Torts/Quasi-delicts

TORTS/QUASI-DELICTS

A. ELEMENTS OF QUASI DELICT/TORTS

1. act or omission
2. damage or injury is caused to another
3. fault or negligence is present
4. there is no pre-existing contractual relations between the parties
5. causal connection between damage done and act/omission

B. DISTINGUISHED FROM OTHER SOURCES OF OBLIGATION:

CONTRACT QUASI DELICT DELICT
Vinculum Juris Contract Negligent act/ omission Act/omission committed by
(culpa, imprudence) means of dolo (deliberate,
malicious, in bad faith)

Proof Needed Preponderance of evidence Preponderance of evidence Proof beyond reasonable

Defense available Exercise of extraordinary
diligence (in contract of
carriage), Force Majeure
Pre-existing There is pre-existing contract
contract
Burden of proof Contractual party. Prove the
ff.:
1. existence of a contract
2. breach
doubt
Exercise of diligence of good
father of a family in the
selection and supervision of
employees
No pre-existing contract No pre-existing contract
Victim. Prove the ff.: Prosecution. Accused is
1. damage presumed innocent until the
2. negligence contrary is proved.
3. causal connection
between negligence and
damage done

C. CIVIL LIABILITY IN QUASI-DELICT vs. DELICT

DIFFERENCE QUASI-DELICT DELICT
Liability of Employer Solidary Subsidiary

Reservation Requirement Civil aspect of the quasi-delict is impliedly Civil aspect is Impliedly instituted with
instituted with criminal action, but under criminal action
2000 Crimpro Rules it is independent and
separate

Effect of judgement of Not a bar to recover civil damages Not a bar to recover civil damages
acquittal in a criminal EXCEPT when judgement pronounces that
case involving same the negligence from which damage arise is
act/omission non-existent

D. WHAT MUST BE PROVED

1. Negligence - In action for Quasi Delict, plaintiff must prove negligence of defendant
Exception:
a. In cases where negligence is presumed or imputed by law - this is only rebuttable/presumption juris tantum
b. Principle of res ipsa loquitur (the thing speaks for itself) - grounded on the difficulty in proving thru
competent evidence, public policy considerations
2. Damage/injury

3. Causal connection between negligence and damage (to be actionable) -Defendants negligence must be the
proximate cause of the injury sustained by the plaintiff to enable plaintiff to recover. Thus, if plaintiffs own
conduct is the cause of the injury there can be no recovery.
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*** If plaintiff's negligence is only contributory he is considered partly responsible only, may still recover
from defendant but must be reduced by the courts in proportion to his own negligence
Concept of proximate cause the adequate and efficient cause which in the natural order of events and
under the particular circumstances surrounding the case, would naturally produce the event

E. DEFENSES:
1. CONTRIBUTORY NEGLIGENCE - the theory here is that the plaintiff was also negligent together with
the defendant; to constitute a defense, proximate cause of injury/damage must be the negligence of
defendant
2. CONCURRENT NEGLIGENCE - the theory here is that both parties are equally negligent; the courts will
leave them as they are; there can be no recovery
3. DOCTRINE OF LAST CLEAR CHANCE - even though a persons own acts may have placed him in a
position of peril and an injury results, the injured is entitled to recover if the defendant thru the exercise of
reasonable care and prudence might have avoided injurious consequences to the plaintiff.
*** This defense is available only in an action by the driver or owner of one
vehicle against the driver or owner of the other vehicle involved.
Elements:
a. plaintiff was in a position of danger by his own negligence
b. defendant knew of such position of the plaintiff
c. defendant had the least clear chance to avoid the accident by exercise of ordinary care but failed to
exercise such last clear chance and
d. accident occurred as proximate cause of such failure

Who may invoke: plaintiff

Inapplicable to:
1. joint tortfeasors
2. defendants concurrently negligent
3. as against 3rd persons

