Torts and Dmgs

Based on Atty Legaspi

CHAPTER VI: JOINT TORTFEASORS
JOINT TORTFEASORS – are the persons who command, instigate,
promote, encourage, advise, countenance, cooperate in, aid or abet
the commission of a tort, or who approve of it after it is done, if
done for their benefit. (Worcester vs. Ocampo)
 Nature of Liability: jointly and severally liable for the tort
which they commit.
 Basis: The responsibility of two or more persons who are
liable for quasi delict is solidary (Art 2194, NCC)
 There can be joint tortfeasors when there is concurrence
of negligence that causes damage or injury to another.
 Purpose: Rule on concurrent causes is restated as follows:
o Where several causes producing an injury are
concurrent and each is an efficient cause without
which the injury would not have happened – the
injury may be attributed to all or any of the causes
and recovery may be had against any or all of the
responsible persons although under
circumstances of the case, it may appear that one of
them was more culpable, and that the duty owed by
them to the injured person was not same.
o Each wrongdoer is responsible for the entire result
and is liable as though his acts were the sole cause of
the injury.
Right of reimbursement only arises – if a solidary debtor who is
made to answer for an obligation actually delivers payment to the
creditor.
 Application: In Naval, the Court held that Payment, which
means not only the delivery of money but also the
performance, in any other manner, of the obligation, is the
operative fact which will entitle either of the solidary
debtors to seek reimbursement for the share which
corresponds to each of the other debtors.
Art 2180 (Persons Vicariously Art 2194 (Joint Tortfeasors)
Liable)
Direct and primary liability Solidary liability
Creditor can demand from the Creditor can demand the whole
person vicariously liable amount of the obligation.
Whoever pays for damage Joint tortfeasor who has paid the
caused by his dependents or creditor can demand from the
the employees may recover from other joint debtors only the
the latter what he has paid or share which corresponds to each
delivered in satisfaction of the debtor (Art 1217)
claim (Art 2180)

Application of Art 2194

 In Ruks Konsult, the Court held that the liability of joint
tortfeasors is direct for the reason that it is impossible to
determine in what proportion each has contributed to the
injury because of their concurrent or successive negligent acts
 Where the concurrent or successive negligent acts or
omissions of two or more persons, although acting
independently, are in combination the direct and
proximate cause of a single injury to a third person, it is
impossible to determine in what proportion each
contributed to the injury and either of them is responsible
for the whole injury.

Art 2194 can be applied is that stated in Art 2184

 In motor vehicle mishaps, the owner is solidarily liable with his
driver, if the former, who was in the vehicle, could have, by the
use of the due diligence, prevented the misfortune
 If the owner was not in the motor vehicle, the provisions of
Article 2180 are applicable.”
 Owner of a vehicle, regardless of WON there is an
employer-employee relationship
a. If they were with the latter when the accident
happened and when by the use of due diligence they
could have prevented such accident to happen – Can
be held solidarily liable with their driver
b. If the owner was not with the driver when the
accident happened, then the principle of vicarious
liability under Article 2180 shall apply.

SOLIDARY OBLIGATIONS – is one in which each of the debtors is

liable for the entire obligation, and each of the creditors in entitled
to demand the satisfaction of the whole obligation from any or all of
the debtors.
 Payment made by one of the solidary debtors extinguishes
the obligation. If two or more solidary debtors offer to pay,
the creditor may choose which offer to accept.
 He who made the payment may claim from his co-debtors
only the share which corresponds to each, with the
interest for the payment already made. If the payment is
made before the debt is due, no interest for the
intervening period may be demanded.
 When one of the solidary debtors is Insolvent – such share
shall be borne by all his co-debtors, in proportion to the
debt of each.

CHAPTER VII: MEDICAL MALPRACTICE OR MEDICAL NEGLIGENCE
A. BASIC CONCEPT
MEDICAL MALPRACTICE (Medical Neglegence) – particular form of
negligence which consists in the failure of a physician or surgeon to
apply to their practice of medicine that degree of care and skill,
which is ordinarily employed by the profession generally, under
similar conditions, and in the surrounding circumstances
 Standard of care: highest degree of
diligence/Extraordinary DIligence (Reasonable skill and
competence that a physician in the same or similar locality
should apply)
 Reason: The practice of medicine is a profession engaged
in only by qualified individuals. It is a right earned through
years of education, training, and by first obtaining a license
from the state through professional board examinations.
Such license may, at any time and for cause, be revoked by
the government.
To successfully pursue claims of medical malpractice:
a. A patient must prove that the:
i. Physician or surgeon either failed to do something which a
reasonably prudent physician or
ii. Surgeon would have done or has done something which
such medical or health practitioner should not have done;
and
b. That the failure of action caused injury to the patient.
Evidence is needed to prove that a medical or health professional
committed medical malpractice or negligence: Expert Testimony
 In Cruz vs. CA, WON a physician has committed an
"inexcusable lack of precaution" in the treatment of his
patient – to be determined according to the standard of
care observed by other members of the profession in good
standing under similar circumstances bearing in mind the
advanced state of the profession at the time of treatment
or the present state of medical science.
Reason: He has a duty to use at least the same level of care that any
other reasonably competent doctor would use to treat a condition
under the same circumstances.
Expert testimony is essential to establish:
a. The standard of care of the profession; and
b. The physician's conduct in the treatment and care falls below
such standard.  field as the accused or defendant in the case: it is the
Two pronged evidence to prove medical negligence are:
a. Evidence as to the recognized standards of the medical
community in the particular kind of case; and
b. Showing that the physician negligently departed form this
standard in his treatment
B. ELEMENTS OF MEDICAL MALPRACTICE
The following elements must be present:
a. Duty
 In accepting a case, the physician, for all intents and
purposes, represents that he has the needed training and
skill possessed by physicians and surgeons practicing in the
same field; and that he will employ such training, care, and
skill in the treatment of the patient.
 In treating his patient, a physician has the duty to use at
least the same level of care that any other reasonably
competent physician would use to treat the condition
under similar circumstances.
Torts and Dmgs
Based on Atty Legaspi
b. Breach
 When a patient engages the services of a physician, a
physician-patient relationship is generated.
 in order that the physician-patient relationship is established,
there must be consent and acceptance both on the part of the
physician patient.
 In Casumpang, Court ruled that even thought consent is
needed to create the relationship, it does not need to be
always express. It may also be implied from the physician’s
affirmative action to diagnose and/or treat a patient, or in
their participation in such diagnosis and/or treatment.
 There is breach of duty of care, skill and diligence, or the
improper performance of such duty, by the attending
physician when the patient is injured in body or in health [and
this] constitutes the actionable malpractice.
 Proof of breach: Rest upon the testimony of an expert witness
that the treatment accorded to the patient failed to meet the
standard level of care, skill and diligence which physicians in
the same general neighborhood and in the same general line
of practice ordinarily possess and exercise in like cases.
c. Injury
d. Proximate causation.
 In recovery for an injury, it must be shown that the:
a) Injury for which recovery is sought must be the
legitimate consequence of the wrong done;
b) Connection between the negligence and the
injury must be a direct and natural sequence of
events, unbroken by intervening efficient causes
c) Negligence must be the proximate cause of the
injury
d) Proximate cause of an injury is that cause, which,
in the natural and continuous sequence,
unbroken by any efficient intervening cause,
produces the injury, and without which the result
would not have occurred
 Each of the elements must be proved by scientific
knowledge or evidence, thus:
 To establish the proximate cause of the injury: by a
preponderance of the evidence in a medical malpractice action
– the patient must similarly use expert testimony
 medical malpractice or negligence is proven through scientific
knowledge, it is not required however that the expert medical
professional who is testifying in court should be in the same
specialist’s knowledge of the requisite subject matter, rather
than his/her specialty that determines his/her qualification to
testify.
Guideline in qualifying an expert witness:
(1) has the required professional knowledge, learning and skill of
the subject under inquiry sufficient to qualify him to speak with
authority on the subject; and
(2) is familiar with the standard required of a physician under
similar circumstances;
Expert testimony in medical malpractice actions
GR: a specialist in a particular branch within a profession will not be
required.
 It is the scope of the witness’ knowledge and not the
artificial classification by title that should govern the
threshold question of admissibility.
 Jurisprudence does not distinguish whether the witness is
a general practitioner or a specialist.

