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IN CASE OF BREACH
Reporters:
Ryan Anthony G. Perea
Marivic Z. Lozano
DISTINCTIONS
1.
Substantial Factor Test In cases where the negligent actions of each tortfeasor alone
would have caused the entire injury by itself and the harm is indivisible such that damages
cannot be apportioned among the tortfeasors, each is liable for causing the entire harm.
To be liable, a defendants negligence must have played a substantial part in causing the
harm.
2.
Multiple Negligence In cases where the negligent actions of each defendant would
not have caused the injury alone, each is liable for the damage each defendant actually
caused.
3.
Alternative Causes- If it cannot be determined which of the two negligent actors caused the
injury, both are liable unless one can prove his innocence.
4.
Enterprise Liability Theory Each member of an enterprise is liable for damages
caused by the enterprise as a whole when there has been close cooperation among the
different members and damages cannot be apportioned.
Article 100. Civil liability of a person guilty of felony. - Every person criminally liable
for a felony is also civilly liable.
QUASI DILECT- applies to the captain, officers and crew and other personnel
(VESSEL/AIR CARRIER)
SHIP OWNER OR THE OPERATOR- As employer may be liable under Article 2180 of
the New Civil Code and Subsidiary liable under the Revised Penal Code.
CONCURRENCE WITH THIRD PERSONS- If the negligence of third persons concurs with
the breach ( as in the case where was passenger was injured becuase the carrier
collided with another vehicle) the liabilitty of the third person who was driving another
vehicle and/or his employer may be based on quasi delict. The driver may be held
criminally liable and civil liability may be imposed on him based on delict and the
employer is subsidiary liable.
In case of injury to a passenger due to the negligence of the driver on which he was
riding and the driver of another vehicle:
THE DRIVERS AND OWNERS OF THE TWO VEHICLES ARE JOINTLY AND SEVERALLY LIABLE
FOR DAMAGES.
ALTERNATIVE CAUSES OF ACTION- Fabre vs Court of Appeals
ALTERNATIVE COMPENSATION SCHEME- Special Laws provide the commuting public
with an easier was of recovering damages by requiring common carriers to have
mandatory inusrance coverage for passengers and cargos.
ART 1145
The following actions must be commenced within six years:
(1) Upon an oral contract;
ART 1146
The following actions must be instituted within four years:
KINDS OF DAMAGES
MORAL DAMAGES
(PBMF-MWSS)
Physical Suffering
Besmirched reputation
Mental Anguish
Fright
Moral Shock
Wounded Feelings
Social Humiliation
Serious Anxiety
MORAL DAMAGES
Purpose
Moral damages is awarded only to enable the injured party to obtain means, diversions or
amusements that will serve to alleviate the moral suffering he has undergone, by reason of
defendant's culpable action and not intended to enrich a complainant at the expense of
defendant
Manner of Determination
No proof of pecuniary loss is necessary. The assessment is left to the discretion of the court according
to the circumstances of each case. However, there must be proof that the defendant caused
physical suffering etc.
GR: Factual basis must be alleged. Aside from the need for the claimant to satisfactorily prove
the existence of the factual basis of the damages, it is also necessary to prove its causal relation to
the defendants act
Exceptions: Criminal cases. Moral damages may be awarded to the victim in criminal
proceedings in such amount as the court deems just without need for pleading or proof of the basis
thereof.
MORAL DAMAGES
In Breach of Contract of Air Carriage, moral damages may be recovered where:
The mishap results in the death of a passenger; or
Where the carrier is guilty of fraud or bad faith; or
Where the negligence of the carrier is so *gross and reckless as to virtually amount to bad
faith
*GROSS NEGLIGENCE implies a want or absence of or failure to exercise even slight care
of diligence, or the entire absence of care.
Notes:
The social and economic/financial standing of the offender and the offended party should
be taken into consideration in the computation of moral damages
MORAL DAMAGES
IN WHAT CASES MAY MORAL DAMAGES BE RECOVERED (enumeration not exclusive):
a. Criminal offense resulting in physical injuries
and
NOMINAL DAMAGES
Purpose
Vindicating or recognizing the injured partys right to a property that has been
violated or invaded.
Manner of Determination
No proof of pecuniary loss is necessary. Proof that a legal right has been violated is
what is only required. Usually awarded in the absence of proof of actual damages.
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.
Art 2222
The court may award nominal damages in every obligation arising from any source enumerated in Article 1157, or in
every case where any property right has been invaded.
Art 2223
The adjudication of nominal damages 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.
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 proved with
certainty. No proof of pecuniary loss is necessary.
Art 2224
Temperate or moderate damages, which are more than nominal but less than
compensatory damages, may be recovered when the court finds that some
pecuniary loss has been suffered but its amount can not, from the nature of the
case, be provided with certainty.
Art 2206.
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:
1.
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;
2.
If the deceased was obliged to give support according to the provisions of Article 291, the recipient who is not
an heir called to the decedent's inheritance by the law of testate or intestate succession, may demand
support from the person causing the death, for a period not exceeding five years, the exact duration to be
fixed by the court;
3.
The spouse, legitimate and illegitimate descendants and ascendants of the deceased may demand moral
damages for mental anguish by reason of the death of the deceased.
Net Earning Capacity = Life Expectance x (Gross Annual Income less Necessary Living Expenses)
LIQUIDATED DAMAGES
Purpose
Liquidated damages are frequently agreed upon by the parties, either by way of penalty or in order
to avoid controversy on the amount of damages.
Manner of Determination
If intended as a penalty in obligations with a penal cause, proof of actual damages suffered by the
creditor is not necessary in order that the penalty may be demanded (Art. 1228, NCC). No proof of
pecuniary loss is necessary.
Special/Ordinary
Special
NOTE: Special Damages are those which exist because of special circumstances and for which a
debtor in good faith can be held liable if he had been previously informed of such. circumstances.
WHEN LIQUIDATED DAMAGES MAY BE EQUITABLY REDUCED:
iniquitous or unconscionable
partial or irregular performance
Cases:
Facts:
Issue:
Held:
- END OF REPORT
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