Professional Documents
Culture Documents
2008
PRELIMINARY MATTERS:
*Those in SMALL CAPS (and underlined) were highlighted by Sir
Casis during the class. If none are found, just refer to those in
bold letters and those in the Notes. Good luck classmates!
torts magic notes team
CLASS NOTES
There can be more than one tortfeasor and
they are called JOINT TORTFEASORS
Are you suppose to sue all of them? NO
because you can get relief from one of
them.
Do they have to act in concert? NO
Worcester v. Ocampo
February 27, 1912
FACTS: Dean Worcester filed an action to recover
damages resulting from an alleged libelous publication
against Martin Ocampo, Teodoro M. Kalaw, Lope K.
Santos, Fidel A. Reyes, Faustino Aguilar, et al, as the
owners, directors, writers, editors and administrators of
the daily newspaper El Renacimiento (Spanish
version) and Muling Pagsilang (tagalong version).
Worcester alleged that the defendants have been
maliciously persecuting and attacking him in the
newspapers for a long time and they published an
editorial entitled Birds of Prey with the malicious intent
CLASS NOTES
Sir highlighted that Tort is in its nature a
separate act of each individual so no need
to sue all of the tortfeasors!
Chapman v. Underwood
March 28, 1914
FACTS: J.H. Chapman was trying to board a San
Marcelino car trough the rear platform when he was
struck by Mr. James Underwoords automobile, which
was at that time driven by his chauffer.
Underwoods driver was guilty of negligence
because he was passing an oncoming car upon the
wrong side when he ran over Chapman. Chapman, was
not obliged for his own protection to observe whether a
car was coming upon him from where he was because
according to the law, no automobile or other vehicle
CLASS NOTES
CLASS NOTE
In this section, a person is held liable for
acts not his own but because of the
existence of a relationship.
RA 9344
Juvenile Justice and Welfare Act of 2006
April 23, 2006
Sec. 6. Minimum Age of Criminal responsibility- A
child fifteen (15) years of age or under at the time of the
CLASS NOTE
Basis: parental authority
Are the parents still liable for if above 18 but
below 21? Yes. Legal basis: PD 603
12180 now: The obligation imposed by Article 2176 is demandable not only for one's own acts or
DISSENT: Reyes
He wants TC affirmed (relieving Delfin of liability): There
is no sound reason for limiting Art. 1903 to teachers of
arts and trades and not to academic institutions.
The phrase teachers or heads of establishments of
arts and trades does not qualify teachers but only
heads of establishments.
omissions, but also for those of persons for whom one is responsible.
The father and, in case of his death or incapacity, the mother, are responsible for the damages
RULES:
Majority:
Liability of teachers or directors are limited to
institutions of arts and trades.
Dissent:
CLASS NOTE
In this case, the liability of father was
deemed to be subsidiary.
Fuellas v. Cadano
October 31, 1961
FACTS: Pepito Cadano and Rico Fuellas, both 13,
were classmates at St. Marys High School. While
Pepito was studying, Rico took a classmates pencil
and put it in Pepitos pocket. When the classmate
asked Rico for the pencil, it was Pepito who returned it.
This angered Rico, thus he held Pepito by the neck and
pushed him to the floor. A teacher broke up the fight
and sent them home.
Pepito has just gone down from the school
house when he was met by a still angry Rico. A
classmate asked them to shake hands but instead of
shaking Pepitos extended hand, Rico held him by the
neck, put him off-balance which caused Pepito to land
on his right side, breaking his arm. Rico just got up and
ran away.
Up to the last day of the hearing of the case,
Pepitos forearm was seen to be shorter than his left
and cannot be fully used.
2 separate actions were instituted:
1. Criminal case against Rico for Serious
Physical Injuries
2. Civil case for damages against Agapito
Fuellas, Ricos father.
Criminal case:
TC: Rico guilty. Civil liability to be determined in the
civil case
Civil case:
TC: Agapito liable under 2180 for medicine, MD, ED
and attys fees.
CA: Reduced MD
ISSUE: WON Agapito Fuellas, Ricos father is liable for
damages.
HELD: Yes. Agapito is liable for damages. CA affirmed
1. Agapito contends that he cannot be liable under
2180 in connection with 2176 there being no fault or
negligence but deliberate intent to cause injury.
SC: Jurisprudence proves him wrong.
Araneta v. Arreglado-(the Arreglados-father,
mother and son were held liable for damages) civil
law liability under 2180 is not respondeat superior
but pater familias, which bases the liability of the
father ultimately on his own negligence and not on that
of his minor son, and that if an injury is caused by the
fault or negligence of his minor son, the law presumes
that there was negligence on the part of his father.
Exconde v. Capuno-(the father was held solidarily
liable with his son for damages) The civil liability of the
father is a necessary consequence of the parental
authority he exercises. Only defense is proof of
diligence of a good father of the family to prevent the
damage.
Manresa: Children and wards do not have the capacity
to govern themselves so parents and guardians have
the duty to exercise special vigilance. If they fail to
comply with this duty, they should suffer the
consequences of their abandonment or negligence by
repairing the damage caused.
2. Agapito claims that he could only be liable if the
action was based on the subsidiary liability of the
parents under the RPC. And since Rico acted with
discernment, the provisions do not cover the case.
SC: Case law is against him again.
CLASS NOTES
In this case, parental liability was primary.
Gutierrez v. Gutierrez
September 23, 1931
Note: The injured and the accused have the same surname.
Rodriguez-Luna v. IAC
February 28, 1985
FACTS: Roberto Luna, driving a go-kart and Luis dela
Rosa, driving a Toyota collided in the go-kart practice
area in Greenhills. Roberto died. At that time, Luis was
only 13 and had no drivers license. The heirs of
Roberto (will be referred to as the Lunas) sued for
damages.
TC: Jose dela Rosa (father) and Luis dela Rosa are
jointly and severally liable.
Other issues:
1. CAs reduction of life expectancy: SC said go-kart not
dangerous.
Libi v. IAC
2 Art. 2182. If the minor or insane person causing damage has no parents or guardian, the minor
or insane person shall be answerable with his own property in an action against him where a
guardian ad litem shall be appointed. (n)
CLASS NOTES
What is the basis of the doctrine that liability of
parents is primary and not solidary? Why?
o 2 legal bases: 101 RPC and 2182 CC
Why?-provisions provide for such defense
liability of parents is primary
According to the Court, the reliance on Fuellas
v. Cadano was NOT correct because the
liability in fuellas was PRIMARY (syllabus can
be wrong kasi)
Why primary liability? 1. law provides a
defense; 2. property of minor only liable when
parents are insolvent
Tamargo v. CA
June 3, 1992
FACTS: Adelberto Bundoc, 10 years old, shot Jennifer
Tamargo with an air rifle, causing injuries which
resulted in her death. Adelbertos natural parents for
damages. Adelberto was living with his natural parents
at the time of the accident but a petition for his adoption
has already been filed by the Rapisura spouses. This
petition was granted after the shooting of Jennifer.
The Tamargos filed:
1. criminal complaint for homicide through
reckless imprudence but Adelberto was
acquitted and exempted from criminal liability
2.
Action
for
Civil action
for
damages
(father and
son
impleaded)
Salen and
Salbanera
vs. Balce
(son above
15 but
below 18
killed 18 yr
old)
Criminal
case with
civil liability
arising
from it
Fuellas vs.
Cadano
(stole
pencil and
had the
nerve to be
mad by
breaking
classmates
arm!)
Criminal
action vs.
Rico for
Serious
Physical
Injuries
Civil action
vs Agapito
(the father)
only
Who held
liable
TC: only son
liable
SC: Pa and
son jointly
and severally
liable
-not the
school
because not
a school of
arts and
trades
SC: Father
liable
subsidiarily
-child above
15, below 18
SC: Pa liable
Basis for
liability
A1903 (now
2180): FATHER
liable for acts of
MINOR SON
-civil liability is a
necessary
consequence of
parental
authority they
exercise over
their MINOR
children
A101 RPC
incomplete so
resort to A2180
of NCC (apply
Exclusio Unus,
Exclucio
Ulterus)
MINOR son
LIVING in their
company
A2176 an
A2180 (not
based on RPC)
-even if son
caused injuries
with deliberate
intent (and not
merely
negligence)
-note: not
subsidiary liable
Guitierrez
vs.
Guitierrez
(bus
collision,
family
except pa
in the car
driven by
minor)
RodriguezLuna vs.
IAC
(go-cart vs.
Toyota)
Civil action
vs. Manuel
Guitierrez
(the father)
only (+ bus
driver and
owner)
SC: The
father, bus
driver and
owner jointly
and severally
liable
Civil action
vs. pa and
son
Libi vs.
IAC
(Suicide or
homicide?)
Civil action
vs. parents
SC: Pa made
primarily
liable for the
injury caused
by son (son
already of
age, said to
be insolvent
but in
Madrid!)
SC: Libis are
primarily and
directly liable
as mentioned
under Libi vs.
IAC
A2180,
common law,
master and
servant (not
paterfamilias)
ma not liable
even if present
during time of
incident
A2180, strict
law
-dont apply
Elcano v. Hill
where court
allowed only
subsidiary
liability because
it will not serve
ends of justice
Art 221, FC; Art
2180, NCC; Art
101, RPC
Why primarily
liable:
1. If liability of
the parents for
crimes or QDs
of their minor
children is
subsidiary, then
they can neither
invoke nor be
absolved of civil
liability on the
defense that
they acted with
the diligence of
a good father of
a family to
prevent
damages.
2. The liability of
parents for
felonies is
likewise Primary
and not
subsidiary under
A101 of RPC:
minor only liable
if parents are
insolvent (A101
Criminal
complaint
Civil
complaint
vs. Natural
parents of
child
SC: Bundocs
(natural
parents) are
indispensable
parties
-the adopting
parents had
no actual
custody yet
par3)
Art. 2176,
parental
authority
coupled with
presumed
parental
dereliction in
the discharge
of duties
accompanying
such authority,
doctrine of
vicarious
liability as
explained in
CANGCO VS.
MANILA
RAILROAD
*IMPORTANT:
PARENTS MUST
HAVE ACTUAL OR
PHYSICAL
CUSTODY OVER
THE MINOR TO BE
HELD LIABLE
2. Guardians
Family Code
Art. 216. In default of parents or a judicially appointed
guardian, the following person shall exercise substitute
parental authority over the child in the order indicated:
(1)The surviving grandparent, as provided in Art. 2144;
(2) The oldest brother or sister, over twenty-one years
of age, unless unfit or disqualified; and
(3) The child's actual custodian, over twenty-one years
of age, unless unfit or disqualified.
Whenever the appointment or a judicial guardian over
the property of the child becomes necessary, the same
order of preference shall be observed. (349a, 351a,
354a)
4 Art. 214. In case of death, absence or unsuitability of the parents, substitute parental authority
shall be exercised by the surviving grandparent. In case several survive, the one designated by
the court, taking into account the same consideration mentioned in the preceding article, shall
exercise the authority. (355a)
CLASS NOTE
10
11
1.
Mercado v. CA, et al
May 30, 1960
FACTS: Augusto, 9 years old, lent his pitogo to
Benedicto who lent it to Renato. When Augusto tried to
retrieve his pitogo, Manuel Jr, thinking it was
Benedictos, interfered and told Augusto not to get it
from Renato as Renato was better at putting the chain
into the holes of the pitogo. Augusto resented this
remark and aggressively poushed him. A fight ensued
and Augusto wounded Manuel Jr. on the right cheek
with a piece of razor.
The doctor who testified did not declare the amount he
collected as fees and Manuel Jr. was not hospitalized.
TC: dismissed the complaint filed by Manuel Jr. and
his father
CA: Ordered Ciriaco Mercado (the father) to pay for the
medical expenses and MD, but no MD for the parents.
Palisoc v. Brillantes
October 4, 1971
FACTS: Dominador Palisoc, 16 years old and Virgilio
Daffon, of age, were classmates at the Manila Technical
Institute. During recess, while working on a machine,
Daffon made a remark that Palisoc was like a foreman
because he was merely watching them. Irked, Palisoc
bitch-slapped Daffon. In retaliation, Daffon gave Palisoc
6Art. 2219. Moral damages may be recovered in the following and analogous cases:
(2) Quasi-delicts causing physical injuries;
5 The father and, in case of his death or incapacity, the mother, are responsible for the damages
caused by the minor children who live in their company.
