TORTS &

DAMAGES
Atty. Vivencio F. Abao

Overview
TORTS
(Cause)

DAMAGES
(Effects)

1. Quasi Delict negligence

(culpa aquiliana)

1. Actual Damages
(pecuniary loss actually suffered)

2. Torts in Human Relations intentional

acts
(culpa aquiliana)

2. Moral Damages
(pain, anxiety, humiliation, etc.)

3. Breach of Contract existence of

contract
(culpa contractual)
4. Crime penal statute
(culpa criminal)

3. Nominal Damages
(vindication of right violated)
4. Temperate Damages
(damage proven but amount not
shown)
5. Liquidated Damages
(agreed upon in contract)
6. Exemplary Damages
(as an example for the public good)

Part 1: TORTS
I. Quasi Delict: Negligence

Part 1: TORTS
1. Quasi Delict: Negligence
EQ. Jun Arce travelled from Baguio to Manila on board a Victory
Liner bus. He got off at the terminal, and was just about to walk
out of the gates when suddenly there was a gunshot and he was
hit in the back. It came from an Alpha security guard on duty
who gave no explanation why his shotgun fired.
Arce was
rushed to the hospital where the very next day a representative
of the insurance company of Alpha Security went and
convinced the sedated Arce to sign a waiver. After his release
from the hospital, Arce filed an action for damages against the
bus company, the guard, and the agency. (a) Victory Liner
denied liability on the ground that Arce was no longer its
passenger when shot and the guard was not its employee; (b)
The security guard contended that there is no presumption of
negligence on his part because the shotgun was indispensable
to his job; (c) Alpha Security argued that Arce had waived and
renounced his claim against the defendants. Are their defences
correct, and why or why not?

Part 1: TORTS
1. Quasi Delict: Negligence
EQ. A class suit for damages was filed against a
manufacturer of several brands of cigarettes. The
plaintiffs, who had been heavy smokers of the said
cigarettes, were now suffering lung and throat
cancer as a result thereof. They claimed that the
cigarettes were dangerous and hazardous products.
However, the manufacturer raised several defenses,
among them the doctrine of assumption of risk. It
argued that the label of its cigarettes had the
printed warning Smoking is dangerous to your
health, and therefore the plaintiffs had assumed
the risk connected with smoking. Is such defense
applicable and meritorious?

Part 1: TORTS
2. Vicarious / Primary /
Solidary Liability

Part 1: TORTS
2. Vicarious / Primary / Solidary Liability
JUR. A woman of forty went into a coma after an anesthetic accident
temporarily deprived the flow of oxygen to her brain. A medical
negligence/malpractice case was filed against the surgeon,
anesthesiologist, and the hospital. The latter raised the defense that
the physicians were independent contractors, that the surgeon
ultimately has sole control over the means and methods of the work
to be accomplished, and that pursuant to the Captain of the Ship
doctrine he is responsible for everyones negligence in the operating
room.
The hospital was found solidarily liable for damages on the ground of
employer-employee relationship. It exercises significant control in the
hiring of specialists (consultant) physicians for the privilege of
maintaining a clinic and/or admitting patients in the hospital.
It
terminates those who fall short of the minimum acceptable standards.
All these fulfill the important hallmarks of an employer-employee
relationship, with the exception of the payment of wages. Should the
hospitals liability be vicarious instead of solidary? What is the hospitals
defense?

Part 1: TORTS
2. Vicarious / Primary / Solidary Liability
EQ. Rivero a law student, and Montano, a commerce
student, were studying at the same school. They were
courting the same girl and intensely disliked each
other. One day, during a break in their respective
classes, they bumped in the school corridor and
started insulting each other.
Suddenly, Montano
stabbed Rivero. (a) Under what conditions can the
mother of Montano be held liable for damages due
to the injury caused by her son? (b) Can the teacher
of Montano be held responsible? (c) Supposing
Montano was a working student and employed at
the schools register office, can the school be held
liable?

Part 1: TORTS
3. Special Torts (Human
Relations)

Part 1: TORTS
3. Special Torts (Human Relations)
EQ. The Roces couple and the Ariston couple
had always wanted their children Luis Roces
and Cynthia Ariston, both now 18 years old, to
marry each other. Although he was in love
with another girl, Luis obeyed his parents and
made a promise to Cynthia to marry her. Their
parents proceeded to make all the wedding
preparations. But the day before the wedding,
Luis eloped with the other girl. Cynthia and her
parents filed a damage suit against Luis and his
parents. Are the Roces couple and Luis liable?

Part 1: TORTS
4. Interference in
Contractual Relation

Part 1: TORTS
4. Interference in Contractual Relation

EQ. Aida, an agent of Fil-Estate, was able

to convince Mr. Barredo to buy a unit in the
condominium building of her company.
Leila, an agent of another company,
learned of that transaction and also
offered Mr. Barredo a unit in a different
building. He liked the second unit more,
decided to buy it, and withdraw from the
earlier deal with Aida. Is Leila liable for
interference in contractual relations?

