Professional Documents
Culture Documents
215
MEMORY AID
IN
CIVIL LAW
Culpa Aquiliana
The foundation of
the liability of the
defendant
is the contract
It is a separate
source of obligation
independent
of
contract
In quasi-delict the
presumptive
responsibility for the
negligence of his
servants can be
rebutted by proof of
the exercise of due
care in their selection
and supervision.
In breach of contract
committed through
the negligence of
employee,
the
employer
cannot
erase his primary and
direct liability by
invoking exercise of
diligence of a good
father of a family in
the selection and
supervision of the
employee.
Culpa Aquiliana
Crime
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
216
QUASI-DELICT
Whoever by act or omission causes
damage to another, there being fault or
negligence is obliged to pay for the
damage done. (Article 2176 Civil Code)
Essential Requisites for a quasidelictual action:
1. Act or omission constituting fault or
negligence;
2. Damage caused by the said act or
omission; and
3. Causal relation between the damage
and the act or omission.
Tests of Negligence
1. Did the defendant in doing the
alleged negligent act use the
reasonable care and caution which
an ordinarily prudent person would
have used in the same situation?
If not then he is guilty of
negligence.
2. Could a prudent man, in the case
under consideration, foresee harm as
a result of the course pursued?
If so, it was the duty of the actor to
take precautions to guard against harm.
NOTES:
Negligence is a conduct - the
determination of the existence of
negligence is concerned with what the
defendant did or did not do
The state of mind of the actor is
not important; good faith or use of
sound judgment is immaterial. The
existence of negligence in a given
case is not determined by reference
to the personal judgment but by the
behavior of the actor in the situation
before him. (Picart vs. Smith)
Negligence is a conduct that creates
an undue risk of harm to others.
Emergency rule
GENERAL RULE: An individual who
suddenly finds himself in a situation
of danger and is required to act
without much time to consider the
best means that may be adopted to
avoid the impending danger is not
guilty of negligence if he fails to
undertake what subsequently and
upon reflection may appear to be a
better solution.
EXCEPTION: When the emergency
was brought by the individuals own
negligence. (Valenzuela vs. CA 253
SCRA 303).
4. Gravity of Harm to be avoided
5. Alternative Course of Action
If the alternative presented to
the actor is too costly, the harm
that may result may be still be
considered unforeseeable to a
reasonable man.
6. Social value or utility of activity
7. Person exposed to the risk
GOOD FATHER OF A FAMILY (pater
familias):
- this is the standard of conduct used in
the Philippines
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
MEMORY AID
- a man of ordinary intelligence and
prudence or an ordinary reasonable
prudent man
a reasonable man deemed to have
knowledge of the facts that a man should
be expected to know based on ordinary
human experience. (PNR vs IAC, 217
SCRA 409)
- a prudent man who is expected to know
the basic laws of nature and physics, e.g.
gravity.
SPECIAL RULES
1. Children
The action of the child will not
necessarily be judged according to the
standard of an adult. But if the minor is
mature enough to understand and
appreciate the nature and consequence
of his actions, he will be considered
negligent if he fails to exercise due care
and precaution in the commission of such
acts.
NOTES:
The law fixes no arbitrary age at
which a minor can be said to have the
necessary capacity to understand and
appreciate the nature and consequence
of his acts. (Taylor vs. Meralco, 16 Phil
8)
Applying the provisions of the
Revised Penal Code, Judge Sangco takes
the view that a child who is 9 or below is
conclusively presumed to be incapable of
negligence. In the other hand, if the
child is above 9 years but below 15,
there is a disputable presumption of
absence of negligence.
Absence of negligence does not
necessarily mean absence of liability.
Liability without fault: a child under
9 years can still be subsidiarily liable
with his property (Art. 100, RPC)
Absence of negligence of the child
may not excuse the parents from their
vicarious liability under Art. 2180 NCC or
Art. 221 FC.
2. Physical Disability
Mere weakness of a person will not
be an excuse in negligence cases.
CIVIL LAW COMMITTEE
IN
CIVIL LAW
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
218
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
MEMORY AID
IN
CIVIL LAW
PROOF OF NEGLIGENCE
GENERAL RULE:
If the plaintiff alleged in his
complaint that he was damaged because
of the negligent acts of the defendant,
the plaintiff has the burden of proving
such negligence. (Taylor vs. MERALCO
16Phil8)
The quantum of proof required is
preponderance of evidence. (Rule 133
Revised Rules of Court)
EXCEPTIONS: Exceptional cases when
the rules or the law provides for cases
when negligence is presumed.
A. Presumptions of Negligence
B. Res Ipsa Loquitur
A. Presumptions of Negligence
1. In motor vehicle mishaps, the owner
is presumed negligent if he was in the
vehicle and he could have used due
diligence to prevent the misfortune.
(Article 2184 Civil Code)
2. It is disputably presumed that a
driver was negligent if he had been
found guilty of reckless driving or
violating traffic regulations at least
twice for the next preceding two
months. (Article 2184 Civil Code)
3. The driver of a motor vehicle is
presumed negligent if at the time of the
mishap, he was violating any traffic
regulation. (Article 2185 Civil Code)
4. GENERAL RULE:
Prima facie
presumption of negligence of the
defendant arises if death or injury
results from his possession of dangerous
weapons or substance.