7 Although later cases say this is a mere obiter because the issue was won the father had civil
liability
12
Dissent: Makalintal
Wants Mercado sustained. Its unfair to hold teachers
and/or administrative heads responsible for tortuous
acts of their students considering the high number of
enrollment. It would demand responsibility without the
commensurate authority.
Moreover, since the responsibility stems from loco
parentis, then it follows that
1. custody= live in company (like for parents
and guardians) and
2. responsibility limited to minors only (like for
parents and guardians)
Concurring: Reyes
Concurs with majority but dissents with the dissent.
Makalintals interpretation not in accord with the law.
1.
Only the guardians and parents are exempt once
the child reaches majority
2.
The authority and custodial supervision (of the
teachers and heads) over the pupil exists
regardless of the pupils age.
RULE:
1. Mercado doctrine abandoned/overturned
2. Wants to overturn Exconde (to include academic
institutions in the scope of 2180) but has no chance
because MTI is anon-academic institution.
3. Definition of custody= the protective and
supervisory custody that the school and its heads and
teachers exercise over the pupils and students for as
long as they are at attendance in the school, including
recess time. (MEMORIZE)
Amadora v. CA
April 15, 1988
FACTS: Alfredo Amadora, 17 yrs old, was shot by his
classmate Pablito Daffon, 3 days before his high school
graduation, while he was at the auditorium of the
Colegio de San Jose-Recolectos either to finish a
Physics experiment or to submit a Physics report.
Daffon was convicted of homicide thru reckless
imprudence. The Amadoras sued for damages against
the School (Colegio), the dean of boys and, the physics
teacher and Daffon.
TC: defendants are liable for damages
STANDARD ):
CUSTODY IS NOT COTERMINOUS WITH THE SEMESTER. AS LONG AS IT CAN BE
SHOWN THAT THE STUDENT IS IN THE SCHOOL PREMISES IN
PURSUANCE OF A LEGITIMATE STUDENT OBJECTIVE, IN THE
EXERCISE OF A LEGITIMATE STUDENT RIGHT, AND EVEN IN
THE ENJOYMENT OF A LEGITIMATE STUDENT PRIVILEGE,
THE RESPONSIBILITY OF THE SCHOOL AUTHORITIES OVER
THE STUDENT CONTINUES.
8 Referring each to each; referring each phrase or expression to its appropriate object or let each
be put in its proper place, i.e. the words should be taken distributively
9 This disparity no longer exist in view of the increase in enrollment. But thats a task for the
legislature.
13
CLASS NOTE
facts: in Academic school, by student of the
school, after sem ends
A2180 applies to both ACADEMIC and
NONACADEMIC schools
Academic: teacher-in-charge:: Institute of Arts
and Trades: Heads
Custody does not connote INFLUENCE
exerted on the child and the DISCIPLINE
instilled in him as a result of such influence
pupil is not required to be a minor for the
teacher to be liable! (A2180 doesnt require
minority)
Applicability to academic institutions WAS an
issue prior to this casesee Exconde
Despite the broadness of the definition of
custody, NO ONE was held liable in Amadora!
Sarmiento
Par 510 of 2180 may be construed as the basis of
liability of the school as the employer for the failure of
its teachers or heads to perform their mandatory legal
duties as substitute parents.
Melencio-Herrera
Joins Sarmiento in his dissent. School may exculpate
itself by proving diligence of a good father of a family.
QUESTION: Would the school be held liable after the
Family Code?
ANSWER: Yes! School can be held liable under 218,
FC11
CLASS NOTE
facts: by students, w/n school premises,
against ACADEMIC school
A2180 doesnt include Academic schools (this
is the case where the court researcher was not
aware of the ruling in Amadora vs. CA)
Dont sue school based on 2180 (7)
11
Art. 218. The school, its administrators and teachers, or the individual, entity or institution
engaged in child are shall have special parental authority and responsibility over the minor child
while under their supervision, instruction or custody.
Authority and responsibility shall apply to all authorized activities whether
DISSENT:
14
CLASS NOTE
facts: students, teachers and principal
impleaded
Applied Amadora doctrine:
(teacher:ACAD::heads:Establishments of arts
and trade)
Salvos v. IAC
October 5, 1988
FACTS: Jimmy Abon, was a student of the BCF and an
employee of AFP (as an armorer for the BCF-ROTC
unit) with work premises inside the BCF. Abon shot
Napoleon Castro, a commerce student of BCF with an
unlicensed gun from the ROTC armory, at the BCF
parking lot at around 8pm. He was convicted of
Homicide. Napoleons heirs (Castros) sued for
damages impleading Abon, The ROTC Commandant,
B. Salvosa-president and chairman of BCF board, J.
Salvosa-the EVP of BCF, the dean and BCF.
TC: Solidary liability of Abon, B. Salvosa and BCF
Absolved other defendants
IAC: Affirmed but modified award
ISSUE: WON Salvosa and BCF can be held solidarily
liable with Abon for damages under 2180.
Qualifying custody
In line with Palisoc, RECESS IS A TEMPORARY
ADJOURNMENT EMBRACED IN THE CONCEPT OF AT
ATTENDANCE IN THE SCHOOL. IT IS A SITUATION WHERE
THE STUDENT STILL REMAINS WITHIN THE CALL OF HIS
MENTOR AND IS NOT PERMITTED TO LEAVE THE SCHOOL
PREMISES OR THE AREA WITHIN WHICH THE SCHOOL
ACTIVITY IS CONDUCTED. RECESS BY ITS NATURE DOES
NOT INCLUDE DISMISSAL . Plus, the mere fact of being
CLASS NOTE
School: ACAD + Institute of Arts and Trade
15
PSBA vs. CA
February 4, 1992
FACTS: Carlos Bautista was stabbed to death by
outsiders within PSBAs premises. The Bautistas sued
PSBA and its corporate officers for damages. PSBA
and its officers filed a Motion to Dismiss on the ground
that 2180, as per jurisprudence, does not include
academic institutions.
TC: MTD denied
16
The owners and managers of an establishment or enterprise are likewise responsible for
damages caused by their employees in the service of the branches in which the latter are
employed or on the occasion of their functions.
13
Lastly, teachers or heads of establishments of arts and trades shall be liable for damages
caused by their pupils and students or apprentices, so long as they remain in their custody.
14 Art. 349. The following persons shall exercise substitute parental authority:
(2) Teachers and professors;
xxx
(4) Directors of trade establishments, with regard to apprentices;
CLASS NOTE
A2180 applies to schools only if student liable
but if student a victim, BOC
Art. 350. The persons named in the preceding article shall exercise reasonable supervision over
the conduct of the child.
Art. 352. The relations between teacher and pupil, professor and student, are fixed by
government regulations and those of each school or institution. In no case shall corporal
punishment be countenanced. The teacher or professor shall cultivate the best potentialities of
the heart and mind of the pupil or student.
17
CLASS NOTES
A2180 not applicable to nonstudents, to nonemployees
This case should have used the provisions
from the Family Code.
Art. 218. The school, its administrators and teachers, or the individual, entity or institution
engaged in child are shall have special parental authority and responsibility over the minor child
while under their supervision, instruction or custody.
Authority and responsibility shall apply to all authorized activities whether inside or outside the
premises of the school, entity or institution. (349a)
Art. 219. Those given the authority and responsibility under the preceding Article shall be
CLASS NOTE
school liable if Proximate Cause of the injury
is their negligence
special parental authority applies as long as
the activity was approved by an office of the
school
Who liable
principally and solidarily liable for damages caused by the acts or omissions of the
unemancipated minor. The parents, judicial guardians or the persons exercising substitute
parental authority over said minor shall be subsidiarily liable.
The respective liabilities of those referred to in the preceding paragraph shall not apply if it is
All other cases not covered by this and the preceding articles shall be governed by the provisions
proved that they exercised the proper diligence required under the particular circumstances.
For
damages
caused by
FC
A218: school, its
administrators and
teachers, or the
individual, entity or
institution engaged
in child
have special
parental authority
and responsibility
to all authorized
activities whether
inside or outside
the premises of the
school, entity or
institution
Minor child while
under their
supervision,
NCC
A2180, par7:
teachers or heads
of establishments
of arts and trades
*In St. Francis
Case, activity
should be inside
school premises
Liability
instruction or
custody
A219:
unemancipated
minor
Principally and
solidarily liable
schools
Subsidiarily liable
parents, judicial
guardians, persons
exercising
substitute parental
authority
long as they
remain in their
custody
Primarily and
directly
18
qualifies
custody
4.
Owners
Establishments
and
Managers
of
5. Employers
NOTES: JURIS TANTUM (REBUTTABLE PRESUMPTION)
WHY?-coz hard for victim to prove that employer was
not negligent (similar to res ipsa), hence employer
should prove diligences as a defense
WHY OWNER?-deeper prockets
Philtranco v. CA
June 1997
FACTS: A Philtranco bus, driven by Manhilig was being
pushed and jumpstarted along a perpendicular street. It
started suddenly and ran over Acuesta, a biker. The
driver didnt stop, but was forced to by a cop who saw
the accident and boarded the bus.
CLASS NOTE
Employers liable because of paterfamilias
19
4th par
Owners and managers
5th par
Employers, in general,
WON engaged in a
business or industry
Encompasses negligent
acts of employees as long
as they were acting within
the
scope
of
their
assigned tasks
NOTE: Sir says this case has the implication that par 4
is superfluous because par 5 encompasses everything.
ISSUE 2: WON Castilex has the burden of proving that
Abad was not working within the scope of his assigned
tasks
Castilex v. Vasquez
December 1999
17
Art. 2181. Whoever pays for the damage caused by his dependents or employees may
recover from the latter what he has paid or delivered in satisfaction of the claim. (1904)
in
CLASS NOTES
Castilex sold furniture (relevance: on engaged
in a business or industry under A2180, par5)
RESPONDEAT SUPERIOR: CONCLUSIVE
FAULT/NEGLIGENCE OF EMPLOYEE
PATERFAMILIAS : PRESUMPTION JURIS TANTUM
(REBUTTABLE PRESUMPTION)
Whats the rule if we combine 2180 (4) and (5)
as regards the liability of employer for the acts
or omissions of employees? Requisites to hold
the employer liable for torts under 2180:
1. ER-EE relationship
2. Employee must be acting within the scope
of his assigned task
American Jurisprudence: 3 situations (General
Rule: Employer NOT liable; Exception:
Employer LIABLE when he derives special
business benefit)
1. GOING TO AND FROM MEALS
General rule: ER is not liable.
Exception: Benefit to the ER
2. GOING TO AND FROM WORK
General rule: ER not liable
3. OUTSIDE REGULAR WORKING HOURS
Funtecha drove the jeep not for his enjoyment but for
the service of Filamer. The fact that he was not the
school driver is insignificant. Besides, Filamer did not
exercise the diligence of a good father of the family.
Presumptive liability of employer (when employee is
driving a company vehicle) is determined by answering
this Q: WON the servant was at the time of the accident
performing any act in furtherance of his masters
business.
Supervision includes: 1. formulation of suitable rules
and regulations for the guidance of its employers; and
2. the issuance of proper
instructions intended for the protection of the public and
persons with whom the employer has relations through
his employees.
NOTE: Sir thinks this is a dangerous doctrine because
even if the activity is far removed from the
business/institution, the employer may be held liable if it
is in furtherance of the latters interests.
Q: is there an ER-EE relationship between the school
and the student working part-time in the school?
CLASS NOTE
Labor Code provision that there is an ER-EE
relationship is not applicable
NPC v. CA
August 1998
FACTS: A dump truck driven by Ilumba and owned by
NPC collided with a Toyota Tamaraw, resulting in the
death of 3 persons in the Tamaraw and injuries to 17
passengers. PHESCO supplied Ilumba as a driver to
NPC. NPC and PHESCO are pointing fingers, each
claiming Ilumba is the employee of the other.
