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1. COMMON LAW 1. Provide peaceful means for adjusting the rights of parties who might
- All wrongful acts. Whether with intent or not or with the absence of due otherwise take the law into their own hands.
diligence. 2. It will deter wrongful conduct: you will be more careful because every
2. CIVIL LAW wrongful act you do; there is a commensurate amount of damage.
- Article 2176: any act or omission which is done with negligence. 3. Encourage socially responsible behaviour: you think not about yourself but
also of others.
HISTORY 4. To restore injured parties to their original condition: only insofar as the law
can provide.
A. PHILIPPINE INDEPENDENCE 5. To reduce the risk or burden in the society.
- We are given the freedom to enact our own laws.
- We have the civil code commission who enacted our NCC.
- With the enactment of RPC, which punishes of intentional crimes: we had
TORTS LECTURE 2
amended of NCC.
JANUARY 19, 2018
KINDS OF TORT LIABILITIES:
INTEREST BEING PROTECTED BY TORT LAW
a. Intentional torts
- Acts or omission where the actor DESIRES to cause damage.
1. Physical Integrity
- Desire the consequences of the action.
- E.g alternative compensation scheme: workmen compensation act
- In the NCC there are specific acts that are covered which are not covered in
- If you incur any disability which are work related, insurance fund will
the RPC.
compensate to bring back your physical integrity.
Example: oral defamation; interfere with someone’s affair.
2. Dignity and Reputation
- Under moral damages.
b. Negligence
3. Personal freedom
- Voluntary acts or omissions.
- Reduce the risk and burden in living in the society.
- Not intent to cause damage but the failure to exercise due diligence required
4. Enjoyment of property
by law.
- Nuisance
c. Strict liability
5. Commercial interest
- Actions or omissions independent of intent or negligence BECAUSE THE
- By virtue of e-commerce
LAW SAYS SO.
- Billings in the internet
- RPC: “malum prohibitum”.
- Electronic contracts.
SOURCES OF PHILIPPINE TORT LAW
FUNDAMENTAL PRINCIPLES OF TORT LAW
1. NCC (2176; 1157 quasi delict)
a. Equity and Justice - Requirements of locus standi: who stands to be injured because of a tortious
2 LEVELS OF JUSTICE conduct.
1. Social level/ distributive justice: something to do with the society as - May be a natural or artificial person.
a deterrence to future. - NOTE: ARTICLE 40 AND 41 for an unborn child.{not entitled to damages,
e.g exemplary damages. birth determines personality}.
REMEDIES
FEBRUARY 2, 2018
1. ARTICLE 2184
- In motor vehicles mishap. Second sentence “it is disputably presumed
FEBRUARY 9, 2018 that a diver was negligent if he had been found guilty of reckless
driving or traffic violations, is TWICE for the preceding 2months ”
- Dalawang magkasunod the violation. Hence presumed negligent.
(CASE OF LAYUGAN)
“changing of tire of the truck; early warning devise they put a kerosene lamp 4
meters away. A truck approaching saw already the lamp, but did not stop. So
the plaintiff’s leg was amputated.”
RULING:
(CASE OF RAMOS)
RULING:
(CASE OF MAKALINAW)