Tort and Damages Memory Aid

San Beda College of Law Anthony Escasinas
215
MEMORY AID IN CIVIL LAW
TORTS AND DAMAGES
I. TORTS
NEGLIGENCE
TORT The omission of that degree of
An unlawful violation of private diligence which is required by the nature
right, not created by contract, and which of the obligation and corresponding to
gives rise to an action for damages. the circumstances of persons, time and
It is an act or omission producing an place. (Article 1173 Civil Code)
injury to another, without any previous
existing lawful relation of which the said Kinds of Negligence:
act or omission may be said to be a 1. Culpa Contractual (contractual
natural outgrowth or incident. negligence)
Governed by CC provisions on
NOTES: Obligations and Contracts, particularly
An unborn child is NOT entitled to Arts. 1170 to 1174 of the Civil Code.
damages. But the bereaved parents may
be entitled to damages, on damages 2. Culpa Aquiliana (quasi-delict)
inflicted directly upon them. (Geluz vs. Governed mainly by Art. 2176 of the
CA, 2 SCRA 802) Civil Code
Defendants in tort cases can either
be natural or artificial being. 3. Culpa Criminal (criminal negligence)
Corporations are civilly liable in the Governed by Art. 365 of the Revised
same manner as natural persons. Penal Code.
Any person who has been injured by
reason of a tortious conduct can sue the
tortfeasor.
The primary purpose of a tort action NOTES:
is to provide compensation to a person
who was injured by the tortious conduct The 3 kinds of negligence furnish
of the defendant. separate, distinct, and independent
Preventive remedy is available in bases of liability or causes of action.
some cases. A single act or omission may give rise
to two or more causes of action.
Classes of Torts: Culpa Contractual Culpa Aquiliana

The foundation of It is a separate
A. Negligent Torts the liability of the source of obligation
B. Intentional Torts defendant independent of
contract
C. Strict Liability
is the contract
In breach of contract In quasi-delict the
committed through presumptive
the negligence of responsibility for the
A. NEGLIGENT TORTS employee, the negligence of his
employer cannot servants can be
erase his primary and rebutted by proof of
Involve voluntary acts or omissions
direct liability by the exercise of due
which result in injury to others without invoking exercise of care in their
intending to cause the same or because diligence of a good selection and
the actor fails to exercise due care in father of a family in supervision.
performing such acts or omissions. the selection and
supervision of the
CIVIL LAW COMMITTEE

CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma. Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease), John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
216
employee. 2. Could a prudent man, in the case

under consideration, foresee harm as
a result of the course pursued?
If so, it was the duty of the actor to
take precautions to guard against harm.
NOTES:
Negligence is a conduct - the
determination of the existence of
negligence is concerned with what the
defendant did or did not do
Culpa Aquiliana Crime
The state of mind of the actor is
Only involves private Affect the public
concern interest
not important; good faith or use of
The Civil Code by The Revised Penal sound judgment is immaterial. The
means of indem- Code punishes or existence of negligence in a given
nification merely corrects criminal act case is not determined by reference
repairs the damage to the personal judgment but by the
Includes all acts in Punished only if behavior of the actor in the situation
which any kind of there is a penal law before him. (Picart vs. Smith)
fault or negligence clearly covering them Negligence is a conduct that creates
intervenes
an undue risk of harm to others.
Liability of the
employer of the The determination of negligence is a
actor-employee is question of foresight on the part of the
Liability is direct and
primary in quasi- subsidiary in crimes actor FORESEABILITY.
delict Even if a particular injury was not
foreseeable, the risk is still foreseeable
QUASI-DELICT if possibility of injury is foreseeable.
Forseeability involves the question of
PROBABILITY, that is, the existence of
Whoever by act or omission causes
some real likelihood of some damage and
damage to another, there being fault or
the likelihood is of such appreciable
negligence is obliged to pay for the
weight reasonably to induce, action to
damage done. (Article 2176 Civil Code)
avoid it.
Calculation of Risk
Essential Requisites for a quasi- Interests are to be balanced only in
delictual action: the sense that the purposes of the actor,
the nature of his act and the harm that
1. Act or omission constituting fault or may result from action or inaction are
negligence; elements to be considered.
2. Damage caused by the said act or
omission; and Circumstances to consider in
3. Causal relation between the damage determining negligence: (PEST-GAP)
and the act or omission. 1. Time
2. Place
Tests of Negligence 3. Emergency
1. Did the defendant in doing the Emergency rule
alleged negligent act use the GENERAL RULE: An individual who
reasonable care and caution which suddenly finds himself in a situation
an ordinarily prudent person would of danger and is required to act
have used in the same situation? without much time to consider the
If not then he is guilty of best means that may be adopted to
negligence. avoid the impending danger is not
guilty of negligence if he fails to
CIVIL LAW COMMITTEE

217
undertake what subsequently and negligence. In the other hand, if the

upon reflection may appear to be a child is above 9 years but below 15,
better solution. there is a disputable presumption of
EXCEPTION: When the emergency absence of negligence.
was brought by the individuals own Absence of negligence does not
negligence. (Valenzuela vs. CA 253 necessarily mean absence of liability.
SCRA 303). Liability without fault: a child under
4. Gravity of Harm to be avoided 9 years can still be subsidiarily liable
5. Alternative Course of Action with his property (Art. 100, RPC)
If the alternative presented to Absence of negligence of the child
the actor is too costly, the harm may not excuse the parents from their
that may result may be still be vicarious liability under Art. 2180 NCC or
considered unforeseeable to a Art. 221 FC.
reasonable man.
6. Social value or utility of activity 2. Physical Disability
7. Person exposed to the risk Mere weakness of a person will not
be an excuse in negligence cases.
GOOD FATHER OF A FAMILY (pater However if defect amounts to a real
familias): disability the standard of conduct is that
- this is the standard of conduct used in of a reasonable person under like
the Philippines disability.
- a man of ordinary intelligence and
prudence or an ordinary reasonable 3. Experts and professionals
prudent man They should exhibit the care and skill
a reasonable man deemed to have of one who is ordinarily skilled in the
knowledge of the facts that a man should particular field that he is in.
be expected to know based on ordinary When a person holds himself out as
human experience. (PNR vs IAC, 217 being competent to do things requiring
SCRA 409) professional skill, he will be held liable
- a prudent man who is expected to know for negligence if he fails to exhibit the
the basic laws of nature and physics, e.g. care and skill of one ordinarily skilled in
gravity. the particular work which he attempts to
do.
SPECIAL RULES An expert will not be judged based
1. Children on what a non-expert can foresee.
The action of the child will not The rule regarding experts is
necessarily be judged according to the applicable not only to professionals who
standard of an adult. But if the minor is have undergone formal education.
mature enough to understand and
appreciate the nature and consequence 4. Nature of activity
of his actions, he will be considered There are activities which by nature
negligent if he fails to exercise due care impose duties to exercise a higher
and precaution in the commission of such degree of diligence.
acts. Examples:
a. Banks, by the very nature of their
NOTES: work, are expected to exercise the
The law fixes no arbitrary age at highest degree of diligence in the
which a minor can be said to have the selection and supervision of their
necessary capacity to understand and employees.
appreciate the nature and consequence b. Common carriers are required to
of his acts. (Taylor vs. Meralco, 16 Phil exercise extraordinary diligence in the
8) vigilance over their passengers and
Applying the provisions of the transported goods. (Article 1733 Civil
Revised Penal Code, Judge Sangco takes Code).
the view that a child who is 9 or below is
conclusively presumed to be incapable of 5. Intoxication
CIVIL LAW COMMITTEE

218
GENERAL RULE: Mere intoxication is care required is no longer what a

not negligence, nor does the mere fact reasonably prudent man would do under
of intoxication establish want of ordinary the circumstances but what the
care. But it may be one of the Legislature has commanded.
circumstances to be considered to prove EXCEPTIONS:
negligence. a. When unusual conditions occur and
EXCEPTION: Under Art. 2185 of the strict observance may defeat the
Civil Code, it is presumed that a person purpose of the rule and may even
driving a motor vehicle has been lead to adverse results.
negligent if at the time of the mishap, b. When the statute expressly
he was violating any traffic regulation. provides that violation of a
statutory duty merely establishes a
6. Insanity presumption of negligence.
The insanity of a person does not
excuse him or his guardian from liability NOTE: Rule as to proof of proximate
based on quasi-delict. cause
Bases for holding an insane person GENERAL RULE: Plaintiff must show
liable for his tort: that the violation of the statute is the
a. Where one of two innocent persons proximate or legal cause of the injury
must suffer a loss, it should be borne by or that it substantially contributed
the one who occasioned it. thereto. (Sanitary Steam Laundry, Inc.
b. To induce those interested in the vs. CA 300SCRA20)
estate of the insane person to restrain EXCEPTION: In cases where the
and control him. damage to the plaintiff is the damage
c. The fear that an insanity would sought to be prevented by the statute.
lead to false claims of insanity and avoid In such cases, proof of violation of
liability. statute and damage to the plaintiff
may itself establish proximate cause.
7. Women (Teague vs. Fernandez 51SCRA181).
In determining the question of
contributory negligence in performing 2. Administrative Rule
such act, the age, sex, and condition of Violation of a rule promulgated by
the passengers are circumstances administrative agencies is not negligence
necessarily affecting the safety of the per se but may be EVIDENCE OF
passenger, and should be considered. NEGLIGENCE.
(Cangco vs. Manila Railroad Co. GR
No.12191, October 14, 1918) 3. Private Rules of Conduct.
Although there is no unequivocal Violation of rules imposed by
statement of the rule, Valenzuela vs. CA private individuals (e.g. employers) is
253SCRA303 appears to require a merely a POSSIBLE EVIDENCE OF
different standard of care for women NEGLIGENCE.
under the circumstances indicated
therein. B. PRACTICE AND CUSTOM
However, Dean Guido Calabresi Compliance with the practice and
believes that there should be a uniform custom in a community will not
standard between a men and a women. automatically result in a finding that the
actor is not guilty of negligence. Non-
Other Factors to Consider in compliance with the practice or custom
Determining Negligence: in the community does not necessarily
A. VIOLATION OF RULES AND mean that the actor was negligent.
STATUTES In Yamada vs. Manila Railroad Co.,
1. Statutes the owner of an automobile struck by a
GENERAL RULE: Violation of a train while crossing the tracks sought to
statutory duty is NEGLIGENCE PER SE establish absence of negligence of its
(Cipriano vs. CA, 263SCRA711). When the driver by evidence of a custom of
Legislature has spoken, the standard of automobile drivers of Manila by which
CIVIL LAW COMMITTEE

