Hizon Notes - Torts PDF

NOTES ON TORTS AND DAMAGES
Kenneth and King C. Hizon _________________________________________________________________________________________________________________

UNIVERSITY OF SANTO TOMAS
Faculty of Civil Law
A.Y. 2012-2013
Second Semester
TORTS AND DAMAGES
QUASI-DELICT c. to interfere intentionally with a contract;

d. mislead a person by misrepresenting
Q: What is quasi-delict? material facts in connection with a sale.
Variations Many other torts and courts are free to recognize
A: of tort variations and even recognizer new torts anytime.
Art. 2176. Whoever by act or omission causes damage to another, Definition of torts (De Leon, 2012)
there being fault or negligence, is obliged to pay for the damage
done. Such fault or negligence, if there is no pre-existing a. a wrong independent of contract;
contractual relation between the parties, is called a quasi-delict b. it is a violation of legal right other than a mere breach of
and is governed by the provisions of this Chapter. (1902a) contract for which civil liability may be maintained;
c. a legal concept possessing the basic elements of wrong
TORT with resultant injury and consequential damage which is
cognizable in a court of law;
Q: What is tort? d. violation of duty imposed by general law or otherwise
upon all persons occupying the relation to each other
A: It is a wrong independent of a contract, which arises from an act which is involved in the given transactions;
or omission of a person which causes some injury or damage directly e. an act or omission violative of a private right existing in
or indirectly to another person one or more persons for which the law undertakes to give
an appropriate private remedy to the injured person
NOTE: Tort came from the French word “torquere” which literally against the wrongdoer;
means “to twist,” and it was used in the general sense, in common f. violation of a right given or the omission of a duty imposed
law sources. by law (Naguiat v. NLRC)- the term tort has the same
meaning as tort in common law jurisdictions;
It is used in French to mean “wrong,” deriving from the Latin g. a wrongful act or omission resulting in the breach of a
“tortus” meaning “twisted”, as if to say tortuous conduct is twisted private legal duty and damage from said breach of duty of
conduct or conduct that departs from the existing norm (De Leon, such a character as to afford a right of redress at law in
2012). favor of the injured party against the wrongdoer.
It is a legal wrong that causes harm for which the violator is subject Kinds of wrongs (De Leon, 2012)
to civil liability (De Leon, 2012).
a. Wrongs are either civil or criminal;
a. It is a wrongful act; i. Civil- involves a violation of private legal right;
b. A commission or omission of an act by one, ii. Criminal- regarded as an offense against public
i. Without right; and is penalized by law as a crime or felony.
ii. whereby, another receives some injury, directly iii. Same act may constitute both civil and criminal
or indirectly, wrong.
iii. in person, property or reputation (De Leon, b. May be:
2012). i. Intentional- defendant is consciously aware that
his conduct is wrongful; or
Essence of Tort (De Leon, 2012) ii. Negligent- if the defendant does not intend an
invasion of plaintiff’s right but is aware that he is
Defendant’s Essence of tort is the defendant’s potential for civil taking unreasonable risks.
potential liability to the victim for harmful wrongdoing and iii. As a rule, intentional wrongs give rise to criminal
for civil victim’s potential compensation or other relief liability.
liability c. Reckless, gross or wanton wrong
Existence of Some torts cause no physical harms at all but are
physical nonetheless actionable: History of tort as a legal concept (De Leon, 2012)
harm not
essential a. malicious prosecution of a person without Common a. Predominantly common law (judges rather
probable cause; law tort than legislature define what counts as tort);
b. damage of reputation by libel; b. So violation of statute or constitution is
Facultad de Derecho Civil 1
sometimes a tort for which the violator is mixed a set of different goals whose strength
subject to liability system vary;
No clear a. Invasion of personal and property rights; b. Concern for corrective justice
distinction b. Concepts of tort and crime were at first c. Deterrence or concern for loss distribution
between confusedly intermingled and no clear d.
tort and distinction was made between private and
crime public law Two general classes of torts (De Leon, 2012)
Notion of
tort as Property Embraces all injury and damages to property whether
specific torts personalty or realty
wrong Personal Include all injuries to the person:
Place of a. No separate department called law of torts; torts i. Body
tort in b. Spanish codes have a few scattered ii. Reputation
Philippine provisions which deal with cases of the iii. Feelings
law nature of torts;
c. Concepts in the Anglo-American law of torts A tort which is not an injury to property is a personal
tort
Functions or goals of tort law (De Leon, 2012)
Concept of personal injury in tort law (De Leon, 2012)
a. Discourage violence and revenge;
b. Compensation for injured persons and deterrence of a. Denotes injury to person (personal injury)-whether
undesirable behavior. administered wantonly, intentionally or by negligence;
b. May embrace all actionable injuries to individual himself;
Morality or a. To hold defendants liable for harms they c. May denote injury affecting the reputation, character,
corrective wrongfully caused; conduct, manner and habits of a person.
justice b. Good social effects when court act to right
the wrongs done by defendants; Q: Under what instances may a legal wrong be committed?
c. Liability is imposed when and only when it
is right to do so. A:
Social a. Bases tort law on social policy or a good-
utility or for-all-of-us view; 1. Direct invasion of some legal right of the individual
policy b. Dominant concern is not justice to the 2. The infraction of some public duty by which special
individual; damage accrues to the individual
c. Provide a system of rules that works 3. Violation of some private obligation by which damage
toward the good of society. accrues to the individual
Legal a. Inward looking;
process b. Rules must be made with the legal process Q: Why is it that the term quasi-delict was used instead of tort in
itself in mind; the NCC?
c. Kind of rules judges can understand and
apply in practical way; A: It was used to designate obligations which do not arise from law,
d. Must no leave too much to judge’s contracts, quasi-contracts or criminal offenses. The term tort was
discretion; not used because it is broader in coverage as it covers in common
e. Focus on litigation as a good to be law countries, acts which are intentional or malicious, which latter
preserved rather than on abstract ideal of acts in the general plan of the Philippine legal system are governed
justice or social utility. by the RPC.
Potential a. Justice and policy often point to the same
conflicts result but they do not always do so; thus, Tort and crime
one of these views must prevail or both
must be compromised; Some torts are also crimes but tort law is not concerned with the
b. Firebreak in a city by blowing up a row of separate issue of criminal liability (De Leon, 2012).
houses—potential conflict between a
decision based on social policy and one Q: Distinguish tort from crime.
based on justice to the individuals
Distribution a. Liability insurance where the insurer A:
of loss literally pays the plaintiff on behalf of the
policy holder/defendants; TORT CRIME
b. Cost suffered by the P is not simply Nature of right violated
transferred to the D but is distributed A private wrong or injury An offense against the public
trough D to a large number of individuals. being a punishable act
Redress of Right to sue promotes the redress of social It is an infringement of the pursued by the sovereign
social grievances especially against large impersonal private or civil rights of another, authority
grievances institutions hence, pursued by the private
Summary: a. Tort law does not serve any single goal but individual

Sanction or penalty done.
It seeks to indemnify for damage It generally seeks the
or injury sustained without curtailment of the liberty or B. TORT LIABILTIY
seeking the imprisonment of the imprisonment of the offender
tortfeasor with possible civil liability a. Some kind of intent is also required for
Proof required torts, but more commonly mere
preponderance of evidence proof beyond reasonable doubt negligence coupled with actual harm will
Governing law suffice for liability.
Governed by the Civil Code Governed by the RPC b. Aimed at protection of individuals, would
Criminal intent never impose if no harm results
Criminal intent is not necessary Criminal intent is necessary
(De Leon, 2012) Damages and other remedies
Purposes of A. CRIMINAL PUNISHMENT Q: What is usually the compensation given for the harm suffered?
criminal and
tort law Primarily to vindicate the State’s interests in A: The award is usually a ward called damages and it is usually
deterring crime and imposing justice intended as a kind of compensation for the harm suffered.
B. TORT LIABILTIY In some cases, a punitive damages award may be added to

compensatory damages to deter further misconduct (De Leon,
It is primarily to vindicate the individual victim and 2012).
the victim’s rights and secondarily to confirm and
reinforce public standards of behavior Q: What is the nature of actions for damages?
Tort law A. CRIMINAL PUNISHMENT A: They are primarily and effectively actions for the recovery of a
sum of money for the damages suffered because of the defendant’s
growing out
alleged tortuous conduct and are therefore capable of pecuniary
of criminal Judges who imposed upon lawbreakers at one time
law also occasionally imposed civil liability. Judges and estimation (De Leon, 2012).
lawyers gradually perceived that criminal
punishment and civil liability had related but Q: What are the other possible remedies?
distinct purposes
A:
B. TORT LIABILTIY
1. Restitution
2. Injunction
Tort law developed into a separate field in itself,
aimed at providing distinctly civil remedies.
Q: What is “restitution”?
Conduct as A single act might constitute both a crime and a
A: It forces the tortfeasor to disgorge gains he wrongfully obtained
both criminal tort. The individual’s tort suit may proceed
by tort (De Leon, 2012).
and tortuous whether or not the crime is prosecuted.
Interaction A. CRIMINAL PUNISHMENT
Q: What is “injunction”?
of criminal
and tort law Crime is usually defined by statute. Whether the
A: It compels him to cease his tortuous conduct (De Leon, 2012).
defendant’s conduct is a tort is not important in
determining whether the conduct violates criminal
Persons entitled to sue for tort (De Leon, 2012)
law.
Q: Who are the persons entitled to sue for tort?
B. TORT LIABILTIY
A:
Courts will often take notice of the fact that the
defendant’s conduct amounted to a crime and will
Particular A breach of duty owed to one class of persons
give weight to this fact in determining whether the
individual does not create a cause of action in favor of the
conduct amounted to a tort.
injured person not within the class
Substantive A. CRIMINAL PUNISHMENT
Person upon GR: A tort committed upon one person furnishes
comparisons:
whom tort no cause of action in favor of another.
intent and a. The most fundamental basis for criminal
committed
harm liability is intent, often very specific
intent. Person injured XPN: There are cases where an injury to one
by tort person may operate to the injury of another.
b. Criminal law redresses the State’s
interests in the security of society. It may committed
upon another Example: Although where a child is injured by a
punish conduct that threatens those
interests even when no harm has been tort committed upon it, the parent has no legal
right to sue for the injury as such, it is recognized
that the parent may maintain an action in his own purpose on the part of the principal to take
right for any impairment of his parental rights the consequences on himself without injury.
caused by the injury, including also any pecuniary 4. One has no duty so to control conduct of a
loss suffered by him traceable to the injury third person as to prevent him from causing
Several The same act may be a wrong to more than one bodily harm to another unless a special
persons person, and a wrong to one does not cease to be relationship exists between one and the
wronged by remediable because it may also be a wrong to third person which imposed duty on one to
same act another. If a tort is committed against several control the third person’s conduct.
persons, each person injured may sue.
Person No privity of contract is necessary to support an Liability of joint tortfeasors (De Leon, 2012)
especially action in tort for a direct invasion of a legal right
injured by or for the infraction of duty implied by law where Q: Who are joint tortfeasors?
contract special injury to an individual results from the
violation infraction. A: Two or more persons who act together in committing a wrong, or
contribute to its commission, or assist or participate therein actively
In such case, the liability to the injured party is and with common intent, so that injury results to a third person
based not on the non-performance of a from joint wrongful act of the wrongdoers.
contractual obligation but on the breach of duty
imposed by law. Q: How are joint tortfeasors liable?
Person Where the cause of action is not assignable or has A: They are solidarily liable (De Leon, 2012)
directly, not not been assigned, suit must be brought by the
collaterally person whose legal rights have been infringed. An Q: What is the primary test for joint tortfeasors?
injured action for damages resulting from a tort can be
maintained only by the person directly injured A: Whether the plaintiff has a single cause of action against such
and not by one alleging a collateral or resulting tortfeasors or whether he has only a several cause of action against
injury. each of them.
NOTE: The legal consequences of a tort do not NOTE: Whether 2 or more persons are joint wrongdoers is a
extend to one injured only because he had question of fact dependent on the circumstances.
contractual relations with the one directly injured
by the tort. a. Fact that a third person cooperated in the wrong is no
justification for the misconduct of the defendant;
Persons liable for tort (De Leon, 2012) b. Joint tortfeasors are jointly and severally liable;
c. When 2 or more persons owe another common duty and
Tortfeasor Every person legally responsible is liable for a tort by common neglect of that duty, the other person is
committed by him provided, if it is the proximate injured there is joint tort and all may be held liable;
cause of an injury to another. d. One is liable for the act of his joint tortfeasor although the
act causes other or greater injury than he intended;
NOTE: One who contributes to a damage cannot e. Persons may be solidarily liable for the commission of a
escape liability because his proportional contribution tort by reason of a contractual relation existing between
to the result may not be accurately measured them such as agency, master and servant and partnership;
Person Where a contract is an essential element for tort, a f. Exoneration or exemption from liability of one joint
incapable person incapable of making the contract, such as an tortfeasor does not exonerate or exempt the other.
of making infant is not liable XPN: The liability of one results from his responsibility for
a contract the act of another rather than from his own act
Person GR: A person is responsible only for his own acts g. Art. 2194
other
than XPN: Liability has been extended by statute Where tortfeasors acted independently of each other
tortfeasor
Rules: GR: Concert of action in the execution of a common purpose is
essential to a joint tort
1. The mere presence of a person at the
commission of a wrongful act by another will XPN: Independent trotfeasors whose torts concur to cause a single
not render him liable as a participant injury may be regarded in law as joint tortfeasors.
2. Mere knowledge that a tort is being
committed against another will not be
sufficient to establish liability. Ordinarily, Injuries Where wrongdoers have not acted in concert, and
there exists no legal duty to disclose or separate separate and distinct injuries are caused by the act pr
prevent the commission of a tort and neglect of each, the liability is joint or separate only
3. The ratification must be founded on full distinct and each is liable for the damage caused by his own
knowledge of facts constituting the wrong tort.
which has been committed or with a Injury a. Where the concurrent or successive
single and negligent acts or omissions of 2 or more
indivisible persons, although acting independently of a. Code Commission decided to use the term “quasi-delicts”
each other are direct and proximate cause of for those obligations which do not arise from law,
a single injury to a third person; contracts, quasi-contracts and criminal offenses;
b. It is impossible to determine in what b. It rejected the use of tort in Anglo-American
proportion each contributed to the injury; jurisprudence, which is much broader than the Spanish-
c. Either is said to be responsible for the whole Philippine concept of obligations arising from non-
injury; contractual negligence or culpa aquiliana;
d. Even though his act alone might not have c. Intentional and malicious acts are governed by the Penal
caused the entire injury Code;
e. This rule applies only when the damage is d. Quasi-delict or culpa aquiliana is a separate legal
indivisible and damage is indivisible when institution under the Civil Code, with a substantially all its
the court cannot make a division or own, and individuality that is entirely apart and
apportionment thereof among the negligent independent from crime.
actors.
View that quasi-delict limited to negligent conduct
Example: Negligent construction of a sidewalk and the
driver of the vehicle for the injury to the pedestrian by a. Torts is much broader than culpa aquiliana because it
the negligent operation of the automobile; includes not only negligence but intemtional criminal acts
as well as assault and battery, false imprisonment and
Law governing transitory tort deceit;
b. Liability arising from culpa aquiliana is founded on solely
Law of the a. Jurisdiction of the form is exclusive over upon a voluntary act or omission which is without malice
place; law causes of action which are necessarily local or bad faith (mere negligence or inattention).
of the in character;
forum b. Law of the place where the injury was Broad interpretation of Article 2176
occasioned or conflicted governs in respect
of the right of action, and the law of the a. Quasi-delict is broad enough to include civil liability arising
forum in respect of matters pertaining to from a criminal offense;
remedy only; b. To hold that quasi-delict covers only fault or negligence
c. Power of the state to impose responsibility not punished by law is to give the legal institution of culpa
for injuries within its borders may not be aquiliana a very little scope and application in actual life.
curtailed by the agreements made
elsewhere. Elcano v. Hill (De Leon, 2012)
Determin a. Place of the wrong is determined where the
ation of last event necessary to make the actor liable a. Article 2176 covers not only acts mot punishable by law
place of for an alleged tort takes place; but also acts criminal in character, whether intentional and
wrong b. Place where the injury is suffered rather voluntary or negligent;
than the place where the act which caused b. Thus, a separate civil action lies against the offender in a
the injury was committed. criminal act, whether or not he is criminally prosecuted
Different a. Lex loci controls even though under lex fori, a and found guilty or acquitted, provided that the offended
result as different result as to liability would arise party is not allowed to recover damages in both scores;
to the tort from the acts relied on; c. Essentially, tort consists in the violation of a right or the
liability b. Where the conduct or circumstances are omission of a duty imposed by law. It is a breach of legal
under lex sufficient to constitute a tort under the lex duty. This broad definition would encompass an act or
loci loci celebrationis, that effect will be given omission causing damage to another motivated by willful
them elsewhere. intent, malice or bad faith (Naguiat v. NLRC).
Tort Where the duty involves is one imposed by law as an
incident incident to a relation created by the contract, formed
to relation in State different from that wherein the injury is
created by inflicted, the rights of the parties are to be determined Tort and Contract
contract by lex loci celebrationis.
Enforcem a. GR: Lex fori governs as to remedies and Q: Distinguish quasi-delict (culpa aquiliana) and culpa-contractual.
ent of tort remedial rights involved in the enforcement
liability of tort liability; A:
b. XPN: Where the same statute has created
both right and remedy, which are closely CULPA AQUILIANA CULPA CONTRACTUAL
interwoven that they cannot be separated, Nature of negligence
lex loci governs not only the right but also Negligence is direct, substantive, Negligence is incidental to the
remedial matters associated with the nature and independent performance of contractual
of the right itself. obligation
Defense of good father of family
Expanded concept of quasi-delict Complete and proper defense Not a Complete and proper
defense in the selection and

supervision of employees cannot serve as a basis for tort liability for
Presumption of negligence negligence
None There is presumption of
negligence as long as it can be It has been regarded as a sound rule that
proved that there was breach of where there is general duty and that duty is
the contract violated, either by negligent performance
or non-performance, the breach of the duty
(De Leon, 2012) may constitute actionable negligence.
Refusal to a. May constitute tort where there is a duty
Fields of tort a. Breach of contract is not in itself a tort; contract as imposed by law to enter into contracts of
and contract b. Fields of tort and contract are entirely constituting the character sought as an incident to his
distinct distinct because: tort trade or profession;
i. contractual duties are created b. Refusal to continue a business relation
by the promises of the parties; which is terminable at will does not
ii. tort duties are imposed as rules impose tort liability for the harm thereby
of law resulting whether such harm is intended
Basis of a. contract is at least formally strict liability or not
liability law;
i. a person is often liable for Claim Where a claim is grounded in duress, one who
contract breach even if he is not grounded on sustains damage as a result of being subjected to
at fault and made efforts to duress duress may sue as P in a tort action
perform the contract as
promised DUAL LIABILITY IN TORT AND CONTRACT
b. tort law is at least formally fault-based; (De Leon, 2012)
ii. one is not ordinarily liable even
for conduct that causes horrible a. Liability in tort may coexist with liability in contract toward
injuries unless he is at fault the same person where there is a duty which has been
Test to be a. nature of right invaded violated;
applied for b. contract is not essential to the existence b. It has been held that accompanying every contract there is
existence of of a tort a duty to perform with care, skill, reasonable experience,
tort c. neither does it preclude the existence of and faithfulness the thing agreed to be done.
tort liability
Causes of a. causes of action need not be completely
action need disconnected from contracts in order to
not be constitute torts Quasi-delict covers both punishable and non-punishable
completely b. existence of contract may be one of the negligence
disconnected circumstances requisite to give to
from particular conduct the character of a Q: What is the traditional concept of quasi-delict?
contract breach of duty and thus make it tortuous
Breach of a. GR: Mere breach of contract cannot be A: It is one which excludes:
contract converted into a tort. a. acts which are intentional or malicious
treated as a XPN: Where the law casts its separate b. and acts which arise from pre-existing contracts
tort obligation
b. The same act or omission that breaks the Q: What is the new concept of quasi-delict as established in
contract may also be tort. Barredo v. Garcia?
i. More than mere breach of contract- it must A: Quasi-delict include punishable and non-punishable acts or
be shown that the party sought to be omission so that the same act or omission may give rise to 2
charged: obligations against both the author and those legally responsible for
1. Guilty of some fraud the latter:
2. Overreaching conversion or a. based on crime committed
willful and malicious interference b. another based on quasi-delict
with another’s contract rights and the injured party is free to choose which of the 2 liabilities he
ii. Failure or refusal to pay debt- ordinarily, shall enforce against them.
debtor is not liable to the creditor since the
liability arises out of contract and is limited Quasi-delict as a source of obligation
to the amount of the debt;
iii. Damages not within contemplation of Q: Discuss quasi-delict as a source of obligation.
parties- no liability
iv. Negligent violation of contract A: Quasi-delict is a source of obligation wherein by the act or
v. Negligent performance or non-performance omission of somebody, there being fault or negligence, he causes
of contract: damage to another for which he is liable to the latter. There must be
GR: Mere failure to perform contract no pre-existing contractual relation between the parties because if

there is, as a general rule, there is only breach of contract and not NOTE: Mere voluntary assumption of an undertaking does not in
quasi-delict. and of itself impose a legal duty which would be the basis of tort
liability.
Q: What is the nature of the right invaded?