C. RES IPSA LOQUITUR IN MEDICAL NEGLIGENCE CASES
 In medical negligence cases, principle of res ipsa loquitur (the
thing speaks for itself) can also be applied.
RES IPSA LOQUITUR – is a rule of evidence whereby negligence of
the alleged wrongdoer may be inferred from the mere fact that the
accident happened provided the character of the accident and
circumstances attending it lead reasonable to belief that in the
absence of negligence it would not have occurred and that thing
which caused injury is shown to have been under the management
and control of the alleged wrongdoer
 It recognizes that prima facie negligence may be
established without direct proof and furnishes a substitute
for specific proof of negligence
 It merely determines and regulates what shall be prima
facie evidence and facilitates the burden of plaintiff of
proving a breach of the duty of due care.
 Can be invoked only when direct evidence is absent and
not readily available
In Medical Malpractice Suit, Doctrine of Res Ipsa Loquitur: allows
the mere existence of an injury to justify a presumption of
negligence on the part of the person who controls the instrument
causing the injury, provided the following requisites concur:
a) Accident is of a kind which ordinarily does not occur in the
absence of someone’s negligence
b) It is caused by an instrumentality within the exclusive
control of the defendant/s; and
c) The possibility of contributing conduct which would make
the plaintiff responsible is eliminated.
Circumstances which would justify the use of expert testimony in
medical negligence cases, and the use of the Res Ipsa Loquitur
GR: Expert Testimony applies only to such matters clearly within the
domain of medical science, and not to matters that are within the
common knowledge of mankind which may be testified to by anyone
familiar with the facts
 Only physicians and surgeons of skill and experience are
competent to testify as to whether a patient has been
treated or operated upon with a reasonable degree of skill
and care
XPN: Non-Expert witnesses may give testimony as to the statements
and acts of physicians and surgeons, external appearances, and
manifest conditions which are observable by any one.
In cases where Res Ipsa Loquitur is applicable: The court is only
permitted to find a physician negligent upon proper proof of injury
to the patient, without the aid of expert testimony, where the court
from its fund of common knowledge can determine the proper
standard care.
 When the doctrine is appropriate, all that the patient must
do is prove a nexus between the particular act or omission
complained of and the injury sustained while under the
custody and management of the defendant without need
to produce expert medical testimony to establish the
standard care.
Examples where Res ipsa loquitur is applied:
a) Leaving a foreign object in the body of the patient after an
operation
b) Injuries sustained on a healthy part of the body which was
not under, or in the area of, treatment
c) Removal of the wrong part of the body when another part
was intended
d) Knocking out a tooth while a patient’s jaw was under
anaesthetic for the removal of his tonsils; and
e) Loss of an eye while the patient was under the influence of
anaesthetic, during or following an operation for
appendicitis, among others.
Torts and Dmgs
Based on Atty Legaspi
 No application in a suit against a physician or surgeon which
involves the merits of a diagnosis or of a scientific treatment
 It is not available in a malpractice suit if the only thing that
would be shown was that the desired result of an operation or
treatment was not accomplished.
 The real question is: WON in the process of the operation any
extraordinary incident or unusual event outside of the routine
performance occurred which is beyond the regular scope of
customary professional activity in such operations, which, if
unexplained would themselves reasonably speak to the average
man as the cause/s of the untoward consequence].
D. CAPTAIN OF THE SHIP DOCTRINE
 A surgeon in charge of the operation can also be made liable for
the negligence committed by their assistants if the latter is
under their control when the operation and the resulting injury
happened.
 Under this doctrine, it is the surgeon’s responsibility to see to it
that those under them perform their tasks in the proper
manner.
E. DOCTRINE OF CORPROATE RESPONSIBILITY OR THE PRINCIPLE
OF APPARENT AUTHORITY
 Under this doctrine, medical professional and the one in charge
of the operation who may be held liable. Even the hospitals can
be made liable if the following requisites are present
 When no employment relationship exists between the hospital
and medical practitioner but it is shown that the hospital holds
out to the patient that the doctor is its agent – the hospital may
still be vicariously liable under Art 2176 in relation to Art 1431
and Art 1869
 Regardless of its relationship with the doctor, the hospital may
be held directly liable to the patient for its own negligence or
failure to follow established standard of conduct to which it
should conform as a corporation.
Art 1869. Agency may be express, or implied from the acts of
the principal, from his silence or lack of action, or his failure to
repudiate the agency, knowing that another person is acting on
his behalf without authority.
Agency may be oral, unless the law requires a specific form.
Art 2176. Whoever by act or omission causes damage to
another, there being fault or negligence, is obliged to pay for
the damage done. Such fault or negligence, if there is no pre-
existing contractual relation between the parties, is called a
quasi-delict and is governed by the provisions of this Chapter
Art 1431. Through estoppel an admission or representation is
rendered conclusive upon the person making it, and cannot be
denied or disproved as against the person relying thereon
 Estoppel rests on this rule: whenever a party as, by his own
declaration, act, or omission, intentionally and deliberately led
another to believe a particular thing true, and to act upon such
belief, he cannot, in any litigation arising out of such
declaration, act or omission, be permitted to falsify it.
 For a hospital to be liable under the doctrine of apparent
authority, a plaintiff must be able to show the following:
a) Hospital or its agenct, acted in a manner that would lead a
reasonable person to conclude that the individual who was
alleged to be negligent was an employee or agent of the
hospital
b) Where the acts of the agent create the appearance of
authority, the plaintiff must also prove that the hospital
had knowledge of an acquiesced in them; and
c) Plaintiff acted in reliance upon the conduct of the hospital
or its agent, consistent with ordinary care and prudence

 PRINCIPLE OF APPARENT AUTHORITY essentially involves to
factors to determine the liability of an independent-contractor
physician
1. Focuses on the hospital’s manifestations
 An inquiry: whether the hospital acted in a manner
which would lead a reasonable person to conclude
that the individual who was alleged to be negligent
was an employee or agent of the hospital
 The hospital need not make express representations to the
patient that the treating physician is an employee of the
hospital because representation may be general or
implied.
2. Focuses on Patient’s reliance.
 IMPLIED REPRESENTATION – an inquiry: whether the
plaintiff acted in reliance upon the conduct of the hospital
or its agent, consistent with ordinary care and prudence.
 With regard to visiting or attending consultants, which are the
categorizations of medical doctors working in the hospital –
The court has made a discussion on how visiting or attending
consultants shall be treated in the following cases:
1. (Ramos v CA)
 Doctors who apply for “consultant” slots, visiting or
attending – are required to submit proof of completion of
residency, their educational qualifications, generally,
evidence of accreditation by the appropriate board
(diplomate), evidence of fellowship in most cases, and
references. These requirements are carefully scrutinized
by members of the hospital administration or by a review
committee set up by the hospital who either accepts or
rejects the application.
 Private hospital hire, fire and exercise real control over
their attending and visiting “consultant” staff, While
consultants are not technically employees, a point which
respondent hospital asserts in denying all responsibility for
the patient’s condition, the control exercised, the hiring,
and the right to terminate consultants fulfilled an
employer-employee relationship, with the exception of
payment of wages
 In assessing whether such relationship in fact exist: the
control test
 An EE Rel exists between hospitals and their attending and
visiting physician
 Only defense that may be available to the hospital: the
medical professional concerned has acted beyond the scope of
their assigned task, or that the hospital has exercised due
diligence in the supervision of the medical professional
concerned.
F. DOCTRINE OF INFORMED CONSENT
 Where the physician-patient relationship is said to arise. it also
arises a corresponding duty or obligation on the party of the
physician to disclose to the patient whatever grave risks of
injury that might be incurred form a proposed course of
treatment.
(Li v Soliman) Rationale of this doctrine
 A physician has a duty to disclose what a reasonable prudent
physician in the medical community in the exercise of
reasonable care would disclose to his patient as to whatever
grave risks of injury might be incurred from a propose course of
treatment, so that a patient, exercising ordinary care for his
own welfare, and faced with a choice of undergoing the
proposed treatment, or alternative treatment, or non at all,
may intelligently exercise his judgment by reasonable balancing
the probable risks against the probable benefits.
Torts and Dmgs
Based on Atty Legaspi
Four essential elements that a plaintiff must prove in a malpractice
suit in case of violation of this doctrine:
a) Physician had a duty to disclose material risks
b) Failed to disclose or inadequately disclosed those risks
c) As a direct and proximate result of the failure to disclose, the
patient consented to treatment she otherwise would not have
consented to; and
d) Plaintiff was injured by the propose treatment.
GRAVEMEN in an informed consent case requires: the plaintiff to
point to significant undisclosed information relating to the
treatment which would have altered their decision to undergo
treatment
G. DOCRINE OF UNLAWFUL RESTRAINT
 A medical hospital can be made liable for torts through:
a) The application of the principle of apparent authority; and
b) if it violated the doctrine of unlawful restraint
 Under this doctrine, a patient cannot be detained in a hospital
for non-payment of the hospital bill.
 If the patient cannot pay the hospital or physician’s bill
o Remedy: By filing the necessary suit in court for the
recovery of such fee or bill.
 If the patient is prevented from leaving the hospital for
their inability to pay the bill
o any person who can act on their behalf can apply in
court for the issuance of the writ of habeas corpus
 In relation to RA 9439 (Prohibiting detentions on hospitals and
medical clinics for non-payment of hospital bills and medical
expenses) makes it unlawful for a hospital or medical clinic to
detain a patient merely for non-payment, in part or in full, of
hospital and other bills.
SEC 1. It shall be unlawful for any hospital or medical clinic
in the country to detain or to otherwise cause, directly or
indirectly, the detention of patients who have fully or
partially recovered or have been adequately attended to
or who may have died, for reasons of nonpayment in part
or in full of hospital bills or medical expenses
 Remedy of the hospital or medical clinic: Demand from the
non-paying patient the issuance of promissory note with either
a mortgage of the latter’s property or guarantee given by their
co-maker
SEC. 2. Patients who have fully or partially recovered and who
already wish to leave the hospital or medical clinic but are
financially incapable to settle, in part or in full, their
hospitalization expenses, including professional fees and
medicines, shall be allowed to leave the hospital or medical
clinic, with a right to demand the issuance of the corresponding
medical certificate and other pertinent papers required for the
release of the patient from the hospital or medical clinic upon
the execution of a promissory note covering the unpaid
obligation. The promissory note shall be secured by either a
mortgage or by a guarantee of a co-maker, who will be jointly
and severally liable with the patient for the unpaid obligation.
In the case of a deceased patient, the corresponding death
certificate and other documents required for interment and
other purposes shall be released to any of his surviving relatives
requesting for the same: Provided, however, That patients who
stayed in private rooms shall not be covered by this Act.
 the concerned hospital or medical clinic cannot even refuse the
issuance of medical certificate and other papers deemed
pertinent for the release of such patient from the hospital.
 Any violation of the provisions cited above has corresponding
penal sanctions aside from an sanction for damages that the
patient can file

