Torts San Beda PDF

San Beda College of Law
215
MEMORY AID IN CIVIL LAW
TORTS AND DAMAGES
I. TORTS A. NEGLIGENT TORTS
TORT  Involve voluntary acts or omissions

 An unlawful violation of private which result in injury to others
right, not created by contract, without intending to cause the same
and which gives rise to an action or because the actor fails to exercise
for damages. due care in performing such acts or
 It is an act or omission producing omissions.
an injury to another, without any
previous existing lawful relation
of which the said act or omission NEGLIGENCE
may be said to be a natural
outgrowth or incident.  The omission of that degree of
diligence which is required by the
NOTES: nature of the obligation and
corresponding to the circumstances
 An unborn child is NOT of persons, time and place. (Article
entitled to damages. But 1173 Civil Code)
the bereaved parents
may be entitled to Kinds of Negligence:
damages, on damages 1. Culpa Contractual (contractual
inflicted directly upon negligence)
them. (Geluz vs. CA, 2  Governed by CC
SCRA 802) provisions on
 Defendants in tort cases Obligations and
can either be natural or Contracts,
artificial being. particularly Arts.
Corporations are civilly 1170 to 1174 of the
liable in the same Civil Code.
manner as natural
persons. 2. Culpa Aquiliana (quasi-delict)
 Any person who has been  Governed mainly by Art. 2176 of the
injured by reason of a Civil Code
tortious conduct can sue
the tortfeasor. 3. Culpa Criminal (criminal negligence)
 The primary purpose of a  Governed by Art. 365 of the Revised
tort action is to provide Penal Code.
compensation to a
person who was injured NOTES:
by the tortious conduct  The 3 kinds of negligence furnish
of the defendant. separate, distinct, and independent
 Preventive remedy is bases of liability or causes of action.
available in some cases.  A single act or omission may give rise
to two or more causes of action.
Classes of Torts:
A. Negligent Torts
B. Intentional Torts Culpa Contractual Culpa Aquiliana
C. Strict Liability
CIVIL LAW COMMITTEE

 CHAIRPERSON: Romuald Padilla  ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad  EDP: Alnaiza Hassiman, Dorothy Gayon
 SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
216
The foundation of It is a separate  If not then he is guilty of

the liability of the source of obligation negligence.
defendant independent of 2. Could a prudent man, in the case
is the contract contract
under consideration, foresee harm as
In breach of contract In quasi-delict the
a result of the course pursued?
committed through presumptive
the negligence of responsibility for the  If so, it was the duty of the actor
employee, the negligence of his to take precautions to guard
employer cannot servants can be against harm.
erase his primary and rebutted by proof of
direct liability by the exercise of due NOTES:
invoking exercise of care in their selection
diligence of a good and supervision.
 Negligence is a conduct - the
father of a family in determination of the existence of
the selection and negligence is concerned with what
supervision of the the defendant did or did not do
employee.  The state of mind of the actor is
not important; good faith or use of
Culpa Aquiliana Crime sound judgment is immaterial. The
Only involves private Affect the public existence of negligence in a given
concern interest case is not determined by reference
The Civil Code by The Revised Penal to the personal judgment but by the
means of indem- Code punishes or behavior of the actor in the situation
nification merely corrects criminal act before him. (Picart vs. Smith)
repairs the damage
Includes all acts in Punished only if there  Negligence is a conduct that creates
which any kind of is a penal law clearly an undue risk of harm to others.
fault or negligence covering them  The determination of negligence is a
intervenes question of foresight on the part of
Liability of the the actor – FORESEABILITY.
Liability is direct and employer of the
primary in quasi- actor-employee is  Even if a particular injury was
delict subsidiary in crimes not foreseeable, the risk is still
foreseeable if possibility of
QUASI-DELICT injury is foreseeable.
 Whoever by act or omission causes  Forseeability involves the
damage to another, there being fault question of PROBABILITY, that is,
or negligence is obliged to pay for the existence of some real
the damage done. (Article 2176 Civil likelihood of some damage and
Code) the likelihood is of such
appreciable weight reasonably to
induce, action to avoid it.
Essential Requisites for a quasi-
delictual action:
1. Act or omission constituting fault or Calculation of Risk
negligence;  Interests are to be balanced only in
2. Damage caused by the said act or the sense that the purposes of the
omission; and actor, the nature of his act and the
3. Causal relation between the damage harm that may result from action or
and the act or omission. inaction are elements to be
considered.
Tests of Negligence
1. Did the defendant in doing the Circumstances to consider in
alleged negligent act use the determining negligence: (PEST-GAP)
reasonable care and caution which 1. Time
an ordinarily prudent person would 2. Place
have used in the same situation? 3. Emergency
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John Stephen
Purganan(LTD),
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 Emergency rule care and precaution in the

GENERAL RULE: An individual who commission of such acts.
suddenly finds himself in a situation
of danger and is required to act NOTES:
without much time to consider the  The law fixes no arbitrary age at
best means that may be adopted to which a minor can be said to have
avoid the impending danger is not the necessary capacity to understand
guilty of negligence if he fails to and appreciate the nature and
undertake what subsequently and consequence of his acts. (Taylor vs.
upon reflection may appear to be a Meralco, 16 Phil 8)
better solution.  Applying the provisions of the
EXCEPTION: When the emergency Revised Penal Code, Judge Sangco
was brought by the individual’s own takes the view that a child who is 9
negligence. (Valenzuela vs. CA 253 or below is conclusively presumed to
SCRA 303). be incapable of negligence. In the
4. Gravity of Harm to be other hand, if the child is above 9
avoided years but below 15, there is a
5. Alternative Course of Action disputable presumption of absence
 If the alternative of negligence.
presented to the actor is too
costly, the harm that may result
 Absence of negligence does not
necessarily mean absence of
may be still be considered
liability.
unforeseeable to a reasonable
man.  Liability without fault: a child under
6. Social value or utility of 9 years can still be subsidiarily liable
activity with his property (Art. 100, RPC)
7. Person exposed to the risk  Absence of negligence of the child
may not excuse the parents from
GOOD FATHER OF A FAMILY (pater their vicarious liability under Art.
familias): 2180 NCC or Art. 221 FC.
- this is the standard of conduct used in
the Philippines 2. Physical Disability
- a man of ordinary intelligence and  Mere weakness of a person will
prudence or an ordinary reasonable not be an excuse in negligence
prudent man cases.
a reasonable man deemed to have  However if defect amounts to a
knowledge of the facts that a man should real disability the standard of
be expected to know based on ordinary conduct is that of a reasonable
human experience. (PNR vs IAC, 217 person under like disability.
SCRA 409)
- a prudent man who is expected to know 3. Experts and professionals
the basic laws of nature and physics, e.g.  They should exhibit the care and
gravity. skill of one who is ordinarily
skilled in the particular field that
SPECIAL RULES he is in.
1. Children  When a person holds himself out
 The action of the child will not as being competent to do things
necessarily be judged according to requiring professional skill, he
the standard of an adult. But if the will be held liable for negligence
minor is mature enough to if he fails to exhibit the care and
understand and appreciate the skill of one ordinarily skilled in
nature and consequence of his the particular work which he
actions, he will be considered attempts to do.
negligent if he fails to exercise due
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John Stephen
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 An expert will not be judged a.Where one of two innocent persons

based on what a non-expert can must suffer a loss, it should be
foresee. borne by the one who occasioned
 The rule regarding experts is it.
applicable not only to b. To induce those interested in the
professionals who have estate of the insane person to
undergone formal education. restrain and control him.
c.The fear that an insanity would
4. Nature of activity lead to false claims of insanity
 There are activities which by and avoid liability.
nature impose duties to exercise
a higher degree of diligence. 7. Women
Examples:  In determining the
a. Banks, by the very question of contributory
nature of their work, are negligence in performing
expected to exercise the such act, the age, sex,
highest degree of and condition of the
diligence in the selection passengers are
and supervision of their circumstances
employees. necessarily affecting the
b. Common carriers are safety of the passenger,
required to exercise and should be
extraordinary diligence considered. (Cangco vs.
in the vigilance over Manila Railroad Co. GR
their passengers and No.12191, October 14,
transported goods. 1918)
(Article 1733 Civil Code).  Although there is no
unequivocal statement of
5. Intoxication the rule, Valenzuela vs.
GENERAL RULE: Mere intoxication is CA 253SCRA303 appears
not negligence, nor does the mere fact to require a different
of intoxication establish want of ordinary standard of care for
care. But it may be one of the women under the
circumstances to be considered to prove circumstances indicated
negligence. therein.
EXCEPTION: Under Art. 2185 of the  However, Dean Guido
Civil Code, it is presumed that a person Calabresi believes that
driving a motor vehicle has been there should be a
negligent if at the time of the mishap, uniform standard
he was violating any traffic regulation. between a men and a
women.
6. Insanity
 The insanity of Other Factors to Consider in
a person does Determining Negligence:
not excuse him A. VIOLATION OF RULES AND
or his guardian STATUTES
from liability 1. Statutes
based on quasi- GENERAL RULE: Violation of a
delict. statutory duty is NEGLIGENCE PER SE
 Bases for (Cipriano vs. CA, 263SCRA711). When the
holding an Legislature has spoken, the standard of
insane person care required is no longer what a
liable for his reasonably prudent man would do under
tort:
CIVIL LAW COMMITTEE
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John Stephen
Purganan(LTD),
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the circumstances but what the B. PRACTICE AND CUSTOM