219
they habitually drove their cars over the 3. The driver of a motor vehicle is
railroad crossings without slackening presumed negligent if at the time of the
speed. The SC rejected the argument by mishap, he was violating any traffic
ruling that: a practice which is dangerous regulation. (Article 2185 Civil Code)
to human life cannot ripen into custom 4. GENERAL RULE: Prima facie
which will protect anyone who follows it. presumption of negligence of the
defendant arises if death or injury
C. COMPLIANCE WITH STATUTES results from his possession of dangerous
Compliance with a statute is not weapons or substance.
conclusive that there was no negligence. EXCEPTION: When such possession or
Example: A defendant can still be use is indispensable to his occupation or
held liable for negligence even if he can business. (Article 2188 Civil Code)
establish that he was driving below the 5. GENERAL RULE: Presumption of
speed limit. Compliance with the speed negligence of the common carrier arises
limit is not conclusive that he was not in case of loss, destruction or
negligently driving his car. deterioration of the goods, or in case of
death or injury of passengers.
EXCEPTION: Upon proof of exercise of
Gross Negligence - Negligence where extraordinary diligence.
there is want of even slight care and
diligence.
B. Res Ipsa Loquitur
PROOF OF NEGLIGENCE The thing or transaction speaks for

GENERAL RULE: itself.
If the plaintiff alleged in his It is a rule of evidence peculiar to
complaint that he was damaged because the law of negligence which recognizes
of the negligent acts of the defendant, that prima facie negligence may be
the plaintiff has the burden of proving established in the absence of direct
such negligence. (Taylor vs. MERALCO proof, and furnishes a substitute for
16Phil8) specific proof of negligence.
The quantum of proof required is
preponderance of evidence. (Rule 133
Revised Rules of Court)
EXCEPTIONS: Exceptional cases when
the rules or the law provides for cases
when negligence is presumed.
A. Presumptions of Negligence
B. Res Ipsa Loquitur
A. Presumptions of Negligence Requisites of Res Ipsa Loquitor:
1. In motor vehicle mishaps, the owner 1. The accident was of a kind which
is presumed negligent if he was in the ordinarily does not occur in the
vehicle and he could have used due absence of someones negligence;
diligence to prevent the misfortune. 2. The instrumentality which caused
(Article 2184 Civil Code) the injury was under the exclusive
2. It is disputably presumed that a control and management of the
driver was negligent if he had been person charged with negligence; and
found guilty of reckless driving or 3. The injury suffered must not have
violating traffic regulations at least been due to any voluntary action or
twice for the next preceding two contribution on the part of the
months. (Article 2184 Civil Code) person injured; absence of
explanation by the defendant.
CIVIL LAW COMMITTEE

220
as a crime against security (Article 275

RPC); and
In Africa vs. Caltex (Phil.) Inc. Mar No driver of a motor vehicle concerned
31, 1966, defendant Caltex was liable for in a vehicular accident shall leave the
damage done to the property of its scene of the accident without aiding the
neighbors when fire broke out in a Caltex victim unless he is excused from doing
service station. The gasoline station, so. (Section 55 RA 4136 [Land
with all its appliances, equipment and Transportation and traffic Code])
employees, was under the control of the
defendant. The persons who knew how 2. Owners, Proprietors and Possessors
the fire started were the defendant and of Property
its employees, but they gave no GENERAL RULE: The owner has no duty
explanation whatsoever. to take reasonable care towards a
The doctrine is not applicable if trespasser for his protection or even to
there is direct proof of absence or protect him from concealed danger.
presence of negligence. (S.D. Martinez, NOTE: Damage to any person resulting
et al vs. William Van Buskirk) from the exercise of any rights of
ownership is damage without injury
(Damnum absque injuria)
AFFIRMATIVE DUTIES AND
MISCELLANEOUS ACTIVITIES: EXCEPTIONS:
1. Duty to Rescue a. Visitors and tolerated possession
A. Duty to the rescuer The owner is still liable if the
The defendants are liable for the plaintiff is inside his property by
injuries to persons who rescue people in tolerance or by implied permission.
distress because of the acts or omissions Owners of buildings or premises
of the said defendants. owe duty of care to visitors.
There is liability to the rescuer b. Doctrine of Attractive Nuisance
and the law does not discriminate One who maintains on his
between the rescuer oblivious to the premises dangerous instrumentalities
peril and the one who counts the costs. or appliances of a character likely to
The risk of rescue, if only not attract children in play, and who
wanton, is born of the occasion. fails to exercise ordinary care to
One who was hurt trying to prevent children from playing
rescue another who was injured through therewith or resorting thereto, is
negligence may recover damages. liable to a child of tender years who
(Santiago vs. De leon CA-GR No.16180-R is injured thereby, even if the child
March 21, 1960) is technically a trespasser in the
Danger of personal injury or premises.
death. NOTE: A swimming pool or pond or
reservoir of water is NOT considered
attractive nuisance. (Hidalgo
Enterprises vs. Baladan 91 Phil 488)
c. State of Necessity
The owner of a thing has no right
B. Duty to rescue to prohibit the interference of
GENERAL RULE: There is no general another with the same if the
duty to rescue; a person is not liable for interference is necessary to avert
quasi-delict even if he did not help a imminent danger and the threatened
person in distress. damage, compared to the damage
EXCEPTIONS: A limited duty to rescue arising to the owner from the
is imposed in certain cases: interference, is much greater.
Abandonment of persons in danger and (Article 432 Civil Code)
abandonment of ones own victim is It is also a recognized justifying
considered, under certain circumstances circumstance under the RPC.
CIVIL LAW COMMITTEE

221
In both the Civil Code and the Employees are bound to exercise due
RPC, the owner may demand from care in the performance of their
the person benefited, indemnity for functions for the employers; absence
the damages. such due care, the employee may be
held liable.
Use of properties that injures another
An owner cannot use his property in 4. Banks
such a manner as to injure the rights of The business of banks is one affected
others. (Article 431 Civil Code). by public interest. Because of the
Hence the exercise of the right of nature of its functions, a bank is under
the owner may give rise to an action obligation to treat the accounts of its
based on quasi-delict if the owner depositors with meticulous care, always
negligently exercises such right to the having in mind the fiduciary nature of
prejudice of another. their relationship. (PBC vs. CA [1997])
Liability of Proprietors of buildings 5. Common carriers

New Civil Code include provisions From the nature of their business
that apply to proprietors of a building or and for reasons of public policy, they are
structure which involve affirmative duty bound to exercise extraordinary
of due care in maintaining the same: diligence in the vigilance over the goods
Articles 2190 and 2191. and the safety of the passengers.
Third persons who suffered damages The case against the common carrier
may proceed only against the engineer or is for the enforcement of an obligation
architect or contractor if the damage arising from breach of contract.
referred to in Articles 2190 and The same act which breached the
2191should be a result of any defect in contract may give rise to an action based
construction. on quasi delict. (Air France vs
Nevertheless, actions for damages Carrascoso, L21438, Sept. 28, 1996)
can still be maintained under Article
2176 for damages resulting from 6. Doctors
proprietors failure to exercise due care A. STANDARD OF CARE
in the maintenance of his building and The proper standard is whether,
that he used his property in such a way the physician if a general practitioner,
that he injured the property of another. has exercised the degree of care and
skill of the average qualified
3. Employers and Employees practitioner, taking into account the
A. Employers advances in the profession.
Actions for quasi-delict can still be A physician who holds himself out
maintained even if employees as a specialist should be held to the
compensation is provided for under standard of care and skill of the average
the Labor Code. member of the profession practicing the
In quasi-delictual actions against the specialty, taking into account the
employer, the employee may use the advances in the profession.
provisions of the Labor Code which
imposes upon the employer certain B. THE CAPTAIN OF THE SHIP DOCTRINE
duties with respect to the proper The head surgeon is made liable
maintenance of the work place or for everything that goes wrong within
the provisions of adequate facilities the four corners of the operating room.
to ensure the safety of the It enunciates the liability of the
employees. surgeon not only for the wrongful acts of
Articles 1711 and 1712 of the Civil those under his physical control but also
Code impose liability without fault those wherein he has extension of
on the part of the employers. control.
C. NOT WARRANTORS
B. Employees
CIVIL LAW COMMITTEE

