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TORTS NOTES – AQUINO

TORTS - It is an act or omission producing an injury to another, without any


previous existing lawful relation of which the said act or omission may be said to
be a natural outgrowth or incident.

Intentional torts include conduct where the actor desires to cause the
consequences of his act or believes the consequences are substantially certain to
result from it. Intentional torts include assault, battery, false imprisonment, defa-
mation, invasion of privacy and interference of property. Negligence, on the
other hand, involves voluntary acts or omissions which result in injury to others,
without intending to cause the same. The actor fails to exercise due care in
performing such acts or omissions. There is strict liability in tort where the
person is made liable independent of fault or negligence upon submission of
proof of certain facts.

PHILIPPINE TORT LAW

A. SOURCES.

a. Catch-all Provisions.

“Art. 19. Every person must, in the exercise of his rights and in the performance
of his duties, act with justice, give everyone his due, and observe honesty and
good faith.

Art. 20. Every person who, contrary to law, wilfully or negligently causes damage
to another, shall indemnify the latter for the same.

Art. 21. Any person who wilfully causes loss or injury to another in a manner that
is contrary to morals, good customs or public policy shall compensate the latter
for the damage.’’

b. Expanded Scope of Quasi-Delict.

“Culpa aquiliana includes voluntary and negligent acts which may be punishable
by law.’’

Criminal Negligence – a violation of the criminal law


Civil Negligence – “culpa aquiliana” or quasi-delict

ART. 2177 of the New Civil Code: “Responsibility for fault or negligence under
the preceding article is entirely separate and distinct from the civil liability arising
from negligence under the Penal Code. But the plaintiff cannot recover damages
twice for the same act or omission of the defendant.”

 acquittal from an accusation of criminal negligence, whether on reasonable


doubt or not, shall not be a bar to a subsequent civil action, not for civil liability
arising from criminal negligence, but for damages due to a quasi-delict or “culpa
aquiliana.’’
 The extinction of civil liability referred to in Par. (e) of Section 3, Rule 111,
refers exclusively to civil liability founded on Article 100 of the Revised Penal
Code, whereas the civil liability for the same act considered as a quasi-delict only
and not as a crime is not extinguished even by a declaration in the criminal case
that the criminal act charged has not happened.

PURPOSES OF TORT LAW


A. MAJOR PURPOSES.

B. BALANCING OF CONFLICTING INTERESTS

TORTS AND/OR PROVISIONS


INTERESTS PROTECTED
INVOLVED
PERSON
Freedom fro Contact Physical Injuries (Art. 32)
Quasi – Delict (Art. 2176)
Freedom from Distress Moral Damages (Art. 2217-2220)
DIGNITY
Reputation Defamation (Art. 33)
Privacy Violation of Privacy (Art. 26)
Freedom from Wrongful Actions Malicious Prosecution (Art. 20-21)
PROPERTY
Real Property Nuisance (Art. 694-770)
Quasi – Delict (Art. 2176)
ECONOMIC/PECUNIARY
Contracts Interference with Contractual Rights
(Art. 1314)
Freedom from Deception Fraud (Art. 33)

Amelioration