EXCEPTION: When such possession or
use is indispensable to his occupation or
business. (Article 2188 Civil Code)
5. GENERAL RULE: Presumption of
negligence of the common carrier arises
in case of loss, destruction or
CIVIL LAW COMMITTEE
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
220
B. Duty to rescue
GENERAL RULE: There is no general
duty to rescue; a person is not liable for
quasi-delict even if he did not help a
person in distress.
EXCEPTIONS: A limited duty to rescue
is imposed in certain cases:
Abandonment of persons in danger and
abandonment of ones own victim is
considered, under certain circumstances
as a crime against security (Article 275
RPC); and
No driver of a motor vehicle concerned
in a vehicular accident shall leave the
scene of the accident without aiding the
victim unless he is excused from doing
so. (Section 55 RA 4136 [Land
Transportation and traffic Code])
2. Owners, Proprietors and Possessors
of Property
GENERAL RULE: The owner has no duty
to take reasonable care towards a
trespasser for his protection or even to
protect him from concealed danger.
NOTE: Damage to any person resulting
from the exercise of any rights of
ownership is damage without injury
(Damnum absque injuria)
EXCEPTIONS:
a. Visitors and tolerated possession
Owners
of
buildings
or
premises owe duty of care to
visitors.
b. Doctrine of Attractive Nuisance
One who maintains on his premises
dangerous
instrumentalities
or
appliances of a character likely to
attract children in play, and who fails
to exercise ordinary care to prevent
children from playing therewith or
resorting thereto, is liable to a child
of tender years who is injured
thereby, even if the child is
technically a trespasser in the
premises.
NOTE: A swimming pool or pond or
reservoir of water is NOT considered
attractive
nuisance.
(Hidalgo
Enterprises vs. Baladan 91 Phil 488)
c. State of Necessity
The
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
MEMORY AID
architect or contractor if the damage
referred to in Articles 2190 and
2191should be a result of any defect in
construction.
Nevertheless, actions for damages
can still be maintained under Article
2176 for damages resulting from
proprietors failure to exercise due care
in the maintenance of his building and
that he used his property in such a way
that he injured the property of another.
3. Employers and Employees
A. Employers
Actions for quasi-delict can still be
maintained even if employees
compensation is provided for under
the Labor Code.
In quasi-delictual actions against the
employer, the employee may use the
provisions of the Labor Code which
imposes upon the employer certain
duties with respect to the proper
maintenance of the work place or
the provisions of adequate facilities
to ensure the safety of the
employees.
Articles 1711 and 1712 of the Civil
Code impose liability without fault
on the part of the employers.
B. Employees
Employees are bound to exercise due
care in the performance of their
functions for the employers; absence
such due care, the employee may be
held liable.
4. Banks
The business of banks is one affected
by public interest.
Because of the
nature of its functions, a bank is under
obligation to treat the accounts of its
depositors with meticulous care, always
having in mind the fiduciary nature of
their relationship. (PBC vs. CA [1997])
5. Common carriers
From the nature of their business
and for reasons of public policy, they are
bound
to
exercise
extraordinary
diligence in the vigilance over the goods
and the safety of the passengers.
CIVIL LAW COMMITTEE
IN
CIVIL LAW
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
222
the body
intended.
when
another
part
was
There is no employer-employee
relationship between the hospital and a
physician admitted in the said hospitals
medical staff as an active or visiting
consultant
which would hold the
hospital liable solidarily liable for the
injury suffered by a patient under Article
2180 of the Civil Code. (Ramos vs. CA GR
No 124354, April 11, 2002)
The
contract
between
the
consultant and the patient is separate
and distinct the contract between the
hospital and the patient. The first has
for its object the rendition of medical
services by the consultant to the patient,
while the second concerns the provision
by the hospital of facilities and services
by its staff such as nurses and laboratory
personnel necessary for the proper
treatment of the patient. (Ramos vs. CA
GR No 124354, April 11, 2002)
7. Lawyers
An attorney is not bound to exercise
extraordinary diligence but only a
reasonable degree of care and skill,
having reference to the business he
undertakes to do.
DEFENSES IN NEGLIGENCE CASES
Kinds of defenses:
A. Complete
completely
recovery
B. Partial mitigates liability
bars
1. PLAINTIFFS
CONDUCT
AND
CONTRIBUTORY NEGLIGENCE
a. Plaintiffs own negligence as the
proximate cause
The
relative degree of negligence of
the parties is considered in
determining whether and to what
degree,
either
should
be
responsible for his negligence
(apportionment of damages).
This
is
the doctrine being applied in our
jurisdiction
wherein
the
contributory negligence of the
plaintiff does not completely bar
recovery but merely results in
mitigation of liability; it is a partial
defense.
The
court is free to determine the
extent of the mitigation of the
defendants liability depending
upon the circumstances.
2. IMPUTED
CONTRIBUTORY
NEGLIGENCE
Negligence is imputed if the actor is
different from the person who is
being made liable.