222
Physicians are not warrantors of treatment of the patient. (Ramos vs. CA

cures or insurers against personal injuries GR No 124354, April 11, 2002)
or death of the patient.
7. Lawyers
D. PROOF An attorney is not bound to exercise
Expert testimony should be offered extraordinary diligence but only a
to prove that the circumstances are reasonable degree of care and skill,
constitutive of conduct falling below the having reference to the business he
standard of care employed by other undertakes to do.
physicians in good standing when
performing the same operation. DEFENSES IN NEGLIGENCE CASES
Medical malpractice can also be Kinds of defenses:
established by relying on the doctrine of A. Complete completely bars
res ipsa loquitor; in which case the need recovery
of expert testimony is dispensed with B. Partial mitigates liability
because the injury itself provides the
proof of negligence. (Ramos vs. CA, GR 1. PLAINTIFFS CONDUCT AND
No.124354, December 29, 1999) CONTRIBUTORY NEGLIGENCE
Example: The doctrine was applied a. Plaintiffs own negligence as the
in a case of removal of the wrong part of proximate cause
the body when another part was When the plaintiffs own negligence
intended. was the immediate and proximate
cause of his injury, he cannot
Two pronged evidence: recover damages. (Article 2179
a. Evidence as to the recognized Civil Code)
standards of the medical community b. Contributory negligence
in the particular kind of case; and Conduct on the part of the injured
b. A showing that the physician party contributing as a legal cause
departed from this standard in his to the harm he has suffered which
treatment. falls below the standard to which
Four elements in medical he is required to conform for his
negligence cases: duty, breach, injury own protection. (Valenzuela vs. CA
and proximate causation 253SCRA303)
If the plaintiffs negligence was
E. LIABILITY OF HOSPITALS AND only contributory, the immediate
CONSULTANTS and proximate cause of the injury
There is no employer-employee being the defendants lack of due
relationship between the hospital and a care, the plaintiff may recover
physician admitted in the said hospitals damages but the courts shall
medical staff as an active or visiting mitigate the damages to be
consultant which would hold the awarded (Article 2179 Civil Code).
hospital liable solidarily liable for the Doctrine of Comparative
injury suffered by a patient under Article Negligence
2180 of the Civil Code. (Ramos vs. CA GR The relative degree of
No 124354, April 11, 2002) negligence of the parties is
The contract between the considered in determining whether
consultant and the patient is separate and to what degree, either should
and distinct the contract between the be responsible for his negligence
hospital and the patient. The first has (apportionment of damages).
for its object the rendition of medical This is the doctrine being
services by the consultant to the patient, applied in our jurisdiction wherein
while the second concerns the provision the contributory negligence of the
by the hospital of facilities and services plaintiff does not completely bar
by its staff such as nurses and laboratory recovery but merely results in
personnel necessary for the proper mitigation of liability; it is a partial
defense.
CIVIL LAW COMMITTEE

223
The court is free to EXCEPTION: It is merely a partial

determine the extent of the defense and the courts may mitigate
mitigation of the defendants the damages if the loss would have
liability depending upon the resulted in any event (Art. 2215(4)
circumstances. Civil Code).
2. IMPUTED CONTRIBUTORY 4. ASSUMPTION OF RISK

NEGLIGENCE
Negligence is imputed if the actor is Volenti non fit injuria: One is not
different from the person who is legally injured if he has consented to the
being made liable. act complained of or was willing that it
The defendant will be subject to should occur.
mitigated liability even if the It is a complete defense.
plaintiff was not himself personally Elements:
negligent but because the negligence
of another is imputed to the a. The plaintiff must know that the
plaintiff. risk is present;
It is applicable if the negligence was b. He must further understand its
on the part of the person for whom nature; and that
the plaintiff is responsible, and c. His choice to incur it is free and
especially, by negligence of an voluntary.
associate in the transaction where he
was injured.
KINDS:
3. FORTUITOUS EVENTS
Essential requisites: a. Express waiver of the right to
a. The cause of the unforeseen and recover
unexpected occurrence, or of the
failure of the debtor to comply There is assumption of risk if the
with his obligation, must be plaintiff, in advance has expressly
independent of the human will; waived his right to recover damages for
b. It must be impossible to foresee the negligent act of the defendant.
the event which constitutes the
caso fortuito, or if it can be NOTE: A person cannot contract away his
foreseen, it must be impossible to right to recover damages resulting from
avoid; negligence. Such waiver is contrary to
c. The occurrence must be such as to public policy and cannot be allowed.
render it impossible for the debtor However, the waiver contemplated by
to fulfill his obligation in a normal this prohibition is the waiver of the right
manner; and to recover before the negligent act was
d. The obligor must be free from any committed.
participation in the aggravation of
the injury resulting to the creditor. If waiver was made after the cause
NOTE: When an act of God concurs of action accrued, the waiver is valid and
with the negligence of defendant to
may be construed as a condonation of
produce an injury, the defendant is
the obligation.
liable if the injury would not have
resulted but for his own negligent
conduct or omission. The whole
occurrence is humanized and removed
from the rules applicable to acts of b. Implied Assumptions
God. (NAPOCOR vs. CA [1993])
GENERAL RULE: It is a complete i. Dangerous Conditions
defense and a person is not liable if
the cause of the damage is a fortuitous
event.
CIVIL LAW COMMITTEE

224
A person who, knowing that he decided to proceed to encounter it,

is exposed to a dangerous condition there is an implied admission.
voluntarily assumes the risk of such EXAMPLE: If the plaintiff has
dangerous condition may not recover been supplied with a product which
from the defendant who maintained he knows to be unsafe, he is deemed
such dangerous conditions. to have assumed the risk of using
Example: A person who main- such unsafe product.
tained his house near a railroad track
assumes the usual dangers attendant
to the opera-tion of a locomotive.
(Rodrigueza vs. Manila Railroad Co., 5. DEATH OF THE DEFENDANT
GR No. 15688, Nov. 19, 1921). Death of the defendant does not
extinguish the obligation based on quasi-
ii. Contractual Relations delict.
An action survives even if the
There may be implied defendant dies during the pendency of
assumption of risk if the plaintiff the case if the case is an action to
entered into a contractual relation recover for an injury to persons or
with the defendant. By entering into property by reason of tort committed by
a relationship freely and voluntarily the deceased. It is no defense at all.
where the negligence of the
defendant is obvious, the plaintiff
may be found to accept and consent 6. PRESCRIPTION
to it. An action based on quasi-delict
EXAMPLES: prescribes in four years from the date of
the accident. (Article 1146 Civil Code)
a) The employees assume the
ordinary risks inherent in the Relations Back Doctrine
industry in which he is employed. An act done at one time is
considered by fiction of law to have
- As to abnormal risks, there been done at some antecedent
must be cogent and convincing period. (Allied Banking Corp vs. CA,
evidence of consent. 1989)
EXAMPLE: A doctor negligently
transfused blood to a patient that
b) When a passenger boards a was contaminated with HIV. If the
common carrier, he takes the risks effect became apparent only after
incidental to the mode of travel he five (5) years, the four (4) year
has taken. prescriptive period should commence
only when it was discovered.
iii. Dangerous Activities
Persons who voluntarily

participate in dangerous activities 7. INVOLUNTARINESS
assume the risks which are usually
present in such activities.
EXAMPLE: A professional It is a complete defense in quasi-
athlete is deemed to assume the delict cases and the defendant is
risks of injury to their trade. therefore not liable if force was exerted
on him. (Aquino, Torts and Damages)
EXAMPLE: When the defendant was
iv. Defendants negligence forced to drive his vehicle by armed
men. He was, at pain of death, forced to
When the plaintiff is aware of drive at a very fast clip because the
the risk created by the defendants armed men were escaping from the
negligence, yet he voluntarily policemen. The defendant cannot be
CIVIL LAW COMMITTEE

225
held liable, if a bystander is hit as a caused the entire injury; they become
consequence. joint tort-feasors and are solidarily liable
for the resulting damage under Article
2194 of the Civil Code.
CAUSATION
Proximate Cause NOTE: Primary cause remains the

That cause which in natural and proximate cause even if there is an
continuous sequence, unbroken by any intervening cause which merely
efficient intervening cause, produces the cooperated with the primary cause and
injury, without which the result would which did not break the chain of
not have occurred. causation.
Remote Cause
That cause which some independent
force merely took advantage of to Tests of Proximate Cause
accomplish something not the natural Two-part test
effect thereof. 1. Cause-in-fact Test
2. Policy Test
Nearest Cause NOTE: In determining the proximate
That cause which is the last link in cause of the injury, it is first necessary
the chain of events; the nearest in point to determine if the defendants
of time or relation. negligence was the cause-in-fact of the
Proximate cause is not necessarily damage to the plaintiff. (Cause-in-fact
the nearest cause but that which is the test)
procuring efficient and predominant If the defendants negligence
cause. was not the cause-in-fact, the
Concurrent Causes inquiry stops.
The actor is liable even if the active If it is, the inquiry shifts to the
and substantially simultaneous operation question of limit of the defendants
of the effects of a third persons liability. (Policy test)
innocent, tortious or criminal act is also CAUSE-IN-FACT TESTS:
a substantial factor in bringing about the 1. But-For Test
harm so long as the actors negligent The defendants conduct is the
conduct actively and continuously cause-in-fact if damage would not have
operate to bring about harm to another. resulted had there been no negligence
(Africa vs. Caltex) on the part of the defendant.
Where several causes producing the Conversely, defendants negligent
injury are concurrent and each is an conduct is not the cause in fact of the
efficient cause without which the injury plaintiffs damage if the accident could
would not have happened, the injury not have been avoided in the absence
may be attributed to all or any of the thereof.
causes and recovery may be had against
any or all of the responsible persons. 2. Substantial Factor test
Where the concurrent or successive The conduct is the cause-in-fact of
negligent acts or omissions of two or the damage if it was a substantial factor
more persons, although acting in producing the injuries.
independently, are in combination the In order to be a substantial factor in
direct and proximate cause of a single producing the harm, the causes set in
injury to a third person, and it is motion by the defendant must continue
impossible to determine what proportion until the moment of the damage or at
each contributed to the injury, either of least down the setting in motion of the
them is responsible for the whole injury, final active injurious force which
even though his act alone might not have
CIVIL LAW COMMITTEE