Legislature has commanded.  Compliance with the practice and
EXCEPTIONS: custom in a community will not
a. When unusual conditions automatically result in a finding
occur and strict observance may that the actor is not guilty of
defeat the purpose of the rule and negligence. Non-compliance with
may even lead to adverse results. the practice or custom in the
b. When the statute community does not necessarily
expressly provides that violation of mean that the actor was negligent.
a statutory duty merely establishes
 In Yamada vs. Manila Railroad Co.,
a presumption of negligence.
the owner of an automobile struck
by a train while crossing the tracks
NOTE: Rule as to proof of proximate
sought to establish absence of
cause
negligence of its driver by
GENERAL RULE: Plaintiff must show evidence of a custom of
that the violation of the statute is the automobile drivers of Manila by
proximate or legal cause of the injury which they habitually drove their
or that it substantially contributed cars over the railroad crossings
thereto. (Sanitary Steam Laundry, Inc. without slackening speed. The SC
vs. CA 300SCRA20) rejected the argument by ruling
EXCEPTION: In cases where the that: a practice which is dangerous
damage to the plaintiff is the damage to human life cannot ripen into
sought to be prevented by the statute. custom which will protect anyone
In such cases, proof of violation of who follows it.
statute and damage to the plaintiff
may itself establish proximate cause. C. COMPLIANCE WITH STATUTES
(Teague vs. Fernandez 51SCRA181).  Compliance with a statute is not
conclusive that there was no
2.Administrative Rule negligence.
 Violation of a
rule  Example: A defendant can still be
promulgated held liable for negligence even if
by he can establish that he was
administrative driving below the speed limit.
agencies is not Compliance with the speed limit is
negligence per not conclusive that he was not
se but may be negligently driving his car.
EVIDENCE OF
NEGLIGENCE. Gross Negligence - Negligence where
there is “want of even slight care and
3.Private Rules of Conduct. diligence.”
 Violation of
PROOF OF NEGLIGENCE
rules imposed
by private GENERAL RULE:
individuals  If the plaintiff alleged in his
(e.g. complaint that he was damaged
employers) is because of the negligent acts of
merely a the defendant, the plaintiff has
POSSIBLE the burden of proving such
EVIDENCE OF negligence. (Taylor vs.
NEGLIGENCE. MERALCO 16Phil8)
 The quantum of proof required is
preponderance of evidence.
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John Stephen
Purganan(LTD),
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(Rule 133 Revised Rules of

Court) B. Res Ipsa Loquitur
EXCEPTIONS: Exceptional cases when  “The thing or transaction speaks
the rules or the law provides for cases for itself.”
when negligence is presumed.  It is a rule of evidence peculiar
A. Presumptions of Negligence to the law of negligence which
B. Res Ipsa Loquitur recognizes that prima facie
negligence may be established in
A. Presumptions of Negligence the absence of direct proof, and
1. In motor vehicle furnishes a substitute for specific
mishaps, the owner is proof of negligence.
presumed negligent if he
was in the vehicle and he
could have used due
diligence to prevent the
misfortune. (Article 2184
Civil Code) Requisites of Res Ipsa Loquitor:
2. It is disputably presumed 1. The accident was of a kind which
that a driver was ordinarily does not occur in the
negligent if he had been absence of someone’s negligence;
found guilty of reckless 2. The instrumentality which
driving or violating caused the injury was under the
traffic regulations at exclusive control and management of
least twice for the next the person charged with negligence;
preceding two months. and
(Article 2184 Civil Code) 3. The injury suffered must not
3. The driver of a motor have been due to any voluntary
vehicle is presumed action or contribution on the part of
negligent if at the time the person injured; absence of
of the mishap, he was explanation by the defendant.
violating any traffic
regulation. (Article 2185  In Africa vs. Caltex (Phil.) Inc.
Civil Code) Mar 31, 1966, defendant Caltex
4. GENERAL RULE: Prima was liable for damage done to
facie presumption of the property of its neighbors
negligence of the when fire broke out in a Caltex
defendant arises if death service station. The gasoline
or injury results from his station, with all its appliances,
possession of dangerous equipment and employees, was
weapons or substance. under the control of the
EXCEPTION: When such possession or defendant. The persons who
use is indispensable to his occupation or knew how the fire started were
business. (Article 2188 Civil Code) the defendant and its
5. GENERAL RULE: employees, but they gave no
Presumption of explanation whatsoever.
negligence of the  The doctrine is not applicable if
common carrier arises in there is direct proof of absence
case of loss, destruction or presence of negligence. (S.D.
or deterioration of the Martinez, et al vs. William Van
goods, or in case of Buskirk)
death or injury of
passengers.
EXCEPTION: Upon proof of exercise of
extraordinary diligence.
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John Stephen
Purganan(LTD),
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AFFIRMATIVE DUTIES AND GENERAL RULE: The owner has no duty

MISCELLANEOUS ACTIVITIES: to take reasonable care towards a
1. Duty to Rescue trespasser for his protection or even to
A. Duty to the rescuer protect him from concealed danger.
 The defendants are liable for NOTE: Damage to any person resulting
the injuries to persons who from the exercise of any rights of
rescue people in distress ownership is damage without injury
because of the acts or (Damnum absque injuria)
omissions of the said
defendants. EXCEPTIONS:
 There is liability to the a. Visitors and tolerated possession
rescuer and the law does not  The owner is still liable if the
discriminate between the plaintiff is inside his property by
rescuer oblivious to the peril tolerance or by implied permission.
and the one who counts the  Owners of buildings or
costs. premises owe duty of care to
 The risk of rescue, if only not visitors.
wanton, is born of the Doctrine of Attractive Nuisance
occasion. One who maintains on his premises
 One who was hurt trying to dangerous instrumentalities or
rescue another who was appliances of a character likely to
injured through negligence attract children in play, and who
may recover damages. fails to exercise ordinary care to
(Santiago vs. De leon CA-GR prevent children from playing
No.16180-R March 21, 1960) therewith or resorting thereto, is
 Danger of personal injury or liable to a child of tender years who
death. is injured thereby, even if the child
is technically a trespasser in the
premises.
NOTE: A swimming pool or pond or
reservoir of water is NOT considered
attractive nuisance. (Hidalgo
B. Duty to rescue Enterprises vs. Baladan 91 Phil 488)
GENERAL RULE: There is no general State of Necessity
duty to rescue; a person is not liable for The owner of a thing has no right to
quasi-delict even if he did not help a prohibit the interference of another
person in distress. with the same if the interference is
necessary to avert imminent danger
EXCEPTIONS: A limited duty to rescue
and the threatened damage,
is imposed in certain cases:
compared to the damage arising to
Abandonment of persons in danger and
the owner from the interference, is
abandonment of one’s own victim is
much greater. (Article 432 Civil
considered, under certain circumstances
Code)
as a crime against security (Article 275
RPC); and  It is also a recognized justifying
No driver of a motor vehicle concerned circumstance under the RPC.
in a vehicular accident shall leave the  In both the Civil Code and the
scene of the accident without aiding the RPC, the owner may demand from
victim unless he is excused from doing the person benefited, indemnity for
so. (Section 55 RA 4136 [Land the damages.
Transportation and traffic Code])
Use of properties that injures another
2. Owners, Proprietors and Possessors  An owner cannot use his property
of Property in such a manner as to injure the
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rights of others. (Article 431  Employees are bound to exercise due

Civil Code). care in the performance of their
 Hence the exercise of the right functions for the employers; absence
of the owner may give rise to an such due care, the employee may be
action based on quasi-delict if held liable.
the owner negligently exercises
such right to the prejudice of 4. Banks
another.
 The business of banks is one
affected by public interest.
Liability of Proprietors of buildings
Because of the nature of its
 New Civil Code include provisions functions, a bank is under
that apply to proprietors of a obligation to treat the
building or structure which accounts of its depositors with
involve affirmative duty of due meticulous care, always
care in maintaining the same: having in mind the fiduciary
Articles 2190 and 2191. nature of their relationship.
 Third persons who suffered (PBC vs. CA [1997])
damages may proceed only
against the engineer or architect 5. Common carriers
or contractor if the damage  From the nature of their
referred to in Articles 2190 and business and for reasons of
2191should be a result of any public policy, they are bound
defect in construction. to exercise extraordinary
 Nevertheless, actions for diligence in the vigilance over
damages can still be maintained the goods and the safety of the
under Article 2176 for damages passengers.
resulting from proprietor’s  The case against the common
failure to exercise due care in carrier is for the enforcement
the maintenance of his building of an obligation arising from
and that he used his property in breach of contract.
such a way that he injured the
property of another.  The same act which breached
the contract may give rise to
3. Employers and Employees an action based on quasi
A. Employers delict. (Air France vs
 Actions for quasi-delict can Carrascoso, L21438, Sept. 28,
still be maintained even if 1996)
employee’s compensation is provided
for under the Labor Code. 6. Doctors
A. STANDARD OF CARE
 In quasi-delictual actions
against the employer, the employee  The proper standard is
may use the provisions of the Labor whether, the physician if a
Code which imposes upon the general practitioner, has
employer certain duties with respect exercised the degree of care
to the proper maintenance of the and skill of the average
work place or the provisions of qualified practitioner, taking
adequate facilities to ensure the into account the advances in
safety of the employees. the profession.
 Articles 1711 and 1712 of  A physician who holds himself
the Civil Code impose liability out as a specialist should be
without fault on the part of the held to the standard of care
employers. and skill of the average
member of the profession
B. Employees practicing the specialty, taking
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into account the advances in  Four elements

the profession. in medical
negligence
B. THE CAPTAIN OF THE SHIP DOCTRINE cases: duty,
 The head surgeon is made breach, injury
liable for everything that goes and proximate
wrong within the four corners causation
of the operating room.
 It enunciates the liability of E. LIABILITY OF HOSPITALS AND
the surgeon not only for the CONSULTANTS
wrongful acts of those under  There is no employer-employee
his physical control but also relationship between the
those wherein he has extension hospital and a physician
of control. admitted in the said hospital’s
C. NOT WARRANTORS medical staff as an active or
 Physicians are not warrantors visiting consultant which would
of cures or insurers against hold the hospital liable solidarily
personal injuries or death of liable for the injury suffered by a
the patient. patient under Article 2180 of the
Civil Code. (Ramos vs. CA GR No
D. PROOF 124354, April 11, 2002)
 Expert testimony should be  The contract between the
offered to prove that the consultant and the patient is
circumstances are constitutive separate and distinct the
of conduct falling below the contract between the hospital
standard of care employed by and the patient. The first has
other physicians in good for its object the rendition of
standing when performing the medical services by the
same operation. consultant to the patient, while
 Medical malpractice can also the second concerns the
be established by relying on provision by the hospital of
the doctrine of res ipsa facilities and services by its staff
loquitor; in which case the such as nurses and laboratory
need of expert testimony is personnel necessary for the
dispensed with because the proper treatment of the patient.
injury itself provides the proof (Ramos vs. CA GR No 124354,
of negligence. (Ramos vs. CA, April 11, 2002)
GR No.124354, December 29,
1999) 7. Lawyers
 Example: The doctrine was  An attorney is not bound to
applied in a case of removal of exercise extraordinary
the wrong part of the body diligence but only a reasonable
when another part was degree of care and skill, having
intended. reference to the business he
undertakes to do.
 Two pronged evidence:
a. Evidence as to the DEFENSES IN NEGLIGENCE CASES
recognized standards of the medical Kinds of defenses:
community in the particular kind of A. Complete – completely bars
case; and recovery
b. A showing that the B. Partial – mitigates liability
physician departed from this
standard in his treatment. 1. PLAINTIFFS CONDUCT AND
CONTRIBUTORY NEGLIGENCE
CIVIL LAW COMMITTEE
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John Stephen
Purganan(LTD),
224
a. Plaintiffs own  The defendant will be