The defendant will be subject to
mitigated liability even if the
plaintiff was not himself personally
negligent but because the negligence
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
MEMORY AID
3. FORTUITOUS EVENTS
Essential requisites:
a. The cause of the unforeseen and
unexpected occurrence, or of the
failure of the
debtor to comply
with his obligation, must be
independent of the human will;
b. It must be impossible to foresee
the event which constitutes the
caso fortuito, or if it can be
foreseen, it must be impossible to
avoid;
c. The occurrence must be such as to
render it impossible for the debtor
to fulfill his obligation in a normal
manner; and
d. The obligor must be free from any
participation in the aggravation of
the injury resulting to the creditor.
NOTE: When an act of God concurs
with the negligence of defendant to
produce an injury, the defendant is
liable if the injury would not have
resulted but for his own negligent
conduct or omission. The whole
occurrence is humanized and removed
from the rules applicable to acts of
God. (NAPOCOR vs. CA [1993])
GENERAL RULE: It is a complete
defense and a person is not liable if
the cause of the damage is a fortuitous
event.
EXCEPTION: It is merely a partial
defense and the courts may mitigate
the damages if the loss would have
resulted in any event (Art. 2215(4)
Civil Code).
4. ASSUMPTION OF RISK
Volenti non fit injuria: One is not
legally injured if he has consented to the
act complained of or was willing that it
should occur.
It is a complete defense.
Elements:
CIVIL LAW COMMITTEE
IN
CIVIL LAW
a.
The plaintiff must know that the
risk is present;
b.
He must further understand its
nature; and that
c.
His choice to incur it is free and
voluntary.
KINDS:
a.
Express waiver of the right to
recover
There is assumption of risk if the
plaintiff, in advance has expressly
waived his right to recover damages for
the negligent act of the defendant.
NOTE: A person cannot contract away his
right to recover damages resulting from
negligence. Such waiver is contrary to
public policy and cannot be allowed.
However, the waiver contemplated by
this prohibition is the waiver of the right
to recover before the negligent act was
committed.
If waiver was made after the cause
of action accrued, the waiver is valid and
may be construed as a condonation of
the obligation.
b.
Implied Assumptions
i. Dangerous Conditions
There
may
be
implied
assumption of risk if the plaintiff
entered into a contractual relation
with the defendant. By entering into
a relationship freely and voluntarily
where the negligence of the
defendant is obvious, the plaintiff
may be found to accept and consent
to it.
EXAMPLES:
a) The employees assume the
ordinary risks inherent in the
industry in which he is employed.
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
224
Persons
who
voluntarily
participate in dangerous activities
assume the risks which are usually
present in such activities.
EXAMPLE:
A
professional
athlete is deemed to assume the
risks of injury to their trade.
iv. Defendants negligence
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
MEMORY AID
IN
CIVIL LAW
NOTE:
Primary cause remains the
proximate cause even if there is an
intervening
cause
which
merely
cooperated with the primary cause and
which did not break the chain of
causation.
3. NESS Test
The candidate condition may still be
termed as a cause where it is shown to
be a necessary element in just one of
several co-present causal set each
independently sufficient for the effect.
If
the
defendants negligence was not the
cause-in-fact, the inquiry stops.
If it is, the inquiry shifts to the
question of limit of the defendants
liability. (Policy test)
CAUSE-IN-FACT TESTS:
1. But-For Test
The defendants conduct is the
cause-in-fact if damage would not have
resulted had there been no negligence
on the part of the defendant.
Conversely,
defendants
negligent
conduct is not the cause in fact of the
plaintiffs damage if the accident could
not have been avoided in the absence
thereof.
Multiple causation
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
226
1.
Those
that
are
inherently
dangerous
2.
Those where a person places a
thing which is not dangerous in itself in a
dangerous position.
3.
Those involving products and
other things which are dangerous
because they are defective.
Efficient Intervening Cause
One which destroys the causal
connection between the negligent act
and the injury and thereby negatives
liability.
There is NO efficient intervening
cause if the force created by the
negligent act or omission have either:
1. Remained active itself, or
2. Created another force which
remained active until it directly
caused the result, or
3. Created a new active risk of
being acted upon by the active force
that caused the result.
EXAMPLE: The medical findings, show
that the infection of the wound by
tetanus was an efficient intervening
cause later or between the time Javier
was wounded to the time of his death.
(People vs. Rellin 77 Phil 1038)
NOTES:
A cause is not an intervening cause if
it was already in operation at the time
the negligent act is committed.
Foreseeable intervening causes
cannot
be
considered
sufficient
intervening causes.
The intervention of unforeseen and
unexpected cause is not sufficient to
relieve
the
wrongdoer
from
consequences of negligence if such
negligence directly and proximately
cooperates with the independent cause
in the resulting injury.
CONTRIBUTORY NEGLIGENCE
A. Plaintiffs negligence is the cause
Plaintiffs
negligence
is
not
contributory if it is necessary and
sufficient to produce the result.
EXAMPLES:
1.
Only the plaintiff was negligent.
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
MEMORY AID
2.
Defendants negligence is not a
part of the causal set which is a part of
the causal chain.
3.