SEC. 3. Any officer or employee of the hospital or medical clinic
responsible for releasing patients, who violates the provisions
shall be punished by:
a) Fine: (P20,000.00) - (P50,000.00), or
b) Imprisonment: 1 month – 6 six months, or
c) Both, at the discretion of the proper court.
(Manila Doctors Hispital v So Un Chua)
 Not all kinds of restraint can make the hospital liable for
damages.
 for a hospital to become liable under this doctrine: the form of
restraint must be total; Movement must be restrained in all
directions
 If restraint is only partial (e.g. in a particular direction with
freedom to proceed in another, the restrain made on the
patient cannot make the hospital responsible)
XPN:
a) Patients who have stayed in the private rooms(RA 9434).
b) Legally detain a patient against their will when they are a
detained or convicted prisoner
c) When the patient is suffering from a very contagious disease
where their release will be prejudicial to public health
d) When the patient is mentally ill such that their release will
endanger public safety
e) In other exigent cases as may be provided by law; or
f) To momentarily prevent a patient from leaving the premises or
any part thereof because they refuse to comply with some
reasonable conditions imposed by the hospital
 the patient is free to leave the premises, even in the ostensible
violation of these conditions, after being momentarily
interrupted by the hospital staff for purposes of informing them
of those reasonable conditions, such as the assessment of
whether the patient is fit to leave, insane, 0r suffering from a
contagious disease, etc. or simply for purposes of making a
demand to settle the bill
 If the patient chooses to abscond or leave without the consent
of the hospital in violation of any of the conditions deemed to
be reasonable under the circumstances, the hospital may
nonetheless register its protest and may choose to pursue the
legal remedies available under law, provided that the hospital
may not physically detain the patient, unless the case fall under
the exceptions above-stated.
Torts and Dmgs
Based on Atty Legaspi
CHAPTER VIII: INTENTIONAL TORTS AND INDEPENDENT CIVIL
ACTION
INTENTIONAL TORT – kind of tort where there is culpable intent to
commit the act that causes damage or injury to another.
EXAMPLES OF INTENTIONAL TORTS:
1) Human Relations Cases (New Civil Code)
 (Principle of Abuse of Rights) Art 19. Every person must, in
the exercise of his rights and in the performance of his
duties, act with justice, give everyone his due, and observe
honesty and good faith.
Note:
 Standards that must be observed in the exercise of one’s rights
and in the performance of one’s duties or obligations.
 These standards are the following:
a) To act with justice
b) To give everyone his dues; and
c) To observe honesty and good faith.
 When a right is exercised in a manner which does not conform
with the norms in Art 19 and results in damage to another, a
legal wrong is thereby committed for which the wrongdoer
must be held responsible.
 Exercise of a right:
a) Must be in accordance with the purpose for which it was
established,
b) Must not be excessive or unduly harsh, and
c) Must be no intention to harm another.
 The elements of the principle of abuse of right are as follow:
a) There is a legal right or duty
b) Such legal right or duty is exercised or performed, as the
case may be, in bad faith; and
c) For the sole intent of prejudicing or injuring another.
GOOD FAITH – the state of mind which is manifested by the acts of
the individual concerned.
 It consists of the intention to abstain from taking an
unconscionable and unscrupulous advantage of another.
MALICE or BAD FAITH – implies a conscious and intentional design
to do a wrongful act for a dishonest purpose or moral obliquity.
Examples of the rights exercised in bad faith in violation of Art 19:
a) The assignor’s act of having the assignees’ water supply in the
property assigned disconnected, coupled with her failure to
warn or at lease notify the latter of such intention; and on the
part of local water distributor, their failure to give prior notice
of the impending disconnection and their subsequent neglect
to reconnect the said assignees’ water supply despite the
latter’s settlement of their delinquent account has entitled the
assignee to recover damages (Ardiente v Javier)
b) A company’s act of sending a demand letter to someone’s
employer not to ask for assistance in collecting the alleged
amount supposedly not paid to the company for the clothes she
bought but to tarnish the latter’s reputation in the eyes of her
employer, and to malign her without substantial evidence
despite her possession of enough evidence of payment in her
favour gave the plaintiff right to recover damages from the
company. (California Clothing inc v Quinones)
c) The act of having the property of the petitioner demolished
despite the fact that there was already temporary restraining
order issued by the SC while the petition is pending to enjoin
the implementation of the writ of possession and the order of
demolition was considered not only an abuse but also an
unlawful exercise of the right. (Amonoy v Sps Gutierrez)

d) The act of the petitioner of pre-terminating the contract which
was anchored on an illegal ground, (GF Equity Inc v Valenzona)
i. violation of the mutuality principle – contrary to law,
ii. Negligently failing to provide legal basis for such pre-
termination
o That the other party breached the contract by failing
to discharge his duties thereunder, petitioner failed to
exercise its right of pre-termination the contract in a
legitimate manner and thereby abusing the right of
the other party, which gave the latter the right to
recover damages.
e) The act of rejecting the respondent’s application for proprietary
membership in the country club because the unanimous voute
of all the members of the board present are required, and yet
they failed to inform the respondent of the said requirement by
failing to print in an application form, which the respondent
filled and submitted, the provision of the amended by-laws
requiring the unanimous vote of the directors present at a
special or regular meeting. What was printed thereon was the
original provision which was silent on the required number of
votes needed for admission of an applicant as proprietary
member. (Cebu Country Club v Elizagaque)
o It is thus clear that respondent was left groping in the
dark wondering why his application was disapproved.
He was not even informed that a unanimous vote of
the board members was required.
 Art 19 lays down a rule of conduct for the government of
human relations and for the maintenance of social order, it
does not provide for a remedy for its violation
Remedy is to file an action for damages, either:
1. Art 20. Every person who, contrary to law, wilfully or
negligently causes damage to another, shall indemnify the
latter for the same.
 Anyone who, contrary to law, whether wilfully or
negligently, causes damage to another, shall indemnify
their victim for injuries suffered thereby.
o Art 20 allows recovery should the act have been wilful
or negligent.
2. (acts contra bonus mores) Art 21. Any person who wilfully
causes loss or injury to another in manner that is contrary to
morals, good customs or public policy shall compensate the
latter for the damage.
 Intended to expand the concept of torts in this jurisdiction
by granting adequate legal remedy for the untold number
of moral wrongs which is impossible for human foresight
to specifically provided in the statutes.
 It has the following elements:
a) There is an act which is legal
b) But which is contrary to morals, good custom, public
order, or public policy; and
c) Done with intent to injure
 Remedy to injuries that may be caused by acts which are
not necessarily proscribed by law.
 It requires that the act should be wilful, that is, that there
is an intention to do the act and a desire to achieve the
outcome.
 legal issues revolve around whether such outcome should
be considered a legal injury on the part of the plaintiff or
whether the commission of the act was done in violation
of the standards of care required n Art 19
Torts and Dmgs
Based on Atty Legaspi
 Is the breach of promise to marry an actionable wrong?
 Breach of promise to marry per se is not an actionable
wrong. (Hermosisima v CA)
 where a man’s promise to marry is in fact the proximate
cause of the acceptance of his lvoe by a woman, and his
representation to fulfill that promise becomes the
proximate cause of the giving herself unto him in a sexual
congress, proof that he had, in reality, no intention of
marrying her and that the promise as only a subtle scheme
or deceptive device to entice or inveigle her to accept him
and to obtain her consent of the sexual act, could justify
the award of damages pursuant to Art 21, not because of
such promise to marry but because of the fraud and
deceit behind it and the wilful injury to her honor and
reputation which followed thereafter.
 It is essential that such injury should have been committed
in a manner contrary to morals, good customs or public
policy. (Baksh v CA)
Note:
 Common element (Art 19 and 21): Act must be intentional
 Art 20 does not distinguish, the act may be done either wilfully
or negligently.
2) Independent Civil Actions – an action for damages that can be
brought separately and independently form the criminal action
 Requires only preponderance of evidence to hold one
liable
 The offended party shall not recover damages twice for
the same act or omission
 These independent civil actions cannot even constitute a
prejudicial question to justify suspension of the criminal action
because they can proceed independently of each other.
Actions that can be prosecuted independently:
a) Art 32. Any public officer or employee, or any private individual,
who directly or indirectly obstructs, defeats, violates or in any
manner impedes or impairs any of the following rights and
liberties of another person shall be liable to the latter for
damages:
(1) Freedom of religion;
(2) Freedom of speech;
(3) Freedom to write for the press or to maintain a periodical
publication;
(4) Freedom from arbitrary or illegal detention;
(5) Freedom of suffrage;
(6) The right against deprivation of property without due
process of law;
(7) The right to a just compensation when private property is
taken for public use;
(8) The right to the equal protection of the laws;
(9) The right to be secure in one's person, house, papers, and
effects against unreasonable searches and seizures;
(10) The liberty of abode and of changing the same;
(11) The privacy of communication and correspondence;
(12) The right to become a member of associations or societies
for purposes not contrary to law;
(13) The right to take part in a peaceable assembly to petition
the Government for redress of grievances;
(14) The right to be a free from involuntary servitude in any
form;
(15) The right of the accused against excessive bail;
(16) The right of the accused to be heard by himself and
counsel, to be informed of the nature and cause of the
accusation against him, to have a speedy and public trial,
to meet the witnesses face to face, and to have
compulsory process to secure the attendance of witness in
his behalf;
(17) Freedom from being compelled to be a witness against
one's self, or from being forced to confess guilt, or from
being induced by a promise of immunity or reward to
make such confession, except when the person confessing
becomes a State witness;

(18) Freedom from excessive fines, or cruel and unusual
punishment, unless the same is imposed or inflicted in
accordance with a statute which has not been judicially
declared unconstitutional; and
(19) Freedom of access to the courts.
In any of the cases referred to in this article, whether or not the
defendant's act or omission constitutes a criminal offense, the
aggrieved party has a right to commence an entirely separate and
distinct civil action for damages, and for other relief. Such civil action
shall proceed independently of any criminal prosecution (if the latter
be instituted), and may be proved by a preponderance of evidence.
The indemnity shall include moral damages. Exemplary damages
may also be adjudicated.
c)
The responsibility herein set forth is not demandable from a judge
unless his act or omission constitutes a violation of the Penal Code
or other penal statute.
 Purpose of the legislature in including Art 32 in NCC (Aberca v
Ver): To provide a sanction to the deeply cherished rights and
freedoms enshrined in the Constitution.
 Ones who may held liable: Public officers or employees and
private individuals.
 Judges are not included except when their acts or
omission constitute violation of penal laws.
 An officer or employee or person, directly or indirectly,
responsible for the violation of the constitutional rights
and liberties of another.
 It is not the actor alone but also the person indirectly
responsible has to answer for the damages or injury
caused to the aggrieved party.
 To become liable: it is enough that there was a violation of
the constitutional rights of the plaintiffs. not required that
defendants should have acted with malice or bad faith
Torts and Dmgs
Based on Atty Legaspi
 Although it includes murder or homicide, it does not
extend to criminal negligence
 (Corpus v Paje) Criminal Negligence (Reckless Imprudence)
is not one of the three crimes mentioned in Art 33, which
authorizes the institution of an independent civil action
 (People v Buan) Offense of criminal negligence lies in the
execution of an imprudent or negligent act that, if
intentionally done, would be punishable as a felony.
o The law penalizes the negligent or careless act,
not the result.
o The gravity of consequence is only taken into
account to determine the penalty; it does not
qualify the substance of the offense.
Art 34. When a member of a city or municipal police force
refuses or fails to render aid or protection to any person in case
of danger to life or property, such peace officer shall be
primarily liable for damages, and the city or municipality shall
be subsidiarily responsible therefor. The civil action herein
recognized shall be independent of any criminal proceedings,
and a preponderance of evidence shall suffice to support such
action.
 Any person who suffered injury or damage not only to
their person but also to their property – or even though
they have yet to suffer any damage or injury to their
person or property because mere danger will suffice
 Because the refusal or failure to render aid or protection
by any member of the police force will entitle them to
recover damages under the law.

