ACCIDENTORFORTUITOUSEVENT
presumption of negligence, or make out a
plaintiffs prima facie case, and present a SeeForceMajeureorFortuitousEvent
question of fact for defendant to meet with an
explanation. c.DAMNUMABSQUEINJURIA

Note: However, res ipsa loquitur is not a rule of Q:Whatismeantbydamnumabsqueinjuria?
substantivelawand,assuch,doesnotcreatenor
constituteanindependentorseparategroundof A: There is no liability even if there is damage
liability. Instead, it is considered as merely becausetherewasnoinjury.
evidentiaryorinthenatureofaproceduralrule.
Note: There canbe damagewithoutinjury in those
Q:Whataretherequisitesfortheapplicationof instances in which the loss or harm was not the
thedoctrineofresipsaloquitur? resultofaviolationofalegalduty.Insuchcases,the
consequences mustbebornebythe injured person
A: alone.
1. That the accident is of a kind which
ordinarilydoesnotoccurintheabsence Q:Whatisinjury?
ofsomeonesnegligence;
2. Itiscausedbyaninstrumentalitywithin A:itisthelegalinvasionofalegalright.
the exclusive control of the
defendant/s;and Q:Whatisdamage?
3. The possibility of contributing conduct
which would make plaintiff responsible A: it is the loss, hurt or harm which results from
iseliminated. the injury. They are the recompense or
compensationawardedforthedamagesuffered.

533

Q: What is meant by the maxim qui jure suo risks which are usually present in such
utiturnullumdamnumfacit? activities.

A:Onewhoexercisesarightdoesnoinjury. 4. Defendantsnegligence?
A: When the plaintiff is aware of the
d.AUTHORITYOFLAW risk created by the defendants
negligence, yet he voluntarily proceed
e.ASSUMPTIONOFRISK to encounter it, there is implied
assumption of risk on the part of the
Q:Whatismeantbyvolentinonfitinjuria? plaintiff.

A:Toawillingperson,noinjuryisdone. f.LASTCLEARCHANCE

Q: What are the elements of the doctrine of SeeLastClearChance
assumptionofrisk?
g.PRESCRIPTION
A:
1. The plaintiff must know that the risk is Q:Whatistheprescriptiveperiodforquasi
present; delict?
2. He must further understand its nature;
and A:Four(4)yearsreckonedfromthedateofthe
3. His choice to incur it is free and accident.
voluntary.
h.WAIVER
Q:Whatarethetwokindsofassumptionofrisk?
SeePersons:WaiverofRights.
A:
1. Expresswaiveroftherighttorecover; i.DOUBLERECOVERY
2. Impliedassumption
a. DangerousConditions Q:Whatistheruleagainstdoublerecovery?
b. ContractualRelations
c. DangerousActivities A:Theplaintiffcannotrecoverdamagestwicefor
d. Defendantsnegligence the same act or omission of the defendant. (Art.
2177,NCC)
Q:Whatismeantby:
1. Dangerousconditions?
A: A person who, knowing that he is
exposed to a dangerous condition,
voluntarily assumes the risk of such
dangerous condition may not recover
from the defendant who maintained
suchdangerouscondition.

2. Contractualrelations?
A:Theremaybeanimpliedassumption
of risk if the plaintiff entered into
contractual relations with the
defendant. By entering into a
relationship freely and voluntarily
where the negligence of the defendant
isobvious,theplaintiffmaybefoundto
accept and consent to it, and to
undertaketolookoutforhimselfandto
relievethedefendantoftheduty.

3. Dangerousactivities?
A:Apersonwhovoluntarilyparticipates
in dangerous activities assumes the
534
CIVILLAWTEAM:

TORTS AND DAMAGES
IX.SPECIALLIABILITYINPARTICULARACTIVITIES 2. Design defect defects resulting from

designandformulas.
A.GENERAL 3. Presentation defect defects resulting
fromhandling,makingup,presentation
1.CONCEPT orpackingoftheproducts.
4. Absence of Appropriate Warning
B.PRODUCTSLIABILITY defectresultingfromtheinsufficientor
inadequateinformationontheuseand
Q:Whatisproductandserviceliability? hazardsoftheproducts.

A: Product Liability is the law which governs the Q:Whatarethedefensesofamanufacturerand
liabilityofmanufacturersandsellersfordamages supplier?
resulting from defective products. It is meant to
protect the consumers by providing safeguards A:
when they purchase or use consumer products. The manufacturer shall not be liable when it
(Aquino,T.,TortsandDamages,2005,SecondEd.) evidences:
1. thatitdidnotplacetheproductonthe
market;
1.MANUFACTURERSORPROCESSORS 2. that although it did place the product
on the market such product has no
a.ELEMENTS defect;
3. that the consumer or the third party is
b.CONSUMERACT solelyatfault.

Q:Whatistheconsumeract(RA7394)? Thesuppliershallnotbeliablewhenitisproven:
1. that there is no defect in the service
A:ConsumerActprohibitsfraudulentsalesactsor rendered;
practices. Chapter I of Title III expressly provides 2. that the consumer or the third party is
for protection against defective, unfair and solelyatfault.
unconscionable sales acts and practices. The Act
likewise contains provisions imposing warranty Q: What are the remedies of a consumer in the
obligationsonthemanufacturersandsellers.This consumeract?
Act also imposes liability for defective service
independentlyoffault. A: Section 60 of the law expressly provides that
the court may grant injunction restraining the
Q: Who are the persons made liable under the conduct constituting the contravention of illegal
consumeract? sales act and practices and/or actual damages
and such other orders as it thinks fit to redress
A:ThestrictliabilityundertheActisimposedon injurytothepersonaffectedbysuchconduct.
themanufacturer.
NOTE: A manufacturer is any person who

manufactures, assembles or processes consumer
products,exceptthatifthegoodsaremanufactured,
assembled or processed for another person who
attaches his own brand name to the consumer
products, the latter shall be deemed the
manufacturer. In case of imported products, the
manufacturers representatives or, in his absence,
the importer, shall be deemed the manufacturer.
(Art.4,RA7394)
Q:Whatarethekindsofdefectsinproducts?
A:
1. Manufacturing defect defects
resulting from manufacture,
construction,assemblyanderection.
535

C.NUISANCE 2.PUBLICNUISANCEANDPRIVATENUISANCE

1.NUISANCEPERSEANDNUISANCEPER Q:Whataretheremediesagainstpublic
ACCIDENCE nuisances?

