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1. act or omission
Burden of Contractual party. Prove Victim. Prove the ff.: Prosecution. Accused
proof the ff.: 1. damage is presumed
1. existence of a contract 2. negligence innocent until the
2. breach 3. causal connection contrary is proved.
between negligence
and damage done
Effect of judgement Not a bar to recover civil damages Not a bar to recover civil damages
of acquittal in a EXCEPT when judgement
criminal case pronounces that the negligence
involving same from which damage arise is non-
act/omission existent
2
C I V I L L A W ( T O R T S ) MEMORY AID ATENEO BAR OPERATIONS 2002
1. Negligence - In action for Quasi Delict, plaintiff must prove negligence of defendant
Exception:
b. Principle of res ipsa loquitur (the thing speaks for itself) - grounded on the
difficulty in proving thru competent evidence, public policy considerations
2. Damage/injury
Concept of proximate cause – the adequate and efficient cause which in the
natural order of events and under the particular circumstances surrounding the
case, would naturally produce the event
E. DEFENSES:
1. CONTRIBUTORY NEGLIGENCE - the theory here is that the plaintiff was also
negligent together with the defendant; to constitute a defense, proximate cause
of injury/damage must be the negligence of defendant
2. CONCURRENT NEGLIGENCE - the theory here is that both parties are equally
negligent; the courts will leave them as they are; there can be no recovery
3. DOCTRINE OF LAST CLEAR CHANCE - even though a person’s own acts may
have placed him in a position of peril and an injury results, the injured is entitled
to recover if the defendant thru the exercise of reasonable care and prudence
might have avoided injurious consequences to the plaintiff.
This defense is available only in an action by the driver or owner of one vehicle
against the driver or owner of the other vehicle involved.
Elements:
a. plaintiff was in a position of danger by his own negligence
c. defendant had the least clear chance to avoid the accident by exercise of
ordinary care but failed to exercise such last clear chance and
Inapplicable to:
1. joint tortfeasors
But action must still be judged by the standard of the ordinary prudent man
Absence of forseeability
One who voluntarily assumed the risk of an injury from a known danger
cannot recover in an action for negligence or an injury is incurred
11. PRESCRIPTION
Defamation - 1 year
When no specific provision, must be counted from the day they may be brought
Reason:
1. public policy – deeper pocket/capacity to pay
a) PARENTS - The father, and in case of his death or incapacity, the mother are
responsible for damage caused by:
i. minor children
ii. who live in their company
Note: Father and Mother shall jointly exercise parental authority over common
children. In case of disagreement, father's decision shall prevail (art 211).
ii. even though the former are not engaged in any business or industry
(unlike in RPC – subsidiary liability of employer attaches in case of
insolvency of employer for as long as the employer is engaged in
business/industry)
e) STATE - The state is responsible when it acts through a special agent, but not
when the same is caused by an official to whom task done properly pertains in
which case art 2176 is applicable
Note:
Family Code, art 218 - The school, its administration & teachers or the individual,
entity or institution engaged in child care shall have special parental authority &
responsibility over the minor child under their supervision, instruction or custody
(authority & responsibility shall apply to all authorized activities whether inside or
outside the premises or the school, entity or institution).
Family Code, art 219 - those given the authority & responsibility shall be solidarily
& principally liable for damages caused by act/omission of the unemancipated
minor; parents, judicial guardian or person exercising substitute parental
authority over said minor shall be subsidiarily liable.
Issues:
exception:
So that –
not literal anymore; before: boarding & living with teacher due to
peculiar characteristic of trade & arts school
Except:
1. Force majeure
- they are liable for death and injuries caused by any noxious or harmful substances
used although no contractual relation exists between them and the consumers
-shall be liable for damages for the death or injuries suffered by any person by
reason of the defective condition of roads, streets, bridges, public buildings, and
other public works under their control or supervision
- liable for damages caused by things thrown or falling from the same
G. SPECIAL TORTS
ELEMENTS:
ELEMENTS:
ELEMENTS:
2. UNJUST ENRICHMENT
- Art. 25; thoughtless extravagance for pleasure or display during a period of public want
or emergency
Art 26 - every person shall respect the dignity, personality, privacy and peace of
mind of his neighbors and other persons.