4. EMERGENCY RULE a person is not expected to exercise the same degree of care when he is compelled
to act instinctively under a sudden peril because a person confronted with a sudden emergency may be left
with no time for thought and must make a speedy decision upon impulse or instinct
Applicable only to situations that are sudden and unexpected such as to deprive actor of all opportunity
for deliberation
But action must still be judged by the standard of the ordinary prudent man
Absence of forseeability

5. DOCTRINE OF ASSUMPTION OF RISK Volenti non fit injuria

Intentional exposure to a known danger
One who voluntarily assumed the risk of an injury from a known danger cannot recover in an action for
negligence or an injury is incurred
Plaintiffs acceptance of risk (by law/contract/nature of obligation) has erased defendants duty so that
his negligence is not a legal wrong
Applies to all known danger

6. DUE DILIGENCE diligence required by law/contract/depends on circumstances of persons, places,

things

7. FORTUITOUS EVENT - no person shall be responsible for those events which cannot be forseen, or which
through forseen were inevitable
Exception: assumption of risk

8. DAMNUM ABSQUE INJURIA a principle that involves damage without injury, therefore no liability is
incurred; there is no legal injury

9. LAW specific provision of law

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10. EXERCISE OF DILIGENCE OF GOOD FATHER OF FAMILY IN SELECTION

AND SUPERVISION OF EMPLOYEES

11. PRESCRIPTION
Injury to right of plaintiff/quasi delict - 4 years
Defamation - 1 year
*** When no specific provision, must be counted from the day they may be
brought

12. PROSCRIPTION AGAINST DOUBLE RECOVERY - Responsibility for fault or negligence under quasi-
delict is entirely separate and distinct from civil action arising from the RPC but plaintiff cannot recover
damages 2x for same act or omission of the defendant

13. ACT OR OMISSION IS NOT THE PROXIMATE CAUSE OF THE DAMAGE

14. OTHER GROUNDS MOTION TO DISMISS

a. lack of jurisdiction over person of defendant
b. lack of jurisdiction over subject matter
c. venue improperly laid
d. plaintiff has no legal capacity to sue
e. there is another action pending between same parties for same cause
f. cause of action is barred by prior judgement /statute of limitations
g. pleading asserting claim states no cause of action
h. claim set forth in pleading has been paid, waived, abandoned, extinguished
i. claim is unenforceable under the provision of statute of fraud
j. condition precedent for filing claim has not been complied with

F. PERSONS LIABLE FOR QUASI DELICT

1. TORTFEASOR - Whoever by act or omission causes damage to another, there being no fault or negligence is
obliged to pay for the damage done (art 2176).
2. PERSONS VICARIOUSLY LIABLE the obligation imposed in 2176 is demandable not only for ones own act
or omission but also for those persons for whom one is responsible (art 2180).
VICARIOUS LIABILITY law on imputed negligence; a person who himself is not guilty of
negligence is made liable for conduct of another
Reason:
1. public policy deeper pocket/capacity to pay
2. violation of duty on account of relationship he is negligent
a) PARENTS - The father, and in case of his death or incapacity, the mother are responsible for damage
caused by:
i. minor children
ii. who live in their company
Note: Father and Mother shall jointly exercise parental authority over common children. In case of
disagreement, father's decision shall prevail (art 211).
b) GUARDIANS - Guardians are liable for damages caused by the minor or incapacitated persons who are
i. under their authority &
ii. live in their company
c) OWNERS & MANAGERS OF ESTABLISHMENT/ENTERPRISE - Owners & managers of
establishment or enterprise are responsible for damages caused by their employees
i. in the service of the branches in which the latter are employed OR
ii. in occasion of their function

d) EMPLOYERS - Employers shall be liable for damages caused by their employees & household helpers
i. acting w/in the scope of their assigned task
ii. even though the former are not engaged in any business or industry (unlike in RPC
subsidiary liability of employer attaches in case of insolvency of employer for as long as the
employer is engaged in business/industry)