226
immediately produced or preceded the

damage. 2. DIRECT PERSEPECTIVE/ DIRECT
NOTE: If the defendants conduct was COSEQUENCES TESTS
already determined to be the cause in The defendant is liable for damages
fact of the plaintiffs damage under the which are beyond the risk.
but for test, it is necessarily the cause in Direct consequences are those which
fact of the damage under the substantial follow in sequence from the effect of
factor test. defendants act upon conditions existing
and forces already in operation at the
3. NESS Test time without intervention of any
The candidate condition may still be external forces, which come into active
termed as a cause where it is shown to operation later.
be a necessary element in just one of
several co-present causal set each Tests applied in the Philippines:
independently sufficient for the effect. New Civil Code has a chapter on
Damages which specifies the kind of
Two ways by which co-presence may damage for which the defendant may be
manifest itself: held liable and the extent of damage to
a. Duplicative causation be awarded to the plaintiff.
When two or more sets operate Cause-in-fact Tests:
simultaneously to produce the 1. But-for test
effect; the effect is over- 2. Substantial Factor test
determined. 3. NESS test
b. Pre-emptive causation Policy test: The directness approach
When, though coming about first is being applied in this jurisdiction.
in time, one causal set trumps
another potential set lurking in the NOTE: The definition of proximate cause
background; the causal potency of which includes the element of foresight
the latter is frustrated. is not consistent with the express
provision of the Article 2202 of the New
Multiple causation Civil Code; a person may be held liable
If there are a number of candidate whether the damage to the plaintiff may
conditions, which, taken one at a time, be unforeseen.
would not in fact have been sufficient to Cause and Conditions
cause the accident and the accident was It is no longer practicable to
a cumulative effect of all the candidate distinguish between cause and
conditions. condition.
The defendant may be liable even if
Policy Tests: only created conditions, if the conditions
1. Foreseeability Test resulted in harm to either person or
2. Natural and Probable Consequence property.
Test EXAMPLES of Dangerous Conditions:
3. Natural and Ordinary or Direct 1. Those that are inherently
Consequence Test dangerous
4. Hindsight Test 2. Those where a person places a
5. Orbit of Risk Test thing which is not dangerous in itself in a
6. Substantial Factor Test dangerous position.
3. Those involving products and
Policy Tests may be divided into Two other things which are dangerous
Groups: because they are defective.
1. FORESIGHT PERSPECTIVE/
FORESEEABILITY TESTS Efficient Intervening Cause
The defendant is not liable for the One which destroys the causal
unforeseeable consequences of his acts connection between the negligent act
Liability is limited within the risk and the injury and thereby negatives
created by defendants negligent acts. liability.
CIVIL LAW COMMITTEE

227
There is NO efficient intervening Plaintiffs negligence is not merely

cause if the force created by the contributory because it is a concurring
negligent act or omission have either: proximate cause.
1. Remained active itself, or No recovery can be had. (Aquino,
2. Created another force which Torts and Damages)
remained active until it directly
caused the result, or C. Part of the same causal set
3. Created a new active risk of Neither plaintiffs negligence nor
being acted upon by the active force defendants negligence alone is
that caused the result. sufficient to cause the injury; the effect
EXAMPLE: The medical findings, show would result only if both are present
that the infection of the wound by together with normal background
tetanus was an efficient intervening conditions.
cause later or between the time Javier
Negligence of the plaintiff
was wounded to the time of his death.
cooperated with the negligence of the
(People vs. Rellin 77 Phil 1038)
defendant in order to bring about the
injury; determination of proximate cause
NOTES:
is only a matter of degree of
A cause is not an intervening cause if participation.
it was already in operation at the time
the negligent act is committed. D. Defendants Negligence is the Only
Foreseeable intervening causes cause
cannot be considered sufficient Defendants negligence was
intervening causes. sufficient AND necessary to bring about
The intervention of unforeseen and the injury.
unexpected cause is not sufficient to However, if plaintiffs negligence
relieve the wrongdoer from increased or aggravated the resulting
consequences of negligence if such damage or injury liability of the
negligence directly and proximately defendant should also be mitigated
cooperates with the independent cause under contributory negligence rule or
in the resulting injury. under the doctrine of avoidable
consequences.
CONTRIBUTORY NEGLIGENCE Doctrine of Last Clear Chance or
A. Plaintiffs negligence is the cause Discovered Peril
Plaintiffs negligence is not The negligence of the plaintiff does
contributory if it is necessary and not preclude a recovery for the
sufficient to produce the result. negligence of the defendant where it
EXAMPLES: appears that the defendant, by
1. Only the plaintiff was negligent. exercising reasonable care and
2. Defendants negligence is not a prudence, might have avoided injurious
part of the causal set which is a part of consequences to the plaintiff
the causal chain. notwithstanding the plaintiffs
3. Plaintiffs negligence was pre- negligence.
emptive in nature.
Alternative Views:
B. Compound Causes 1. Prevailing view
Plaintiffs negligence may have Doctrine is applicable in this
duplicative effect, that it, it is sufficient jurisdiction.
to bring about the effect but his Even if plaintiff was guilty of
negligence occurs simultaneously with antecedent negligence, the defendant is
the defendant; the latters negligence is still liable because he had the last clear
equally sufficient but not necessary to chance of avoiding the injury.
bring about the effect because damage
would still have resulted due to the 2. Minority View
negligence of the plaintiff.
CIVIL LAW COMMITTEE

228
The historical function of the They are found in Chapter 2 of the

doctrine was to mitigate the harshness of Preliminary Title of the NCC entitled
the common law rule of contributory Human Relations. Although this
negligence which prevented any recovery chapter covers negligent acts, the torts
at all by the plaintiff who was also mentioned herein are mostly intentional
negligent even if his negligence was in nature or torts involving malice or bad
relatively minor as compared with the faith.
wrongful act or omission of the
defendant.
The doctrine has no role in this
jurisdiction where common law concept HUMAN RELATIONS
of contributory negligence has itself
been rejected in Article 2179 of the Civil 1. Principle of Abuse of Rights
Code. (ART.19)
3. Third View
There can be no conflict between Elements:
the doctrine of last clear chance and
doctrine of comparative negligence if a. Legal right or duty;
the former is viewed as a rule or phrase b. The right or duty is exercised in
of proximate cause; bad faith; and
However, the doctrine of last clear c. For the sole intent of prejudicing
chance is no longer applicable if the or injuring another.
force created by the plaintiffs EXAMPLE: If the principal
negligence continues until the happening unreasonably terminated an agency
of the injurious event. agreement for selfish reasons.
(Valenzuela vs. CA, 190 SCRA 1)
Cases when the doctrine was held NOTE: This rule is a departure from the
inapplicable (PICCA) traditional view that a person is not
1. If the plaintiff was not negligent. liable for damages resulting from the
2. The party charged is required to act exercise of ones right.
instantaneously, and if the injury cannot
be avoided by the application of all the
means at hand after the peril is or should 2. Article 20 of the Civil Code
have been discovered.
3. If defendants negligence is a Speaks of the general sanction for all
concurrent cause and which was still in other provisions of law which do not
operation up to the time the injury was especially provide for their own
inflicted. sanction.
4. Where the plaintiff, a passenger,
filed an action against a carrier based on NOTE: Article 20 does not distinguish;
contract. the act may be done willfully or
5. If the actor, though negligent, was negligently.
not aware of the danger or risk brought
about by the prior fraud or negligent act.
B. INTENTIONAL TORTS 3. Acts contra bonus mores (Article 21

Include conduct where the actor Civil Code)
desires to cause the consequences of his
act or believes that the consequences Elements:
are substantially certain to result from
it. a. Act which is legal;
CIVIL LAW COMMITTEE

229
b. The act is contrary to morals, power or abuse of confidence in

good customs, public order or public successfully having sexual intercourse
policy; and with another even if he satisfied his lust
c. The act is done with intent to without promising to marry the offended
injure. party.
NOTE: Damages are recoverable even if It may not even matter that the
no positive law was violated. plaintiff and the defendant are of the
same gender.
Kinds:
a. Breach of promise to marry
GENERAL RULE: Breach of promise to

marry by itself is not actionable. c. Sexual assault
EXCEPTION: In cases where there is Defendant is liable for all forms of

another act independent of the breach sexual assault including crimes defined
of promise to marry which gives rise to under the RPC as rape, acts of
liability: lasciviousness and seduction.
1. Cases where there was financial

damage.
2. Social humiliation caused to one of
d. Desertion by a spouse
the parties.
3. Where there was moral seduction.
A spouse has a legal obligation to live
with his/her spouse.
NOTES:
If a spouse does not perform his/her
duty to the other, he may be liable for
Moral seduction, although not damages for such omission because the
punishable, connotes the idea of deceit, same is contrary to law, morals, good
enticement, superior power or abuse of customs and public policy.
confidence on the part of the seducer to
which the woman has yielded. (Gashem
Shokat Baksh vs. CA)
e. Trespass and Deprivation of

Property
Sexual intercourse is not by itself a

basis for recovery; damages could only
2 KINDS:
be awarded if the sexual intercourse is
not a product of voluntariness or mutual 1) Trespass to and/or deprivation
desire. of real property
Liability for damages under the

RPC and Article 451 of the Civil Code
b. Seduction without breach of requires intent or bad faith.
promise to marry Article 448 of the Civil Code in
relation to Article 456 does not
permit action for damages where the
Seduction, by itself, is also an act builder, planter, or sower acted in
contrary to morals, good customs and
good faith. The landowner is limited
public policy.
to the options given to him under
The defendant is liable if he article 448, that is to appropriate
employed deceit, enticement, superior whatever is built or planted or to
CIVIL LAW COMMITTEE