Plaintiffs negligence was preemptive in nature.
B. Compound Causes
Plaintiffs negligence may have
duplicative effect, that it, it is sufficient
to bring about the effect but his
negligence occurs simultaneously with
the defendant; the latters negligence is
equally sufficient but not necessary to
bring about the effect because damage
would still have resulted due to the
negligence of the plaintiff.
Plaintiffs negligence is not merely
contributory because it is a concurring
proximate cause.
No recovery can be had. (Aquino,
Torts and Damages)
C. Part of the same causal set
Neither plaintiffs negligence nor
defendants
negligence
alone
is
sufficient to cause the injury; the effect
would result only if both are present
together
with
normal
background
conditions.
Negligence
of
the
plaintiff
cooperated with the negligence of the
defendant in order to bring about the
injury; determination of proximate cause
is only a matter of degree of
participation.
D. Defendants Negligence is the Only
cause
Defendants
negligence
was
sufficient AND necessary to bring about
the injury.
However, if plaintiffs negligence
increased or aggravated the resulting
damage or injury liability of the
defendant should also be mitigated
under contributory negligence rule or
under the doctrine of avoidable
consequences.
Doctrine of Last Clear Chance or
Discovered Peril
The negligence of the plaintiff does
not preclude a recovery for the
negligence of the defendant where it
CIVIL LAW COMMITTEE
IN
CIVIL LAW
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
228
3. If defendants negligence is a
concurrent cause and which was still in
operation up to the time the injury was
inflicted.
4. Where the plaintiff, a passenger,
filed an action against a carrier based on
contract.
5. If the actor, though negligent, was
not aware of the danger or risk brought
about by the prior fraud or negligent act.
B. INTENTIONAL TORTS
Include conduct where the actor
desires to cause the consequences of his
act or believes that the consequences
are substantially certain to result from
it.
They are found in Chapter 2 of the
Preliminary Title of the NCC entitled
Human
Relations. Although
this
chapter covers negligent acts, the torts
mentioned herein are mostly intentional
in nature or torts involving malice or bad
faith.
HUMAN RELATIONS
1. Principle of Abuse of Rights
(ART.19)
Elements:
a. Legal right or duty;
b. The right or duty is exercised in
bad faith; and
c. For the sole intent of prejudicing
or injuring another.
EXAMPLE:
If
the
principal
unreasonably terminated an agency
agreement
for
selfish
reasons.
(Valenzuela vs. CA, 190 SCRA 1)
NOTE: This rule is a departure from the
traditional view that a person is not
liable for damages resulting from the
exercise of ones right.
2. Article 20 of the Civil Code
Speaks of the general sanction for all
other provisions of law which do not
especially provide for their own
sanction.
NOTE: Article 20 does not distinguish;
the act may be done willfully or
negligently.
3. Acts contra bonus mores (Article 21
Civil Code)
Elements:
a. Act which is legal;
b. The act is contrary to morals, good
customs, public order or public policy;
and
c. The act is done with intent to injure.
NOTE: Damages are recoverable even if
no positive law was violated.
Kinds:
a. Breach of promise to marry
GENERAL RULE: Breach of promise to
marry by itself is not actionable.
EXCEPTION: In cases where there is
another act independent of the breach
of promise to marry which gives rise to
liability:
1. Cases where there was financial
damage.
2. Social humiliation caused to one of
the parties.
3. Where there was moral seduction.
NOTES:
Moral seduction, although not
punishable, connotes the idea of deceit,
enticement, superior power or abuse of
confidence on the part of the seducer to
which the woman has yielded. (Gashem
Shokat Baksh vs. CA)
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
MEMORY AID
Defendant is liable for all forms of
sexual assault including crimes defined
under the RPC as rape, acts of
lasciviousness and seduction.
d. Desertion by a spouse
A spouse has a legal obligation to live
with his/her spouse.
If a spouse does not perform his/her
duty to the other, he may be liable for
damages for such omission because the
same is contrary to law, morals, good
customs and public policy.
CIVIL LAW
e. Trespass
and
Deprivation
of
Property
2 KINDS:
1)
Trespass
to
and/or
deprivation of real property
IN
f.
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
230
h. Malicious Prosecution
An action for damages brought by
one against another 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 proceeding in favor
of the defendant therein.
The gist of the action is putting legal
process in force regularly, for mere
purpose of vexation or injury. (Drilon vs.
CA [1997])
Elements:
1.
The fact of the prosecution and
the further fact that the defendant was
himself the prosecutor; and that the
action was finally terminated with an
acquittal;
2.
That in bringing the action, the
prosecutor acted without probable
cause;
3.
The prosecutor was actuated or
impelled by legal malice.
NOTES:
Malice is the inexcusable intent to
injure, oppress, vex, annoy or humiliate.
Presence of probable cause signifies
absence of malice.
Absence of malice signifies good
faith on the part of the defendant; good
faith may even be based on mistake of
law.
Acquittal presupposes that a criminal
information is filed in court and final
judgment rendered dismissing the case;
nevertheless, prior acquittal may include
dismissal by the prosecutor after
preliminary investigation. (Globe Mackay
and Radio Corp. vs. CA; Manila Gas Corp
vs. CA)
i.