ELEMENTS OF QUASI-DELICT
A:
Q: What is the test in determining whether a person has a cause of
action in tort against another? RIGHT IN PERSONAM RIGHT IN REM
One which is available only Available against all persons
A: The fundamental test is whether the defendant owed plaintiff any against one or more persons
legal duty to do something which defendant wrongfully did not do, The typical right which is made
or not to do something which he wrongfully did so, in violation of the subject of protection by law
the legal rights of the plaintiff (De Leon, 2012). of torts
Q: What are the elements of quasi-delict? NOTE: It must be recognized that the generality of the right with
respect to those against whom it is available must be particular as
A: regards the possessor or person who can assert it. The right invaded
must be one personal to the party injured and may not ne such as
1. damage to the plaintiff pertains to the public at large (De Leon, 2012).
2. negligence, by act or omission, of which defendant or
some person for whose acts, he must respond, was guilty Damage
3. connection of cause and effect between such negligence
and damage Q: What is “damage”?
nd
NOTE: It is only upon the occurrence of the 2 element that a cause A: It is the loss, hurt or harm which results from injury. It differs
of action arises giving the plaintiff the right to maintain an action from damages which term refers to the recompense or
against the defendant for the recovery of damages suffered by him compensation awarded for the damage suffered
and other appropriate relief (De Leon, 2012).
Q: What should be the nature and sufficiency of damage?
Alternative answer:
A: It depends on whether the tort is one consisting of a legal wrong
1. a legal right in favor of the plaintiff in itself constituting an invasion of a right and thus, giving rise to
2. a correlative legal obligation on the part of another legal damage, or is a breach of duty not necessarily violative of legal
(defendant) to respect or not to violate such right rights and which some actual express damage must concur in order
3. a wrong in the form of an act or omission in violation of to establish the violation of right essential to tort (De Leon, 2012).
said legal right and duty with consequent injury or damage
to the plaintiff (De Leon, 2012) Q: What does “damage” embraces as an element?
NOTE: The existence of a legal right and of a legal duty A: It covers both injuries to:
corresponding to such right are essential elements of a cause of a. person
action for tort (De Leon, 2012). b. property (De Leon, 2012)
LEGAL RIGHT LEGAL DUTY Q: What is the effect of absence of some or one of the elements?
A well-founded claim enforced That which the law requires to
by sanctions be done or forborne to a A: The fact of loss to plaintiff from defendant’s acts or omissions is
determinate person or to the not alone sufficient to constitute tort. In the absence of other
public (De Leon, 2012) requisite elements, it is merely damnum absque injuria (damage
without wrong) (De Leon, 2012).
Q: What is a “Cause of action”?
Q: Give examples of inactionable damages.
A: It is a formal statement in the complaint of the ultimate or
essential facts that gave rise to a remedial right (De Leon, 2012). A:
Q: May moral rights and duties of purely moral character be a basis 1. any damage which is occasioned by doing of a lawful act or
of tort? in the exercise of a legal right
2. temporary inconvenience to private persons occasioned
A: No. One who acts under a moral obligation or charitable impulse by the exercise of a right conferred by law for the benefit
does not thereby assume a legal duty that will afford a basis for tort of the public
liability (De Leon, 2012). 3. acts done in the execution of a public trust or for the
public benefit
4. damages incurred in complying with the provisions of a
statute under coercion of a decree of the highest judicial
tribunal enjoining the violation thereof (De Leon, 2012)
possibility that some purely emotional harms could be
Fault actioanable against a negligent defendant. In fact,
defendants who are guilty of negligently causing
Q: What is “fault”? emotional distress are occasionally held liable for such
harm even though they have caused neither bodily injury
A: It is the condition where a person acts in a way or manner nor property damage. However, courts almost invariably
contrary to what normally should have been done. It consists in the impose especially restrictive rules on such claims and deny
execution of a positive act but the act was done contrary to the recovery in many of them
normal way of doing it and ultimately causing damage or injury to 4. Damages when negligence claim is established- when the
another. plaintiff succeeds, in establishing a negligence claim
against the defendant, courts award damages for a wide
Q: What kind of fault will give rise to liability for damages? range of injuries, including damages for emotional harm
and financial loss. Financial loss resulting from injury or
A: Only juridical fault and not moral fault (De Leon, 2012). property damage, such as lost wages or medal expenses, is
person who folds his arms while another is danger of death, is guilty likewise recoverable, as all proven future losses (De Leon,
of moral fault, but not for juridical negligence, and cannot be held 2012).
liable for damages (De Leon, 2012).
Q: Is bad state of mind necessary or sufficient to show negligence?
Q: Distinguish between fault and negligence.
A: No, bad state of mind is neither necessary nor sufficient to show
A: negligence (De Leon, 2012). For instance, one who drives at a
dangerous speed is negligent even if he is not aware of his speed
FAULT NEGLIGENCE and is using his best efforts to drive carefully.
The liability arises from a Liability is incurred through
positive act or conduct omission (De Leon, 2012) GR: A state of mind including knowledge and belief, may motivate or
shape conduct, but it is not in itself an actionable tort (De Leon,
NOTE: A person guilty of negligence is necessarily at fault, but there 2012). This reflects the law’s strong commitment to an objective
may be fault without negligence as where the damage of injury standard of behavior.
resulting from the wrongful act or omission was caused willfully and
not by reason of lack of care (De Leon, 2012). Q: When is state of mind relevant?
Negligence A: The defendant’s knowledge of facts that make a given act risky
(as distinct from his attitude) is frequently important on the
Q: What is “negligence”? negligence issue. His socially useful purpose in taking a risk may be
evident that conduct is not unreasonably risky (De Leon, 2012).
A: It consists in the omission to do acts required under the attendant
circumstances resulting in damage or injury to another. Relation between wrongful act and injury
The failure to observe, for the protection of the interests of another GR: To authorize a recovery of tort, privity must exist between the
person, that degree of care, precaution and vigilance which the act of the wrongdoer and the injury complained of.
circumstances justly demand, whereby such other person suffers
injury (De Leon, 2012). XPN: Privity is not an element of tort where the wrongful act
charged is the proximate or legal cause of the injury complained of
NOTE: Negligence is a comparative and relative term. (De Leon, 2012).
Q: Is intoxication constitutive of negligence? Intentional Tort
A: No. If a person’s conduct is characterized by a proper degree of Q: What is “intentional tort”.

care and prudence, it is immaterial whether he is drunk or sober (De
Leon, 2012). A: Tort or wrong perpetrated by one who intends to do that which
the law has declared wrong as contrasted with negligence in which
Q: What are the Characteristics of a negligence case? the tortfeasor fails to exercise the degree of care in doing what is
otherwise permissible.
A:
Q: Differentiate motive from intent.
1. Open-ended claims- the negligence claim is open-ended
and requires evaluation case-by-case, rules do not always A:
have an enormous direct impact on the ultimate result
2. Actual harm requirement- no claim for negligence will be MOTIVE INTENT
recognized unless the plaintiff suffers actual harm. There is Refers to the impelling force or An external act or an intelligent
no such thing as a negligence suit for nominal damages, underlying or subjective reason volition (De Leon, 2012)
much less one for presumed damages for doing an act, or the mental
3. Preoccupation with bodily harm and property damage- state or force which induces an
actual harm requirement does not itself exclude the act of volition
Equivalent of the word intended to injury committed by mistake. A cause of action
“purpose” inflict injury may be predicated on negligence.
Malicious acts Q: What is malice?
Q: When is motive material? When is it immaterial
A: That relating to the intentional commission of a
A: wrongful act but also as involving wickedness,
depravity and evil intent.
Motive is material
NOTE:
1. In certain economic torts as in the case of interference
with business opportunity without physical threat or harm a. An act otherwise lawful is not rendered
2. Punitive, exemplary damages actionable by reaosn of the fact that it is done
with malice.
Motive is immaterial
Example: a son-in-law has no right of action
There are cases where the civil liability for tort is determined by the because he was maliciously excluded in his son;s
conduct and not by the mental state of the defendant. burial by his father-in-law
Materiality of intent b. But in some instances, even a lawful act

done solely out of malice and ill-will to
Intentional act Nevertheless, the law considers that one intends injure another may be actionable
is done in the natural consequences of his acts
ignorance Example: false and defamatory publications
Resulting a. Where the defendant voluntarily engages in Willful and Q: What is a willful act?
damage is conduct designed to cause some damage, it wanton acts
different from is immaterial, on the question of the A: It is one done intentionally, or on purpose, and
that existence of tort, that the damage actually not accidentally.
contemplated brought about is different from that
contemplated by him Q: What is wanton act?
b. Where a willful tort is committed, the
wrongdoer is responsible for the direct and A: It is a wrongful act done on purpose or in
proximate consequences of his act without malicious disregard of the rights of others.
regard to his intention to produce the Willful or To constitute willful negligence, the act done or
particular result. wanton ommitted must be intened not must involve such
Act Although the ultimate motive is not bad, if the negligence reckless disregard of security and right as to impluy
complained of intent is to accomplish that purpose by bad faith.
is not done deliberately inflicting injury, the goodness of the Acts arising Q: What are the requisites?
unlawfully or motive will not render non-tortious acts which out of a
without care are torts by reason of the badness of the intent contractual A:
(De Leon, 2012) relationship
1. Plaintiff must show not merely that the
Moral damages in Breach of contract of contract of carriage defendant assumed obligation under the
contract
Q: Are moral damages recoverable in breach of contract of 2. Out of that obligation, there arose a duty
carriage? to the plaintiff
A:
Particular types of torts (De Leon, 2012)
GR: No
Interference A duty with which the law of torts is concerned is to
XPNs: with respect the property of others. A cause of action
property may be predicated on the unlawful interference by
1. the mishap results in the death of the passenger rigths one person of the enjoyment by another of his
2. the carrier is guilty of fraud or bad faith private property
Interference GR: Liable for compensatory or actual damages
with right to
services Examples: interference of a third person with the
PARTICULAR KINDS OF TORTIOUS ACTS (De Leon, 2012) right of the employer to the services of his
employee; interference of a third person with the
Acts intended The tortfeasor is liable right of the husband to the services of his wife
to inflict Interference Distinction must be made:
injury with
Acts not An action may lie for an unintentional injury, or an contractual 1. Interference with the formation of

rights prospective contracts: generally constitutive
of tort a. It is the infliction of intentional harms
2. Interference with the performance of existing b. resulting in damage
contracts: constitutive of tort c. without excuse or justification
d. by an act or a series of acts
NOTE: A person has no right to be protected e. which would otherwise be lawful (De Leon, 2012)
against competition
Interference a. Everyone has a legal right to enjoy social Q: What should be present in case of prima facie tort?
with relations with his friends and neighbors
personal b. One has legal right to personal security in A:
rights his home
Rudeness; GR: A cause of action may not be predicated upon 1. malice
threats; mere rudeness, threats, abusive language or lack of 2. special damage (De Leon, 2012)
abusive consideration of person for another
language
XPN: Such language causes a mental or emotional
disturbance or a bodily injury or illness resulting DOCTRINE OF STRICT OR ABSOLUTE LIABILITY ON TORT
therefrom
Obstruction Such third person is liable for the injury occasioned Q: Explain the Doctrine of strict or absolute liability on tort?
of, and
compelling A: A person whose actions caused harm to another may be held
resort to, responsible for that harm simply because he had acted. In other
legal words, he is liable although without fault. This doctrine is predicated
remedies on the theory that the actor, realizing the hazard of his undertaking,
Malicious Civil liability may be predicated upon the malicious nevertheless assumes the risk connected therewith, and
prosecution prosecution of a criminal action notwithstanding he is free from all wrong, and has used utmost care,
of a criminal he nevertheless is for any invasion of the property or property rights
action a.Where the elements constitute a cause of of another (De Leon, 2012).
action are not present- mere failure of
plaintiff to sustain his action does not Q: What is the basis of the liability?
give rise to a cause of action in favor of
defendant A: It rests on negligence, but on intentional doing of that which
b. Expense of the successful party may not person knows or should, in the exercise of ordinary care, know may
be made the basis of a subsequent action in normal course of events reasonably cause loss to another (De
against the unsuccessful party Leon, 2012).
Unauthorized A tort may arise in this case, irrespective of the
suit in merits of the suit if it had been properly brought Q: When is it applicable?
another’s
name A: It is applicable to situations in which social policy requires that
OTHER 1. Acts of public officers- not liable defendant make good the harm which results to others from
PARTICULAR 2. Injurious falsehood- one may be responsible abnormal risks which are inherent in activities that are not
TORTS for written or oral falsehoods maliciously considered blameworthy, because they are reasonably incident to
calculated which are made with the desirable industrial activity (De Leon, 2012).
intention of producing injury, and do result
in injury to another Q: Is this rule of absolute liability absolute?
3. Interference with the right of inheritance or
destruction of a will- divided opinion: A: No. The conduct of the reasonably prudent man would be
a. No legal or enforceable right has been considered (De Leon, 2012).
invaded
b. The malicious and wrongful interference
with those acts is actionable where
unlawful means are employed “NO DUTY-TO-ACT RULE”
4. Trade secrets, inventions, or patents- may
constitute a tort depending on Q: Discuss the so-called “No duty-to-act rule.”
circumstances
A: Unless the defendant has assumed a duty to act, or stands in a
special relationship to the plaintiff, defendant is not liable for tort
for a pure failure to act for the plaintiff’s benefit (De Leon, 2012).
PRIMA FACIE TORT DOCTRINE
NOTE: The fact that the defendant foresees harm to a particular
Q: What is the so-called “prima facie tort doctrine”? individual from his failure to act does not change the general rule.
A: Q: What are the exceptions to the “No duty-to-act rule”?

“qausi-delicts” excluding conduct punishable by law. However, for
A: The exceptional cases in which a duty of care may require purposes of recovering civil liability arising from a crime or felony,
reasonable affirmative steps by the defendant include: the plaintiff is given the privilege or option to treat the offense as a
quasi-delict and accordingly base his civil action for damages which
1. the defendant or his instrumentalities, innocently or not shall be entirely separate and distinct from, and shall proceed
have created risks or caused harm to the plaintiff independently of, criminal prosecution, on the theory of quasi-delict
2. the defendant is in a special relationship to the plaintiff (De Leon, 2012).
that is deemed to create duty of care that encompasses
affirmative action Q: What is then the issue in the civil action?
3. the defendant takes affirmative action that is either cut
short or performed negligently A: The issue is not whether the act or omission complained of
4. the defendant has assumed a duty of affirmative care by constitutes a crime, but whether said act or mission has caused
action or promise that evinces such an assumption (De damage to the plaintiff as a consequence of the fault or negligence
Leon, 2012). of a defendant for which reason, the defendant under Art. 2176 is
obliged to pay for the damage done (De Leon, 2012).
Q: In case of quasi-delict, what if there is a pre-exisitng contract