ISSUE: Who is the employer of Ilumba, and therefore,
liable with him
HELD: NPC. PHESCO is a labor-only contractor
because it does not carry on an independent business
and does not have substantial capital. It is merely an
agent of NPC. The Civil Code and NOT the Labor Code
applies to determine NPCs liability because the action
here is based on the recovery of damages as a result of
QD. The Labor Code applies only to liability caused by
non-compliance with substantive labor standards on
working conditions, etc.
Requisites to hold the employer liable for torts
under 2180:
1. there must exist an ER-EE relationship
2.
employee must be acting within the
scope of his assigned task
NOTE: In Filamer, Labor Code provisions do not apply
even n the determination of an employer-employee
relationship. Sir says there is a policy considerations.
The Court tries to utilize doctrine to support their cause.
CLASS NOTES
par4 and 5 of 2180, NCC applies! LC not
strictly applied, just used to determine the
existence of EER
LRT v. Navidad
February 2003
20
McKee v. IAC
July 1992
CLASS NOTES
presumption that they are negligent flows from
the negligence of their employee
liability: primary, direct and solidary
Valenzuela v. CA
February 1996
FACTS: Valenzuela had a flat tire and had to park her
midnight blue Mitsubishi lancer on the side of the road.
While standing on the left rear side of the car, watching
someone changed her tire, she was bumped by Li
(allegedly drunk). The car of the latter was registered to
Alexander Commercial. She had lost her left leg (only
some skin and muscle connected to the rest of her
body) and had to be fitted with a prosthetic leg.
ISSUE: WON Alexander was liable
HELD: YES. The relationship between Li and Alexander
is Pater familias not Respondeat superior,, in which the
ultimate liability falls upon the employer. In this case,
the Court averred the privilege of using a company car
serves 2 purposes:
1. Image of success
2. Practical and utilitarian reasons (to reach
clients conveniently)
Thus, the use of the car principally serves the business
the private purposes and the goodwill of the company
CLASS NOTES
not liable simply because of company car but
because of bonus pater familias standard in
A2180 did not prove diligence and under 2nd
instance discussed in Castilex
juris tantum presumption (rebuttable) vs. juris
et jure (conclusive)
cf with Castilex: compare the place where
Abad and Li came from along with the nature
of Lis job which required him to have a car.
This case is more of a roving commision
Valenzuela case says that A2180 was modified
by FC.
take note of discussion on practice of
companies in issuing company cars
6. State
-not liable for acts of its officers, agents and employees
(unless special agent; and except when state acts as a
juridical person capable of acquiring rights and
contracting obligations)
CLASS NOTE
Very useful provision in our day and age
Merritt v. Government
March 1916
FACTS: Plaintiff Merritt suffered severe injuries as his
motorcycle collided with a PGH ambulance due to the
negligence of the latters vehicles driver. The
Government passed an Act authorizing Merritt to sue
the Government.
ISSUE: WON the State is liable for damages
21
CLASS NOTES
This case defined actually defined special
agent (although sir didnt seem to remember):
receives a definite and fixed order or
commission, foreign to the exercise of duties
of his office if he is a special officer
So in this case the chauffeur still was acting
within his duty as a driver when he hit Merritt
Merritt was one of the best constructors of
wooden buildings at that time!
RULE:
OFFICIALS: comprises all officials and employees of
the government who exercise duties of their respective
public officers
SPECIAL AGENTS: all others who are acting by
commission of the government, whether individual or
juridical bodies.
CLASS NOTE
Differentiated special agent from officials
The case used Merritts definition of special
agent
Perfecto dissented, saying ECA special agent,
as opposed to ordinary government officials
who were also agents
Mendoza v. De Leon
February 1916
FACTS: This is an action for damages against the
individual members of the municipal council of
Villasis,Pangasinan. The council revoked a lease for an
exclusive ferry privilege, which was awarded to
Mendoza and gave it to someone else.
ISSUE: WON the individual members of the council are
liable
HELD: YES. There is no justifiable reason for revoking
the lease awarded to Mendoza. The municipality has 2
functions: governmental and proprietary/corporate. The
award of the lease was a proprietary function. In such a
case, the tortfeasors may be sued in capacities such as
those in private corporations. Respondeat superior
applies.
CLASS NOTES
when state acts in their proprietary function,
they can be suedindividual members of
municipal council can be sued
Does A2180 apply to municipalities? Yes
delegation of powers
Fontanilla v. Maliaman
February 1991
FACTS: National Irrigation Administration was created
for the purpose of constructing, improving, rehabilitating
and administering all national irrigation systems of the
Philippines. NIAs driver caused the death of Fontanilla
due to the fault and/or negligence. His parets fled a suit
for damages.
ISSUE: WON NIA is liable
HELD: YES. NIAs functions are basically proprietary
and incidentally governmental. RA 3601 and PD 552
provide that NIA is a body corporate invested with a
corporate personality and distinct from the government.
So, it may be sued. At the time, the driver was an
agent. Where a private individual is commissioned to do
a special task, he may be considered a special agent
within the contemplation of the provision.
CLASS NOTES
added special agent: aside from special
commission, COMMISSION HAS TO BE FOREIGN
FROM ITS FUNCTIONS (but this was already in
the definition given in Merritt so ewan ko kay
sir kung ano bago dito!)
22
CLASS NOTES
comment ni sir: charter is supposed to be
more specific since it only applies to city of
manila but civil code is more specific in
determining liability for defective streets
You can argue either way. Court always makes
someone liable. Its all about allocating risks.
C. Others
1. Proprietor of Buildings
Art. 2190. The proprietor of a building or structure is
responsible for the damages resulting from its total or
partial collapse, if it should be due to the lack of
necessary repairs. (1907)
Art. 2191. Proprietors shall also be responsible for
damages caused:
(1) By the explosion of machinery which has not been
taken care of with due diligence, and the inflammation
of explosive substances which have not been kept in a
safe and adequate place;
(2) By excessive smoke, which may be harmful to
persons or property;
CLASS NOTES
2. Employees
CLASS NOTES
A2176 to make fellow employee liable
Sir: take note of 1723 (interesting provision)
Araneta v. Joya
May 1974
FACTS: De Joya, general manager, proposed to Ace
Management to send Taylor to the US for further
studies. De Joya sent Taylor despite the Boards
disapproval. Travel expenses and salaries were paid to
Taylor from company funds (signed by Vicente and Luis
Araneta). Araneta discovered the arrangement and
sued De Joya.
ISSUE: WON De Joya is liable
HELD: YES. Vicente and Luis were informed about
Taylors trip and gave their approval. All threes acts
made them liable for the unauthorized disbursement of
company funds. They were joint tortfeasors and have
solidary liability under Art 2194. Aranetas defense of
good faith falls on its face when he didnt testify to prove
it. He remained passive and even approved the payroll
thrice. The existence of a contract between parties is
not a bar to the commission of a tort by one against the
other and consequent recovery of damages.
CLASS NOTES
3. Engineer/Architect
Art. 1723. The engineer or architect who drew up the
plans and specifications for a building is liable for
damages if within fifteen years from the completion of
the structure, the same should collapse by reason of a
defect in those plans and specifications, or due to the
defects in the ground. The contractor is likewise
responsible for the damages if the edifice falls, within
the same period, on account of defects in the
construction or the use of materials of inferior quality
furnished by him, or due to any violation of the terms of
the contract. If the engineer or architect supervises the
construction, he shall be solidarily liable with the
contractor.
Acceptance of the building, after completion, does not
imply waiver of any of the cause of action by reason of
any defect mentioned in the preceding paragraph.
The action must be brought within ten years following
the collapse of the building. (n)
23
De Leon 455-456
Liability of engineer or architect/contractor for
collapse of building constructed:
1. Liability of engineer or architect.-The
engineer or architect who drew up the plans and
specifications shall be liable for damages, if:
a. The collapse took place within 15 years
from the completion of the structure
b. it took place by reason of a defect in
the plans and specifications, or due to defects in
the ground; and
c. the action for damages is brought
within 10 years following the collapse
2. Liability of contractor.-if
a. the edifice falls within the same period
b. the collapse took place on account of
defects in the construction or the use of materials
of inferior quality furnished by him, or due to any
violation of the terms of the contract; and
c. the action for damages is brought
within 10 years following the collapse
20 Art. 1216. The creditor may proceed against any one of the solidary debtors or some or all of
19 Art. 1207. The concurrence of two or more creditors or of two or more debtors in one and the
same obligation does not imply that each one of the former has a right to demand, or that each
one of the latter is bound to render, entire compliance with the prestation. There is a solidary
liability only when the obligation expressly so states, or when the law or the nature of the
obligation requires solidarity. (1137a)
them simultaneously. The demand made against one of them shall not be an obstacle to those
which may subsequently be directed against the others, so long as the debt has not been fully
collected. (1144a)
21 Art. 1719. Acceptance of the work by the employer relieves the contractor of liability for any
defect in the work, unless:
(1) The defect is hidden and the employer is not, by his special knowledge, expected to
recognize the same; or
(2) The employer expressly reserves his rights against the contractor by reason of the defect. (n)
CLASS NOTES
Art. 32 is the basis for a civil action for violation
of civil liberties.
Special rule: Judges are not covered unless
done in excess of jurisdiction.
Take note: Art. 32 says DIRECTLY or
INDIRECTLY
Private persons may be sued under this!
CONSTITUTIONAL
RIGHTS.
24
(ABSOLUTE
CLASS NOTES
Who can contest? Only the parties whose
rights have been impaired
Why is good faith not a defense? It will be
contrary to purpose of the law.
Subordinate officer not liable illogical
because Court already said that good faith is
not a defense.
Provincial commander NOT LIABLE because
of chain of command Subordinate, just follow
orders but GF not needed
Aberca v. Ver
April 1988
FACTS: Task Force Makabansa, intelligence units of
the AFP, conducted pre-emptive strikes against known
communist-terrorist underground houses. It conducted
raids with defective search warrants where personal
items were confiscated, people were arrested without
warrant and interrogated without proper procedures.
The violations of the plaintiffs rights were geared
towards obtaining evidence to incriminate them. The
defendants filed a motion to dismiss on the ground that
the writ of habeas corpus was suspended and that they
were only performing their official duties.
ISSUE: WON the suspension of the writ of habeas
corpus bars the civil action for damages.
HELD: NO. The suspension does not destroy the right
or cause of action for illegal arrest and other violations
of constitutional rights. What is merely suspended is the
right to seek release through the writ as a speedy
means of obtaining liberty. ART 32 RENDERS THE
DEFENDANTS LIABLE, INCLUDING THEIR SUPERIORS, AS THE
PROVISION INCLUDES NOT ONLY THOSE DIRECTLY BUT ALSO
INDIRECTLY RESPONSIBLE. The invocation of state
CLASS NOTE
May superiors be liable? Yes, because they
are indirectly responsible
Writs effect: suspension immaterial
Respondeat
superior:
liable
because
INDIRECTLY responsible (A32)
MHP Garments v. CA
September 1994
FACTS: MHP was awarded the exclusive franchise to
sell and distribute official uniforms and supplies of the
Boy Scouts of the Philippines. They were informed that
Cruz, Lugatiman and Gonzales were selling BSP
uniforms without authority. They sought the aid of the
Philippine Constabulary. Constabulary men and De
Guzman, representative of MHP, went to the stalls,
seized the goods and caused a commotion, all without
warrant.
ISSUE: WON MHP and De Guzman may be held liable
HELD: YES. The Constitution protects people against
unreasonable searches and seizures. The evidence
presented did not justify the treatment of the
respondents. MHP was indirectly involved. They
instigated the raid which was conducted with the active
participation of De Guzman. The proper method would
have been to report the matter and secure a warrant.
CLASS NOTE
Take note: even private persons who
participate can be held liable under Article 32
25
Marcia v CA
January 27, 1983
FACTS: Victory Liner bus driven by Paje collided with a
jeep driven by Marcia. Marcia died and 2 other were
seriously injured. An info for homicide and double
serious physical injuries through reckless imprudence
was filed against Paje. Heirs of Marcia reserved the
right to file a civil action separately and later did. CA
acquitted Paje stating that the case was a pure
accident. Heirs of Marcia instituted this separate civil
action for damages. Trial court dismissed.