Public Humiliation
Damages may be awarded in cases
where the plaintiff suffered humiliation
through the positive acts of the
defendant directed against the plaintiff.
Example: The defendant was held
liable for damages under Art. 21 for
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
MEMORY AID
EXCEPTION: A privilege may be given to
the surviving relatives of a deceased
person to protect his memory but the
privilege exist for the benefit of the
living, to protect their feelings and to
prevent the violation of their own rights
in the character and memory of the
deceased.
Standard to be
applied in determining if there was a
violation of the right is that of a person
with ordinary sensibilities. It is relative
to the customs of time and place and is
determined by the norm of an ordinary
person.
Four Types of Invasion of Privacy
a.
Intrusio
n upon plaintiffs seclusion or solitude
or into his private affairs
It is not limited to cases where
the defendant physically trespassed into
anothers property. It includes cases
when the defendant invades ones
privacy by looking from outside
(Example: peeping-tom).
GENERAL RULE: There is no invasion of
right to privacy when a journalist records
photographs or writes about something
that occurs in public places.
EXCEPTION: When the acts of the
journalist should be to such extent that
it constitutes harassment or overzealous
shadowing.
The freedom of the press has never
been construed to accord newsmen
immunity from tort or crimes committed
during the course of the newsgathering.
There is no intrusion when an
employer investigates an employee or
when the school investigates its student.
RA 4200 makes it illegal for any
person not authorized by all the parties
to any private communication to secretly
record such communication by means of
a tape recorder (Ramirez vs CA, Sept.
28, 1995)
Use of a telephone extension for
purposes of overhearing a private
conversation without authorization does
not violate RA 4200.
NOTE: There are instances where the
school might be called upon to exercise
its power over its student for acts
CIVIL LAW COMMITTEE
IN
CIVIL LAW
Requisites:
1. Publicity is given to any private
or purely personal information about
a person;
2. Without the latters consent; and
3. Regardless of whether or not
such publicity constitutes a criminal
offense, like libel or defamation, the
circumstance that the publication
was made with intent of gain or for
commercial and business purposes
invariably serves to aggravate the
violation of the right.
PUBLIC FIGURE - A
person, who by his accomplishments,
fame or mode of living or by adopting a
profession or calling which gives the
public a legitimate interest in his doings,
his affairs and his character.
NOTE: Public figures, most especially
those holding responsible positions in
government enjoy a more limited right
to privacy compared to ordinary
individuals.
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
232
c.
Publicit
y which places a person in a false
light in the public eye
The interest to be protected in
this tort is the interest of the
individual in not being made to
appear before the public in an
objectionable false light or false
position.
EXAMPLE: Defendant was held liable
for damages when he published an
unauthorized biography of a famous
baseball player exaggerating his
feats on the baseball field,
portraying him as a war hero. (Spahn
vs. Messner)
If the publicity given to the
plaintiff is defamatory, hence an
action for libel is also warranted; the
action for invasion of privacy will
afford an alternative remedy.
May be committed by the media
by distorting a news report.
Tort of Putting
Another in False
Light
Defamation
1. As to gravamen of claim
The gravamen of The gravamen of
claim is not the claim is the reputareputational
harm tional harm
but
rather
the
embarrassment of a
person being made
into some-thing he is
not
2. As to publication
The statement should Publication
is
be actually made in satisfied if a letter is
public
sent to a third person
3. As to the defamatory character of the
statements
Defendant may still What is published
be held liable even if lowers the esteem in
the statements tells which the plaintiff is
something
good held
about the plaintiff
d.
Commer
cial appropriation of likeness
The unwarranted publication of a
persons name or the unauthorized
use of his photograph or likeness for
commercial purposes is an invasion
of privacy.
With respect to celebrities,
however, the right of publicity is
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
MEMORY AID
within the ambit of their powers;
officers do not act within the ambit
of their powers if they violate the
constitutional rights of persons.
2. Defamation, Fraud, and Physical
injuries (Article 33)
A.
Defamation
Defamation is an invasion of the
interest in reputation and good
name, by communication to others
which tends to diminish the esteem
in which the plaintiff is held, or to
excite adverse feelings or opinion
against him.
Includes the crime of libel and
slander.
RPC considers the statement
defamatory if it is an imputation of
circumstance tending to cause the
dishonor, discredit or contempt of
natural or juridical person or to
blacken the memory of one who is
dead.
Requisites for one to be liable
for defamatory imputations:
a. It must be defamatory
b. It must be malicious
c. It must be given publicity
d. The
victim
must
be
identifiable
NOTES:
Test
in
determining
the
defamatory
character
of
the
imputation: A charge is sufficient if
the words are calculated to induce the
hearers to suppose and understand
that the person/s against whom they
were uttered were guilty of a certain
offense, or are sufficient to impeach
their honesty, virtue, or reputation, or
to hold the person/s up to public
ridicule.
Dissemination to a number of
persons
is
not
required,
communication to a single individual
is sufficient publication.
GENERAL RULE: Every defamatory
imputation is presumed to be
malicious, even if it be true, if no
good intention or justifiable motive
for making it is shown.