COVERAGE OF NEGLIGENCE IN ART. 2176 between the parties?
Q: State the coverage of negligence in Art. 2176? A:
A: GR: The proper cause of action is breach of contract (culpa

contractual)
1. acts not punishable by law
2. acts criminal in character XPN: the contract is grossly violated (breach of the contract was
a. intentional or voluntary palpably wanton, reckless, malicious, or in bad faith, oppressive or
b. unintentional or negligent obscure)
Alternative answer: Q: Discuss the effect of interference with contractual relations. Can
there be tort?
1. Limited concept of quasi-delict-the term quasi-delict
refers to those obligations which do not arise from law, A: Interference with contractual relations constitutes tort as when a
contracts, quasi-contracts, or criminal offenses. Thus, Art. person induced another to violate the latter’s contract with a third
2176 covers all wrongful acts or omissions which do not person.
constitute breach of contract or the commission of a
crime. Q: What are the instances when Art. 2176 is not applicable?
2. Expanded concept of quasi-delict- quasi-delict is broad A:

enough to include any rational conception of liability for
the tortuous acts likely to be developed in society. Thus, 1. Pre-existing contractual relation of employer-employee
Art. 2176 covers not only acts or omissions “not between parties
punishable by law” but also acts criminal in character, 2. Crime
whether intentional or negligent. Also, the same negligent 3. Prescription
act or omission may create an action for damages due to 4. Fortuitous event
quasi-delict under the NCC, or an action for damages 5. If there is no damage or injury caused to another party
arising from a crime or delict under the RPC or special law, 6. No breach of contract nor proof that an airline acted in
which civil action may be maintained separately at the wanton, fraudulent, or malevolent manner
election of the plaintiff (De Leon, 2012).
NOTE: The Code Commission which drafted the NCC decided to use
the term “quasi-delict” instead of “tort” in Anglo-American REQUISITES OF QUASI-DELICT
jurisprudence because the latter has a broader scope as it includes
not only negligence, but also intentional criminal acts, such as Q: What are the requisites for quasi-delict?
assault and battery, false imprisonment and deceit (De Leon, 2012).
A:
Q: How would we reconcile the use of “quasi-delict” as
nomenclature and the fact that Art. 2176 may also cover acts 1. There must be an act or omission by the defendant
criminal in character, whether intentional or negligent? 2. There must be fault or negligence of the defendant
3. There must be damage or injury caused to the plaintiff
A: Delicts, acts or omissions punished by law, and quasi-delicts, acts 4. There must be a direct relation or connection of cause and
or omissions not punished by law, are 2 distinct and separate effect between the act or omission and the damage
sources of obligations. Civil obligations arising from delicts are 5. There is no pre-existing contractual relation between the
governed by penal laws while obligations derived from quasi-delicts parties (De Leon, 2012)
are governed by the Civil Code. Thus, Art. 2176 can only refer to
Q: Who has the burden of proof in an action for quasi-delict?
1. Duty
A: 2. Breach
3. Injury
GR: It is on the person claiming damages to establish by satisfactory 4. Proximate causation
evidence that the legal cause of his damage or injury was the fault or
negligence of the defendant (De Leon, 2012) Q: What is the degree of diligence required from the medical
profession?
Q: Is negligence presumed?
A: It requires the highest degree of diligence.
A:
Q: What are the doctrines under medical negligence?
GR: Negligence is not presumed
A:
XPN: Where negligence is presumed by law (De Leon, 2012)
DOCTRINE DEFINITION
Q: What is the effect of presumption of negligence by law? Schloendorff Regards a physician, even if employed by a hospital
doctrine as an independent contractor because of the skill he
A: The burden of proving its non-existence is shifted to the party to exercises and the lack of control exerted over his
whom the presumption applies (De Leon, 2012) work
Quasi-delict arirsing from breach of contract Under this doctrine, hospitals are exempt from the
application of the respondeat superior principle for
GR: Liability for tort arises between parties not otherwise bound by fault or negligence committed nby physicians in the
the contract discharge of their profession
Principle of Imposes liability, not as the result of the reality of a
XPN: When an act or omission which constitutes the breach of apparent contractual relationship but rather because of the
contract would have itself constituted the source of quasi-delictual authority/ actions of a principal or an employer in somehow
liability had no contract existed between the parties, the contract Agency by
misleading the public into believing that the
estoppel/
can be said to have been breached by tort, thereby allowing the relationship or authority exists
Holding out
rules on tort to apply (De Leon, 2012). theory/
Doctrine of Under this doctrine, the principal is bound by the
NOTE: Contractual responsibility and extra-contractual liability, ostensible acts of his agent with the apparent authority which
exclude each other and cannot be cumulated. Contractual agency he knowingly permits the agent to assume, or which
responsibility disappears and gives way to extra-contractual liability he holds the agent out to the public as possessing.
(De Leon, 2012).
Res ipsa Although generally, expert medical testimony is
Examples: loquitur relied upon in malpractice suit to prove that a
physician has done a negligent act or that he has
1. If a person is under contract to furnish merchandise to deviated from the standard medical procedure,
another and he puts explosives or poison thereon, the act when this doctrine is availed of, the need for expert
no longer constitutes a mere breach of contract but an testimony is dispensed with because the injury itself
illicit act. provides the proof of negligence
2. The air carrier must answer for the willful and malevolent
act of its manager in case a holder of a first class ticket was Res ipsa loquitur is not a rule of substantive law.
ousted from his first class accommodation and compelled
to take a seat in the tourist class. Although the relation Elements:
between the passenger and carrier is contractual both in
origin and nature, the act that breaks the contract may 1. the occurrence of an injury;
also be a tort 2. the thing which caused the injury was
under the control and management of the
Medical Malpractice defendant;
3. the occurrence was such that in the
Q: What is medical malpractice? ordinary course of things, would not have
happened if those who had control or
A: It is a particular form of negligence which consists in the failure of management used proper care; and
the physician or surgeon apply to his practice of medicine that 4. the absence of explanation by the
degree of care and skill which is ordinarily employed by the defendant.
profession generally, under similar conditions, and in like
surrounding circumstances. NOTE: Of the foregoing requisites, the most
instrumental is the "control and management of the
Q: What are the elements of medical negligence? thing which caused the injury."
Captain of the The operating surgeon is the person in complete
A: ship doctrine charge of the surgery room and all personnel

connected with the operation. 3. Where a caretaker of carabaos was gored to death by one of
Doctrine of The judicial answer to the problem of allocating them, for he was hired to take care of them and it was his
corporate hospital’s liability for the negligent acts of health business to prevent them from causing injury or damage to
negligence or practitioners, absent facts to support the application anyone, including himself (Afialda v. Hisole, 1949)
responsibility
of respondeat superior or apparent authority. The
duty of providing quality medical service is no longer
the sole prerogative and responsibility of the
physician. Hospitals have the duty to exercise Art. 2177. Responsibility for fault or negligence under the
reasonable care to protect from harm all patients preceding article is entirely separate and distinct from the civil
admitted into its facility for medical treatment. liability arising from negligence under the Penal Code. But the
plaintiff cannot recover damages twice for the same act or
Q: Can there be a tort in malpractice in law? omission of the defendant. (n)
A: Yes. While lawyers are not required to exercise extra-ordinary Q: Distinguish criminal negligence from civil negligence.
diligence of a common carrier, they must exercise diligence not
lesser than the diligence of a good father of a family in the handling A:
of cases which they accepted from clients. Thus, a lawyer may be
made liable for nominal damages for failure to perfect an appeal. CRIMINAL NEGLIGENCE CIVIL NEGLIGENCE
A violation of criminal law A distinct and independent
Other illustrative cases on quasi-delict, (De Leon, 2012) negligence which is culpa
aquilina or quasi-delict
1. If warning devices are installed in railroad crossings, the There is criminal or malicious There is only negligence
travelling public has the right to rely on such warning devices. A intent
need for the railroad company to use reasonable care to keep Affects public interests Affects private interests
such devices on good condition and in working condition There are 2 liabilities: Only civil liability
2. Had the defendant been successful in establishing that its driver a. Criminal
blew the whistle to warn the motorists of his approach to b. Civil
compensate for the absence of warning signals, the SC would The purpose is punishment or Purpose is indemnification of
have declared the petitioner guilty of contributory negligent. correction the offended party
3. A confidential employee, knowing that his principal was
Cannot be compromised Can be compromised as any
negotiating with the owner of a land for the purchase of the other civil liability
same surreptitiously succeeded in buying it in the name of his
Guilt must be proved beyond Must be proved by
wife
reasonable doubt preponderance of evidence
4. A defendant constructed a dam closing entrance of Bocaue
The liability of the person The liability of the person
river caused damage to the plaintiff. He had no right
responsible for the author of the responsible for the author of the
whatsoever to construct the said dam
negligent act or omission is negligent act or omission is
5. When plaintiff booked in an airline for a flight to leave at 2:20
subsidiary direct and primary (De Leon,
pm arrived at 1:50 pm but was not able to check in because her
2012)
seat was given to another passenger
6. Plaintiff was erroneously arrested for a contractual debt and he
NOTE: There are 2 actions available to victims of negligence:
stayed 21 days in prision before he was released
7. Fire is not considered as a fortuitous event as it arises invariably
1. an action to enforce the civil liability arising from culpa
from some act of man
criminal under Art. 100 of the RPC
8. Where the bus driver who was trying to beat the red light hit
the victim as the latter started to cross after waiting for the
Art. 100. Civil liability of a person guilty of felony. –
traffic light to change Every person criminally liable for a felony is also
9. The driver of an overtaking vehicle must see to it that the civilly liable.
conditions are such that an attempt to pass is reasonably safe
and prudent, and in passing must exercise reasonable care 2. An action for quasi-delict (culpa aquiliana) (Arts. 2176-
10. A tug and its owner must observe ordinary diligence in the 2194 of NCC)
performance of its obligation under the contract of towage
11. A public utility cannot allow defects in an electric meter to NOTE: There is no obligation on the part of the injured party to see
continue indefinitely and suddenly demand payment for the to it that the defendant is criminally prosecuted before he may be
unrecorded electricity utilized when it could have remedied the held civilly liable nor is such prosecution indispensable (De Leon,
situation immediately. 2012).
No quasi-delict cases, (De Leon, 2012) Q: Are the causes of action in both instances the same?
1. Where there was sexual intercourse between a man and a A: No, there is no identity of causes of action between them, and
woman under a promise of marriage, but there was no therefore, a decision rendered in one is not necessarily res judicata
seduction, because the woman acted voluntarily in the other (De Leon, 2012).
2. When a bank acted in good faith in extending a loan to a party
which was used for an illegal purpose

2 SEPARATE CIVIL LIABILITIES ARISING FROM THE SAME ACT OR b. When there is a declaration in the decision that the
OMISSION liability of the accused is only civil
c. When the civil liability is not derived from or based on the
Q: What are the 2 separate civil liabilities arising from the same act criminal act of which the accused is acquitted
or omission? (independent civil actions)
A: Q: Is there a need for reservation in the criminal case for the filing
of a civil action arising from quasi-delict?
1. Civil liability ex delicto under Art. 100 of the RPC
2. Independent civil liabilities such as those arising from A: No. A quasi-delict may be prosecuted separately and
culpa contractual and intentional torts independently of the criminal case arising from the same act or
omission, just like the other independent civil actions under Articles
Q: What is the rule as to the action against the employer? 32, 33 and 34 of the NCC.
A: If the action is filed against the employer of the negligent No double recovery rule
employee, the offended party may choose the remedy of:
1. Primary liability allowed in Art. 2180 of the NCC Q: Explain the legal restriction on recovery of damages.
2. Subsidiary liability of the employer under Art. 103 of the
RPC A: The plaintiff is not allowed to recover damages twice for the same
act or omission of the defendant. The 2 causes of action (ex delicto
Art. 103. Subsidiary civil liability of other persons. – and quasi delicto) may be availed of subject to the caveat that the
The subsidiary liability established in the next offended party cannot recover twice for the same act or omission or
preceding article shall also apply to employers, under both causes (De Leon, 2012).
teachers, persons, and corporations engaged in any
kind of industry for felonies committed by their
servants, pupils, workmen, apprentices, or Q: What is the reason for the prohibition?
employees in the discharge of their duties.
A: This proscription of our law stems from the fundamental rule
Q: What is the effect of death of the accused? against unjust enrichment (De Leon, 2012). Damages are not
intended to enrich the complainant at the expense of the defendant.
A: They are awarded only to enable the injured party to recover his
losses for the things he was deprived of, or to enable him to obtain
a. Death of the accused pending appeal of his conviction means, diversion or amusement that will serve to alleviate the moral
extinguishes his criminal liability as well as the civil liability suffering he has undergone because of the culpable acts of the
based solely thereon. defendant.
b. The claim for civil liability survives notwithstanding the
death of accused, if the same may also be predicated on a
source of obligation other than delict, to wit:
1. Law Art. 2178. The provisions of Articles 1172 to 1174 are also
2. Contracts applicable to a quasi-delict. (n)
3. Quasi-contracts
4. Quasi-delicts. Application of provisions on contractual fault or negligence to
quasi-delict
Q: What will be the proper procedure in case the civil liability
survives? Under Art. 1170, those who in the performance of their obligation
are guilty of negligence are liable for damages (De Leon, 2012).
A: An action for recovery therefor may be pursued but only by way
of filing a separate civil action. This separate civil action may be Responsibility arising from negligence demandable
enforced either against:
a. In the performance of every kind of obligation, the debtor
a. the executor/administrator or is also liable for damages resulting from his negligence or
b. the estate of the accused, depending on the source of culpa. The courts are given wide discretion in fixing the
obligation upon which the same is based as explained measure of damages.
above b. When both the injured party and tortfeasor are negligent,
the fault of one cancels the negligence of the other. Thus,
Q: What is the effect of acquittal of the accused of his civil liability? their rights and obligations may be determined equitably.
No one shall enrich himself at the expense of another (De
A: The acquittal of the accused in the criminal case will not Leon, 2012).
necessarily exenorate him from civil liability.
Test of determining negligence
XPNs: Even if the accused is acquitted, the court can still award civil
liability in the following cases: Q: What is the test of determining negligence?
a. When the acquittal is based on reasonable doubt and A: As enshrined in Picart v. Smith: “Would a prudent man, in the
there was no negligence position of the person to whom negligence is attributed, foresee
harm to the person injured as a reasonable consequence of the A:
course about to be pursued?”
FORTUITOUS EVENT FORCE MAJEURE
Q: Is there a hard and fast rule for measuring degree of care? Acts of man Acts of God
An event independent of the will Those events which are totally
A: None. It is dependent upon the circumstances in which a person of the obligor but not of other independent of the will of every
finds himself situated (De Leon, 2012). human wills human being; apples to natural
accident
Q: Describe the nature of question of negligence? Robbery, murder, war, fire, Earthquake, flood, rain,
insurrection shipwreck, lightning, eruption of
A: It is a legal question which means that the existence of negligence volcano
in a given case is not determined by reference to the personal In our law, the 2 terms are identical in so far as they exempt an
judgment of the actor in the situation before him. It is the law that obligor from liability. Both are independent of the will of the obligor
considers what would be reckless, blameworthy, or negligent in the (De Leon, 2012)
man of ordinary intelligence and determines liability by that (De
Leon, 2012). Q: What are the kinds of fortuitous event?
FACTORS TO BE CONSIDERED A:
In determining the issue of negligence where loss or damage ORDINARY EXTRA-ORDINARY

occurs, the following factors must be considered: Those events which are common Those events which are
and which the contracting uncommon and which the
1. Nature of the obligation parties should reasonably contracting parties could not
2. Circumstances of the person or thing foresee have reasonably foreseen (De
3. Circumstance of time Leon, 2012)
4. Circumstance of the place (De Leon, 2012) Example: rain Example: earthquake, fire, war,
pestilence, unusual flood
Q: What is the degree of diligence required from a master of a
ship?
Q: What are the requisites of fortuitous event?
A: He must exercise a degree of vigilance commensurate to the
A:
circumstances (De Leon, 2012).
1. The event must be independent of the human will or at
Presumption of Contractual negligence
least of the obligor’s will
2. The event could not be foreseen or if could be foreseen,
QUASI-DELICT CONTRACT
must have been impossible to avoid
The negligence or tort should be The action can be pursued by 3. The event must be of such character as to render it
clearly established because it is proving the existence of the impossible for the obligor to comply with his obligation in
the basis of the action contract, and the fact that the a normal manner
obligor failed to comply with the 4. The obligor must be free from any participation in, or the
same aggravation of the injury of the oblige (De Leon, 2012)
The mere breach or non- Q: What are the rules as to liability in case of fortuitous event?
fulfillment of the prestation
gives rise to presumption of A:
fault on the part of the obligor
(De Leon, 2012) GR: A person is not responsible to another for loss or damage
resulting from fortuitous event
FORTUITOUS EVENT
XPNs:
Q: What is a fortuitous event?
1. When expressly specified by law
A: It is an event which: 2. When declared by stipulation
a. Cannot be foreseen 3. When the nature of the obligation requires the
b. Though foreseen, is inevitable (De Leon, 2012) assumption of risk (De Leon, 2012)
Q: What is the essence of fortuitous event? DOCTRINE OF ASSUMPTION OF RISK
A: It consists of being a happening independent of the will of the Q: What is the doctrine of assumption of risk?
obligor and which happening, makes the normal fulfillment of the
obligation impossible (De Leon, 2012). A: Assumption of risk may be invoked as a complete defense by the
defendant in a quasi-delictual action. It assumes that the plaintiff
Q: Distinguish fortuitous event from force majeure.

who voluntarily assumed a risk of harm from the negligent conduct cause is not attributable to the person injured (Far Eastern Shipping
of the defendant cannot recover from such harm (De Leon, 2012). Co. v. CA, 1998).
Q: How can this assumption of risk arise? Contributory negligence
A: NOTE: To be entitled to damages, the law does not require that the
negligence of the defendant should be the sole cause of the damage
1. Contract (De Leon, 2012).
2. Expressly agrees to accept risk of harm (De Leon, 2012)
Q: What is “contributory negligence”?
Q: What are the requisites?
A: Contributory negligence has been defined as "the act or omission
A: amounting to want of ordinary care on the part of the person
injured which, concurring with the defendant's negligence, is the
1. The plaintiff had actual knowledge of the danger proximate cause of the injury.
2. He understood and appreciated the risk from the danger
3. He voluntarily exposed himself to such risk (De Leon, 2012) It is the conduct on the part of the injured party, contributing as a
legal cause to the harm he has suffered, which falls below the
Q: What if the risk is not one impossible to foresee? standard to which he is required to conform for his own protection
(De Leon, 2012).
A: Then, it could be said that the nature of the obligation is such that
a party could rightfully be deemed to have assumed it (De Leon, To hold a person as having contributed to his injuries, it must be
2012). shown that he performed an act that brought about his injuries in
disregard of warnings or signs of an impending danger to health and
body.
Art. 2179. When the plaintiff's own negligence was the immediate Q: What is the effect if the negligence is not contributory to the
and proximate cause of his injury, he cannot recover damages. But injury?
if his negligence was only contributory, the immediate and
proximate cause of the injury being the defendant's lack of due A: Where both fortuitous event and lack of due diligence are present
care, the plaintiff may recover damages, but the courts shall under conditions that the loss would have happened with or without
mitigate the damages to be awarded. (n) the negligence of the obligor, the consequences are all a derivation
of the fortuitous event, it cannot be said that responsibility arise
PROXIMATE CAUSE therefrom. In such case however, the courts are not bound to
discharge the obligor from all responsibility (De Leon, 2012).
Q: What is proximate cause?
Q: Are children below 9 years old capable of contributory
A: It is the adequate and efficient cause as in natural order of negligence?
events, and under the particular circumstances surrounding the
case, would necessarily produce the event. It is that cause, which, in A: No. A child below 9 years old is conclusively presumed incapable
natural and continuous sequence, unbroken by any efficient of contributory negligence as a matter of law.
intervening cause, produces the injury, and without which the result
would not have occurred. Tests to determine existence of proximate cause
NOTE: Proximate cause is not the same as immediate cause. TEST DESCRIPTION
Foreseeability Where the particular harm was reasonably
A prior or remote cause cannot be the basis of an action if such test foreseeable at the time of the defendant’s
remote cause did nothing more than furnish the condition or give misconduct, his act or omission is the legal cause
rise to the occasion by which the injury was made possible, if there thereof.
intervened between such prior cause and the injury a distinct,
successive unrelated, and efficient cause of the injury, even though Foreseeability is the fundamental test of the law
such injury would not have happened but for such occasion or of negligence
condition (De Leon, 2012).
If the defendant could not reasonably foresee
Q: What if there are concurrent causes? any injury as a result of his act, or his conduct
was reasonable in the light of what he could
A: Where the concurrent or successive negligent acts or omissions of anticipate, there is no negligence and there is no
2 or more persons although acting independently, are in liability (De Leon, 2012).
combination, the direct and proximate cause of a single injury to a Natural and Where the defendant’s liability is recognized
third person, and it is impossible to determine in what portion each probable only if the harm or injury suffered is the natural
contributed to the injury, either of them is responsible for the whole consequence and probable consequence of his act or omission
injury (De Leon, 2012). It is sufficient that the negligence of the test complained of
person charged with injury is an efficient cause without which the
injury would not have resulted to as great an extent, and that such Q: Is foreseeabilty an element of this test?
establishing foreseeability of the consequences,
A: Yes, since what is probable is in a real sense but must prove the absence of any intervening
foreseeable (De Leon, 2012). force (De Leon, 2012).
Q: What do you mean by “natural and probable Q: Distinguish “foreseeability or probability

