TORTS AND DAMAGES PROSECUTOR ROWENA ALEJANDRIA SUMMER 2017

Culpa, or negligence, may be understood in

PART I: TORTS two different senses: either as culpa
aquiliana, which is the wrongful or negligent
act or omission which creates a vinculum
Philippine Torts is limited to negligent juris and gives rise to an obligation between
acts two persons not formally bound by any other
In Anglo-Saxon torts, it includes, obligation, or as culpa contractual, which is
intentional torts or intentional acts or the fault or negligence incident in the
omissions performance of an obligation which already
Tort is a right fixed by law that must be existed, and which increases the liability from
respected by the other party. such already existing obligation. Culpa
aquiliana is governed by Article 2176 of the
ELEMENTS OF QUASI-DELICT/TORT: Civil Code and the immediately following
Act or omission Articles; while culpa contractual is governed by
Damage or injury is caused to another Articles 1170 to 1174 of the same Code.
Fault or negligence is present
There is no pre-existing contractual In the case of Saludaga, v. FEU and de jesus,
relation between the parties G.R. No. 179337; April 30, 2008, the SC ruled
Causal connection between the damage that a school is guilty of culpa contractual
done and the act/omission when one of its students was shot by a gun
inside its campus. The SC said that
DOLO v. CULPA Institutions of learning must also meet the
DOLO CULPA implicit or "built-in" obligation of providing
Deceit Fault their students with an atmosphere that
Intentional acts or Negligent acts or promotes or assists in attaining its primary
omissions omissions undertaking of imparting knowledge.
Performed with The result of a Certainly, no student can absorb the
deliberate intent wrongful act resulting intricacies of physics or higher mathematics
from either: or explore the realm of the arts and other
Imprudence lack sciences when bullets are flying or grenades
of skill or care exploding in the air or where there looms
Negligence lack around the school premises a constant threat
of foresight to life and limb. Necessarily, the school must
ensure that adequate steps are taken to
CULPA maintain peace and order within the campus
CULPA AQUILANA premises and to prevent the breakdown
CONTRACTUAL
Liability arising from a Liability arising from thereof.
contract negligence
Contract as a source Negligence as a It is settled that in culpa contractual, the
of obligation source of obligation mere proof of the existence of the contract
Due diligence is a Negligence is never and the failure of its compliance justify,
prima facie, a corresponding right of
valid defense (as a GR, presumed
diligence of a good relief. In the instant case, we find that, when
petitioner was shot inside the campus by no
father)
less the security guard who was hired to
Negligence is Negligence must be
maintain peace and secure the premises,
presumed mere proven
there is a prima facie showing that
breach of contract
respondents failed to comply with its
gives rise to the
obligation to provide a safe and secure
presumption of
environment to its students.
negligence

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CONTRACT QUASI-DELICT DELICT

Act or omission
committed by means
Negligent act/omission
Vinculum Juris Contract of dolo (deliberate,
(culpa or imprudence)
malicious, in bad
faith)
Preponderance of Preponderance of Proof beyond
Proof Needed
evidence evidence reasonable doubt
Exercise of extra-
Exercise of diligence of a
ordinary diligence
good father of a family in
Defense Available (in contract of
the selection and
carriage), force
supervision of employees
majeure
Pre-existing There is pre- No pre-existing
No pre-existing contract
contract existing contract contract
Contractual party, Victim, prove the
Lies with the
prove the following:
Prosecution.
following: Damage
Accused is
Burden of Proof Existence of Negligence
presumed innocent
a contract Causal connection
until the contrary is
Breach between negligence
proved.
thereof and damage done
Liability of
Solidary Subsidiary
Employer
Civil aspect of the quasi-
delict is impliedly
Civil aspect is
instituted with the
Reservation impliedly instituted
criminal action, but
Requirement with the criminal
under 2000 Rules of
action
Court, it is independent
and separate
Not a bar to recover civil
Effect of
damages EXCEPT when
judgment in a
judgment pronounces Not a bar to recover
criminal case
that the negligence from civil damages
involving same
which damage arise is
act/omission
non-existent

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 TORTS AND DAMAGES PROSECUTOR ROWENA ALEJANDRIA SUMMER 2017

ARTICLE 1162, CIVIL CODE RES IPSA LOQUITOR

QUASI DELICT fault or negligence of a
person, who by his act or omission, connected
or unconnected with it, but independent from
any contractual relation, causes damage to
another person.
Called TORT under Anglo-American law
Requisites of Liability
Before the person injured can recover
damages, he must be able to prove the
following:
The fault or negligence of defendant
The damage suffered or incurred by the
plaintiff
The relation of the cause and effect
between the fault or negligence of the
defendant and the damage incurred by
the plaintiff.
DELICT QUASI-DELICT
Affects public interest Private concern
The criminal act is Repairs the damages
punished or corrected incurred by means of
by the RPC or SPL indemnification
the Civil Code
Criminal and Civil Civil Liability only
Liability (G.R.)
Punished only when Covers any kind of
there is a law fault or negligence
QUASI-DELICT includes acts which are
criminal in character or in violation of the
penal law, whether voluntary or negligent.
o Criminal negligence
o Arts. 31-34 of the Civil Code
(independent civil actions)
Hence overlaps with the
concept of delict.
ARTICLE 2176, CIVIL CODE
Whoever by act or omission caused damage to
another, there being fault or negligence, is
obliged to pay the damage done. Such fault or
negligence, if there is no pre-existing
contractual relation between the parties, is
called a quasi-delict XXX.
The thing or transaction speaks for itself.
It relates to the fact of an injury that sets out
an inference to the cause thereof or
establishes the plaintiffs prima facie case. The
doctrine rests on inference and not on
presumption. The facts of the occurrence
warrant the supposition of negligence and
they furnish circumstantial evidence of
negligence when direct evidence is lacking.