EXCEPTIONS:
CIVIL LAW COMMITTEE
IN
CIVIL LAW
1. A private communication
made by any person to another
in the performance of any legal,
moral or social duty; and
2. A fair and true report, made
in good faith, without any
comments or remarks, of any
judicial, legislative or other
official proceedings which are
not of confidential nature, or of
any statement, report, or speech
delivered in said proceedings or
of any other act performed by
public officers in the exercise of
their functions.
It is not sufficient that the
offended party recognized himself as
the person attacked or defamed, it
must be shown that at least a third
person could identify him as the
object of the libelous publication.
In order to escape liability, the
defendant may claim that the
statements made are privileged.
Two
kinds
of
privileged
communication:
1) Absolutely privilege Those
which are not actionable even if
the author acted in bad faith.
2) Qualifiedly privilege not
actionable unless found to have
been
made
without
good
intention or justifiable motive.
B. Fraud
Elements of deceit
1)The defendant must have made
false representation to the
plaintiff
2)The representation must be one
of fact
3)The defendant must know that
the representation is false or be
reckless about whether it is false
4)The defendant must have acted
on the false representation
5)The
defendant
must
have
intended
that
the
false
representation should be acted
on
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
234
Half-truths are
likewise included; it is actionable if
the withholding of that which is not
stated makes that which is stated
absolutely false.
Misrepresentati
on upon a mere matter of opinion is
not an actionable deceit.
C.
Physical injuries
Battery an intentional infliction
of a harmful or offensive bodily
contact; bodily contact is offensive if
it offends a reasonable persons
sense of dignity.
Assault intentional conduct by
one person directed at another
which
places
the
latter
in
apprehension of immediate bodily
harm or offensive act.
Includes bodily injuries causing
death.
Physical injuries which resulted
because of negligence or imprudence
is not included in Article 33; they are
already covered by Article 2176 of
the Civil Code.
3. Neglect of duty by police officers
(Article 34)
Subsidiary liability of cities and
municipalities, is imposed so that
they will exercise great care in
selecting conscientious and duly
qualified policemen and exercise
supervision over them in the
performance of their duties.
CIVIL LIABILITY ARISING FROM DELICT
Every person criminally liable for a
felony is also civilly liable. (Article
100 RPC)
The reason is because a crime has a
dual character: as an offense against
the State and against the private
person injured by it.
Dual character of crimes applies to
cases governed by special laws.
Example: violation of the BP 22
results in criminal and civil liability.
Damages to be adjudicated
may either be decreased or
increased depending on the presence
of
mitigating
or
aggravating
circumstances.
Effect of Death
A. DEATH AFTER FINAL JUDGMENT:
extinguishes criminal liability of the
person liable but will not extinguish
the civil liability.
B. DEATH BEFORE FINAL JUDGMENT:
GENERAL RULE: The defendant is
relieved from both criminal and civil
liability
arising
from
criminal
liability.
EXCEPTION: In case of libel and
physical
injuries
wherein
the
plaintiff initially opted to claim
damages in the criminal proceeding
can file another case under Article
33 of the Civil Code.
Effect of Pardon
Pardon does not erase civil liability.
While pardon removes the existence of
guilt so that in the eyes of the law the
offender is deemed innocent and treated
as though he never committed the
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
MEMORY AID
offence, it does not operate to remove
all the effects of the previous conviction.
DEFENDANTS IN TORT CASES
Concurrent Negligence or Acts
1. Joint Tort-feasors
IN
CIVIL LAW
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
236
2. Guardians
For damage caused by
a. minors or incapacitated persons
b. under their authority
c. living in their company
3. Owners
and
managers
of
establishments
For damage caused by:
a) their employees
b) in the service of the branches in
which they are employed, or
c) on the occasion of their
functions
4. Employers
For damages cause by:
a) employees
and
household
helpers
b) acting within the scope of their
assigned tasks
c) even if the employer is not
engaged in any business or
industry
NOTES:
Liability of the employer can be
established by proving the existence of
6. Schools,
Teachers
and
Administrators
For damage caused by:
a) pupils
and
students
or
apprentices
b) in their custody
statutory basis:
if student is minor Art. 219, FC
if student is no longer a minor
Art. 2180, Civil Code
NOTES:
the
teacher-in-
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
MEMORY AID
The liability extends to acts
The
victim of negligence is likewise
required to exercise due care in
avoiding injury to himself.
Other Persons Vicariously Liable:
1. Innkeepers and Hotelkeepers
They are civilly liable for crimes
committed in their establishments in
cases of violations of statutes by them,
in default of persons criminally liable.
(Article 102 Revised Penal Code)
They are subsidiarily liable for the
restitution of goods taken by robbery or
theft within their houses from guests
CIVIL LAW COMMITTEE
IN
CIVIL LAW
The
absolute
community
property shall be for liabilities incurred
by either spouses by reason of crime or
quasi-delict in case of absence or
insufficiency of the exclusive property of
the debtor-spouse. (Article 94 Family
Code)
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
238
the
the
the
for
C. STRICT LIABILITY
When the person is made liable
independent of fault or negligence upon
submission of proof of certain facts
specified by law.