negligence as the proximate subject to mitigated liability even if
cause the plaintiff was not himself
 When the plaintiffs own personally negligent but because the
negligence was the immediate and negligence of another is imputed to
proximate cause of his injury, he the plaintiff.
cannot recover damages. (Article  It is applicable if the
2179 Civil Code) negligence was on the part of the
b. Contributory person for whom the plaintiff is
negligence responsible, and especially, by
 Conduct on the part of the negligence of an associate in the
injured party contributing as a transaction where he was injured.
legal cause to the harm he has
suffered which falls below the 3. FORTUITOUS EVENTS
standard to which he is required to  Essential requisites:
conform for his own protection. a.The cause of the unforeseen and
(Valenzuela vs. CA 253SCRA303) unexpected occurrence, or of the
failure of the debtor to comply
 If the plaintiffs negligence was with his obligation, must be
only contributory, the immediate independent of the human will;
and proximate cause of the injury b. It must be impossible to
being the defendant’s lack of due foresee the event which
care, the plaintiff may recover constitutes the “caso fortuito,” or
damages but the courts shall if it can be foreseen, it must be
mitigate the damages to be impossible to avoid;
awarded (Article 2179 Civil Code).
 Doctrine of Comparative
c. The occurrence must be such as
to render it impossible for the
Negligence
debtor to fulfill his obligation in a
 The normal manner; and
relative degree of negligence of d. The obligor must be free
the parties is considered in from any participation in the
determining whether and to what aggravation of the injury resulting
degree, either should be to the creditor.
responsible for his negligence NOTE: When an act of God concurs
(apportionment of damages). with the negligence of defendant to
 This is produce an injury, the defendant is
the doctrine being applied in our liable if the injury would not have
jurisdiction wherein the resulted but for his own negligent
contributory negligence of the conduct or omission. The whole
plaintiff does not completely bar occurrence is humanized and removed
recovery but merely results in from the rules applicable to acts of
mitigation of liability; it is a partial God. (NAPOCOR vs. CA [1993])
defense. GENERAL RULE: It is a complete
 The defense and a person is not liable if
court is free to determine the the cause of the damage is a fortuitous
extent of the mitigation of the event.
defendant’s liability depending EXCEPTION: It is merely a partial
upon the circumstances. defense and the courts may mitigate
the damages if the loss would have
2. IMPUTED CONTRIBUTORY resulted in any event (Art. 2215(4)
NEGLIGENCE Civil Code).
 Negligence is imputed if the
actor is different from the person 4. ASSUMPTION OF RISK
who is being made liable.
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 Volenti non fit injuria: One is not from the defendant who maintained
legally injured if he has consented such dangerous conditions.
to the act complained of or was  Example: A person who main-
willing that it should occur. tained his house near a railroad track
 It is a complete defense. assumes the usual dangers attendant
 Elements: to the opera-tion of a locomotive.
(Rodrigueza vs. Manila Railroad Co.,
GR No. 15688, Nov. 19, 1921).
a. The plaintiff must know that
the risk is present;
b. He must further understand ii. Contractual Relations
its nature; and that
c. His choice to incur it is free  There may be implied
and voluntary. assumption of risk if the plaintiff
entered into a contractual relation
 KINDS: with the defendant. By entering into
a relationship freely and voluntarily
where the negligence of the
a. Express
defendant is obvious, the plaintiff
waiver of
may be found to accept and consent
the right
to it.
to recover
 EXAMPLES:
 There is assumption a) The employees assume the

of risk if the ordinary risks inherent in the
plaintiff, in advance industry in which he is employed.
has expressly waived
his right to recover
- As to abnormal risks, there
damages for the
must be cogent and convincing
negligent act of the
evidence of consent.
defendant.
b) When a passenger boards a
common carrier, he takes the risks
NOTE: A person cannot contract away his incidental to the mode of travel he
right to recover damages resulting from has taken.
negligence. Such waiver is contrary to
public policy and cannot be allowed.
iii. Dangerous Activities
However, the waiver contemplated by
this prohibition is the waiver of the right
to recover before the negligent act was  Persons who voluntarily
committed. participate in dangerous activities
If waiver was made after the cause assume the risks which are usually
of action accrued, the waiver is valid and present in such activities.
may be construed as a condonation of  EXAMPLE: A professional
the obligation. athlete is deemed to assume the
risks of injury to their trade.
b. Implied
Assumptio iv. Defendant’s negligence
ns
 When the plaintiff is aware of
i. Dangerous Conditions the risk created by the defendant’s
 A person who, knowing that he negligence, yet he voluntarily
is exposed to a dangerous condition decided to proceed to encounter it,
voluntarily assumes the risk of such there is an implied admission.
dangerous condition may not recover
CIVIL LAW COMMITTEE

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John Stephen
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 EXAMPLE: If the plaintiff has policemen. The defendant

been supplied with a product which cannot be held liable, if a
he knows to be unsafe, he is deemed bystander is hit as a
to have assumed the risk of using consequence.
such unsafe product.
CAUSATION
5. DEATH OF THE DEFENDANT
 Death of the defendant does not Proximate Cause
extinguish the obligation based  That cause which in natural and
on quasi-delict. continuous sequence, unbroken
 An action survives even if the by any efficient intervening
defendant dies during the cause, produces the injury,
pendency of the case if the case without which the result would
is an action to recover for an not have occurred.
injury to persons or property by
reason of tort committed by the Remote Cause
deceased. It is no defense at all.  That cause which some
independent force merely took
advantage of to accomplish
6. PRESCRIPTION something not the natural effect
 An action based on quasi-delict thereof.
prescribes in four years from the
date of the accident. (Article Nearest Cause
1146 Civil Code)  That cause which is the last link
in the chain of events; the
Relations Back Doctrine nearest in point of time or
 An act done at one time is relation.
considered by fiction of law to have  Proximate cause is not
been done at some antecedent necessarily the nearest cause
period. (Allied Banking Corp vs. CA, but that which is the procuring
1989) efficient and predominant
 EXAMPLE: A doctor negligently cause.
transfused blood to a patient that Concurrent Causes
was contaminated with HIV. If the  The actor is liable even
effect became apparent only after if the active and
five (5) years, the four (4) year substantially
prescriptive period should commence simultaneous operation
only when it was discovered. of the effects of a third
person’s innocent,
tortious or criminal act
7. INVOLUNTARINESS is also a substantial
 It is a complete defense in quasi- factor in bringing about
delict cases and the defendant is the harm so long as the
therefore not liable if force was actor’s negligent
exerted on him. (Aquino, Torts conduct actively and
and Damages) continuously operate to
 EXAMPLE: When the defendant bring about harm to
was forced to drive his vehicle by another. (Africa vs.
armed men. He was, at pain of Caltex)
death, forced to drive at a very  Where several causes
fast clip because the armed men producing the injury are
were escaping from the concurrent and each is
CIVIL LAW COMMITTEE

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John Stephen
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227
an efficient cause  If the

without which the injury defendant’s negligence was not
would not have the cause-in-fact, the inquiry
happened, the injury stops.
may be attributed to all
or any of the causes and
 If it is, the
inquiry shifts to the question of limit
recovery may be had
of the defendant’s liability. (Policy
against any or all of the
test)
responsible persons.
CAUSE-IN-FACT TESTS:
 Where the concurrent or 1. But-For Test
successive negligent  The defendant’s conduct is the
acts or omissions of two cause-in-fact if damage would
or more persons, not have resulted had there been
although acting no negligence on the part of the
independently, are in defendant. Conversely,
combination the direct defendant’s negligent conduct is
and proximate cause of not the cause in fact of the
a single injury to a third plaintiff’s damage if the
person, and it is accident could not have been
impossible to determine avoided in the absence thereof.
what proportion each
contributed to the 2. Substantial Factor test
injury, either of them is
responsible for the  The conduct is the cause-in-fact
whole injury, even of the damage if it was a
though his act alone substantial factor in producing
might not have caused the injuries.
the entire injury; they  In order to be a substantial
become joint tort- factor in producing the harm,
feasors and are the causes set in motion by the
solidarily liable for the defendant must continue until
resulting damage under the moment of the damage or at
Article 2194 of the Civil least down the setting in motion
Code. of the final active injurious force
which immediately produced or
preceded the damage.
NOTE: If the defendant’s conduct was
NOTE: Primary cause remains the
already determined to be the cause in
proximate cause even if there is an
fact of the plaintiff’s damage under the
intervening cause which merely
but for test, it is necessarily the cause in
cooperated with the primary cause and
fact of the damage under the substantial
which did not break the chain of
factor test.
causation.
Tests of Proximate Cause 3. NESS Test

 Two-part test  The candidate condition may still
1. Cause-in-fact Test be termed as a cause where it is
2. Policy Test shown to be a necessary element
NOTE: In determining the proximate in just one of several co-present
cause of the injury, it is first necessary causal set each independently
to determine if the defendant’s sufficient for the effect.
negligence was the cause-in-fact of the
damage to the plaintiff. (Cause-in-fact Two ways by which co-presence may
test) manifest itself:
a. Duplicative causation
CIVIL LAW COMMITTEE