Q:Whatarethekindsofnuisance? A:
1. ProsecutionundertheRPCoranylocal
A: ordinance
1. Astothenumberofpersonsaffected: 2. Civilaction
a. Public(orcommon)isonewhich 3. Abatement,withoutjudicialproceeding
affects a community ir
neighborhood or considerable Q:Whomayavailofremedies?
numberofpersons.
b. Private is one which affects an A:
individualorfewpersonsonly. 1. Publicofficers
2. Otherclassification:
a. NuisancePerSethatkindof 2. Privatepersonsifnuisanceisspecially
nuisance which is always a injurioustohimself;theff.steps
nuisance. By its nature, it is mustbemade:
alwaysanuisanceallthetime
under any circumstances i. demandbefirstmadeuponowner
regardless of location or or possessor of the property to
surroundings. abatethenuisance
b. Nuisance Per Accidens that ii. that such demand has been
kind of nuisance by reason of rejected
location, surrounding or in a iii. that the abatement be approved
manner it is conducted or by the district health officer and
managed. executed with the assistance of
c. Temporary that kind which localpolice
if properly attended does not iv. that the value of destruction does
constituteanuisance. notexceedP3,000
d. Permanent that kind which
bynatureofstructurecreates Q:Whatisaprivatenuisance?
apermanentinconvenience.
e. Continuing that kind which A: one that affects an individualor a limited
by its nature will continue to numberofindividualsonly
exist indefinitely unless
abated Q: What are the remedies against private
f. Intermittentthatkindwhich nuisances?
recurs off and on may be
discontinuedanytime. A:
g. Attractive Nuisance one 1. Civilaction
who maintains on his 2. Abatement, without judicial
premises dangerous proceedings
instrumentalities or
appliances of a character Q:Whomayavailofremedies?
likely to attract children in
play,andwhofailstoexercise A:
ordinary care to prevent 1. Publicofficers
children from playing 2. Privatepersonsifnuisanceisspecially
therewith or resorting injurious to himself; the ff.
thereto, is liable to a child of stepsmustbemade:
tender years who is injured
thereby, even if the child is i. demandbefirstmadeuponowner
technicallyatrespasserinthe or possessor of the property
premises. toabatethenuisance
ii. that such demand has been
rejected
536
CIVILLAWTEAM:

TORTS AND DAMAGES
iii. that the abatement be approved 13. The right to take part in a peaceable
by the district health officer and assembly to petition the government
executed with the assistance of forredressofgrievances;
localpolice 14. The right to be free from involuntary
iv. thatthevalueofdestructiondoes servitudeinanyform;
notexceedP3,000 15. The right of the accused against
excessivebail;
3.ATTRACTIVENUISANCE 16. Therightoftheaccusedtobeheardby
himself and counsel, to be informed of
Q:Whatisanattractivenuisance? the nature andcause of the accusation
against him, to have a speedy and
A: A dangerous instrumentality or appliance public trial, to meet the witnesses face
maintained in ones premises which is likely to toface,andtohavecompulsoryprocess
attractchildrenatplay. to secure the attendance of witness in
hisbehalf;
Onewhomaintainsanattractivenuisanceonhis 17. Freedomfrombeingcompelledtobea
estate without exercising due care is liable to a witnessagainstone'sself,orfrombeing
childoftenderyearsevenifatrespasser. forced to confess guilt, or from being
induced by a promise of immunity or
Note: the attractiveness of the premises or of the rewardtomakesuchconfession,except
dangerous instrumentality to children of tender whenthepersonconfessingbecomesa
years is to be considered as an implied invitation, Statewitness;
whichtakesthechildrenwhoaccepteditoutofthe 18. Freedom from excessive fines, or cruel
category of a trespasser and puts them in the and unusual punishment, unless the
category of invitees, towards whom the owner of same is imposed or inflicted in
the premises or instrumentality owes the duty of accordancewithastatutewhichhasnot
ordinarycare
been judicially declared
unconstitutional;and
D.VIOLATIONOFCONSTITUTIONALRIGHTS
19. Freedom of access to the courts. (Art.
32,NCC)
Any public officer or employee, or any private

individual, who directly or indirectly obstructs,
1.VIOLATIONOFCIVILLIBERTIES
defeats, violates or in any manner impedes or

impairsanyofthefollowingrightsandlibertiesof
Q:WhatistherationalefortheinclusionofArt.
another person shall be liable to the latter for
32intheNewCivilCode?
damages:

1. Freedomofreligion;
A: The creation of an absolutely separate and
2. Freedomofspeech;
independent civil action for the violation of civil
3. Freedom to write for the press or to
libertiesisessentialtotheeffectivemaintenance
maintainaperiodicalpublication;
ofdemocracy.
4. Freedom from arbitrary or illegal

detention;
E.VIOLATIONOFRIGHTSCOMMITTEDBYPUBLIC
5. Freedomofsuffrage;
OFFICERS
6. The right against deprivation of

propertywithoutdueprocessoflaw;
Q:Inwhatinstancescanapublicofficerbeliable
7. The right to a just compensation when
fordamages?
privatepropertyistakenforpublicuse;

