8 Torts

San Beda College of Law
215
MEMORY AID IN CIVIL LAW
TORTS AND DAMAGES
I. TORTS  Involve voluntary acts or omissions

which result in injury to others
TORT without intending to cause the same
 An unlawful violation of private or because the actor fails to exercise
right, not created by contract, due care in performing such acts or
and which gives rise to an action omissions.
for damages.
 It is an act or omission producing NEGLIGENCE
an injury to another, without any  The omission of that degree of
previous existing lawful relation diligence which is required by the
of which the said act or omission nature of the obligation and
may be said to be a natural corresponding to the circumstances
outgrowth or incident. of persons, time and place. (Article
1173 Civil Code)
NOTES:
 An unborn child is NOT Kinds of Negligence:
entitled to damages. But 1. Culpa Contractual (contractual
the bereaved parents negligence)
may be entitled to  Governed by CC
damages, on damages provisions on
inflicted directly upon Obligations and
them. (Geluz vs. CA, 2 Contracts,
SCRA 802) particularly Arts.
 Defendants in tort cases 1170 to 1174 of the
can either be natural or Civil Code.
artificial being.
Corporations are civilly 2. Culpa Aquiliana (quasi-delict)
liable in the same  Governed mainly by Art. 2176 of the
manner as natural Civil Code
persons.
3. Culpa Criminal (criminal negligence)
 Any person who has been
injured by reason of a  Governed by Art. 365 of the Revised
tortious conduct can sue Penal Code.
the tortfeasor.
NOTES:
 The primary purpose of a
tort action is to provide  The 3 kinds of negligence furnish
compensation to a separate, distinct, and independent
person who was injured bases of liability or causes of action.
by the tortious conduct  A single act or omission may give rise
of the defendant. to two or more causes of action.
 Preventive remedy is
available in some cases. Culpa Contractual Culpa Aquiliana
The foundation of It is a separate
the liability of the source of obligation
Classes of Torts: defendant independent of
A. Negligent Torts is the contract contract
B. Intentional Torts
C. Strict Liability
A. NEGLIGENT TORTS
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)
216 2005 CENTRALIZED BAR OPERATIONS
In quasi-delict the  If so, it was the duty of the actor

In breach of contract
presumptive to take precautions to guard
committed through
responsibility for the against harm.
the negligence of
negligence of his
employee, the
servants can be
employer cannot
rebutted by proof of NOTES:
erase his primary and
direct liability by
the exercise of due  Negligence is a conduct - the
care in their selection determination of the existence of
invoking exercise of
and supervision. negligence is concerned with what
diligence of a good
father of a family in the defendant did or did not do
the selection and  The state of mind of the actor is
supervision of the not important; good faith or use of
employee.
sound judgment is immaterial. The
existence of negligence in a given
Culpa Aquiliana Crime case is not determined by reference
Only involves private Affect the public to the personal judgment but by the
concern interest behavior of the actor in the situation
The Civil Code by The Revised Penal before him. (Picart vs. Smith)
means of indem- Code punishes or
nification merely corrects criminal act
 Negligence is a conduct that creates
repairs the damage an undue risk of harm to others.
Includes all acts in Punished only if there  The determination of negligence is a
which any kind of is a penal law clearly question of foresight on the part of
fault or negligence covering them the actor – FORESEABILITY.
intervenes  Even if a particular injury was
Liability of the
not foreseeable, the risk is still
Liability is direct and employer of the
primary in quasi- actor-employee is foreseeable if possibility of
delict subsidiary in crimes injury is foreseeable.
 Forseeability involves the
QUASI-DELICT question of PROBABILITY, that is,
 Whoever by act or omission causes the existence of some real
damage to another, there being fault likelihood of some damage and
or negligence is obliged to pay for the likelihood is of such
the damage done. (Article 2176 Civil appreciable weight reasonably to
Code) induce, action to avoid it.
Essential Requisites for a quasi- Calculation of Risk

delictual action:  Interests are to be balanced only in
1. Act or omission constituting fault or the sense that the purposes of the
negligence; actor, the nature of his act and the
2. Damage caused by the said act or harm that may result from action or
omission; and inaction are elements to be
3. Causal relation between the damage considered.
and the act or omission.
Circumstances to consider in
Tests of Negligence determining negligence: (PEST-GAP)
1. Did the defendant in doing the 1. Time
alleged negligent act use the 2. Place
reasonable care and caution which 3. Emergency
an ordinarily prudent person would  Emergency rule
have used in the same situation? GENERAL RULE: An individual who
 If not then he is guilty of suddenly finds himself in a situation
negligence. of danger and is required to act
2. Could a prudent man, in the case without much time to consider the
under consideration, foresee harm as best means that may be adopted to
a result of the course pursued? avoid the impending danger is not
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

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 (VC-
EDP), 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)
217
guilty of negligence if he fails to and appreciate the nature and

undertake what subsequently and consequence of his acts. (Taylor vs.
upon reflection may appear to be a Meralco, 16 Phil 8)
better solution.  Applying the provisions of the
EXCEPTION: When the emergency Revised Penal Code, Judge Sangco
was brought by the individual’s own takes the view that a child who is 9
negligence. (Valenzuela vs. CA 253 or below is conclusively presumed to
SCRA 303). be incapable of negligence. In the
4. Gravity of Harm to be other hand, if the child is above 9
avoided years but below 15, there is a
5. Alternative Course of Action disputable presumption of absence
 If the alternative of negligence.
presented to the actor is too  Absence of negligence does not
costly, the harm that may result necessarily mean absence of
may be still be considered liability.
unforeseeable to a reasonable
man.  Liability without fault: a child under
6. Social value or utility of 9 years can still be subsidiarily liable
activity with his property (Art. 100, RPC)
7. Person exposed to the risk  Absence of negligence of the child
may not excuse the parents from
GOOD FATHER OF A FAMILY (pater their vicarious liability under Art.
familias): 2180 NCC or Art. 221 FC.
- this is the standard of conduct used in
the Philippines 2. Physical Disability
- a man of ordinary intelligence and  Mere weakness of a person will
prudence or an ordinary reasonable not be an excuse in negligence
prudent man cases.
a reasonable man deemed to have  However if defect amounts to a
knowledge of the facts that a man should real disability the standard of
be expected to know based on ordinary conduct is that of a reasonable
human experience. (PNR vs IAC, 217 person under like disability.
SCRA 409)
- a prudent man who is expected to know 3. Experts and professionals
the basic laws of nature and physics, e.g.  They should exhibit the care and
gravity. skill of one who is ordinarily
skilled in the particular field that
SPECIAL RULES he is in.
1. Children  When a person holds himself out
 The action of the child will not as being competent to do things
necessarily be judged according to requiring professional skill, he
the standard of an adult. But if the will be held liable for negligence
minor is mature enough to if he fails to exhibit the care and
understand and appreciate the skill of one ordinarily skilled in
nature and consequence of his the particular work which he
actions, he will be considered attempts to do.
negligent if he fails to exercise due  An expert will not be judged
care and precaution in the based on what a non-expert can
commission of such acts. foresee.
 The rule regarding experts is
NOTES: applicable not only to
 The law fixes no arbitrary age at professionals who have
which a minor can be said to have undergone formal education.
the necessary capacity to understand
CIVIL LAW COMMITTEE

Rhodora
John Stephen
Purganan(LTD),
4. Nature of activity c.The fear that an insanity would

 There are activities which by lead to false claims of insanity
nature impose duties to exercise and avoid liability.
a higher degree of diligence.
Examples: 7. Women
a. Banks, by the very  In determining the
nature of their work, are question of contributory
expected to exercise the negligence in performing
highest degree of such act, the age, sex,
diligence in the selection and condition of the
and supervision of their passengers are
employees. circumstances
b. Common carriers are necessarily affecting the
required to exercise safety of the passenger,
extraordinary diligence and should be
in the vigilance over considered. (Cangco vs.
their passengers and Manila Railroad Co. GR
transported goods. No.12191, October 14,
(Article 1733 Civil Code). 1918)
 Although there is no
5. Intoxication unequivocal statement of
GENERAL RULE: Mere intoxication is the rule, Valenzuela vs.
not negligence, nor does the mere fact CA 253SCRA303 appears
of intoxication establish want of ordinary to require a different
care. But it may be one of the standard of care for
circumstances to be considered to prove women under the
negligence. circumstances indicated
EXCEPTION: Under Art. 2185 of the therein.
Civil Code, it is presumed that a person  However, Dean Guido
driving a motor vehicle has been Calabresi believes that
negligent if at the time of the mishap, there should be a
he was violating any traffic regulation. uniform standard
between a men and a
6. Insanity women.
 The insanity of
a person does Other Factors to Consider in
not excuse him Determining Negligence:
or his guardian A. VIOLATION OF RULES AND
from liability STATUTES
based on quasi- 1. Statutes
delict. GENERAL RULE: Violation of a
 Bases for statutory duty is NEGLIGENCE PER SE
holding an (Cipriano vs. CA, 263SCRA711). When the
insane person Legislature has spoken, the standard of
liable for his care required is no longer what a
tort: reasonably prudent man would do under
a.Where one of two innocent persons the circumstances but what the
must suffer a loss, it should be Legislature has commanded.
borne by the one who occasioned EXCEPTIONS:
it. a. When unusual conditions
b. To induce those interested in the occur and strict observance may
estate of the insane person to defeat the purpose of the rule and
restrain and control him. may even lead to adverse results.
b. When the statute
expressly provides that violation of