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John Stephen
Purganan(LTD),
228
 When two or more sets operate  Direct

simultaneously to produce the consequences
effect; the effect is over- are those
determined. which follow in
b. Pre-emptive causation sequence from
 When, though coming about first the effect of
in time, one causal set trumps defendants act
another potential set lurking in the upon
background; the causal potency of conditions
the latter is frustrated. existing and
forces already
in operation at
 Multiple causation the time
 If there are a number of without
candidate conditions, which, intervention of
taken one at a time, would not any external
in fact have been sufficient to forces, which
cause the accident and the come into
accident was a cumulative effect active
of all the candidate conditions. operation
later.
Policy Tests:
1. Foreseea Tests applied in the Philippines:
bility Test
2. Natural  New Civil Code has a
and Probable Consequence Test chapter on Damages
3. Natural which specifies the kind
and Ordinary or Direct Consequence of damage for which the
Test defendant may be held
4. Hindsight liable and the extent of
Test damage to be awarded
5. Orbit of to the plaintiff.
Risk Test Cause-in-fact Tests:
6. Substanti 1. But-for test
al Factor 2. Substantial
Test Factor test
3. NESS test
Policy Tests may be divided into Two  Policy
Groups: test:
1. FORESIGHT PERSPECTIVE/ The
FORESEEABILITY TESTS directne
 The defendant is not liable for ss
the unforeseeable consequences approac
of his acts h is
 Liability is limited within the risk being
created by defendants’ negligent applied
acts. in this
jurisdict
2. DIRECT PERSEPECTIVE/ DIRECT ion.
COSEQUENCES TESTS
 The defendant NOTE: The definition of proximate cause
is liable for which includes the element of foresight
damages which is not consistent with the express
are beyond the provision of the Article 2202 of the New
risk. Civil Code; a person may be held liable
CIVIL LAW COMMITTEE
Rhodora
John Stephen
Purganan(LTD),
229
whether the damage to the plaintiff may  A cause

be unforeseen. is not an
Cause and Conditions interveni
 It is no longer practicable to ng cause
distinguish between cause and if it was
condition. already
 The defendant may be liable even if in
only created conditions, if the operatio
conditions resulted in harm to either n at the
person or property. time the
 EXAMPLES of Dangerous Conditions: negligent
1. Those that are act is
inherently committ
dangerous ed.
2. Those where a  Foreseea
person places a ble
thing which is interveni
not dangerous in ng causes
itself in a cannot
dangerous be
position. consider
3. Those involving ed
products and sufficient
other things interveni
which are ng
dangerous causes.
because they are  The
defective. intervent
ion of
Efficient Intervening Cause unforese
 One which destroys the causal en and
connection between the unexpect
negligent act and the injury and ed cause
thereby negatives liability. is not
 There is NO efficient intervening sufficient
cause if the force created by the to
negligent act or omission have relieve
either: the
1. Remained active itself, or wrongdo
2. Created another force which er from
remained active until it directly conseque
caused the result, or nces of
3. Created a new active risk of negligenc
being acted upon by the active force e if such
that caused the result. negligenc
EXAMPLE: The medical findings, show e
that the infection of the wound by directly
tetanus was an efficient intervening and
cause later or between the time Javier proximat
was wounded to the time of his death. ely
(People vs. Rellin 77 Phil 1038) cooperat
es with
NOTES: the
independ
CIVIL LAW COMMITTEE
Rhodora
John Stephen
Purganan(LTD),
230
ent s
cause in
the n
resulting e
injury. g
l
CONTRIBUTORY NEGLIGENCE i
A. Plaintiff’s negligence is g
the cause e
 Plaintiff’s n
negligence is c
not contributory e
if it is necessary
and sufficient to m
produce the a
result. y
 EXAMPLES:
1. Only the h
plaintiff a
was v
negligent e
.
2. Defendan d
t’s u
negligenc p
e is not a l
part of i
the c
causal a
set which t
is a part i
of the v
causal e
chain.
3. Plaintiff’ e
s f
negligenc f
e was e
pre- c
emptive t
in ,
nature.
B. Compound Causes t
h
 P a
l t
a
i
i
n
t
t
,
i
f
f i
’ t
CIVIL LAW COMMITTEE

Rhodora
John Stephen
Purganan(LTD),
231
i
i g
s e
n
s c
u e
f
f o
i c
c c
i u
e r
n s
t
s
t i
o m
u
b l
r t
i a
n n
g e
o
u
a s
b l
o y
u
t
w
i
t t
h h
e
t
e h
f e
f
e
c d
t e
f
e
b n
u d
t a
n
h t
i ;
s
t
n h
e e
g
l
CIVIL LAW COMMITTEE
Rhodora
John Stephen
Purganan(LTD),
232
l e
a s
t s
t a
e r
r y
’
s t
o
n
e b
g r
l i
i n
g g
e
n a
c b
e o
u
i t
s
t
e h
q e
u
a e
l f
l f
y e
c
s t
u
f b
f e
i c
c a
i u
e s
n e
t
d
b a
u m
t a
g
n e
o
t w
o
n u
e l
c d
CIVIL LAW COMMITTEE

Rhodora
John Stephen
Purganan(LTD),
233
n
s t
t i
i f
l f
l .
h  P
a l
v a
e i
n
r t
e i
s f
u f
l ’
t s
e
d n
e
d g
u l
e i
g
e
t
n
o
c
e
t
h i
e s
n n
e o
g t
l
i m
g e
e r
n e
c l
e y
o c
f o
n
t t
h r
e i
b
u
p
t
l
o
a
r
i
y
CIVIL LAW COMMITTEE
Rhodora
John Stephen
Purganan(LTD),
234
y
b
e c
c a
a n
u
s b
e e
i
h
t
a
d
i
.
s
a (
A
c q
o u
n i
c n
u o
r ,
r
i T
n o
g r
t
p s
r
o a
x n
i d
m
a D
t a
e m
a
c g
a e
u s
s )
e
. C. Part of the same causal
 N set
o  Neither plaintiff’s negligence
nor defendant’s negligence
r alone is sufficient to cause
e the injury; the effect would
c result only if both are present
o together with normal
v background conditions.
e  Negligence of the plaintiff
r cooperated with the
CIVIL LAW COMMITTEE
Rhodora
John Stephen
Purganan(LTD),
235
negligence of the defendant plaintiff who was also

in order to bring about the negligent even if his
injury; determination of negligence was relatively
proximate cause is only a minor as compared with the
matter of degree of wrongful act or omission of
participation. the defendant.
 The doctrine has no role in
D. Defendant’s Negligence this jurisdiction where
is the Only cause common law concept of
 Defendant’s negligence was contributory negligence has
sufficient AND necessary to itself been rejected in Article
bring about the injury. 2179 of the Civil Code.
 However, if plaintiff’s
negligence increased or 3. Third View
aggravated the resulting  There can be no conflict
damage or injury liability of between the doctrine of last
the defendant should also be clear chance and doctrine of
mitigated under contributory comparative negligence if the
negligence rule or under the former is viewed as a rule or
doctrine of avoidable phrase of proximate cause;
consequences.  However, the doctrine of last
Doctrine of Last Clear Chance or clear chance is no longer
Discovered Peril applicable if the force
 The negligence of the plaintiff created by the plaintiff’s
does not preclude a recovery for negligence continues until the
the negligence of the defendant happening of the injurious
where it appears that the event.
defendant, by exercising
reasonable care and prudence, Cases when the doctrine was held
might have avoided injurious inapplicable (PICCA)
consequences to the plaintiff 1. If the plaintiff was not
notwithstanding the plaintiff’s negligent.
negligence.
2. The party charged is required to
Alternative Views: act instantaneously, and if the
1. Prevailing view injury cannot be avoided by the
application of all the means at
 Doctrine is applicable in hand after the peril is or should
this jurisdiction. have been discovered.
 Even if plaintiff was 3. If defendant’s negligence is a
guilty of antecedent concurrent cause and which was
negligence, the still in operation up to the time
defendant is still liable the injury was inflicted.
because he had the last 4. Where the plaintiff, a passenger,
clear chance of avoiding filed an action against a carrier
the injury. based on contract.
2. Minority View 5. If the actor, though negligent,
was not aware of the danger or
 The historical function of the risk brought about by the prior
doctrine was to mitigate the fraud or negligent act.
harshness of the common law
rule of contributory B. INTENTIONAL TORTS
negligence which prevented  Include conduct
any recovery at all by the where the actor
CIVIL LAW COMMITTEE
Rhodora
John Stephen
Purganan(LTD),
236
desires to cause the u

consequences of his n
act or believes that r
the consequences e
are substantially a
certain to result s
from it. o
n
a
 They are found in b
Chapter 2 of the l
Preliminary Title of y
the NCC entitled t
“Human Relations”. e
Although this chapter r
covers negligent m
acts, the torts i
mentioned herein n
are mostly a
intentional in nature t
or torts involving e
malice or bad faith. d
a
n
a
HUMAN RELATIONS
g
1. Principle of Abuse of Rights
e
(ART.19)
n
c
 Elements: y
a. Legal right or duty; a
b. The right or duty is exercised in bad g
faith; and r
c. For the sole intent of prejudicing or e
injuring another. e
 E m
X e
A n
M t
P f
L o
E r
: s
If e
t lf
h i
e s
p h
ri r
n e
c a
i s
p o
a n
l s
CIVIL LAW COMMITTEE
Rhodora
John Stephen
Purganan(LTD),
237
. NOTE: Article 20 does not distinguish;

( the act may be done willfully or
V negligently.
a
l 3. Acts contra bonus mores (Article 21
e Civil Code)
n
z  Elements:
u a. Act which is legal;
e
b. The act is contrary to morals, good
l
customs, public order or public
a
policy; and
v
c. The act is done with intent to injure.
s
NOTE: Damages are recoverable even if
.
no positive law was violated.
C
 Kinds:
A
,
1 a. Breach of promise to marry
9
0 GENERAL RULE: Breach of promise to
S marry by itself is not actionable.
C EXCEPTION: In cases where there is
R another act independent of the breach
A of promise to marry which gives rise to
liability:
1 1. Cases where there was financial
) damage.
NOTE: This rule is a departure from the 2. Social humiliation caused to one
traditional view that a person is not of the parties.
liable for damages resulting from the 3. Where there was moral
exercise of ones right. seduction.
2. Article 20 of the Civil Code NOTES:

 Moral seduction, although not
 Speaks punishable, connotes the idea of
of the deceit, enticement, superior power
general or abuse of confidence on the part of
sanction the seducer to which the woman has
for all yielded. (Gashem Shokat Baksh vs.
other CA)
provisio
ns of
law
which  Sexual intercourse is not by itself a
do not basis for recovery; damages could
especial only be awarded if the sexual
ly intercourse is not a product of
provide voluntariness or mutual desire.
for their
own
sanction b. Seduction without breach of
. promise to marry
CIVIL LAW COMMITTEE