230
compel the builder or planter to Husband of a woman who voluntarily

purchase the portion encroached procured her abortion may recover
upon. (Aquino, Torts and Damages) damages from the physician who caused
A builder in good faith who acted the same on account of distress and
negligently may be held liable under mental anguish attendant to the loss of
Art. 2176 NCC. the unborn child and the disappointment
of his parental expectation. (Geluz vs.
2) Trespass to or deprivation of CA 2SCRA802)
personal property
In the field of tort, trespass

extends to all cases where a person g. Illegal Dismissal
is deprived of his personal property
even in the absence of criminal The right of the employer to dismiss
liability. an employee should not be confused with
the manner in which the right is
NOTE: It may cover cases where the exercised and the effects flowing
defendant was deprived of personal therefrom;
property for the purpose of obtaining If the dismissal was done anti-
possession of real property socially and oppressively, the employer
should be deemed to have violated
EXAMPLE: The defendant who Article 1701 of the Civil Code (which
was landlord, was held liable prohibits acts of oppression by either
because he deprived the plaintiffs, capital or labor against the other) and
his tenants, of water in order to Article 21 NCC.
force them to vacate the lot they An employer may be held liable for
were cultivating. (Magbanua vs. IAC damages if the manner of dismissing is
137 SCRA 352) contrary to morals good customs and
public policy.
3) Disconnection of electricity or EXAMPLE: False imputation of
gas service misdeed to justify dismissal or any
The right to disconnect and similar manner of dismissal which is done
deprive the customer, who abusively.
unreasonably fails to pay his bills, of
electricity should be exercised in
accordance with the law and rules.
Example: If a company h. Malicious Prosecution
disconnects the electricity service
without prior notice as required by An action for damages brought by
the rules, the company commits a one against another whom a criminal
tort under Article 21 NCC. prosecution, civil suit, or other legal
proceeding has been instituted
maliciously and without probable cause,
after the termination of such
f. Abortion and Wrongful Death prosecution, suit or proceeding in favor
of the defendant therein.
Damages may be recovered by both The gist of the action is putting legal
spouses if: process in force regularly, for mere
1) the abortion was caused through purpose of vexation or injury. (Drilon vs.
the physicians negligence, or CA [1997])
2) was done intentionally without
their consent
CIVIL LAW COMMITTEE

231
Elements: Under Article 21, damages are

recoverable even though no positive law
1. The fact of the prosecution and was violated.
the further fact that the defendant was An action can only prosper when
himself the prosecutor; and that the damage, material or otherwise, was
action was finally terminated with an suffered by the plaintiff. An action
acquittal; based on Articles 19-21 will be dismissed
2. That in bringing the action, the if the plaintiff merely seeks
prosecutor acted without probable recognition.
cause; Under Articles 19 and 21, the
3. The prosecutor was actuated or defendant may likewise be guilty of a
impelled by legal malice. tort even if he acted in good faith.
(Grand Union Supermarket vs. Espino)
TORTS AGAINST HUMAN DIGNITY

NOTES: TYPES:
1. Violation of the right of privacy
Reasonableness of a persons
Malice is the inexcusable intent to expectation of privacy depends on a
injure, oppress, vex, annoy or humiliate. two-part test:
Presence of probable cause signifies a) Whether by his conduct, the
absence of malice. individual has exhibited an
Absence of malice signifies good expectation of privacy.
faith on the part of the defendant; good b) Whether this expectation is one
faith may even be based on mistake of that the society recognizes as
law. reasonable.
Acquittal presupposes that a criminal
information is filed in court and final NOTES:
judgment rendered dismissing the case; GENERAL RULE: Right to privacy can
nevertheless, prior acquittal may include be invoked only by natural persons;
dismissal by the prosecutor after Juridical persons cannot invoke such
preliminary investigation. (Globe Mackay right because the entire basis of right to
and Radio Corp. vs. CA; Manila Gas Corp privacy is an injury to the feelings and
vs. CA) sensibilities of a party, a corporation
would have no such ground.
EXCEPTION: Right against unreasonable
searches and seizure can be invoked by a
juridical entity.
i. Public Humiliation
GENERAL RULE: Right to privacy is
Damages may be awarded in cases purely personal in nature, hence:
where the plaintiff suffered humiliation 1) It can be invoked only by the
through the positive acts of the person whose privacy is claimed to have
defendant directed against the plaintiff. been violated.
Example: The defendant was held 2) It can be subject to waiver of the
liable for damages under Art. 21 for person whose privacy is sought to be
slapping the plaintiff in public. (Patricio intruded into.
vs. Hon. Oscar Leviste, [1989]) 3) The right ceases upon the death of
the person.
EXCEPTION: A privilege may be given
to the surviving relatives of a deceased
NOTES: person to protect his memory but the
privilege exist for the benefit of the
living, to protect their feelings and to
prevent the violation of their own rights
CIVIL LAW COMMITTEE

232
in the character and memory of the 2. In cases where the misconduct of the
deceased. student involves his status as a
Standard to be applied in student or affects the good name
determining if there was a violation of and reputation of the school.
the right is that of a person with
ordinary sensibilities. It is relative to b. Publication of Embarrassing
the customs of time and place and is Private Facts
determined by the norm of an ordinary Requisites:
person. 1. Publicity is given to any private
or purely personal information about
Four Types of Invasion of Privacy a person;
a. Intrusion upon plaintiffs 2. Without the latters consent; and
seclusion or solitude or into his 3. Regardless of whether or not
private affairs such publicity constitutes a criminal
It is not limited to cases where offense, like libel or defamation, the
the defendant physically trespassed into circumstance that the publication
anothers property. It includes cases was made with intent of gain or for
when the defendant invades ones commercial and business purposes
privacy by looking from outside invariably serves to aggravate the
(Example: peeping-tom). violation of the right.
GENERAL RULE: There is no invasion of
right to privacy when a journalist records PUBLIC FIGURE - A person, who
photographs or writes about something by his accomplishments, fame or mode
that occurs in public places. of living or by adopting a profession or
EXCEPTION: When the acts of the calling which gives the public a
journalist should be to such extent that legitimate interest in his doings, his
it constitutes harassment or overzealous affairs and his character.
shadowing.
The freedom of the press has never NOTE: Public figures, most especially
been construed to accord newsmen those holding responsible positions in
immunity from tort or crimes committed government enjoy a more limited right
during the course of the newsgathering. to privacy compared to ordinary
There is no intrusion when an individuals.
employer investigates an employee or The interest sought to be
when the school investigates its student. protected is the right to be free from
RA 4200 makes it illegal for any unwarranted publicity, from the
person not authorized by all the parties wrongful publicizing of the private
to any private communication to secretly affairs and activities of an individual
record such communication by means of which are outside the realm of
a tape recorder (Ramirez vs CA, Sept. legitimate public concern.
28, 1995) The publication of facts derived
Use of a telephone extension for from the records of official
purposes of overhearing a private proceedings which are not otherwise
conversation without authorization does declared by law as confidential,
not violate RA 4200. cannot be considered a tortious
NOTE: There are instances where the conduct.
school might be called upon to exercise
its power over its student for acts c. Publicity which places a person
committed outside the school premises in a false light in the public eye
and beyond school hours in the The interest to be protected in
following: this tort is the interest of the
1. In cases of violation of school individual in not being made to
policies or regulations occurring in appear before the public in an
connection with school sponsored objectionable false light or false
activity off-campus; or position.
CIVIL LAW COMMITTEE

233
EXAMPLE: Defendant was held liable The gist of the tort is an interference
for damages when he published an with one spouses mental attitude
unauthorized biography of a famous toward the other and the conjugal
baseball player exaggerating his kindness of marital relations
feats on the baseball field, resulting in some actual conduct
portraying him as a war hero. (Spahn which materially affects it.
vs. Messner) It extends to all cases of wrongful
If the publicity given to the interference in the family affairs of
plaintiff is defamatory, hence an others whereby one spouse is
action for libel is also warranted; the induced to leave the other spouse or
action for invasion of privacy will conduct himself or herself that the
afford an alternative remedy. comfort of married life is destroyed.
May be committed by the media If the interference is by the parents
by distorting a news report. of the spouse, malice must be
proven.
Tort of Putting Defamation
Another in False 3. Intriguing to Cause Alienation
Light
1. As to gravamen of claim 4. Vexation and Humiliation
The gravamen of The gravamen of Discrimination against a person on
claim is not the claim is the reputa- account of his physical defect, which
reputational harm tional harm causes emotional distress, may result
but rather the in liability on the part of the
embarrassment of a
person being made
offending party.
into some-thing he is Sexual Harassment falls under this
not category.
2. As to publication - a civil action separate and distinct from
The statement should Publication is the criminal action may be
be actually made in satisfied if a letter is commenced under RA 7877.
public sent to a third person - 2 types of Sexual harassment:
3. As to the defamatory character of the a) quid pro quo cases
statements b) hostile environment cases
Defendant may still What is published
be held liable even if lowers the esteem in
TORTS WITH INDEPENDENT CIVIL
the statements tells which the plaintiff is
something good held
ACTIONS
about the plaintiff 1. Violation of civil and political rights
(Article 32)
d. Commercial appropriation of Although the same normally involves
likeness intentional acts, it can also be
The unwarranted publication of a committed through negligence.
persons name or the unauthorized Public officer who is a defendant
use of his photograph or likeness for cannot escape liability under the
commercial purposes is an invasion doctrine of state immunity; the said
of privacy. doctrine applies only if acts involved
With respect to celebrities, are done by officers in the
however, the right of publicity is performance of their official duty
often treated as a separate right that within the ambit of their powers;
overlaps but is distinct from the right officers do not act within the ambit
of privacy. They treat their names of their powers if they violate the
and likeness as property and they constitutional rights of persons.
want to control and profit
therefrom. 2. Defamation, Fraud, and Physical
injuries (Article 33)
2. Interference with Family and other A. Defamation
relations Defamation is an invasion of the
interest in reputation and good
CIVIL LAW COMMITTEE