Part 1: TORTS
5. Civil Liability Arising From
Crime

Part 1: TORTS
5. Civil Liability Arising From Crime

EQ. Your client filed a criminal complaint for

reckless imprudence resulting in damage to
property against a bus driver. The latter
was convicted but did not pay the civil
a w a rd f o r d a m a g e s a m o u n t i n g t o
P100,000.00 because he was insolvent and/
or could no longer be located.
What
pleading will you file in the case and what
are you required to prove in support of
such pleading in order that your client can
collect the award for damages.

Part 2: DAMAGES
1. Actual Damages

Part 2: DAMAGES
1. Actual Damages
EQ. Roy was a 35 year-old company executive earning
P400,000.00 a year while his wife Rose is a businesswoman with
a monthly income of P30,000.00 One night, they were on their
way home when a carload of 3 armed men blocked their car.
The armed men robbed the couple of their jewelries costing
P300,000.00 and took their car worth P500,000.00.
Before
escaping, one of them raped Rose in the presence of Roy
whom they beat up. The couple were brought by some
passerby to the hospital where Roy later expired, while Rose
was incapacitated for 2 months.
Hospital and funeral
expenses cost P100,000.00 and P80,000.00. Sometime after,
the armed men were arrested and charged. As the private
prosecutor for Rose, what actual damages, including the
amounts, will you ask the court to award to her? (Formula for
loss of earning capacity: 2/3[80-age at death] x net income
personal expense.)

Part 2: DAMAGES
1. Actual Damages

RULE. The Monetary Board in its Resolution

No. 796 dated May 16, 2013 approved the
following revisions governing the rate of
interest in the absence of stipulation in loan
contracts, thus: The rate of interest for the
loan or forbearance of any money, goods
or credits and the rate allowed in
judgments, in the absence of an express
contract as to such rate of interest, shall be
six percent (6%) per annum.

Part 2: DAMAGES
2. Moral Damages

Part 2: DAMAGES
2. Moral Damages

EQ. Jose was a passenger in a public

bus which was bumped from behind by
a truck. Due to the impact, the bus hit a
parked van. Jose was injured and filed
a complaint for breach of contract of
carriage against the bus company, and
the latter filed a third-party complaint
against the truck owner. May Jose be
awarded moral damages?

Part 2: DAMAGES
3. Nominal Damages

Part 2: DAMAGES
3. Nominal Damages

EQ. The Cruz family were out of their

house one evening, and only their
maids were there.
Policemen,
without any search warrant, barged
inside and ransacked some rooms.
When they left, nothing was lost or
missing from the house. Will there be
any liability on the part of the
policemen?

Part 2: DAMAGES
4. Temperate Damages

Part 2: DAMAGES
4. Temperate Damages

JUR. In one case, the father of the victim

claimed actual damages for burial expenses
and testified thereon. However, he failed to
present receipts to substantiate his claim.
The court granted temperate damages in
the amount of P10,000. In another case, the
widow of the victim claimed actual
damages, which included funeral expenses
amounting to P30,000.
But she merely
submitted a statement of expenses she had
prepared herself.
The court granted her
temperate damages instead.

Part 2: DAMAGES
5. Liquidated Damages

Part 2: DAMAGES
5. Liquidated Damages

JUR. If the contract, which contains a

provision on liquidated damages, is void, no
liquidated damages may be awarded in
case of breach thereof.
The principal
obligation is void, and hence, the provision
on liquidated damages is non-existent. The
nullity of the principal obligation carried with
it the nullity of the accessory obligation of
liquidated damages. The injured party may
only recover through other sources of
obligations such as a law or a quasi-contract.

Part 2: DAMAGES
6. Exemplary Damages

Part 2: DAMAGES
6. Exemplary Damages

RULE. In crime, exemplary damages

may be imposed when there was one or
more aggravating circumstances.
In
quasi-delict, it may be granted if the
defendant acted with gross negligence.
In contract and quasi-contract, the
defendant acted in a wanton,
fraudulent, reckless, oppressive, or
malevolent manner.

Part 2: DAMAGES
7. Attorneys Fees

Part 2: DAMAGES
7. Attorneys Fees

EQ.
A trial judge rendered a
decision in favor of the plaintiff
awarding, among others, the sum
of P50,000.00 as attorneys fees.
The body of the decision did not
state the reason or ground for the
award of attorneys fees. Is such
award valid or not, and why?

Part 2: DAMAGES
7. Attorneys Fees
EQ. The trial court in its decision granted
attorneys fee of 10% on the land in litigation.
The decision was appealed by the losing party.
Then the court granted the motion of the
winning party to annotate the attorneys lien.
The court was wrong. Firstly, it had already lost
jurisdiction because of the appeal, and the
annotation granted was equivalent to the
execution the part of the appealed decision
granting the attorneys lien.
Secondly,
attorneys lien does not extend to land subject
of litigation and is invalid.