8. Therighttotheequalprotectionofthe
A: When a member of a city or municipal police
laws;
force refuses or fails to render aid or protection
9. The right to be secure in one's person,
to any person in case of danger to life or
house, papers, and effects against
property, such peace officer shall be primarily
unreasonablesearchesandseizures;
liablefordamages.(Art.34,NCC)
10. The liberty of abode and of changing

thesame;
Anactionmaybebroughtbyanypersonsuffering
11. The privacy of communication and
frommaterialormorallossbecauseapublic
correspondence;
servantrefusesorneglects,withoutjustcauseto
12. The right to become a member of
performhisofficialduty(ART,27NCC).
associations or societies for purposes

notcontrarytolaw;
537

Requisites: b. Proprietorsshallalsoberesponsiblefor
i. defendant is a public officer charged damagescaused:
withtheperformanceofadutyinfavor
oftheplaintiff 1) By the explosion of machinery
ii. he refused or neglected without just which has not been taken care of
causetoperformsuchduty(ministerial) with due diligence, and the
iii. plaintiffsustainedmaterialormoralloss inflammation of explosive
as consequence of such non substances which have not been
performance keptinasafeandadequateplace;
iv. the amount of such damages, if 2) Byexcessivesmoke,whichmaybe
material harmfultopersonsorproperty;
3) Bythefallingoftreessituatedator
Q: What is the intention of making public near highways or lanes, if not
officersliableunderArt34,NCC? causedbyforcemajeure;
4) By emanations from tubes, canals,
A:Art.34isintendedtoaffordaremedyagainst sewers or deposits of infectious
police officers who connive with bad elements, matter, constructed without
areafraidofthemorsimplyindifferenttoduty. precautions suitable to the place.
(Art.2191,NCC)

F.PROVINCES,CITIESANDMUNICIPALITIES I.HEADOFFAMILY

Q: What instance would make cities and SeePersonsMadeResponsibleForOthers;
municipalitiesliablefordamages? Parents

A: Cities and municipalities shall be subsidiarily X.STRICTLIABILITY
liablefortheneglectofdutyofamemberofacity
ormunicipalpoliceforce.(Art.34,NCC) Q:Whenistherestrictliability?

A: There is strict liability if one is made
G.OWNEROFMOTORVEHICLE independent of fault, negligence or intent after
establishing certain facts specified by law. It
Q:Whatistheliabilityoftheownerofavehicle includes liability for conversion and for injuries
incaseofanaccident? caused by animals, ultrahazardous activities and
nuisance.
A:Inmotorvehiclemishaps,theowneris
solidarilyliablewithhisdriver,iftheformer,who A.ANIMALS
wasinthevehicle,couldhave,bytheuseofthe
duediligence,preventedthemisfortune.Itis 1.POSSESSORANDUSEROFANANIMAL
disputablypresumedthatadriverwasnegligent,
ifhehadbeenfoundguiltyorrecklessdrivingor Q:Whoisliablefordamagescausedbyanimals?
violatingtrafficregulationsatleasttwicewithin
thenextprecedingtwomonths.(Art.2184,NCC) A: The possessor or whoever makes use of the
animalisliableindependentoffault.
H.PROPRIETOROF
BUILDINGORSTRUCTUREORTHING Note: The only exception is when the damage is
caused by force majeure or by the person who
Q: What is the rule regarding the liability of sufferedthedamage.
proprietorsofbuildings:
Q: What are the rules on liability of owners for
A: damagecausedbyhisanimals?
a. Theproprietorofabuildingorstructure
isresponsibleforthedamagesresulting A:
from its total or partial collapse, if it 1. Anownerisstrictlyliableforreasonably
should be due to the lack of necessary foreseeabledamagedonebyatrespass
repairs.(Art.2190,NCC) ofhisanimals.
2. An owner is strictly liable to licensees
and invitees for injuries caused by wild
538
CIVILLAWTEAM:

TORTS AND DAMAGES
animals as long as the injured person BOOKIIDAMAGES

didnothingtobringabouttheinjury.
3. An owner is not strictly liable for I.GENERALCONSIDERATIONS
injuries caused by domestic animals
unless he has knowledge of that A.CLASSIFICATION
particular animal's dangerous
propensities that are not common to Q:Whataredamages?
thespecies.
4. Strict liability will generally not be A: The pecuniary compensation, recompense or
imposed in favor of trespassers in the satisfaction for an injury sustained or as
absenceoftheowner'snegligence.An otherwiseexpressedthepecuniaryconsequences
exception is recognized for injuries which the law imposes for the breach of some
inflictedbyviciouswatchdogs. dutyorviolationofsomerights.

Note: A complaint for damages is personal in
B.NUISANCE nature(personalaction)

SeeNuisance. Q:Whatarethekindsofdamages?

1.CLASSES A:MENTAL
1. Moral
SeeNuisance. 2. Exemplary
2.EASEMENTAGAINSTNUISANCE 3. Nominal
4. Temperate
Q:Whatiseasementagainstnuisance? 5. Actual
6. Liquidated
A: Easement against nuisance is established by
Art. 682 683. It is intended to prohibit the
proprietororpossessorofabuildingorlandfrom
committing nuisance therein through noise,
jarring, offensive odor, smoke,heat, dust, water,
glare,andothercauses.(GonzalezDecano,Notes
on Torts & Damages Under the Civil Code of the
Philippines,2010,p166)
C.PRODUCTSLIABILITY

1.CONSUMERACT
SeeManufacturersorProcessors;ConsumerAct.
539

ACTUAL/
MORAL NOMINAL
COMPENSATORY
Accordingtopurpose
Actual or compensatory damages Awarded only to enable the Vindicating or recognizing the
simply make good or replace the injured party to obtain means, injured partys right to a property
losscausedbythewrong. diversion or amusement that will thathasbeenviolatedorinvaded.
alleviate the moral suffering he (Tanv.Bantegui,473SCRA663)
has undergone, by reason of
defendants culpable action.
(Roblezav.CA,174SCRA354)
Accordingtomannerofdetermination
Claimantmustproducecompetent No proof of pecuniary loss is No proof of pecuniary loss is
proof or the best evidence necessary. The assessment is left necessary.Proofthatalegalright
obtainable such as receipts to to the discretion of the court has been violated is what is only
justify an award therefore. Actual according to the circumstances of required. Usually awarded in the
or compensatory damages cannot each case. However, there must absence of proof of actual
be presumed but must be proved be proof that the defendant damages.
with reasonable certainty. (People caused physical suffering etc.
v.Ereno,Feb.22,2000) (Compania Maritima v. Allied Free
Workers Union, G.R. No. L31379,
Aug.29,1988).