Rhodora
John Stephen
Purganan(LTD),
238
 Seduction, by itself, is also an  Liability for damages under

act contrary to morals, good the RPC and Article 451 of the Civil
customs and public policy. Code requires intent or bad faith.
 The defendant is liable if he  Article 448 of the Civil Code
employed deceit, in relation to Article 456 does not
enticement, superior power permit action for damages where the
or abuse of confidence in builder, planter, or sower acted in
successfully having sexual good faith. The landowner is limited
intercourse with another even to the options given to him under
if he satisfied his lust without article 448, that is to appropriate
promising to marry the whatever is built or planted or to
offended party. compel the builder or planter to
 It may not even matter that purchase the portion encroached
the plaintiff and the upon. (Aquino, Torts and Damages)
defendant are of the same  A builder in good faith who
gender. acted negligently may be held liable
under Art. 2176 NCC.
2) Trespass to or deprivation of
c. Sexual assault personal property
 Defendant is liable for all  In the field of tort, trespass

forms of sexual assault extends to all cases where a person
including crimes defined is deprived of his personal property
under the RPC as rape, acts even in the absence of criminal
of lasciviousness and liability.
seduction.
NOTE: It may cover cases where the
defendant was deprived of personal
d. Desertion by a spouse property for the purpose of obtaining
possession of real property
 A spouse has a legal  EXAMPLE: The defendant
obligation to live with his/her who was landlord, was held liable
spouse. because he deprived the plaintiffs,
his tenants, of water in order to
 If a spouse does not perform
force them to vacate the lot they
his/her duty to the other, he
were cultivating. (Magbanua vs. IAC
may be liable for damages for
137 SCRA 352)
such omission because the
same is contrary to law,
morals, good customs and 3) Disconnection of electricity
public policy. or gas service
 The right to
disconnect and deprive the
e. Trespass and Deprivation of customer, who unreasonably fails to
Property pay his bills, of electricity should be
exercised in accordance with the law
and rules.
 2 KINDS:
 Example: If a
company disconnects the electricity
1) Trespass to and/or service without prior notice as
deprivation of real property required by the rules, the company
commits a tort under Article 21 NCC.
CIVIL LAW COMMITTEE
Rhodora
John Stephen
Purganan(LTD),
239
 An employer may be held

f. Abortion and Wrongful Death liable for damages if the
manner of dismissing is
 Damages may be recovered contrary to morals good
by both spouses if: customs and public policy.
1) the abortion was caused  EXAMPLE: False imputation
through the physician’s of misdeed to justify dismissal
negligence, or or any similar manner of
2) was done intentionally dismissal which is done
without their consent abusively.
 Husband of a
woman who
voluntarily h. Malicious Prosecution
procured her
abortion may  An action for damages
recover brought by one against
damages from another whom a criminal
the physician prosecution, civil suit, or
who caused the other legal proceeding has
same on been instituted maliciously
account of and without probable cause,
distress and after the termination of such
mental anguish prosecution, suit or
attendant to the proceeding in favor of the
loss of the defendant therein.
unborn child  The gist of the action is
and the putting legal process in force
disappointment regularly, for mere purpose of
of his parental vexation or injury. (Drilon vs.
expectation. CA [1997])
(Geluz vs. CA
2SCRA802)
 Elements:
g. Illegal Dismissal
1. The fact of the prosecution and
the further fact that the
 The right of the employer to defendant was himself the
dismiss an employee should prosecutor; and that the action
not be confused with the was finally terminated with an
manner in which the right is acquittal;
exercised and the effects 2. That in bringing the action, the
flowing therefrom; prosecutor acted without
 If the dismissal was done anti- probable cause;
socially and oppressively, the 3. The prosecutor was actuated or
employer should be deemed impelled by legal malice.
to have violated Article 1701
of the Civil Code (which
prohibits acts of oppression NOTES:
by either capital or labor
against the other) and Article
 Malice is the
21 NCC. inexcusable intent to
injure, oppress, vex,
annoy or humiliate.
CIVIL LAW COMMITTEE
Rhodora
John Stephen
Purganan(LTD),
240
 Presence of probable positive

cause signifies absence law was
of malice. violated
.
 Absence of malice
signifies good faith on  An
the part of the action
defendant; good faith can only
may even be based on prosper
mistake of law. when
damage,
 Acquittal presupposes
material
that a criminal
or
information is filed in
otherwis
court and final
e, was
judgment rendered
suffered
dismissing the case;
by the
nevertheless, prior
plaintiff
acquittal may include
. An
dismissal by the
action
prosecutor after
based
preliminary
on
investigation. (Globe
Articles
Mackay and Radio Corp.
19-21
vs. CA; Manila Gas Corp
will be
vs. CA)
dismisse
d if the
plaintiff
i. Public Humiliation merely
seeks
 Damages may be awarded in “recogn
cases where the plaintiff ition”.
suffered humiliation through  Under
the positive acts of the Articles
defendant directed against 19 and
the plaintiff. 21, the
 Example: The defendant was defenda
held liable for damages under nt may
Art. 21 for slapping the likewise
plaintiff in public. (Patricio be
vs. Hon. Oscar Leviste, guilty of
[1989]) a tort
even if
he acted
in good
NOTES:
faith.
 Under (Grand
Article Union
21, Superm
damages arket
are vs.
recover Espino)
able
even TORTS AGAINST HUMAN DIGNITY
though TYPES:
no
CIVIL LAW COMMITTEE
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John Stephen
Purganan(LTD),
241
1. Violation of the right of privacy and place and is

 Reasonableness of a person’s determined by
expectation of privacy depends the norm of an
on a two-part test: ordinary person.
a) Whether by his conduct, the
individual has exhibited an Four Types of Invasion of Privacy
expectation of privacy. a. Intrusio
b) Whether this expectation is one n upon plaintiff’s seclusion or solitude
that the society recognizes as or into his private affairs
reasonable.  It is not limited to cases where
the defendant physically trespassed into
NOTES: another’s property. It includes cases
GENERAL RULE: Right to privacy can when the defendant invades one’s
be invoked only by natural persons; privacy by looking from outside
Juridical persons cannot invoke such (Example: “peeping-tom”).
right because the entire basis of right to GENERAL RULE: There is no invasion of
privacy is an injury to the feelings and right to privacy when a journalist records
sensibilities of a party, a corporation photographs or writes about something
would have no such ground. that occurs in public places.
EXCEPTION: Right against unreasonable EXCEPTION: When the acts of the
searches and seizure can be invoked by a journalist should be to such extent that
juridical entity. it constitutes harassment or overzealous
shadowing.
GENERAL RULE: Right to privacy is The freedom of the press has never
purely personal in nature, hence: been construed to accord newsmen
1) It can be invoked only by immunity from tort or crimes committed
the person whose privacy during the course of the newsgathering.
is claimed to have been  There is no intrusion when an
violated. employer investigates an employee or
2) It can be subject to when the school investigates its student.
waiver of the person  RA 4200 makes it illegal for any
whose privacy is sought person not authorized by all the parties
to be intruded into. to any private communication to secretly
3) The right ceases upon record such communication by means of
the death of the person. a tape recorder (Ramirez vs CA, Sept.
EXCEPTION: A privilege may be given 28, 1995)
to the surviving relatives of a deceased  Use of a telephone extension for
person to protect his memory but the purposes of overhearing a private
privilege exist for the benefit of the conversation without authorization does
living, to protect their feelings and to not violate RA 4200.
prevent the violation of their own rights NOTE: There are instances where the
in the character and memory of the school might be called upon to exercise
deceased. its power over its student for acts
 Standard to be committed outside the school premises
applied in and beyond school hours in the
determining if following:
there was a 1. In cases of violation of school
violation of the policies or regulations occurring in
right is that of a connection with school sponsored
person with activity off-campus; or
ordinary 2. In cases where the misconduct of
sensibilities. It the student involves his status as a
is relative to the student or affects the good name
customs of time and reputation of the school.
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unauthorized biography of a famous

b. Publicat baseball player exaggerating his
ion of Embarrassing Private Facts feats on the baseball field,
 Requisites: portraying him as a war hero. (Spahn
1. Publicity is given to any private vs. Messner)
or purely personal information about  If the publicity given to the
a person; plaintiff is defamatory, hence an
2. Without the latter’s consent; and action for libel is also warranted; the
3. Regardless of whether or not action for invasion of privacy will
such publicity constitutes a criminal afford an alternative remedy.
offense, like libel or defamation, the  May be committed by the media
circumstance that the publication by distorting a news report.
was made with intent of gain or for
commercial and business purposes Tort of Putting Defamation
invariably serves to aggravate the Another in False
violation of the right. Light
1. As to gravamen of claim
The gravamen of The gravamen of
 PUBLIC FIGURE - A
claim is not the claim is the reputa-
person, who by his accomplishments, reputational harm tional harm
fame or mode of living or by adopting a but rather the
profession or calling which gives the embarrassment of a
public a legitimate interest in his doings, person being made
his affairs and his character. into some-thing he is
not
NOTE: Public figures, most especially 2. As to publication
those holding responsible positions in The statement should Publication is
government enjoy a more limited right be actually made in satisfied if a letter is
public sent to a third person
to privacy compared to ordinary
3. As to the defamatory character of the
individuals. statements
 The interest sought to be Defendant may still What is published
protected is the right to be free from be held liable even if lowers the esteem in
unwarranted publicity, from the the statements tells which the plaintiff is
wrongful publicizing of the private something good held
affairs and activities of an individual about the plaintiff
which are outside the realm of
legitimate public concern. d. Commer
 The publication of facts cial appropriation of likeness
derived from the records of official  The unwarranted publication of a
proceedings which are not otherwise person’s name or the unauthorized
declared by law as confidential, use of his photograph or likeness for
cannot be considered a tortious commercial purposes is an invasion
conduct. of privacy.
 With respect to celebrities,
c. Publicit however, the right of publicity is
y which places a person in a false often treated as a separate right
light in the public eye that overlaps but is distinct from the
 The interest to be protected in right of privacy. They treat their
this tort is the interest of the names and likeness as property and
individual in not being made to they want to control and profit
appear before the public in an therefrom.
objectionable false light or false
position. 2. Interference with Family and other
EXAMPLE: Defendant was held liable relations
for damages when he published an
CIVIL LAW COMMITTEE
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 The gist of the tort is an 2. Defamation, Fraud, and