consequences”? test” from “direct consequence test.”
A: Those which human foresight can anticipate A: Under the first, recovery may be denied
because they happen so frequently, they, may where the consequences of the negligence are
be expected to recur, as contrasted with so extra-ordinary or to be deemed merely as
“possible consequences” which are those that possible and not foreseUnder the first, recovery
happen so infrequently that they are not may be denied where the consequences of the
expected to happen again (De Leon, 2012). negligence are so extra-ordinary or to be
Sine qua non Where the defendant’s conduct will not be deemed merely as possible and not foreseeable
test/ considered as proximate cause of the event just or probable, while under the second, recovery is
But for test the same would have occurred without it. allowed although the consequences are most
surprising, extra-ordinary or bizarre (De Leon,
The defendant’s conduct cannot be said to be 2012).
the proximate cause of the accident unless the
accident could have been avoided without such Q: What are “intervening forces”?
negligent act (De Leon, 2012).
A: They are new forces which join with the defendant’s negligence
“For the defendant to be held liable, the plaintiff to injure the plaintiff. Highly improbable and extra-ordinary
must establish that ‘but for’ the defendant’s intervening forces are generally found superseding and preclude
culpable conduct or activity, the plaintiff would liability (De Leon, 2012).
not have been injured” (De Leon, 2012) `
Minnesota rule/ The defendant’s conduct is a cause of the event Illustrations
Ness test if it was a material element and a substantial
factor in bringing it about, whether it was such SCENARIO PROXIMATE CAUSE
a substantial factor is for the court to determine Where a bus overturned at night due to a Overturning of the
Cause and There is a distinction between: burst tire and later it caught fire due to a bus
conditions test/ a. Active cause of the harm or injury man who happened to approach the bus
Cause in fact b. Existing conditions upon which that with a lighted torch as a result of which he
test cause operated was burned
If the defendant has created a passive static A railroad company allowed sparks to escape the owner of a
condition, he is not liable from its locomotive engine, by means house cannot be
whereof fire destroyed a house near its track said to be guilty of
The question is whether his conduct played such contributory
a part in causing the damage as would make him negligence in
the author of such damage and liable therefor in relation to such fire
the eyes of the law (De Leon, 2012). which was the
Substantial If the actor’s conduct is a substantial factor in proximate cause
factor test/ bringing about harm to another, the fact that Where the driver of a dump truck parked it Improper parking of
Test of actual the actor neither foresaw nor should have improperly at night near his residence and it the dump truck
causation foreseen the extent of the harm or the manner was bumped by the driver of a car who
Cause in fact in which it occurred, does not prevent him from suffered damages
test being liable (De Leon, 2012) A fire broke out as a gasoline station while Employee’s
gasoline was being hosed from a tank truck negligence
If the harmful result would not have come about into the underground storage, right at the
had the defendant not been negligent, his opening of the receiving tank where the
conduct is a substantial factor and there would nozzle of the hose was inserted, as a result
be legal causation (De Leon, 2012). of which several houses were burned
Direct The defendant is liable for all the damage that Where one, less than 20 yrs. Old, being MERALCO is
consequence flows as the ordinary and natural, or direct unconscious of the peril placed his hand on a negligent in so
test consequence of his conduct to be determined wire connected to an electric light pole, and placing the pole and
from the circumstances of the case rather than met his death through electrocution wires as to be
upon whether he might or must have reasonably within the proximity
expected the resulting injury (De Leon, 2012). of a place
frequented by many
Q: What is required under the “direct persons
consequence test”? A 15-year old boy found a fulminating cap Boy’s own act
within MERALCO’s premises, put a match to (Taylor v. MERALCO,
A: The plaintiff is not concerned with its contents, and was blinded in one eye and 1910)

suffered other injuries when the detonating A: No because one cannot allege the negligence of another to evade
cap exploded the effects of his own negligence. It may however, mitigate the civil
liability of the defendant but cannot affect his criminal liability.
Doctrine of Comparative Negligence
Q: Is the principle of proximate cause applicable for actions
Q: What is the “doctrine of comparative negligence”? involving breach of contract?
A: It modified the doctrine of contributory negligence which has A: No, it is only applicable for actions of quasi-delict, not in actions
been criticized as overly harsh. A comparison is made in terms of the involving breach of contract. The doctrine is a device for imputing
degree of the negligence and of the defendant and the amount of liability to a person where there is no relation between him and
damages recoverable by the plaintiff is reduced to the extent of his another party.
negligence (De Leon, 2012).
Q: What are the different rules under the doctrine of comparative
Under the modified form, the plaintiff can recover if his negligence is negligence?
less than or equals that of the defendant (De Leon, 2012).
A:
Q: Is the defense of contributory negligence applicable in cases
committed through reckless imprudence? PURE COMPARATIVE ARKANSAS COMPARATIVE
NEGLIGENCE RULE NEGLIGENCE RULE
A: No, since one cannot allege the negligence of another to evade The plaintiff can recover from Plaintiff can recover if his
the effects of his own negligence (De Leon, 2012). the defendant regardless of the negligence is lesser in degree
extent of the negligence of the than that of defendant
Q: Discuss the effect of contributory negligence on the part of the former.
plaintiff. Example
If the plaintiff is 90% negligent If the combined negligence of
A: and the defendant is 10% both parties is on a 50-50 basis,
negligent, the plaintiff can the plaintiff cannot recover
NEGLIGENCE EFFECT recover from the defendant the
If the proximate No recovery for damages monetary value of loss suffered
Cause of the up to 10%
injury is the
contributory Illustrations
negligence of the
plaintiff a. Contributory negligence
Plaitiff’s Plaintiff is barred from recovering the damages
negligence is the for loss or injury caused by the negligence of 1. No one could foresee the coincidence of an automobile
sole, proximate the defendant appearing and of a frightened child running and falling into a
and immediate ditch filled with hot flowing water from the electric and ice-
legal cause plant of the defendant.
Both plaintiff and The plaintiff may recover but the amount of his 2. Where 2 automobiles going on opposite directions, collide on
defendant are at recovery may only be such proportion of the turning a street corner, and it appears from the evidence that
fault entire damage plaintiff sustained as the the drivers were equally negligent and contributed equally to
defendant’s negligence bears to the combined the collision, neither can recover from the other for the
negligence of both the plaintiff and the damages suffered (De Leon, 2012)
defendant.
DOCTRINE OF ATTRACTIVE NUISANCE
NOTE: According to De Leon, when both are at
fault, neither can recover from the other as Q: Explain the doctrine of attractive nuisance.
each must bear his own damage (De Leon,
2012). A: One who maintains on his premises dangerous instrumentalities
or appliances of a character likely to attract children in play, and
Doctrine Of Comparative Negligence who fails to exercise ordinary care to prevent children from playing
therewith or resorting thereto, is liable to a child of tender years
Q: What is the “doctrine of comparative negligence”? who is injured thereby, even if the child is technically s trespasser in
the premises.
A: The negligence of both the plaintiff and of the defendant are
compared for the purpose of reaching an equitable apportionment Q: What is the reason for this doctrine?
of their respective liabilities for the damages caused and suffered by
the plaintiff. A: The condition or the appliance in question although in danger is
apparent to those of age, it is so enticing and alluring to children of
Q: Can the principle of contributory negligence apply in criminal tender years as to induce them to approach, get on or use of it and
cases? this attractiveness is an implied invitation to such children (Hidalgo
Enterprises v. Balandan).

Q: Is the doctrine of attractive nuisance applicable to bodies of 1. Plaintiff is placed in danger by his own negligent acts and
water? he is unable to get out from such situation by any means
2. Defendant knows that the plaintiff is in danger and he
A: Generally, no in the absence of some unusual condition or knows or should have known that the plaintiff was unable
artificial features other than the mere water and its location. to extricate himself therefrom
3. Defendant had the last clear chance or opportunity to
NOTE: Nature has created streams, lakes and pool attract children. avoid the accident through the exercise of ordinary care
Lurking in their waters is always the danger of drowning. Against this but failed to do so, and the accident occurred as a
danger, children are early instructed so that they are sufficiently proximate result of such failure
presumed to know the danger.
Q: Give instances when the doctrine of last clear chance is
DOCTRINE OF LAST CLEAR CHANCE OR inapplicable.
HUMANITARIAN NEGLIGENCE DOCTRINE OR
DOCTRINE OF SUPERVENING NEGLIGENCE A:
Q: Explain the Doctrine of Last Clear Chance. 1. Collapse of a building or structure

2. When the claim or demand of the injured passenger is the
A: Where both parties are guilty of negligence, but the negligent act enforcement of the carrier’s contractual obligation to
of one succeeds that of the other by an appreciable interval of time, bring him safety of his destination
the one who has the last reasonable opportunity to avoid the 3. Where the injury or accident cannot be avoided by
impending harm and fails to do so, is chargeable with the application of all means at hand after peril has been
consequences without reference to the prior negligence of the other discovered.
party.
Res Ipsa Loquitur
The negligence of the claimant does not preclude a recovery for the
negligence of the defendant where it appears that the latter, by Q: What is Res Ipsa Loquitur?
exercising reasonable care and prudence might have avoided
injurious consequences to the claimant notwithstanding his A: It literally means “the thing or transaction speaks for itself.”
negligence.
Q: What are the requisites?
TO SUM UP: One who had the last clear opportunity to avoid the loss
but failed to do is chargeable with the loss. A:
Q: Discuss the Doctrine of Last Clear Chance as a phase of 1. The accident was of such character as to warrant an
proximate cause. inference that it would not have happened except for the
defendant’s negligence
A: The negligence of the plaintiff is just a remote cause of the 2. The accident must have been caused by an agency or
accident. instrumentality within the exclusive management and
control of the person charged with the negligence
Q: What is necessary to allow recovery? complained of
3. The accident must not have been due to any voluntary
A: There must be a time sequence. There must be an interval in action or contribution on the part of the person injured.
which the plaintiff’s act of negligence is complete and in which the
defendant by the exercise of reasonable care has had an opportunity Q: What is the most important among the requisites?
to avert disaster.
A: It is the control and management of the thing which cause the
Q: Why is the doctrine also called “Humanitarian Negligence injury.
Doctrine”?
Q: Who has the burden of proof in cases involving Res Ipsa
A: It is an exception to the rule on contributory negligence. It Loquitur?
proceeds from the precepts of humanity and of natural justice.
A:
Q: Why is it often called the “Doctrine Of Supervening
Negligence”? GR: It is on the plaintiff to establish that the proximate cause of his
injury was the negligence of the defendant
A: After the plaintiff’s negligence had been concluded, another
negligence coming from the defendant intervenes. XPN: The burden of evidence is shifted to the defendant to establish
that he had observed due care and diligence
Elements of Doctrine of Last Clear Chance
Q: How is prima facie negligence established?
Q: What are the elements of Doctrine of Last Clear Chance?
A: By direct proof of negligence.
A:
Q: Is negligence presumed by law in case of res ipsa loquitur?
Art. 2180. The obligation imposed by Article 2176 is demandable
A: Yes. However, the presumption of the negligence arising from the not only for one's own acts or omissions, but also for those of
principle of res ipsa loquitur may be rebutted. It is not conclusive. persons for whom one is responsible.
Q: Is res ipsa loquitur a rule of substantive law? The father and, in case of his death or incapacity, the mother, are
responsible for the damages caused by the minor children who live
A: No. It is only an evidentiary rule, hence, it does not per se create in their company.
or constitute an independent or separate ground for liability.
Guardians are liable for damages caused by the minors or
Q: What are the principal defenses against actions based on incapacitated persons who are under their authority and live in
negligence? their company.
A: The owners and managers of an establishment or enterprise are

likewise responsible for damages caused by their employees in the
Emergency One who suddenly finds himself in a place of service of the branches in which the latter are employed or on the
rule danger, and is required to act without time to occasion of their functions.
consider the best means that may be adopted to
avoid the impending danger, is not guilty of Employers shall be liable for the damages caused by their
negligence, if he fails to adopt what subsequently employees and household helpers acting within the scope of their
and upon reflection may have been a better assigned tasks, even though the former are not engaged in any
method, unless the emergency in which he finds business or industry.
himself is brought about by his own negligence.
Assumption This is a voluntary resumption of a risk of harm The State is responsible in like manner when it acts through a
of risk arising from the negligent conduct of the special agent; but not when the damage has been caused by the
defendant. It presupposes an intentional exposure official to whom the task done properly pertains, in which case
to a known peril. The assumption may be express what is provided in Article 2176 shall be applicable.
or implied.
a. Express- when stated explicitly in a Lastly, teachers or heads of establishments of arts and trades shall
contract be liable for damages caused by their pupils and students or
b. Implied- when based on the conduct of apprentices, so long as they remain in their custody.
the plaintiff
The responsibility treated of in this article shall cease when the
Q: Is the principle of assumption of risk applicable persons herein mentioned prove that they observed all the
to cases under Workmen’s Compensation Act? diligence of a good father of a family to prevent damage. (1903a)
A: No. The employer is liable for damage or PRINCIPLE OF VICARIOUS OR IMPUTED LIABILITY
compensation for the employee for any injuries
which the latter may suffer from any accident Q: Explain the “Principle Of Vicarious Or Imputed Liability”?
arising out and in the course of his employment or
other venue directly caused by such employment. A: One is not only liable for his own quasi-delictual acts but also for
Contributory Plaintiff’s own negligence was the immediate and those persons for whom he is responsible under the law. The liability
negligence proximate cause of his injury, he cannot recover for the acts of others enumerated under Art. 2180 is known as
damages Principle Of Vicarious Or Imputed Liability.
Volenti non This literally means “to which a person assents is
fit not esteemed in law as injury” NOTE: The negligence is said to be imputed if the tortfeasor is
different from the person who is being held responsible (De Leon,
One is not legally injured if he has consented to the 2012).
act complained of or was willing that it shall occur
This principle is an exception to the rule that no person can be held
RESCUE DOCTRINE OR liable for the acts or omissions of another, and therefore, it cannot
HUMANITARIAN DOCTRINE be extended to persons not included in this article (De Leon, 2012).
Q: Discuss the so-called “Rescue Doctrine.” Q: Does Art. 2180 distinguish whether the injured party or claimant
is an employee or a third person?
A: One who has, through his negligence endangered safety to
another may be held liable for injuries sustained by third person A: No (De Leon, 2012).
who attempts to save another from injury.
THEORY OF PRESUMED NEGLIGENCE
The one who sees a person in imminent and serious peril through
the negligence of another cannot be charged with contributory Q: What is the “Theory Of Presumed Negligence”?
negligence as a matter of law, in risking his own life or serious injury
in attempting to rescue, provided the attempt is not recklessly or A: The principle of vicarious liability is based on this theory. This
rashly made. doctrine bases the responsibility of the master ultimately on his own

negligence and not that of the servant. “He who does a thing A: It is based on a presumption juris tantum of negligence on the
through another does it himself” (De Leon, 2012). part of the persons made responsible under the article, derived from
their failure to exercise due care and vigilance over the acts of
Q: Can the employer escape liability by interposing the defense of subordinates to prevent them from causing damage. Negligence is
due diligence in the selection and supervision of the negligent imputed to them by law, unless they prove the contrary.
employee?
NOTE: There are 2 persons who may be held liable under the
A: No (De Leon, 2012). principles of vicarious liability:
1. Actual tortfeasor
PRINCIPLE OF PATER FAMILIAS 2. Vicarious obligor
Q: The basis of liability under the principle of vicarious liability is Q: Is the actual tortfeasor exempted from liability?
on the principle of pater familias. Explain.
A: No. They may be sued and made liable alone as when the person
A: The persons mentioned therein become liable to the aggrieved responsible for them or vicarious obligor proves that he exercised
party because of their failure to exercise due care and vigilance over the diligence of a good father of a family or when the actual
the acts of subordinates in their service or supervision to prevent tortfeasor has no parents or guardians, in the latter case, they are
the damage (De Leon, 2012). answerable with their own property.
Q: What are “quasi-torts”? Nature Of The Responsibility Of The Vicarious Obligor
A: A person or juridical entity is made solidarily liable with a Q: What is the nature of the responsibility of the vicarious obligor?
tortfeasor simply by reason of his or her relationship with the latter.
The relationship may either be a parent and child; guardian and A: The civil liability imposed upon the vicarious obligor is primary
ward; employer and employee; school and student. and direct and not subsidiary. He is solidarily liable with the
tortfeasor. His responsibility is not conditioned upon the insolvency
Q: Who are “minors”? or prior recourse against the negligent tortfeasor.
A: Minors refer to those below 21 years and not to those below 21 Vicarious liability of the parents
years. The law reducing the majority age from 21 to 18 years did not
amend these paragraphs. Q: What is the reason for the vicarious liability of the parents?
Q: What does “incapacitated” mean under paragraph 3? A: This is a necessary consequence of the parental authority they
exercise over them which imposes upon the parents the duty of
A: It refers to those under guardianship who are persons beyond 21 supporting them, keeping them in their company, educating them in
years of age but are incapacitated such as those who are insane or proportion to their means. The law also gives them the right to
imbecile. punish them in moderation.
Q: Is the “Principle Of Vicarious Or Imputed Liability” the same as NOTE: The civil liability is based on the parental authority vested by
“respondeat superior”? the Civil Code upon such parents coupled with the presumed
parental dereliction in the discharge of the duties accompanying
A: No. such authority (De Leon, 2012).
PRINCIPLE OF VICARIOUS OR RESPONDEAT SUPERIOR Q: How can the parents be relieved from the obligation?
IMPUTED LIABILITY
One is not only liable for his own The negligence of the servant is A: If they prove that they exercised all the diligence of a good father
quasi-delictual acts but also for conclusively the negligence of of a family to prevent the damage.
those persons for whom he is the master
responsible under the law. Q: Are the father and the mother simultaneously liable? When is
the mother liable?
He can be freed from liability if
he can prove that he had A: No, the law does not make the father and the mother
observed all the diligence of a simultaneously liable. It is only in case of death or incapacity of the
good father of a family to father that the mother may be held liable. This is despite the fact
prevent the damage that they exercised joint parental authority over their minor
Basis children.
Principle of Pater familias
Alternative answer: Thus, the liability of the father and the mother
The reason for the master’s is not simultaneous but alternate. But under the FC, there is no
liability is negligence in the more alternate qualification as to the civil liability of parents. The
supervision of his subordinates liability of both father and mother is now primary and not subsidiary
(De Leon, 2012). This is based on Arts. 219, 221, and 236 of the FC.
Q: What is the basis of the liability under Art. 2180?
Q: What is the effect of the absence of the father?
A: This is not provided for by the law since absence is different from A: The liability would still exist. It should still attach even when the
incapacity. Incapacity may include insanity, imbecility, or serious minor is not living with the parents if the separation is unjustifiable
sickness but not absence. However, in case of the absence of the because of the failure of the parents to properly exercise their
father, it will be the mother who is present and with whom the parental authority and responsibility (De Leon, 2012).
minor children live who will be vicariously liable.
Vicarious liability of guardians
Q: What are the elements of vicarious liability of the parents?
Q: Describe the Vicarious liability of guardians with respect to their
A: ward?
1. The child is below 21 years. A: The vicarious liability of guardians with respect to their wards is
2. The child committed a tortuous act to the damage and governed by the same rule as in the liability of parents with respect
prejudice of another person to their children below 21 years of age and who live with them.
3. The child lives in the company of the parent concerned
whether single or married However, in case of guardianship, the ward may be an adult or of
age, like an incompetent or incapacitated adult.
Q: What is the rule regarding the responsibility for the minor
adopted children? NOTE: The guardians stand in locus parentis (De Leon, 2012).
A: Judicially adopted children are considered legitimate children of Q: What are included under the word “incompetent”?
their adopting parents. Thus, the adopters ate civilly liable for their
tortuous or criminal acts if the children live with them and are below A:
21 years of age.
1. Hospitalized lepers
Q: How about in case of extra-judicial adoption? 2. Prodigals
3. Deaf and dumb who are unable to read and write
A: Extra-judicial adoption creates no legal relation between the child 4. Those suffering from the penalty of civil interdiction
and the caretaker. This is adoption de facto without legal bond. 5. Those of unsound mind, even though they have lucid
However, the foster parent may still be held liable. intervals
6. Persons not being of unsound mind, but by reason of age,
Q: What is the rule as to illegitimate children? disease, weak mind, and other similar causes, cannot
without outside aid, take care of themselves and manage
A: their property, becoming thereby an easy prey for deceit
and exploitation (De Leon, 2012)
a. If the child is illegitimate and is acknowledged by the
father and lives with the latter, the father shall be Q: What if the ward has 2 guardians (one over his property, and
responsible. another over his person)?
b. However, if illegitimate and not recognized but is under
the custody and supervision of the mother, the latter is A: Only the guardian over his person shall be held liable because he
liable is under obligation to supervise the personal acts of the ward.
Q: May the subsidiary liability of the parents arising from criminal Q: Are de facto guardians covered by par. 3?
acts of their minor children who acted with discernment be
determined under Art. 2180? A: De facto guardians are relatives and neighbors who take unto
themselves the duty to care and support orphaned children without
A: Yes. The provision likewise applies to the minor who acted passing through judicial proceedings.
maliciously or with criminal intent.
GR: Would not be responsible because of the absence of the basis
The liability of parents under Art. 2180 covers not only civil for the responsibility
obligations arising from quasi-delict but also those from criminal
offenses not covered by Art. 101 of the RPC. It also extends to XPN: The injury is the result of bad education or training by the
“other persons exercising parental authority like judicially appointed guardian de facto (De Leon, 2012)
guardians and adopters” (De Leon, 2012).
Employer’s vicarious liability
Q: What is the effect of emancipation?
Q: What are the requisites for the employer’s vicarious liability?
A: The responsibility is limited under to the minor children who live
in their company. Emancipation which takes place by attainment of A:
the age 18 years shall permanently terminate parental authority.
Nevertheless, parental liability subsists even if the minor is already 1. That the employee was chosen by the employer personally
emancipated provided he is below 21 years of age (De Leon, 2012). or through another
Q: What if the minor is already married?