Simply stated, this doctrine finds no
application if there is direct proof of
absence or presence of negligence. If there
is sufficient proof showing the conditions and
circumstances under which the injury
occurred, then the creative reason for the said
doctrine disappears.
This doctrine 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 that
the following REQUISITES concur:
by The accident would not have occurred in
the absence of negligence;
The instrumentality or agency which
caused the injury was under the exclusive
control of the person charged with
negligence;
The injury suffered must not have been
due to any voluntary action or contribution
on the part of the person injured.
"CAPTAIN OF THE SHIP"
This doctrine holds the surgeon in charge of
an operation liable for the negligence of his
assistants during the time when those
assistants are under the surgeons control.
Doctrine of corporate negligence
a hospitals corporate negligence extends to
permitting a physician known to be
incompetent to practice at the hospital.
With the passage of time, more duties were
expected from hospitals, among them:
(1) the use of reasonable care in the
maintenance of safe and adequate facilities
and equipment;

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 TORTS AND DAMAGES PROSECUTOR ROWENA ALEJANDRIA
(2) the selection and retention of competent
physicians; (3) the overseeing or supervision of
all persons who practice medicine within its
walls; and
(4) the formulation, adoption and enforcement
of adequate rules and policies that ensure
quality care for its patients.
Thus, in Tucson Medical Center, Inc. v.
Misevich, it was held that a hospital,
following the doctrine of corporate
responsibility, has the duty to see that it
meets the standards of responsibilities for
the care of patients. Such duty includes
the proper supervision of the members of
its medical staff.
In Bost v. Riley, the court concluded that a
patient who enters a hospital does so with
the reasonable expectation that it will
attempt to cure him. The hospital
accordingly has the duty to make a
reasonable effort to monitor and oversee
the treatment prescribed and
administered by the physicians practicing
in its premises.
CRIMINAL AND CIVIL LIABILITY
It does not necessarily follow that the
appellant is also free from civil liability which
is impliedly instituted with the criminal
action. (Rule III, Section 1) The well-settled
doctrine is that a person while not criminally
liable, may still be civilly liable.
In the case of HEIRS OF EDUARDO SIMON, vs.
ELVIN CHAN AND CA, G.R. No. 157547, 23
February 2011, the SC ruled that there is no
independent civil action to recover the civil
liability arising from the issuance of an
unfunded check prohibited and punished
under Batas Pambansa Bilang 22 (BP 22).
This is clear from Rule 111 of the Rules of
Court which relevantly provides: "The criminal
action for violation of Batas Pambansa Blg. 22
shall be deemed to include the corresponding
civil action. No reservation to file such civil
action separately shall be allowed."
Supreme Court Circular 57-97 also provides
that: "1. The criminal action for violation of
UNIVERSITY OF THE EAST COLLEGE OF LAW [Yong Danao]
SUMMER 2017
Batas Pambansa Blg. 22 shall be deemed to
necessarily include the corresponding civil
action, and no reservation to file such civil
action separately shall be allowed or
recognized."
Supreme Court Circular 57-97 also provides
that: "1. The criminal action for violation of
Batas Pambansa Blg. 22 shall be deemed to
necessarily include the corresponding civil
action, and no reservation to file such civil
action separately shall be allowed or
recognized."
RULE 111, ROC
Prosecution of Civil Action
Section 1. Institution of criminal and civil actions. (a)
When a criminal action is instituted, the civil action for
the recovery of civil liability arising from the offense
charged shall be deemed instituted with the criminal
action unless the offended party waives the civil action,
reserves the right to institute it separately or institutes
the civil action prior to the criminal action.
The reservation of the right to institute separately the
civil action shall be made before the prosecution starts
presenting its evidence and under circumstances
affording the offended party a reasonable opportunity to
make such reservation.
When the offended party seeks to enforce civil liability
against the accused by way of moral, nominal,
temperate, or exemplary damages without specifying the
amount thereof in the complaint or information, the
filing fees thereof shall constitute a first lien on the
judgment awarding such damages.
Where the amount of damages, other than actual, is
specified in the complaint or information, the
corresponding filing fees shall be paid by the offended
party upon the filing thereof in court.
Except as otherwise provided in these Rules, no filing
fees shall be required for actual damages.
No counterclaim, cross-claim or third-party complaint
may be filed by the accused in the criminal case, but any
cause of action which could have been the subject
thereof may be litigated in a separate civil action. (1a)
(b) The criminal action for violation of Batas Pambansa
Blg. 22 shall be deemed to include the corresponding
civil action. No reservation to file such civil action
separately shall be allowed.
Upon filing of the aforesaid joint criminal and civil
actions, the offended party shall pay in full the filing fees
based on the amount of the check involved, which shall
be considered as the actual damages claimed. Where the
complaint or information also seeks to recover
liquidated, moral, nominal, temperate or exemplary
damages, the offended party shall pay additional filing
fees based on the amounts alleged therein. If the
amounts are not so alleged but any of these damages are
subsequently awarded by the court, the filing fees based
on the amount awarded shall constitute a first lien on
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the judgment.
Where the civil action has been filed separately and trial
thereof has not yet commenced, it may be consolidated
with the criminal action upon application with the court
trying the latter case. If the application is granted, the
trial of both actions shall proceed in accordance with
section 2 of this Rule governing consolidation of the civil
and criminal actions. (cir. 57-97)
Section 2. When separate civil action is suspended.
After the criminal action has been commenced, the
separate civil action arising therefrom cannot be
instituted until final judgment has been entered in the
criminal action.
If the criminal action is filed after the said civil action
has already been instituted, the latter shall be
suspended in whatever stage it may be found before
judgment on the merits. The suspension shall last until
final judgment is rendered in the criminal action.