NOTE:
Strict liability tort can be
committed even if reasonable care was
exercised and regardless of the state of
mind of the actor at that time.
TYPES:
1. Animals
GENERAL RULE: The possessor of an
animal or whoever may make use of the
same is responsible for the damages
which it may cause although it may
escape or be lost.
EXCEPTION: When the damage was
caused by force majeure or by the
person who suffered the damage.
(Article 2183 Civil Code)
NOTES:
If the acts of a third person cannot
be foreseen or prevented, then the
situation is similar to that of force
majeure and the possessor is not liable.
(Francisco, Torts and Damages)
Art. 2183 is applicable whether the
animal is domestic, domesticated, or
wild.
2. Falling objects
The head of a family that lives in a
building or a part thereof is responsible
for damages caused by things thrown or
falling from the same. (Article 2193 Civil
Code)
The term head of the family is not
limited to the owner of the building, and
it may even include the lessee thereof.
(Dingcong vs. Kanaan, 72 Phil 14)
3. Liability of employers
Article 1711 of the NCC imposes an
obligation on owners of enterprises and
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
MEMORY AID
5. Product liability by manufacturers
Manufacturers and processors of
foodstuffs, drinks, toilet articles and
similar goods shall be liable for death or
injuries caused by any noxious or harmful
substances used, although no contractual
relation exists. (Article 2187 Civil Code)
Other cases of liability without fault:
1. Proprietor of a building or structure,
for damages resulting from its total or
partial collapse, if it should be due to
lack of necessary repairs. .
2. Breach of implied warranties.
3. Consumer Act (R.A. 7394) any
Filipino
or
foreign
manufacturer,
producer and importer, independently of
fault shall be liable for redress for
damages caused to consumers by defects
resulting from:
a. design;
b. manufacture;
c. construction;
d. assembly and erection;
e. formulas and handling and
making up; or
f. presentation or packing of their
products as well as for the
insufficient
or
inadequate
information on the use and hazards
thereof.
4. Even when an act or event causing
damage to anothers property was not
due to the fault or negligence of the
defendant, the latter shall be liable for
indemnity if through the act or event he
was benefited. (Art. 23 Civil Code)
IN
CIVIL LAW
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
240
DEFENSES:
A. The manufacturer, builder, producer,
or importer shall not be liable when it
evidences:
1)
That it did not place the
product on the market
2)
That although it did
place the product on the market
such product had no defect
3)
That the consumer of
third party is solely at fault. (Article
97 Consumer Act)
B. The supplier of the services shall not
be held liable when it is proven:
1) That there is no defect in the
service rendered
2) That the consumer of third party
is solely at fault. (Article 99 Consumer
Act)
Requisites:
The plaintiff should
allege and prove that:
1) The product was defective;
2) The product was manufactured
by the defendant;
3) The defective product was the
cause of his injury.
4 KINDS OF DEFECTIVE PRODUCTS
1. manufacturing defect
2. design defect
3. presentation defect
4. absence of appropriate warning
BUSINESS TORTS
1. Interference of contracts
Elements:
a. existence of a valid contract
b. knowledge on the part of the third
person of the existence of the contract
c. interference of the third person
without legal justification.
The existence of a contract is
necessary and the breach must occur
because of the alleged act of
interference;
No
action
can
be
maintained if the contract is void.
Malice is not essential.
Elements of privilege to interfere
1)The defendants purpose is a
justifiable one, and
2)The actors employ no means of
fraud or deception which are
regarded as unfair.
Extent of Liability:
A. Rule in Daywalt vs. La Corporation
39PHIL587
Defendant
cannot be held liable for more than
the
amount
for
which
the
contracting party who was induced
to break the contract can be held
liable.
B. Rule under Article 2201 and 2202
Civil Code
1)
If
in bad faith: defendant is liable for
all
natural
and
probable
consequences of his act or omission,
whether the same is forseen or
unforeseen.
2)
If
in good faith: defandant is liable
only for consequences that can be
foreseen.
2. Interference
with
prospective
advantage
It is a tort committed when there is
no contract yet and the defendant is
only being sued for inducing another not
to enter into a contract.
3. Unfair competition.
Unfair Competition in agricultural,
commercial, or industrial enterprises, or
in labor, through the use of force,
intimidation , deceit, machination or any
unjust or oppressive or highhanded
method shall give rise to a right of action
by a person who thereby suffers damage.
(Article 27 Civil Code)
CASES INCLUDED:
a. passing off and disparagement of
products
b. interference
c. misappropriation
d. monopolies and predatory pricing
4. Securities Related Torts
Kinds
a. Fraudulent Transactions
b. Misstatements or Omission of
statement of a material fact
required to be stated
Defendants are free from liability if
they can prove that at the time of the
acquisition the plaintiff knew of the
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
MEMORY AID
untrue statement or if he was aware of
the falsity.
Extent of Damages: Not exceeding
triple the amount of the transaction.
Prescriptive Period: Action must be
brought within 2 years after discovery of
facts constituting the cause of action and
within 5 yrs after such cause of action
accrued.