219
a statutory duty merely establishes by a train while crossing the tracks

a presumption of negligence. sought to establish absence of
negligence of its driver by
NOTE: Rule as to proof of proximate evidence of a custom of
cause automobile drivers of Manila by
GENERAL RULE: Plaintiff must show which they habitually drove their
that the violation of the statute is the cars over the railroad crossings
proximate or legal cause of the injury without slackening speed. The SC
or that it substantially contributed rejected the argument by ruling
thereto. (Sanitary Steam Laundry, Inc. that: a practice which is dangerous
vs. CA 300SCRA20) to human life cannot ripen into
EXCEPTION: In cases where the custom which will protect anyone
damage to the plaintiff is the damage who follows it.
sought to be prevented by the statute.
In such cases, proof of violation of C. COMPLIANCE WITH STATUTES
statute and damage to the plaintiff  Compliance with a statute is not
may itself establish proximate cause. conclusive that there was no
(Teague vs. Fernandez 51SCRA181). negligence.
 Example: A defendant can still be
2.Administrative Rule held liable for negligence even if
 Violation of a he can establish that he was
rule driving below the speed limit.
promulgated Compliance with the speed limit is
by not conclusive that he was not
administrative negligently driving his car.
agencies is not
negligence per Gross Negligence - Negligence where
se but may be there is “want of even slight care and
EVIDENCE OF diligence.”
NEGLIGENCE.
PROOF OF NEGLIGENCE
3.Private Rules of Conduct. GENERAL RULE:
 Violation of  If the plaintiff alleged in his
rules imposed complaint that he was damaged
by private because of the negligent acts of
individuals the defendant, the plaintiff has
(e.g. the burden of proving such
employers) is negligence. (Taylor vs.
merely a MERALCO 16Phil8)
POSSIBLE
EVIDENCE OF  The quantum of proof required is
NEGLIGENCE. preponderance of evidence.
(Rule 133 Revised Rules of
B. PRACTICE AND CUSTOM Court)
EXCEPTIONS: Exceptional cases when
 Compliance with the practice and the rules or the law provides for cases
custom in a community will not
when negligence is presumed.
automatically result in a finding
A. Presumptions of Negligence
that the actor is not guilty of
B. Res Ipsa Loquitur
negligence. Non-compliance with
the practice or custom in the
A. Presumptions of Negligence
community does not necessarily
mean that the actor was negligent. 1. In motor vehicle
mishaps, the owner is
 In Yamada vs. Manila Railroad Co., presumed negligent if he
the owner of an automobile struck was in the vehicle and he
CIVIL LAW COMMITTEE
Rhodora
John Stephen
Purganan(LTD),
could have used due

diligence to prevent the Requisites of Res Ipsa Loquitor:
misfortune. (Article 2184 1. The accident was of a kind which
Civil Code) ordinarily does not occur in the
2. It is disputably presumed absence of someone’s negligence;
that a driver was 2. The instrumentality which
negligent if he had been caused the injury was under the
found guilty of reckless exclusive control and management of
driving or violating the person charged with negligence;
traffic regulations at and
least twice for the next 3. The injury suffered must not
preceding two months. have been due to any voluntary
(Article 2184 Civil Code) action or contribution on the part of
3. The driver of a motor the person injured; absence of
vehicle is presumed explanation by the defendant.
negligent if at the time
of the mishap, he was  In Africa vs. Caltex (Phil.) Inc.
violating any traffic Mar 31, 1966, defendant Caltex
regulation. (Article 2185 was liable for damage done to
Civil Code) the property of its neighbors
4. GENERAL RULE: Prima when fire broke out in a Caltex
facie presumption of service station. The gasoline
negligence of the station, with all its appliances,
defendant arises if death equipment and employees, was
or injury results from his under the control of the
possession of dangerous defendant. The persons who
weapons or substance. knew how the fire started were
EXCEPTION: When such possession or the defendant and its
use is indispensable to his occupation or employees, but they gave no
business. (Article 2188 Civil Code) explanation whatsoever.
5. GENERAL RULE:  The doctrine is not applicable if
Presumption of there is direct proof of absence
negligence of the or presence of negligence. (S.D.
common carrier arises in Martinez, et al vs. William Van
case of loss, destruction Buskirk)
or deterioration of the
goods, or in case of AFFIRMATIVE DUTIES AND
death or injury of MISCELLANEOUS ACTIVITIES:
passengers. 1. Duty to Rescue
EXCEPTION: Upon proof of exercise of A. Duty to the rescuer
extraordinary diligence.  The defendants are liable for
the injuries to persons who
B. Res Ipsa Loquitur rescue people in distress
 “The thing or transaction speaks because of the acts or
for itself.” omissions of the said
defendants.
 It is a rule of evidence peculiar
to the law of negligence which  There is liability to the
recognizes that prima facie rescuer and the law does not
negligence may be established in discriminate between the
the absence of direct proof, and rescuer oblivious to the peril
furnishes a substitute for specific and the one who counts the
proof of negligence. costs.
 The risk of rescue, if only not
wanton, is born of the
occasion.

221
 One who was hurt trying to Doctrine of Attractive Nuisance

rescue another who was One who maintains on his premises
injured through negligence dangerous instrumentalities or
may recover damages. appliances of a character likely to
(Santiago vs. De leon CA-GR attract children in play, and who
No.16180-R March 21, 1960) fails to exercise ordinary care to
 Danger of personal injury or prevent children from playing
death. 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
B. Duty to rescue reservoir of water is NOT considered
attractive nuisance. (Hidalgo
GENERAL RULE: There is no general
Enterprises vs. Baladan 91 Phil 488)
duty to rescue; a person is not liable for
State of Necessity
quasi-delict even if he did not help a
The owner of a thing has no right to
person in distress.
prohibit the interference of another
EXCEPTIONS: A limited duty to rescue
with the same if the interference is
is imposed in certain cases:
necessary to avert imminent danger
Abandonment of persons in danger and
and the threatened damage,
abandonment of one’s own victim is
compared to the damage arising to
considered, under certain circumstances
the owner from the interference, is
as a crime against security (Article 275
much greater. (Article 432 Civil
RPC); and
Code)
No driver of a motor vehicle concerned
 It is also a recognized justifying
in a vehicular accident shall leave the
circumstance under the RPC.
scene of the accident without aiding the
victim unless he is excused from doing  In both the Civil Code and the
so. (Section 55 RA 4136 [Land RPC, the owner may demand from
Transportation and traffic Code]) the person benefited, indemnity for
the damages.
2. Owners, Proprietors and Possessors
of Property Use of properties that injures another
GENERAL RULE: The owner has no duty  An owner cannot use his property
to take reasonable care towards a in such a manner as to injure the
trespasser for his protection or even to rights of others. (Article 431
protect him from concealed danger. Civil Code).
NOTE: Damage to any person resulting  Hence the exercise of the right
from the exercise of any rights of of the owner may give rise to an
ownership is damage without injury action based on quasi-delict if
(Damnum absque injuria) the owner negligently exercises
such right to the prejudice of
EXCEPTIONS: another.
a. Visitors and tolerated possession
 The owner is still liable if the Liability of Proprietors of buildings
plaintiff is inside his property by  New Civil Code include provisions
tolerance or by implied permission. that apply to proprietors of a
 Owners of buildings or building or structure which
premises owe duty of care to involve affirmative duty of due
visitors. care in maintaining the same:
Articles 2190 and 2191.
 Third persons who suffered
damages may proceed only
CIVIL LAW COMMITTEE
Rhodora
John Stephen
Purganan(LTD),
against the engineer or architect  From the nature of their

or contractor if the damage business and for reasons of
referred to in Articles 2190 and public policy, they are bound
2191should be a result of any to exercise extraordinary
defect in construction. diligence in the vigilance over
 Nevertheless, actions for the goods and the safety of the
damages can still be maintained passengers.
under Article 2176 for damages  The case against the common
resulting from proprietor’s carrier is for the enforcement
failure to exercise due care in of an obligation arising from
the maintenance of his building breach of contract.
and that he used his property in  The same act which breached
such a way that he injured the the contract may give rise to
property of another. an action based on quasi
delict. (Air France vs
3. Employers and Employees Carrascoso, L21438, Sept. 28,
A. Employers 1996)
 Actions for quasi-delict can
still be maintained even if 6. Doctors
employee’s compensation is provided A. STANDARD OF CARE
for under the Labor Code.
 The proper standard is
 In quasi-delictual actions
whether, the physician if a
against the employer, the employee
general practitioner, has
may use the provisions of the Labor
exercised the degree of care
Code which imposes upon the
and skill of the average
employer certain duties with respect
qualified practitioner, taking
to the proper maintenance of the
into account the advances in
work place or the provisions of
the profession.
adequate facilities to ensure the
safety of the employees.  A physician who holds himself
 Articles 1711 and 1712 of out as a specialist should be
the Civil Code impose liability held to the standard of care
without fault on the part of the and skill of the average
employers. member of the profession
practicing the specialty, taking
B. Employees into account the advances in
the profession.
 Employees are bound to exercise due
care in the performance of their B. THE CAPTAIN OF THE SHIP DOCTRINE
functions for the employers; absence
 The head surgeon is made
such due care, the employee may be
liable for everything that goes
held liable.
wrong within the four corners
of the operating room.
4. Banks
 It enunciates the liability of
 The business of banks is one the surgeon not only for the
affected by public interest. wrongful acts of those under
Because of the nature of its his physical control but also
functions, a bank is under those wherein he has extension
obligation to treat the of control.
accounts of its depositors with C. NOT WARRANTORS
meticulous care, always  Physicians are not warrantors
having in mind the fiduciary of cures or insurers against
nature of their relationship. personal injuries or death of
(PBC vs. CA [1997]) the patient.
5. Common carriers D. PROOF
223
 Expert testimony should be  The contract between the

offered to prove that the consultant and the patient is
circumstances are constitutive separate and distinct the
of conduct falling below the contract between the hospital
standard of care employed by and the patient. The first has
other physicians in good for its object the rendition of
standing when performing the medical services by the
same operation. consultant to the patient, while
 Medical malpractice can also the second concerns the
be established by relying on provision by the hospital of
the doctrine of res ipsa facilities and services by its staff
loquitor; in which case the such as nurses and laboratory
need of expert testimony is personnel necessary for the
dispensed with because the proper treatment of the patient.
injury itself provides the proof (Ramos vs. CA GR No 124354,
of negligence. (Ramos vs. CA, April 11, 2002)
GR No.124354, December 29,
1999) 7. Lawyers
 Example: The doctrine was  An attorney is not bound to
applied in a case of removal of exercise extraordinary
the wrong part of the body diligence but only a reasonable
when another part was degree of care and skill, having
intended. reference to the business he
undertakes to do.
 Two pronged evidence:
a. Evidence as to the DEFENSES IN NEGLIGENCE CASES
recognized standards of the medical Kinds of defenses:
community in the particular kind of A. Complete – completely bars
case; and recovery
b. A showing that the B. Partial – mitigates liability
physician departed from this
standard in his treatment. 1. PLAINTIFFS CONDUCT AND
CONTRIBUTORY NEGLIGENCE
 Four elements a. Plaintiffs own
in medical negligence as the proximate
negligence cause
cases: duty,
breach, injury  When the plaintiffs own
and proximate negligence was the immediate and
causation proximate cause of his injury, he
cannot recover damages. (Article
E. LIABILITY OF HOSPITALS AND 2179 Civil Code)
CONSULTANTS b. Contributory
negligence
 There is no employer-employee
relationship between the  Conduct on the part of the
hospital and a physician injured party contributing as a
admitted in the said hospital’s legal cause to the harm he has
medical staff as an active or suffered which falls below the
visiting consultant which would standard to which he is required to
hold the hospital liable solidarily conform for his own protection.
liable for the injury suffered by a (Valenzuela vs. CA 253SCRA303)
patient under Article 2180 of the  If the plaintiffs negligence was
Civil Code. (Ramos vs. CA GR No only contributory, the immediate
124354, April 11, 2002) and proximate cause of the injury
being the defendant’s lack of due
CIVIL LAW COMMITTEE
Rhodora
John Stephen
Purganan(LTD),
care, the plaintiff may recover if it can be foreseen, it must be