2. That the service is to be rendered in accordance with XPN: However, if the employer retains control and supervision over
orders which the employer has the authority to give at all the person engaged with respect to the work to be done, there is
times between them an employer-employee relationship.
3. That the illicit act of the employee was on the occasion or
by reason of the functions entrusted to him Paragraph 5
Q: But before the above requisites are established, what must be “Employers shall be liable for the damages caused by
proven? their employees and household helpers acting within
the scope of their assigned tasks, even though the
former are not engaged in any business or industry.”
A:
This provision covers tortuous acts of:
1. That they are indeed the employers of the convicted
1. Household helpers
employees
2. Family cooks
2. That the former are engaged in some kind of industry
3. Gardeners
3. That the crime was committed by the employees in the
4. Yayas
discharge of their duties
5. Servants, etc.
4. That the execution against the latter has not been
established due to insolvency.
Q: Distinguish paragraphs 4 and 5.
Vicarious liability of owners and managers
A:
Q: Does the terms “owners and managers” (par. 4) and employer
(par. 5) include the manager of the corporation? PARAGRAPH 4 PARAGRAPH 5
“The owners and managers of “Employers shall be liable for the
A: No. The term “manager” or director in Spanish is used in the an establishment or enterprise damages caused by their
sense of “employer.” Hence, no tortuous or quasi-delictual liability are likewise responsible for employees and household
can be fastened on a manager of a cooperation owning a truck, the damages caused by their helpers acting within the scope
reckless operation of which allegedly resulted in the vehicular employees in the service of the of their assigned tasks, even
accident from which the damage arose, in connection with said branches in which the latter are though the former are not
accident because he himself may be regarded as an employee or employed or on the occasion of engaged in any business or
dependiente of his employer (De Leon, 2012). their functions.” industry.”
Requires the engagement in The employers need not be
NOTE: Paragraph 4 refers to owners and managers of business on the part of the engaged in any business or
establishments and enterprises. In effect, the owners are employers employers as the law speaks of industry
if they are also managers if their establishments and enterprises. “establishment or enterprise”
Covers negligent acts of Encompasses negligent acts of
Q: May managers be held vicariously liable? employees committed either in employees acting within the
the service of their branches or scope of their assigned task
A: on the occasion of their
functions
a. A mere manager who does not own the business is not to
be considered an employer because as manager, he is just NOTE: It is a requirement that the employee must be in the
a high class employee. performance of his assigned task when the injurious act was
b. But a manager who assumes the responsibility of committed. An employer incurs no liability when an employee’s
supervision over the employees of the owner may be held conduct, act or omission is beyond the range or employment.
liable for the acts of the employees.
Q: What is the nature of the employer’s liability?
Q: The negligence of the professor is the negligence of the school.
Why is such the rule? A: The liability of the employer under this article is primary, direct
and immediate as it is not conditioned on a prior recourse against
A: When one of 2 innocent parties must suffer, he through whose the negligent employee or a prior showing of insolvency of such
agency the loss occurred must bear it. employee. It is also joint and solidary with the employee although
the former can recover from the latter whatever it pays to the
Q: Is an independent contractor an employee? plaintiff (De Leon, 2012).
A: Q: How can the employer overcome the “legal presumption” of

negligence”?
GR: No, he is not an employee of the person who engaged his
services. The independent contractor is free to execute the work A: By clear showing that in the selection and supervision he
without being subject to the orders of the employer on the details of observed all the diligence of a good father of a family to prevent
the work. damage. In other words, the burden of proof is on the employer. It is
not necessary to state in the complaint that the employer was
negligent in the selection and supervision of his employees,

inasmuch as his negligence is presumed by operation of law (De
Leon, 2012). Q: Is the employer liable for the use of his vehicle by the employee
outside the regular working hours?
NOTE: The employers must show their policy in hiring their
employees and the manner they supervise them. They must monitor A: No, even where the employer contemplates that a regularly
their implementation and impose disciplinary measures for breaches assigned motor vehicle will be used by the employee for personal as
thereof. To establish compliance with these requirements, well as business purposes and there is some incidental benefit to the
employers must present concrete proof, including documentary employer.
evidence (De Leon, 2012).
Q: Are these American principles applicable in our jurisdiction?
The employer must not be satisfied with the NBI clearance or police
clearance. He should carefully examine the applicant as to his: A: Yes, although under the doctrine of respondeat superior.
a. Qualifications
b. Experience RESPONDEAT SUPERIOR
c. Record of service
Q: What is the doctrine of Respondeat Superior?
No law requires the passing of psychological and physical tests prior
to employment but such circumstances would certainly be a reliable A: It literally means “let the master answer.” It means that a master
indicator of the exercise of due diligence (De Leon, 2012) is liable in certain cases for the wrongful acts of his servant and a
principal for those of his agent.
Q: If It is not necessary to state in the complaint that the employer
was negligent in the selection and supervision of his employees, NOTE: This doctrine of Respondeat Superior applies only when the
what would be sufficient allegations? relation of master and servant existed between defendant and
wrongdoer at the time of injury sued for, in respect to very
A: Allegations of: transaction from which it arose.
a. Negligence against the employee
b. Employer-employee relationship in the complaint are The doctrine does not apply where the injury occurs while the
enough to make out a case of quasi-delict (De Leon, 2012) employee is acting outside the legitimate scope of authority.
Q: The rule is an employer’s liability for acts of its employees Q: What is the nature of the liability of the employer?
attaches only when tortuous acts of the employee relates to or in
the course of his employment. What if an injury occurred during a A: Direct and immediate. It is not conditioned upon a prior recourse
strike? against the negligent employee or a prior showing of insolvency of
such employee. It is also joint and solidary with the employee
A: They are acting on their own beyond the range of their
employment. An employer cannot be held liable for damages caused Q: What are the remedies of an injured party in pursuing the civil
by the strike (De Leon, 2012). liability of the employers?
Q: What is the degree of diligence required in case of common A:

carriers?
CIVIL ACTION FOR DAMAGES CRIMINAL CASE AGAINST
A: By the nature of the their business and for the reason of public BASED ON QUASI-DELICT OFFENDER
policy, extra-ordinary diligence is required of them in the vigilance UNDER ART. 2180
over the goods and for the safety of the passengers transported by If he succeeds in proving the If the offender is found guilty,
them. negligence of the employee, the the civil liability of the employer
liability of the employer is is subsidiary.
American jurisprudence regarding the employer’s liability for the primary, direct and solidary.
injuries inflicted by the negligence of an employee in the use of an Diligence of good father of The employer cannot use as
employer’s motor vehicle family is a proper defense defense the exercise of the
diligence of good father of
Q: Discuss the American jurisprudence regarding the employer’s family
liability for the injuries inflicted by the negligence of an employee NOTE: The judgment in criminal
in the use of an employer’s motor vehicle. action pronouncing the
employee to be also civilly liable
A: An employee who uses the motor vehicle of the employer in is conclusive on the employer
going from and to the place where he intends to eat or in returning not only as to the actuality of
to work is not ordinarily acting within the scope of his employment the liability but also as to the
in the absence of some special business benefit to the employer. amount
Q: What is the so-called “special errand” or the “roving Enforcement of the subsidiary liability of the employer
commission rule”?
Q: What are the requisites for the Enforcement of the subsidiary
A: It is held that the employee continues to be in the service of his liability of the employer?
employer until he actually reaches home.
A: 2. When the act is performed by an official upon whom
previously devolved the duty of doing the act performed
1. He is indeed the employer of the convict
2. That he is engaged in some kind of industry When the state acts through When the act is performed by
3. That crime was committed by the employee in the special agent an official upon whom
discharge of his duties previously devolved the duty of
4. Execution against the employee is unsatisfied doing the act performed
The state is subject to the It is the official, not the State,
Q: Is the presence of employer-employee relationship presumed? liability for damages caused by who is liable for damages caused
special agent by the act he performed
A: No.
Q: What is meant by “official”?
Q: May the employer who is made liable seek reimbursement?
A: It comprises of all officials and employees of the government who
A: Yes. exercise duties of their respective public offices.
State’s imputed liability Imputed liability of teachers and heads of schools
Q: When can the State be held liable? Q: What is the basis of his liability of the teachers or heads of
schools?
A: The state is only liable for the negligent acts of its officers, agents
and employees when they are acting as special agents. The State has A: The teachers and heads mentioned stand, to a certain extent, in
voluntarily assumed liability for acts done through special agents. locus parentis to their pupils and students (De Leon, 2012).
Q: Who is a “special agent”? Q: Does paragraph 7 contemplates a situation where the pupil lives
and boards with the teacher such that the control, direction and
A: He is one who receives a definite and fixed order of commission, influence on the pupil supersedes that of the parents?
foreign to the exercise of the ordinary duties of his office.
A: No longer.
Q: What are the aspects of liability of state?
Jurisprudence:
A:
Exconde vs. The provision is restrictive; “the teachers and
PUBLIC or GOVERNMENTAL PRIVATE or NON- Capuno directors of arts and trades” do not include
GOVERNMENTAL teachers and heads of academic institutions
State is liable for the tortuous The state is engaged in private Palisoc vs. The provision is made liberal to include both
acts of its special agents business or enterprises, it Brillantes and academic and non-academic schools.
becomes liable as an ordinary Amadora vs. CA
employer Pasco vs. CFI of Art. 2180 applies only to teachers and heads of
Bulacan schools of arts and trades
NOTE: If the special agent is not a public official and is commissioned
to perform non-governmental functions, then the State assumes the ACADEMIC SCHOOLS ESTABLISHMENTS OF ARTS AND
role of an ordinary employer and will be held liable as such for the TRADES
tortuous acts of said agent. GR: The responsibility for the XPN: It is the head thereof, and
tort committed by the student only he, who shall be held liable
If the public officer committed tortuous acts unrelated to his special will attach to the teacher in
assignment, he alone is responsible. charge of such students
Teachers should apply to “pupils Heads of establishments should
Q: May the State appoint a special agent to perform acts for the and students” apply to the word “apprentices”
private and business interests of the State? There is no substantial distinction between the academic and non-
academic schools insofar as torts committed by their students are
A: Yes. concerned. The same vigilance is expected from the teacher over
the students under his control and supervision, whatever nature of
Q: May the State commission a private person to perform the school where he is teaching (De Leon, 2012 citing Amadora v.
governmental functions? CA, 1988)
A: Yes.
Q: Why is there a difference between the liability of the teacher in
any school, head of academic school and head of school of arts and
Q: What are the 2 situations covered by paragraph 6?
trades?
A:
A:The reason can be traced to the fact that historically the head of
the school of arts and trades exercised a closer tutelage over his
1. When the state acts through special agent pupils than the head of the academic school. They were such a