Reason why malice or bad faith is not an essential element: (Lim v

Ponce) To make malice or bad faith an essential element, it would
defeat the main purpose of Art 32 which is the effective protection
of individual rights

b) Art 33. In cases of defamation, fraud, and physical injuries a civil

action for damages, entirely separate and distinct from the
criminal action, may be brought by the injured party. Such civil
action shall proceed independently of the criminal prosecution,
and shall require only a preponderance of evidence.

DEFAMATION – includes libel and slander, means the offense of

injuring a person’s character, fame, or reputation through false and
malicious statements.
 It tends to injure reputation or to diminish the esteem,
respect, good will or confidence in the plaintiff or to excite
derogatory feelings or opinions about the plaintiff
 It is the publication of anything which is injurious to the
good name or reputation of another or tends to bring
them into disrepute
 It is an invasion of a relational interest since it involves the
opinion which others in the community may have, or tend
to have, of the plaintiff.

FRAUD – includes criminal offenses where fraud is an important

element such as the criminal cases of estafa and other forms of
swindling under Art 315 and 316

PHYSICAL INJURIES – cannot merely be understood in its technical

sense as serious, less serious and slight physical injuries.
 (Capuno v Pepsi-Cola) It includes bodily injuries causing
death.
 A civil action for damages based on Art 33 can be
commenced by the heirs upon the death of the decedent,
and the same is not stayed by the filing of a criminal
action. Therefore, it also includes the crimes of murder or
homicide.
 Torts and Dmgs
Based on Atty Legaspi

CHAPTER IX: STRICT LIABILITY
STRICT LIABILITY – liability without fault
 A defendant subject to strict liability must pay damages
irrespective of whether they have met, or failed to meet, an
applicable standard of conduct.
Examples where one can be held liable without the requirement of
finding any fault or negligence:
a) Art 2183 The possessor of an animal or whoever may make use
of the same is responsible for the damage which it may cause,
although it may escape or be lost. This responsibility shall cease
only in case the damage should come from force majeure or
from the fault of the person who has suffered damage.
b) Art 2187 Manufacturers and processors of foodstuffs, drinks,
toilet articles and similar goods shall be liable for death or
injuries caused by any noxious or harmful substances used,
although no contractual relation exists between them and the
consumers.
 This is akin to a product liability tort cases applicable for some
foreign jurisdiction.
 When a manufacturer presents its goods to the public for sale,
it represents that they are suitable for the intended use;
 To invoke the doctrine of strict liability based on this kind of
tort, it is essential to prove that the product was defective
when placed in the stream of commerce.
 In our jurisdiction, manufacturers and processors of these
products can be held liable even though there is no privity of
contract between the manufacturers and the consumers

 It is the possession and not ownership of animal that is the

determining factor for one to be held liable under this article c) Art 2193 The head of a family that lives in a building or a part
 There are only two situations where such possessor may escape thereof, is responsible for damages caused by things thrown or
liability: falling from the same.
a. If the damage is caused by force majeure; or
b. Through the fault of the person who has suffered damage  This article makes liable for damages the head of a family that
lives in a bldg for anything that was thrown or falling from the
(Afialda v Hisole) same even without a finding of fault or negligence on their part.
Facts:  Head of the family is not limited to the owner of the bldg. It
 The complaint alleged that the deceased, Loreto Afialda, was may even include the lesse. (Dingcong v Kanaan)
employe by the respondents as caretaker of their carabaos at a
fixed compensation;
 That while tending the animals he was, on March 21, 1947,
gored by one of them and later died as a consequence of his
injuries;
 That the mishap was due neither to his own fault nor to force
majeure
 Before filing their answer, respondents moved for the dismissal
of the complaint for lack of a COA, which was granted by the
lower court.

Issue: WON the respondents should be held liable for damages

Ruling: No
 This opinion appears to have been rendered in a case where an
animal caused injury to a stranger or 3rd person
 It is therefore no authority for a case like the present where the
person injured was the caretaker of the animal
 The distinction is important
 For the statute names the possessor or user of the animal as
the person liable for any damages it may cause, and this for the
obvious reason that the possessor or user has the custody and
control of the animal and is therefore the one in a position to
prevent it from causing damage.
 In the present case, the animal was in custody and under the
control of the caretaker, who was paid for his work as such
 Obviously, it was the caretaker’s business to try to prevent the
animal from causing injury or damage to anyone, including
himself
 And being injured by the animal under those circumstances,
was one of the risks of the occupation which he had voluntarily
assumed for which he must take the consequences.
 Torts and Dmgs
Based on Atty Legaspi

PART TWO: DAMAGES Chapter XI – KINDS OF DAMAGES

CHAPTER X: GENERAL PROVISIONS ON DAMAGES
Governing the award of damages: Art 1157
DAMAGE DAMAGES
Refers to injury or loss Refer to recompense or
compensation awarded for the
damages suffered
It can only be awarded only in
monetary form, which must be a
legal tender in the PH
(Sec 53, RA 7653; BSP CN 537,
s2006) Coins to be considered as
legal tender must reach the ff
amount:
1) 1,000 for denomination of
1, 5 and 10 peso coins
2) 100 for the denomination
of 1, 5, 10, 25 centavos
DAMAGE INJURY
Loss, hurt, or harm which results Illegal invasion of a legal right
from the injury
To warrant recovery of damage
1) a right of action for a legal wrong inflicted by the defendant
2) Damage resulting to the plaintiff
There are different kinds of damages that a court can award to an
injured person. These are the following:
a. Actual damages;
b. Moral damages;
c. Nominal damages;
d. Temperate or moderate damages;
e. Liquidated damages; and,
f. Exemplary or corrective damages
A. ACTUAL DAMAGES – to the compensation for the loss suffered.
The rule regarding the award of actual damages is that one is
entitled only to an adequate compensation for the pecuniary
loss suffered by them as they have duly prove except as
otherwise provided by law or stipulation.
To recover actual damages: The claimant must prove the actual
amount of loss with a reasonable degree of certainty premised upon
competent proof and on the best evidence obtainable.
 Actual damages cannot be presumed – Actual damages
cannot be anchored on mere surmises, speculations or
conjectures.
Purpose: to repair the wrong that has been done, to compensate for
the injury inflicted, and not to impose a penalty.
 It is construed to include all damages that the plaintiff may
have suffered in respect to their property, business, trade,
profession, or occupation,

Principle of Damnus Absque Injuria (Damage without Injury)
 Wrong without damage, or damage without wrong, does not
constitute a COA
 One may use any lawful means to accomplish a lawful purpose
and though the means adopted may cause damage to another,
no COA arises in the latter’s favour.
Under Art 2199 “actual or compensatory damages are
those awarded in satisfaction of, or in recompense for, loss or
injury sustained. They proceed from a sense of natural justice
and are designed to repair the wrong that has been done, to
compensate for the injury inflicted and not to impose a
penalty.”

Who must bear the consequences in case the principle of damnus
absque injuria is present: must be borne by the injured person
alone. The law affords no remedy for damages resulting from an act
which does not amount to a legal injury or wrong
What must show in order that the law will give redress for an act
causing damage: Must show that the act must be not only hurtful
but also wrongful (Damnum Et Injuria)
 If a person sustain actual damage (Harm or loss to person
or property) but without sustaining any legal injury –
damage is considered Damnus Absque Injuria
There are instances where a person can still be held liable for
damages because the principle of damnum absque injuria is absent
a) when there is abuse a person of their right that they are
invoking
 The exercise of a right, though legal by itself, must be in
accordance with the proper norm.
 When the right is exercised arbitrarily, unjustly or
excessively and results in damage to antoher, a legal
wrong is committed for which the wrongdoer must be held
responsible.
b) when the exercise of a right is suspended or already
extinguished pursuant to a court order, the principle of
damnum absque injuria no longer exist. In other words,
principle of abuse of right found in Art 19 of the CC can be
invoked in certain cases
Burden of proof: is on the party who would be defeated if no
evidence would be presented on either side.
 He must establish his case by a preponderance of evidence
which means that the evidence, as a whole, adduced by
one side is superior to that of the other.
GR: Art 2199 states that one must be adequately compensated
for the pecuniary loss suffered by them as they have duly
proved except as otherwise provided.
XPN: (Art 2220) Indemnification for damages shall comprehend
not only the value of the loss suffered, but also that of the
profits which the obligee failed to obtain.
Note: it is not only for the actual loss that the injured party can be
compensated (damnum emergens) but also for the profits which
they failed to obtain (lucrum cessans).
Difference between actual damages and compensatory damages.
DAMNUM EMERGENS LUCRUM CESSANS
refers to the value of the loss comprehends the profits which
suffered the obligee failed to obtained,