Nevertheless, before judgment on the merits is rendered
in the civil action, the same may, upon motion of the
offended party, be consolidated with the criminal action
in the court trying the criminal action. In case of
consolidation, the evidence already adduced in the civil
action shall be deemed automatically reproduced in the
criminal action without prejudice to the right of the
prosecution to cross-examine the witnesses presented by
the offended party in the criminal case and of the parties
to present additional evidence. The consolidated criminal
and civil actions shall be tried and decided jointly.
During the pendency of the criminal action, the running
of the period of prescription of the civil action which
cannot be instituted separately or whose proceeding has
been suspended shall be tolled. (n)
The extinction of the penal action does not carry with it
extinction of the civil action. However, the civil action
based on delict shall be deemed extinguished if there is a
finding in a final judgment in the criminal action that
the act or omission from which the civil liability may
arise did not exist. (2a)
Section 3. When civil action may proceeded
independently. In the cases provided for in Articles 32,
33, 34 and 2176 of the Civil Code of the Philippines, the
independent civil action may be brought by the offended
party. It shall proceed independently of the criminal
action and shall require only a preponderance of
evidence. In no case, however, may the offended party
recover damages twice for the same act or omission
charged in the criminal action. (3a)
Section 4. Effect of death on civil actions. The death of
the accused after arraignment and during the pendency
of the criminal action shall extinguish the civil liability
arising from the delict. However, the independent civil
action instituted under section 3 of this Rule or which
thereafter is instituted to enforce liability arising from
other sources of obligation may be continued against the
estate or legal representative of the accused after proper
substitution or against said estate, as the case may be.
The heirs of the accused may be substituted for the
deceased without requiring the appointment of an
executor or administrator and the court may appoint a
guardian ad litem for the minor heirs.
The court shall forthwith order said legal representative
UNIVERSITY OF THE EAST COLLEGE OF LAW [Yong Danao]
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or representatives to appear and be substituted within a
period of thirty (30) days from notice.
A final judgment entered in favor of the offended party
shall be enforced in the manner especially provided in
these rules for prosecuting claims against the estate of
the deceased.
If the accused dies before arraignment, the case shall be
dismissed without prejudice to any civil action the
offended party may file against the estate of the
deceased. (n)
Art. 100, RPC
Civil liability of a person guilty of felony. Every person
criminally liable for a felony is also civilly liable.
Art. 103, RPC
Subsidiary civil liability of other persons. The
subsidiary liability established in the next preceding
article shall also apply to employers, teachers, persons,
and corporations engaged in any kind of industry for
felonies committed by their servants, pupils, workmen,
apprentices, or employees in the discharge of their
duties.
Chapter Two, RPC
WHAT CIVIL LIABILITY INCLUDES
Art. 104. What is included in civil liability. The civil
liability established in Articles 100, 101, 102, and 103 of
this Code includes:
1. Restitution;
2. Reparation of the damage caused;
3. Indemnification for consequential damages.
Art. 105. Restitution; How made. The restitution of
the thing itself must be made whenever possible, with
allowance for any deterioration, or diminution of value
as determined by the court.
The thing itself shall be restored, even though it be
found in the possession of a third person who has
acquired it by lawful means, saving to the latter his
action against the proper person, who may be liable to
him.
This provision is not applicable in cases in which the
thing has been acquired by the third person in the
manner and under the requirements which, by law, bar
an action for its recovery.
Art. 106. Reparation; How made. The court shall
determine the amount of damage, taking into
consideration the price of the thing, whenever possible,
and its special sentimental value to the injured party,
and reparation shall be made accordingly.
Art. 107. Indemnification; What is included.
Indemnification for consequential damages shall include
not only those caused the injured party, but also those
suffered by his family or by a third person by reason of
the crime.
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NEGLIGENCE
Defined as the failure to observe for the
protection of the interest of another person
that degree of care, precaution, and vigilance
which the circumstances justly demand,
whereby such other person suffers injury.
TEST OF NEGLIGENCE
Would a prudent man in the same situation do
an act which a prudent man would not do in
the same situation or would he have not?
The test is not measured or compared with
the expert or the brightest of person of all
(standard: Ordinary or average person)
Using the aforementioned philosophy, it may be reliably
concluded that there is no hard and fast rule whereby
such degree of care and vigilance is calibrated; it is
dependent upon the circumstances in which a person
finds himself. All that the law requires is that it is
perpetually compelling upon a person to use that
care and diligence expected of sensible men under
comparable circumstances.
PROXIMATE CAUSE
Is defined as that 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.
In the case of ANECO v. BALEN, G.R. No.
173146, 25 November 2009, The SC had the
occasion to apply one of the tests for
determining the existence of proximate cause.
That is, the FORESEEABILITY TEST, viz.:
x x x Where the particular harm was
reasonably foreseeable at the time of
the defendants misconduct, his act or
omission is the legal cause thereof.
Foreseeability is the fundamental test
of the law of negligence. To be
negligent, the defendant must have
acted or failed to act in such a way that
an ordinary reasonable man would
have realized that certain interests of
certain persons were unreasonably
subjected to a general but definite class
of risk which made the actors conduct
negligent, it is obviously the
consequence for the actor must be held
legally responsible. Otherwise, the legal
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SUMMER 2017
duty is entirely defeated. Accordingly,
the generalization may be formulated
that all particular consequences, that
is, consequences which occur in a
manner which was reasonably
foreseeable by the defendant at the time
of his misconduct are legally caused by
his breach of duty
CONTRIBUTORY NEGLIGENCE
A plaintiff who is partly responsible for his
own injury should not be entitled to recover
damages in full but must bear the
consequences of his own negligence. The
defendant must thus be held liable only for
the damages actually caused by his
negligence. The determination of the
mitigation of the defendants liability varies
depending on the circumstances of each case.