master and so were even boarded with them and so came under his A: As long as the defendant can show that he had taken the
constant control, supervision and influence. necessary precautions to prevent the injury complained of, he can
exonerate himself from the liability imposed (De Leon, 2012).
By contrast, the head of the academic school was not so as involved
with his students and exercised only administrative duties over the Q: Are students of age within the coverage of par. 7?
teacher who were the persons directly dealing with the students.
The head of the academic school had then as now only a vicarious A: Yes. The responsibility under Art. 2180 is not limited to pupils,
relationship with the students. While he could not be directly students, or apprentices who are minors. While there is such
faulted for the acts of the students, the head of the school of arts limitation in the case of parents and guardians, no such limitation is
and trades, because of his closer ties with them, could be so blamed. provided as to teachers and school heads (De Leon, 2012).
Q: Is the distinction still important? NOTE: The teacher or the head of the school of arts and trades is
responsible for the damage caused by the student or apprentices
A: No, it is conceded that the distinction no longer obtains at even if he is already of age. But in such case, it is reasonable for
present in view of the expansion of the schools of trades and arts, leniency in assessing the teacher’s responsibility for the acts of the
the consequent increase in their enrollment, and the corresponding student.
diminution of the direct and personal contract of their heads with
the students. However, Art. 2180 remains unchanged. In the present Q: Is the school itself liable?
date, the provision must be interpreted by the Court according to its
clear and original mandate until the legislature, taking into account A: Under the present ruling, it is not the school that will be held
the changes in the situation subject to be regulated, sees fit to enact directly liable. Moreover, the defense of due diligence is available to
the necessary amendment (De Leon, 2012). it in case it is sought to be held answerable as principal for the acts
or omissions of its head or teacher in its employ De Leon, 2012). The
Q: What is the limitation to the liability of teachers and heads of school can show that it exercised proper measures in selecting the
schools? head or its teachers and the appropriate supervision over them in
the custody and instruction of the pupils pursuant to its rules and
A: They are only liable if the students remain in schools. If they are regulations for the maintenance of discipline among them.
no longer in school, their responsibility shall attach no more.
Diligence of a good father of a family
Q: What do you mean by “so long as the students remain in their
custody”? Q: What do you mean by “Diligence of a good father of a family”?
A: It means protective and supervisory custody. It holds true for as A: It means the diligence which an ordinary and prudent man would
long as they are at attendance at the school, including recess time. exercise with regard his own property.
Nothing in the law requires that for liability to attach, the students
must live and board at the school. Q: Is breach of contractual duty compatible with the defense of
Diligence of a good father of a family?
The student is in custody of the school authorities as long as he is
under the control and influence of the school and within its A: No.
premises, whether the semester has not yet begun or has already
ended (De Leon, 2012). Under the FC, custody extends to activities Q: What is the reason for the presumption of negligence against
even outside the premises as long as they are “authorized the employer?
activities.”
A: Where an injury is caused by negligence of a servant or employee,
NOTE: Student’s presence in school pursuant to a legitimate student there instantly arises a presumption of law that there was
right is sufficient. Even if the student should be doing nothing more negligence on the part of the master or employer either:
than relaxing in the campus with his friends, he is still within the 1. In the selection of the employee (culpa in eligiendo)
custody and under the discipline of the authorities of the school. 2. In the supervision of over him after the selection (culpa
vigilando)
Q: Who is a “teacher-in-charge”? 3. Both
A: He is the one designated by the dean, principal and other Art. 2181. Whoever pays for the damage caused by his dependents
administrative superior to exercise supervision over the pupils in the or employees may recover from the latter what he has paid or
specific classes or sections to which they are assigned. delivered in satisfaction of the claim. (1904)
Q: Is it necessary that the teacher be physically present at the time Obligation of the tortfeasor to reimburse payor
the injury was made?
The vicarious debtor who paid for the damage or injuries caused by
A: No. Custody means influence exerted on the child and the the tortfeasor is entitled to be reimbursed for what is paid.
discipline instilled in him as a result of such influence.
Q: What is the obligation of the tortfeasor to the payor?
Q: What may be the defense available in favor of the parents?
A: To reimburse him. The tortfeasor who actually caused the
damage or injuries cannot just be exempted from the consequences
of his own acts. That he will ultimately carry the whole burden is but
fair. The legislator, by imposing liability upon the persons with WILD BEAST THEORY
supervisory authority over them, did not exempt the author of the
negligent act or omission from personal liability; the injured is Q: What is the so-called “wild beast theory”?
merely secured against possible insolvency of said author. If he is
insolvent, there is no reason why he should not be liable to another A: The person who for his own purposes brings on his land and
who has paid for him (De Leon, 2012). collects and keeps there anything likely to do mischief if it escapes,
must keep it at his peril, and if he does not do so, is prima facie
Art. 2182. If the minor or insane person causing damage has no answerable for all the damages which is the natural consequences of
parents or guardian, the minor or insane person shall be its escape.
answerable with his own property in an action against him where a
guardian ad litem shall be appointed. (n) Q: Is it necessary for the plaintiff to prove the negligence of the
defendant?
The minor or insane who caused damage or injury has no parents
or guardian; consequences A: No.
Q: What is the rule in case the minor or the insane that caused Q: Is it a defense that the defendant has taken all the possible
damage or injury has no parents or guardian? precautions to prevent damage?
A: If the minor commits a tort, he shall be liable with his own A: No.
property (if he has any) in an action filed against him. To grant him
due process, the court shall appoint a guardian ad litem who will Q: Should the possessor be the owner of the animal?
represent him in the case.
A: No. The law used the word “possessor” instead of “owner.” If the
This has been supplemented by the FC: animal was borrowed by someone for his own use, the borrower
alone should be liable for the damage caused while the aninmal was
Art. 222. The courts may appoint a guardian of under his control.
the child's property or a guardian ad litem
when the best interests of the child so requires. NOTE: The possessor or user of the animal is still liable even if the
damage or injury was caused through the act or negligence of a third
Art. 2183. The possessor of an animal or whoever may make use of person unless it can be shown that the incident was extra-ordinary
the same is responsible for the damage which it may cause, and unforeseen as to be equated with force majeure. Thus, the
although it may escape or be lost. This responsibility shall cease burden of proving fault rests upon the defendant to make the third
only in case the damage should come from force majeure or from person liable for the resulting damage. If the third person is a child,
the fault of the person who has suffered damage. (1905) ward or employee of the possessor or user, Art. 2180 would be
applicable.
Q: What are the “animals” covered by the provision?
Q: What is the reason for the above rule?
A: The law makes no distinction as to what kind of animal is used or
possessed. Hence, it may be construed as applicable generally to all A: The bailee of the animal has a qualified ownership” over it which
kinds of animals, whether domestic, domesticated or wild. This imposes upon him the duty to exercise due care in managing it.
includes birds.
Q: What is the measure of damages?
Wild Possessed only while they are under one’s control
Domesticated Considered as domesticated if they retain the habit A:
or tame of returning to the premises of the possessor
animals DAMAGES UPON PERSONS DAMAGES UPON PROPERTY
The essence and measure of The measure of damages is the
Q: What is the nature and the basis of this obligation under Art. damages are those generally value of the properties at the
2183? applied to personal injury cases. time the same were destroyed
Thus, physical pains, mental without prejudice to
A: The obligation is not based on the negligence or the presumed anguish, serious anxiety may be consideration of unrealized
lack of vigilance of the possessor or user of the animal causing the considered profits if the same can be
damage. It is based on natural equity and on the principle of social proved
interests that he possesses animals for his utility, pleasure or service
must answer for the damages which such animal may cause. Q: What are the exceptions to the rule of liability of the possessor?
DOCTRINE OF STRICT LIABILITY A:
NOTE: This is another instance where the doctrine of strict liability is 1. If the damage was caused by force majeure
applied where the liability cannot be avoided even in the absence of 2. If the damage was caused by the fault of the plaintiff or
fault or negligence and regardless of the good faith of the person injured
defendant, clearly implying that liability is imposed as a matter of 3. If the damage was caused by the act of a third person
public policy (De Leon, 2012).
Art. 2184. In motor vehicle mishaps, the owner is solidarily liable under Arts. 100 and 103 of the under Arts. 2176 and 2180 of
with his driver, if the former, who was in the vehicle, could have, RPC the NCC (De Leon, 2012).
by the use of the due diligence, prevented the misfortune. It is
disputably presumed that a driver was negligent, if he had been Q: Who is the employer of the driver?
found guilty or reckless driving or violating traffic regulations at
least twice within the next preceding two months. A: He is the registered owner of a motor vehicle. Thus, the sale of
the motor vehicle if unregistered has no effect as to the right of the
If the owner was not in the motor vehicle, the provisions of Article public and persons to recover from the registered owner (De Leon,
2180 are applicable. (n) 2012).
Liability of owner in motor vehicle mishaps Art. 2185. Unless there is proof to the contrary, it is presumed that
a person driving a motor vehicle has been negligent if at the time
Q: What is the rationale behind the provisions under Art. 2184 to of the mishap, he was violating any traffic regulation. (n)
2186?
Presumption of negligence of driver
A: To cope with the alarming increase of vehicular mishaps.
A person who was violating any traffic regulation at the time of the
Q: Who are covered by these provisions? accident is presumed to be negligent. This presumption is
rebuttable.
A: It refers to owners of vehicles who are not included in the terms
of Art. 2180 as “owners of an establishment or enterprise.” It is Q: What does “Traffic regulation” cover?
intended to cover only the owners of motor vehicles for private use.
It is generally not applicable to motor vehicles for public use and A:
convenience because the operator thereof, usually a corporation,
cannot, in the very nature of things, be in the motor vehicle at the 1. Traffic laws
time of the mishap. However, if the manager of the bus company 2. Ordinances
was in the bus at the time of the mishap, Art. 2184 may be applied 3. Special rules and Regulations
by analogy (De Leon, 2012).
Q: What is the degree of care required in the operation of motor
Q: Is the article applicable to a “calesa mishap”? vehicles?
A: The provision speaks of motor vehicle mishaps. However, the A: It is in correlative with the conditions confronting the operator,
principle may apply to calesa mishaps. such as the presence or absence of other travelers and their
apparent ability to care for themselves, the unobstructedness of the
Q: Discuss the liability of the car owner. view, etc.
A: Art. 2186. Every owner of a motor vehicle shall file with the proper
government office a bond executed by a government-controlled
If present in the He is likewise liable if he could have corporation or office, to answer for damages to third persons. The
car prevented the mishap by the exercise of due amount of the bond and other terms shall be fixed by the
diligence but did not do so competent public official. (n)
If not present in The injured party may still sue the car owner
the car under Art. 2180 (5) for imputed liability. The MOTOR VEHICLE BOND
basis of this pater familias.
Q: Describe the so-called “motor vehicle bond.”
Q: What is the effect if the driver is found negligent?
A: A car owner cannot renew the registration of his car without first
A: Once a driver is proven negligent in causing damage, the law securing an insurance against third party liability.
presumes the vehicle owner equally negligent and imposes upon the
latter the burden of proving proper selection of employee as a NOTE: The registered owner of any vehicle is directly and primarily
defense. responsible to the public and third persons while it is being
operated.
Q: What is the effect of ratification of tortuous act of driver or
employee? Whether or not the driver is authorized by the actual owner is
irrelevant in determining the liability of the registered owner who
A: The employer will be held liable. the law holds primarily and directly responsible for any accident,
injury or death caused by the operation of the vehicle in the streets
Q: Discuss the civil liability of the registered owner. and highways.
A: NOTE: Motor vehicle owners or operators are now required to have

third party liability insurance or surety bonds to assure victims of
SUBSIDIARILY SOLIDARILY motor vehicle accidents and or their dependents, especially when
If the aggrieved party seeks If the complainant seeks relief they are poor, immediate financial assistance or indemnity
relief based on a delict or crime based on a quasi-delict or crime
regardless of the financial capability of motor vehicle owners or strict liability still applies. The consumer’s cause of action does not
operators responsible for the accident sustained (De Leon, 2012). depend upon the validity of his contract and with the person from
whom he acquires the product, and it is not affected by any
Q: Describe the insurer’s liability. disclaimer or other agreement, whether it be between the seller and
the immediate buyer, or attached to and accompanying the product
A: It is primary and accrues immediately upon the occurrence of the into the consumer’s hands.
injury or event upon which the liability depends, and does not
depend on the recovery of judgment by the injured party against the Q: What is the effect of the presence of intermediaries?
insured (De Leon, 2012). Thus, the victim may sue directly the
insurer of the vehicle. A: The manufacturer’s obligation to the consumer must keep pace
with the changing relationship between them. However, its liability
Q: What is the effect of sale of the motor vehicle? should be confined in terms of the safety of the product in the
normal and proper use, and should not extend to injuries that
A: Unless registered with the LTO, a sale of motor vehicle is valid and cannot be traced to the product as it reached the market (De Leon,
binding only between the parties and does not affect third parties, 2012).
especially the victims of accidents of said motor vehicle (De Leon,
2012). Requisites for strict liability
Q: Is it relevant that the driver of the motor vehicle is not Q: What are the requisites for the strict liability?
authorized by the owner?
A:
A: No, otherwise, it will defeat the purpose why motor vehicle
registration legislations are enacted in the first place. It results in 1. The defendant is the manufacturer or processor of
public detriment the law seeks to avoid (De Leon, 2012). foodstuff, drinks, toilet articles, and similar goods involved
2. The defendant used noxious or harmful substances in the
Art. 2187. Manufacturers and processors of foodstuffs, drinks, manufacture or processing of the foodstuff, drinks, toilet
toilet articles and similar goods shall be liable for death or injuries articles, and similar goods
caused by any noxious or harmful substances used, although no 3. The plaintiff used or consumed such product unaware if
contractual relation exists between them and the consumers. (n) the injurious condition of the product
4. Plaintiff’s injury or death was caused by the product used
PRINCIPLE OF STRICTLIABILITY or consumed
5. The forms or kinds of damages suffered and the amount
Q: What is the so-called “principle of tort liability”? thereof
A: It means the proof of negligence is not necessary. It applies even Q: What are the remedies of the plaintiff if he desires to pursue a
if the defendant manufacturer or processor has exercised all the complaint against the manufacturer or processor under Art. 2187?
possible care in the preparation and the sale of his product.
A: A complaint based on:
Public policy demands that responsibility be fixed whenever it will
most effectively reduce the hazards to life and health inherent in 1. Theory of strict liability in torts
defective products that reach the market. The manufacturer can 2. Fault or negligence
anticipate such hazards and guard against the occurrence of others, 3. Breach of warranty
as the public cannot (De Leon, 2012). 4. Crime anchored on violation of the Foods and Drugs Act
wherein the enforcement of which the doctrine of
Q: What is the purpose of the liability of the defendant absolute criminal liability may be applied
manufacturer?
Q: What are the damages compensable under Art. 2187?
A: The purpose is to ensure that the burdens of such accidental
deaths or injuries resulting from defective products intended for A: They are only limited to those resulting from “death or injuries,”
public consumption be placed upon those who market them, and thereby precluding liability for purely pecuniary damages. However,
can be treated as cost of production rather than by the injured they may be recovered if they have been incurred as a result of
persons who are powerless to protect themselves. death or injuries such as medical expenses (De Leon, 2012).
Q: Is contractual relationship between manufacturers or NOTE: Although the law uses the word “consumer,” it also includes:
possessors and consumers necessary? a. User
b. Purchaser (De Leon, 2012).
A: No. There is no need for the existence of a contractual relation
like sale, donation, etc. Q: May the consumer be the victim without having purchased the
product?
Q: What is the effect of the presence of contract between the
manufacturer or processor with the plaintiff? A: Yes. He may be a member of the family of the final purchaser or
his employee, or a guest as his table, or a mere done from the
A: The plaintiff is not precluded from filing a suit based on the purchaser, and the term “user” is defined as to include those who
breach of warranty whether express or implied. The principle of are passively enjoying the benefit of the product (De Leon, 2012).
A: Yes, to relieve himself from liability, he must prove that the
Art. 2188. There is prima facie presumption of negligence on the property was in a good state of repair or that the collapse was due
part of the defendant if the death or injury results from his to a defect in its construction in which case the engineer or architect
possession of dangerous weapons or substances, such as firearms and or contract may be held responsible for the damage (De Leon,
and poison, except when the possession or use thereof is 2012).
indispensable in his occupation or business. (n)
Q: What if the property is leased or in usufruct?
NOTE: When death or injury results from the defendant’s possession
of dangerous weapons or substances, there is a rebuttable A: It will not exempt the owner from liability for his duty to make
presumption that he is negligent. The burden of evidence is on him necessary repairs remains although the property is legally in the
to establish that he was not negligent at all. The presumption possession and control of another (De Leon, 2012).
prevails if he fails to overcome it by clear and convincing evidence.
NOTE: Under the law, the lessee or the usufructuary is obliged to
Q: What are the requisites in order for a prima facie presumption notify or advise the owner of the need for urgent or extra-ordinary
of negligence to apply? repairs. The failure of the lessee or usufructuary to give this notice
shall entitle the owner to reimbursement, for the damages he may
A: have been required to pay third persons injured by the collapse of
the property (De Leon, 2012).
1. A person dies or is injured and
2. Death or injury results from the defendant’s possession of Art. 2191. Proprietors shall also be responsible for damages
dangerous weapons or substances. caused:
NOTE: The burden of proof to rebut the presumption is on the (1) By the explosion of machinery which has not been taken care of
defendant (De Leon, 2012). with due diligence, and the inflammation of explosive substances
which have not been kept in a safe and adequate place;
Art. 2189. Provinces, cities and municipalities shall be liable for
damages for the death of, or injuries suffered by, any person by (2) By excessive smoke, which may be harmful to persons or
reason of the defective condition of roads, streets, bridges, public property;
buildings, and other public works under their control or
supervision. (n) (3) By the falling of trees situated at or near highways or lanes, if
not caused by force majeure;
NOTE: If death or injuries are caused because of the defects in
roads, streets, bridges, public buildings, and other public works (4) By emanations from tubes, canals, sewers or deposits of
under the control and supervision of the Provinces, cities and infectious matter, constructed without precautions suitable to the
municipalities, the said political subdivisions are liable. place. (1908)
Q: Is ownership of the roads, etc. required? NOTE: If any of the 4 events occurred, the proprietor of the
machinery, not necessarily of the owner of the tenement where it is
A: No. It suffices that there is control or supervision over them by located, is presumed negligent.
the political unit.
PRINCIPLE OF CREATED RISKS
Thus, by carrying on road diggings without any warning device or
barricade at the excavation site located in a street that was dimly lit, Q: What is the “principle of created risks”?
where the respondent, while driving his vehicle, rammed into a pile
of earth as a result of which he suffered bodily damages, the city A: When a person introduces in society a dangerous object from
was held liable of gross negligence (De Leon, 2012). necessity or profit, he exposes others to dangers. If it injures
another even without negligence on the part of the owner or
Art. 2190. The proprietor of a building or structure is responsible proprietor, he should be liable for the damage caused (De Leon,
for the damages resulting from its total or partial collapse, if it 2012).
should be due to the lack of necessary repairs. (1907)
PRINCIPLE OF PRESUMED NEGLIGENCE
NOTE: This article applies when a building or structure, due to lack
of necessary repairs, collapsed and caused harm to somebody. The Q: What is the “Principle Of Presumed Negligence”?
collapse may be:
a. Total A: When an inanimate object causes damage to another the owner
b. partial thereof becomes liable, proof or negligence is unnecessary because
this is presumed (De Leon, 2012).
Q: Who shall be liable for the harm or injury?
Q: Is excessive smoke a nuisance?
A: The owner or the proprietor
A: Smoke when excessive and prolonged is harmful to persons or
Q: Is there any defense available? property. The same is a nuisance. It can be abated in accordance
with law and harmful prejudice to payment of damages by the
proprietor of the thing emitting the smoke.
of the property is also negligent, both will be liable for the damage
Q: What is the rule as to falling trees? or injury caused to another.
A: If a tree falls for any reason except force majeure or pure NOTE: Under the law of lease, the lessee must immediatlely notify
accident, the owner thereof is liable for damage or injury caused to the proprietor of the need to make the necessary repairs on the
another. property. Otherwise, he will be liable to the proprietor for the
damages caused and suffered by the latter.
Q: What is the rule as to harmful or injurious emanations from
tubes, canals, sewers or deposits of infectious matters because of Art. 2193. The head of a family that lives in a building or a part
the improper construction of the tubes or canals, etc.? thereof, is responsible for damages caused by things thrown or
falling from the same. (1910)
A: The proprietor shall be liable.
HEAD OF FAMILY
Q: May injunction be resorted to prevent damage or injury?
Q: Who is the “head of the family”?
A: Yes. The affected party may seek a mandatory preliminary
injunction to compel the proprietor to perform, or do something to A: He is usually the father; in his absence, the mother. A single
prevent explosion of machinery, emission of excessive smoke or person may also be the head of the family if he is one supporting his
infectious matter, or to remove a falling tree. family which may include as members, adopted children,
unemployed parents, brothers and sisters.
Art. 2192. If damage referred to in the two preceding articles
should be the result of any defect in the construction mentioned in NOTE: As head of the family, he/she is under the obligation to
Article 1723, the third person suffering damages may proceed only supervise the members of the family. Even if he had nothing to do
against the engineer or architect or contractor in accordance with with the occasioning of the damages, he/she is co-responsible with
said article, within the period therein fixed. (1909) the actual tortfeasor whether a member of the family, guest or
domestic helper. It is an imputed liability in nature and solidary in
Q: What is the rule as to defect in the construction? consequence. If he/she paid for the damages, he/she may recover
from the tortfeasor.
A: If the building or structure were constructed with substantial
defects which defects are the cause of the damage or injury, the Thus, a manager of the hotel was held liable for the damages caused
injured party may proceed only against the engineer or architect or to the goods of the owners of a store located on the ground floor of
contractor in accordance with Art. 1723. the building, by his failure to provide a hotel guest with a drainage
receptacle for a defective faucet, whose water damaged the goods
ART. 1723. The engineer or architect who drew up the and articles of said owners (De Leon, 2012).
plans and specifications for a building is liable for
damages if within fifteen years from the completion Q: What is the nature of the liability?
of the structure, the same should collapse by reason
of a defect in those plans and specifications, or due to
the defects in the ground. The contractor is likewise A: It is absolute and exclusive. He is liable as long as he is the head of
responsible for the damages if the edifice falls, within the family that lives in the building or part thereof like a rented
the same period, on account of defects in the room, he is even liable if he is not present at the time of the
construction or the use of materials of inferior quality accident. It is exclusive in the sense that it is only the head of the
furnished by him, or due to any violation of the terms family who is made liable.
of the contract. If the engineer or architect supervises
the construction, he shall be solidarily liable with the Q: What are the purposes of the absoluteness of the article?
contractor.
Acceptance of the building, after completion, does A:

not imply waiver of any of the cause of action by
reason of any defect mentioned in the preceding 1. to compel the head of the family to see to it that no
paragraph. dangerous things are placed on the window sills and other
parts of their dwelling place which may be thrown or fail
The action must be brought within ten years by accident
following the collapse of the building. (n) 2. to compel him to supervise the members of the family or
guests from doing acts or activities which may result in the
Q: What is the prescriptive period for the filing of the action for throwing or falling of things from their house or place of
damages? dwelling
3. to relieve the victim of the difficult burden of identifying
A: 15 years from the time the cause of action had accrued. the persons who caused the throwing or falling of the
injurious thing
Q: May the lessee or usufructuary be covered by the article?
Art. 2194. The responsibility of two or more persons who are liable
A: If during the existence of the lease or usufruct, the events for quasi-delict is solidary. (n)
mentioned in the article occurred by reason of the sole negligence
of the lessee or usufructuary, then he is liable. If the lessor or owner Q: When does this article apply?