GR: Factual basis mustbe alleged.
Aside from the need for the
claimanttosatisfactorilyprovethe
existence of the factual basis of
thedamages,itisalsonecessaryto
prove its causal relation to the
defendants act (Raagas v. Trava,
G.R. No. L20081, Feb. 27,1968;
People v. Manero, G.R. Nos.
8688385,Jan.29,1993).

XPN: Criminal cases. Moral
damages may be awarded to the
victim in criminal proceedings in
such amount as the court deems
just without need for pleading or
proof of the basis thereof (People
v.Paredes,July30,1998).
Special/Ordinary
Ordinary Special Special

Note: Ordinary Damages are those Note: Special Damages are those
generally inherent in a breach of a which exist because of special
typicalcontract circumstances and for which a
debtor in good faith can be held
liable if he had been previously
informedofsuch.circumstances.
540 CIVILLAWTEAM:

TORTS AND DAMAGES
EXEMPLARY/
TEMPERATE LIQUIDATED
CORRECTIVE
Accordingtopurpose
When the court is convinced that Liquidateddamagesarefrequently Exemplary or corrective damages

there has been such a loss, the agreeduponbytheparties,either are intended to serve as a
judge is empowered to calculate by way of penalty or in order to deterrenttoseriouswrongdoings.
moderatedamagesratherthanlet avoid controversy on the amount (Peoplev.Orilla,422SCRA620)
the complainant suffer without ofdamages.
redress. (GSIS v. LabungDeang,
365SCRA341)
Accordingtomannerofdetermination
Mayberecoveredwhenthecourt If intended as a penalty in 1.Thattheclaimantisentitledto

findsthatsomepecuniarylosshas obligations with a penal cause, moral, temperate or
been suffered but its amount proof of actual damages suffered compensatorydamages;and
cannot, from the nature of the by the creditor is not necessary in
case,beprovedwithcertainty.No order that the penalty may be 2. That the crime was committed
proof of pecuniary loss is demanded(Art.1228,NCC). with 1 or more aggravating
necessary. No proof of pecuniary loss is circumstances, or the quasidelict
necessary. was committed with gross
negligence, or in contracts and
quasicontracts the act must be
accompaniedbybadfaithordone
in wanton, fraudulent, oppressive
ormalevolentmanner.

No proof of pecuniary loss is
necessary.
Special/Ordinary
Special Special Special

II.ACTUALANDCOMPENSATORYDAMAGES wrongfulactwhichresultininjury;need
notbespecificallypleadedbecausethe
A.CONCEPT lawitselfimpliesorpresumesthatthey
resultedfromthewrongfulact.
Q:Whatareactualorcompensatorydamages?
2. Special damages damages which are
A: It comprehends not only the value of the loss the natural, but not the necessary and
suffered but also that of the profits which the inevitableresultofthewrongfulact;an
obligee failed to obtain. The amount should be examplewouldbeattorneysfees.
that which would put the plaintiff in the same
position as he would have been if he had not B.REQUISITES
sustained the wrong for which he is now getting
compensationorreparation.Torecoverdamages, 1.ALLEGEDANDPROVEDWITHCERTAINTY
the amount of loss must not only be capable of
proofbutmustactuallybeproven. Q:Isitnecessarythatlossbeproved?

Q:Whatarethekindsofactualorcompensatory A:
damages? GR: Loss must be proved before one can be
entitledtodamages.
A:
1. General damages natural, necessary XPN:Lossneednotbeprovedinthefollowing
andlogicalconsequencesofaparticular cases:
541

1. Liquidated damages previously agreed Q:Whatmustbeconsideredindeterminingthe
upon; amountofdamagesrecoverable?
Note: Liquidated damages take the
place of actual damages except when A: Much is left to the discretion of the court
additionaldamagesareincurred. considering the moral and material damages
2. If damages other than actual are involved. There can be no exact or uniform rule
sought; for measuring the value of a human life. The
3. Forfeiture of bonds in favor of the amount recoverable depends on the particular
government for the purpose of factsandcircumstancesofeachcase.
promotingpublicinterestorpolicy;
4. Lossispresumed. The life expectancy of the deceased or of the
beneficiary,whicheverisshorter,isanimportant
2.NOTSPECULATIVE factor. Other factors that are usually considered
are:
Q: What is the required proof for actual 1. Pecuniarylosstoplaintifforbeneficiary;
damages? 2. Lossofsupport;
3. Lossofservice;
A: It is necessary that the claimant produces 4. Lossofsociety;
competentprooforthebestevidenceobtainable 5. Mentalsufferingofbeneficiaries;and
such as receipts to justify an award therefore. 6. Medicalandfuneralexpenses.
Actual or compensatory damages cannot be
presumed but must be proved with reasonable Thus, life expectancy is, not only relevant, but,
certainty(Peoplev.Ereno,Feb.22,2000) also, an important element in fixing the amount
recoverable, although it is not the sole element
Any person who seeks to be awarded actual or determinativeofsaidamount.
compensatory damages due to acts of another
hastheburdenofprovingsaiddamagesaswellas Q:Isitproperfortheheirstoclaimasdamages
the amount thereof. Actual damages cannot be thefullamountofearningsofthedeceased?
allowed unless supported by evidence on the
record. The court cannot rely on speculations, A: No. Said damages consist, not of the full
conjectures or guesswork as to the fact and amount of his earnings, but of the support they
amount of damages (Banas, Jr. v. CA, Feb. 10, receivedorwouldhavereceivedfromhimhadhe
2000) notdiedinconsequenceofthenegligenceofthe
bus' agent. Stated otherwise, the amount
C.COMPONENTELEMENTS recoverable is not loss of the entire earning, but
rather the loss of that portion of the earnings
1.VALUEOFLOSS;UNREALIZEDPROFIT which the beneficiary would have received. In
otherwords,onlynetearnings,notgrossearning,
Q:Whatdoesactualdamagescover? aretobeconsidered.