The ff. acts though they may not constitute a criminal offense, shall produce a cause
of action for damages, prevention and other relief:
May be brought by any person suffering from material or moral loss because a public
servant refuses or neglects, without just cause to perform his official duty (art 27).
REQUISITES:
5. UNFAIR COMPETITION
7. MALICIOUS PROSECUTION
ELEMENTS;
d. that he was actuated by legal malice, that is, by improper and sinister motive
9. NUISANCE
iv. obstructs or interferes with the free passage of any public highway or
streets, or any body of water
b. KINDS:
NUISANCE PER ACCIDENS - those which are in their nature not nuisances, but
may become so by reason of their locality, surroundings, or the manner in which
they may be conducted, managed, etc.
2. Civil action
1. Public officers
iii. that the abatement be approved by the district health officer and
executed with the assistance of local police
PRIVATE - one that is not included in the foregoing definition; affect an individual
or a limited number of individuals only
iii. that the abatement be approved by the district health officer and
executed with the assistance of local police
- a class of cases within the general rule that one is liable for the injury resulting
to another from failure to exercise the degree of care commiserate with the
circumstances
H. DAMAGES
Kinds of Damages: (MENTAL)
MORAL
EXEMPLARY
NOMINAL
TEMPERATE
ACTUAL
LIQUIDATED
1. ACTUAL/COMPENSATORY
Exception:
a. provided by law
b. by stipulation
SPECIAL DAMAGES - damages which are the natural, but not the
necessary and inevitable result of the wrongful act; need to be pleaded
2.) Pray for the relief that claim for loss be granted
b. Parties have forseen or could have reasonably forseen at time obligation was
constituted
defendant is liable for all damages that are natural and probable consequence of the
act/omission complained of
not necessary that damages have been forseen or could have been reasonably forseen
Damages recoverable:
c) Support, if deceased was obliged to give support (for period not more
than 5 years)
d) Moral damages
4. Attorney's fees
- as a general rule, attorney's fees (other than judicial costs) are not
recoverable, except:
d) malicious prosecution
5. Judicial costs
6. interest
- discretionary on part of the court
1. Contributory negligence
a. Physical suffering
b. Besmirched reputation
c. Mental anguish
d. Fright
e. Moral shock
f. Wounded feelings
g. Social humiliation
h. Serious anxiety
Notes:
The social and economic/financial standing of the offender and the offended
party should be taken into consideration in the computation of moral
damages
Moral damages is awarded only to enable the injured party to obtain means,
diversions or amusements that will serve to alleviate the moral suffering he
has undergone, by reason of defendant's culpable action and not intended to
enrich a complainant at the expense of defendant
f. Illegal search
h. Malicious prosecution
i. Acts mentioned in art 309 of the RPC relating to disrespect of the dead and
interference with funeral
j. Acts and actions referred to in arts 21, 26, 27, 28, 29, 30, 32, 34 and 35
l. Spouse, descendants, ascendants and brother and sisters for acts mentioned
in art 309
3. NOMINAL DAMAGES
- adjudicated in order that a right of the plaintiff, which has been violated or invaded by
the defendant, may be vindicated or recognized, and not for the purpose of indemnifying
the plaintiff for any loss suffered by him
ELEMENTS:
- more than nominal but less than compensatory where some pecuniary loss has been
suffered but its amount can't be proved with certainty due to the nature of the case
REQUISITES:
c. Must be reasonable
5. LIQUIDATED DAMAGES
- those agreed upon by the parties to a contract, to be paid in case of breach thereof
a. iniquitous or unconscionable
- imposed by way example or correction for the public good, in addition to the moral,
temperate, liquidated to compensatory damages