ARTICLE 2215, CC
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 plaintiffs loss or injury.
In the case of TEODORICO MANZANARES vs.
PEOPLE OF THE PHILIPPINES, G.R. Nos.
153760-61, 12 October 2006, The SC held that
"The defense of contributory negligence does
not apply in criminal cases committed
through reckless imprudence, since one
cannot allege the negligence of another to
evade the effects of his own negligence."
COMPARATIVE NEGLIGENCE
Allows recovery by a plaintiff whose own act
contributed to his injury, provided his
negligence was slight as compared with that of
the defendant, and some others have accepted
the theory of proportional damages, reducing
the award to a plaintiff in proportion to his
responsibility for the accident.
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LAST CLEAR CHANCE RULE
The contributory negligence of the injured
(plaintiff) will not preclude his claim for
damages if it is shown that the defendant, by
the exercise of reasonable care and prudence,
might have avoided the consequences of the
negligence of the injured. Defendant in law is
solely responsible for the consequence.
- As a general rule, this doctrine applies
only to vehicular accidents and
mishaps. XPN: PBC v. CA, et. al., 269
SCRA 695
EMERGENCY RULE, "one who suddenly finds
himself in a place of danger, and is required to
act without time to consider the best means
that may be adopted to avoid the impending
danger, is not guilty of negligence, if he fails to
adopt what subsequently and upon reflection
may appear to have been a better method,
unless the emergency in which he finds
himself is brought about by his own
negligence."
ATTRACTIVE NUISANCE
This is a dangerous instrumentality or
appliance which is likely to attract children at
play.
This doctrine holds that one who maintains on
his premises, dangerous instrumentalities or
appliances of character likely to attract
children in play, and who fails to exercise
ordinary care to prevent children from playing
therewith or resorting thereto, is liable to a
child of tender years who is injured thereby,
even if the child is technically a trespasser in
the premises.
XPN: SWIMMING POOLS without
decorations or other instruments which
would likely attract a child. Reason:
Nature has created bodies of waters
which attract children. Lurking in the
same always poses danger of drowning.
Against this, children are early
instructed so that they are sufficiently
presumed to know the danger; and if
the owner of private property, merely
duplicating the work of nature without
adding any new danger, he is not liable
under this principle.
UNIVERSITY OF THE EAST COLLEGE OF LAW [Yong Danao]
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VICARIOUS LIABILITY
Doctrine of imputed negligence
Direct liability
A person is not only liable for torts
committed by himself but also for torts
committed by others with whom he has a
certain relationship and for whom he is
responsible
ARTICLE 2180
The obligation imposed by Article 2176 is
demandable not only for ones own acts or
omission, but also for those of persons for
whom one is responsible.
There are 6 kinds of persons directly liable
under this doctrine of VICARIOUS LIABILITY
Father or mother damages caused
by their minor children who live in their
company
Guardians damages caused by their
ward (either minor or incapacitated
persons) under their authority and
living in their company
Owners/Manages of an establishment
damages caused by their employees in
the service of the branches in which the
latter are employed or on occasion of
their functions.
Employers damages caused by their
employees and household helpers,
acting within the scope of their
assigned tasks, even though the former
are not engaged in any business or
industry.
STATE when it acts through a special
agent. (XPN: the damage is caused by
the official to whom the task done
properly pertains to; hence Art. 2176 is
applicable to them)
TEACHERS or HEADS OF
ESTABLISHMENTS OF ARTS AND
TRADES damages caused by their
pupils and students or apprentices, so
long as they remain in their custody.
DEFENSE AGAINST VICARIOUS LIABILITY:
When the persons enumerated above prove
that they observed all the diligence of a good
father of a family to prevent the damage.
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DAMNUM ABSQUE INJURIA
Damage without injury
As a general rule, to warrant the recovery of
damages, there must be both a right of action
for a legal wrong inflicted by the defendant,
and damage resulting to the plaintiff
therefrom. Wrong without damage, or damage
without wrong, does not constitute a cause of
action, since damages are merely part of the
remedy allowed for the injury caused by a
breach or wrong.
The underlying basis for the award of tort
damages is the premise that an individual was
injured in contemplation of law. Thus, there
must first be the breach of some duty and the
imposition of liability for that breach before
damages may be awarded; it is not sufficient
to state that there should be tort liability
merely because the plaintiff suffered some
pain and suffering.
Thus, there can be damage without injury in
those instances in which the loss or harm was
not the result of a violation of a legal duty.
These situations are often called damnum
absque injuria.
On ASSUMPTION OF RISK or "VOLENTI
NON FIT INJURIA"
*to a willing person, injury is not done"
In the case of THE ILOCOS NORTE ELECTRIC
COMPANY v. HONORABLE COURT OF
APPEALS, G.R. No. 543401, 6 November 1989,
the SC ruled that this principle finds no
application in the instant case. Petitioner
herein argues that the untimely death of the
private respondent was due to her assumption
of risk in choosing to walk in the flood waters
caused by a typhoon. The respondent died not
because she drowned but because she was
electrocuted by the dangling electric lines in
the vicinity. Hence, the petitioner is saying
that the flood is a fortuitous event. However,
the SC ruled that this defense is inapplicable
because "When an act of God combines or
concurs with the negligence of the
defendant to produce an injury, the
defendant is liable if the injury would not
have resulted but for his own negligent
conduct or omission"
UNIVERSITY OF THE EAST COLLEGE OF LAW [Yong Danao]
SUMMER 2017
It is imperative to note the surrounding
circumstances which impelled the deceased to
leave the comforts of a roof and brave the
subsiding typhoon. As testified by the
witnesses, the deceased, accompanied by the
former two, were on their way to the latter's
grocery store "to see to it that the goods were
not flooded." As such, shall We punish her for
exercising her right to protect her property
from the floods by imputing upon her the
unfavorable presumption that she assumed
the risk of personal injury? Definitely not. For
it has been held that a person is excused from
the force of the rule, that when he voluntarily
assents to a known danger he must abide by
the consequences, if an emergency is found to
exist or if the life or property of another is in
peril, or when he seeks to rescue his
endangered property. Clearly, an emergency
was at hand as the deceased's property, a
source of her livelihood, was faced with an
impending loss. Furthermore, the deceased, at
the time the fatal incident occurred, was at a
place where she had a right to be without
regard to petitioner's consent as she was on
her way to protect her merchandise. Hence,
private respondents, as heirs, may not be
barred from recovering damages as a result of
the death caused by petitioner's negligence.