A: It comprehends not only the value of the loss In fixing the amount of that support, the
suffered but also that of the profits which the "necessary expenses of his own living" should be
obligeefailedtoobtain. deducted from his earnings. Earning capacity, as
1. Danoemergentelossofwhataperson an element of damages to one's estate for his
alreadypossesses death by wrongful act, is necessarily his net
earningcapacityorhiscapacitytoacquiremoney,
2. Lucro cessante failure to receive as a lessthenecessaryexpenseforhisownliving.(Villa
benefit that would have pertained to ReyTransit,Inc.v.CA,etal.,G.R.No.L25499Feb.
him 18,1970)

Note: Loss or impairment of earning capacity in
casesoftemporaryorpermanentpersonalinjury.

Incaseofbusinessestablishments,itcoversinjuryto
thebusinessstandingorcommercialcredit.

542 CIVILLAWTEAM:

TORTS AND DAMAGES
2.ATTORNEYSFEESANDEXPENSESOF personsorincurexpensestoprotecthis
LITIGATION interest

Q: What are the two concepts of attorneys 3.INTEREST
fees?Distinguishonefromtheother.
Q:Whencaninterestbepartofdamages?
A:
1. Ordinary A: In crimes and quasidelicts, the court may
2. Extraordinary appropriately impose interest on the amount of
the damages adjudicated by the court. The basis
ORDINARY EXTRAORDINARY of interest is the legal rate which is 6% per
Nature annum.
Thereasonable
compensationpaid D.EXTENTORSCOPEOFACTUALDAMAGES
Anindemnityfordamages
toalawyerforthe
orderedbythecourttobe
legalservices 1.INCONTRACTSANDQUASICONTRACTS
paidbythelosingtothe
renderedtoaclient
prevailingpartyinlitigation
whohasengaged Q: What should be the amount of actual
him damages?
Basis
Thefactof A: The amount should be that which would put
employmentofthe Anycasesauthorizedbylaw
the plaintiff in the same position as he would
lawyerbytheclient
havebeenifhehadnotsustainedthewrongfor
Towhompayable
which he is now getting compensation or
Lawyer Client
reparation.
1. Property value at the time of

Q:TowhatdoesArticle2208pertain?
destruction, or market value, plus, in
proper cases, damages for the loss of

A: Article 2208 pertains to extraordinary
use during the period before
attorneys fees. They are actual damages due to
replacement, value of use of premises,
the plaintiff. Plaintiff must allege the basis of his
in case of mere deprivation of
claimforattorneysfeesinthecomplaint.
possession.

Q: Are attorneys fees recoverable as actual
2. Personal injury Medical expenses; P
damages?
75,000bywayofcivilindemnityincase
of rape committed or effectively

A:
qualifiedunderwhichthedeathpenalty
GR:Notrecoverable.
isimposedbylaw,orP50,000inother
XPN:SWISSMUDERC
rapecases.
1. Stipulationbetweenparties

2. Recovery of Wages of household
3. Death Wake and burial expenses, P
helpers,laborersandskilledworkers
50,000 by way of civil indemnity ex
3. ActionsforIndemnityunderworkmen's
delicto which requires no proof other
compensation and employer liability
thanthefactofdeathofthevictimand
laws
theassailantsresponsibilitytherefor.
4. LegalSupportactions

5. Separate civil action to recover civil
Q:Canactualdamagesbemitigated?
liabilityarisingfromcrime

6. Maliciousprosecution
A:Yes,inthefollowingcases:
7. Clearly Unfounded civil action or
1. ForContracts:
proceedingagainstplaintiff
a. Violation of terms of the contract
8. WhenDoublejudicialcostsareawarded
bytheplaintiffhimself;
9. WhenExemplarydamagesareawarded
b. Obtentionorenjoymentofbenefit
10. Defendantactedingross&evidentbad
under the contract by the plaintiff
faithinRefusingtosatisfyplaintiff'sjust
himself;
&demandableclaim
c. Defendant acted upon advice of
11. When defendant's act or omission
counsel in cases where the
Compelled plaintiff to litigate with 3rd
exemplary damages are to be
543

awarded such as under Articles Note: The article only mentioned heir.
2230,2231and2232; Consequently, it cannot speak of
d. Defendant has done his best to deviseesandlegateeswhoarereceiving
lessentheplaintiffsinjuryorloss. supportfromthedeceased.

2. ForQuasicontracts: 3. The spouse, legitimate and illegitimate
a. Incaseswhereexemplarydamages descendants and ascendants of the
are to be awarded such as in deceased may demand moral damages
Article2232; for mental anguish by reason of the
b. Defendant has done his best to deathofthedeceased.
lessentheplaintiffsinjuryorloss.