damages but the courts shall impossible to avoid;
mitigate the damages to be c. The occurrence must be such as
awarded (Article 2179 Civil Code). to render it impossible for the
 Doctrine of Comparative debtor to fulfill his obligation in a
Negligence normal manner; and
 The d. The obligor must be free
relative degree of negligence of from any participation in the
the parties is considered in aggravation of the injury resulting
determining whether and to what to the creditor.
degree, either should be NOTE: When an act of God concurs
responsible for his negligence with the negligence of defendant to
(apportionment of damages). produce an injury, the defendant is
 This is liable if the injury would not have
resulted but for his own negligent
the doctrine being applied in our
conduct or omission. The whole
jurisdiction wherein the
occurrence is humanized and removed
contributory negligence of the
from the rules applicable to acts of
plaintiff does not completely bar
God. (NAPOCOR vs. CA [1993])
recovery but merely results in
mitigation of liability; it is a partial GENERAL RULE: It is a complete
defense. defense and a person is not liable if
the cause of the damage is a fortuitous
 The event.
court is free to determine the
EXCEPTION: It is merely a partial
extent of the mitigation of the
defense and the courts may mitigate
defendant’s liability depending
the damages if the loss would have
upon the circumstances.
resulted in any event (Art. 2215(4)
Civil Code).
2. IMPUTED CONTRIBUTORY
NEGLIGENCE
4. ASSUMPTION OF RISK
 Negligence is imputed if the
actor is different from the person  Volenti non fit injuria: One is not
who is being made liable. legally injured if he has consented
to the act complained of or was
 The defendant will be
willing that it should occur.
subject to mitigated liability even if
the plaintiff was not himself  It is a complete defense.
personally negligent but because the  Elements:
negligence of another is imputed to a. The plaintiff must know that
the plaintiff. the risk is present;
 It is applicable if the b. He must further understand
negligence was on the part of the its nature; and that
person for whom the plaintiff is c. His choice to incur it is free
responsible, and especially, by and voluntary.
negligence of an associate in the  KINDS:
transaction where he was injured. a. Express
waiver of
3. FORTUITOUS EVENTS the right
 Essential requisites: to recover
a.The cause of the unforeseen and  There is assumption
unexpected occurrence, or of the of risk if the
failure of the debtor to comply plaintiff, in advance
with his obligation, must be has expressly waived
independent of the human will; his right to recover
b. It must be impossible to damages for the
foresee the event which negligent act of the
constitutes the “caso fortuito,” or defendant.
225
NOTE: A person cannot contract away his assume the risks which are usually
right to recover damages resulting from present in such activities.
negligence. Such waiver is contrary to  EXAMPLE: A professional
public policy and cannot be allowed. athlete is deemed to assume the
However, the waiver contemplated by risks of injury to their trade.
this prohibition is the waiver of the right iv. Defendant’s negligence
to recover before the negligent act was  When the plaintiff is aware of
committed. the risk created by the defendant’s
If waiver was made after the cause negligence, yet he voluntarily
of action accrued, the waiver is valid and decided to proceed to encounter it,
may be construed as a condonation of there is an implied admission.
the obligation.  EXAMPLE: If the plaintiff has
been supplied with a product which
b. Implied he knows to be unsafe, he is deemed
Assumptio to have assumed the risk of using
ns such unsafe product.
i. Dangerous Conditions
 A person who, knowing that he 5. DEATH OF THE DEFENDANT
is exposed to a dangerous condition  Death of the defendant does not
voluntarily assumes the risk of such extinguish the obligation based
dangerous condition may not recover on quasi-delict.
from the defendant who maintained  An action survives even if the
such dangerous conditions. defendant dies during the
 Example: A person who main- pendency of the case if the case
tained his house near a railroad track is an action to recover for an
assumes the usual dangers attendant injury to persons or property by
to the opera-tion of a locomotive. reason of tort committed by the
(Rodrigueza vs. Manila Railroad Co., deceased. It is no defense at all.
GR No. 15688, Nov. 19, 1921).
ii. Contractual Relations
 There may be implied 6. PRESCRIPTION
assumption of risk if the plaintiff  An action based on quasi-delict
entered into a contractual relation prescribes in four years from the
with the defendant. By entering into date of the accident. (Article
a relationship freely and voluntarily 1146 Civil Code)
where the negligence of the
defendant is obvious, the plaintiff Relations Back Doctrine
may be found to accept and consent  An act done at one time is
to it. considered by fiction of law to have
 EXAMPLES: been done at some antecedent
a) The employees assume the period. (Allied Banking Corp vs. CA,
ordinary risks inherent in the 1989)
industry in which he is employed.  EXAMPLE: A doctor negligently
- As to abnormal risks, there transfused blood to a patient that
must be cogent and convincing was contaminated with HIV. If the
evidence of consent. effect became apparent only after
b) When a passenger boards a five (5) years, the four (4) year
common carrier, he takes the risks prescriptive period should commence
incidental to the mode of travel he only when it was discovered.
has taken.
iii. Dangerous Activities 7. INVOLUNTARINESS
 Persons who voluntarily
 It is a complete defense in quasi-
participate in dangerous activities
delict cases and the defendant is
therefore not liable if force was
CIVIL LAW COMMITTEE
Rhodora
John Stephen
Purganan(LTD),
exerted on him. (Aquino, Torts another. (Africa vs.

and Damages) Caltex)
 EXAMPLE: When the defendant  Where several causes
was forced to drive his vehicle by producing the injury are
armed men. He was, at pain of concurrent and each is
death, forced to drive at a very an efficient cause
fast clip because the armed men without which the injury
were escaping from the would not have
policemen. The defendant happened, the injury
cannot be held liable, if a may be attributed to all
bystander is hit as a or any of the causes and
consequence. recovery may be had
against any or all of the
CAUSATION responsible persons.
 Where the concurrent or
Proximate Cause
successive negligent
 That cause which in natural and acts or omissions of two
continuous sequence, unbroken or more persons,
by any efficient intervening although acting
cause, produces the injury, independently, are in
without which the result would combination the direct
not have occurred. and proximate cause of
a single injury to a third
Remote Cause person, and it is
 That cause which some impossible to determine
independent force merely took what proportion each
advantage of to accomplish contributed to the
something not the natural effect injury, either of them is
thereof. responsible for the
whole injury, even
Nearest Cause though his act alone
 That cause which is the last link might not have caused
in the chain of events; the the entire injury; they
nearest in point of time or become joint tort-
relation. feasors and are
 Proximate cause is not solidarily liable for the
necessarily the nearest cause resulting damage under
but that which is the procuring Article 2194 of the Civil
efficient and predominant Code.
cause.
Concurrent Causes NOTE: Primary cause remains the
proximate cause even if there is an
 The actor is liable even intervening cause which merely
if the active and
cooperated with the primary cause and
substantially
which did not break the chain of
simultaneous operation
causation.
of the effects of a third
person’s innocent,
Tests of Proximate Cause
tortious or criminal act
 Two-part test
is also a substantial
1. Cause-in-fact Test
factor in bringing about
2. Policy Test
the harm so long as the
NOTE: In determining the proximate
actor’s negligent
cause of the injury, it is first necessary
conduct actively and
to determine if the defendant’s
continuously operate to
negligence was the cause-in-fact of the
bring about harm to

227
damage to the plaintiff. (Cause-in-fact Two ways by which co-presence may

test) manifest itself:
 If the a. Duplicative causation
defendant’s negligence was not  When two or more sets operate
the cause-in-fact, the inquiry simultaneously to produce the
stops. effect; the effect is over-
determined.
 If it is, the
b. Pre-emptive causation
inquiry shifts to the question of limit
of the defendant’s liability. (Policy  When, though coming about first
test) in time, one causal set trumps
CAUSE-IN-FACT TESTS: another potential set lurking in the
1. But-For Test background; the causal potency of
 The defendant’s conduct is the the latter is frustrated.
cause-in-fact if damage would
not have resulted had there been  Multiple causation
no negligence on the part of the  If there are a number of
defendant. Conversely, candidate conditions, which,
defendant’s negligent conduct is taken one at a time, would not
not the cause in fact of the in fact have been sufficient to
plaintiff’s damage if the cause the accident and the
accident could not have been accident was a cumulative effect
avoided in the absence thereof. of all the candidate conditions.
2. Substantial Factor test Policy Tests:

 The conduct is the cause-in-fact 1. Foreseea
of the damage if it was a bility Test
substantial factor in producing 2. Natural
the injuries. and Probable Consequence Test
 In order to be a substantial 3. Natural
factor in producing the harm, and Ordinary or Direct Consequence
the causes set in motion by the Test
defendant must continue until 4. Hindsight
the moment of the damage or at Test
least down the setting in motion 5. Orbit of
of the final active injurious force Risk Test
which immediately produced or 6. Substanti
preceded the damage. al Factor
NOTE: If the defendant’s conduct was Test
already determined to be the cause in
fact of the plaintiff’s damage under the Policy Tests may be divided into Two
but for test, it is necessarily the cause in Groups:
fact of the damage under the substantial 1. FORESIGHT PERSPECTIVE/
factor test. FORESEEABILITY TESTS
 The defendant is not liable for
3. NESS Test the unforeseeable consequences
of his acts
 The candidate condition may still  Liability is limited within the risk
be termed as a cause where it is created by defendants’ negligent
shown to be a necessary element acts.
in just one of several co-present
causal set each independently 2. DIRECT PERSEPECTIVE/ DIRECT
sufficient for the effect. COSEQUENCES TESTS
 The defendant
is liable for
CIVIL LAW COMMITTEE
Rhodora
John Stephen
Purganan(LTD),
damages which provision of the Article 2202 of the New

are beyond the Civil Code; a person may be held liable
risk. whether the damage to the plaintiff may
 Direct be unforeseen.
consequences Cause and Conditions
are those  It is no longer practicable to
which follow in distinguish between cause and
sequence from condition.
the effect of  The defendant may be liable even if
defendants act only created conditions, if the
upon conditions resulted in harm to either
conditions person or property.
existing and  EXAMPLES of Dangerous Conditions:
forces already 1. Those that are
in operation at inherently
the time dangerous
without 2. Those where a
intervention of person places a
any external thing which is
forces, which not dangerous in
come into itself in a
active dangerous
operation position.
later. 3. Those involving
products and
Tests applied in the Philippines: other things
 New Civil Code has a which are
chapter on Damages dangerous
which specifies the kind because they are
of damage for which the defective.
defendant may be held
liable and the extent of Efficient Intervening Cause
damage to be awarded  One which destroys the causal
to the plaintiff. connection between the
Cause-in-fact Tests: negligent act and the injury and
1. But-for test thereby negatives liability.
2. Substantial  There is NO efficient intervening
Factor test cause if the force created by the
3. NESS test negligent act or omission have
 Policy either:
test: 1. Remained active itself, or
The 2. Created another force which
directne remained active until it directly
ss caused the result, or
approac 3. Created a new active risk of
h is being acted upon by the active force
being that caused the result.
applied EXAMPLE: The medical findings, show
in this that the infection of the wound by
jurisdict tetanus was an efficient intervening
ion. cause later or between the time Javier
was wounded to the time of his death.
NOTE: The definition of proximate cause (People vs. Rellin 77 Phil 1038)
which includes the element of foresight
is not consistent with the express NOTES:

229
 A cause ent
is not an cause in
interveni the
ng cause resulting
if it was injury.
already
in CONTRIBUTORY NEGLIGENCE
operatio A. Plaintiff’s negligence is
n at the the cause
time the  Plaintiff’s
negligent negligence is
act is not contributory
committ if it is necessary
ed. and sufficient to
 Foreseea produce the
ble result.
interveni  EXAMPLES:
ng causes 1. Only the
cannot plaintiff
be was
consider negligent
ed .
sufficient 2. Defendan
interveni t’s
ng negligenc
causes. e is not a
 The part of
intervent the
ion of causal
unforese set which
en and is a part
unexpect of the
ed cause causal
is not chain.
sufficient 3. Plaintiff’
to s
relieve negligenc
the e was
wrongdo pre-
er from emptive
conseque in
nces of nature.
negligenc
e if such B. Compound Causes
negligenc  P
e l
directly a
and i
proximat n
ely t
cooperat i
es with f
the f
independ ’
CIVIL LAW COMMITTEE
Rhodora
John Stephen
Purganan(LTD),
s i
s
n
e s
g u
l f
i f
g i
e c
n i
c e
e n
t
m
a t
y o
h b
a r
v i
e n
g
d
u a
p b
l o
i u
c t
a
t t
i h
v e
e
e
e f
f f
f e
e c
c t
t
, b
u
t t
h
a h
t i
s
i
t n
, e
g
i l
t i
g

231
e t
n t
c e
e r
’
o s
c
c n
u e
r g
s l
i
s g
i e
m n
u c
l e
t
a i
n s
e
o e
u q
s u
l a
y l
l
w y
i
t s
h u
f
t f
h i
e c
i
d e
e n
f t
e
n b
d u
a t
n
t n
; o
t
t
h n
e e
c
l e
a s
CIVIL LAW COMMITTEE

Rhodora
John Stephen
Purganan(LTD),
s i
a l
r l
y h
a
t v
o e
b r
r e
i s
n u
g l
t
a e
b d
o
u d
t u
e
t
h t
e o
e t
f h
f e
e
c n
t e
g
b l
e i
c g
a e
u n
s c
e e
d o
a f
m
a t
g h
e e
w p
o l
u a
l i
d n
t
s i
t f

233
f a
. u
 P s
l e
a
i i
n t
t
i i
f s
f
’ a
s
c
n o
e n
g c
l u
i r
g r
e i
n n
c g
e
p
i r
s o
x
n i
o m
t a
t
m e
e
r c
e a
l u
y s
e
c .
o  N
n o
t
r r
i e
b c
u o
t v
o e
r r
y y
b c
e a
c
CIVIL LAW COMMITTEE
Rhodora
John Stephen
Purganan(LTD),
n matter of degree of
participation.
b
e D. Defendant’s Negligence
is the Only cause
h  Defendant’s negligence was
a sufficient AND necessary to
d bring about the injury.
.  However, if plaintiff’s
negligence increased or
( aggravated the resulting
A damage or injury liability of
q the defendant should also be
u mitigated under contributory
i negligence rule or under the
n doctrine of avoidable
o consequences.
, Doctrine of Last Clear Chance or
Discovered Peril
T  The negligence of the plaintiff
o does not preclude a recovery for
r the negligence of the defendant
t where it appears that the
s defendant, by exercising
reasonable care and prudence,
a might have avoided injurious
n consequences to the plaintiff
d notwithstanding the plaintiff’s
negligence.
D
Alternative Views:
a
1. Prevailing view
m
a  Doctrine is applicable in
g this jurisdiction.
e  Even if plaintiff was
s guilty of antecedent
) negligence, the
defendant is still liable
C. Part of the same causal because he had the last
set clear chance of avoiding
 Neither plaintiff’s negligence the injury.
nor defendant’s negligence
alone is sufficient to cause 2. Minority View
the injury; the effect would  The historical function of the
result only if both are present doctrine was to mitigate the
together with normal harshness of the common law
background conditions. rule of contributory
 Negligence of the plaintiff negligence which prevented
cooperated with the any recovery at all by the
negligence of the defendant plaintiff who was also
in order to bring about the negligent even if his
injury; determination of negligence was relatively
proximate cause is only a minor as compared with the
wrongful act or omission of
the defendant.
235
 The doctrine has no role in certain to result

this jurisdiction where from it.
common law concept of
contributory negligence has  They are found in
itself been rejected in Article Chapter 2 of the
2179 of the Civil Code. Preliminary Title of
the NCC entitled
3. Third View “Human Relations”.
Although this chapter
 There can be no conflict
covers negligent
between the doctrine of last
acts, the torts
clear chance and doctrine of
mentioned herein
comparative negligence if the
are mostly
former is viewed as a rule or
intentional in nature
phrase of proximate cause;
or torts involving
 However, the doctrine of last malice or bad faith.
clear chance is no longer
applicable if the force HUMAN RELATIONS
created by the plaintiff’s 1. Principle of Abuse of Rights
negligence continues until the (ART.19)
happening of the injurious
event.
 Elements:
a. Legal right or duty;
Cases when the doctrine was held b. The right or duty is exercised in bad
inapplicable (PICCA) faith; and
c. For the sole intent of prejudicing or
1. If the plaintiff was not
injuring another.
negligent.
 E
2. The party charged is required to X
act instantaneously, and if the A
injury cannot be avoided by the M
application of all the means at P
hand after the peril is or should L
have been discovered. E
3. If defendant’s negligence is a :
concurrent cause and which was If
still in operation up to the time t
the injury was inflicted. h
4. Where the plaintiff, a passenger, e
filed an action against a carrier p
based on contract. ri
5. If the actor, though negligent, n
was not aware of the danger or c
risk brought about by the prior i
fraud or negligent act. p
a
B. INTENTIONAL TORTS l
 Include conduct u
where the actor n
desires to cause the r
consequences of his e
act or believes that a
the consequences s
are substantially o
n
CIVIL LAW COMMITTEE
Rhodora
John Stephen
Purganan(LTD),
a e
b l
l a
y v
t s
e .
r C
m A
i ,
n 1
a 9
t 0
e S
d C
a R
n A
a
g 1
e )
n NOTE: This rule is a departure from the
c traditional view that a person is not
y liable for damages resulting from the
a exercise of ones right.
g
r 2. Article 20 of the Civil Code
e  Speaks
e of the
m general
e sanction
n for all
t other
f provisio
o ns of
r law
s which
e do not
lf especial
i ly
s provide
h for their
r own
e sanction
a .
s NOTE: Article 20 does not distinguish;
o the act may be done willfully or
n negligently.
s
. 3. Acts contra bonus mores (Article 21
( Civil Code)
V  Elements:
a a. Act which is legal;
l
e
b. The act is contrary to morals, good
customs, public order or public
n
policy; and
z
c. The act is done with intent to injure.
u

237
NOTE: Damages are recoverable even if  Defendant is liable for all

no positive law was violated. forms of sexual assault
 Kinds: including crimes defined
a. Breach of promise to marry under the RPC as rape, acts
GENERAL RULE: Breach of promise to of lasciviousness and
marry by itself is not actionable. seduction.
EXCEPTION: In cases where there is
another act independent of the breach d. Desertion by a spouse
of promise to marry which gives rise to  A spouse has a legal
liability: obligation to live with his/her
1. Cases where there was financial spouse.
damage.
2. Social humiliation caused to one  If a spouse does not perform
of the parties. his/her duty to the other, he
3. Where there was moral may be liable for damages for
seduction. such omission because the
NOTES: same is contrary to law,
morals, good customs and
 Moral seduction, although not public policy.
punishable, connotes the idea of
deceit, enticement, superior power e. Trespass and Deprivation of
or abuse of confidence on the part of Property
the seducer to which the woman has
yielded. (Gashem Shokat Baksh vs.
 2 KINDS:
CA) 1) Trespass to and/or
deprivation of real property
 Sexual intercourse is not by itself a  Liability for damages under
basis for recovery; damages could the RPC and Article 451 of the Civil
only be awarded if the sexual Code requires intent or bad faith.
intercourse is not a product of  Article 448 of the Civil Code
voluntariness or mutual desire. in relation to Article 456 does not
permit action for damages where the
b. Seduction without breach of builder, planter, or sower acted in
promise to marry good faith. The landowner is limited
 Seduction, by itself, is also an to the options given to him under
act contrary to morals, good article 448, that is to appropriate
customs and public policy. whatever is built or planted or to
compel the builder or planter to
 The defendant is liable if he purchase the portion encroached
employed deceit, upon. (Aquino, Torts and Damages)
enticement, superior power
or abuse of confidence in  A builder in good faith who
successfully having sexual acted negligently may be held liable
intercourse with another even under Art. 2176 NCC.
if he satisfied his lust without 2) Trespass to or deprivation of
promising to marry the personal property
offended party.  In the field of tort, trespass
 It may not even matter that extends to all cases where a person
the plaintiff and the is deprived of his personal property
defendant are of the same even in the absence of criminal
gender. liability.
NOTE: It may cover cases where the
defendant was deprived of personal
c. Sexual assault property for the purpose of obtaining
possession of real property
CIVIL LAW COMMITTEE