ISSUE: Won the acquittal of the accused serves as a
bar to the civil action for damages
HELD: The charge against Paje was not for homicide
and physical injuries but for reckless imprudence or
criminal negligence resulting in homicide and physical
injuries They are not one of the three crimes mentioned
in Article 33 of the Civil Code and, therefore, no civil
action shall proceed independently of the criminal
prosecution.
CLASS NOTE
Reckless Imprudence is not included in Art. 33
no independent civil action
Article 33 construed strictly
26
CLASS NOTE
Art 33 does not affect in any way the criminal
action.
1. Defamation
MVRS v. Islamic
January 2003
FACTS: An issue of Bulgar wrote an article stating that
Muslims dont eat pigs because they treat them as
Gods. Islamic Dawah Council of the Philippines and
individual Muslims filed a complaint for damages,
alleging the story was a product of sheer ignorance but
with the intent to hurt the feelings, cast insult and
disparage Muslims of the world.
ISSUE: WON MVRS may be held liable
HELD: NO. The libel suit will not prosper because IT DID
NOT IDENTIFY SPECIFICALLY NOR REFER TO ANY
PARTICULAR INDIVIDUALS TO BE THE SUBJECT OF THE
PUBLICATION. They cannot be held liable just because
CLASS NOTES
important: definition of defamation, what is the
relation to libel and slander (big circle):
2. Fraud
Salta v. Veyra
September 1982
FACTS: Salta was an employee of PNB. As a manager,
he indiscriminately granted some loans in a manner
characterized by negligence fraud, manifest partiality
and upon securities not commensurate to the loan. The
criminal case was dismissed, but 2 civil cases were
filed. Salta filed motions to dismiss based on the
acquittal. Judge de Veyra denied one MTD, but Judge
Purisima granted the other. Acquittal was based on
insufficiency of evidence.
CLASS NOTES
fraud here is not simply estafa. Swindling
is just a specie of an offense committed by
means of fraud.
27
CLASS NOTES
violation of a trust receipt is a violation
under Article 33
Since there is FRAUD, can file independent
and distinct civil action based on Article 33
3. Physical Injuries
Capuno v. Pepsi
April 1965
FACTS: A Pepsi delivery truck driven by Elordi collided
with a private car driven by Capuno. Capuno and his
passengers, Buan spouses, died. Elordi was charged
with triple homicide through reckless imprudence. While
the case was pending, the estate and heirs of the Buan
spouses filed a separate complaint for damages against
Pepsi and Elordi. The parties in the latter case
compromised so the case was dismissed. Later,
Capuno heirs filed a similar complaint.
ISSUE: WON the action is barred by the Statute of
Limitations
HELD: YES. THE CASE FOR RECOVERY UNDER QD MUST
BE INSTITUTED WITHIN 4 YEARS FROM THE ACCRUAL OF
THE RIGHT OF ACTION. Contrary to the Capunos
assertion, the prescription period was not interrupted by
the filing of the criminal action inasmuch as they never
waived nor reserved to file the civil action separately.
CLASS NOTE
Corpus v. Paje
July 1969
FACTS: Victory Liner bus driven by Paje collided with a
jeep driven by Marcia. Marcia died and 2 other were
seriously injured. An info for homicide and double
serious physical injuries through reckless imprudence
was filed against Paje. Heirs of Maria reserved the right
to file a civil action separately and later did.
ISSUE: WON the acquittal of Paje in the criminal case
bars the civil action
HELD: YES. The acquittal was based on the ground
that the reckless imprudence or criminal negligence
charged did not exist and the collision was pure
accident. CRIMINAL NEGLIGENCE, THAT IS RECKLESS
IMPRUDENCE, IS NOT ONE OF THE 3 CRIMES MENTIONED IN
ART 33 WHICH AUTHORIZES THE INSTITUTION OF AN
INDEPENDENT CIVIL ACTION.
CLASS NOTES
Madeja v. Caro
December 1983
FACTS: A criminal action was filed against Dr. Japzon
for the death of Madeja after an appendectomy.
Pending the criminal case, his widow filed a civil action
for damages, alleging gross negligence, but this was
dismissed. (reasoned that Instant civil action may be
instituted ONLY AFTER FINAL JUDGMENT in criminal
action)
ISSUE: WON Judge Caro erred in dismissing the civil
action
HELD: YES. Under the Rules of Court and Art 33, a
separate civil action may be instituted. The civil action is
ex-delicto and aimed to allow the offended party to
enforce his rights in a private action. PHYSICAL INJURIES
IS USED IN THE GENERIC SENSE, MEANING BODILY INJURY
NOT THE CRIME IN THE RPC. TO BE LIABLE UNDER ART 33,
THE DAMAGE SHOULD ARISE FROM A CRIME. This case
28
C. Neglect of Duty
CLASS NOTES
29
A. Abuse Of Rights
Art. 19. Every person must, in the exercise of his rights
and in the performance of his duties, act with justice,
give everyone his due, and observe honest and good
faith.
2.
3.
CLASS NOTES
In the context of international law, this case is
actually wrong: If the concept of Lex Loci
delicti commisi would be followed, the place
Globe Mackay v. CA
August 25, 1989
FACTS: Tobias was employed by Globe Mackay as a
purchasing agent. He uncovered certain fraudulent
transactions. However, Hendry, an EVP, accused him
of being a crook and a swindler. Tobias was charged
with estafa. The cases against him were dismissed.
Despite this, Tobias was fired. Hendry then sent a letter
to Tobias potential employer alleging his dishonesty.
Tobias filed an action for damages against Hendry and
Globe.
ISSUE: WON Tobias was entitled to damages. YES
HELD: There is no rigid test to determine when Art.
19 has been violated; this is to be determined upon
the unique circumstances of each case. Upon the
facts of the present case, it is clear that the petitioners
abused the right that they invoke right to dismiss an
employee. Although an employer who suspects an
employee to be dishonest may dismiss the latter, the
employer may not do so in an abusive manner.
RULE: Q of WON the principle of abuse of rights has
been violated resulting in damages under Art. 20 or 21
or other applicable provisions, depends on the
circumstances of each case.
CLASS NOTES
Right to dismiss should not be confused with
the manner in which the right is exercised:
there was name-calling, threats, You Filipinos
cannot be trusted!
30
Albenson v. CA
January 11, 1993
FACTS: Guaranteed issued Albenson a check as
payment for the mild steel plates it ordered. The check
bounced. Albenson found out that the check belonged
to Eugenio Baltao. It filed a complaint for violation of
BP 22 against Eugenio S. Baltao. However, it appears
that the respondent had a namesake, his son Eugenio
Baltao III. The elder Baltao then filed a suit for
damages against Albenson.
ISSUE: WON Albenson was liable for damages. NO
HELD: When a right is exercised in a manner which
does not conform with the norms of Article 19 and
results in damage to another, a LEGAL WRONG is
committed for which the wrongdoer must be held
responsible.
The elements of an abuse of right under Article 19
are:
1. There is a legal right or duty
2.
3.
CLASS NOTE
Amonoy v. Gutierrez
February 15, 2001
FACTS: The lot on which the Gutierrez spouses built
their house was bought by Amonoy in an auction sale.
Amonoy was granted an order for the demolition of the
house. However, a temporary restraining order was
granted enjoining the demolition. The SC then made
the TRO permanent. However, by the time the decision
was rendered, the house was already destroyed. The
Gutierrez spouses then filed a suit for damages.
ISSUE: WON Amonoy was liable for damages. YES
HELD: Even though Amonoys actions were legally
justified at the start, their continuation even after the
TRO was issued amounted to an abuse of his right.
The exercise of a right ends when the right
disappears, and it disappears when it is abused,
especially to the prejudice of others. Amonoys acts
constituted not only an abuse of a right, but an invalid
exercise of a right that was suspended.
CLASS NOTES
Rule: Action which was originally legal can
become illegal if exercised abusively.
The legal principle applied in this case is
damnum absque injuria.
What we have here is an illegal act. There was
no more right for him to abuse! This is not a
case of abuse of right.
A19 presupposes an existing right; What
Amonoy did was contempt of court
Problem: relied upon Testimony solely of
Guitierrez (when it is self-serving)
UE v. Jader
February 17, 2000
FACTS: Jader was a law student at the University of
the East. He failed to take the regular exam for
Practice Court I so he was given an incomplete grade.
He took the removals but he was given a grade of five.
Jader attended the graduation and prepared for the bar.
He later learned of his deficiency. Jader sued UE for
damages. UEs defense was that Jader should have
verified grade!
ISSUE: WON UE was liable for damages. YES
HELD: UE had the contractual obligation to inform
its students as to whether or not all the
requirements for the conferment of a degree have
been met. It also showed bad faith in belatedly
informing Jader of the result of his removals,
particularly when he was already preparing for the bar.
ABSENCE OF GOOD FAITH MUST BE SUFFICIENTLY
ESTABLISHED FOR A SUCCESSFUL PROSECUTION BY THE
AGGRIEVED PARTY IN A SUIT FOR ABUSE OF RIGHT UNDER
ARTICLE 19. Good faith connotes an honest intention to
CLASS NOTES
31
Garciano v. CA
August 10, 1992
FACTS:
Garciano, a teacher at the Immaculate
Concepcion Institute was granted an indefinite leave of
absence to go to Austria. She was later sent a letter
informing that Fr. Wiertzs, the schools founder,
decided to terminate her services (BUT ONLY Board of
Directors has the power to terminate her services). The
Board of Directors reinstated her. The ICI faculty has
reacted acidly her reinstatement. Garciano then filed
a complaint for damages.
ISSUE: WON respondents were liable for damages.
NO
HELD: Whatever loss Garciano may have incurred in
the form of lost earnings was self-inflicted. (Volenti
non fit injuria). Garciano failed to report back in time,
indefinite LOA, refused to sign written employment
contact, did not report for work. Her claim for moral
damages under Art 21 also fails. The provision, being
based on equity, it may only be invoked by
someone who comes to court with clean hands. In
this case, Garciano was also at fault. She did not
comply with the order to return to work.
CLASS NOTE
Respondents did not physically prevent her
from working
Teachers were simply exercising Right to
speech, right to dissent from boards decision
Board ordered her to report to work!
BPI v. CA
FACTS: Atty. Marasigans credit card was denied
at Caf Adriatico after he failed to pay his
outstanding balance. One of his guests had to pay
the bill. He sued BPI for damages claiming that he
had an agreement with BPI and that he sent a
check to BPI to cover the balance and future bills
in exchange for non-suspension of his credit card.
TC: in favor of Marasigan. BPI abused its right to
suspend or cancel the card because it did not
mention to Marasigan that his card will be
suspended despite several communciations.
CA: Affirmed
ISSUE: WON BPI abused its right to suspend the
card.
HELD: No.
1. The terms and conditions of the contract
were clear=automatic suspension for failure to
pay outstanding balance after 30 days from
original bill.
=automatic cancellation after 60 days
2. Marasigan was not able to comply with their
agreement. He issued a postdated check.
Settled doctrine: check is not a substitute for
money.
3. Elements of Art. 19:
1. there is a legal right or duty
2. which is exercised in bad faith
3. for the sole intent of prejudicing or injuring
another
BF (on BPIs part) was not proven. GF presumed.
CLASS NOTE
Violate concept of social solidarity
32
CLASS NOTE
There was no arbitrariness on the part of BPI.
Damnum absque injuria; there was damage
but no injury (Custodio vs. CA)
CLASS NOTE
Art. 21 is the actual catch-all provision
according to Sangco.
1. Elements
Ruiz v. Secretary of National Defense
December 28, 1963
FACTS: A contract was executed between Allied
Technologies and the Republic of the Philippines to
build the Veterans Memorial Hospital. The construction
of the hospital was terminated. Ruiz and Herrera,
together with Panlillo, were the architects of the building
but only Panlillo was recognized. Ruiz and Herrera
citing Article 21, sued to be recognized as the architects
of the hospital.
ISSUE: WON Article 21 was applicable. NO
2. Examples
a.