Two kinds of actual or compensatory damages:
1) DAñO EMERGENTE – one is the loss of what a person already
possesses; and
2) LUCRO CESANTE – is the failure to receive as a benefit that
which would have pertained to him
 Where goods are destroyed by the wrongful act of the
defendant the plaintiff is entitled to their value at the time
of destruction, that is, normally, the sum of money which
he would have to pay in the market for identical or
essentially similar goods, plus in a proper case damages for
the loss of use during the period before replacement.
 In other words, in the case of profit-earning chattels, what
has to be assessed is the value of the chattel to its owner
as a going concern at the time and place of the loss, and
this means, at least in the case of ships, that regard must
be had to existing and pending engagements
 If the market value of the ship reflects the fact that it is in
any case virtually certain of profitable employment, then
nothing can be added to that value in respect of charters
actually lost, for to do so would be pro tanto to
compensate the plaintiff twice over. On the other hand, if
the ship is valued without reference to its actual future
engagements and only in the light of its profit-earning
potentiality, then it may be necessary to add to the value
thus assessed the anticipated profit on a charter or other
engagement which it was unable to fulfill.
 What the court has to ascertain in each case is the
"capitalised value of the vessel as a profit-earning machine
not in the abstract but in view of the actual
circumstances," without, of course, taking into account
considerations which were too remote at the time of the
loss.
 While indemnification for actual or compensatory damages
covers not only the loss suffered (damnum emergens) but also
profits which the oblige failed to obtained (lucrum cessans or
ganacias frustradas)
 it is still necessary to prove the actual amount of damages
with a reasonable degree of certainty based on competent
proof and on the best evidence by the injured party.
Since the law provides that it is not only for the value of the loss
suffered but for the profits that the injured party failed to obtain can
the latter recover, the same law thus provides that they can recover
for the loss or impairment of earning capacity and for the injury to
their business standing or commercial credit, thus:
Damages may be covered: (2205)
1) For loss or impairment of earning capacity in cases of
temporary or permanent personal injury:
2) For injury to the plaintiff’s business standing or commercial
credit.
Philtranco Enterprises, Inc. and Felix Paras vs. Inland Trailways, Inc.
 the Court held that compensatory damages or
lucrumcessanscan be justifiably awarded in case of loss or
impairment of earning capacity because of temporary or
permanent personal injury, thus:
 According to 2205(1), damages may be recovered for loss or
impairment of earning capacity in cases of temporary or
permanent personal injury. Indeed, indemnification for
damages comprehends not only the loss suffered (actual
damages or damnum emergens) but also the claimant’s lost
profits (compensatory damages or lucrum cessans).
 Even so, the formula that has gained acceptance over time has
limited recovery to net earning capacity x xx.
With respect to the injury to the plaintiff’s business standing or
commercial credit, the court has in many cases justified the award of
compensatory damages in the following manner,
 The financial credit of a businessman is a prized and
valuable asset, it being a significant part of the foundation
of his business. Any adverse reflection thereon constitutes
some material loss to him.
Torts and Dmgs
Based on Atty Legaspi
 As stated in the case Atlanta National Bank vs. Davis, "it
can hardly be possible that a customer's check can be
wrongfully refused payment without some impeachment
of his credit, which must in fact be an actual injury, though
he cannot, from the nature of the case, furnish
independent, distinct proof thereof."
Thus, even though the reasonable certainty of the award thereof
cannot be determines, the law finds it reasonable to award
compensatory damages for the reason given by the court in the
above cited case. In fact in some cases, the court even riled that
absolute certainty of the amount of damage or injury is not required
in case of injury to business standing or credit, thus:
 Article 2205 provides that actual or compensatory
damages may be received "(2) for injury to the plaintiff s
business standing or commercial credit."
 There is no question that the petitioner did sustain actual
injury as a result of the dishonored checks and that the
existence of the loss having been established "absolute
certainty as to its amount is not required."
It is not only in cases of temporary or permanent personal injury
where a person can claim damages for loss of earning capacity as
provided in the foregoing. The succeeding article also provides
damages based on loss of earning capacity in case of death together
with the claim of civil indemnity, thus:
 The amount of damages for death caused by a crime or
quasi-delict shall be at least three thousand pesos, even
though there may have been mitigating circumstances.
 In addition: The defendant shall be liable for the loss of the
earning capacity of the deceased, and the indemnity shall
be paid to the heirs of the latter; such indemnity shall in
every case be assessed and awarded by the court, unless
the deceased on account of permanent physical disability
not caused by the defendant, had no earning capacity at
the time of his death: x xx
 With regard to the amount of civil indemnity, it is no longer Php
3,000 as indicated in the codal provision.
a. In cases of crimes and quasi-delict - The amount has since
been increased to Php 50,000
b. In crimes of murder – some cases hold that the amount to
be awarded is Php 75, 000.
With regard to loss of earning capacity in cases of permanent or
temporary personal injury, or even death of a person, jurisprudence
has provided the formula of computing the same.
(Villa Rey Transit vs. CA) the same shall be computed as follows:
 Life Expectancy = 2/3 (80- Age of the Deceased)
 Net Earning Capacity = Life Expectancy (Gross Annual Income –
Living Expenses)
 To arrive at the net income, the formula states that it should be
gross annual income minus the living expenses.
(Smitt Bell v Borja) How can we arrive with the computation if
there is no sufficient evidence to prove living expenses?
 The court has said that in the absence of evidence to prove
living expenses, there arises a presumption that it is 50% of the
gross income.

What then is the rule regarding the award of damages in case of loss
of earning capacity if the deceased is a minor? The rule is summed in
this wise:
Compensation of this nature is awarded not for loss of
earnings but for loss of capacity to earn money. Evidence must be
presented that the victim, if not yet employed at the time of death,
was reasonably certain to complete training for a specific
profession. In People v. Teehankee no award of compensation for
loss of earning capacity was granted to the heirs of a college
freshman because there was no sufficient evidence on record to
show that the victim would eventually become a professional
pilot. But compensation should be allowed for loss of earning
capacity resulting from the death of a minor who has not yet
commenced employment or training for a specific profession if
sufficient evidence is presented to establish the amount thereof. In
the United States it has been observed:
This raises the broader question of the proper measure of
damages in death cases involving children, housewives, the old, and
others who do not have market income so that there is no pecuniary
loss to survivors or to the estate of the decedent. The traditional
approach was to award no or merely nominal damages in such
cases. . . . Increasingly, however, courts allow expert testimony to be
used to project those lost earnings.
in Haumersen v. Ford Motor Co.,   
 the court allowed the heirs of a seven-year-old boy who was
killed in a car accident to recover compensation for loss of
earning capacity:
 Considerable evidence was presented by plaintiffs in an
effort to give the jury a foundation on which to make an
award. Briefly stated, this evidence showed Charles
Haumersen was a seven-year-old of above average
characteristics. He was described as "very intelligent" and
"all-American."
 He received high marks in school. He was active in church
affairs and participated in recreational and athletic events,
often with, children older than himself. In addition, he had
an unusual talent for creating numerous cartoons and
other drawings, some of which plaintiffs introduced at
trial.
 The record does not disclose passion and prejudice. The
key question is whether the verdict of $100,000 has
support in the evidence.
 Upon analysis of the record, we conclude that we should
not disturb the award.
The argument for allowing compensation for loss of earning capacity
of a minor is even stronger if he or she was a student, whether
already training for a specific profession or still engaged in general
studies.
In Krohmer v. Dahl,  tracks.
 the court, in affirming the award by the jury of $85,000.00 to
the heirs of an eighteen-year-old college freshman who died of
carbon monoxide poisoning, stated as follows:
 There are numerous cases that have held admissible
evidence of prospective earnings of a student or trainee.
 The appellants contend that such evidence is not
admissible unless the course under study relates to a given
occupation or profession and it is shown that the student
is reasonably certain to follow that occupation or
profession.
 It is true that the majority of these decisions deal with
students who are studying for a specific occupation or
profession. However, not one of these cases indicate that
Torts and Dmgs
Based on Atty Legaspi
evidence of one's education as a guide to future earnings
is not admissible where the student is engaged in general
studies or whose education does not relate to a specific
occupation.
Metro Manila Transit, the circumstances considered by the Court in
granting damages to the parents of the deceased student are the
following:
 In sharp contrast with the situation obtaining in People v.
Teehankee, where the prosecution merely presented
evidence to show the fact of the victim's graduation from
high school and the fact of his enrollment in a flying
school, spouses Rosales did not content themselves with
simply establishing Liza Rosalie's enrollment at UP
Integrated School.
 They presented evidence to show that Liza Rosalie was a
good student, promising artist, and obedient child. She
consistently performed well in her studies since grade
school. 
 A survey taken in 1984 when Liza Rosalie was twelve years
old showed that she had good study habits and
attitudes. Cleofe Chi, guidance counselor of the University
of the Philippines Integrated School, described Liza Rosalie
as personable, well-liked, and with a balanced
personality. Professor Alfredo Rebillon, a faculty member
of the University of the Philippines College of Fine Arts,
who organized workshops which Liza Rosalie attended in
1982 and 1983, testified that Liza Rosalie had the potential
of eventually becoming an artist. 
 Professor Rebillon's testimony is more than sufficiently
established by the 51 samples of Liza Rosalie's watercolor,
charcoal, and pencil drawings submitted as exhibits by the
spouses Rosales. 
Neither MMTC nor Pedro Musa controverted this
evidence.
 Considering her good academic record, extra-curricular
activities, and varied interests, it is reasonable to assume
that Liza Rosalie would have enjoyed a successful
professional career had it not been for her untimely death.
in Metro Manila Transit
 it is pronounced that evidence provided by the heirs of the
minor or a deceased student that the latter would have enjoyed
a successful professional career had it not been for her
untimely death justifies the award of loss of earning to the
parents of the deceased.
In Abrogar,
 the court held that the basis for the computation of loss of
earning capacity (in case of a minor) is not what they would
have become or what they would have wanted to be if not for
their untimely death, but the minimum wage in effect at the
time of their death, thus:
In Perena v. Zarate,
 the Court fixed damages for loss of earning capacity to be paid
to the heirs of the 15-year-old high school student of Don Bosco
Technical Institute killed when a moving train hit the school van
ferrying him to school while it was traversing the railroad
 The RTC and the CA had awarded damages for loss of earning
capacity computed on the basis of the minimum wage in effect
at the time of his death. Upholding said findings, the Court
opined:
 the fact that Aaron was then without a history of earnings
should not be taken against his parents and in favor of the
defendants whose negligence not only cost Aaron his life and
his right to work and earn money, but also deprived his parents
of their right to his presence and his services as well. xxx.
 Accordingly, we emphatically hold in favor of the
indemnification for Aaron's loss of earning capacity despite him
having been unemployed, because compensation of this nature

