Torts and Damages by Timoteo B. Aquino | Summarized by Terence L.

Valdehueza | 2017 Bukidnon State University College of Law | Page 1

CHAPTER ONE Art. 19. Every person must, in the

GENERAL CONSIDERATIONS exercise of his rights and in the
performance of his duties, act with
justice, give everyone his due, and
TORT DEFINED.
observe honesty and good faith.
Tort is an unlawful violation of private right, not
Art. 20. Every person who, contrary to
created by contract, and which gives rise to an
law, wilfully or negligently causes damage
action for damages.
to another, shall indemnify the latter for
It is an act or omission producing an injury to
the same.
another, without any previous existing lawful
The general provision for all other provision
relation of which the said act or omission may be
of law which do not especially provide their
said to be a natural outgrowth or incident.
own sanction.
It is a private or civil wrong or injury, other than
Art. 21. Any person who wilfully causes
breach of contract.
loss or injury to another in a manner that
It is a violation of a duty imposed by general law or
is contrary to morals, good customs or
otherwise upon all persons occupying the relation public policy shall compensate the latter
to each other that is involved in a given for the damage.
transaction.
Articles 19, 20 and 21 serve as basis of any
imaginable tort action.
KINDS OF TORT LIABILITIES.
These provide for general concepts that make
Intentional torts include conduct where the actor
persons liable for every conceivable wrongful
desires to cause the consequences of his act or
act. There is a general duty owed to every
believe the consequences are substantially certain
person not to cause harm either wilfully or
to result from it.
negligently.
Negligence involves voluntary acts or omissions
These provisions were intended to expand the
that result in injury to others, without intending to
concept of torts in this jurisdiction by granting
cause the same. The actor fails to exercise due
adequate legal remedy for the untold number
care in performing such acts or omissions.
of moral wrongs which is impossible for human
Strict liability in tort is where the person is
foresight to specifically provide in the statutes.
made liable independent of fault or negligence. B. Expanded Scope of Quasi-Delict.
When strict liability is imposed, the conduct is C. View that Article 2176 is Limited to
generally not wrongful in itself but the wrong Negligence.
consists in causing harm by engaging in certain D. Justification for Inclusion of Intentional Acts.
types of risky activities.
PURPOSES OF TOR LAW.
SCOPE AND APPLICABLE LAWS.
A. Catch All Provisions. FUNDAMENTAL PRINCIPLES.