Professional Documents
Culture Documents
(12/3/14)
Chapter 15
Business Torts
Art. 1314. Any third person who induces another to violate his contract shall be liable for damages to the
other contracting party.
Interference with contractual relations Lagon vs. CA, G.R. No. 119107, March 18, 2005; brief
discussion of Lumley vs. Gye and Gilchrist vs. Cuddy
Tayag vs. Lacson, G.R. No. 134971, March 25, 2004
Philip Yu vs. CA, G.R. No. 86683, January 21, 1993
Legal justification
if the defendant acts to promote the interest of others or himself
and if the interest which he seeks to advance is superior to the interest invaded in social importance.
Daywalt vs. La Corporatcion de los Padres Agustinos, 39 Phil 587
So Ping Bun vs. CA, G.R. 120554, Sept. 21, 1999
not legal justification
Extent of liability Allan C. Go vs. Cordero, G.R. No. 164703 and 164704, May 4, 2010
Unfair competition
Art. 186. Monopolies and combinations in restraint of trade. The penalty of prision correccional in its
minimum period or a fine ranging from 200 to 6,000 pesos, or both, shall be imposed upon:
1. Any person who shall enter into any contract or agreement or shall take part in any
conspiracy or combination in the form of a trust or otherwise, in restraint of trade or commerce or
to prevent by artificial means free competition in the market; 2. Any person who shall
monopolize any merchandise or object of trade or commerce, or shall combine with any other
person or persons to monopolize and merchandise or object in order to alter the price thereof by
spreading false rumors or making use of any other article to restrain free competition in the
market; 3. Any person who, being a manufacturer, producer, or processor of any merchandise
or object of commerce or an importer of any merchandise or object of commerce from any
foreign country, either as principal or agent, wholesaler or retailer, shall combine, conspire or
agree in any manner with any person likewise engaged in the manufacture, production,
processing, assembling or importation of such merchandise or object of commerce or with any
other persons not so similarly engaged for the purpose of making transactions prejudicial to
lawful commerce, or of increasing the market price in any part of the Philippines, of any such
merchandise or object of commerce manufactured, produced, processed, assembled in or
imported into the Philippines, or of any article in the manufacture of which such manufactured,
produced, or imported merchandise or object of commerce is used.
If the offense mentioned in this article affects any food substance, motor fuel or lubricants, or other
articles of prime necessity, the penalty shall be that of prision mayor in its maximum and medium periods
it being sufficient for the imposition thereof that the initial steps have been taken toward carrying out the
purposes of the combination.
Any property possessed under any contract or by any combination mentioned in the preceding
paragraphs, and being the subject thereof, shall be forfeited to the Government of the Philippines.
Whenever any of the offenses described above is committed by a corporation or association, the president
and each one of its agents or representatives in the Philippines in case of a foreign corporation or
association, who shall have knowingly permitted or failed to prevent the commission of such offense,
shall be held liable as principals thereof.
upon such statements shall have purchased or sold a security at a price which was affected by such
statement, for damages caused by such reliance, unless the person sued shall prove that he acted in good
faith and had no knowledge that such statement was false or misleading.
Chapter 16 - Damages
Indemnity proportionate to fault Simona Manzanares vs. Rafael Moreta , G.R. 1230, Oct. 22,
1918
Damnum Absque Injuria there is no liability even if there is damage because there is no injury
Custodio vs. CA, 253 SCRA 483; Farolan vs. Salmac Marketing Corp., G.R. No. 83589, March 13, 1991
Damages Art. 2197 of the Civil Code
Art. 2197. Damages may be:
(1) Actual or compensatory;
(2) Moral;
(3) Nominal;
(4) Temperate or moderate;
(5) Liquidated; or
(6) Exemplary or corrective.
Kinds of actual damages
:
Loss of what a person already possesses dao emgrente
Failure to receive as a benefit what would have pertained to him Lucro cesante PNOC Shipping vs. CA, 297 SCRA 402
Extent of liability Art. 2202 crimes and quasi-delict
Art. 2202. In crimes and quasi-delicts, the defendant shall be liable for all damages which are the natural
and probable consequences of the act or omission complained of. It is not necessary that such damages
have been foreseen or could have reasonably been foreseen by the defendant.
Damages for breach of contract Art. 2201
Art. 2201. In contracts and quasi-contracts, the damages for which the obligor who acted in good faith is
liable shall be those that are the natural and probable consequences of the breach of the obligation, and
which the parties have foreseen or could have reasonably foreseen at the time the obligation was
constituted.
In case of fraud, bad faith, malice or wanton attitude, the obligor shall be responsible for all damages
which may be reasonably attributed to the non-performance of the obligation.
FGU Insurance vs. G. P. Sarmiento Trucking, 435 Phil. 333
Damage to property Optimum Motor Center vs. Tan, G. R. No. 170202, July 14, 2008
Personal injury Gatchalian vs. Delim, 203 SCRA 126