is awarded not for loss of time or earnings but for loss of the
deceased's power or ability to earn money.”
 The petitioners sufficiently showed that Rommel was, at the
time of his untimely but much lamented death, able-bodied, in
good physical and mental state, and a student in good standing.
It should be reasonable to assume that Rommel would have
finished his schooling and would turn out to be a useful and
productive person had he not died. Under the foregoing
jurisprudence, the petitioners should be compensated for
losing Rommel's power or ability to earn. The basis for the
computation of earning capacity is not what he would have
become or what he would have wanted to be if not for his
untimely death, but the minimum wage in effect at the time of
his death.  by way of attorney’s fee is an indemnity for
There are rules to be observed in granting actual or compensatory
damages in different cases. In crimes and quasi delicts, the law
states that the defendant shall be liable for all damages which are
the natural probable consequences of the act or omission
complained of, thus:
 In crimes and quasi-delicts, the defendant shall be liable
for all damages which are the natural and probable
consequences of the act or omission complained of. It is
not necessary that such damages have been foreseen or
could have reasonably been foreseen by the defendant.
The best illustration of this provision is the ruling of the
court in Mercury Drug vs. Huang, where the court held the
following:
 Petitioners are also liable for all damages which are the
natural and probable consequences of the act or omission
complained of.
 The doctors who attended to respondent Stephen are one
in their prognosis that his chances of walking again and
performing basic body functions are nil.
 For the rest of his life, he will need continuous
rehabilitation and therapy to prevent further
complications such as pneumonia, bladder and
rectuminfection, renal failure, sepsis and severe bed sores,
osteoporosis and fractures, and other spinal cord injury-
related conditions.
 He will be completely dependent on the care and support
of his family.
 We thus affirm the award of ₱23,461,062.00 for the life
care cost of respondent Stephen Huang, based on his
average monthly expense and the actuarial computation
of the remaining years that he is expected to live;
Attorney’s Fees
The attorney’s fee contemplated in the following provision
is in the form if indemnity for damages to be awarded to an injured
person or to the plaintiff. It is not the kind of attorney’s fee that
served as compensation for the services rendered by a lawyer to
their client. The former is called extraordinary attorney’s fee while
the latter is called ordinary attorney’s fee.
In number of cases the Court has explained the differences and
similarities between the two, thus:
 In order to resolve the issues in this case, it is necessary
to discuss the two concepts of attorney’s fees – ordinary
and extraordinary.
 In its ordinary sense, it is the reasonable compensation
paid to a lawyer by his client for legal services rendered.
Torts and Dmgs
Based on Atty Legaspi
In its extraordinary concept, it is awarded by the court to
the successful litigant to be paid by the losing party as
indemnity for damages. 
 Although both concepts are similar in some respects,
they differ from each other, as further explained below:
 The attorney’s fee which a court may, in proper cases,
award to a winning litigant is, strictly speaking, an item of
damages.
 It differs from that which a client pays his counsel for the
latter’s professional services.
 However, the two concepts have many things in common
that a treatment of the subject is necessary. 
 The award that the court may grant to a successful party
damages sustained by him in prosecuting or defending,
through counsel, his cause in court.
 It may be decreed in favor of the party, not his lawyer, in
any of the instances authorized by law. On the other
hand, the attorney’s fee which a client pays his counsel
refers to the compensation for the latter’s services.
 The losing party against whom damages by way of
attorney’s fees may be assessed is not bound by, nor is
his liability dependent upon, the fee arrangement of the
prevailing party with his lawyer.
 The amount stipulated in such fee arrangement may,
however, be taken into account by the court in fixing the
amount of counsel fees as an element of damages.
 The fee as an item of damages belongs to the party
litigant and not to his lawyer.
 It forms part of his judgment recoveries against the losing
party.
 The client and his lawyer may, however, agree that
whatever attorney’s fee as an element of damages the
court may award shall pertain to the lawyer as his
compensation or as part thereof.
 In such a case, the court upon proper motion may require
the losing party to pay such fee directly to the lawyer of
the prevailing party.
The two concepts of
attorney’s fees are similar in other
respects. They both require, as a
prerequisite to their grant, the
intervention of or the rendition of
professional services by a lawyer. As
a client may not be held liable for
counsel fees in favor of his lawyer
who never rendered services, so too
may a party be not held liable for
attorney’s fees as damages in favor of
the winning party who enforced his
rights without the assistance of
counsel. Moreover, both fees are
subject to judicial control and
modification. And the rules governing
the determination of their reasonable
amount are applicable in one as in
the other.
In what instances can an attorney’s fee as indemnity for
damages be recovered? The law provides that it can be recovered in
any of the following instances, thus:
In the absence of stipulation, attorney's fees and expenses of
litigation, other than judicial costs, cannot be recovered, except:
(1) When exemplary damages are awarded;
(2) When the defendant's act or omission has compelled the
plaintiff to litigate with third persons or to incur expenses to
protect his interest;
(3) In criminal cases of malicious prosecution against the plaintiff;
(4) In case of a clearly unfounded civil action or proceeding against
the plaintiff;

(5) Where the defendant acted in gross and evident bad faith in
refusing to satisfy the plaintiff's plainly valid, just and
demandable claim;
(6) In actions for legal support;
(7) In actions for the recovery of wages of household helpers,
laborers and skilled workers;
(8) In actions for indemnity under workmen's compensation and
employer's liability laws;
(9) In a separate civil action to recover civil liability arising from a
crime;
(10) When at least double judicial costs are awarded;
(11) In any other case where the court deems it just and equitable
that attorney's fees and expenses of litigation should be
recovered.
Thus, to justify award of attorney’s fee, it must be in any of
the instances provided in the foregoing. Also jurisprudence has
provided another requirement for its award. According to settled
jurisprudence:
 The accepted rule is that the reason for the award of
attorney's fees must be stated in the text of the court's
decision; otherwise, if it is stated only in the dispositive
portion of the decision, the same must be disallowed on
appeal.
 The award of attorney's fees being an exception rather
than the general rule, it is necessary for the court to make
findings of facts and law that would bring the case within
the exception and justify the grant of such award.
Thus, case law provides that attorney’s fees must be stated
in the text of the decision and not only in the dispositive portion to
merit its award. The underlying reason for this requirement is
because the award of attorney’s fees being an exception rather than
the general rule, it is necessary for the court to make findings of
facts and law that would bring the case within the exception and
justify the grant of such award. If the award of attorney’s fees is
stated only in the dispositive portion of the decision, the same must
be disallowed on appeal.
Interest
Another form of damages that can be awarded by court in
quasi-delict cases is interest as provided in Articles 2209 to 2213 of
the Civil Code. It is called compensatory interest as distinguished
from the monetary interest. The distinction between the two is
provided as follows:
There are two kinds of interest –
monetary and compensatory.
“Monetary interest refers to the
compensation set by the parties for
the use or forbearance of
money.” No such interest shall be
due unless it has been expressly
stipulated in writing. “On the other
hand, compensatory interest refers
to the penalty or indemnity for
damages imposed by law or by the
courts.”27 The interest mentioned in
Articles 2209 and 2212 of the Civil
Code applies to compensatory
interest.
Interest as a part of damages is allowed, not by application
or arbitrary rules, but as a result of the justice of the individual case
and as compensation to the injured party.
Torts and Dmgs
Based on Atty Legaspi
In cases of crimes and quasi-delicts, the law has provided
the rules regarding the imposition of interest as part of damages,
thus:
In crimes and quasi-delicts,
interest as a part of the damages
may, in a proper case, be adjudicated
in the discretion of the court.
Interest due shall earn legal
interest from the time it is judicially
demanded, although the obligation
may be silent upon this point.
Interest cannot be
recovered upon unliquidated claims
or damages, except when the
demand can be established with
reasonable certainty.
With regard to the amount of interest to be imposed in
cases involving quasi-delict, the BangkoSentralngPilipinas through
circular has provided that it should be at the rate of 6% per annum,
thus:
The rate of interest for the
loss or forebearance of any money,
goods or credits and the rate allowed
in judgments, in the absence of an
express contract as to such rate of
interest, shall be (6%) per annum.
Hence, the rules laid down in Eastern Shipping Lines vs. CA
with regard to the imposition of interest even in the form of
damages are now modifies in Nacar vs. Gallery Frames, Inc., thus:
 When the obligation is breached, and it consists in the
payment of a sum of money, i.e., a loan or forbearance of
money, the interest due should be that which may have
been stipulated in writing.
 Furthermore, the interest due shall itself earn legal
interest from the time it is judicially demanded. In the
absence of stipulation, the rate of interest shall be 12% per
annum to be computed from default, i.e., from judicial or
extrajudicial demand under and subject to the provisions
of Article 1169 of the Civil Code.
 When an obligation, not constituting a loan or forbearance
of money, is breached, an interest on the amount of
damages awarded may be imposed at the discretion of the
court at the rate of 6% per annum. No interest, however,
shall be adjudged on unliquidated claims or damages
except when or until the demand can be established with
reasonable certainty.
 Accordingly, where the demand is established with
reasonable certainty, the interest shall begin to run from
the time the claim is made judicially or extrajudicially (Art.
1169, Civil Code) but when such certainty cannot be so
reasonably established at the time the demand is made,
the interest shall begin to run only from the date the
judgment of the court is made (at which time the
quantification of damages may be deemed to have been
reasonably ascertained).
 The actual base for the computation of legal interest shall,
in any case, be on the amount finally adjudged.
 When the judgment of the court awarding a sum of money
becomes final and executory, the rate of legal interest,
whether the case falls under paragraph 1 or paragraph 2,
above, shall be 12% per annum from such finality until its
satisfaction, this interim period being deemed to be by
then an equivalent to a forbearance of credit.