Breach of Promise to Marry,
Seduction, and Sexual Assault
CLASS NOTES
Who is Agonciila? Unmarried woman of chaste
character
Seduction of Agoncilla- actionable under A 21,
crime if under 18 years old, moral wrong
No seduction if promise came after Agoncilla
became pregnant
Wassmer v. Velez
December 26, 1964
FACTS:
Wassmer and Velez were about to get
married. However, two days before the wedding, Velez
Tanjanco v. CA
December 17, 1966
FACTS: Tanjanco, courted the Santos, both being of
adult age. In consideration of Tanjanco's promise of
marriage, Santos consented to sexual intercourse.
Tanjanco succeeded in having carnal access with
Santos until Dec. 1959. As a result, Santos got
pregnant. To avoid embarrassment, Santos resigned
from her job. Santos then sued Tanjanco for damages.
ISSUE: WON Tanjanco was liable for damages. NO
HELD: To constitute seduction there must in all cases
be some sufficient promise or inducement and the
woman must yield because of the promise or other
inducement. If she consents merely from carnal lust
and the intercourse is from mutual desire, there is no
seduction. In this case, Santos was of age. Also, she
maintained sexual relations with each other for one
year. Such conduct is incompatible with the idea of
seduction.
CLASS NOTES
Issue of deceit: Deceit can come in many
forms and can result in attraction (so there is
no moral seduction.)
33
Baksh v. CA
February 19, 1993
FACTS: Baksh, an Iranian, courted Gonzales. She
accepted his love on the condition that they would get
married. When Baksh visited her home, Gonzales
parents allowed them to sleep together. Baksh then
forced her to live with him. He beat her. Gonzales later
found out that Baksh was already married. Gonzales
sued for damages.
ISSUE: WON Baksh was liable for damages. YES
HELD: If a man's promise to marry is the proximate
cause of the giving of herself unto him in a sexual
congress, proof that he had, in reality, no intention of
marrying her and that the promise was only a ploy to
obtain her consent to the sexual act, could justify the
award of damages pursuant to Article 21. This is not
because of such promise to marry but because of the
fraud and deceit behind it and the willful injury to her
honor and reputation that followed. It is essential that
such injury should have been committed in a
manner contrary to morals, good customs or public
policy. In this case, Gonzales was a victim of moral
seduction.
On Art. 21: designed to expand the concept of torts or
QD in this jurisdiction by granting adequate legal
remedy for the untold number of moral wrongs which is
CLASS NOTES
Judicial notice that the cherished possession
of every single Filipina is her virginity
If the man never intended to marry the woman
BUT STILL promised to marry her, it would be
equivalent to inducement and he would be
liable under A21
Bunag, Jr. v. CA
July 10, 1992
FACTS: Bunag brought Zenaida Cirilo to a motel
where he raped her. He then brought her to his
grandmothers house where they lived together as
husband and wife for 21 days. Bunag and Cirilo then
filed for a marriage license. Bunag then withdrew his
application. Cirilo filed for a complaint for damages for
breach of promise to marry.
ISSUE: WON Bunag was liable for damages. YES
HELD: A breach of promise to marry per se is not
actionable, except where the plaintiff has actually
incurred expenses for the wedding and the necessary
incidents thereof. However, the award of moral
damages is allowed in cases specified in or
analogous to those provided in Article 2219.
Correlatively, under Article 21, any person who
willfully causes loss or injury to another in a
manner that is contrary to morals, good customs,
or public policy shall compensate the latter for
moral damages.
In this case, Bunags actions constitute acts contrary to
morals and good customs.
Constantino v. Mendez
May 14, 1992
FACTS:
Constantino and Mendez met at Tonys
Restaurant, where she was a waitress.
Mendez
professed his love during their first date. Through a
promise of marriage, he succeeded in having sexual
intercourse with Constantino. Mendez then confessed
that he was married. Despite this, they had repeated
sexual contact. Constantino got pregnant. She then
sued for recognition of her unborn child and damages
for breach of promise to marry.
CLASS NOTE
This case is similar to say Tanjanco.
Even if there is deceit but the deceit resulted in
attraction of the woman to the man, then there
will be no more seduction.
CLASS NOTE
CLASS NOTE
Sexual assault = rape
There was a criminal action for rape in this
case
Pe v. Pe
May 30, 1962
FACTS: Alfonso Pe, a married man and a collateral
relative, frequented Lolitas house on the pretext that he
wanted her to teach him how to pray the rosary.
Alfonso and Lolita then fell in love. Lolita's parents
heard about the affair (exchange of notes, trysts in
different barrios) so they refused to let them see each
other. Lolita left the house and disappeared. Lolitas
relatives filed an action for damages.
ISSUE: WON Alfonso was liable for damages. YES
HELD: Alfonso, a married man, seduced Lolita through
trickery to the extent that she fell in love with him.
Alfonso committed an INJURY TO LOLITA'S FAMILY IN A
MANNER CONTRARY TO MORALS , GOOD CUSTOMS AND
PUBLIC POLICY AS CONTEMPLATED IN ARTICLE 21 of the
new Civil Code.
Quimiguing v. Icao
July 31, 1970
34
CLASS NOTE
The lower court presented a more romantic
version of the love story
Both Alfonso and Lolita were of age
b. Malicious Prosecution
CLASS NOTE
Dismissal of the case does not automatically
give rise to a cause of action for malicious
prosecution
If there is probable cause, there is no malice
Drilon v. CA
April 20, 2001
FACTS: A letter complaint sent to Drilon resulted in an
order to investigate several individuals, including
Adaza, for their participation in the failed Dec. 89 coup.
The preliminary investigation stated that there was
probable cause to hold respondents for the crime of
rebellion with murder and frustrated murder. Adaza
filed a complaint for damages against Drilon for
malicious prosecution.
ISSUE: WON Drilon et al was guilty of malicious
prosecution. NO.
HELD: There is no malicious prosecution in this case
because the presence of probable cause signifies the
absence of malice.
*MEMORIZE! MALICIOUS PROSECUTION: AN ACTION FOR
DAMAGES BROUGHT BY ONE AGAINST WHOM A CRIMINAL
PROSECUTION, CIVIL SUIT, OR OTHER LEGAL PROCEEDING
HAS BEEN INSTITUTED MALICIOUSLY AND WITHOUT
PROBABLE CAUSE, AFTER THE TERMINATION OF SUCH
PROSECUTION, SUIT OR OTHER PROCEEDING IN FAVOR OF
THE DEFENDANT THEREIN. THE GIST OF THE ACTION OF
THE PULLING OF LEGAL PROCESS IN FORCE, REGULARLY,
FOR THE MERE PURPOSE OF VEXATION OR INJURY.
35
CLASS NOTES
Reminder: memorize the definition of
malicious prosecution.
There is no malicious prosecution because
none of the three elements were present (not
terminated with an acquittal, Drilon acted with
probable cause as found in PI, no sinister
motive could be imputed).
If there is probable cause, there is no malice.
Take note of the statutory basis of malicious
prosecution.
Hernandez case ruling:
- If doubtful or difficult question of law is
applied the law always accords to public
officials the presumption of good faith
- This is not applicable if the doctrine is clear
enough.
2.
3.
CLASS NOTE
Competent proof of bad faith in filing the suit is
essential.
Cited Manila Gas definition of Malicious
prosecution
Manila Gas v. CA
October 30, 1980
FACTS: Manila Gas installed additional appliances and
gas service connections in Ongsips compound. Since
no gas consumption was registered in the meter, Manila
Gas issued instructions to change the gas meter.
Coronal then went to the compound and changed the
meter without informing Ongsip. Coronal returned in
the afternoon and took pictures. When Ongsip asked
about it, he was told to just go to the office. In the
office, he was told of the existence of a jumper and was
threatened with deportation. A complaint for qualified
theft was filed against Ongsip but it was later dismissed.
Ongsip then filed a complaint for damages
36
CLASS NOTE
CLASS NOTE
c. Public Humiliation
Patricio v. Leviste
April 26, 1989
FACTS: Leviste smashed a beer bottle on the table
causing his hand to bleed. He then approached
Patricio, a Catholic priest, and slapped him. Patricio
filed a complaint for slander by deed which was
dismissed. He then filed for damages.
ISSUE: WON Leviste was liable for damages. YES.
HELD: Article 2219 applies. The act of slapping was
contrary to morals and good customs and caused
Patricio mental anguish, moral shock, wounded feelings
and social humiliation.
On Moral Damages: The fact that no AD or CD was
proven before the TC, does not adversely affect the
petitioners right to recover MD.
MD may be awarded in appropriate cases referred to in
the chapter on human relations of the CC (Arts. 19-36),
without need of proof that the wrongful act complained
of has caused any physical injury upon the
complainant.
THE REASON UNDERLYING THE AWARD OF DAMAGES
UNDER ART. 21, IS TO COMPENSATE THE INJURED PARTY
FOR THE MORAL INJURY CAUSED UPON HIS PERSON. (from
report of the code)
CLASS NOTE
Art 21 applies to even a slap in the face
OF
MD: ESSENTIALLY INDEMNITY OR
REPARATION, BOTH PUNISHMENT OR CORRECTION
NOT INTENDED TO ENRICH A COMPLAINANT AT THE
EXPENSE OF A DEFENDANT; THEY ARE AWARDED ONLY TO
ENABLE THE INJURED PARTY TO OBTAIN MEANS, DIVERSION
OR AMUSEMENTS THAT WILL SERVE TO ALLEVIATE THE
MORAL SUFFERING HE HAS UNDERGONE, BY REASON OF
THE DEFENDANTS CULPABLE ACTION.
IN OTHER WORDS: THE AWARD OF MD IS AIMED AT
RESTORATION WITHIN THE LIMITS OF THE POSSIBLE, OF
THE SPIRITUAL STATUS QUO ANTE, AND IT MUST BE
PROPORTIONATE TO THE SUFFERING INFLICTED.
September 9, 2004
FACTS: Valmonte, a wedding coordinator, was publicly
accused by the brides aunt, Carpio, of stealing her
jewelry. She was searched and questioned by the
guard and the police. Carpio refused to apologize so
Valmonte filed a suit for damages.
ISSUE: WON Valmonte should be awarded damages.
YES
HELD: Carpio willfully caused Valmonte injury in a
manner contrary to morals and good customs.
Although Carpio had the right to know the identity of the
thief, she should not have openly accused Valmonte
without further proof.
Moral damages are awarded whenever the defendants
wrongful act or omission is the proximate cause of the
plaintiffs physical suffering, mental anguish, fright,
serious anxiety, besmirched reputation, wounded
feelings, moral shock, social humiliation, and similar
injury specified or analogous to those provided in Article
2219 of the Civil Code.
To warrant recovery of damages, there must be both a
right of action, for a wrong inflicted by the defendant
and the damage resulting therefrom to the plaintiff.
Wrong without damage, or damage without wrong,
does not constitute a cause of action.
Arts. 20 & 21 provide the legal bedrock for the award of
damages.
MD not awarded to penalize defendant or to enrich
complainant, but to enable the latter to obtain means,
diversions or amusements that will serve to alleviate the
moral suffering he has undergone, by reason of
defendants culpable action.
In any case, award of MD must be proportionate to the
sufferings inflicted.
CLASS NOTE
Manner of attacking without any amount of
proof- contrary to morals and good customs.
37
d. Unjustified Dismissal
Quisaba v. Sta. Inez
August 30, 1974
FACTS: Quisaba, an internal auditor of Sta. Ines, was
ordered by Robert Hyde, the VP, to purchase logs for
the companys plant. Quisaba refused because it
wasnt part of his job. As a result, he was demoted.
Quisaba filed a complaint for damages, termination pay,
and attorneys fees. Sta. Ines said that the NLRC had
jurisdiction.
ISSUE: WON the regular courts had jurisdiction. YES
HELD: Quisabas complaint was grounded not on his
dismissal but rather ON THE MANNER OF HIS DISMISSAL
AND ITS CONSEQUENT EFFECTS. IF THE DISMISSAL WAS
DONE ANTI-SOCIALLY OR OPPRESSIVELY, THEN THE
RESPONDENTS VIOLATED ARTICLE 1701, which prohibits
acts of oppression by either capital or labor against the
other, and Article 21, which makes a person liable for
damages if he willfully causes loss or injury to another
in a manner that is contrary to morals, good customs, or
public policy.