II. DAMAGES
DAMAGE
The detriment, injury or loss which
are occasioned by reason of fault of
another in the property or person.
DAMAGES
The
pecuniary
compensation,
recompense or satisfaction for an injury
sustained or as otherwise expressed, the
pecuniary consequences which the law
imposes for the breach of some duty or
violation of some rights.
DAMNUM ABSQUE INJURIA (Damage
Without Injury)
A person may have suffered physical
hurt or injury, but for as long as no legal
injury or wrong has been done, there is
no liability.
Damage
Damages
Legal
invasion of
a
legal
right
Loss, hurt
or
harm
which
results
from
the
injury
The recompense
or
compensation
awarded for
the damage
suffered
IN
CIVIL LAW
NOTES:
A complaint for damages is a
personal action. (Baritua vs. CA, 267
SCRA 331)
Proof of pecuniary loss is necessary
to successfully recover actual
damages from the defendant. No
proof of pecuniary loss is necessary
in
case
of
moral,
nominal,
temperate, liquidated or exemplary
damages.
The assessment of such damages,
except liquidated ones, is left to the
discretion of the court according to
the circumstances of each case.
Kinds of damages (MANTLE)
1. Actual or Compensatory
2. Moral
3. Nominal
4. Temperate or moderate
5. Liquidated
6. Exemplary or corrective
A. ACTUAL
OR
COMPENSATORY
DAMAGES
Comprehends not only the value of
the loss suffered but also that of the
profits which the obligee failed to
obtain.
Classification:
1. Dano emergente loss of what a
person already possesses
2. Lucro cessante failure to
receive as a benefit that would
have pertained to him
NOTE: The latter type includes:
1.
Loss or impairment of
earning capacity in cases of
temporary
or
permanent
personal injury.
2.
Injury to the plaintiffs
business standing or commercial
credit.
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
242
reasonably
foreseen
by
the
defendant. (Article 2202 Civil Code)
The amount should be that which
would put plaintiff in the same
position as he would have been if he
had not sustained the wrong for
which he is now
getting his
compensation or reparation.
To recover damages, the amount of
loss must not only be capable of
proof but must actually be proven.
Uncertainty as to the precise amount
is not necessarily fatal.
NOTE:
Life expectancy is computed as
follows:
{ 2/3 x (80-age at death) }
Net earnings is the total of the
earnings less expenses necessary for
the creation of such earnings and
less living or other incidental
expenses.
Loss of profits
May be determined by considering
the average profit for the preceding
years multiplied by the number of
years during which the business was
affected by the wrongful act or
breach.
Attorneys fees
They are actual damages. It is due to
the plaintiff and not to the counsel.
Plaintiff must allege the basis of his
claim for attorneys fees in the
complaint; the basis should be one of
the 11 cases specified in Article 2208
of the Civil Code.
Interests
Award of interest in the concept of
actual and compensatory damages
actual damages.
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
MEMORY AID
Contributory
Negligence
Plaintiffs act or
omission occurs
before or at the
time of the act or
omission of the
defendant
B. MORAL DAMAGES
Includes physical suffering, mental
anguish, fright, serious anxiety,
besmirched reputation, wounded
feelings,
moral
shock,
social
humiliation, and similar injury.
No proof of pecuniary loss is
necessary.
GENERAL RULE: The plaintiff must
allege and prove:
1. The factual basis for moral
damages; and
2. Its causal relation to the
defendants act
EXCEPTION: Moral damages may be
awarded to the victim in criminal
proceedings without the need for
pleading of proof of the basis thereof.
Requisites for award of moral damages:
1. There must be an injury whether
physical, mental or psychological,
clearly sustained by the claimant;
2. There must be a culpable act or
omission.;
3. Such act or omission is the proximate
cause of the injury;
4. The damages is predicated on the
cases cited in Art.2219.
NOTE: The award of moral damages
cannot be granted in favor of a
corporation because, being an artificial
person, it has no feelings, no emotions,
no
senses.
It
cannot
therefore
CIVIL LAW COMMITTEE
IN
CIVIL LAW
C. NOMINAL DAMAGES
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.
(Article2221 Civil Code)
Small sums fixed by the court
without regard to the extent of the
harm done to the injured party.
Law presumes damage although
actual or compensatory damages are
not proven.
They are damages in name only and
are allowed simply in recognition of
a technical injury based on a
violation of a legal right.
Nominal damages cannot co-exist
with
actual
or
compensatory
damages.
D.
TEMPERATE OR
MODERATE DAMAGES
These are damages, which are more
than
nominal
but
less
than
compensatory, and may be recovered
when the court finds that some
pecuniary loss has been suffered but
its amount cannot be proved with
certainty. (Article 2224 Civil Code)
In cases where the resulting injury
might be continuing and possible
future complications directly arising
from the injury, while certain to
occur are difficult to predict,
temperate damages can and should
be awarded on top of actual or
compensatory damages; in such
cases there is no incompatibility
between actual and temperate
damages.
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
244
E. LIQUIDATED DAMAGES
Those agreed upon by the parties in
a contract, to be paid in case of
breach thereof.
F. EXEMPLARY
DAMAGES
OR
CORRECTIVE
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)