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Defenses available to employers:

i. exercise of due diligence ins election and supervision of employees
ii. act/omission was made outside working hours and in violation of
company's rules and regulations
e) STATE - The state is responsible when it acts through a special agent, but not when the same is caused by
an official to whom task done properly pertains in which case art 2176 is applicable
f) SCHOOLS, ADMINISTRATOR, TEACHER - Teachers or heads of establishments of arts & trades shall
be liable for damages caused by their
i. pupils, students & apprentices
ii. as long as they remain in their custody
Note:
Family Code, art 218 - The school, its administration & teachers or the individual, entity or institution
engaged in child care shall have special parental authority & responsibility over the minor child under their
supervision, instruction or custody (authority & responsibility shall apply to all authorized activities whether
inside or outside the premises or the school, entity or institution).

Family Code, art 219 - those given the authority & responsibility shall be solidarily & principally liable for
damages caused by act/omission of the unemancipated minor; parents, judicial guardian or person exercising
substitute parental authority over said minor shall be subsidiarily liable.

Difference between Articles 218 & 2180

Art 218 Art 2180
School, admin, teachers engaged in child care are Teachers, head of establishment in Arts and trades
made expressly liable are made expressly liable

Liability of school, admin, teachers is solidary and No such express solidary nor subsidiary liability is
parents are made subsidiary liable stated

Students involved must be minor Students involved not necessarily minor

Issues:
1. whether or not schools are liable?
gen rule: schools are not liable as party defendants
exception:
a) FC 218 schools are expressly made liable
b) St. Francis case ruling schools liability as employer
c) PSBA case ruling school has liability based on contract
So that
a) if culprit is a teacher, follow St. Francis ruling (sue school as employer)
b) if culprit is a stranger, follow PSBA ruling (sue school based on contract)
c) if culprit is a student - apply 2180
2. does 2180 apply to school of arts & trades only?
No. applies to all including academic institution per weight of jurisprudence based on obiter of Justice
JBL Reyes in the Exconde case
3. basis of liability of teacher principle of loco parentis (stand in place of parents)
4. so long as they remain in their custody
not literal anymore; before: boarding & living with teacher due to peculiar characteristic of
trade & arts school

as long as they are in the protective, supervisory capacity of teacher special parental
authority

3. PERSONS EXPRESSLY MADE LIABLE BY LAW (even without fault)

a. POSSESSOR OF AN ANIMAL OR WHOEVER MAKES USE OF THEM EVEN
IF THE ANIMAL IS LOST OR ESCAPED
Except:
1. Force majeure

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2. Fault of the injured/damaged person

b. OWNER OF MOTOR VEHICLE - In motor vehicle mishap, the owner is solidarily

liable with the driver if:
1. he was in the vehicle, and
2. could have through due diligence prevented the misfortune
c. MANUFACTURERS & PROCESSORS OF FOODSTUFFS, DRINKS, TOILET ARTICLES &
SIMILAR GOODS
- they are liable for death and injuries caused by any noxious or harmful
substances used although no contractual relation exists between them and
the consumers
d. DEFENDANT IN POSSESSION OF DANGEROUS WEAPONS OR SUBSTANCES, SUCH AS
FIREARMS AND POISON
- there is prima facie presumption of negligence on the part of defendant if
death or injury results from such possession
Exception: The possession or use thereof is indispensable in his occupation or business
e. PROVINCES, CITIES & MUNICIPALITIES
- shall be liable for damages for the death or injuries suffered by any person by reason of the defective
condition of roads, streets, bridges, public buildings, and other public works under their control or
supervision
f. PROPRIETOR OF BUILDING OR STRUCTURE
- responsible for the damages resulting from any of the ff.:
i. total or partial collapse of building or structure if due to lack of
necessary repairs
ii. explosion of machinery which has not been taken cared of with due diligence, and the
inflammation of explosive substances which have not been kept in a safe and adequate
place
iii. by excessive smoke, which may be harmful to persons or property
iv. by falling of trees situated at or near highways or lanes, if not caused by force majeure
v. by emanations from tubes, canals, sewers or deposits of infectious matter, constructed
without precautions suitable to the place
g. ENGINEER, ARCHITECT OR CONTRACTOR
- if damage of building or structure is caused by defect in construction which
happens within 15 years from construction; action must be brought within 10
years from collapse
h. HEAD OF FAMILY THAT LIVES IN A BUILDING OR PART THEREOF
- liable for damages caused by things thrown or falling from the same