CLASS NOTE
Standard of dismissal laid down in this case:
dismissal was done anti-socially or
oppressively.
Medina v. Castro-Bartolome
September 11, 1982
FACTS: Cosme de Aboitiz, President and CEO of
Pepsi, shouted and cursed at the plaintiffs in front of
their subordinate employees. The petitioners filed a
case of oral defamation against de Aboitiz. It was
dismissed since the jurisdiction of claims was
transferred from the CFI to the Labor Arbiters.
ISSUE: WON the Labor Code applies. NO
HELD: The plaintiffs did not allege any unfair labor
practice. It was an action for damages for tortious
acts allegedly committed by the defendants. Such
B. Unfair Competition
Art. 28. Unfair competition in agricultural or industrial
enterprises or in labor through the use of force,
intimidation, deceit, machination or any other unjust,
oppressive or highhanded method shall give rise to
aright of action by the person who thereby suffers
damage.
CLASS NOTE
Elements:
(1) material or moral loss
(2) public servants refusal or neglect to perform duty
(3) without just cause
Amaro v. Sumaguit
July 31, 1962
FACTS: Jose Amaro was assaulted and shot near the
city government building. The following day, he along
with his father and witnesses, went to the Chief of
Police to seek assistance but were not rendered
assistance. The city attorney was about to file an
information for illegal discharge of firearms against the
assailant. However, the Chief of Police started to harass
the Amaros, coercing them to sign an affidavit absolving
the police officers of any liability. The Amaros then filed
a suit for damages.
CLASS NOTE
Unfair competition: designed to place your
products in a better light.
Should be in the context of giving advantage to
one party (eg. derogatory commercials)
St. Louis v. CA
November 14, 1984
FACTS: St. Louis Realty caused to be published an ad
depicting the Arcadio Family in front of Dr. Aramils
residence, making it appear that the house was owned
by the Arcadios. Aramil protested. Plaintiff stopped
38
CLASS NOTE
This is an action for damages for wrongful
advertisement shows that Art 26 is very
broad.
Concepcion v. CA
January 31, 2000
FACTS: Florence Concepcion, lessor of the Nicolas
spouses, joined Nestor Nicolas business venture by
contributing capital. Rodrigo, Florences brother-in-law,
angrily accosted Nestor at the latters apartment and
accused him of conducting an adulterous relationship
with Florence. As a result, Nestor felt extreme
embarrassment. He could not face his neighbors
anymore. Florence also backed out of the venture, so
that the business declined. Nestors wife started to
doubt his fidelity and even threatened to leave him. The
spouses filed a civil suit against Rodrigo for damages.
ISSUE: WON spouses can recover damages
HELD: Yes. Examples mentioned in Art. 2219 and 26
are not exclusive but are merely examples and do not
CLASS NOTES
Important for the definition of damages
For actual damages, the party making claim
must present best evidence.
39
X. DAMAGES
Custodio v. CA
CLASS NOTE
Damages is not limited to quasi-delicts
(also includes contracts, quasi-contracts
and delicts).
People v. Ballesteros
FACTS: Murder, through gunshot wounds, question amt
of damages awarded
*DAMAGES may be defined as THE PECUNIARY
COMPENSATION, RECOMPENSE, OR SATISFACTION FOR AN
INJURY SUSTAINED, OR AS OTHERWISE EXPRESSED, THE
AWARDED
FOR
THE
CLASS NOTES
Important for the distinction between damage,
injury and damages
Mere fact that plaintiffs suffer damage doesnt
mean that theres right of action
To warrant recovery of damages:
-Legal right on the part of plaintiff
-Injury caused to plaintiff
CLASS NOTES
It is expressly provided for in Art. 2199 that
there should be proof of pecuniary damages
for AD or CD
Take note of what indemnity is included in Art.
2200
Art. 2205 provides for the kinds of AD which
the plaintiff may recover
Algarra v. Sandejas
FACTS: Plaintiff Algarra received personal injuries from
a collision with the defendant Saldejas automobile due
to the negligence of the defendant, who was driving the
car. Plaintiff sold the products of a distillery as a
commission agent and had about twenty regular
customers, who purchased his wares in small
quantities, necessitating regular and frequent deliveries.
Being unable to attend to their wants during their wants
during the two months he was incapacitated due to the
accident, his regular customers turned their trade to
other competing agents.
1. Kinds
PNOC v. CA
FACTS: The M/V Ma. Efigenia XV, owned by
respondent Ma. Efigenia Fishing Corp. collided with the
vessel Petroparcel which at the time was owned by the
Luzon Stevedoring Co. The Board of Marine Inquiry
rendered a decision finding the Petroparcel at fault and
thus the respondent filed an action for damages against
Luzon Stevedoring and the Petroparcels captain.
CLASS NOTES
The basic rule in recovering AD: it is sufficient
that damages are capable of proof in order to
recover (AD)
40
Integrated Packing v. CA
Petitioner Integrated Packing Corporation (IPC) and
respondent Fil-Anchor Paper entered into an
agreement whereby Fil-Anchor bound itself to deliver
3,450 reams of printing paper to IPC, to be paid within
30 to 90 days from delivery. Later, IPC entered into a
contract with the Philippine Appliance Corporation
(Philacor) to print three volumes of Philacor Cultural
Books.
However, IPC encountered problems paying Fil-Anchor
and became heavily indebted to the latter. This led to
Fil-Anchor suspending deliveries of paper to IPC. Thus,
out of the agreed upon 3,450 reams, only 1097 were
delivered., despite demand by IPC for Fil-Anchor to
deliver the balance.
Meanwhile, IPC entered into an additional printing
contract with Philacor. Unfortunately, IPC failed to fully
comply with its contract for the printing of Philacors
books and thus Philacor demanded compensation for
delay and damage suffered.
Because IPC also not able to fully settle its
indebtedness to Fil-Anchor, the latter filed a collection
suit against it. In its counterclaim, IPC alleged that
because Fil-Anchor was only able to deliver 1097
reams of paper it was unable to fulfill its contract with
Philacor and thus failed to realize expected profits.
Indemnification for damages comprehends not only the
loss suffered, that is to say actual damages
(damnum emergens), but also profits which the
obligee failed to obtain (lucrum cessans).
CLASS NOTES
The Court here gave the two kinds CDdano
emergente and lucro cesante
Problem with the evidence presentedmere
estimates
Court disallowed mere estimates because they
are highly speculative and manifestly
hypothetical
CD here was strictly construed
2. Extent
Art. 2201, CC - 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.
Art. 2202, CC - 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.
PNOC v. CA
FACTS: Collision of 2 vessels
Certainty: to enable an injured party to recover AD or
CD, he is required to prove the actual amount of loss
with reasonable degree of certainty premised upon
competent proof and on the best evidence available.
Burden of Proof: on the party who would be defeated if
no evidence would be presented on either side.
Evidence Required: He must establish his evidence by
PREPONDERANCE OF EVIDENCE, which means that
the evidence, as a whole, adduced by one side is
superior to that of the other.
Damages are not presumed: damages cannot be
presumed and courts, in making an award must point
out specific facts that could afford a basis for measuring
whatever CD or AD are borne.
41
3. Certainty
CLASS
NOTES
Art. 2201 lays down the distinction between
good faith and bad faith (in bad faith
whatever damage happens)
Last sentence of Art. 2202 problematicsome
cases use forseeability as an element of QD
Forseeability:
In elements: may be required
In damages: not required
Reasonable certainty required: allege specific
facts, Present best evidence
Quantum of evidence required: preponderance
of evidence
CLASS NOTES
Problem here with preponderance of evidence
is that it became COMPARATIVEall things
being equal, the person who has more pieces
of evidence wins
What should be the basis: admissibility issue
aside: number and quality of evidence
presented and this is what makes it
preponderant
you should also prove your allegations though
not necessarily beyond reasonable doubt
DBP v. CA
Lydia Cuba was the grantee of a fishpond lease
agreement with the government, the rights to which she
assigned to DBP as security for loans the latter
extended to her. After Cuba failed to meet the terms of
payment on the loans, the DBP, without foreclosure
CLASS NOTES
DBPs acquisition of the leasehold rights
wasnt valid
Problem with AD here: Court said AD was
speculative because actual ocular inspection
was done after the filing of the complaint and
that they should have made an inventory
Sir: Just because certain damages were found
out after the filing of the compliant doesnt
make the damages speculative. Besides who
in the provinces makes an inventory of
bangus, etc.
This case shows that you should be ready with
documents
Fuentes, Jr. v. CA
CLASS NOTES
This case demonstrates how important the
quality of your evidence is (i.e. testimony for
damages by someone who is an interested
party is weak)
Talisay-Silay v. Assosiacion
August 15, 1995
FACTS: On the 15th of February, 1966, the Talisay-Silay
Milling Co. (TSMC) and the Talisay-Silay Industrial
Cooperative Association, Inc. (TSICA) instituted an
42
CLASS NOTES
Financias Postradas?
oLost profits
oStandard required by the Court for this:
accounting standards, pricing of Sugar Quota
Administration
When a property is damaged and you claim
AD, PNOC case provides for guidelines on
how to determine value of property (at what
point do you count)
Court here said: value AT TIME OF LOSS. If
this takes into account profits=FMV
Bottom line if FMV-but this can be construed in
a # of ways
Why FMV: Assessed value is lower (thats why
this is being used as basis for tax)
The company in PNOC did differentit took
into account inflation
4. Damage to property
PNOC v. CA
Where goods are destroyed by the wrongful act of the
defendant the plaintiff is entitled to their value at the
time of destruction, that is, normally, the sum of money
which he would have to pay in the market for identical
or essentially similar goods, plus in a proper case
damages for the loss of use during the period before
replacement.
CLASS NOTES
PNOC gives guidance as to how actual
damages are computed:
1. Price (fair market value) at the time of
loss, not what the price is at the time
of the ruling
2. In PNOC, inflation was taken into
account.
3. If fair market value already includes
the possible contracts, then that is the
value to be used.
CLASS NOTES
Art. 2206 provides for earning capacity which
is NOT equal to actual income
Ramos v. CA
December 29, 1999
FACTS: under a coma because of wrongful intubation
TC: 8k per month from time when moved from hospital
to the time of trial (the 8k was an estimate of the
expenses incurred and proven before time of trial)
CA: reversed, Ramos pay for hospital bills
HELD:
43
CLASS NOTES
According to the Court, the standard is the
correct minimum cost of proper care and not
what they actually spent in order not to
prejudice those who are poor
SC is limited to 8k/month because of the
NATURE OF AD: must be proven
Ramos case is important because AC is not
just those up to the time of trial but also those
certain to be suffered
Lesson here: dramatize plight of your client
If opposition: minimize plight of victim
Gatchalian v. Delim
October 21, 1991
FACTS: Reynalda Gatchalian boarded, as a paying
passenger, a minibus owned by the Delim spouses,
respondents in this case. She was allegedly on her way
to confer with the district supervisor of public schools for
a substitute teachers job.
Later, while the bus was running along the highway, a
snapping sound was suddenly heard and shortly
thereafter, the vehicle bumped a cement flower pot on
the side of the road, went off the road, turned turtle and
fell into a ditch.
People v. Mangahas
July 28, 1999
CLASS NOTES
This case is always cited to support that
plastic surgery can be the subject of AD.
Nature of action here: breach of contract of
common carrier
Sir: is there a health risk if you have a scar?
So purely aesthetic?
What was the proof offered for the scar?
Expert testimony: alleged cost of 5-10k
Yet SC granted 15k based on a presumption
that plastic surgery would cost more after
several years (SO AD became speculative
AND NOT PROVEN).
44
CLASS NOTES
45
The trial court found for Dr. Casasola and aside from
awards of actual, moral, and exemplary damages,
ordered PHILAMGEN to pay the plaintiff the amount of
the surety bond equivalent to P120, 000.