234
name, by communication to others of any other act performed by

which tends to diminish the esteem public officers in the exercise of
in which the plaintiff is held, or to their functions.
excite adverse feelings or opinion
against him.
Includes the crime of libel and It is not sufficient that the
slander. offended party recognized himself as
RPC considers the statement the person attacked or defamed, it
defamatory if it is an imputation of must be shown that at least a third
circumstance tending to cause the person could identify him as the
dishonor, discredit or contempt of object of the libelous publication.
natural or juridical person or to In order to escape liability, the
blacken the memory of one who is defendant may claim that the
dead. statements made are privileged.
Requisites for one to be liable
for defamatory imputations: Two kinds of privileged
a. It must be defamatory communication:
b. It must be malicious 1) Absolutely privilege Those
c. It must be given publicity which are not actionable even if
d. The victim must be the author acted in bad faith.
identifiable 2) Qualifiedly privilege not
actionable unless found to have
NOTES: been made without good
Test in determining the intention or justifiable motive.
defamatory character of the
imputation: A charge is sufficient if B. Fraud
the words are calculated to induce the Elements of deceit
hearers to suppose and understand 1)The defendant must have made
that the person/s against whom they false representation to the
were uttered were guilty of a certain plaintiff
offense, or are sufficient to impeach 2)The representation must be one
their honesty, virtue, or reputation, or of fact
to hold the person/s up to public 3)The defendant must know that
ridicule. the representation is false or be
reckless about whether it is false
Dissemination to a number of
persons is not required, 4)The defendant must have acted
on the false representation
communication to a single individual
5)The defendant must have
is sufficient publication.
GENERAL RULE: Every defamatory intended that the false
imputation is presumed to be representation should be acted
malicious, even if it be true, if no on
good intention or justifiable motive 6)The plaintiff must have suffered
damage as a result of acting on
for making it is shown.
EXCEPTIONS: the false representation
Half-truths are likewise
1. A private communication
included; it is actionable if the
made by any person to another
in the performance of any legal, withholding of that which is not
stated makes that which is stated
moral or social duty; and
2. A fair and true report, made absolutely false.
in good faith, without any Misrepresentation upon a mere
matter of opinion is not an
comments or remarks, of any
judicial, legislative or other actionable deceit.
official proceedings which are
C. Physical injuries
not of confidential nature, or of
any statement, report, or speech Battery an intentional infliction
of a harmful or offensive bodily
delivered in said proceedings or
CIVIL LAW COMMITTEE

235
contact; bodily contact is offensive if 2. Exempting Circumstances

it offends a reasonable persons They do not erase the civil
sense of dignity. liability.
Assault intentional conduct by 3. Mitigating and Aggravating
one person directed at another Circumstances
which places the latter in Damages to be adjudicated may
apprehension of immediate bodily either be decreased or increased
harm or offensive act. depending on the presence of
Includes bodily injuries causing mitigating or aggravating
death. circumstances.
Physical injuries which resulted
because of negligence or imprudence Effect of Death
is not included in Article 33; they are A. DEATH AFTER FINAL JUDGMENT:
already covered by Article 2176 of extinguishes criminal liability of the
the Civil Code. person liable but will not extinguish
the civil liability.
3. Neglect of duty by police officers
(Article 34) B. DEATH BEFORE FINAL JUDGMENT:
Subsidiary liability of cities and GENERAL RULE: The defendant is
municipalities, is imposed so that relieved from both criminal and civil
they will exercise great care in liability arising from criminal
selecting conscientious and duly liability.
qualified policemen and exercise EXCEPTION: In case of libel and
supervision over them in the physical injuries wherein the
performance of their duties. plaintiff initially opted to claim
damages in the criminal proceeding
CIVIL LIABILITY ARISING FROM DELICT can file another case under Article
Every person criminally liable for a 33 of the Civil Code.
felony is also civilly liable. (Article
100 RPC) Effect of Pardon
The reason is because a crime has a Pardon does not erase civil liability.
dual character: as an offense against While pardon removes the existence
the State and against the private of guilt so that in the eyes of the law the
person injured by it. offender is deemed innocent and treated
Dual character of crimes applies to as though he never committed the
cases governed by special laws. offence, it does not operate to remove
Example: violation of the BP 22 all the effects of the previous conviction.
results in criminal and civil liability.
There is civil liability even if the DEFENDANTS IN TORT CASES
offense is a public offense, like in
bigamy. Concurrent Negligence or Acts
Persons liable are the principal, 1. Joint Tort-feasors
accomplice and accessories. All the persons who command,
It includes restitution, reparation of instigate, promote, encourage, advice,
damages and indemnification of countenance, cooperate in, aid, or abet
consequential damages. the commission of a tort, or who approve
The rule on proximate cause in of it after it is done, if done for their
quasi-delict cases is applicable to benefit; they are each liable as a
cases involving civil liability arising principal, to the same extent and in the
from delict. Art. 2202, NCC same manner as if they have performed
the wrongful act themselves.
Circumstances affecting Civil Liability The responsibility of two or more
1. Justifying circumstances persons liable for quasi-delict is solidary
Defendant is free from civil (Article 2194 Civil Code); they are not
liability if justifying circumstances liable pro rata, they are jointly and
are properly establishes. severally liable for the whole amount.
CIVIL LAW COMMITTEE

236
Persons Vicariously Liable: (Article

2. Motor vehicle mishaps 2180 of the Civil Code)
The owner is solidarily liable with
the driver, if the former, who was in the 1. The Father, or in case of death or
vehicle, could have, by the use of due incapacity, mother
diligence, prevented the misfortune.
(Article 2184 Civil Code)
Solidary liability is imposed on the
For damage caused by:
owner not because of his imputed
liability but because his own omission is a) minor children
a concurring proximate cause of the b) living in their company
injury. This has already been modified by
Art. 221 of the Family Code to the extent
Vicarious Liability or Doctrine of that the alternative qualification of the
Imputed Negligence liability of the father and the mother has
A person is not only liable for been removed.
torts committed by himself, but also for
torts committed by others with whom he
has a certain relation or for whom he is
responsible. (Article 2180 Civil Code) NOTES:
Exercise of diligence of a good
father of a family to prevent damage is a
defense. The basis of liability for the acts
or omissions of their minor
children is the parental authority
Doctrine of Respondeat Superior that they exercise over them,
the liability is strictly imputed, the except for children 18 to 21.
employer is liable not because of his act
or omission but because of the act or
The same foreseability test of
negligence should apply to
omission of the employee; employer
parents when they are sought to
cannot escape liability by claiming that
be held liable under Art. 2180,
he exercised due diligence in the
NCC
selection or supervision of the employee.
GENERAL RULE: Vicarious liability in The liability is not limited to
the Philippines is not governed by the parents, the same is also
doctrine of respondeat superior; imposed on those exercising
employers or parents are made liable not substitute and special parental
only because of the negligent or authority, i.e., guardian.
wrongful act of the person for whom The liability is present only both
they are responsible but also because of under Art 2180 of the NCC and
their own negligence: Art 221 of the Family Code if the
1) Liability is imposed on the child is living in his parents
employer because he failed to company.
exercise due diligence in the Parental authority is not the sole
selection or supervision of the basis of liability. A teacher in
employee charge is still liable for the acts
2) Parents are made liable because of their students even if the
they failed to exercise due minor student reaches the age of
diligence majority.
EXCEPTION: Doctrine of respondeat The parents or guardians can still
superior is applicable in: be held liable even if the minor
1) liability of employers under is already emancipated provided
Article 103 of the RPC that he is below 21 years of age.
2) liability of a partnership for the Parents and other persons
tort committed by a partner exercising parental authority can
escape liability by proving that
they observed all the diligence of
CIVIL LAW COMMITTEE

237
a good father of a family to employment, a minor deviation from the

prevent damages. (Art. 2180) assigned task of an employee, however
The burden of proof rests on the does not affect the liability of an
parents and persons exercising employer. (Valenzuela vs. CA, 253 SCRA
parental authority. 303)
It is a defense that the employer
exercised proper diligence in the
2. Guardians selection and supervision of negligent
For damage caused by employee.
a. minors or incapacitated persons
b. under their authority
c. living in their company
5. State
3. Owners and managers of For damage caused by:
establishments a) a special agent
For damage caused by: b) not when the damage has been
caused by the official to whom the
a) their employees task done properly pertains
b) in the service of the branches in Public officers who are guilty of
which they are employed, or tortuous conduct are personally liable for
c) on the occasion of their their actions.
functions
4. Employers 6. Schools, Teachers and

Administrators
For damage caused by:
For damages cause by: a) pupils and students or
apprentices
a) employees and household helpers b) in their custody
b) acting within the scope of their statutory basis:
assigned tasks if student is minor Art. 219, FC
c) even if the employer is not if student is no longer a minor
engaged in any business or Art. 2180, Civil Code
industry
NOTES:
NOTES: Applies also to teachers of

academic institutions.
Liability of the employer can be Liability attaches to the teacher-
established by proving the existence of in-charge.
an employer-employee relationship with The school itself is now solidarily
the actor and the latter caused the liable with the teacher-in-
injury while performing his assigned task charge.
or functions. The liability extends to acts
The vicarious liability attaches only committed even outside the
when the tortuous conduct of the school so long as it is an official
employees relates to or is in the course activity of the school.
of his employment. Whenever the school or teacher
While the employer incurs no liability is being made liable, the parents
when an employees conduct, act or and those exercising substitute
omission is beyond the range of parental authority are not free
CIVIL LAW COMMITTEE