G. SPECIAL TORTS
1. Art 19, 20, 21 (catch-all provision)
a. ABUSE OF RIGHTS (Art 19)
ELEMENTS:
i. There is a legal right or duty
ii. Which is exercised in bad faith
iii. For the sole intent of prejudicing or injuring another
b. GENERAL SANCTION (Art. 20)
- for all other provisions of law which do not especially provide their own sanction
ELEMENTS:
i. In the exercise of his legal right or duty
ii. Willfully or negligently causes damage to another

c. CONTRA BONUS MORES (ART 21)

ELEMENTS:
i. There is an act which is legal
ii. But which is contrary to morals, good custom, public order or public policy
iii. And it is done with intent to injure

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2. UNJUST ENRICHMENT
- Arts. 22, 23, 2142 & 2143

3. OSTENTATIOUS DISPLAY OF WEALTH

- Art. 25; thoughtless extravagance for pleasure or display during a period of public want or emergency

4. VIOLATION OF RIGHT OF PRIVACY AND FAMILY RELATIONS

Art 26 - every person shall respect the dignity, personality, privacy and peace of
mind of his neighbors and other persons.

The ff. acts though they may not constitute a criminal offense, shall produce a cause of action for damages,
prevention and other relief:
i. prying into the privacy of another's residence
iii. meddling with or disturbing the private life or family relations of
another
iii. intriguing to cause another to be alienated from his friends
iv. vexing or humiliating another on account of his religious beliefs, lowly station in life.
Place of birth, physical defect, or other personal condition

5. DERELICTION OF OFFICIAL DUTY OF PUBLIC OFFICERS

- May be brought by any person suffering from material or moral loss because a public servant refuses
or neglects, without just cause to perform his official duty (art 27).
REQUISITES:
a. defendant is a public officer charged with the performance of a duty in favor of the plaintiff
b. he refused or neglected without just cause to perform such duty (ministerial)
c. plaintiff sustained material or moral loss as consequence of such non-performance
d. the amount of such damages, if material

5. UNFAIR COMPETITION
- Unfair competition in agricultural, commercial or industrial enterprises or in labor through the use of force,
intimidation, deceit. Machination or other unjust, oppressive or highhanded method (Art 28)

7. MALICIOUS PROSECUTION
ELEMENTS;
a. that the defendant was himself the prosecutor/ he instigated its commencement
b. that it finally terminates in his acquittal
c. that in bringing it the prosecutor acted without probable cause, and
d. that he was actuated by legal malice, that is, by improper and sinister motive

8. VIOLATION OF RIGHTS AND LIBERTIES OF ANOTHER PERSON

9. NUISANCE
a. DEFINITION - any act, omission, establishment, condition of property, or anything else which:
i. injures or endangers the health or safety to others, or
ii. annoys or offends the senses, or
iii. shocks, defies, or disregards decency or morality, or
iv. obstructs or interferes with the free passage of any public highway or streets, or any body of water
v. hinders or impairs use of property

b. KINDS:

NUISANCE PER SE - denounced as nuisance by common law or by statute

NUISANCE PER ACCIDENS - those which are in their nature not nuisances, but may become so by
reason of their locality, surroundings, or the manner in which they may be conducted, managed, etc.