CLASS NOTES
The Court cherry-picked! Specifically deleted
an item which was too extravagant.
5. Attorneys Fees
Art. 2208. In the absence of stipulation, attorney's fees
and expenses of litigation, other than judicial costs,
cannot be recovered, except:
(1) When exemplary damages are awarded;
CLASS NOTES
Attorneys fees are in the form of damages
(nasa title on damages)
Also in the form of AD
MEMORIZE THIS ARTICLE!
You cant recover outside the listing of 2008
unless there is a stipulation
AS regards the gen rule and exception, sir said
it can be BOTH
Why may one recover attorneys fees under
those listed? person is forced to protect his
interest and for at least double judicial costs,
the person must have done something really
bad AND be liable for a greater degree
Why ED only? Why not for other damages as
well?
What is the rationale for the enumeration? A
person is free to litigate. (Except 2208)
CLASS NOTES
Attorneys fees referred to by Quirante not the
same as attorneys fees in 2208
7. Interest
Art. 2209. If the obligation consists in the payment of a
sum of money, and the debtor incurs in delay, the
indemnity for damages, there being no stipulation to the
contrary, shall be the payment of the interest agreed
upon, and in the absence of stipulation, the legal
interest, which is six per cent per annum.
Art. 2210. Interest may, in the discretion of the court, be
allowed upon damages awarded for breach of contract.
Art. 2211. In crimes and quasi-delicts, interest as a part
of the damages may, in a proper case, be adjudicated
in the discretion of the court.
Art. 2212. Interest due shall earn legal interest from
the time it is judicially demanded, although the
obligation may be silent upon this point.
Art. 2213. Interest cannot be recovered upon
unliquidated claims or damages, except when the
demand can be established with reasonably certainty.
Crismina Garments v. CA
March 9, 1999
1. Rules on Interest
In Eastern Shipping Lines, Inc. v. Court of Appeals, the
Court gave the following guidelines for the application
of the proper interest rates:
With regard particularly to an award of interest in the
concept of actual and compensatory damages, the rate
of interest, as well as the accrual thereof, is imposed,
as follows:
When the obligation is breached, and it consists in the
payment of a sum of money, i.e., a loan or forbearance
of money, the interest due should be that which may
have been stipulated in writing.
Furthermore, the interest due shall itself earn legal
interest from the time it is judicially demanded. In the
absence of stipulation, the rate of interest shall be 12%
per annum to be computed from default, i.e., from
stipulation; if none:
loan or forbearance-12%
not loan or forbearance-6%
46
CLASS NOTES
12% from CB Circular 416-for loan and
forbearance of money; as opposed to 6%
which was imposed by A2209
Forbearance of money: basically a loan, a
credit but loan has a specific legal definition
under the Civil Code
Memorize rules laid down in Eastern Shipping
Lines, Inc. v. CA
Take note of complications like compounding
of interest
When would interest accrue? From time of
judicial demand
8. Mitigation of Liability
Doctrine of Avoidable Consequences:
-if the plaintiff does not try to reduce damages, he
might not be able to recover
-plaintiff must try to avoid further damage
Art. 2203. The party suffering loss or injury must
exercise the diligence of a good father of a family to
minimize the damages resulting from the act or
omission in question.
Art. 2204. In crimes, the damages to be adjudicated
may be respectively increased or lessened according to
the aggravating or mitigating circumstances.
Art. 2214. In quasi-delicts, the contributory negligence
of the plaintiff shall reduce the damages that he may
recover.
Art. 2215. In contracts, quasi-contracts, and quasidelicts, the court may equitably mitigate the damages
under circumstances other than the case referred to in
the preceding article, as in the following instances:
(1) That the plaintiff himself has contravened the
terms of the contract;
CLASS NOTES
2203 is known as the Doctrine of Avoidable
Consequences which is different from the
Doctrine of Contributory Negligence
DOCTRINE OF AVOIDABLE CONSEQUENCES, the
party has to minimize the damages; in
CONTRIBUTORY NEGLIGENCE, the damages to
be paid would be diminished if you contributed
to the damage incurred!
There is an obligation on the part of the party
suffering to mitigate the loss.
47
B. Moral
1. Concept
Art. 2217. Moral damages include physical suffering,
mental anguish, fright, serious anxiety, besmirched
reputation, wounded feelings, moral shock, social
humiliation, and similar injury. Though incapable of
pecuniary computation, moral damages may be
recovered if they are the proximate result of the
defendant's wrongful act for omission.
CLASS NOTES
Kierulf v. CA
March 13, 1997
CLASS NOTES
Whats the connection of this case with the
Doctrine of Avoidable Consequences?
Both the trial court and the Court of Appeals found for
Legaspi and the Kierulfs.
HE/SHE
HAS
UNDERGONE,
BY
DEFENDANT'S CULPABLE ACTION.
REASON
OF
THE
FOR
THE
48
oppressive
or
malevolent
On Moral Damages:
-MD, though incapable of pecuniary estimation, are
in the category of an award designed to compensate
the claimant at the expense of the defendant.
-awarded to enable the injured party to obtain
means, diversity or amusement that will serve to
alleviate the moral suffering he/she has undergone, by
reason of the defendants culpable action. Its award is
aimed at restoration, as much as possible, of the
spiritual status quo ante; thus it must be proportionate
to the suffering inflicted.
There is no hard and fast rule in determining the
proper amount since each case must be governed by
its own peculiar circumstances.
CLASS NOTES
Rodriguez case-different from what happened
to Lucila (there was nothing wrong with
possible performance. Equipment was not
damaged.)
Sir: what kind of evidence will you present
without embarrassing yourself to prove loss of
consortium?
This case can be used in the futureeven if
reason is only lack of visual stimulation
Another factor to determine amount of moral
damages: social and financial standing (but
wouldnt it be discriminating since you only
award damages to those who are rich?)
Epilogue by ponente: there should be:
Factual basis of mental anguish, etc.
Causal connection between factual basis and
defendants wrongful act or omission
49
CLASS NOTES
CLASS NOTES
Miranda-Ribaya v. Bautista
January 28, 1980
FACTS: Mrs. Niceta Miranda-Ribaya was in the
pawnshop business and in the business of buying and
selling jewelry. Sometime in 1968, she was informed by
one of her agents that a wealthy logger by the name of
50
Del Rosario v. CA
January 29, 1997
FACTS: Impressed by the defendants advertising, the
spouses Del Rosario purchased a quantity of the
defendant Metal Forming Corporations Banawe roofing
shingles for use in their house.
However, during a storm, portions of the roof were
blown away by strong winds which also led to the
interior of the house being damaged as well.
ISSUE: WON the Del Rosario spouses are entitled to
moral damages.
HELD: Yes. It was found that MFC DID IN TRUTH ACT
WITH BAD FAITH, IN FLAGRANT BREACH OF ITS EXPRESS
WARRANTIES MADE TO THE GENERAL PUBLIC AND IN
WANTON DISREGARD OF THE RIGHTS OF THE DEL
ROSARIOS WHO RELIED ON THOSE WARRANTIES, is
51
Raagas v. Traya
February 27, 1968
26, 27, 28, 29, 30, 32, and 34, 35 on the chapter on
human relations (par. 10, Art. 2219).
CLASS NOTES
Whats wrong with Judgment on the pleadings
in the granting of MD? the rule on AC as
regards proving cannot be done with a
judgment on the pleadings
Judgment on the pleadings-primary
submission only (nothing to support)
Enervida v. De La Torre
January 28, 1974
FACTS: Petitioner Roque Enervida filed a complaint
against the defendant-spouses Lauro and Rosa de la
Torre, praying that the deed of sale executed by his
deceased father Ciriaco Enervida over a parcel of land
covered by a homestead patent be declared null and
void for having been executed within the prohibited
period of five years. He further prayed that he be
allowed to repurchase the said parcel for being the
legitimate son and sole heir of his deceased father.
Defendants filed their answer stating, among other
things, that the plaintiff had no cause of action against
them as his father was still alive and it was not true that
CLASS NOTES
Motion for summary judgment (theres no more
controversy if its summary judgment)
Here MD was not awarded not because of
proof but because unfounded suits do not
warrant MD
People v. Bugayong
December 2, 1998
FACTS: Rodelio Bugayong alias Boy was convicted of
raping and committing acts of lasciviousness against
Arlene Cauan, his eleven year old stepdaughter.
CLASS NOTES
For Rape, Seduction, Abduction, Acts of
Lasciviousness and Physical injuries: NO
NEED to prove MD. Damage automatically
comes from being a victim of such crimes and
it is assumed that the victim suffered mentally,
emotionally...
P50k awarded as indemnity ex delicto + P50k
as MD
52
Francisco v. GSIS
March 30, 1963
b.
3.
MENTAL OR PSYCHOLOGICAL
THERE MUST BE A CULPABLE ACT OR OMISSION
FACTUALLY ESTABLISHED
THE WRONGFUL ACT OR OMISSION IS THE
PROXIMATE CAUSE OF THE INJURY
THE AWARD OF DAMAGES IS PREDICATED ON ANY
OF THE CASES STATED IN ART. 2219 (CASIS:
PENDING ISSUE)
4.
5.
a. Unfounded Suits
Unfounded
suits
Malicious
prosecution
53
CLASS NOTES
Court applied same elements for MP and
unfounded suits
Sir: this should not have been the case
because it lumps together the two (2) kinds of
action
The enumeration of the elements was
probably a mistake because malicious
prosecution is not equivalent to unfounded
suits.
54
Cometa v. CA
FACTS: SITI (Cometa: president) extended loans to
GIDC (Guevara: president), which the latter failed to
pay. SITI foreclosed the mortgages and was the
highest bidder in the foreclosure sale. Cometa filed a
falsification case against Guevara which was dismissed
by the prosecutor for lack of probable cause. DOJ
Secretary reversed prosecutors finding but the RTC
eventually dismissed the case.
Guevara filed a
complaint for malicious prosecution against Cometa.
CLASS NOTES
Lesson here as opposed to earlier discussion
to sue as many as you can: dont implead
people without any reason or a suit will also be
filed against you
MP was filed against SITI and Cometa, not
unfounded suit
CLASS NOTES
Moral damages are not just awarded
because of violations of the Labor Code.
The case focused more on how Osdana
was treated when she worked in Saudi
Arabia.
CLASS NOTES
Purpose of requirements: to temper the filing
of suits in order to get damages.
Sue someone who could readily be impleaded
(based on legal basis)
i. Labor Cases
CLASS NOTES
This seems to be in conflict with the Pirame
case.
Cruz presents a possible distinction
between Arcona and Pirame: the manner of
death was taken into account (violent
nature of the death) which Prof. Casis does
not seem to agree with.
55
CLASS NOTES
Seems to consider MD similar to AD
Fule v. CA
FACTS: Fule, a banker/jeweler bartered his 10 ha.
Property for a pair of diamond earrings from Dr. Cruz
under a Deed of Absolute Sale with Atty. Belarmino.
Fule was able to examine the jewelry and accepted
them (he had already examined them before and even
made a sketch). 2 hours later, he complained that the
earrings were fake. He filed a case against Cruz and
Belarmino seeking the nullification of the Deed on the
ground of fraud and deceit. TC & CA dismissed the
NOTES:
Q: why ANALOGOUS TO MP only and not MP?
A: cant be MP coz no prior case that ended or was
qualified as MP
CLASS NOTES
PAL v. CA
FACTS: Pantejo, the City Fiscal of Surigao took a PAL
flight from Manila to Surigao. Due to a typhoon, the
flight to Surigao was cancelled while on a stopover in
Cebu. PAL gave out cash assistance to its stranded
passengers. Pantejo requested that he be billeted at a
hotel at PALs expense because he wasnt carrying
cash, but PAL refused. He had to share a room with
Valenzuela v. CA
FACTS: Lourdes Valenzuela was fixing a flat tire on the
roadside when she was hit by Alexander Li who was
driving a company car. Her left leg was severed & she
had to get a prosthetic leg. Valenzuela filed a case
claiming damages: 1M (moral), 100K (exemplary),
180K (medical expenses + loss of earnings). Li and his
employer were found jointly and severally liable. TC
awarded, but CA reduced moral damages to 500K.