In awarding damages, it is not only the defendant who has
an obligation (whose duty consists of paying damages in favor of the
injured party). The plaintiff also has a corresponding obligation on
their part. Such obligation is stated in Article 2203 of the Civil Code,
thus:
 The party suffering loss or injury must exercise the
diligence of a good father of a family to minimize the
damages resulting from the act or omission complained
of.
The above-cited article, which deals with the obligation of
the plaintiff when he or she has become a victim of negligence or
any act constituting quasi-delict, is more of a caveat, for it does not
state any consequences for its violation, unlike when a person is
guilty of contributory negligence for acts or omission that is about to
happen and may cause damage or injury to the latter. Such
contributory negligence warrants the reduction of the amount of
damages to be awarded.
There are also circumstances that, although the obligation on the
part of the defendant to pay damages is recognized, will justify the
mitigation of the obligation if the following instances are present:
 In contracts, quasi-contracts, and quasi-delicts, the court
may equitably mitigate the damages under circumstances
other than the case referred to in the preceding article, as
in the following instances:
(1) That the plaintiff himself has contravened the terms of the
contract;
(2) That the plaintiff has derived some benefit as a result of the
contract;
(3) In cases where exemplary damages are to be awarded, that the
defendant acted upon the advice of counsel;
(4) That the loss would have resulted in any event;
(5) That since the filing of the action, the defendant has done his
best to lessen the plaintiff's loss or injury.
The preceding article being referred to in the above-cited
provision refers to the contributory negligence on the part of the
plaintiff in a case for quasi-delict, which warrants the reduction of
damages to be awarded.
B. MORAL DAMAGES
MORAL DAMAGES – this form of damages is not punitive in nature
but is designed to compensate and alleviate in some way the
physical suffering, mental anguish, fright, serious anxiety,
besmirched reputation, wounded feelings, moral shock, social
humiliation, and similar injury unjustly caused to a person (2217)
 Though incapable of pecuniary computation, moral
damages may be recovered: if they are the proximate
result of the defendant’s wrongful act for omission
 It is awarded to enable the injured party to obtain means,
diversions or amusements that will serve to alleviate the moral
suffering they have undergone, by reason of the defendant’s
culpable action
 Its award aimed at restoration, as much as possible, of the
spiritual status quo ante; It must be proportionate to the
suffering inflicted
 Purpose: indemnity or reparation, not punishment or
correction.
 Not intended to enrich a complainant at the expense of a
defendant, it is awarded only to enable the injured party
to obtain means, diversions or amusements that will serve
to alleviate the moral suffering he has undergone by
reason of the defendant’s culpable action
When Moral damages can be recovered
 When the physical suffering, mental anguish, fright, serious
anxiety, besmirched reputation, wounded feelings, moral
shock, social humiliation, or similar injury suffered by the
Torts and Dmgs
Based on Atty Legaspi
plaintiff is the proximate result of the defendant’s wrongful act
or omission
 Can be recovered only if, because of the wrong committed by
the defendant against the plaintiff either through intentional
acts or negligence, the latter suffered physical suffering, mental
anguish, fright, serious anxiety, wounded feelings and the like
 It is not enough that the plaintiff must have suffered those
kinds of emotional injury.
There are specific instances of acts of negligence or intentional acts
to award moral damages, the following are: (2219)
1) Criminal offense resulting in physical injuries
2) Quasi-delicts causing physical injuries
3) Seduction, abduction, rape or other lascivious acts
 Parents of female seduced, abducted, raped, or abused –
may recover moral damages.
4) Adultery or concubinage
5) Illegal or arbitrary detention or arrest
6) Illegal search
7) Libel, slander or any other form of defamation
8) Malicious prosecution
9) Acts mentioned in Art 309 (Any person who shows disrespect to
the dead, or wrongfully interferes with a funeral – liable to the
family of the deceased for damages, material and moral)
 Sps, descendants, ascendants, and brothers and sisters –
may bring an action
10) Acts and actions referred to in Art 21, 26, 27, 28, 29, 30, 32, 34,
and 35
Art 2220 provides for another instance when moral damages
can be awarded:
“Willful injury to property may be a legal ground for
awarding moral damages if the court should find that,
under the circumstances, such damages are justly due.
Same rule applies to breaches of contract where the
defendant acted fraudulently or in bad faith”
Award of moral damages requires certain conditions that must be
met:
a. There must be an injury, whether physical, mental or
psychological, clearly sustained by the claimant
b. There must be a culpable act or omission factually established
c. The wrongful act or omission of the defendant is the proximate
cause of the injury sustained by the claimant
d. The award of damages is predicated on any of the cases stated
in Art 2219 and 2220
Mendoza v Gomez
 Moral damages are awarded to enable the injured party to
obtain means, diversions or amusements that will serve to
alleviate the moral suffering he has undergone, by reason of
the defendant’s culpable action.
 In prayers for moral damages, recovery is more an exception
rather than the rule.
 Moral damages are not meant to be punitive but are designed
to compensate and alleviate the physical suffering, mental
anguish, fright, serious anxiety, besmirched reputation,
wounded feelings, moral shock, social humiliation, and similar
injury caused to a person
 To be entitled: claimant must satisfactorily prove that he has
suffered damages and that the injury causing it has sprung from
any of the cases listed in Art 2219 and 2220
 Damages must be shown to be the proximate result of a
wrongful act or omission
 Claimant must establish the factual basis of the damages and its
causal ties with the acts of the defendant
 In fine, an award of moral damages calls for the presentation
of:
a. Evidence of besmirched reputation or physical, mental or
psychological suffering sustained by the claimant
b. A culpable act or omission factually established
c. Proof that the wrongful act or omission of the defendant is
the proximate cause of the damages sustained by the
claimant; and

d. The proof that the act is predicated on any of the instances
expressed or envisioned by Art 2219 and 2220
 (2219) Seduction, abduction, rape or other lascivious acts
 Parents of female seduced, abducted, raped, or abused –
may recover moral damages.
(Martires v Cokieng)
 (2219) Liability of a defendant in case of malicious prosecution.
 There is a malicious prosecution when a person directly
insinuates or imputes to an innocent person the
commission of a crime and the accused are compelled to
defend themselves in court.
 While generally associated with unfounded criminal
actions, the term has been expanded to include
unfounded civil suits instituted just to vex and humiliate
the defendant despite the absence of a cause of action or
probable cause
To merit the award of damages in a case of malicious prosecution,
the aggrieved party must prove the following:
a. That they have been denounced or charged falsely of an
offense by the defendant
b. That the latter knows that the charge was false or lacks
probable case
c. That the said defendant acted with malice; and
d. That they have suffered damage
 Elements of want of probable cause and malice must
simultaneously exist; otherwise, the presence of probable
cause signifies, as a legal consequence, the absence of malice.
 There must be proof that the prosecution was prompted by a
sinister design to vex and humiliate a person, and that it was
initiated deliberately knowing that the charge was false and
baseless to entitle the victim to damages.
Art 309 (Any person who shows disrespect to the dead, or
wrongfully interferes with a funeral – liable to the family of the
deceased for damages, material and moral)
 Sps, descendants, ascendants, and brothers and sisters –
may bring an action
 Acts and actions referred to in Art 21, 26, 27, 28, 29, 30, 32, 34,
and 35 where moral damages can also be awarded refer to
human relations cases and civil actions for damages that can be
prosecuted independently from a criminal action
 Art 21 deals with acts contra bonus mores, or those acts
that causes loss or injury to another in a manner that is
contrary to morals, good customs, public order or public
policy.
 Art 26 deals with the respect that every person shall give
to the dignity, personality, privacy and peace of mind of
their neighbours and other persons
 Art 27 refers to any material or moral loss suffered by a
person because a public servant or employee refuses or
neglects, without just cause, to perform their official duty.
 Art 28 deals with unfair competition in any business
enterprise committed by the defendant against the
plaintiff to the damage of the latter
 Art 29 deals with a situation where the separate civil case
for damages arising from the crime was instituted after the
acquittal of the accused for failure to prove their guilt
beyond reasonable doubt, and the civil case subsequently
instituted is proven to be malicious
 Art 32 deals with violation by public officers or private
individuals, either directly or indirectly, of the rights and
liberties of another person
Torts and Dmgs
Based on Atty Legaspi
 Art 34 deals with the refusal or failure of any police officer
to render aid or protection to any person in case of danger
to their life or property.
Moral damages can be recovered also when a crime pr quasi-delict
caused death to a person:
 (2206(3)) The spouse, legitimate and illegitimate
descendant and ascendants of the deceased may demand
moral damages for mental anguish by reason of the death
of the deceased.
Caravan Travel and Tours Inc v Abejar (Substitute Parental
Authority)
 The court held that given the policy underlying Art 216 and 217
of the family code as well as the purpose for awarding moral
damages, a person exercising substitute parental authority is
rightly considered an ascendant of the deceased within the
meaning of Art 2206(3)
Sulpicio Lines v CA (Brothers and Sisters not entitled to moral
damages)
 2206(3) brothers and sisters of the deceased reveals the
legislative intent to exclude them from recovery of moral
damages for mental anguish by reason of the death of the
deceased
 The solemn power and duty of the courts to interpret and apply
the law does not include the power to correct the law by
reading into it what is not written therein.
GR: Moral damages in favour of corporation – NO
 Moral damages cannot be granted in favour of a corporation,
being an artificial person and having existence only in legal
contemplation, it has no feelings, no emotions, no senses.
 It cannot experience physical suffering and mental anguish,
which can be experienced only by one having a nervous system.
XPN: (Filipinas Broadcasting Network Inc v Ago Medical and
Education Center)
 A corporation can ask for moral damages in cases of libel,
slander or any other form of defamation.
 A juridical person is generally not entitled to moral damages
because it cannot experience physical suffering or such
sentiments as wounded feelings, serious anxiety, mental
anguish or moral shock.
 However, the court’s statement in Mambulao that: A
corporation may have a good reputation which, if besmirched,
may also be a ground for the award of moral damages.
 AMEC’s claim for moral damages falls under Art 2219(7) where
it expressly authorizes the recovery of moral damages in cases
of libel, slander or any other form of defamation,
 Art 2219(7) does not qualify whether the plaintiff is a natural or
juridical person. Therefore, a juridical person such as a
corporation can validly complain for libel or any other form of
defamation and claim for moral damages.
(Kierulf v CA) How can we measure or quantify moral damages?
 Each case must be governed by its own peculiar circumstance,
there is no hard and fast rule in determining the proper
amount.
 The yardstick should be that the amount awarded should not
be so palpably and scandalously excessive as to indicate that it
was the result of passion, prejudice or corruption on the part of
the trial judge
 Neither should it be so little nor so paltry that it rubs salt to the
injury already inflicted on plaintiffs.