3. ForQuasidelicts: III.MORALDAMAGES
a. That the loss would have resulted
in any event because of the A.CONCEPT
negligenceoromissionofanother,
and where such negligence or Q:Whyaremoraldamagesawarded?
omission is the immediate and
proximatecauseofthedamageor A: They are awarded to enable the injured party
injury; to obtain means, diversions or amusement that
b. Defendant has done his best to will serve to alleviate the moral suffering he has
lessentheplaintiffsinjuryorloss. undergonebyreasonofthedefendantsculpable
action.
2.INCRIMESANDQUASIDELICTS
Q:Howcantheplaintiffrecovermoraldamages?
Q: What is the amount of damages in cases
where death resulted from a crime or quasi A:
delict? GR:Theplaintiffmustallegeandprove:
1. The factual basis for moral damages
A: Art. 2206 provides that the amount of and
damages for death caused by a crime or quasi 2. The causal relation to the defendants
delict shall be at least 50 thousand pesos, even act
though there may have been mitigating
circumstances. XPN:Moraldamagesmaybeawardedtothe
In addition to the amount to be awarded, the victim in criminal proceedings without the
defendantshallalsobeliableforthefollowing: need for pleading of proof or the basis
thereof.
1. Loss of the earning capacity of the
deceased, and the indemnity shall be B.WHENRECOVERABLE
paid to the heirs of the latter; such
indemnity shall in every case be Q:Whenismoraldamagesrecoverable?
assessed and awarded by the court,
unless the deceased on account of A:Moraldamagesmayberecoveredinthe
permanent physical disability not followingandanalogouscases:
caused by the defendant, had no 1. Acriminaloffenseresultinginphysical
earning capacity at the time of his injuries;
death; 2. Quasidelictscausingphysicalinjuries;
3. Seduction,abduction,rape,orother
2. If the deceased was obliged to give lasciviousacts;
support according to the provisions of 4. Adulteryorconcubinage;
Article291,therecipientwhoisnotan 5. Illegalorarbitrarydetentionorarrest;
heircalledtothedecedent'sinheritance 6. Illegalsearch;
by the law of testate or intestate 7. Libel,slanderoranyotherformof
succession, may demand support from defamation;
the person causing the death, for a 8. Maliciousprosecution;
period not exceeding five years, the 9. ActsmentionedinArticle309;and
exactdurationtobefixedbythecourt;

544 CIVILLAWTEAM:

TORTS AND DAMAGES
10. ActionsreferredtoinArticles21,26, 2.INACTSREFERREDTOINARTS.21,26,27,28,

27,28,29,30,32,34,and35.(Art.2219, 29,32,34&35,NCC
NCC)
Q: What are those tortuous acts referred to in
N534: To award moral damages, a court must be Articles 21, 26, 27, 28. 29, 32, 34 and 35 of the
satisfiedwithproofofthefollowing: Civil Code, wherein the plaintiff may recover
1. an injury whether physical, mental or moraldamages?
psychological;
2. a culpable act or omission factually A:
established; 1. Willful acts contrary to morals, good
3. a wrongful act or omission of the customsorpublicpolicy
defendant as the proximate cause of the
2. Disrespect to the dignity, personality,
injurysustainedbytheclaimant;
privacyandpeaceofmindofneighbors
4. the award of damages predicated on any
ofthecasesstatedinArt.2219.
andotherpersons
3. Refusalorneglectofapublicservantto
Art. 2219, NCC speaks provides for criminal offense perform his official duty without just
resulting from physical injuries and quasidelicts cause
causingphysicalinjuries. 4. Unfair competition in enterprise or in
labor
1.INSEDUCTION,ABDUCTION,RAPEAND 5. Civilactionfordamagesagainstaccused
OTHERLASCIVIOUSACTS acquittedonreasonabledoubt
6. Violationofcivilrights
Q: Is there any instance wherein the plaintiff 7. Civil action for damages against city or
may not prove the factual basis for moral municipalpoliceforce
damages as well as the causal relation to the 8. When the trial court finds no
defendantsact? reasonable ground to believe that a
crime has been committed after a
A:Yes.Incriminalproceedingsforrape. preliminary investigation or when the
prosecutor refuses or fails to institute
Requisites: criminalproceedings.
1. There must be an injury whether
physical, mental or psychological, 3.INCASESOFMALICIOUSPROSECUTION
clearlysustainedbytheclaimant
2. Theremustbeculpableactoromission Q:Whatisanactionformaliciousprosecution?
3. Such act or omission is the proximate
causeoftheinjury A: It has been defined as an action for damages
4. The damage is predicated on the cases brought by or against whom a criminal
citedinArt.2219 prosecution, civil suit, or other legal proceeding
has been instituted maliciously and without
Q:Inrapecases,iscivilindemnitythesamewith probable cause, after the termination of such
moraldamages? prosecution, suit or other proceeding in favor of
the defendant therein. (Diaz v. Davao Light and
A: No, civil indemnity is different from moral PowerCo.,520SCRA510,2007)
damages. It is distinct from and should not be
denominatedasmoraldamageswhicharebased Q: May moral and exemplary damages be
ondifferentjuralfoundationsandassessedbythe granted if a marriage was dissolved on the
court in the exercise of sound discretion (People groundofpsychologicalincapacity?
v.Caldona,G.R.No.126019,Mar.1,2001).
A: By declaring petitioner as psychologically
Whenthefactofrapehasbeenestablished,civil incapacitated, the possibility of awarding moral
indemnity is mandatory. If it is simple rape, civil damages was negated, which should have been
indemnity is P50,000.00. If there is qualifying proved by specific evidence that it was done
circumstanceastojustifytheimpositionofdeath deliberately.Thus,asthegrantofmoraldamages
penalty, it should be no less than P75,000.00 was not proper, it follows that the grant of
(People v. Banago ; People v. Mahinay, G.R. No. exemplary damages cannot stand since the Civil
109613,July17,1995)(Pineda,p.247,2009ed.). Code provides that exemplary damages are
imposed in addition to moral, temperate,
liquidated or compensatory damages. Finally,
545

sincetheawardofmoralandexemplarydamages pecuniary loss has been suffered but its amount
isnolongerjustified,theawardofattorney'sfees cannotbeprovedwithcertainty.
and expenses of litigation is left without basis. In cases where the resulting injury might be
(Buenaventura v. CA, G.R. No. 127358,Mar. 31, continuing and possible future complications
2005) directly arising from the injury while certain to
occur,aredifficulttopredict,temperatedamages
can and should be awarded on top of actual or
IV.NOMINALDAMAGES compensatorydamages.Insuchcasesthereisno
incompatibility between actual and temperate
A.CONCEPT damages

Q:Whatisthepurposeofnominaldamages? Note:Elements:
1. Somepecuniaryloss;
A: In order that a right of the plaintiff which has 2. Loss is incapable of pecuniary
been violated or invaded by the defendant may estimation;
be vindicated or recognized, and not for the 3. The damages awarded are
purpose of indemnifying the plaintiff for any loss reasonable.
sufferedbyhim.