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PUBLIC - affects a community or neighborhood or any considerable number of persons

REMEDIES AGAINST PUBLIC NUISANCES
1. Prosecution under the RPC or any local ordinance
2. Civil action
3. Abatement, without judicial proceeding

WHO MAY AVAIL OF REMEDIES

1. Public officers
2. Private persons - if nuisance is specially injurious to himself; the ff. steps
must be made:
i. demand be first made upon owner or possessor of the property to abate the nuisance
ii. that such demand has been rejected
iii. that the abatement be approved by the district health officer and executed with the
assistance of local police
iv. that the value of destruction does not exceed P3,000

PRIVATE - one that is not included in the foregoing definition; affect an individual
or a limited number of individuals only

REMEDIES AGAINST PRIVATE NUISANCES

(1). Civil action
(2). Abatement, without judicial proceedings

WHO MAY AVAIL OF REMEDIES

(1). Public officers
(2). Private persons - if nuisance is specially injurious to himself; the ff.
steps must be made:
i. demand be first made upon owner or possessor of the property to
abate the nuisance
ii. that such demand has been rejected
iii. that the abatement be approved by the district health officer and executed with the
assistance of local police
iv. that the value of destruction does not exceed P3,000

b. DOCTRINE OF ATTRACTIVE NUISANCE

- a class of cases within the general rule that one is liable for the injury resulting to another from failure to
exercise the degree of care commiserate with the circumstances
the attractiveness of the premises or of the dangerous instrumentality to children of tender
years is to be considered as an implied invitation, which takes the children who accepted it out
of the category of a trespasser and puts them in the category of invitees, towards whom the
owner of the premises or instrumentality owes the duty of ordinary care

H. DAMAGES
Kinds of Damages: (MENTAL)
MORAL
EXEMPLARY
NOMINAL
TEMPERATE
ACTUAL
LIQUIDATED

1. ACTUAL/COMPENSATORY
- adequate compensation for
a) the value of loss suffered
b) profits which obligee failed to obtain
Exception:

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a. provided by law
b. by stipulation

WHAT MUST BE DONE TO COLLECT ACTUAL DAMAGES:

1.) Plead or allege the loss
GENERAL DAMAGE - natural, necessary and logical consequences of a particular wrongful act
which result in injury; need not be specifically pleaded because the law itself implies or presumes
that they resulted from the wrongful act
SPECIAL DAMAGES - damages which are the natural, but not the
necessary and inevitable result of the wrongful act; need to be pleaded
2.) Pray for the relief that claim for loss be granted
3.) Prove the loss

WHEN LOSS NEED NOT BE PROVED:

1.) Liquidated damages previously agreed upon; liquidated damages take the place of actual damages
except when additional damages incurred
2.) If damages other than actual are sought
3.) Loss is presumed (ex: loss if a child or spouse)
4.) Forfeiture of bonds in favor of the government for the purpose of promoting public interest or
policy (ex: bond for temporary stay of alien)

CONTRACTS & QUASI CONTRACTS

1. Damages in case of Good faith -
a. Natural and probable consequence of breach of obligation, and
b. Parties have forseen or could have reasonably forseen at time obligation was constituted
2. Damages in case of bad faith
a. it is sufficient that damages may be reasonably attributed to the non-performance of the obligation

CRIMES & QUASI-CRIMES

defendant is liable for all damages that are natural and probable consequence of the act/omission
complained of
not necessary that damages have been forseen or could have been reasonably forseen

a) VALUE OF LOSS SUFFERED - Destruction of things, fines or penalties,

medical & hospital bills, attorney's fees, interests, cost of litigation
Damages recoverable:
1. Medical & Hospital Bills
2. Loss or impairment of earning capacity (in case of physical disability)
3. Damages for death
a) Minimum amount: P50,000
b) Loss of earning capacity unless deceased had permanent physical disability not caused by
defendant so that deceased had no earning capacity at time of death
c) Support, if deceased was obliged to give support (for period not more than 5 years)
d) Moral damages