ISSUE: WON the reduction of the award of moral
damages was justified.
HELD: No. Valenzuelas left leg was amputated. The
damage done was permanent and lasting, the artificial
leg would have to be adjusted to the physiologic
changes her body would normally undergo through the
years. The amount of damage which goes with the
SUDDEN SEVERING OF A VITAL PORTION OF THE HUMAN
BODY AND THE RESULTANT ANXIETY, SLEEPLESSNESS,
PSYCHOLOGICAL INJURY AND MENTAL AND PHYSICAL PAIN IS
INESTIMABLE. P1M in moral damages is proper.
CLASS NOTES
Casis Commentary: Valenzuela must have
been really beautiful.
Permanent nature of damage
Sumalpong v. CA
FACTS: Sumalpong shot twice at Ramos, but missed.
They grappled for the gun, and in doing so, he bit
Ramos arm and left ear, mutilating the latter. He was
convicted of attempted homicide and was made to
serve sentence and ordered to indemnify Ramos for
loss of crops, hospitalization expenses and Moral
Damages (5K). CA modified the award of damages,
increasing Moral Damages to 10K.
ISSUE: WON the increase in the amount of Moral
Damages was proper.
HELD: Yes. The CA has in many cases, increased the
damages awarded by the TC, although the offended
party had not appealed from said award. The SC finds
the 10K award of Moral Damages justified under the
circumstances. The nature of the injuries and the
degree of physical suffering endured by Ramos
warrants it. The incident caused the mutilation of
Ramos ear and a permanent scar on his arm. These
injuries have left indelible marks on his body and will
serve as a constant reminder of his traumatic
experience.
DOCTRINE: The amount of moral damages awarded
DEPENDS ON THE NATURE AND EXTENT OF THE PHYSICAL
INJURIES.
56
Producers Bank v. CA
FACTS: The Chuas had substantial savings and current
deposits with the Bacolod Branch of Producers Bank.
They obtained a P2M loan, secured by a real estate
mortgage. The Chuas deposited 960K, but the amount
was not credited to their account because the Branch
Manager absconded with the money of the banks
depositors. The bank dishonored checks drawn out by
the Chuas on the ground of insufficient funds, despite
their having over 1M in savings. The Chuas requested
to see the ledgers of their account, but the bank
refused. They filed an action for damages against the
bank, who in turn filed a petition for extrajudicial
foreclosure of the mortgage.
The Chuas filed a
complaint for injunction and damages.
The TC
awarded them 2M in moral damages. CA reduced it to
500K.
ISSUE: WON the award of moral damages is proper.
HELD: SC reduced moral damages to 300K. The
dishonor of the Chuas checks and the foreclosure
initiated by the bank AFFECTED THE CREDIT STANDING
57
CHUAS, as their
suppliers discontinued credit lines resulting in the
collapse of their businesses. The damage to their
REPUTATION AND SOCIAL STANDING entitles them to moral
damages. The bank caused them serious anxiety,
embarrassment, and humiliation.
CLASS NOTES
Rule on Damages is jurisprudential: amounts
do not change but basis for fixing damages are
changed!
for
the
CLASS NOTES
Cf: Lopez wife shared in prestige of hubby
(goes into the amount of MD)
What about
Strebel and son-in-law?
Sufferering suffered by vicarious relations?
ABS-CBN v. CA
FACTS: ABS and Viva executed a Film Exhibition
Agreement whereby Viva gave ABS an exclusive right
to exhibit some Viva films. ABS was given a right of
first refusal to 24 films. Vivas agent gave ABS (through
Charo Santos) a list of 36 films to choose 24 from.
Santos only liked 10 (including Maging Sino Ka Man)
and did not accept it. According to Lopez of ABS, there
was a napkin agreement for Viva to sell 14 films for
P36M. Vivas agent denied such agreement. Deals with
ABS failed, so then Viva made a deal with RBS granting
the latter the exclusive right to 104 film, including the 14
films in the napkin agreement. RBS made print ads of
the anticipated airing of Maging Sino Ka Man. ABS
filed a complaint for specific performance w/ a prayer
for injunction. Complaint was dismissed and moral
damages were awarded to RBS for having its
reputation debased by the filing of the complaint.
ISSUE: WON the award of damages to RBS was
proper.
HELD: No. The award of moral damages cannot be
granted in favor of a corporation being an artificial
person and having existence only in legal
contemplation, it has no feelings, no emotions, no
senses.
It therefore cannot experience physical
suffering and mental anguish, which can be
experienced only by one having a nervous system.
On Actual Damages:
NAPOCOR v. PHIBROS
58
CLASS NOTES
Code lists all kinds of suffering but MENTAL
ANGUISH should be involved open question
C. Nominal
Art. 2221. Nominal damages are adjudicated in order
that a right of the plaintiff, which has been violated or
invaded by the defendant, may be vindicated or
recognized, and not for the purpose of indemnifying the
plaintiff for any loss suffered by him.
Ventanilla v. Centeno
CLASS NOTES
ND small but ok according to SC because it is
not supposed to account for anything
ND only symbollic
CLASS NOTES
20K award of ND by TC excessive
Penal clause issue: no penal clause because
even if without it Millan still entitled to legal
interest more than 4% p.a. (could be wrong
because SC seemed to equate penal clause
with liquidated damages)
People v. Gopio
FACTS: Gopio raped and molested Princess Millano, a
minor. He was convicted of statutory rape and ordered
to indemnify the victim through damages (actual=
P3727, moral= P30K)
ISSUE: WON the award of damages is proper.
HELD: Actual damages should be deleted as no proof
was presented to show the actual amount of pecuniary
loss. However, Nominal Damages (P2K) should be
awarded in order that the right of the victim, violated by
the accused may be vindicated or recognized. This is
not for the purpose of indemnifying any loss suffered.
*DOCTRINE: WHENEVER THERE HAS BEEN A VIOLATION
OF AN ASCERTAINED LEGAL RIGHT, ALTHOUGH NO ACTUAL
DAMAGES RESULTED OR NONE ARE SHOWN, THE AWARD OF
NOMINAL DAMAGES IS PROPER.
Armovit v. CA
FACTS: Dr. Armovit and his family decided to spend
Christmas in the Philippines and bought 3 round-trip
US-Manila tickets from Northwest Airlines. On the
return trip (Manila-US), they were rudely informed that
they cannot be accommodated because their supposed
flight was already taking off and the time on their tickets
59
D. Temperate
CLASS NOTES
Why ND cant coexist with AD? Sir says that
award of AD already presupposes invasion of
right so awarding ND would lead to double
recovery
Francisco v. Ferrer
FACTS: Rebecca Lo and her daughter Anette Ferrer
ordered a 3-layer wedding cake from Fountainhead
Bakeshop. On the wedding day, at around 6pm, the
cake was not there. They made a follow-up call and
were assured that it was on its way, but was delayed by
traffic. They were later informed that there would be no
cake because the order slip got lost. Ferrer was
compelled to buy a sans rival cake instead. The
wedding cake arrived at 10pm, but they refused to
accept it because it only had 2 layers. Francisco
(owner of Fountainhead) sent a letter of apology and
5K, which was denied for being deemed inadequate.
Ferrer and Lo filed a case against Francisco for breach
CLASS NOTES
Pleno v. CA
FACTS: A red Ford cargo truck hit a blue Volkswagen
kombi driven by Pleno, causing it to hit a cargo truck
parked along the shoulder, hitting its driver who was
CLASS NOTES
People v. Singh
FACTS: Dalvir, et al ganged up on Surinder, killing him.
Dilbag, who was cleaning his motorbike nearby, tried to
stop the attack, but he too was stabbed. The accused
were convicted of murder and frustrated murder. Lower
courts awarded hospitalization and medical expenses,
actual damages, civil indemnity, moral damages,
attorneys fees and compensation for loss of earning
capacity.
ISSUE: WON damages should be awarded.
HELD: Yes, although award for loss of earning capacity
should be deleted. Such AWARDS PARTAKE OF DAMAGES
WHICH MUST BE PROVEN NOT ONLY BY CREDIBLE AND
SATISFACTORY EVIDENCE, BUT ALSO BY UNBIASED PROOF
CLASS NOTES
60
People v. Plazo
FACTS: Edison Plazo boxed and stabbed Romeo
Fabula. Plazo was convicted of murder.
ISSUE: WON temperate damages should be awarded.
HELD: Yes. Temperate damages under Art. 2224 may
be recovered where it has been shown that the victims
family suffered some pecuniary loss but the amount
thereof cannot be proved with certainty. 15K as
temperate damages was awarded.
E. Liquidated
F. Exemplary or Corrective
Art. 2229. Exemplary or corrective damages are
imposed, by way of example or correction for the public
good, in addition to the moral, temperate, liquidated or
compensatory damages.
Art. 2230. In criminal offenses, exemplary damages as
a part of the civil liability may be imposed when the
crime was committed with one or more aggravating
circumstances. Such damages are separate and
distinct from fines and shall be paid to the offended
party.
Art. 2231. In quasi-delicts, exemplary damages may be
granted if the defendant acted with gross negligence.
CLASS NOTES
LD intended as indemnity or penalty
Juris: LD vs. Penal clause
-intent behind LD penalty is deterrent
-LD is measure of damage which does not
matter in penalty
CLASS NOTES
ED and ND:
ED is penalty-like
PNB v. CA
April 2, 1996
FACTS: Tan owned a parcel of land which was
expropriated by the government. He filed a motion w/
the TC requesting that it issue an order for the payment
of P32K as expropriation price. PNB was ordered to
pay Tan the amount. PNB issued and delivered a
managers check to Sonia Gonzaga who had a Special
Power of Attorny supposedly executed by Tan in her
favor. Gonzaga took the money for herself. Tan
demanded payment which was refused by PNB, having
already paid the amount to Tans agent. Tan file a
motion with the court requiring PNB to pay. TC: ruled in
favor of Tan and ordered PNB to pay the amount and
exemplary damages. CA: affirmed, but deleted the
award of exemplary damages.
ISSUE: WON exemplary damages should be awarded
to Tan.
HELD: No. Exemplary damages may be awarded if a
party acted in a wanton, fraudulent, reckless,
oppressive, or malevolent manner.
It cannot be
recovered as a matter of right, but left to the discretion
of the court. Although there was a breach of PNBs
obligation to Tan, there is no basis for the award of
exemplary damages.
*(MEMORIZE) DOCTRINE: REQUIREMENTS FOR THE
AWARD OF EXEMPLARY DAMAGES: (1) THEY MAY BE
IMPOSED BY WAY OF EXAMPLE IN ADDITION TO
COMPENSATORY DAMAGES, AND ONLY AFTER THE
CLAIMANTS RIGHT TO THEM HAS BEEN ESTABLISHED. (2)
THEY CANNOT BE RECOVERED AS A MATTER OF RIGHT,
THEIR DETERMINATION DEPENDING UPON THE AMOUNT OF
COMPENSATORY DAMAGES THAT MAY BE AWARDED TO THE
CLAIMANT. (3) THE ACT MUST BE ACCOMPANIED BY BAD
FAITH OR DONE IN A WANTON, FRAUDULENT, OPPRESSIVE
OR MALEVOLENT MANNER.
Del Rosario v. CA
Janunary 29, 1997
FACTS: The sps. Del Rosario bought roofing materials
from MFC, which advertised the materials as durable
and sturdy. Less than 2 months after installation,
portions of the roof were blown off by a typhoon. MFC
replaced and repaired them free of charge because of a
warranty. The Del Rosarios hired an adjuster to
determine the cause of the destruction. The adjusters
found that MFC did not attach the tiles properly and the
project was hastily done. The Del Rosarios filed a
complaint with the DTI and another with the RTC to
recover damages.
ISSUE: WON the award of damages is justified.
HELD: Yes. The awards of moral and exemplary
damages are justified. MFC acted in bad faith when it
flagrantly breached its express warranties made to the
general public.
DOCTRINE: Exemplary damages may be imposed by
way of example or correction for the public good.
CASIS: implies that ED is attached to MD
CLASS NOTES
How did court arrive at final amount?
Compare with other cases
61