Note:Elements: VI.LIQUIDATEDDAMAGES
1. Plaintiffhasaright;
2. Suchrightisviolated; A.CONCEPT
3. The purpose of awarding damages is to
vindicateorrecognizetherightviolated. Q:Whatareliquidateddamages?
A:Thoseagreeduponbythepartiesinacontract,
B.WHENAWARDED tobepaidincaseofbreachthereof.

Q: In what cases are nominal damages Q: When may liquidated damages be equitably
awarded? reduced?

A: nominal damages are small sums fixed by the A:
court without regard to the extent of the harm 1. Iniquitousorunconscionable
done to the injured party. They are damages in 2. Partialorirregularperformance
name only andare allowed simply in recognition
ofatechnicalinjurybasedonaviolationofalegal B.RULESGOVERNINGINCASEOFBREACHOF
right. CONTRACT

Note:Nominaldamagescannotcoexistwithactual Q: What is the rule governing in case of breach
or compensatory damages because nominal ofcontract?
damages are recoverable when the damages
suffered cannot be proved with reasonable A:Art.2228,NCC,providesthatwhenthebreach
certainty.Thelawpresumesdamagealthoughactual of contract committed by the defendant is not
orcompensatorydamagesarenotproven.Awardof the one contemplated by the parties in agreeing
actual, moral, temperate or moderate damages upon the liquidated damages, the law shall
preclude nominal damages. But it may be awarded determinethemeasureofdamages,andnotthe
togetherwith attorneys fees. (Pineda, pp. 284285,
stipulation.
2009ed)

VII.EXEMPLARYORCORRECTIVEDAMAGES

V.TEMPERATEORMODERATEDAMAGES
A.CONCEPT

A.CONCEPT
Q:Whatisthepurposeofexemplarydamages?

Q:Whataretemperatedamages?
A: Imposed by way of example or correction for

the public good, in addition to the moral,
A:Thosedamages,whicharemorethannominal
temperate,liquidatedorcompensatorydamages;
but less than compensatory, and may be
intended to serve as a deterrent to serious
recovered when the court finds that some
wrongdoings and as a vindication of undue
sufferingsandwantonofinvasionoftherightsof
546 CIVILLAWTEAM:

TORTS AND DAMAGES
an injured or a punishment for those guilty of 3. The act must be accompanied by bad
outrageousconduct. faith or done in wanton, fraudulent,
oppressiveormalevolentmanner
B.WHENRECOVERED

Q: In what cases may exemplary damages be VIII.DAMAGESINCASEOFDEATH
imposedasaccessorydamages?
A.INCRIMESANDQUASIDELICTSCAUSING
A: DEATH
GR:Exemplarydamagescannotberecovered
asamatterofright(Art.2233,NCC) Q: What is the rule with regard to crimes and
XPN: quasidelictscausingdeath?
1. Criminal offense when the crime was
committed with one or more A:Incaseofdeath,theplaintiffisentitledtothe
aggravatingcircumstances(Art.2230) amount that he spent during the wake and
2. Quasidelicts when the defendant funeral of the deceased. However, it has been
actedwithgrossnegligence(Art.2231) ruled that expenses after the burial are not
3. Contracts and Quasicontracts when compensable.
defendantactedinwanton,fraudulent,
reckless, oppressive, or malevolent Note:Theamountofdamagesfordeathcausedbya
manner (Art. 2232) (Pineda, p. 301, crimeorquasidelictshallbeatleastthreethousand
2009ed) pesos,eventhoughtheremayhavebeenmitigating
circumstances.Inaddition:
Q:Whatarethedamagesthatcanberecovered 1. The defendant shall be liable for the loss
incaseofdeath? of the earning capacity of the deceased,
and the indemnity shall be paid to the
3 heirsofthelatter;suchindemnityshallin
A:MEAI
every case be assessed and awarded by
1. Moraldamages
thecourt,unlessthedeceasedonaccount
2. Exemplarydamages of permanent physical disability not
3. Attomey's fees and expenses for caused by the defendant, had no earning
litigation capacityatthetimeofhisdeath;
4. Indemnityfordeath 2. If the deceased was obliged to give
5. Indemnityforlossofearningcapacity support according to the provisions of
6. Interestinpropercases Article 291, the recipient who is not an
heir called to the decedent's inheritance
Q:Whatarethedamagesthatcanberecovered by the law of testate or intestate
incaseofdeath? succession,maydemandsupportfromthe
personcausingthedeath,foraperiodnot
3 exceedingfiveyears,theexactdurationto
A:MEAI
1. Moraldamages befixedbythecourt;
2. Exemplarydamages 3. The spouse, legitimate and illegitimate
3. Attomey's fees and expenses for descendants and ascendants of the
deceasedmaydemandmoraldamagesfor
litigation
mentalanguishbyreasonofthedeathof
4. Indemnityfordeath
thedeceased.(Art.2206,NCC)
5. Indemnityforlossofearningcapacity