4. Attorney's fees
- as a general rule, attorney's fees (other than judicial costs) are not recoverable, except:
a) stipulation between parties
b) when exemplary damages are awarded
c) when defendant's act/omission compelled plaintiff to litigate with 3 rd persons or incur expenses to
protect his interest
d) malicious prosecution
e) clearly unfounded civil action or proceeding against plaintiff
f) defendant acted in gross & evident bad faith in refusing to satisfy plaintiff's just & demandable
claim
g) legal support actions
h) recovery of wages of household helpers, laborers & skilled workers
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i) actions for indemnity under workmen's compensation and employer liability laws
j) separate civil action to recover civil liability arising from crime
k) when double judicial costs are awarded
5. Judicial costs
6. interest
- discretionary on part of the court

b) UNREALIZED PROFITS - future earnings

WHEN IS DAMAGES MITIGATED:

1. Contributory negligence
2. In contracts. Quasi-contracts and quasi-delict -
a. plaintiff has contravened the terms of contract
b. plaintiff derived some benefit as result of contract
c. in case where exemplary damages are to be awarded, that the defendant acted upon the advise of
counsel
d. that the loss would have resulted in any event
e. that since the filing of the action, the defendant has done his best to lessen the plaintiff's loss or
injury

2. MORAL DAMAGES - (PBMF-MWSS)

a. Physical suffering
b. Besmirched reputation
c. Mental anguish
d. Fright
e. Moral shock
f. Wounded feelings
g. Social humiliation
h. Serious anxiety
Notes:
Sentimental value of real or personal property may be considered in adjudicating moral damages
The social and economic/financial standing of the offender and the offended party should be taken into
consideration in the computation of moral damages
Moral damages is awarded only to enable the injured party to obtain means, diversions or amusements
that will serve to alleviate the moral suffering he has undergone, by reason of defendant's culpable
action and not intended to enrich a complainant at the expense of defendant

IN WHAT CASES MAY MORAL DAMAGES BE RECOVERED (enumeration not exclusive):

a. Criminal offense resulting in physical injuries
b. Quasi-delicts causing physical injuries
c. Seduction, abduction, rape or other acts of lasciviousness
d. Adultery and concubinage
e. Illegal or arbitrary detention or arrest
f. Illegal search
g. Libel, slander or other form of defamation
h. Malicious prosecution
i. Acts mentioned in art 309 of the RPC relating to disrespect of the dead and interference with funeral
j. Acts and actions referred to in arts 21, 26, 27, 28, 29, 30, 32, 34 and 35
k. The parents of the female seduced, abducted, raped, or abused
l. Spouse, descendants, ascendants and brother and sisters for acts mentioned in art 309
m. Art 2220 - in cases of willful injury to property or breaches of contract where defendant acted
fraudulently or in bad faith

3. NOMINAL DAMAGES
- adjudicated in order that a right of the plaintiff, which has been violated or invaded by the defendant, may be
vindicated or recognized, and not for the purpose of indemnifying the plaintiff for any loss suffered by him

ELEMENTS:
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a. Plaintiff has a right

b. Right of plaintiff is violated
c. Purpose is not to identify but vindicate or recognize right violated

4. TEMPERATE OR MODERATE DAMAGES

- more than nominal but less than compensatory where some pecuniary loss has been suffered but its amount can't be
proved with certainty due to the nature of the case

REQUISITES:
a. Some pecuniary loss
b. Loss is incapable of pecuniary estimation
c. Must be reasonable

5. LIQUIDATED DAMAGES
- those agreed upon by the parties to a contract, to be paid in case of breach thereof

WHEN LIQUIDATED DAMAGES MAY BE EQUITABLY REDUCED:

a. iniquitous or unconscionable
b. partial or irregular performance

6. EXEMPLARY OR CORRECTIVE DAMAGE

- imposed by way example or correction for the public good, in addition to the moral, temperate, liquidated to
compensatory damages

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