(Compania Maritima v Allied Free Working Union)
 Moral damages, like any other kind of damages, must also be
pleaded and proved during trial and not merely claimed in the
prayer of the complaint. Otherwise, it will not be awarded.
(Miranda-Ribaya v Carbonell)
 One’s failure to use in their testimony the precise legal terms or
sacramental phrase of mental anguish, fright, serious anxiety,
wounded feelings or moral shock and the like does not justify
the denial of the claim for damages
 It is sufficient that these exact terms have been pleaded in the
complaint and evidence has been adduced amply supporting
the averments of the complaint
(Del Rosario v CA)
 Before a court awards moral damages, it is essential that the
claimant must have satisfactorily proven during the trail the
existence of the factual basis of the damages and its causal
connection to defendant’s acts
 This is so because moral damages, though incapable of
pecuniary estimation, is in the category of an award designed to
compensate the claimant for actual injury suffered and not to
impose a penalty on the wrongdoer; and is allowable only when
specifically prayed for in the complaint.
C. NOMINAL DAMAGES
NOMINAL DAMAGES – recoverable where a legal right is technically
violated and must be vindicated against an invasion that has
produced no actual present loss of any kind, or where there has
been a breach of contract and no substantial injury or actual
damages whatsoever have been or can be shown
(PNOC Shipping and Transport Corp v CA)
 The court in some cases has ruled that nominal damages are
damages in name only and not in fact
 Where these are allowed, they are not treated as an equivalent
of a wrong inflicted but simply in recognition of the existence of
a technical injury
 However, the amount to be awarded as nominal damages shall
be equal or at least commensurate to the injury sustained by a
person considering the concept and purpose of such damage
 The amount of nominal damages to be awarded may also
depend on a certain special reasons extant in the case
(Art 2221) Nominal damages are adjudicated in order that a right of
the plaintiff, which has been violated or invaded by the defendant,
may be vindicated or recognized, and not for the purpose of
indemnifying the plaintiff for any loss suffered by him
 ND can be awareded in every kind of obligation arising
from any source enumerated in Art 1157 (Law, Contracts,
Quasi-Contracts, Delict, and Quasi-Delict, or in every case
where any property right has been invaded)
 Adjudication of ND shall preclude further contest upon the
right involved and all accessory questions, as between the
parties to the suit, or their respective heirs and assigns.
(Armovit v CA)
 The award of nominal damages shall disqualify the plaintiff for
the claim of actual or compensatory damages, because nominal
damages cannot co-exist with actual or compensatory
damages.
(Ventanilla v Centeno)
 It will also disqualify the party injured from claiming temperate
or moderate damages in view of the definition given by law to
temperate damages as more than nominal but less than
compensatory
Torts and Dmgs
Based on Atty Legaspi
D. TEMPERATE DAMAGES (TD)
 (2224) TEMPERATE DAMAGES or moderate damages, which is
more than nominal but less than compensatory
 May be recovered: when the court finds that some pecuniary
loss has been suffered but its amount cannot, from the nature
of the case, be provided with certainty.
(Araneta v Bank of America) Principle governing the award of TD
 In some States of the American Union, temperate damages are
allowed. There are cases where from the nature of the case,
definite proof of pecuniary loss cannot be offered, although the
court is convinced that there has been such loss
 For instance, injury to one’s commercial credit or to the
goodwill of a business firm is often hard to show with certainty
in terms of money
 The judge should be empowered to calculate moderate
damages in such cases, rather than the plaintiff should suffer,
without redress from the defendant’s wrongful act.
(Seven Brothers SHiping Corp v DMC- Construction Resoures Inc)
 The amount of TD to be awarded is usually left to the discretion
of the courts, but such amount must be reasonable, bearing in
mind that temperate damages should be more than nominal
but less than compensatory.
(2225) Temperate Damages must be reasonable under the
circumstance.
E. LIQUIDATED DAMAGES (LD)
(2226) LD are those agreed upon by the parties to a contract, to be
paid in case of breach
In awarding LD, the law has provided for the rules regarding the
validity:
(2227) LD, whether intended as an indemnity or a penalty,
shall be equitably reduced if they are iniquitous or
unconscionable.
(2228) When the breach of the contract committed by the
defendant is not the one contemplated by the parties in
agreeing upon the liquidated damages – the law shall
determine the measure of damages, and not the
stipulation.
F. EXEMPLARY DAMAGES
EXEMPLARY DAMAGES (Punitive or vindictive damages) – intended
to serve as a deterrent to serious wrongdoings and as a vindication
for undue sufferings and wanton invasion of the rights of an injured
or a punishment for those guilty of outrageous conduct.
 These damages are intended in good measure to deter the
wrongdoer and other like him from similar conduct in the
future
(2229) Exemplary or corrective damages are imposed, by way
of example or correction for the public good, in addition to the
moral, temperate, liquidated or compensatory damages.
(Sps Timado v Rural Bank of San jose, Inc) Requirements for an
award of exemplary damages:
a. They may be imposed by way of example or correction only in
addition, among others, to compensatory damages, and cannot
be recovered as a matter of right, their determination
 Torts and Dmgs
Based on Atty Legaspi
depending upon the amount of compensatory damages that (2234) While the amount of the exemplary damages need not be
may be awarded to the claimant proved, the plaintiff must show that he is entitled to moral,
b. The claimant must first establish their right to moral, temperate or compensatory damages before the court may consider
temperate, liquidated, or compensatory damages; and the question of whether or not exemplary damages should be
c. The wrongful act must be accompanied by bad faith; and the awarded.
award would be allowed only if the guilty party acted in a
wanton, fraudulent, reckless, oppressive, or malevolent manner In case liquidated damages have been agreed upon, although no
proof of loss is necessary in order that such liquidated damages may
Rules to be observe in each kind of case: be recovered, nevertheless, before the court may consider the
1) (2230) In criminal offenses question of granting exemplary in addition to the liquidated
 exemplary damages as a part of the civil liability may be damages, the plaintiff must show that he would be entitled to moral,
imposed when the crime was committed with one or more temperate or compensatory damages were it not for the stipulation
aggravating circumstances. for liquidated damages.
 Such damages are separate and distinct from fines and
shall be paid to the offended party. (2235) A stipulation whereby exemplary damages are renounced in
advance shall be null and void.
(People v Catubig) Meaning of aggravating circumstances as far as
the imposition of the exemplary damage
 It refers to both the aggravating and qualifying circumstances
 Reason: The law not having specified is to be understood in its
broad or generic sense
 The commission of an offense has a two-pronged effect, one on
the public as it breaches the social order and the other upon
the private victim as it causes personal sufferings, each of which
is addressed by, respectively, the prescription of heavier
punishment for the accused and by an award of additional
damages to the victim
 The increase of the penalty or a shift to a graver felony
underscored the exacerbation fo the offense by the attendance
of aggravating circumstances, whether ordinary or qualifying in
its commission.
 Unlike the criminal which is basically a State concern, the award
of damages, is likewise, if not primarily, intended for the
offended party who suffers thereby
 It would make little sense for an award of exemplary damages
to be due the private offended party when the aggravating
circumstance is ordinary to be withheld when it is qualifying

 Withal, the ordinary or qualifying nature of an aggravating

circumstance is a distinction that should only be of
consequence to the criminal, rather than to the civil liability of
the offender
 In fine, relative to the civil aspect f the case, an aggravating
circumstance whether ordinary or qualifying, should entitle the
offended party to an award of exemplary damages within the
unbridled meaning of Art 2230
 A classification of the crime whether attended by aggravating or
qualifying circumstances is important only as far as the
prosecution of the criminal case against the accused is
concerned
 Such classification does nto apply and has no relation in the
award of ED because such award pertains to the offended
partyi n the civil aspect of such criminal cases

2) (2231) In quasi-delicts, exemplary damages may be granted if

the defendant acted with gross negligence.

Mendoza v Gomez
 GROSS NEGLIGENCE – absence of care of care or diligence as to
amount to a reckless disregard of the safety of persons or
property.
 It evinces a thoughtless disregard of consequences without
exerting any effort to avoid them
 It is only when the tor committed is characterized by gross
negligence can the award of exemplary damages be made.

(2233) Exemplary damages cannot be recovered as a matter of

right; the court will decide whether or not they should be
adjudicated.

3) (2232) In contracts and quasi-contracts, the court may award

exemplary damages if the defendant acted in a wanton,
fraudulent, reckless, oppressive, or malevolent manner.