ACCIDENT
Pertains to an unforeseen event in which no
fault or negligence attaches to the defendant.
It is a fortuitous circumstance, event or
happening; an event happening without any
human agency, or if happening wholly or
partly through human agency, an event which
under the circumstances is unusual or
unexpected by the person to whom it
happens. It also occurs when the person
concerned is exercising ordinary care, which is
not caused by fault of any person and which
could not have been prevented by any means
suggested by common prudence. Accident
and negligence are intrinsically
contradictory; one cannot exist with the
other.
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PRESCRIPTION
Claims for quasi-delict should be initiated
within four (4) years from the time the cause
of action occurred. Hence, if a civil action
regarding tort is initiated after the said period,
then the same would be barred by
prescription.
In the case of ALLIED BANK v. CA and
YUJUICO, G.R. No. L-85868, 13 October 1989,
a civil action for tortious interference was filed
by respondent Yujuico. He filed a Motion to
Admit Amended/Supplemental Answer and
Third-Party Complaint impleading the Central
Bank and Arnulfo Aurellano as third-party
defendants. Yujuico argues that by reason of
the tortious interference by the Central Bank
with the affairs of GENBANK, private
respondent was prevented from performing his
obligation under the loan such that he should
not now be held liable thereon. However,
Yujuico failed to institute the action against
third-party defendants within four (4) years
from the date the cause of action accrued. The
cause of action accrued on March 25, 1977 --
the date when the Monetary Board ordered
GENBANK to desist from doing business in
the PhilippinesThe petitioner is correct in
maintaining that the claim should have been
filed at the latest on March 25, 1981.
PART 2: DAMAGES
Damages Arising from a Labor Dispute
In the case of BAEZ v. VALDEVILLA, G.R. No.
128024, 9 May 2000, the SC made a
clarification as to the jurisdiction of the Labor
Arbiters as regards claim of damages arising
from a labor dispute. The SC explained the
matter in this wise:
x x x [P]resently, and as amended by R.A. 6715,
the jurisdiction of Labor Arbiters and the NLRC
in Article 217 is comprehensive enough to
include claims for all forms of damages "arising
from the employer-employee relations"
Whereas this Court in a number of occasions
had applied the jurisdictional provisions of
Article 217 to claims for damages filed by
employees, we hold that by the designating
clause "arising from the employer-employee
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relations" Article 217 should apply with equal
force to the claim of an employer for actual
damages against its dismissed employee, where
the basis for the claim arises from or is
necessarily connected with the fact of
termination, and should be entered as a
counterclaim in the illegal dismissal case.
Even under Republic Act No. 875 (the "Industrial
Peace Act", now completely superseded by the
Labor Code), jurisprudence was settled that
where the plaintiff's cause of action for damages
arose out of, or was necessarily intertwined with,
an alleged unfair labor practice committed by
the union, the jurisdiction is exclusively with the
(now defunct) Court of Industrial Relations, and
the assumption of jurisdiction of regular courts
over the same is a nullity. To allow otherwise
would be "to sanction split jurisdiction, which is
prejudicial to the orderly administration of
justice." Thus, even after the enactment of the
Labor Code, where the damages separately
claimed by the employer were allegedly incurred
as a consequence of strike or picketing of the
union, such complaint for damages is deeply
rooted from the labor dispute between the
parties, and should be dismissed by ordinary
courts for lack of jurisdiction.
ACTUAL OR COMPESATORY
In determining actual damages, one cannot
rely on mere assertions, speculations,
conjectures or guesswork, but must depend
on competent proof and on the best evidence
obtainable regarding specific facts that could
afford some basis for measuring compensatory
or actual damages. Article 2199 of the New
Civil Code defines actual or compensatory
damages as follows:
Art. 2199, CC
Except as provided by law or by stipulation,
one is entitled to an adequate
compensation only for such pecuniary loss
suffered by him as he has duly proved.
Such compensation is referred to as actual
or compensatory damages.
Actual damages may be awarded representing
the amount of ransom paid. In People v.
Morales and People v. Ejandra, the Court
awarded actual damages representing the
amounts of the ransom paid. In the instant
case, the heirs of the victim are entitled to the
award of P50,000.00 as actual damages,
which is equivalent to the amount of the
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ransom paid. (PEOPLE v. RICARDO
SOLANGON, G.R. No. 172693, 21 November
2007).
Unrealized profits fall under the category of
actual or compensatory damages. If there
exists a basis for a reasonable expectation
that profits would have continued to be
generated had there been no breach of
contract, indemnification for damages based
on such expected profits is proper. This is,
however, subject to the rule that a party is
entitled to an adequate compensation only for
such pecuniary loss suffered by him as he has
duly proved (DANIEL T. SO v. FOOD FEST
LAND, Inc., G.R. No. 183628, 7 April 2010)
Jurisprudence, has established the following
formula for computing COMPENSATION FOR
LOSS OF EARNING CAPACITY:
Net Earning Capacity = [2/3 x (80-age at
time of death) x (gross annual income
reasonable and necessary living expenses]
Reasonable and necessary reasonable
expenses is pegged at 50% of earnings in the
absence of contrary evidence. (PEOPLE v.