A: Only in case of joint tortfeasorship. Hence, it is necessary that A: The prescriptive period is counted from the day the action may be
there be only one quasi-delict and 2 or more persons must have brought which means from the day the quas-delict occurred or was
participated in the commission of that single quasi-delict. The injury committed (De Leon, 2012).
must be indivisible. All those who participated in the commission
thereof will be solidarily liable for each and every quasi-delict. Q: Is the running of the period interrupted by the filing of a
crimianl complaint where the civil action for quasi-delict is filed as
Q: What is the nature of the liability in this case? a distinct and separate action, independently of the criminal case?
A: They are generally solidarily liable. A: No (De Leon, 2012).
Q: When will not the jointfeasors be solidarily liable?
A:
a. Where the independent concurring acts have caused

distinct and separate injuries to the plaintiff, or
b. when some reasonable means of apportioning the
damages is evident
Q: What does “joint tortfeasors” include?
A: It includes all persons who command, instigate, promote,

encourage, advise, countenance, cooperate in , aid or abet the
commission of a tort, or who approve of it even after it is done for
their benefit. They are each liable as principals, to the same extent
and in the same manner as if they had performed the wrongful act
themselves.
Existence of a concert of action or breach of a joint duty
NOTE: Cases in which there is a concert of action or a common plan

are the clearest examples of joint torts (De Leon, 2012).
Thus, the following are instances when the there is joint

tortfeasorship:
1. concert of action or common plan

2. breach of common duty
3. harm indivisible (De Leon, 2012)
Q: Is the bus operator a co-principal for the tort committed by its

bus driver?
A: No, hence, it cannot be made solidarily liable under Art. 2194

with right to full reimbursement under Art. 2181.
Q: What is the effect on the employers if both drivers of colliding

vehicles are negligent?
A: The drivers as well as the owners of the
Prescription of action upon a quasi-delict
Art. 1146. The following actions must be instituted within four years:
(1) Upon an injury to the rights of the plaintiff;
(2) Upon a quasi-delict;
However, when the action arises from or out of any act, activity, or conduct
of any public officer involving the exercise of powers or authority arising
from Martial Law including the arrest, detention and/or trial of the
plaintiff, the same must be brought within one (1) year. (As amended by PD
No. 1755, Dec. 24, 1980.)
Q: How is the prescriptive period counted?

person causing it. It is the fact that the individual was injured in
TITLE XVII-Damages contemplation of law.
Chapter 1
GENERAL PROVISIONS a. There must be breach of duty;
b. Imposition of liability
Q: What is damage? c. Not just because the plaintiff suffered some pain
or injury
A: It includes any and all damages that a human being may suffer in
any and all the manifestations of his life. It includes: DAMNUM ET INJURIA
1. Physical or material; Many accidents occur by acts or omissions which cause damage or
2. Moral or psychological; loss to another but which violate no right duty to such other person,
3. Mental or spiritual and consequently create no cause of action in his favor. The law
4. Financial, economic; affords no remedy for damages resulting from an act which does not
5. Social; amount to a legal injury or wrong (De Leon, 2012)..
6. Political;
7. Religious Q: What is damnum et injuria?
It is a pecuniary compensation, recompense, or satisfaction for an A: In order that the law will give redress for an act causing damage,
injury sustained or a wrong done, or otherwise expressed, the there must be not only hurtful, but wrongful (De Leon, 2012)..
pecuniary consequences which the law awards or imposes for the
breach of some duty or violation of some rights (De Leon, 2012). DAMNUM ABSQUE INJURIA
Q: What is the effect of non-payment of filing fees on claims for Q: What is damnum absque injuria?
damages?
A: If a person sustains actual damage without sustaining any legal
A: In such case, the court acquired no jurisdiction over the claims. injury, an act or omission which does not deem an injury—the
damage is regarded as damnum absque injuria (De Leon, 2012).
ART. 2195
A damage that results from a person’s exercising his legal rights. One
Q: What are the different sources of obligations? who makes use of his own legal right does no injury (De Leon,
2012)..
A:
1. Law Q: What do you mean by principle of abuse of right?

2. Contracts
3. Quasi-contracts A:
4. Acts or omissions punished by law; and
5. Quasi-depicts 1. The defendant should have acted in a manner that is
contrary to morals, good customs or public policy;
Q: Who are liable for damages? 2. Acts should be willful; and
3. There was damage or injury to the plaintiff (De Leon,
A: Those who are guilty of fraud, negligence, or delay in the 2012).
performance of their obligation and those who in any manner
contravene the tenor thereof are liable for damages. ACTIO NON DATUR NON DAMNIFICATO
NOTE: In case of delay, there must either be malice or negligence. Q: What do you mean by Actio non datur non damnificato?
Q: Distinguish between damages, damage and injury.
A: Absent damage or prejudice, no right of action arises in favor of
A: the petitioner. No right of action is given where no injury is
sustained. A wrongful violation of a legal right is not sufficient
Injury Damage Damages element of a cause of action unless it has resulted in an injury
Illegal invasion of a Loss, hurt, harm Recompense or causing loss or damage (De Leon, 2012).
legal right which results from compensation
the injury awarded for the Bases for award of tort damages
damage suffered
Breach of duty by He must establish that such injuries resulted
SOURCE: De Leon, 2012 defendant from a breach of duty which the defendant
owed to the plaintiff—concurrence of injury
Q: What is the underlying basis for award of tort damages? to plaintiff and legal responsibility to the
person causing it.
A: The plaintiff must establish that such injures resulted from a Injury to plaintiff Premise on the fact that the individual was
breach of duty which the defendant owed to the Plaintiff— proximately injured in contemplation of law.
concurrence of injury to the Plaintiff and legal responsibility by the resulting from the
breach 1. Breach before damages may be a. Expense recovery in personal injury cases
awarded; are usually medical expenses and kindred
2. Breach of such duty should be the items;
proximate cause of the injury b. Injury to property—measured by loss in
Compensation to Actual damages are compensation or value of the property or the cost to repair
plaintiff damages for an injury that will put the injured or replace whichever is less.
commensurate party in the position in which he had been Pain and a. Emotional distress
with his loss before he was injured (De Leon, 2012). suffering b. Consciousness of loss
c. Disfigurement
Q: What is the distinction between injunction and restitution? d. Loss of life’s enjoyment and other similar
intangible losses.
A:
NOTE: The plaintiff must prove by a preponderance of evidence that
Injunction Restitution he has suffered or will in the future suffer the losses for which he
Forbids threatened actions or Requires the defendant to claims damages (De Leon, 2012).
requires the defendant to alter restore any gains he made in a
harmful conduct or repair its transaction or by his act or Evidence of fact, amount and cause of damages
consequences. omission
Fact and a. GR: Trial court cannot award damages
ART. 2196 amount of in the absence of competent proof that
damages damages had been suffered and of the
In case of conflict between the NCC and special laws, the former amount thereof.
prevails in so far as issues of damages are concerned. For example, b. Damages are not intended for a
an EE may either use under the Workmen's Compensation Act or litigant’s enrichment at the expense of
under the NCC. After having chosen one, he cannot choose the the other party.
other.
Cause of Claimant must satisfactorily prove the factual
Q: Can LA's or the NLRC entertain and decide claims for damages? damage basis and causal connection of the damage, loss
or injury with the defendant’s fault or negligence.
A: Yes, their jurisdiction is comprehensive enough to include claims Proof of the Court cannot rely on mere speculation,
for damages arising from ER-EE relationship. Hence, the LA has damage conjecture or guesswork. The fact, amount, and
jurisdiction to award not only reliefs provided by the labor laws but cause of the damage must be proved by
also damages covered by the CC. preponderance of evidence.
XPN: Regular courts have jurisdictions over actions for damages While the law does not require a definite degree
where ER-EE relationship is merely incidental and the cause of of certainty when proving the amount of
action proceeds from a different source of obligation. damages sustained, it is necessary to establish
evidence to substantiate the claim.
Q: Can the RTC issue a TRO in labor cases restraining the execution Specification of It is required that the amount of damages
of the final decision of the LA? the amount of claimed has to be specified not only in the body
A: No. damages in the of the pleading but also in the prayer portion
pleading thereof (De Leon, 2012).
Q: In case of dismissal of an EE, when is a claim for moral damages
recoverable? ART. 2197
A: It is recoverable where the dismissal of the EE was attended by Q: What are damages?
bad faith or fraud or constituted an act oppressive to labor, or was
done in manner contrary to morals, good customs or public policy. A: It refers to the pecuniary consequences imposed by law or
agreement of the parties for breach of some duty or violation of
Q: In the said case, when is exemplary damages recoverable? some right. It is a recompense or satisfaction for an injury done or a
wrong sustained as a consequence of either of a breach of a
A: Only if the dismissal is effected in wanton, oppressive or contractual obligation or a tortuous act. It is a measure of recovery.
malevolent manner.
Q: What is damage or injury?
Q: What are the elements of damages recoverable?
A: It refers to the wrongful or tortuous act or the legal wrong which
A: caused the loss or harm to the aggrieved party. It is the illegal
invasion of a legal right while damages is the loss, hurt, or harm
Time losses Recovery for loss of wages or value of lost time or which results from injury, and damages are the recompense or
earning capacity where injures prevent work. compensation awarded for damage suffered.
Injury Expenses incurred by reason of injury are
expenses recoverable damages. Q: Are they debts?

A: No.
Q: What is the purpose of the law? ACTUAL AND COMPENSATORY DAMAGES
A: It is intended to repair the damages done by putting the Plaintiff ART. 2199
in the same position had the damage not been inflicted and the
wrong not committed. Q: What are actual or compensatory damages?
De Leon, 2012 A: They are awarded to the aggrieved party as adequate

compensation only for such pecuniary loss suffered by him as he has
Q: What are the kinds of damages which are generally alleged and duly proved. Pecuniary loss is a measurement in terms
recoverable? of money.
A: Damages involves any and all manifestations of life: The loss may be in business, trade, property, profession, job or
occupation.
a. Physical or material
b. Moral or psychological Damages awarded to a person as compensation or indemnity for, or
c. Mental in the satisfaction of such, pecuniary loss suffered by him as he has
d. Spiritual duly proved (De Leon, 2012).
e. Financial
f. Economic RATIO: To repair wrong that has been done, to compensate for the
g. Social injury inflicted, and not to impose a penalty (De Leon, 2012).
h. Political
i. Religious Proof of compensatory damages
GR: Damages are of 2 kinds: GR: For it to be received, it is necessary that the claimant produce
competent proof or best evidence obtainable such as receipts to
1. Compensatory damages justify an award therefor. Hence, there must be competent proof of
2. Punitive, exemplary or corrective the actual amount of loss- credence can be given only to claims
which are duly supported by receipts.
A. As to manner of determining amount:
Every judgment for damages, whether from breach of contract or
a. Liquidated or conventional- if stipulated by the the result of some provision of law, must rest upon satisfactory
parties in a contract; proof of the damages alleged to have been suffered (De Leon, 2012).
b. Non-conventional-if not agreed upon or
predetermined; No damages can be awarded if the proof is flimsy and unsubstantial
or they are remote or highly speculative (De Leon, 2012).
i. Statutory- fixed by law
Yet, it is not necessary to prove the exact amount of the loss. It is
ii. Judicial-fixed by courts enough that the loss is established by competent evidence and the
amount awarded as damages by the court is fair and reasonable.
B. As to result Absolute certainty as to the amount is not required (De Leon, 2012).
a. Ordinary- those which necessarily and by implication XPN: There are cases when actual or compensatory damages need
of law result from the act or omission complained of; not be proved.
b. Special-those which result naturally, directly or
indirectly, but not necessarily or by implication of law, a) When the penalty clause is agreed upon in the contract
from the act or omission of, and exist only because of between the parties;
special circumstances. b) When liquidated damages have been agreed upon;
c) When loss is presumed as when a child or spouse dies as a
C. As to purpose or intention result of ten act or omission of a person; or
D. Rule in criminal cases- civil liability is ordinarily awarded to d) Forfeiture of bonds in favor of the government for the
the victim of a crime or the heirs, separate and distinct purpose of promoting public policy or interest;
from other forms of damages, without need of further e) Death caused within the contemplation of Art. 2206.
proof other than the fact of the commission of the crime
by the accused . Actual damages are primarily intended to simply make good or
replace the loss caused by a wrong.
ART.2198
It is synonymous with compensatory damages.
One who exercises his right does not cause injury. If damage results
from a person's exercise of his legal rights, it is damnum basque Damages implied by law
injuria.
In certain cases, the law implies damages. Thus, the complainant in
libel cases is not required to introduce evidence of actual damages
at least, when the amount of the award is more or less nominal. By hand, compensatory damages to be recoverable must additionally
its natural, libel causes dishonor, disrepute and discredit (De Leon, be established with reasonable degree of certainty.
2012).
If the plaintiff has adduced proof to establish the sufferance of
Q: What do you mean by pecuniary loss? damage, but the same is not clear or satisfactory, the appellate
court may remad the case to the court of origin for new trial in order
A: It is the loss of money or something which money or something of to establish the amount of damages.
money value may be acquired (De Leon, 2012).
Q: What is the effect of reservation to file civil action
Q: What does indemnity for damage include? independently of the criminal action?
A: It includes compensation for everything then on, about, or A: In such case the grant of moral damages is improper because the
belonging to the person, as well as for all bodily injuries which are claim for civil liabiltiy in the criminal case is waived.
proved to be the result of the accident (De Leon, 2012).
Q: May an award for actual damages be executed pending appeal?
Actual damages in kidnapping for ransom
A: Yes. Unlike in case of moral or exemplary damages because the
In kidnapping for ransom, actual damages may be awarded same cannot be regarded as fixed or definite until the is a final
representing the amount of ransom paid. judgment.
Claims for actual or compensatory damages must be especially Q: Can a person injured by breach of contract recover damages for
alleged and substantiated by proof. Courts cannot rely on any loss which he might have avoided with ordinary care at
uncorroborated testimony whose truth is suspect but must depend reasonable expense?
upon competent proof that damages have been actually suffered.
The award can note be anchored on mere surmises, speculations, or A: No.
conjectures. It cannot be simply based on the mere allegations of a
witness without tangible claim such as receipts or other Brief rulings on compensatory damages
documentary proofs to support such claim. (De Leon, 2012)
Damages may not be awarded on the basis of hearsay evidence. a. Actual damages must be specifically pleaded and prayed
for. Prayer may nonetheless mention “such further relief
Courts must point out specific acts which afford a basis for as This Honorable may be deem just and equitable”,--may
measuring whatever actual or compensatory damages had been deem to include “actual damages” if and when proved
suffered. although not alleged in the answer;
b. Award for compensatory damages may be executed
Actual and compensatory damages cannot be left to the sole pending appeal, but not an award for moral or exemplary
discretion of the court unlike moral and exemplary damages. A damages which cannot be regarded as fixed or definite
judge cannot grant damages more than what had been proved in until there is a final judgment;
court. c. The inconvenience resulting from the loss of a home or its
sentimental value to the owner is not a proper element of
NOTE: Claimants are not mandated to prove damages in any specific damage;
or certain amount in order to recover damages for substantial d. The appellate court cannot award the plaintiff who did not
amount. Absolute certainty as to the amount is not required. It is appeal more than the amount of actual damages granted
enough that the loss is proved and if the amount awarded by the by the lower although the actual damages suffered by him
court is fair and reasonable. exceeded the said amount;
e. Where the party who request the attachment of property
If what is prayed for are only moral damages, exemplary damages acted in good faith and without malice, the claim for
and attorney's fees without any specific mention of actual or damages, resulting from the attachment cannot be
compensatory damages, the latter are deemed included if there is a sustained.
general prayer for "such other relief" as may be just and equitable f. There is no hard and fast rule that bad faith or malice must
under the premises, if and when they are proved. be proved to recover any form of damages. If present, the
award of exemplary and moral damages is warranted. The
There is no filing fee required for actual damages. existence of bad faith or malice would not per se warrant
the award of actual or compensatory damages.
Q: When is temperate damages recoverable? g. Actual or compensatory damages are not available as a
matter of right to an EE dismissed for jut cause but denied
A: Only when the court finds that some pecuniary loss has been due process—notice and hearing. Yet, the same warrants
suffered but its amount cannot be proved with certainty. the payment of indemnity in the form of nominal
damages.
Q: What is the difference between civil liability ex delicto and
actual damages? ART. 2200
A: Civil liability ex delicto can be awarded without need of further Q: What are the different types of actual or compensatory
proof than the fact of commission of the felony itself. On the other damages?
It is not necessary that the victim, at the time of injury or death be
A: gainfully employed, as compensation of this nature is awarded not
loss earnings but for loss of capacity to earn money.
1. Damnum Emergens (actual)- the value of the actual
pecuniary loss for what the claimant already possesses Q: What is the basis for the computation of the loss of earning
before the incident which must be supported by receipts Calacity?
or the best evidence available. E.g. In case of theft of a
watch worth 20,000.00; A: The basis is not the net monthly income of the deceased but the
- loss suffered or actual loss, or loss for what a person gross annual income minus the necessary and incidental living
already possesses. This also known as actual damages or expenses which the victoim would have incurred if he were alive,
daño emergente (De Leon, 2012). estimated at 50% of the gross annual income.
2. Lacrum cessans (compensatory)- refers to the expected

profits which were not realized by reason of the act of the Feb. 11,2013
tortfesor. This is not to be granted on the basis of mere
speculation, conjecture, or surmise but rather by DAMAGE v. INJURY v. DAMAGES
reference to some reasonable standard such as market -given by reason of harm or inconvenience
value. - Compensation for injuries caused
- Unrealized profits or the profits which the complainant Case: 174 scra 354
failed to obtain or the failure to receive as a benefit that -intended to repair damage caused; compensation for the harm
which would have pertained to him, by reason of breach of
contract or as a result of the commission of quasi-delict Art. 2195- sources of obligations where damages can be recovered
referred to as ganacias frustrades or lucro cessante or MGA Builders Inc. Case- when an injury is sustained by way of
lucrum cessans (compensatory damages) (De Leon, 2012). pecuniary recompensation
- Abosulute certainty is not necessary to establish the -actionable injuries caused by unlawful act like a crime
amount of lucrum cessans (De Leon, 2012). -can be a monetary award to a victim
-although it is subject to discretion of the court, there are damages
GR: Indemnification for loss of earning capacity partakes of the which need not be substantiated
nature of actual damages which must be duly proven.
Damage-loss or harm or injury that one felt or has exposed himself
XPN:
Damages-compensation awarded to the injured party
1. Self-employed earning less than the minimum wage under
current labor laws; and Injury-illegal invasion of one's rights; conceived in general terms
2. Employed as daily-wage worker earning less than the
minimum wage under existing labor laws. Q:Who are liable for damages?
Q: Can the loss of profit be shouldered by the insurer? A:

- those who deceived others or guilty of bad faith
A: No. -any person who caused injury to another
-contravenes the tenor of his obligation, negligent or acted
Q: Can both actual and compensatory damages be granted at the fraudelently
same time to the plaintiff? -anyone who oppressed another
A: Yes. Indemnification for damages shall comprehend not only the Damage without injury
value of the loss suffered, or actual damages, but also that of profits
which the obligee failed to obtain, or compensatory damages (RCPI 1. Exercise of legal rights- harm is not caused by breach of legal duty
v. CA). or violation of a law
E.g confiscation of pirated CDs
In the case of People v. Laceste, the SC held that actual and Presupposes the exercise of a valid right- unjust vexation- singing in
compensatory damages are synonymous. the midst of the night
-there is damaged caused like prejudice, etc. without an injury
Loss of Earning Calacity - no injury as the tortfesor is merely exercising a right; result or
damage is not a result of a violation of a legal right; what negates
Q: What are the factors to be considered in determining the duty is the exercise of a valid right
amount of lost income? Estolas v. _____ 448 scra 223
A: Actio non datur non damnificato

1. Number of years for which the victim would otherwise No right of action where there is no injury sustained; no wrong
have lived; committed
2. Rate of the loss sustained by the heirs of the deceased. - breach of promise to marry- not an actionable wrong
Metro Bank v. Tanchuanliong

ISSUE: entitlement to attorney's fees: -for breach of the agreement by the parties
1. extraordinary- parties were forced to litigate and forced to -contract itself sets the amount in case of breach
hire lawyer when in fact they should not be impleaded
2. ordinary- payment to the lawyer for the representation in Exemplary damages
the court -by way of correction or to set as an example for public good
HELD: exemption to the rule mentioned above Elements for recovery of damages
Metrobank brought the respondents to court- delay or cover up 1. Time loss
their obligations 2. Injury expenses-medical expenses, funeral and property
repairs, loss of value of thing
Award of damages/ restitution- restoration or one' s status before 3. Pain and suffering- depends on the persons involved;
the injury or damage cause; putting back to one' s original standing something intangible;
Injunction-
Art. 2198
Art. 2196- all action for damages is governed by the NCC, special
laws can only be applied if they are not subservient to the NCC Art. 2199
-actual damages or compensatory damages or conventional
Moral damages- given in consideration of stress; not all hurts (American jurisprudence)
- given by way of compensation for mental pain, suffering or anguish
caused by humiliation or fear. ART. 2201
- hurts mentally
-bismirched reputation Applicable to contracts and quasi-contract thus presupposing the
- Not capable of pecuniary estimation existence of the existence of a pre-existing contractual relationship
-measure of moral damages: between the parties. In quasi-contracts, it is the law which provides
1. Reputation for the missing consent referred to as presumptive consent.
2. Status
3. Condition Measure of damages in contracts and quasi-contracts (De Leon,
-it is discretionary upon the court but it should be guided by what is 2012)
right or wrong
Obligor Shall be liable for those damages that are the natural
Actual damages in good and probable consequences of the breach of the
- actual expenses spent, capable of pecuniary estimation faith obligation, and which the parties have foreseen or could
GR: must be substantiated have reasonably at the time the obligation was
-presentation of receipts is necessary constituted.
-Listing will not do for they are self-serving Obligor Shall be responsible for all damages which may be
XPN: in bad reasonably attributed to the non-performance of the
1. burial expenses without receipts- temperate damages faith obligation.
Loss of earning capacity Q: When is there bad faith?