interference with one spouse’s Physical injuries (Article 33)
mental attitude toward the other A. Defamation
and the conjugal kindness of marital  Defamation is an invasion of the
relations resulting in some actual interest in reputation and good
conduct which materially affects it. name, by communication to others
 It extends to all cases of which tends to diminish the esteem
wrongful interference in the family in which the plaintiff is held, or to
affairs of others whereby one spouse excite adverse feelings or opinion
is induced to leave the other spouse against him.
or conduct himself or herself that  Includes the crime of libel and
the comfort of married life is slander.
destroyed.  RPC considers the statement
 If the interference is by defamatory if it is an imputation of
the parents of the spouse, malice circumstance tending to cause the
must be proven. dishonor, discredit or contempt of
natural or juridical person or to
3. Intriguing to Cause Alienation blacken the memory of one who is
dead.
4. Vexation and Humiliation  Requisites for one to be liable
 Discrimination against a person for defamatory imputations:
on account of his physical defect, a. It must be defamatory
which causes emotional distress, may b. It must be malicious
result in liability on the part of the c. It must be given publicity
offending party. d. The victim must be
 Sexual Harassment falls under identifiable
this category.
- a civil action separate and distinct from NOTES:
the criminal action may be  Test in determining the
commenced under RA 7877. defamatory character of the
- 2 types of Sexual harassment: imputation: A charge is sufficient if
a) quid pro quo cases the words are calculated to induce the
b) hostile environment cases hearers to suppose and understand
that the person/s against whom they
TORTS WITH INDEPENDENT CIVIL were uttered were guilty of a certain
ACTIONS offense, or are sufficient to impeach
1. Violation of civil and political their honesty, virtue, or reputation, or
rights (Article 32) to hold the person/s up to public
 Although the same normally ridicule.
involves intentional acts, it can also  Dissemination to a number of persons
be committed through negligence. is not required, communication to a
 Public officer who is a single individual is sufficient
defendant cannot escape liability publication.
under the doctrine of state GENERAL RULE: Every defamatory
immunity; the said doctrine applies imputation is presumed to be
only if acts involved are done by malicious, even if it be true, if no
officers in the performance of their good intention or justifiable motive
official duty within the ambit of for making it is shown.
their powers; officers do not act
EXCEPTIONS:
within the ambit of their powers if
1. A private communication made
they violate the constitutional rights
by any person to another in the
of persons.
performance of any legal, moral
or social duty; and
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2. A fair and true report, made in  Half-truths are

good faith, without any likewise included; it is actionable if
comments or remarks, of any the withholding of that which is not
judicial, legislative or other stated makes that which is stated
official proceedings which are absolutely false.
not of confidential nature, or of  Misrepresentati
any statement, report, or speech on upon a mere matter of opinion is
delivered in said proceedings or not an actionable deceit.
of any other act performed by
public officers in the exercise of C. Physical injuries
their functions.  Battery – an intentional infliction
of a harmful or offensive bodily
contact; bodily contact is offensive if
 It is not sufficient that the it offends a reasonable person’s
offended party recognized himself as sense of dignity.
the person attacked or defamed, it  Assault – intentional conduct by
must be shown that at least a third one person directed at another
person could identify him as the which places the latter in
object of the libelous publication. apprehension of immediate bodily
 In order to escape liability, the harm or offensive act.
defendant may claim that the  Includes bodily injuries causing
statements made are privileged. death.
 Physical injuries which resulted
Two kinds of privileged
because of negligence or imprudence
communication:
is not included in Article 33; they are
1) Absolutely privilege –
already covered by Article 2176 of
Those which are not actionable
the Civil Code.
even if the author acted in bad
faith.
3. Neglect of duty by police
2) Qualifiedly privilege –
officers (Article 34)
not actionable unless found to
have been made without good  Subsidiary liability of cities and
intention or justifiable motive. municipalities, is imposed so that
they will exercise great care in
B. Fraud selecting conscientious and duly
 Elements of deceit qualified policemen and exercise
1)The defendant must have made supervision over them in the
false representation to the performance of their duties.
plaintiff
2)The representation must be one CIVIL LIABILITY ARISING FROM DELICT
of fact  Every person criminally liable for
3)The defendant must know that a felony is also civilly liable. (Article
the representation is false or be 100 RPC)
reckless about whether it is false  The reason is because a crime
4)The defendant must have acted has a dual character: as an offense
on the false representation against the State and against the
5)The defendant must have private person injured by it.
intended that the false  Dual character of crimes applies
representation should be acted to cases governed by special laws.
on Example: violation of the BP 22
6)The plaintiff must have suffered results in criminal and civil liability.
damage as a result of acting on  There is civil liability even if the
the false representation offense is a public offense, like in
bigamy.
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 Persons liable are the principal, though he never committed the

accomplice and accessories. offence, it does not operate to
 It includes restitution, reparation remove all the effects of the
of damages and indemnification of previous conviction.
consequential damages.
 The rule on proximate cause in DEFENDANTS IN TORT CASES
quasi-delict cases is applicable to
cases involving civil liability arising Concurrent Negligence or Acts
from delict. Art. 2202, NCC 1. Joint Tort-feasors
 All the persons who
Circumstances affecting Civil Liability command, instigate,
1. Justifying promote, encourage,
circumstances advice, countenance,
 Defendant is free from civil cooperate in, aid, or
abet the commission of a
liability if justifying circumstances
tort, or who approve of
are properly establishes.
it after it is done, if
2. Exempting
done for their benefit;
Circumstances
they are each liable as a
 They do not erase the civil
principal, to the same
liability.
extent and in the same
3. Mitigating and
manner as if they have
Aggravating Circumstances
performed the wrongful
 Damages to be adjudicated act themselves.
may either be decreased or
increased depending on the presence  The responsibility of two
of mitigating or aggravating or more persons liable
circumstances. for quasi-delict is
solidary (Article 2194
Effect of Death Civil Code); they are not
A. DEATH AFTER FINAL JUDGMENT: liable pro rata, they are
extinguishes criminal liability of the jointly and severally
person liable but will not extinguish liable for the whole
the civil liability. amount.
B. DEATH BEFORE FINAL 2. Motor vehicle mishaps

JUDGMENT:  The owner is solidarily liable
GENERAL RULE: The defendant is with the driver, if the former,
relieved from both criminal and civil who was in the vehicle, could
liability arising from criminal have, by the use of due
liability. diligence, prevented the
EXCEPTION: In case of libel and misfortune. (Article 2184 Civil
physical injuries wherein the Code)
plaintiff initially opted to claim  Solidary liability is imposed on
damages in the criminal proceeding the owner not because of his
can file another case under Article imputed liability but because his
33 of the Civil Code. own omission is a concurring
proximate cause of the injury.
Effect of Pardon
 Pardon does not erase civil Vicarious Liability or Doctrine of
liability. Imputed Negligence
 While pardon removes the
existence of guilt so that in the
eyes of the law the offender is
deemed innocent and treated as
CIVIL LAW COMMITTEE
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A person is not only liable for torts  This has already

committed by himself, but also been modified
for torts committed by others by Art. 221 of
with whom he has a certain the Family Code
relation or for whom he is to the extent
responsible. (Article 2180 Civil that the
Code) alternative
Exercise of diligence of a good father of qualification of
a family to prevent damage is a the liability of
defense. the father and
the mother has
 Doctrine of Respondeat been removed.
Superior – the liability is strictly
imputed, the employer is liable
not because of his act or NOTES:
omission but because of the act  The basis of liability for the
or omission of the employee; acts or omissions of their minor
employer cannot escape liability children is the parental authority
by claiming that he exercised that they exercise over them,
due diligence in the selection or except for children 18 to 21.
supervision of the employee.
 The same foreseability test
GENERAL RULE: Vicarious liability in
of negligence should apply to
the Philippines is not governed by the
parents when they are sought to
doctrine of respondeat superior;
be held liable under Art. 2180,
employers or parents are made liable not
NCC
only because of the negligent or
wrongful act of the person for whom  The liability is not limited to
they are responsible but also because of parents, the same is also
their own negligence: imposed on those exercising
1) Liability is imposed on substitute and special parental
the employer because he failed authority, i.e., guardian.
to exercise due diligence in the  The liability is present only
selection or supervision of the both under Art 2180 of the NCC
employee and Art 221 of the Family Code if
2) Parents are made liable the child is living in his parents’
because they failed to exercise company.
due diligence  Parental authority is not the
EXCEPTION: Doctrine of sole basis of liability. A teacher
respondeat superior is applicable in: in charge is still liable for the
1) liability of employers acts of their students even if the
under Article 103 of the RPC minor student reaches the age of
2) liability of a partnership majority.
for the tort committed by a
 The parents or guardians can
partner
still be held liable even if the
minor is already emancipated
Persons Vicariously Liable: (Article
provided that he is below 21
2180 of the Civil Code)
years of age.
1. The Father, or in case of death or
incapacity, mother  Parents and other persons
exercising parental authority can
 For damage caused by: escape liability by proving that
they observed all the diligence
a) minor children of a good father of a family to
b) living in their company prevent damages. (Art. 2180)
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 The burden of proof rests on an employee, however does not

the parents and persons affect the liability of an employer.
exercising parental authority. (Valenzuela vs. CA, 253 SCRA 303)
 It is a defense that the employer
exercised proper diligence in the
2. Guardians selection and supervision of
negligent employee.
 For damage caused by
a. minors or incapacitated
5. State
persons
b. under their authority  For damage caused by:
c. living in their company a) a special agent
b) not when the damage has been
3. Owners and managers of caused by the official to whom the
establishments task done properly pertains
 For damage caused by:  Public officers
a) their employees who are guilty
b) in the service of the branches in of tortuous
which they are employed, or conduct are
c) on the occasion of their personally liable
functions for their
actions.
4. Employers
 For damages
cause by:
6. Schools, Teachers and
Administrators
a) employees and household
helpers
 For damage caused by:
a) pupils and students or
b) acting within the scope of their
apprentices
assigned tasks
b) in their custody
c) even if the employer is not
statutory basis:
engaged in any business or
industry if student is minor – Art. 219, FC
 if student is no longer a
minor – Art. 2180, Civil Code
NOTES:
NOTES:
 Liability of the employer can be
established by proving the existence
 Applies also to teachers of
academic institutions.
of an employer-employee
relationship with the actor and the  Liability attaches to the
latter caused the injury while teacher-in-charge.
performing his assigned task or  The school itself is now
functions. solidarily liable with the teacher-
 The vicarious liability attaches only in-charge.
when the tortuous conduct of the  The liability extends to acts
employees relates to or is in the committed even outside the
course of his employment. school so long as it is an official
 While the employer incurs no activity of the school.
liability when an employee’s  Whenever the school or
conduct, act or omission is beyond teacher is being made liable, the
the range of employment, a minor parents and those exercising
deviation from the assigned task of substitute parental authority are
CIVIL LAW COMMITTEE
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not free from liability because taken by robbery or