TAMBIS, G.R. No. 175589, 28 July 2008)
In the case of PEOPLE v. OCAMPO, G.R.
No. 177753, 25 September 2009, the court
said that the general rule is that
documentary evidence is necessary to
prove the victims annual income.
XPNs:
Self-employed, earning less than the
minimum wage under current labor laws,
and judicial notice may be taken of the fact
that in the victims line of work; or
Employed as a daily wage worker earning
less than the minimum wage under
current labor laws.
In both cases there should be no documentary
evidence available that will prove the victims
annual income.
MORAL DAMAGES
Moral damages include: (PS-MA-F-SA-BR-WF-
MS-SH-SI)
Physical suffering;
Mental anguish;
Fright;
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Serious anxiety
Besmirched reputation;
Wounded feelings;
Moral shock;
Social humiliation; and
Similar injury.
Though incapable of pecuniary computation,
moral damages may be recovered if they are
the proximate result of the defendants
wrongful act or omission. (Article 2217, CC)
ARTICLE 2219, CC
Moral damages may be recovered in the
following and analogous cases: [10]
A criminal offense resulting in physical
injuries;
Quasi-delicts causing physical injuries;
Seduction, abduction, rape, or other
lascivious acts;
Adultery or concubinage;
Illegal or arbitrary detention or arrest;
Illegal search;
Libel, slander or any other form of
defamation;
Malicious prosecution
Acts mentioned in Article 309
o Any person who shows
disrespect to the dead, or
wrongfully interferes with a
funeral
Acts and actions referred to in Articles
21, 26-30, 32, 34 and 35
The parents of the female seduced, abducted,
raped, or abused referred to in No. 3 of this
article, may also recover moral damages.
The spouse, descendants, ascendants, and
brother and sisters may bring the action
mentioned in No. 9 of this article, in the order
named.
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.
The same rule applies to breaches of contract
where the defendant acted fraudulently or in
bad faith. (Article 2220, CC)
While there is no hard-and-fast rule in
determining what would be a fair and
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reasonable amount of moral damages, the
same should not be palpably and
scandalously excessive. Moral damages are
not intended to impose a penalty to the
wrongdoer, neither to enrich the claimant at
the expense of the defendant. Moral damages
are not awarded in order to punish the
respondents or to make the petitioner any
richer than he already is, but to enable the
latter to find some cure for the moral anguish
and distress he has undergone. Moral
damages are not a bonanza. They are given to
ease the defendants grief and suffering. Moral
damages should be reasonably approximate to
the extent of the hurt caused and the gravity
of the wrong done.
Requisites for the award of MORAL
DAMAGES: (IFP Art. 2219)
There is Injury sustained (whether
physical, mental or psychological) by the
complainant;
Culpable act or omission is factually
established;
The wrongful act or omission of the
defendant is the proximate cause of the
injury sustained by the claimant;
The award of damages is predicated on any
of the cases stated in Article 2219 of the
Civil Code
NOMINAL DAMAGES
Citing Almeda v. Cario in the case of
FONTANA RESORT AND COUNTRY CLUB, Inc.
and RN DEVELOPMENT CORP. v. SPOUSES
ROY S. TAN AND SUSAN C. TAN, G.R. No.
154670, the SC have expounded on the
propriety of granting nominal damages as
follows:
[N]ominal damages may be awarded to a plaintiff
whose right has been violated or invaded by the
defendant, for the purpose of vindicating or
recognizing that right, and not for indemnifying
the plaintiff for any loss suffered by him. Its
award is thus not for the purpose of
indemnification for a loss but for the recognition
and vindication of a right. Indeed, nominal
damages are damages in name only and not in
fact. When granted by the courts, they are not
treated as an equivalent of a wrong inflicted but
simply a recognition of the existence of a
technical injury. A violation of the plaintiff's
right, even if only technical, is sufficient to
support an award of nominal
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damages. Conversely, so long as there is a
showing of a violation of the right of the plaintiff,
an award of nominal damages is proper.
It is also settled that the amount of such
damages is addressed to the sound discretion of
the court, taking into account the relevant
circumstances.
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.
(ARTICLE 2222, CC)
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. (ARTICLE 2223,
CC)
TEMPERATE DAMAGES
Temperate or moderate damages, which is
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 proved with
certainty. (Article 2224, CC)
Temperate damages must be reasonable
under the circumstances. (Article 2225, CC)
LIQUIDATED DAMAGES
Liquidated damages are those agreed upon by
the parties to a contract, to be paid in case of
breach thereof. (Article 2226, CC)
Liquidated damages, whether intended as an
indemnity or a penalty, shall be equitably
reduced if they are iniquitous or
unconscionable. (Article 2227, CC)
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. (Article
2228, CC)
Based on the above provisions of law, the
parties to a contract are allowed to stipulate
on liquidated damages to be paid in case of
breach. It is attached to an obligation in order
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to ensure performance and has a double
function: (1) to provide for liquidated damages,
and (2) to strengthen the coercive force of the
obligation by the threat of greater
responsibility in the event of breach. As a pre-
condition to such award, however, there must
be proof of the fact of delay in the performance
of the obligation.
EXEMPLARY DAMAGES
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. (Art.