Rhodora
John Stephen
Purganan(LTD),
 EXAMPLE: The defendant  The right of the employer to

who was landlord, was held liable dismiss an employee should
because he deprived the plaintiffs, not be confused with the
his tenants, of water in order to manner in which the right is
force them to vacate the lot they exercised and the effects
were cultivating. (Magbanua vs. IAC flowing therefrom;
137 SCRA 352)  If the dismissal was done anti-
3) Disconnection of electricity socially and oppressively, the
or gas service employer should be deemed
 The right to to have violated Article 1701
disconnect and deprive the of the Civil Code (which
customer, who unreasonably fails to prohibits acts of oppression
pay his bills, of electricity should be by either capital or labor
exercised in accordance with the law against the other) and Article
and rules. 21 NCC.
 Example: If a  An employer may be held
company disconnects the electricity liable for damages if the
service without prior notice as manner of dismissing is
required by the rules, the company contrary to morals good
commits a tort under Article 21 NCC. customs and public policy.
 EXAMPLE: False imputation
f. Abortion and Wrongful Death of misdeed to justify dismissal
 Damages may be recovered or any similar manner of
by both spouses if: dismissal which is done
1) the abortion was caused abusively.
through the physician’s
negligence, or h. Malicious Prosecution
2) was done intentionally  An action for damages
without their consent brought by one against
 Husband of a another whom a criminal
woman who prosecution, civil suit, or
voluntarily other legal proceeding has
procured her been instituted maliciously
abortion may and without probable cause,
recover after the termination of such
damages from prosecution, suit or
the physician proceeding in favor of the
who caused the defendant therein.
same on  The gist of the action is
account of putting legal process in force
distress and regularly, for mere purpose of
mental anguish vexation or injury. (Drilon vs.
attendant to the CA [1997])
loss of the
unborn child  Elements:
and the 1. The fact of the prosecution and
disappointment the further fact that the
of his parental defendant was himself the
expectation. prosecutor; and that the action
(Geluz vs. CA was finally terminated with an
2SCRA802) acquittal;
2. That in bringing the action, the
g. Illegal Dismissal prosecutor acted without
probable cause;

239
3. The prosecutor was actuated or recovera

impelled by legal malice. ble even
though
NOTES: no
 Malice is the positive
inexcusable intent to law was
injure, oppress, vex, violated
annoy or humiliate. .
 Presence of probable  An
cause signifies absence action
of malice. can only
prosper
 Absence of malice
when
signifies good faith on
damage,
the part of the
material
defendant; good faith
or
may even be based on
otherwis
mistake of law.
e, was
 Acquittal presupposes suffered
that a criminal by the
information is filed in plaintiff
court and final . An
judgment rendered action
dismissing the case; based
nevertheless, prior on
acquittal may include Articles
dismissal by the 19-21
prosecutor after will be
preliminary dismisse
investigation. (Globe d if the
Mackay and Radio Corp. plaintiff
vs. CA; Manila Gas Corp merely
vs. CA) seeks
“recogn
i. Public Humiliation ition”.
 Damages may be awarded in  Under
cases where the plaintiff Articles
suffered humiliation through 19 and
the positive acts of the 21, the
defendant directed against defenda
the plaintiff. nt may
 Example: The defendant was likewise
held liable for damages under be
Art. 21 for slapping the guilty of
plaintiff in public. (Patricio a tort
vs. Hon. Oscar Leviste, even if
[1989]) he acted
in good
NOTES: faith.
 Under (Grand
Article Union
21, Superm
damages arket
are
CIVIL LAW COMMITTEE
Rhodora
John Stephen
Purganan(LTD),
vs. ordinary
Espino) sensibilities. It
is relative to the
TORTS AGAINST HUMAN DIGNITY customs of time
TYPES: and place and is
1. Violation of the right of privacy determined by
 Reasonableness of a person’s the norm of an
expectation of privacy depends ordinary person.
on a two-part test:
a) Whether by his conduct, the Four Types of Invasion of Privacy
individual has exhibited an a. Intrusio
expectation of privacy. n upon plaintiff’s seclusion or solitude
b) Whether this expectation is one or into his private affairs
that the society recognizes as  It is not limited to cases where
reasonable. the defendant physically trespassed into
another’s property. It includes cases
NOTES: when the defendant invades one’s
GENERAL RULE: Right to privacy can privacy by looking from outside
be invoked only by natural persons; (Example: “peeping-tom”).
Juridical persons cannot invoke such GENERAL RULE: There is no invasion of
right because the entire basis of right to right to privacy when a journalist records
privacy is an injury to the feelings and photographs or writes about something
sensibilities of a party, a corporation that occurs in public places.
would have no such ground. EXCEPTION: When the acts of the
EXCEPTION: Right against unreasonable journalist should be to such extent that
searches and seizure can be invoked by a it constitutes harassment or overzealous
juridical entity. shadowing.
The freedom of the press has never
GENERAL RULE: Right to privacy is been construed to accord newsmen
purely personal in nature, hence: immunity from tort or crimes committed
1) It can be invoked only by during the course of the newsgathering.
the person whose privacy  There is no intrusion when an
is claimed to have been employer investigates an employee or
violated. when the school investigates its student.
2) It can be subject to  RA 4200 makes it illegal for any
waiver of the person person not authorized by all the parties
whose privacy is sought to any private communication to secretly
to be intruded into. record such communication by means of
3) The right ceases upon a tape recorder (Ramirez vs CA, Sept.
the death of the person. 28, 1995)
EXCEPTION: A privilege may be given  Use of a telephone extension for
to the surviving relatives of a deceased purposes of overhearing a private
person to protect his memory but the conversation without authorization does
privilege exist for the benefit of the not violate RA 4200.
living, to protect their feelings and to NOTE: There are instances where the
prevent the violation of their own rights school might be called upon to exercise
in the character and memory of the its power over its student for acts
deceased. committed outside the school premises
 Standard to be and beyond school hours in the
applied in following:
determining if 1. In cases of violation of school
there was a policies or regulations occurring in
violation of the connection with school sponsored
right is that of a activity off-campus; or
person with

241
2. In cases where the misconduct of objectionable false light or false

the student involves his status as a position.
student or affects the good name EXAMPLE: Defendant was held liable
and reputation of the school. for damages when he published an
unauthorized biography of a famous
b. Publicat baseball player exaggerating his
ion of Embarrassing Private Facts feats on the baseball field,
 Requisites: portraying him as a war hero. (Spahn
1. Publicity is given to any private vs. Messner)
or purely personal information about  If the publicity given to the
a person; plaintiff is defamatory, hence an
2. Without the latter’s consent; and action for libel is also warranted; the
3. Regardless of whether or not action for invasion of privacy will
such publicity constitutes a criminal afford an alternative remedy.
offense, like libel or defamation, the  May be committed by the media
circumstance that the publication by distorting a news report.
was made with intent of gain or for
commercial and business purposes Tort of Putting Defamation
invariably serves to aggravate the Another in False
violation of the right. Light
1. As to gravamen of claim
The gravamen of The gravamen of
 PUBLIC FIGURE - A
claim is not the claim is the reputa-
person, who by his accomplishments, reputational harm tional harm
fame or mode of living or by adopting a but rather the
profession or calling which gives the embarrassment of a
public a legitimate interest in his doings, person being made
his affairs and his character. into some-thing he is
not
NOTE: Public figures, most especially 2. As to publication
those holding responsible positions in The statement should Publication is
government enjoy a more limited right be actually made in satisfied if a letter is
public sent to a third person
to privacy compared to ordinary
3. As to the defamatory character of the
individuals. statements
 The interest sought to be Defendant may still What is published
protected is the right to be free from be held liable even if lowers the esteem in
unwarranted publicity, from the the statements tells which the plaintiff is
wrongful publicizing of the private something good held
affairs and activities of an individual about the plaintiff
which are outside the realm of
legitimate public concern. d. Commer
 The publication of facts cial appropriation of likeness
derived from the records of official  The unwarranted publication of a
proceedings which are not otherwise person’s name or the unauthorized
declared by law as confidential, use of his photograph or likeness for
cannot be considered a tortious commercial purposes is an invasion
conduct. of privacy.
 With respect to celebrities,
c. Publicit however, the right of publicity is
y which places a person in a false often treated as a separate right
light in the public eye that overlaps but is distinct from the
 The interest to be protected in right of privacy. They treat their
this tort is the interest of the names and likeness as property and
individual in not being made to they want to control and profit
appear before the public in an therefrom.
CIVIL LAW COMMITTEE
Rhodora
John Stephen
Purganan(LTD),
2. Interference with Family and other 2. Defamation, Fraud, and