Art. 219 of the Family Code theft within their houses
expressly provides that they are from guests lodging
subsidiarily liable. therein, or for payment
 Art. 2180 makes teachers of the value thereof,
and heads liable for acts of provided that:
students and apprentices a. The
whether the latter are minors or innkeeper
not. was notified
in advance
of the
GENERAL RULE: The teacher-in-charge deposit of
is liable for the acts of his students. The such goods
school and administrators are not liable. within the
inn; and
EXCEPTION: It is only the head of the
b. The guest
school, not the teacher who is held liable
shall have
where the injury is caused in a school of
followed
arts and trade.
the
 The liability of directions
the teacher subsists whether the which such
school is academic or non- innkeeper
academic. or his
 Liability is representati
imposed only if the pupil is ve may
already in the custody of the have given
teacher or head. The student is with
in the custody of the school respect to
authorities as longs as he is the care
under the control and influence and
of the school and within its vigilance
premises whether the semester over the
had not yet begun or has already goods.
ended.
 The 2. Partnership
victim of negligence is likewise  Partnership or every partner
required to exercise due care in is liable for torts committed
avoiding injury to himself. by one of the partners acting
within the scope of the firm
Other Persons Vicariously Liable: business, though they do not
1. Innkeepers and participate in, ratify, or have
Hotelkeepers knowledge of such torts.
 They are civilly liable  Partners are liable as joint
for crimes committed in tort-feasors.
their establishments in  Vicarious liability is similar to
cases of violations of the common law rule on
statutes by them, in respondeat superior.
default of persons
criminally liable.
 Liability is entirely imputed
and the partnership cannot
(Article 102 Revised
obviously invoke diligence in
Penal Code)
the selection and supervision
 They are subsidiarily of the partner.
liable for the
restitution of goods 3. Spouses
CIVIL LAW COMMITTEE
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a. absolu partners
te hip, or
comm 2) If one of
unity the
of spouses
proper committ
ty ed the
 The absolute tort
community while
property shall performi
be for liabilities ng a
incurred by business
either spouses or if the
by reason of act was
crime or quasi- supposed
delict in case of to
absence or benefit
insufficiency of the
the exclusive partners
property of the hip.
debtor-spouse. c. regim
(Article 94 e of
Family Code) separa
tion of
 Payments shall
proper
be considered
ty
advances to be
deducted from  Each spouse is
the share of the responsible for his/her
debtor spouse separate obligation.
upon liquidation
of the C. STRICT LIABILITY
community.  When the person is made
b. conjug liable independent of fault or
al negligence upon submission of
partne proof of certain facts
rship specified by law.
of NOTE: Strict liability tort can be
gains committed even if reasonable care was
exercised and regardless of the state of
GENERAL RULE: Pecuniary indemni-ties mind of the actor at that time.
imposed upon the husband or wife are
not chargeable against the conjugal TYPES:
partnership but against the separate 1. Animals
properties of the wrongdoer.
EXCEPTION: Conjugal partnership GENERAL RULE: The possessor of an
should be made liable: animal or whoever may make use of the
1) When same is responsible for the damages
the which it may cause although it may
profits escape or be lost.
have EXCEPTION: When the damage was
inured to caused by force majeure or by the
the person who suffered the damage.
benefit (Article 2183 Civil Code)
of the
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NOTES:
 If the 3. Liability of employers
acts of a  Article 1711 of the NCC
third imposes an obligation on
person owners of enterprises and
cannot other employers to pay for
be the death or injuries to their
foreseen employees.
or  Liability is strict because it
prevente exists even if the cause is
d, then purely accidental.
the
situation
 If the mishap was due to the
employee’s own notorious
is similar
negligence, or voluntary act
to that
or drunkenness, the employer
of force
shall not be liable for
majeure
compensation.
and the
possessor  When the employee’s lack of
is not due care contributed to his
liable. death or injury, the
(Francisc compensation shall be
o, Torts equitably reduced.
and  If the death or injury is due
Damages to the negligence of a fellow-
) workman the latter and the
employer shall be solidarily
 Art. 2183 liable for compensation.
is  If a fellow-worker’s
applicabl intentional or malicious act is
e the only cause of the death or
whether injury, the employer shall not
the be answerable unless it
animal is should be shown that the
domestic latter did not exercise due
, diligence in the selection or
domestic supervision of the plaintiff’s
ated, or fellow-worker.
wild.
4. Nuisance
 Any act, omission,
2. Falling objects establishment, business,
 The head of a family that lives in a condition of property, or
building or a part thereof is responsible anything else which:
for damages caused by things thrown or
falling from the same. (Article 2193 Civil a. Injures or endangers the health or
Code) safety of others;
 The term “head of the b. Annoys or offends the senses;
family” is not limited to the c. Shocks, defies or disregards decency
owner of the building, and it or morality;
may even include the lessee d. Obstructs or interferes with the free
thereof. (Dingcong vs. passage of any public highway or
Kanaan, 72 Phil 14) street, or any body of water; or
CIVIL LAW COMMITTEE

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e. Hinders or impairs the user of or inadequate information on

property. (Article 694 Civil Code) the use and hazards thereof.
4. Even when an act or event causing
 There is strict liability on the damage to another’s property was
part of the owner or not due to the fault or negligence of
possessor of the property the defendant, the latter shall be
where a nuisance is found liable for indemnity if through the
because he is obliged to act or event he was benefited. (Art.
abate the same irrespective 23 Civil Code)
of the presence or absence of
fault or negligence.
 Every successive owner or

possessor of property who
PRODUCT AND SERVICE LIABILITY
fails or refuses to abate a
nuisance in that property
Alternative theories on basis of liability
started by a former owner or
1. Fraud or misrepresentation
possessor is liable therefore
in the same manner as the  Not all expression of opinion
one who created it. (Article are actionable
686 Civil Code) misrepresentations if they are
established to be inaccurate.
5. Product liability by manufacturers
2. Warranties
 Manufacturers and processors
of foodstuffs, drinks, toilet  The Consumer Act recognizes
articles and similar goods that the provisions of the
shall be liable for death or Civil Code on conditions and
injuries caused by any noxious warranties shall govern all
or harmful substances used, contracts of sale with
although no contractual conditions and warranties.
relation exists. (Article 2187  Retailer shall be subsidiarily
Civil Code) liable under the warranty in
case of failure of both the
Other cases of liability without fault: manufacturer and distributor
Proprietor of a building or structure, for to honor the warranty.
damages resulting from its  Privity of contract is not
total or partial collapse, if it necessary.
should be due to lack of
necessary repairs. . 3. Negligence
Breach of implied warranties.
Consumer Act (R.A. 7394) – any Filipino
 In product liability law,
certain standards are already
or foreign manufacturer,
imposed by special laws, rules
producer and importer,
and regulations of proper
independently of fault shall
government agencies; certain
be liable for redress for
acts or omissions are
damages caused to consumers
expressly prohibited by the
by defects resulting from:
statutes thereby making
design;
violation thereof negligence
manufacture;
per se.
construction;
assembly and erection;  It is negligence per se if
formulas and handling and making up; or manufacturer manufactured
presentation or packing of their products products which do not comply
as well as for the insufficient with the safety standards
CIVIL LAW COMMITTEE
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promulgated by appropriate 2) That although it did

government agencies. place the product on the market
such product had no defect
4. Delict 3) That the consumer of
 The liability may be based on third party is solely at fault. (Article
criminal negli-gence under 97 Consumer Act)
the RPC or violation of any B. The supplier of the services shall
special law. not be held liable when it is
proven:
5. Strict liability 1) That there is no defect in the
 Manufacturers and service rendered
processors of foodstuffs, 2) That the consumer of third party
drinks, toilet articles, is solely at fault. (Article 99 Consumer
and similar goods, shall Act)
be liable for death or
injuries caused by any  Requisites: The
noxious or harmful plaintiff should allege
substances used and prove that:
although no contractual 1) The product was defective;
relation exists. (Article 2) The product was manufactured
2187 Civil Code) by the defendant;
3) The defective product was the
 Privity of contract is not cause of his injury.
required.  4 KINDS OF DEFECTIVE
 It does not preclude an PRODUCTS
action based on 1. manufacturing defect
negligence (quasi-delict) 2. design defect
for the same act of 3. presentation defect
using noxious or harmful 4. absence of appropriate warning
substances.
BUSINESS TORTS
1. Interference of contracts
 Elements:
 Article 97 and 99 of the a. existence of a valid contract
Consumer Act imposes b. knowledge on the part of the third
liability on defective person of the existence of the contract
products and services c. interference of the third person
upon manufacturers without legal justification.
independent of fault.  The
 Knowledge of the existenc
manufacturer is not e of a
important; the focus is contract
on the condition of the is
product and not on the necessar
conduct of the y and
manufacturer or seller. the
breach
 DEFENSES: must
occur
A. The manufacturer, builder,
because
producer, or importer shall not
of the
be liable when it evidences:
alleged
1) That it did not place the
act of
product on the market
CIVIL LAW COMMITTEE
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interfer the defendant is only being

ence; sued for inducing another not
No to enter into a contract.
action
can be 3. Unfair competition.
maintai  Unfair Competition in
ned if agricultural, commercial, or
the industrial enterprises, or in
contract labor, through the use of
is void. force, intimidation , deceit,
 Malice is machination or any unjust or
not oppressive or highhanded
essentia method shall give rise to a
l. right of action by a person
 Element who thereby suffers damage.
s of (Article 27 Civil Code)
privileg  CASES INCLUDED:
e to a. passing off and disparagement of
interfer products
e b. interference
1)The defendant’s purpose is a c. misappropriation
justifiable one, and d. monopolies and predatory pricing
2)The actors employ no means of
fraud or deception which are 4. Securities Related Torts
regarded as unfair.  Kinds
 Extent a. Fraudulent Transactions
of b. Misstatements or Omission of
Liability statement of a material fact
: required to be stated
A. Rule in Daywalt vs. La  Defendants are free
Corporation 39PHIL587 from liability if they can
 Defendant prove that at the time
cannot be held liable for more than of the acquisition the
the amount for which the plaintiff knew of the
contracting party who was induced untrue statement or if
to break the contract can be held he was aware of the
liable. falsity.
B. Rule under Article 2201  Extent of Damages:
and 2202 Civil Code Not exceeding triple the
1) If amount of the
in bad faith: defendant is liable for transaction.
all natural and probable
consequences of his act or omission,
 Prescriptive Period:
Action must be brought
whether the same is forseen or
within 2 years after
unforeseen.
discovery of facts
2) If
constituting the cause
in good faith: defandant is liable
of action and within 5
only for consequences that can be
yrs after such cause of
foreseen.
action accrued.
2. Interference with prospective
II. DAMAGES
advantage
 It is a tort committed when DAMAGE
there is no contract yet and
CIVIL LAW COMMITTEE
Rhodora
John Stephen
Purganan(LTD),
254
 The detriment, injury or loss action. (Baritua vs. CA, 267 SCRA
which are occasioned by 331)
reason of fault of another in  Proof of
the property or person. pecuniary loss is necessary to
successfully recover actual damages
DAMAGES from the defendant. No proof of
 The pecuniary compensation, pecuniary loss is necessary in case of
recompense or satisfaction moral, nominal, temperate,
for an injury sustained or as liquidated or exemplary damages.
otherwise expressed, the  The
pecuniary consequences assessment of such damages, except
which the law imposes for the liquidated ones, is left to the
breach of some duty or discretion of the court according to
violation of some rights. the circumstances of each case.
DAMNUM ABSQUE INJURIA (Damage Kinds of damages (MANTLE)