2229, CC)
In criminal offenses, exemplary damages as a
part of the civil liability may be imposed when
the crime was committed with one or more
aggravating circumstances. Such damages are
separate and distinct from fines and shall be
paid to the offended party. (Art. 2230, CC)
In PEOPLE v. COMBATE G.R. No. 189301, 15
December 2010) the SC made a clarification as
to the award of exemplary damages. As a
general rule, it is clear that exemplary
damages are only imposed in criminal offenses
when the crime was committed with one or
more aggravating circumstances, be they
generic or qualifying. However, there have
been instances wherein exemplary damages
were awarded despite the lack of an
aggravating circumstance. This led the Court
to clarify this confusion in People v. Dalisay,
where it categorically stated that exemplary
damages may be awarded, not only in the
presence of an aggravating circumstance,
but also where the circumstances of the
case show the highly reprehensible or
outrageous conduct of the offender
Also known as punitive or vindictive damages,
exemplary or corrective damages are intended
to serve as a deterrent to serious wrong
doings, and as a vindication of undue
sufferings and wanton invasion of the rights of
an injured or a punishment for those guilty of
outrageous conduct. These terms are
generally, but not always, used
interchangeably. In common law, there is
preference in the use of exemplary damages
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when the award is to account for injury to
feelings and for the sense of indignity and
humiliation suffered by a person as a result of
an injury that has been maliciously and
wantonly inflicted, the theory being that there
should be compensation for the hurt caused
by the highly reprehensible conduct of the
defendant associated with such circumstances
as willfulness, wantonness, malice, gross
negligence or recklessness, oppression, insult
or fraud or gross fraud that intensifies the
injury. The terms punitive or vindictive
damages are often used to refer to those
species of damages that may be awarded
against a person to punish him for his
outrageous conduct. In either case, these
damages are intended in good measure to
deter the wrongdoer and others like him from
similar conduct in the future. (PEOPLE v.
COMBATE, Id.)
Being corrective in nature, exemplary
damages, therefore, can be awarded, not only
in the presence of an aggravating
circumstance, but also where the
circumstances of the case show the highly
reprehensible or outrageous conduct of the
offender. (PEOPLE v. COMBATE, Id.)
Requirements for the award of EXEMPLARY
DAMAGES:
(1) They may be imposed by way of example in
addition to compensatory damages, and only
after the claimants right to them has been
established; (E+CD+CRE)
(2) That they cannot be recovered as a matter
of right, their determination depending upon
the amount of compensatory damages that
may be awarded to the claimant; and (CRMR-
DACD)
(3) The act must be accompanied by bad faith
or done in a fraudulent, reckless, oppressive,
or malevolent manner. (Keyword: BF- FROM)
AWARD OF DAMAGES IN CRIMINAL CASES
In the case of PEOPLE v. COMBATE, Id., the
SC finally endeavoured to end, once and for
all, the confusion as to the proper award of
damages in criminal cases where the
imposable penalty for the crime is reclusion
perpetua or death. As a rule, the Court
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awards three kinds of damages in these
types of criminal cases: civil indemnity and
moral and exemplary damages.
Civil indemnity ex delicto is the indemnity
authorized in our criminal law for the offended
party, in the amount authorized by the
prevailing judicial policy and apart from other
proven actual damages, which itself is
equivalent to actual or compensatory
damages in civil law. This award stems from
Art. 100 of the RPC which states, Every
person criminally liable for a felony is also
civilly liable.
Civil liability ex delicto may come in the form
of restitution, reparation, and
indemnification. Restitution is defined as the
compensation for loss; it is full or partial
compensation paid by a criminal to a victim
ordered as part of a criminal sentence or as a
condition for probation. Likewise, reparation
and indemnification are similarly defined as
the compensation for an injury, wrong, loss,
or damage sustained. Clearly, all of these
correspond to actual or compensatory
damages defined under the Civil Code.
The other kinds of damages, i.e., moral and
exemplary or corrective damages, have
altogether different jural foundations.
The second type of damages the Court awards
are moral damages, which are also
compensatory in nature. Del Mundo v. Court
of Appeals explained the nature and purpose
of moral damages, viz:
Moral damages may be awarded to
compensate one for manifold injuries
such as physical suffering, mental
anguish, serious anxiety, besmirched
reputation, wounded feelings and social
humiliation. These damages must be
understood to be in the concept of
grants, not punitive or corrective in
nature, calculated to compensate the
claimant for the injury
suffered. Although incapable of
exactness and no proof of pecuniary
loss is necessary in order that moral
damages may be awarded, the amount
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of indemnity being left to the discretion
of the court, it is imperative,
nevertheless, that (1) injury must have
been suffered by the claimant, and (2)
such injury must have sprung from
any of the cases expressed in Article
2219 and Article 2220 of the Civil
Code.
The rationale for awarding moral damages has
been explained in Lambert v. Heirs of Rey
Castillon: [T]he award of moral damages is
aimed at a restoration, within the limits
possible, of the spiritual status quo ante; and
therefore, it must be proportionate to the
suffering inflicted (As cited in the case of
PEOPLE v. COMBATE, Id.)
And lastly, the Court awards exemplary
damages as provided for in Arts. 2229 and
2230 of the Civil Code. (Refer to discussion
found in Exemplary damages section)
CIVIL CODE PROVISIONS
HUMAN RELATIONS
Article 19 of the Civil Code -
This article sets the standard of acts that
must be followed.
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
In the case of NIKKO HOTEL MANILA GARDEN
and RUBY LIM v. ROBERTO REYES, a.k.a.
"AMAY BISAYA, G.R. No. 154259, 28 February
2005, the SC said that Article 19 is not a
panacea for all human hurts and social
grievances. when "a right is exercised in a
manner which does not conform with the
norms enshrined in Article 19 and results in
damage to another, a legal wrong is thereby
committed for which the wrongdoer must be
responsible." The object of this article,
therefore, is to set certain standards which
must be observed not only in the exercise of
ones rights but also in the performance of
ones duties. These standards are the
following: act with justice, give everyone his
due and observe honesty and good faith. Its
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antithesis, necessarily, is any act evincing bad
faith or intent to injure.