relations Physical injuries (Article 33)
 The gist of the tort is an A. Defamation
interference with one spouse’s  Defamation is an invasion of the
mental attitude toward the other interest in reputation and good
and the conjugal kindness of marital name, by communication to others
relations resulting in some actual which tends to diminish the esteem
conduct which materially affects it. in which the plaintiff is held, or to
 It extends to all cases of excite adverse feelings or opinion
wrongful interference in the family against him.
affairs of others whereby one spouse  Includes the crime of libel and
is induced to leave the other spouse slander.
or conduct himself or herself that  RPC considers the statement
the comfort of married life is defamatory if it is an imputation of
destroyed. circumstance tending to cause the
 If the interference is by dishonor, discredit or contempt of
the parents of the spouse, malice natural or juridical person or to
must be proven. blacken the memory of one who is
dead.
3. Intriguing to Cause Alienation  Requisites for one to be liable
for defamatory imputations:
4. Vexation and Humiliation a. It must be defamatory
 Discrimination against a person b. It must be malicious
on account of his physical defect, c. It must be given publicity
which causes emotional distress, may d. The victim must be
result in liability on the part of the identifiable
offending party.
 Sexual Harassment falls under NOTES:
this category.  Test in determining the
- a civil action separate and distinct from defamatory character of the
the criminal action may be imputation: A charge is sufficient if
commenced under RA 7877. the words are calculated to induce the
- 2 types of Sexual harassment: hearers to suppose and understand
a) quid pro quo cases that the person/s against whom they
b) hostile environment cases were uttered were guilty of a certain
offense, or are sufficient to impeach
TORTS WITH INDEPENDENT CIVIL their honesty, virtue, or reputation, or
ACTIONS to hold the person/s up to public
1. Violation of civil and political ridicule.
rights (Article 32)
 Dissemination to a number of persons
 Although the same normally is not required, communication to a
involves intentional acts, it can also single individual is sufficient
be committed through negligence. publication.
 Public officer who is a GENERAL RULE: Every defamatory
defendant cannot escape liability imputation is presumed to be
under the doctrine of state malicious, even if it be true, if no
immunity; the said doctrine applies good intention or justifiable motive
only if acts involved are done by for making it is shown.
officers in the performance of their
EXCEPTIONS:
official duty within the ambit of
1. A private communication made
their powers; officers do not act
by any person to another in the
within the ambit of their powers if
performance of any legal, moral
they violate the constitutional rights
or social duty; and
of persons.

243
2. A fair and true report, made in  Half-truths are

good faith, without any likewise included; it is actionable if
comments or remarks, of any the withholding of that which is not
judicial, legislative or other stated makes that which is stated
official proceedings which are absolutely false.
not of confidential nature, or of  Misrepresentati
any statement, report, or speech on upon a mere matter of opinion is
delivered in said proceedings or not an actionable deceit.
of any other act performed by
public officers in the exercise of C. Physical injuries
their functions.  Battery – an intentional infliction
of a harmful or offensive bodily
contact; bodily contact is offensive if
 It is not sufficient that the it offends a reasonable person’s
offended party recognized himself as sense of dignity.
the person attacked or defamed, it  Assault – intentional conduct by
must be shown that at least a third one person directed at another
person could identify him as the which places the latter in
object of the libelous publication. apprehension of immediate bodily
 In order to escape liability, the harm or offensive act.
defendant may claim that the  Includes bodily injuries causing
statements made are privileged. death.
 Physical injuries which resulted
Two kinds of privileged
because of negligence or imprudence
communication:
is not included in Article 33; they are
1) Absolutely privilege –
already covered by Article 2176 of
Those which are not actionable
the Civil Code.
even if the author acted in bad
faith.
3. Neglect of duty by police
2) Qualifiedly privilege –
officers (Article 34)
not actionable unless found to
have been made without good  Subsidiary liability of cities and
intention or justifiable motive. municipalities, is imposed so that
they will exercise great care in
B. Fraud selecting conscientious and duly
 Elements of deceit qualified policemen and exercise
1)The defendant must have made supervision over them in the
false representation to the performance of their duties.
plaintiff
2)The representation must be one CIVIL LIABILITY ARISING FROM DELICT
of fact  Every person criminally liable for
3)The defendant must know that a felony is also civilly liable. (Article
the representation is false or be 100 RPC)
reckless about whether it is false  The reason is because a crime
4)The defendant must have acted has a dual character: as an offense
on the false representation against the State and against the
5)The defendant must have private person injured by it.
intended that the false  Dual character of crimes applies
representation should be acted to cases governed by special laws.
on Example: violation of the BP 22
6)The plaintiff must have suffered results in criminal and civil liability.
damage as a result of acting on  There is civil liability even if the
the false representation offense is a public offense, like in
bigamy.
CIVIL LAW COMMITTEE

Rhodora
John Stephen
Purganan(LTD),
 Persons liable are the principal, offence, it does not operate to

accomplice and accessories. remove all the effects of the
 It includes restitution, reparation previous conviction.
of damages and indemnification of
consequential damages. DEFENDANTS IN TORT CASES
 The rule on proximate cause in
quasi-delict cases is applicable to Concurrent Negligence or Acts
cases involving civil liability arising 1. Joint Tort-feasors
from delict. Art. 2202, NCC  All the persons who
command, instigate,
Circumstances affecting Civil Liability promote, encourage,
1. Justifying advice, countenance,
circumstances cooperate in, aid, or
 Defendant is free from civil abet the commission of a
tort, or who approve of
liability if justifying circumstances
it after it is done, if
are properly establishes.
done for their benefit;
2. Exempting
they are each liable as a
Circumstances
principal, to the same
 They do not erase the civil
extent and in the same
liability.
manner as if they have
3. Mitigating and
performed the wrongful
Aggravating Circumstances
act themselves.
 Damages to be adjudicated
may either be decreased or  The responsibility of two
increased depending on the presence or more persons liable
of mitigating or aggravating for quasi-delict is
circumstances. solidary (Article 2194
Civil Code); they are not
Effect of Death liable pro rata, they are
A. DEATH AFTER FINAL JUDGMENT: jointly and severally
extinguishes criminal liability of the liable for the whole
person liable but will not extinguish amount.
the civil liability.
2. Motor vehicle mishaps
B. DEATH BEFORE FINAL  The owner is solidarily liable
JUDGMENT: with the driver, if the former,
GENERAL RULE: The defendant is who was in the vehicle, could
relieved from both criminal and civil have, by the use of due
liability arising from criminal diligence, prevented the
liability. misfortune. (Article 2184 Civil
EXCEPTION: In case of libel and Code)
physical injuries wherein the  Solidary liability is imposed on
plaintiff initially opted to claim the owner not because of his
damages in the criminal proceeding imputed liability but because his
can file another case under Article own omission is a concurring
33 of the Civil Code. proximate cause of the injury.
Effect of Pardon Vicarious Liability or Doctrine of

 Pardon does not erase civil Imputed Negligence
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

245
A person is not only liable for torts by Art. 221 of

committed by himself, but also the Family Code
for torts committed by others to the extent
with whom he has a certain that the
relation or for whom he is alternative
responsible. (Article 2180 Civil qualification of
Code) the liability of
Exercise of diligence of a good father of the father and
a family to prevent damage is a the mother has
defense. been removed.
NOTES:
 Doctrine of Respondeat
Superior – the liability is strictly  The basis of liability for the
imputed, the employer is liable acts or omissions of their minor
not because of his act or children is the parental authority
omission but because of the act that they exercise over them,
or omission of the employee; except for children 18 to 21.
employer cannot escape liability  The same foreseability test
by claiming that he exercised of negligence should apply to
due diligence in the selection or parents when they are sought to
supervision of the employee. be held liable under Art. 2180,
GENERAL RULE: Vicarious liability in NCC
the Philippines is not governed by the  The liability is not limited to
doctrine of respondeat superior; parents, the same is also
employers or parents are made liable not imposed on those exercising
only because of the negligent or substitute and special parental
wrongful act of the person for whom authority, i.e., guardian.
they are responsible but also because of
their own negligence:
 The liability is present only
both under Art 2180 of the NCC
1) Liability is imposed on
and Art 221 of the Family Code if
the employer because he failed
the child is living in his parents’
to exercise due diligence in the
company.
selection or supervision of the
employee  Parental authority is not the
2) Parents are made liable sole basis of liability. A teacher
because they failed to exercise in charge is still liable for the
due diligence acts of their students even if the
EXCEPTION: Doctrine of minor student reaches the age of
respondeat superior is applicable in: majority.
1) liability of employers  The parents or guardians can
under Article 103 of the RPC still be held liable even if the
2) liability of a partnership minor is already emancipated
for the tort committed by a provided that he is below 21
partner years of age.
 Parents and other persons
Persons Vicariously Liable: (Article exercising parental authority can
2180 of the Civil Code) escape liability by proving that
1. The Father, or in case of death or they observed all the diligence
incapacity, mother of a good father of a family to
 For damage caused by: prevent damages. (Art. 2180)
a) minor children  The burden of proof rests on
b) living in their company the parents and persons
 This has already exercising parental authority.
been modified
CIVIL LAW COMMITTEE
Rhodora
John Stephen
Purganan(LTD),
2. Guardians a) a special agent

 For damage caused by b) not when the damage has been
a. minors or incapacitated caused by the official to whom the
persons task done properly pertains
b. under their authority  Public officers
c. living in their company who are guilty
of tortuous
3. Owners and managers of conduct are
establishments personally liable
 For damage caused by: for their
a) their employees actions.
b) in the service of the branches in
which they are employed, or
c) on the occasion of their
functions
6. Schools, Teachers and
4. Employers Administrators
 For damages  For damage caused by:
cause by: a) pupils and students or
a) employees and household apprentices
helpers b) in their custody
b) acting within the scope of their statutory basis:
assigned tasks if student is minor – Art. 219, FC
c) even if the employer is not  if student is no longer a
engaged in any business or minor – Art. 2180, Civil Code
industry
NOTES:
NOTES:  Applies also to teachers of
 Liability of the employer can be academic institutions.
established by proving the existence  Liability attaches to the
of an employer-employee teacher-in-charge.
relationship with the actor and the
latter caused the injury while  The school itself is now
performing his assigned task or solidarily liable with the teacher-
functions. in-charge.
 The vicarious liability attaches only  The liability extends to acts
when the tortuous conduct of the committed even outside the
employees relates to or is in the school so long as it is an official
course of his employment. activity of the school.
 While the employer incurs no  Whenever the school or
liability when an employee’s teacher is being made liable, the
conduct, act or omission is beyond parents and those exercising
the range of employment, a minor substitute parental authority are
deviation from the assigned task of not free from liability because
an employee, however does not Art. 219 of the Family Code
affect the liability of an employer. expressly provides that they are
(Valenzuela vs. CA, 253 SCRA 303) subsidiarily liable.
 It is a defense that the employer  Art. 2180 makes teachers
exercised proper diligence in the and heads liable for acts of
selection and supervision of students and apprentices
negligent employee. whether the latter are minors or
not.
5. State
 For damage caused by:
247
GENERAL RULE: The teacher-in-charge deposit of