238
from liability because Art. 219 of b. The guest shall have followed the
the Family Code expressly directions which such innkeeper or his
provides that they are representative may have given with
subsidiarily liable. respect to the care and vigilance over
Art. 2180 makes teachers and the goods.
heads liable for acts of students
and apprentices whether the 2. Partnership
latter are minors or not. Partnership or every partner is liable
for torts committed by one of the
partners acting within the scope of the
firm business, though they do not
GENERAL RULE: The teacher-in-charge participate in, ratify, or have knowledge
is liable for the acts of his students. The of such torts.
school and administrators are not liable. Partners are liable as joint tort-
feasors.
EXCEPTION: It is only the head of the Vicarious liability is similar to the
school, not the teacher who is held liable common law rule on respondeat
where the injury is caused in a school of superior.
arts and trade. Liability is entirely imputed and the
The liability of partnership cannot obviously invoke
the teacher subsists whether the diligence in the selection and supervision
school is academic or non- of the partner.
academic.
3. Spouses
Liability is
a. absolute community of property
imposed only if the pupil is
already in the custody of the The absolute community
teacher or head. The student is property shall be for liabilities incurred
in the custody of the school by either spouses by reason of crime or
authorities as longs as he is quasi-delict in case of absence or
under the control and influence insufficiency of the exclusive property of
of the school and within its the debtor-spouse. (Article 94 Family
premises whether the semester Code)
had not yet begun or has already Payments shall be considered
ended. advances to be deducted from the share
The victim of negligence is of the debtor spouse upon liquidation of
likewise required to exercise due the community.
care in avoiding injury to b. conjugal partnership of gains
himself.
GENERAL RULE: Pecuniary indemni-ties
Other Persons Vicariously Liable: imposed upon the husband or wife are
1. Innkeepers and Hotelkeepers not chargeable against the conjugal
partnership but against the separate
They are civilly liable for crimes properties of the wrongdoer.
committed in their establishments in
EXCEPTION: Conjugal partnership
cases of violations of statutes by them,
should be made liable:
in default of persons criminally liable.
1) When the profits have inured to the
(Article 102 Revised Penal Code)
benefit of the partnership, or
They are subsidiarily liable for the 2) If one of the spouses committed the
restitution of goods taken by robbery or tort while performing a business or if the
theft within their houses from guests act was supposed to benefit the
lodging therein, or for payment of the partnership.
value thereof, provided that: c. regime of separation of property
a. The innkeeper was notified in
advance of the deposit of such goods
Each spouse is responsible for
his/her separate obligation.
within the inn; and
CIVIL LAW COMMITTEE

239
C. STRICT LIABILITY
When the person is made liable 3. Liability of employers

independent of fault or negligence upon
submission of proof of certain facts Article 1711 of the NCC imposes an
specified by law. obligation on owners of enterprises and
NOTE: Strict liability tort can be other employers to pay for the death or
committed even if reasonable care was injuries to their employees.
exercised and regardless of the state of Liability is strict because it exists
mind of the actor at that time. even if the cause is purely accidental.
If the mishap was due to the
TYPES:
employees own notorious negligence, or
voluntary act or drunkenness, the
1. Animals employer shall not be liable for
compensation.
GENERAL RULE: The possessor of an When the employees lack of due
animal or whoever may make use of the care contributed to his death or injury,
same is responsible for the damages the compensation shall be equitably
which it may cause although it may reduced.
escape or be lost. If the death or injury is due to the
negligence of a fellow-workman the
EXCEPTION: When the damage was latter and the employer shall be
caused by force majeure or by the solidarily liable for compensation.
person who suffered the damage. If a fellow-workers intentional or
(Article 2183 Civil Code) malicious act is the only cause of the
death or injury, the employer shall not
be answerable unless it should be shown
that the latter did not exercise due
NOTES: diligence in the selection or supervision
of the plaintiffs fellow-worker.
If the acts of a third person cannot
be foreseen or prevented, then the
situation is similar to that of force
majeure and the possessor is not liable. 4. Nuisance
(Francisco, Torts and Damages)
Art. 2183 is applicable whether the Any act, omission, establishment,
animal is domestic, domesticated, or business, condition of property, or
wild. anything else which:
a. Injures or endangers the health or

safety of others;
2. Falling objects b. Annoys or offends the senses;
c. Shocks, defies or disregards decency
The head of a family that lives in a or morality;
building or a part thereof is responsible d. Obstructs or interferes with the free
for damages caused by things thrown or passage of any public highway or street,
falling from the same. (Article 2193 Civil or any body of water; or
Code) e. Hinders or impairs the user of
property. (Article 694 Civil Code)
The term head of the family is not There is strict liability on the part of
limited to the owner of the building, and
the owner or possessor of the property
it may even include the lessee thereof.
where a nuisance is found because he is
(Dingcong vs. Kanaan, 72 Phil 14) obliged to abate the same irrespective of
CIVIL LAW COMMITTEE

240
the presence or absence of fault or Not all expression of opinion are

negligence. actionable misrepresentations if they are
established to be inaccurate.
Every successive owner or possessor
of property who fails or refuses to abate 2. Warranties
a nuisance in that property started by a The Consumer Act recognizes that
former owner or possessor is liable the provisions of the Civil Code on
therefore in the same manner as the one conditions and warranties shall govern all
who created it. (Article 686 Civil Code) contracts of sale with conditions and
warranties.
5. Product liability by manufacturers Retailer shall be subsidiarily liable
Manufacturers and processors of under the warranty in case of failure of
foodstuffs, drinks, toilet articles and both the manufacturer and distributor to
similar goods shall be liable for death or honor the warranty.
injuries caused by any noxious or harmful Privity of contract is not necessary.
substances used, although no contractual
relation exists. (Article 2187 Civil Code) 3. Negligence
In product liability law, certain
Other cases of liability without fault: standards are already imposed by special
1. Proprietor of a building or structure, laws, rules and regulations of proper
for damages resulting from its total or government agencies; certain acts or
partial collapse, if it should be due to omissions are expressly prohibited by the
lack of necessary repairs. . statutes thereby making violation
2. Breach of implied warranties. thereof negligence per se.
3. Consumer Act (R.A. 7394) any
It is negligence per se if
Filipino or foreign manufacturer,
manufacturer manufactured products
producer and importer, independently of
which do not comply with the safety
fault shall be liable for redress for
standards promulgated by appropriate
damages caused to consumers by defects
government agencies.
resulting from:
a. design;
4. Delict
b. manufacture;
c. construction; The liability may be based on
d. assembly and erection; criminal negli-gence under the RPC or
e. formulas and handling and violation of any special law.
making up; or
f. presentation or packing of their 5. Strict liability
products as well as for the Manufacturers and processors of
insufficient or inadequate foodstuffs, drinks, toilet articles, and
information on the use and hazards similar goods, shall be liable for death or
thereof. injuries caused by any noxious or harmful
4. Even when an act or event causing substances used although no contractual
damage to anothers property was not relation exists. (Article 2187 Civil Code)
due to the fault or negligence of the
defendant, the latter shall be liable for Privity of contract is not required.
indemnity if through the act or event he It does not preclude an action based
was benefited. (Art. 23 Civil Code) on negligence (quasi-delict) for the same
act of using noxious or harmful
substances.
PRODUCT AND SERVICE LIABILITY Article 97 and 99 of the Consumer

Act imposes liability on defective
Alternative theories on basis of liability products and services upon
1. Fraud or misrepresentation manufacturers independent of fault.
CIVIL LAW COMMITTEE

241
Knowledge of the manufacturer is 2)The actors employ no means of

not important; the focus is on the fraud or deception which are
condition of the product and not on the regarded as unfair.
conduct of the manufacturer or seller. Extent of Liability:
A. Rule in Daywalt vs. La Corporation
DEFENSES: 39PHIL587
A. The manufacturer, builder, Defendant cannot be held liable
producer, or importer shall not be liable for more than the amount for which
when it evidences: the contracting party who was
1) That it did not place the product induced to break the contract can be
on the market held liable.
2) That although it did place the B. Rule under Article 2201 and 2202
product on the market such product Civil Code
had no defect 1) If in bad faith: defendant is
3) That the consumer of third party liable for all natural and probable
is solely at fault. (Article 97 consequences of his act or omission,
Consumer Act) whether the same is forseen or
B. The supplier of the services shall not unforeseen.
be held liable when it is proven: 2) If in good faith: defandant is
1) That there is no defect in the liable only for consequences that can
service rendered be foreseen.
2) That the consumer of third party
is solely at fault. (Article 99 Consumer 2. Interference with prospective
Act) advantage
It is a tort committed when there is
Requisites: The plaintiff should no contract yet and the defendant is only
allege and prove that: being sued for inducing another not to
1) The product was defective; enter into a contract.
2) The product was manufactured
by the defendant; 3. Unfair competition.
3) The defective product was the Unfair Competition in agricultural,
cause of his injury. commercial, or industrial enterprises, or
4 KINDS OF DEFECTIVE PRODUCTS in labor, through the use of force,
1. manufacturing defect intimidation , deceit, machination or any
2. design defect unjust or oppressive or highhanded
3. presentation defect method shall give rise to a right of action
4. absence of appropriate warning by a person who thereby suffers damage.
(Article 27 Civil Code)
BUSINESS TORTS CASES INCLUDED:
1. Interference of contracts a. passing off and disparagement of
Elements: products
a. existence of a valid contract b. interference
b. knowledge on the part of the third c. misappropriation
person of the existence of the contract d. monopolies and predatory pricing
c. interference of the third person
without legal justification. 4. Securities Related Torts
The existence of a contract is Kinds
necessary and the breach must occur a. Fraudulent Transactions
because of the alleged act of b. Misstatements or Omission of
interference; No action can be statement of a material fact
maintained if the contract is void. required to be stated
Malice is not essential. Defendants are free from liability if
Elements of privilege to interfere they can prove that at the time of the
1)The defendants purpose is a acquisition the plaintiff knew of the
justifiable one, and
CIVIL LAW COMMITTEE