Essential requirements for an act to
constitute an ABUSE OF RIGHTS under
Article 19: (TEF)
There is a legal right or duty;
Exercised in bad faith;
For the sole intent of prejudicing or
injuring another.
Article 20, Civil Code
It provides the duty or obligation to indemnify
an aggrieved person when one does wilful or
negligent acts which are contrary to law
Every person who, contrary to law, wilfully
or negligently causes damage to another,
shall indemnify the latter for the same
Article 21, Civil Code
It provides the duty to compensate when a
person causes wilful loss or injury to another
in a manner that is contrary to morals,
good customs or public policy.
Elements that will constitute a claim under
Article 21 CONTRA BONUS MORES:
(1) There is an act which is legal;
(2) But which is contrary to morals, good
custom, public order, or public policy; and
(3) It is done with intent to injure.
Article 20 Article 21
Wilful or Negligent Wilful acts only
acts
Acts are contrary to Contrary to morals,
law good customs or
public policy
Article 22, CC. Every person who through an act of
performance by another, or any other means, acquires or
comes into possession of something at the expense of the
latter without just or legal ground, shall return the same
to him.
Article 23, CC. Even when an act or event causing
damage to another's property was not due to the fault or
negligence of the defendant, the latter shall be liable for
indemnity if through the act or event he was benefited.
Article 24, CC. In all contractual, property or other
relations, when one of the parties is at a disadvantage on
account of his moral dependence, ignorance, indigence,
mental weakness, tender age or other handicap, the
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courts must be vigilant for his protection.
Article 25, CC. Thoughtless extravagance in expenses
for pleasure or display during a period of acute public
want or emergency may be stopped by order of the
courts at the instance of any government or private
charitable institution.
Article 26, CC. Every person shall respect the dignity,
personality, privacy and peace of mind of his neighbors
and other persons. The following and similar acts,
though they may not constitute a criminal offense, shall
produce a cause of action for damages, prevention and
other relief:
(1) Prying into the privacy of another's residence;
(2) Meddling with or disturbing the private life or family
relations of another;
(3) Intriguing to cause another to be alienated from his
friends;
(4) Vexing or humiliating another on account of his
religious beliefs, lowly station in life, place of birth,
physical defect, or other personal condition.
Article 27, CC. Any person suffering material or moral
loss because a public servant or employee refuses or
neglects, without just cause, to perform his official duty
may file an action for damages and other relief against
the latter, without prejudice to any disciplinary
administrative action that may be taken.
Article 28, CC. Unfair competition in agricultural,
commercial or industrial enterprises or in labor through
the use of force, intimidation, deceit, machination or any
other unjust, oppressive or highhanded method shall
give rise to a right of action by the person who thereby
suffers damage.
Article 29, CC. When the accused in a criminal
prosecution is acquitted on the ground that his guilt has
not been proved beyond reasonable doubt, a civil action
for damages for the same act or omission may be
instituted. Such action requires only a preponderance of
evidence. Upon motion of the defendant, the court may
require the plaintiff to file a bond to answer for damages
in case the complaint should be found to be malicious.
If in a criminal case the judgment of acquittal is based
upon reasonable doubt, the court shall so declare. In the
absence of any declaration to that effect, it may be
inferred from the text of the decision whether or not the
acquittal is due to that ground.
CIVIL CODE, Independent Civil Actions
Article 30. When a separate civil action is brought to
demand civil liability arising from a criminal offense, and
no criminal proceedings are instituted during the
pendency of the civil case, a preponderance of evidence
shall likewise be sufficient to prove the act complained
of.
Article 31. When the civil action is based on an
obligation not arising from the act or omission
complained of as a felony, such civil action may proceed
independently of the criminal proceedings and regardless
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of the result of the latter. his/her private capacity for acts done
Article 32. Any public officer or employee, or any private in the course of the performance of the
individual, who directly or indirectly obstructs, defeats, functions of the office, where said
violates or in any manner impedes or impairs any of the public officer: (1) acted with malice,
following rights and liberties of another person shall be
liable to the latter for damages:
bad faith, or negligence; or (2) where
(1) Freedom of religion; the public officer violated a
(2) Freedom of speech; constitutional right of the plaintiff
(3) Freedom to write for the press or to maintain a (VINZONS-CHATO v. FORTUNE
periodical publication; TOBACCO CORP., G.R. No. 141309, 19
(4) Freedom from arbitrary or illegal detention;
(5) Freedom of suffrage; June 2007).
(6) The right against deprivation of property without due Article 33. In cases of defamation, fraud, and physical
process of law; injuries a civil action for damages, entirely separate and
(7) The right to a just compensation when private distinct from the criminal action, may be brought by the
property is taken for public use; injured party. Such civil action shall proceed
(8) The right to the equal protection of the laws; independently of the criminal prosecution, and shall
(9) The right to be secure in one's person, house, papers, require only a preponderance of evidence.
and effects against unreasonable searches and seizures;
(10) The liberty of abode and of changing the same; Article 34. When a member of a city or municipal police
(11) The privacy of communication and correspondence; force refuses or fails to render aid or protection to any
(12) The right to become a member of associations or person in case of danger to life or property, such peace
societies for purposes not contrary to law; officer shall be primarily liable for damages, and the city
(13) The right to take part in a peaceable assembly to or municipality shall be subsidiarily responsible therefor.
petition the Government for redress of grievances; The civil action herein recognized shall be independent
(14) The right to be a free from involuntary servitude in of any criminal proceedings, and a preponderance of
any form; evidence shall suffice to support such action.
(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.

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.

The rule in this jurisdiction is that a

public officer may be validly sued in

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