is liable for the acts of his students. The such goods
school and administrators are not liable. within the
EXCEPTION: It is only the head of the inn; and
school, not the teacher who is held liable b. The guest
where the injury is caused in a school of shall have
arts and trade. followed
 The liability of the
directions
the teacher subsists whether the
which such
school is academic or non-
innkeeper
academic.
or his
 Liability is representati
imposed only if the pupil is ve may
already in the custody of the have given
teacher or head. The student is with
in the custody of the school respect to
authorities as longs as he is the care
under the control and influence and
of the school and within its vigilance
premises whether the semester over the
had not yet begun or has already goods.
ended.
 The 2. Partnership
victim of negligence is likewise  Partnership or every partner
required to exercise due care in is liable for torts committed
avoiding injury to himself. by one of the partners acting
within the scope of the firm
Other Persons Vicariously Liable: business, though they do not
1. Innkeepers and participate in, ratify, or have
Hotelkeepers knowledge of such torts.
 They are civilly liable  Partners are liable as joint
for crimes committed in tort-feasors.
their establishments in
cases of violations of
 Vicarious liability is similar to
statutes by them, in the common law rule on
default of persons respondeat superior.
criminally liable.  Liability is entirely imputed
(Article 102 Revised and the partnership cannot
Penal Code) obviously invoke diligence in
 They are subsidiarily the selection and supervision
of the partner.
liable for the
restitution of goods
3. Spouses
taken by robbery or
a. absolu
theft within their houses
te
from guests lodging
comm
therein, or for payment
unity
of the value thereof,
of
provided that:
proper
a. The ty
innkeeper
was notified  The absolute
in advance community
of the property shall
CIVIL LAW COMMITTEE

Rhodora
John Stephen
Purganan(LTD),
be for liabilities or if the

incurred by act was
either spouses supposed
by reason of to
crime or quasi- benefit
delict in case of the
absence or partners
insufficiency of hip.
the exclusive c. regim
property of the e of
debtor-spouse. separa
(Article 94 tion of
Family Code) proper
 Payments shall ty
be considered  Each spouse is
advances to be responsible for his/her
deducted from separate obligation.
the share of the
debtor spouse C. STRICT LIABILITY
upon liquidation  When the person is made
of the liable independent of fault or
community. negligence upon submission of
b. conjug proof of certain facts
al specified by law.
partne NOTE: Strict liability tort can be
rship committed even if reasonable care was
of exercised and regardless of the state of
gains mind of the actor at that time.
GENERAL RULE: Pecuniary indemni-ties TYPES:

imposed upon the husband or wife are 1. Animals
not chargeable against the conjugal GENERAL RULE: The possessor of an
partnership but against the separate animal or whoever may make use of the
properties of the wrongdoer. same is responsible for the damages
EXCEPTION: Conjugal partnership which it may cause although it may
should be made liable: escape or be lost.
1) When EXCEPTION: When the damage was
the caused by force majeure or by the
profits person who suffered the damage.
have (Article 2183 Civil Code)
inured to
the NOTES:
benefit
of the
 If the
acts of a
partners
third
hip, or
person
2) If one of
cannot
the
be
spouses
foreseen
committ
or
ed the
prevente
tort
d, then
while
the
performi
situation
ng a
is similar
business
249
to that shall not be liable for

of force compensation.
majeure  When the employee’s lack of
and the due care contributed to his
possessor death or injury, the
is not compensation shall be
liable. equitably reduced.
(Francisc
o, Torts
 If the death or injury is due
to the negligence of a fellow-
and
workman the latter and the
Damages
employer shall be solidarily
)
liable for compensation.
 If a fellow-worker’s
 Art. 2183 intentional or malicious act is
is the only cause of the death or
applicabl injury, the employer shall not
e be answerable unless it
whether should be shown that the
the latter did not exercise due
animal is diligence in the selection or
domestic supervision of the plaintiff’s
, fellow-worker.
domestic
ated, or 4. Nuisance
wild.
 Any act, omission,
2. Falling objects establishment, business,
condition of property, or
 The head of a family that lives in a
anything else which:
building or a part thereof is responsible
a. Injures or endangers the health or
for damages caused by things thrown or
safety of others;
falling from the same. (Article 2193 Civil
b. Annoys or offends the senses;
Code)
c. Shocks, defies or disregards decency
 The term “head of the or morality;
family” is not limited to the d. Obstructs or interferes with the free
owner of the building, and it
passage of any public highway or
may even include the lessee
street, or any body of water; or
thereof. (Dingcong vs.
Kanaan, 72 Phil 14) e. Hinders or impairs the user of
property. (Article 694 Civil Code)
3. Liability of employers
 Article 1711 of the NCC  There is strict liability on the
imposes an obligation on part of the owner or
owners of enterprises and possessor of the property
other employers to pay for where a nuisance is found
the death or injuries to their because he is obliged to
employees. abate the same irrespective
of the presence or absence of
 Liability is strict because it fault or negligence.
exists even if the cause is
purely accidental.
 Every successive owner or
 If the mishap was due to the possessor of property who
employee’s own notorious fails or refuses to abate a
negligence, or voluntary act nuisance in that property
or drunkenness, the employer started by a former owner or
CIVIL LAW COMMITTEE
Rhodora
John Stephen
Purganan(LTD),
possessor is liable therefore  Not all expression of opinion

in the same manner as the are actionable
one who created it. (Article misrepresentations if they are
686 Civil Code) established to be inaccurate.
5. Product liability by manufacturers 2. Warranties

 Manufacturers and processors  The Consumer Act recognizes
of foodstuffs, drinks, toilet that the provisions of the
articles and similar goods Civil Code on conditions and
shall be liable for death or warranties shall govern all
injuries caused by any noxious contracts of sale with
or harmful substances used, conditions and warranties.
although no contractual
relation exists. (Article 2187
 Retailer shall be subsidiarily
liable under the warranty in
Civil Code)
case of failure of both the
manufacturer and distributor
Other cases of liability without fault:
to honor the warranty.
Proprietor of a building or structure, for
damages resulting from its  Privity of contract is not
total or partial collapse, if it necessary.
should be due to lack of
necessary repairs. . 3. Negligence
Breach of implied warranties.  In product liability law,
Consumer Act (R.A. 7394) – any Filipino certain standards are already
or foreign manufacturer, imposed by special laws, rules
producer and importer, and regulations of proper
independently of fault shall government agencies; certain
be liable for redress for acts or omissions are
damages caused to consumers expressly prohibited by the
by defects resulting from: statutes thereby making
design; violation thereof negligence
manufacture; per se.
construction;  It is negligence per se if
assembly and erection; manufacturer manufactured
formulas and handling and making up; or products which do not comply
presentation or packing of their products with the safety standards
as well as for the insufficient promulgated by appropriate
or inadequate information on government agencies.
the use and hazards thereof.
4. Even when an act or event causing 4. Delict
damage to another’s property was  The liability may be based on
not due to the fault or negligence of
criminal negli-gence under
the defendant, the latter shall be
the RPC or violation of any
liable for indemnity if through the
special law.
act or event he was benefited. (Art.
23 Civil Code)
5. Strict liability
 Manufacturers and
processors of foodstuffs,
drinks, toilet articles,
and similar goods, shall
PRODUCT AND SERVICE LIABILITY be liable for death or
injuries caused by any
Alternative theories on basis of liability noxious or harmful
1. Fraud or misrepresentation substances used
although no contractual
251
relation exists. (Article 2) The product was manufactured

2187 Civil Code) by the defendant;
3) The defective product was the
 Privity of contract is not cause of his injury.
required.  4 KINDS OF DEFECTIVE
 It does not preclude an PRODUCTS
action based on 1. manufacturing defect
negligence (quasi-delict) 2. design defect
for the same act of 3. presentation defect
using noxious or harmful 4. absence of appropriate warning
substances.
BUSINESS TORTS
1. Interference of contracts
 Elements:
 Article 97 and 99 of the a. existence of a valid contract
Consumer Act imposes b. knowledge on the part of the third
liability on defective person of the existence of the contract
products and services c. interference of the third person
upon manufacturers without legal justification.
independent of fault.  The
 Knowledge of the existenc
manufacturer is not e of a
important; the focus is contract
on the condition of the is
product and not on the necessar
conduct of the y and
manufacturer or seller. the
breach
must
 DEFENSES: occur
A. The manufacturer, builder,
because
producer, or importer shall not
of the
be liable when it evidences:
alleged
1) That it did not place the
act of
product on the market
interfer
2) That although it did
ence;
place the product on the market
No
such product had no defect
action
3) That the consumer of can be
third party is solely at fault. (Article maintai
97 Consumer Act) ned if
B. The supplier of the services shall the
not be held liable when it is contract
proven: is void.
1) That there is no defect in the
service rendered
 Malice is
not
2) That the consumer of third party essentia
is solely at fault. (Article 99 Consumer l.
Act)
 Element
s of
 Requisites: The privileg
plaintiff should allege e to
and prove that:
1) The product was defective;
CIVIL LAW COMMITTEE
Rhodora
John Stephen
Purganan(LTD),
interfer b. interference
e c. misappropriation
1)The defendant’s purpose is a d. monopolies and predatory pricing
justifiable one, and
2)The actors employ no means of 4. Securities Related Torts
fraud or deception which are  Kinds
regarded as unfair. a. Fraudulent Transactions
 Extent b. Misstatements or Omission of
of statement of a material fact
Liability required to be stated
:  Defendants are free
A. Rule in Daywalt vs. La from liability if they can
Corporation 39PHIL587 prove that at the time
 Defendant of the acquisition the
cannot be held liable for more than plaintiff knew of the
the amount for which the untrue statement or if
contracting party who was induced he was aware of the
to break the contract can be held falsity.
liable.  Extent of Damages:
B. Rule under Article 2201 Not exceeding triple the
and 2202 Civil Code amount of the
1) If transaction.
in bad faith: defendant is liable for
all natural and probable
 Prescriptive Period:
Action must be brought
consequences of his act or omission,
within 2 years after
whether the same is forseen or
discovery of facts
unforeseen.
constituting the cause
2) If
of action and within 5
in good faith: defandant is liable
yrs after such cause of
only for consequences that can be
action accrued.
foreseen.
II. DAMAGES
2. Interference with prospective
advantage
DAMAGE
 It is a tort committed when
there is no contract yet and
 The detriment, injury or loss
which are occasioned by
the defendant is only being
reason of fault of another in
sued for inducing another not
the property or person.
to enter into a contract.
DAMAGES
3. Unfair competition.
 Unfair Competition in
 The pecuniary compensation,
recompense or satisfaction
agricultural, commercial, or
for an injury sustained or as
industrial enterprises, or in
otherwise expressed, the
labor, through the use of
pecuniary consequences
force, intimidation , deceit,
which the law imposes for the
machination or any unjust or
breach of some duty or
oppressive or highhanded
violation of some rights.
method shall give rise to a
right of action by a person
DAMNUM ABSQUE INJURIA (Damage
who thereby suffers damage.
Without Injury)
(Article 27 Civil Code)
 CASES INCLUDED:  A person may have suffered
physical hurt or injury, but
a. passing off and disparagement of
for as long as no legal injury
products
253
or wrong has been done,