242
untrue statement or if he was aware of Legal Loss, hurt The recom-

the falsity. invasion of or harm pense or
a legal which compensatio
Extent of Damages: Not exceeding right results n awarded
triple the amount of the transaction. from the for the
Prescriptive Period: Action must be injury damage
brought within 2 years after discovery of suffered
facts constituting the cause of action and
within 5 yrs after such cause of action NOTES:
accrued. A complaint for damages is a
personal action. (Baritua vs. CA, 267
II. DAMAGES SCRA 331)
Proof of pecuniary loss is necessary
DAMAGE to successfully recover actual
The detriment, injury or loss which damages from the defendant. No
are occasioned by reason of fault of proof of pecuniary loss is necessary
another in the property or person. in case of moral, nominal,
temperate, liquidated or exemplary
DAMAGES damages.
The pecuniary compensation, The assessment of such damages,
recompense or satisfaction for an injury except liquidated ones, is left to the
sustained or as otherwise expressed, the discretion of the court according to
pecuniary consequences which the law the circumstances of each case.
imposes for the breach of some duty or
violation of some rights. Kinds of damages (MANTLE)
1. Actual or Compensatory
2. Moral
3. Nominal
DAMNUM ABSQUE INJURIA (Damage 4. Temperate or moderate
Without Injury) 5. Liquidated
6. Exemplary or corrective
A person may have suffered physical A. ACTUAL OR COMPENSATORY
hurt or injury, but for as long as no legal
DAMAGES
injury or wrong has been done, there is
no liability. Comprehends not only the value of
the loss suffered but also that of the
profits which the obligee failed to
obtain.
Classification:
There is no liability even if there is 1. Dano emergente loss of what a
damage because there was no injury. person already possesses
2. Lucro cessante failure to
receive as a benefit that would
have pertained to him
There can be damage without injury. NOTE: The latter type includes:
1. Loss or impairment of earning
In order that a plaintiff may maintain capacity in cases of temporary or
an action for the injuries of which he permanent personal injury.
complains, he must establish that such 2. Injury to the plaintiffs business
injuries resulted from a breach of duty standing or commercial credit.
which the defendant owed to the
plaintiff. In crimes and quasi-delict, the
defendant shall be liable for all
Injury Damage Damages damages which are the natural and
probable consequences of the act
and omission complained of. It is not
CIVIL LAW COMMITTEE

243
necessary that such damages have The rate of interest, as well as the
been foreseen or could have accrual thereof is imposed as
reasonably foreseen by the follows:
defendant. (Article 2202 Civil Code) 1. When the obligation is breached
The amount should be that which and it consist of payment of sum
would put plaintiff in the same of money, i.e., a loan or
position as he would have been if he forbearance of money:
had not sustained the wrong for a. The interest due should be
which he is now getting his that which may have been
compensation or reparation. stipulated in writing;
To recover damages, the amount of furthermore, the interest
loss must not only be capable of due shall itself earn legal
proof but must actually be proven. interest from the time it is
Uncertainty as to the precise amount judicially demanded.
is not necessarily fatal. b. In the absence of stipulation,
the rate of interest shall be
LOSS OF EARNING CAPACITY: 12% per annum to be
Variables considered are: computed from default, i.e.,
1. life expectancy from judicial or extra-
2. net income/earnings judicial demand under and
subject to the provisions of
Formula: Article 1169 of the Civil
{2/3 x (80age of death)} x mo. Earnings x 12 Code.
2 2. When the obligation, not
NOTE: constituting a loan or
Life expectancy is computed as forbearance or money, is
follows: breached:
{ 2/3 x (80-age at death) } An interest on the amount of
Net earnings is the total of the damages to be awarded may
earnings less expenses necessary for be imposed at the discretion
the creation of such earnings and of the court at the rate of 6%
less living or other incidental per annum.
expenses. No interest shall be adjudged
on unliquidated claims or
Loss of profits damages, except when or
until demand can be
May be determined by considering established with reasonable
the average profit for the preceding
certainty.
years multiplied by the number of
Where the demand is
years during which the business was
established with reasonable
affected by the wrongful act or
certainty, the interest shall
breach.
begin to run from the time
the claim is made judicially
Attorneys fees
or extrajudicially.
They are actual damages. It is due to 3. When the judgment of the court
the plaintiff and not to the counsel. awarding the sum of money
Plaintiff must allege the basis of his becomes final and executory, the
claim for attorneys fees in the rate of legal interest shall be 12%
complaint; the basis should be one of per annum from such finality
the 11 cases specified in Article 2208 until its satisfaction.
of the Civil Code.
Doctrine of Avoidable Consequences
Interests A party cannot recover damages
Award of interest in the concept of flowing from consequences which the
actual and compensatory damages party could reasonably have avoided.
actual damages.
CIVIL LAW COMMITTEE

244
It has a reasonable corollary: a

person who reasonably attempts to
minimize his damages can recover
the expenses that he incurred.
Doctrine of C. NOMINAL DAMAGES

Contributory Nominal damages are adjudicated in
Avoidable
Negligence order that a right of the plaintiff,
Consequences
Acts of the Plaintiffs act or which has been violated or invaded
plaintiff occur omission occurs by the defendant, may be vindicated
after the act or before or at the or recognized, and not for the
omission of the time of the act or purpose of indemnifying the plaintiff
defendant omission of the for any loss suffered by him.
defendant (Article2221 Civil Code)
Small sums fixed by the court
without regard to the extent of the
B. MORAL DAMAGES harm done to the injured party.
Includes physical suffering, mental Law presumes damage although
anguish, fright, serious anxiety, actual or compensatory damages are
besmirched reputation, wounded not proven.
feelings, moral shock, social They are damages in name only and
humiliation, and similar injury. are allowed simply in recognition of
No proof of pecuniary loss is a technical injury based on a
necessary. violation of a legal right.
GENERAL RULE: The plaintiff must Nominal damages cannot co-exist
allege and prove: with actual or compensatory
1. The factual basis for moral damages.
damages; and
2. Its causal relation to the D. TEMPERATE OR MODERATE
defendants act DAMAGES
EXCEPTION: Moral damages may be These are damages, which are more
awarded to the victim in criminal than nominal but less than
proceedings without the need for compensatory, and may be
pleading of proof of the basis thereof. recovered when the court finds that
some pecuniary loss has been
Requisites for award of moral damages: suffered but its amount cannot be
1. There must be an injury whether proved with certainty. (Article 2224
physical, mental or psychological, Civil Code)
clearly sustained by the claimant; In cases where the resulting injury
2. There must be a culpable act or might be continuing and possible
omission.; future complications directly arising
3. Such act or omission is the proximate from the injury, while certain to
cause of the injury; occur are difficult to predict,
4. The damages is predicated on the temperate damages can and should
cases cited in Art.2219. be awarded on top of actual or
compensatory damages; in such
NOTE: The award of moral damages cases there is no incompatibility
cannot be granted in favor of a between actual and temperate
corporation because, being an artificial damages.
person, it has no feelings, no emotions,
no senses. It cannot therefore E. LIQUIDATED DAMAGES
experience physical suffering and mental Those agreed upon by the parties in
anguish which can be experienced only a contract, to be paid in case of
by one having a nervous system. breach thereof.
CIVIL LAW COMMITTEE

245
F. EXEMPLARY OR CORRECTIVE
DAMAGES
Imposed by way of example or

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

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


Tort and Damages Memory Aid

Caricato da

Informazioni sul documento

Descrizione originale:

Titolo originale

Copyright

Formati disponibili

Condividi questo documento

Condividi o incorpora il documento

Opzioni di condivisione

Hai trovato utile questo documento?

Questo contenuto è inappropriato?

Copyright:

Formati disponibili

Tort and Damages Memory Aid

Caricato da

Copyright:

Formati disponibili

San Beda College of Law Anthony Escasinas

MEMORY AID IN CIVIL LAW

TORTS AND DAMAGES

Classes of Torts: Culpa Contractual Culpa Aquiliana

CIVIL LAW COMMITTEE

MEMORY AID IN CIVIL LAW

employee. 2. Could a prudent man, in the case

CIVIL LAW COMMITTEE

MEMORY AID IN CIVIL LAW

undertake what subsequently and negligence. In the other hand, if the

CIVIL LAW COMMITTEE

MEMORY AID IN CIVIL LAW

GENERAL RULE: Mere intoxication is care required is no longer what a

CIVIL LAW COMMITTEE

MEMORY AID IN CIVIL LAW

PROOF OF NEGLIGENCE The thing or transaction speaks for

A. Presumptions of Negligence Requisites of Res Ipsa Loquitor:

CIVIL LAW COMMITTEE

MEMORY AID IN CIVIL LAW

as a crime against security (Article 275

CIVIL LAW COMMITTEE

MEMORY AID IN CIVIL LAW

Liability of Proprietors of buildings 5. Common carriers

CIVIL LAW COMMITTEE

MEMORY AID IN CIVIL LAW

Physicians are not warrantors of treatment of the patient. (Ramos vs. CA

CIVIL LAW COMMITTEE

MEMORY AID IN CIVIL LAW

The court is free to EXCEPTION: It is merely a partial

2. IMPUTED CONTRIBUTORY 4. ASSUMPTION OF RISK

CIVIL LAW COMMITTEE

MEMORY AID IN CIVIL LAW

A person who, knowing that he decided to proceed to encounter it,

Persons who voluntarily

CIVIL LAW COMMITTEE

MEMORY AID IN CIVIL LAW

Proximate Cause NOTE: Primary cause remains the

CIVIL LAW COMMITTEE

MEMORY AID IN CIVIL LAW

immediately produced or preceded the

CIVIL LAW COMMITTEE

MEMORY AID IN CIVIL LAW

There is NO efficient intervening Plaintiffs negligence is not merely

CIVIL LAW COMMITTEE

MEMORY AID IN CIVIL LAW

The historical function of the They are found in Chapter 2 of the

B. INTENTIONAL TORTS 3. Acts contra bonus mores (Article 21

CIVIL LAW COMMITTEE

MEMORY AID IN CIVIL LAW

b. The act is contrary to morals, power or abuse of confidence in

a. Breach of promise to marry

GENERAL RULE: Breach of promise to

EXCEPTION: In cases where there is Defendant is liable for all forms of

1. Cases where there was financial

e. Trespass and Deprivation of

Sexual intercourse is not by itself a

Liability for damages under the

CIVIL LAW COMMITTEE

MEMORY AID IN CIVIL LAW

compel the builder or planter to Husband of a woman who voluntarily

In the field of tort, trespass

CIVIL LAW COMMITTEE