6. Interestinpropercases
1.INDEATHCAUSEDBYBREACHOFCONDUCT
BYACOMMONCRIME
C.REQUISITES

Q:Whenistemperatedamagesrecoverable?
A:
1. The claimants right to exemplary
damageshasbeenestablished
2. Their determination depends upon the
amountofcompensatorydamagesthat
maybeawardedtotheclaimant
547

IX.GRADUATIONOFDAMAGES 3.INCONTRACTS,QUASICONTRACTSAND
QUASIDELICTS;NCCART.2215
Q:Whatistheruleingraduationofdamagesin
tortscases? Q: When can the court equitably mitigate the
damages in contract, quasicontracts and quasi
A: Generally, the degree of care required is delicts?
graduated according to the danger a person or
property attendant upon the activity which the A: The court can mitigate the damages in the
actorpursuesortheinstrumentalityheuses.The followinginstancesotherthaninArt.2214:
greaterthedangerthegreaterthedegreeofcare 1. That the plaintiff himself has
required. contravenedthetermsofthecontract;
2. That the plaintiff has fderived some
However, foreseeability is not the same as benefitasaresultofthecontract;
probability. Even if there is lesser degree of 3. In cases whereexemplary damagesare
probability that damage will result, the damage to be awarded, that the defendant
maystillbeconsideredforeseeable. actedupontheadviceofcounsel;
4. Thatthelosswouldhaveresultedinany
NOTE: The test as respects foreseeability is not the event;
balance of probabilities, but the existence, in the 5. That since the filing of the action, the
situation in hand, of some real likelihood of some defendant has done his best to lessen
damage and the likelihood is of such appreciable the plaintiffs loss or injury. (Art. 2215,
weightandmomenttoinduce,orwhichreasonably NCC)
should induce, action to avoid it on the part of a
personorareasonablyprudentmind. 4.LIQUIDATEDDAMAGES

Q: When can liquidated damages be equitably
A.DUTYOFINJUREDPARTY reduced?

1.ART.2203 A: Liquidated damages, whether intended as an
indemnityorapenalty,shallbeequitablyreduced
Q:Whatisthedutyoftheinjuredparty? if they are iniquitous or unconscionable. (Art.
2227,NCC)
A: The injured party is obligated to undertake
measuresthatwillalleviateandnotaggravatehis 5.COMPROMISE
condition after the infliction of the injury or
nuisance. The injured party has the burden of Q:Whatisacompromise?
explainingwhyhedidnotdoso.(Art.2203,NCC)
A: A compromise is a contract whereby the
parties,bymakingreciprocalconcessions,avoida
B.RULES litigation or put an end to one already
commenced.(Art.2028,NCC)
1.INCRIMES
Q: How are damages adjudicated in case of Q:Whatistheessenceofacompromise?
crimes?
A:Incrimes,thedamagestobeadjudicatedmay A:Theelementofreciprocalconcessions.
be respectively increased or lessened according
to the aggravating or mitigating circumstances. Q: What is the rule regarding compromise in
(Art.2204,NCC) caseliabilityhasacivilandcriminalaspect?
2.INQUASIDELICT
A: If a crime has been committed, there can be
Q: When can damages be reduced in quasi compromise on the civil liability, but not, as a
delict? generalrule,onthecriminalliability.

A: The contributory negligence of the plaintiff Note:Inacivilcase,compromisemustbeentered
shall reduce the damages he may recover. (Art. into before or during litigation, never after final
2214,NCC) judgmenthasbeenrendered.

548 CIVILLAWTEAM:

TORTS AND DAMAGES
Compromiseduringlitigationmaybeintheform
ofaconfessionofjudgment.
Q: What is the rule regarding compromise of

criminalliability?
A:
GR:notallowed
XPN: in case of crimes against chastity and

violationsoftheNationalInternalRevenueCode.
X.MISCELLANEOUSRULES
Damages Damages Damages

thatcannot thatmustco thatmust
coexist exist standalone
Nominal Exemplary Nominal
Damages Damages Damages
cannotco mustcoexist
existwith withMoral,
Exemplary Temperate,
Damages Liquidatedor
Compensator
yDamages
549

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A: No. Generally, laws provide for their own

B.PERSONSMADERESPONSIBLEFOROTHERS Q: Is the mother liable simultaneously with the

Q: What is the rule in vicarious liability of

supervision over the employees of the

cause of action is not anchored on quasidelict but

direct and primary (solidary),the

2. The service is to be rendered in employees.(LRTAv.Navidad,G.R.145804,Feb.6,

Q: When is a student considered in the custody V.PROXIMATECAUSE

2. created another force which remained Note:Thereisadifferentruleincaseofcollisionof

Q:Wheniscontactsaidtobeharmful? 3. the other is conscious of the

to the right of the landowner in good faith to

posttraumatic stress disorder, neurosis, psychosis, 3. TheRPCmakesacrimethe:

Q: Is a governmental agency or officer tasked RE:Malice:Thepresenceofprobablecausesignifies,

is not enough that the plaintiff is discharged on a

2.SELFDEFENSEANDDEFENSEOFOTHERS Note: A party claiming selfdefense must prove not

negligence,delayorviolationorcontraventionof 3. Social Value or Utility of Action Any

IX.SPECIALLIABILITYINPARTICULARACTIVITIES 2. Design defect defects resulting from

NOTE: A manufacturer is any person who

animals as long as the injured person BOOKIIDAMAGES

When the court is convinced that Liquidateddamagesarefrequently Exemplary or corrective damages

Mayberecoveredwhenthecourt If intended as a penalty in 1.Thattheclaimantisentitledto

Special Special Special

1. Property value at the time of

proper cases, damages for the loss of

of rape committed or effectively

10. ActionsreferredtoinArticles21,26, 2.INACTSREFERREDTOINARTS.21,26,27,28,

Q: What is the rule regarding compromise of

XPN: in case of crimes against chastity and

Damages Damages Damages

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