there is no liability. A. ACTUAL OR
COMPENSATORY
 There is no liability even if DAMAGES
there is damage because  Comprehends not only the value of
there was no injury. the loss suffered but also that of the
profits which the obligee failed to
 There can be damage without obtain.
injury.  Classification:
1. D
 In order that a plaintiff may ano emergente – loss of what a
maintain an action for the person already possesses
injuries of which he 2. L
complains, he must establish ucro cessante – failure to receive
that such injuries resulted as a benefit that would have
from a breach of duty which pertained to him
the defendant owed to the NOTE: The latter type includes:
plaintiff. 1. Loss or impairment of
earning capacity in cases of
Injury Damage Damages temporary or permanent
Legal Loss, hurt The recom- personal injury.
invasion of or harm pense or 2. Injury to the plaintiff’s
a legal which compensation business standing or commercial
right results awarded for credit.
from the the damage
injury suffered
 In crimes and quasi-delict, the
defendant shall be liable for all
NOTES: damages which are the natural and
 A probable consequences of the act
complaint for damages is a personal and omission complained of. It is not
action. (Baritua vs. CA, 267 SCRA necessary that such damages have
331) been foreseen or could have
 Proof of reasonably foreseen by the
pecuniary loss is necessary to defendant. (Article 2202 Civil Code)
successfully recover actual damages  The amount should be that which
from the defendant. No proof of would put plaintiff in the same
pecuniary loss is necessary in case of position as he would have been if he
moral, nominal, temperate, had not sustained the wrong for
liquidated or exemplary damages. which he is now getting his
 The compensation or reparation.
assessment of such damages, except  To recover damages, the amount of
liquidated ones, is left to the loss must not only be capable of
discretion of the court according to proof but must actually be proven.
the circumstances of each case.  Uncertainty as to the precise amount
is not necessarily fatal.
Kinds of damages (MANTLE)
1. Actual or Compensatory LOSS OF EARNING CAPACITY:
2. Moral  Variables considered are:
3. Nominal 1. life expectancy
4. Temperate or moderate 2. net income/earnings
5. Liquidated
Formula:
6. Exemplary or corrective {2/3 x (80–age of death)} x mo. Earnings x 12
CIVIL LAW COMMITTEE
Rhodora
John Stephen
Purganan(LTD),
2 of Article 1169 of the Civil

NOTE: Code.
 Life expectancy is computed as 2. When the obligation, not
follows: constituting a loan or
{ 2/3 x (80-age at death) } forbearance or money, is
breached:
 Net earnings is the total of the
earnings less expenses necessary for  An interest on
the creation of such earnings and the amount of damages to be
less living or other incidental awarded may be imposed at
expenses. the discretion of the court at
the rate of 6% per annum.
Loss of profits  No interest
shall be adjudged on
 May be determined by considering unliquidated claims or
the average profit for the preceding
damages, except when or
years multiplied by the number of
until demand can be
years during which the business was
established with reasonable
affected by the wrongful act or
certainty.
breach.
 Where the
demand is established with
Attorney’s fees
reasonable certainty, the
 They are actual damages. It is due to interest shall begin to run
the plaintiff and not to the counsel. from the time the claim is
 Plaintiff must allege the basis of his made judicially or
claim for attorney’s fees in the extrajudicially.
complaint; the basis should be one of 3. When the judgment of the court
the 11 cases specified in Article 2208 awarding the sum of money
of the Civil Code. becomes final and executory, the
rate of legal interest shall be 12%
Interests per annum from such finality
 Award of interest in the concept of until its satisfaction.
actual and compensatory damages
actual damages. Doctrine of Avoidable Consequences
 The rate of interest, as well as the  A party cannot recover damages
accrual thereof is imposed as flowing from consequences which
follows: the party could reasonably have
1. When the obligation is breached avoided.
and it consist of payment of sum  It has a reasonable corollary: a
of money, i.e., a loan or person who reasonably attempts to
forbearance of money: minimize his damages can recover
a. The interest due should the expenses that he incurred.
be that which may have been
stipulated in writing; Doctrine of
Contributory
furthermore, the interest Avoidable
Negligence
due shall itself earn legal Consequences
interest from the time it is Acts of the Plaintiff’s act or
judicially demanded. plaintiff occur omission occurs
b. In the absence of after the act or before or at the
stipulation, the rate of omission of the time of the act or
interest shall be 12% per defendant omission of the
annum to be computed from defendant
default, i.e., from judicial or
extra-judicial demand under
and subject to the provisions B. MORAL
DAMAGES

255
 Includes physical suffering, mental  Small sums fixed by the court

anguish, fright, serious anxiety, without regard to the extent of the
besmirched reputation, wounded harm done to the injured party.
feelings, moral shock, social  Law presumes damage although
humiliation, and similar injury. actual or compensatory damages are
 No proof of pecuniary loss is not proven.
necessary.  They are damages in name only and
GENERAL RULE: The plaintiff must are allowed simply in recognition of
allege and prove: a technical injury based on a
1. The factual basis for moral violation of a legal right.
damages; and  Nominal damages cannot co-exist
2. Its causal relation to the with actual or compensatory
defendant’s act damages.
EXCEPTION: Moral damages may be
awarded to the victim in criminal D. TEMPERATE OR
proceedings without the need for MODERATE
pleading of proof of the basis thereof. DAMAGES
 These are damages, which are more
Requisites for award of moral damages:
than nominal but less than
1. There must be an injury whether
compensatory, and may be
physical, mental or psychological,
recovered when the court finds that
clearly sustained by the claimant;
some pecuniary loss has been
2. There must be a culpable act or
suffered but its amount cannot be
omission.;
proved with certainty. (Article 2224
3. Such act or omission is the
Civil Code)
proximate cause of the injury;
4. The damages is predicated on  In cases where the resulting injury
the cases cited in Art.2219. might be continuing and possible
future complications directly arising
NOTE: The award of moral damages from the injury, while certain to
cannot be granted in favor of a occur are difficult to predict,
corporation because, being an artificial temperate damages can and should
person, it has no feelings, no emotions, be awarded on top of actual or
no senses. It cannot therefore compensatory damages; in such
experience physical suffering and mental cases there is no incompatibility
anguish which can be experienced only between actual and temperate
by one having a nervous system. damages.
E. LIQUIDATED
DAMAGES
 Those agreed upon by the parties in
a contract, to be paid in case of
breach thereof.
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 F. EXEMPLARY OR
purpose of indemnifying the plaintiff CORRECTIVE
for any loss suffered by him. DAMAGES
(Article2221 Civil Code)
CIVIL LAW COMMITTEE

Rhodora
John Stephen
Purganan(LTD),
 Imposed by way of example

or correction for the public
good, in addition to the
moral, temperate, liquidated
or compensatory damages.
 Requisites for the award of

exemplary damages:
1. They are imposed by way
of example in addition to
compensatory damages
and Imposed 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;
3. The act must be
accompanied by bad
faith or done in wanton,
fraudulent, oppressive or
malevolent manner.


8 Torts

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8 Torts

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San Beda College of Law

MEMORY AID IN CIVIL LAW

TORTS AND DAMAGES

I. TORTS  Involve voluntary acts or omissions

CIVIL LAW COMMITTEE

In quasi-delict the  If so, it was the duty of the actor

Essential Requisites for a quasi- Calculation of Risk

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

MEMORY AID IN CIVIL LAW

guilty of negligence if he fails to and appreciate the nature and

CIVIL LAW COMMITTEE

4. Nature of activity c.The fear that an insanity would

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

MEMORY AID IN CIVIL LAW

a statutory duty merely establishes by a train while crossing the tracks

could have used due

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

MEMORY AID IN CIVIL LAW

 One who was hurt trying to Doctrine of Attractive Nuisance

against the engineer or architect  From the nature of their

MEMORY AID IN CIVIL LAW

 Expert testimony should be  The contract between the

care, the plaintiff may recover if it can be foreseen, it must be

MEMORY AID IN CIVIL LAW

exerted on him. (Aquino, Torts another. (Africa vs.

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

MEMORY AID IN CIVIL LAW

damage to the plaintiff. (Cause-in-fact Two ways by which co-presence may

2. Substantial Factor test Policy Tests:

damages which provision of the Article 2202 of the New

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

MEMORY AID IN CIVIL LAW

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

MEMORY AID IN CIVIL LAW

CIVIL LAW COMMITTEE

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

MEMORY AID IN CIVIL LAW

MEMORY AID IN CIVIL LAW

 The doctrine has no role in certain to result

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

MEMORY AID IN CIVIL LAW

NOTE: Damages are recoverable even if  Defendant is liable for all

CIVIL LAW COMMITTEE

 EXAMPLE: The defendant  The right of the employer to

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

MEMORY AID IN CIVIL LAW

3. The prosecutor was actuated or recovera

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

MEMORY AID IN CIVIL LAW

2. In cases where the misconduct of objectionable false light or false

2. Interference with Family and other 2. Defamation, Fraud, and

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

MEMORY AID IN CIVIL LAW

2. A fair and true report, made in  Half-truths are

CIVIL LAW COMMITTEE

 Persons liable are the principal, offence, it does not operate to

Effect of Pardon Vicarious Liability or Doctrine of

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

MEMORY AID IN CIVIL LAW

A person is not only liable for torts by Art. 221 of

2. Guardians a) a special agent

MEMORY AID IN CIVIL LAW