Without Injury) 1. Actual or Compensatory
 A person may have suffered 2. Moral
physical hurt or injury, but 3. Nominal
for as long as no legal injury
4. Temperate or moderate
or wrong has been done,
there is no liability. 5. Liquidated
6. Exemplary or corrective
A. ACTUAL OR
 There is no liability even if COMPENSATORY
there is damage because DAMAGES
there was no injury.
 Comprehends not only the value of
the loss suffered but also that of the
profits which the obligee failed to
 There can be damage without obtain.
injury.  Classification:
1. D
 In order that a plaintiff may ano emergente – loss of what a
maintain an action for the person already possesses
injuries of which he
complains, he must establish
2. L
ucro cessante – failure to receive
that such injuries resulted
as a benefit that would have
from a breach of duty which
pertained to him
the defendant owed to the
NOTE: The latter type includes:
plaintiff.
1. Loss or impairment of
earning capacity in cases of
Injury Damage Damages
temporary or permanent
Legal Loss, hurt The recom-
invasion of or harm pense or personal injury.
a legal which compensation 2. Injury to the plaintiff’s
right results awarded for business standing or commercial
from the the damage credit.
injury suffered
 In crimes and quasi-delict, the
NOTES: defendant shall be liable for all
damages which are the natural and
 A probable consequences of the act
complaint for damages is a personal and omission complained of. It is not
CIVIL LAW COMMITTEE
Rhodora
John Stephen
Purganan(LTD),
255
necessary that such damages have  Award of interest in the concept of

been foreseen or could have actual and compensatory damages
reasonably foreseen by the actual damages.
defendant. (Article 2202 Civil Code)
 The rate of interest, as well as the
 The amount should be that which accrual thereof is imposed as
would put plaintiff in the same follows:
position as he would have been if he 1. When the obligation is breached
had not sustained the wrong for and it consist of payment of sum
which he is now getting his of money, i.e., a loan or
compensation or reparation. forbearance of money:
 To recover damages, the amount of a. The interest due should
loss must not only be capable of be that which may have been
proof but must actually be proven. stipulated in writing;
 Uncertainty as to the precise amount furthermore, the interest
is not necessarily fatal. due shall itself earn legal
interest from the time it is
LOSS OF EARNING CAPACITY: judicially demanded.
b. In the absence of
 Variables considered are: stipulation, the rate of
1. life expectancy
interest shall be 12% per
2. net income/earnings
annum to be computed from
default, i.e., from judicial or
Formula:
extra-judicial demand under
{2/3 x (80–age of death)} x mo. Earnings x 12
2 and subject to the provisions
NOTE: of Article 1169 of the Civil
Code.
 Life expectancy is computed as 2. When the obligation, not
follows: constituting a loan or
{ 2/3 x (80-age at death) } forbearance or money, is
 Net earnings is the total of the breached:
earnings less expenses necessary for  An interest on
the creation of such earnings and the amount of damages to be
less living or other incidental awarded may be imposed at
expenses. the discretion of the court at
the rate of 6% per annum.
Loss of profits  No interest
 May be determined by considering shall be adjudged on
the average profit for the preceding unliquidated claims or
years multiplied by the number of damages, except when or
years during which the business was until demand can be
affected by the wrongful act or established with reasonable
breach. certainty.
 Where the
Attorney’s fees demand is established with
 They are actual damages. It is due to reasonable certainty, the
the plaintiff and not to the counsel. interest shall begin to run
from the time the claim is
 Plaintiff must allege the basis of his
made judicially or
claim for attorney’s fees in the
extrajudicially.
complaint; the basis should be one of
3. When the judgment of the court
the 11 cases specified in Article 2208
awarding the sum of money
of the Civil Code.
becomes final and executory, the
rate of legal interest shall be 12%
Interests
CIVIL LAW COMMITTEE

Rhodora
John Stephen
Purganan(LTD),
256
per annum from such finality 4. The damages is predicated on

until its satisfaction. the cases cited in Art.2219.
Doctrine of Avoidable Consequences NOTE: The award of moral damages

 A party cannot recover damages cannot be granted in favor of a
flowing from consequences which corporation because, being an artificial
the party could reasonably have person, it has no feelings, no emotions,
avoided. no senses. It cannot therefore
experience physical suffering and mental
 It has a reasonable corollary: a anguish which can be experienced only
person who reasonably attempts to
by one having a nervous system.
minimize his damages can recover
the expenses that he incurred.
Doctrine of
Contributory
Avoidable
Negligence
Consequences
Acts of the Plaintiff’s act or C. NOMINAL
plaintiff occur omission occurs DAMAGES
after the act or before or at the
omission of the time of the act or  Nominal damages are adjudicated in
defendant omission of the order that a right of the plaintiff,
defendant which has been violated or invaded
by the defendant, may be vindicated
or recognized, and not for the
purpose of indemnifying the plaintiff
B. MORAL
for any loss suffered by him.
DAMAGES
(Article2221 Civil Code)
 Includes physical suffering, mental  Small sums fixed by the court
anguish, fright, serious anxiety,
without regard to the extent of the
besmirched reputation, wounded
harm done to the injured party.
feelings, moral shock, social
humiliation, and similar injury.  Law presumes damage although
actual or compensatory damages are
 No proof of pecuniary loss is not proven.
necessary.
GENERAL RULE: The plaintiff must  They are damages in name only and
allege and prove: are allowed simply in recognition of
a technical injury based on a
1. The factual basis for moral violation of a legal right.
damages; and
2. Its causal relation to the  Nominal damages cannot co-exist
defendant’s act with actual or compensatory
EXCEPTION: Moral damages may be damages.
awarded to the victim in criminal
proceedings without the need for D. TEMPERATE OR
pleading of proof of the basis thereof. MODERATE
DAMAGES
Requisites for award of moral damages:  These are damages, which are more
1. There must be an injury whether than nominal but less than
physical, mental or psychological, compensatory, and may be
clearly sustained by the claimant; recovered when the court finds that
2. There must be a culpable act or some pecuniary loss has been
omission.; suffered but its amount cannot be
3. Such act or omission is the proved with certainty. (Article 2224
proximate cause of the injury; Civil Code)
CIVIL LAW COMMITTEE

Rhodora
John Stephen
Purganan(LTD),
257
 In cases where the resulting injury

might be continuing and possible
future complications directly arising
from the injury, while certain to
occur are difficult to predict,
temperate damages can and should
be awarded on top of actual or
compensatory damages; in such
cases there is no incompatibility
between actual and temperate
damages.
E. LIQUIDATED
DAMAGES
 Those agreed upon by the parties in
a contract, to be paid in case of
breach thereof.
F. EXEMPLARY OR
CORRECTIVE
DAMAGES
 Imposed by way of example

or correction for the public
good, in addition to the
moral, temperate, liquidated
or compensatory damages.
 Requisites for the award of

exemplary damages:
1. They are imposed by way
of example in addition to
compensatory damages
and Imposed only after
the claimants right to
them has been
established;
2. They cannot be
recovered as a matter of
right, their
determination depending
upon the amount of
compensatory damages
that may be awarded;
3. The act must be
accompanied by bad
faith or done in wanton,
fraudulent, oppressive or
malevolent manner.
CIVIL LAW COMMITTEE
Rhodora
John Stephen
Purganan(LTD),

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San Beda College of Law

MEMORY AID IN CIVIL LAW

TORTS AND DAMAGES

I. TORTS A. NEGLIGENT TORTS

TORT  Involve voluntary acts or omissions

CIVIL LAW COMMITTEE

MEMORY AID IN CIVIL LAW

The foundation of It is a separate  If not then he is guilty of

MEMORY AID IN CIVIL LAW

 Emergency rule care and precaution in the

CIVIL LAW COMMITTEE

MEMORY AID IN CIVIL LAW

 An expert will not be judged a.Where one of two innocent persons

MEMORY AID IN CIVIL LAW

the circumstances but what the B. PRACTICE AND CUSTOM

CIVIL LAW COMMITTEE

MEMORY AID IN CIVIL LAW

(Rule 133 Revised Rules of

MEMORY AID IN CIVIL LAW

AFFIRMATIVE DUTIES AND GENERAL RULE: The owner has no duty

CIVIL LAW COMMITTEE

MEMORY AID IN CIVIL LAW

rights of others. (Article 431  Employees are bound to exercise due

CIVIL LAW COMMITTEE

MEMORY AID IN CIVIL LAW

into account the advances in  Four elements

MEMORY AID IN CIVIL LAW

a. Plaintiffs own  The defendant will be

MEMORY AID IN CIVIL LAW

 There is assumption a) The employees assume the

CIVIL LAW COMMITTEE

MEMORY AID IN CIVIL LAW

 EXAMPLE: If the plaintiff has policemen. The defendant

CIVIL LAW COMMITTEE

MEMORY AID IN CIVIL LAW

an efficient cause  If the

Tests of Proximate Cause 3. NESS Test

CIVIL LAW COMMITTEE

MEMORY AID IN CIVIL LAW

 When two or more sets operate  Direct

MEMORY AID IN CIVIL LAW

whether the damage to the plaintiff may  A cause

MEMORY AID IN CIVIL LAW

CIVIL LAW COMMITTEE

MEMORY AID IN CIVIL LAW

MEMORY AID IN CIVIL LAW

CIVIL LAW COMMITTEE

MEMORY AID IN CIVIL LAW

MEMORY AID IN CIVIL LAW

MEMORY AID IN CIVIL LAW

negligence of the defendant plaintiff who was also

MEMORY AID IN CIVIL LAW

desires to cause the u

MEMORY AID IN CIVIL LAW

. NOTE: Article 20 does not distinguish;

2. Article 20 of the Civil Code NOTES:

CIVIL LAW COMMITTEE

MEMORY AID IN CIVIL LAW

 Seduction, by itself, is also an  Liability for damages under

 Defendant is liable for all  In the field of tort, trespass

MEMORY AID IN CIVIL LAW

 An employer may be held

MEMORY AID IN CIVIL LAW