- Are unemployed included? No jurisprudence yet.
-in american jurisprudence, even a child can be awarded---capable A: If the defendant acted with fraud, malice or wanton
of earning in the future but the fact that he is a minor is not enough attitude (Pineda, 2009).
(at the very young age has potential)
- applicable to permanent cases only-- there must be a total loss If the breach of contract is done willfully or purposely as
distinguished from an act done carelessly or
FORMULA: inadvertently.
Income-
2/3 x (80-40) NOTE: In case of fraud, bad faith or wanton attitude,
2/3 x 40 there is no necessity that the damages are a natural and
= probable consequence and have been foreseen or could
LEC= have reasonably foreseen by the parties. It is sufficient
=1.6 M that they may be reasonably attributed to the non-
performance of the obligation—a clear relation of cause
Nominal Damages and effect between such non-performance and the
- Granted if there are no substantial injuries or loss to the victim- no damages sustained.
receipts are given for example
- Not automatically given
Substantial damages Q: What are the 2 kinds of damages contemplated by Article 2201?
Temperate Damages A:
-no receipts to substantiate the damages
-Amount cannot be determined 1. General damages or the natural and ordinary damages
that are normally anticipated;
Liquidated Damages
2. Special damages or compensatory damages for a harm consequence of the breach was known to the defendant at
other than one for which general damages are given, the time the contract was made.
which exist because of the special circumstances or
conditions giving rise to such damages. Illustrative cases of foreseen or reasonably foreseen damages or
consequences
General damages
a. In building contracts—cost of work for completing a
a. The natural and necessary result of the wrongful act or building if there is delay;
omission asserted as the foundation of the liability, and b. Contract of carriage—difference in the value of the goods
includes those which allow as a conclusion of law from the at the time of stipulated delivery and the value thereof at
statement of the facts of the injury. the time of actual delivery;
b. They are traceable to and the probable and necessary c. Illegal possession of land—value of the use and occupancy
result of, the injury, or which are presumed by, implied in, of the land from the period of possession.
law to have resulted therefrom.
ART. 2202
Special damages
NOTE: This code applies to crimes and quasi-delict.
a. Damages as arise from the special circumstances of the
case, which, if properly pleaded, may be added to the Q: The defendant is crimes and quasi-delict is liable for all damages
general damages which the law presumes or implies from which are the natural and probable consequences of the act or
the mere invasion of the plaintiff’s rights; omission complained of. What does this mean?
b. Natural, but not the necessary result of an injury;
c. Such damages which are directly traceable to a A: The accused must answer for such damages whether he had
defendant’s failure to discharge his contract obligations or foreseen them or not (De Leon, 2012).
such duties as are imposed upon him by law.
NOTE: It is not necessary that the consequences or damages have
NOTE: The distinction is not absolute. been foreseen or could have been foreseen by the defendant unlike
in preceding article.
Q: What is the importance of such distinction?
Under this article, there is no contract existing between the parties.
A: It is important with regard to the pleadings in damage actions.
Measure of damages in crimes and quasi-delcits
General damages Special damages
May be recovered under general Must be specially pleaded. Q: What is the purpose of awarding of damages for tortuous
allegation of damage injury?
Whether the obligor is in good May be recovered only against
faith or in bad faith, are an obligor in bad faith except A: It is the sole design of the courts to provide for adequate
recoverable that the obligor in good faith can compensation by putting the plaintiff in the same financial position
also be held liable for them he was in prior to the tort (De Leon, 2012).
when he knows or has been
previously informed of such A defendant cannot be held liable in damages more than the actual
special conditions. loss which he has inflicted and that a plaintiff is entitled to no more
than the just and adequate compensation for the injury suffered.
Brief rulings under Art. 2201 The law does not put him in a position better that where he would
(De Leon, 2012) be in had not the wrong happened (De Leon, 2012).
a. Ordinary damages are found in all breaches of contract Q: In damages due to death, what is the requirement?
where there are no special circumstances to distinguish
the case especially from other contracts. A: The heirs of the deceased are entitled to be indemnified, without
b. In cases involving any ordinary damage, no discussion is need of any proof other than the commission of the crime and that
ever indulged as to whether that damage was the accused was responsible therefor (De Leon, 2012).
contemplated or not. It is conclusively presumed from the
immediateness and inevitableness of the damage, and the Cariaga vs. Laguna Tayabas Bus Co.
recovery of such damage follows as a necessary legal
consequence of the breach. The income which an injured bus passenger, a medical student, who
c. Special damage—is as follows less directly from the breach could no longer finish his studies because of his reduced mental
than ordinary damage. It is only found in case where some capacity, could have earned had he become a doctor is within the
external condition, apart from the actual terms to the category of “natural and probable consequences of the accident (De
contract exists or intervenes to give a turn to affairs and to Leon, 2012)
increase damage in a way that the promisor, without
actual notice of that external condition, could not ART. 2203
reasonably be expected to foresee. Duty of the injured party to minimize damages
d. Before it can recovered, P must show that particular
condition which made the damage possible and likely
NOTE: This article obligates the injured party to undertake measures
that will alleviate and not aggravate his condition after the infliction A: Are those which if present, serve to decrease the penalty
of the injury or nuisance, and places upon him the burden of imposable by law. The decrease may either be in periods or on
explaining why he did not do so. degrees depending on whether the circumstances are ordinary or
privileged.
Q: What kind of measures should the injured party do?
Q: What is the essence of these circumstances?
A: Injured party must take such measures as prudent men usually
take as would reduce the damages as much as possible. He is not A: The presence of aggravating circumstances will have the effect of
required to execute acts which will imperil his life or health. increasing the amount of damages payable to the victim while the
presence of the mitigating circumstance has the effect of lessening
NOTE: No liability for damages which would have been avoided with the amount of damages.
ordinary care and reasonable expense can be enforced or such
liability may be reduced, when the claimant, being in a position to Q: What is the effect of lack of aggravating circumstances?
do so, did nothing to avoid or minimize his loss.
A: In such case, exemplary damages shall not be imposed.
Q: Who has the burden of proof to establish that the victim by the
exercise of the diligence of a good father of family could have ART. 2205
mitigated the damages?
Q: When can actual or compensatory damages recoverable?
A: The defendant. The existence of duty is not presumed (De Leon,
2012). A: They are recoverable in all sources of obligations.
Doctrine of Avoidable Consequences It is not enough that damage be capable of proof but must be
actually proved with reasonable degree of certainty, pointing out
Q: What is the “Doctrine of Avoidable Consequences”? specific facts that afford as basis for measuring whatever
compensatory damages are borne.
A: Injured victims have a responsibility to act reasonably to limit or
mitigate losses incurred (De Leon, 2012). Principle of a Single Recovery
Illustration: Q: Discuss the principle of single recovery.
If Bebeng suffers personal injury as a result of Y’s negligence, A: The plaintiff gets only a single recovery, providing compensation
Bebeng is expected to seek appropriate medical care to avoid more not only for the past but also for future losses, if any.
serious consequences from the injury. If Bebeng fails to act
reasonably to mitigate his injuries, the defendant cannot be held Q: What are the advantages and disadvantages of the principle?
liable for incremental losses that otherwise could have been avoided
(De Leon, 2012) A:
Failure to mitigate should be distinguished from contributory Advantages

negligence 1. The case does not go on forever. Once. There has been a trial
and appeals have concluded, there is a legal closure. Thus,
NOTE: once the recovery is obtained, the legal incentive for the
plaintiff to stay sick or injured disappears.
1. A discharged employee is under a continuous obligation to 2. The defendant derives closure as well. Once the case is
use reasonable diligence to obtain other suitable concluded, the defendant’s financial exposure and
employment vulnerability to the plaintiff have ended
2. A victim cannot recover the cost of medical treatment 3. For the legal system, the advantage of a single recovery is the
abroad if the same could have been satisfactorily avoidance of multiple judicial proceedings and their
performed by local practitioners (De Leon, 2012) consequent administrative cost (De Leon, 2012)
ART. 2204 Disadvantages

Increase or reduction of damages in crimes
1. Less accuracy in estimating future damages than there would
Q: What are aggravating circumstances? be if determinations were made periodically as losses were
incurred
A: They are those which, if present in the commission of the crime, 2. The plaintiff must be a good investor or he will not have the
serve to increase the penalty because of the unusual perversity award when he needs it in the future (De Leon, 2012).
manifested by the offender.
Discounting awards to present value
NOTE: The increase must not be more or exceed the maximum
provided by law for the crime committed. NOTE: In this case, the court awards the future losses by awarding
less than the absolute peso amount of those losses (De Leon, 2012).
Q: What are mitigating circumstance?
Need for a uniform discount rate 1. Self-employed earning less than the minimum wage under
current labor laws and judicial notice may be taken of the fact
The discount rate is simply the reverse of an assumption about what that in the victim’s line of work, no documentary evidence is
rate of interest the plaintiff’s damages award will earn while it is available
invested by the plaintiff. 2. Employed as a daily wage worker earning less than the
minimum wage under the current labor laws.
Q: What is the coverage of actual damages? 3. Testimonial evidence may suffice to establish for which a court
can make a fair and reasonable estimate of the loss of earning
A: capacity (De Leon, 2012)
1. Loss or impairment of earning capacity in cases if Proof of deceased’s average income and expenses
temporary or permanent personal injury;
For loss of income to be recovered, there must be unbiased proof of
Q: What is the formula for computation of unearned income? the deceased’s average, not just gross income (De Leon, 2012)
A: Net Earning Capacity (X) = Life Expectancy x Gross Annual Ascertaining the amount of compensation
Income – living expenses (50% of gross annual income).
Q: What are the processes in the ascertainment of the amount of
NOTE: The gross annual income requires the presentation of compensation?
documentary evidence for the purpose of proving the victim’s
annual income. The victim’s net income may be pegged at 50% A:
of his gross income in the absence of proof as regards the
victim’s living expenses. 1. The determination of the extent to which such capacity
has been diminished
Q: How is life expectancy determined? 2. The determination of the permanency of the decrease in
earning capacity
A: 2/3 x (80-age of the deceased) 3. The fixing of the amount of money which will compensate
for the determined extent and length of the impairment,
2. Injury to plaintiff’s business standing or commercial including a reduction of the award to its present worth
credit.
Factors to be considered
E.g. Injury caused to plaintiff’s business or commercial credit
consisting in the loss of good will and loss of customers or Q: What will be the factors to be considered?
shippers who shifted their patronage to competitors caused by
a transmission of an erroneous telegram from ‘no truck A:
available to truck available (RCPIC v. CA).
1. The nature and extent of the plaintiff’s business,
Loss or impairment of earning capacity profession or employment
2. Skill and ability in his occupation or profession
Q: What is the nature of the loss or impairment of earning 3. The loss or diminution of his capacity to follow it as a
capacity? consequence of the injury
4. Damages he sustained by reason of such loss, diminution,
A: It partakes the nature of actual damages. He may recover for any may be shown and considered
loss of earnings, provided they are shown with reasonable certainty 5. Position in life
and not merely speculative (De Leon, 2012) 6. Possibility of future increase in income
7. Life expectancy of the person which takes into account his;
Q: State the rules. a. age
b. work
A: c. lifestyle
d. state of health prior to the accident (De Leon, 2012)
1. The actual value of the loss of earning capacity must be
adequately established. The indemnity for such loss is Q: What if the plaintiff is unemployed?
determined by computing the net earning capacity of the
victim A: Note that the damages awarded are for loss of earning capacity
2. The amount recoverable is not the loss of the victim’s entire and not lost of earning. Therefore, it is not necessary for the plaintiff
earnings. It covers only the loss sustained by the dependents to be employed at the time of the injury for the court to be able to
consisting of support they would have received from him had compensate him both for the value of time lost after the injury and
he not died or become incapacitated (De Leon, 2012) before the trial and the impairment to his capacity to earn money in
the future (De Leon, 2012).
GR: Failure to present documentary evidence to support a claim for
loss of earning capacity of the deceased is not fatal to one’s cause NOTE: Even though the plaintiff was not employed, he is entitled to
full compensation for the impairment of this right, assuming of
XPN: course, that the impairment was the result of the defendant (De
Leon, 2012).
a. Salary which the deceased would have received had he
Injury to business standing or commercial credit lived, his life expectancy, the state of health at the time of
his death; expenses of litigation and interest in proper
Q: How is the injury to business standing compensated for? cases;
b. Award is proper in cases of support, moral damages, and
A: additional sums;
c. Unbiased proof of the deceased’s average income must be
1. Libel presented. Otherwise, the court may not grant damages
2. Slander for loss of income;
3. Malicious prosecution d. Only expenses supported by receipts and which appear to
4. Abuse of process (De Leon, 2012) have been actually expended in connection with the death
of the victim should be allowed. A list of expenses cannot
ART. 2206 replace receipts;
e. Not only should the alleged expenses be supported by
This article applies in case of death of person by reason of crime or receipts but also they should have been genuinely incurred
quasi-delict. in connection with the death, wake and burial of the
victim;
th th
Q: If the victim is merely injured, does Art. 2206 apply? f. Expenses relating to the 9 day, 40 day and 1 year
anniversary cannot be considered in the award of actual
A: If the victim is merely injured, Article 2206 is not applicable. Yet, damages as there are incurred after considerable lapse of
he is not entitled to moral damages; time from the burial of the victim.
b. If the physical injuries are caused by a crime; Nature of Awarded not for loss of earnings but for loss of
c. If the injuries are caused by a quasi-delict; compensation capacity to earn money.
d. If caused by breach of contract. Victim People v. Teehankee: no award of compensarion
unemployed for loss of earning capacity granted to the heirs
This article applies in case of death caused by an act constitutive of a of a college freshman because there was no
crime or quasi-delict. It is applicable to the death of a passenger sufficient evidence to show that the victim
caused by breach of contract of common carrier. would eventually become a professional pilot.
NOTE: Amount recoverable depends on particular facts and Loss of earning Haumersen v. Ford Motor Co.- Considerable
circumstances of each case. capacity of a evidence was presented by plaintiffs in an effort
minor to give the jury a foundation on which to make
Under the latest decisions of SC, the statutory minimum limit an award. Briefly stated, this evidence showed
payable for the death of a person is now raised to P50,000.00. The Charles Haumersen was a seven-year-old of
presence of mitigating circumstances is immaterial. It cannot affect above average characteristics. He was described
the grant of civil indemnity for the death of the victim. as ‘very intelligent’ and ‘all-American.’ He
received high marks in school. He was active in
Civil indemnity ex delicto can be awarded without need of further church affairs and participated in recreational
proof other than the commission of the felony itself. While actual or and athletic events, often with children older
compensatory damages to be recoverable must be additionally than himself. In addition, he had an unusual
established with reasonable degree of certainty. talent for creating numerous cartoons and other
drawings, some of which plaintiffs introduced at
Q: Aside from actual or compensatory damages, the heirs of the trial (De Leon, 2012).
deceased are entitled to?
Q: What are the factors to be considered in determining the
A: amount corresponding to the loss of earning capacity?
1. Indemnity for loss of earning capacity; A:

2. Moral damages;
1. Number of years on the basis of which the damages shall
According to De Leon: be computed;
2. Rate at which the losses sustained by the widow and her
3. Expenses for support; children should be fixed.
4. Actual damages
5. Temperate damages i. The loss of earning capacity will not be considered if the
6. Exemplary demages deceased had no earning capacity at the time of his death
7. Attorney’s fees (which should not be due to the defendant’s fault;
8. Litigation expenses ii. Mere fact that the prosecution did not present
9. Interest in proper case. documentary evidence to support its claims for loss of
earning capacity of the deceased does not preclude the
Indemnity for loss of earning capacity recovery of the same;

E.g. Gross net earning capacity= life expectancy x annual i. heirs of the deceased are entitled to be indemnified for
income- living expenses (50% of the annual income) the death of the victim without need of any evidence or
proof;
= 2 (80-34) x (85,140-42,570.00) ii. moral damages may be granted even if there is no proof of
3 emotional feelings;
=30.67x42,570.00 iii. while actual damages must be additionally established
=P1,305,621.90 with reasonable degree of certainty.
iii. Net income is computed by deducting from the amount of The death indemnity is separate and distinct from other forms of
the gross income of the victim the amount of his living indemnity for damages and is automatically awarded without need
expenses. If there is no proof of the living expense of the of any evidence or proof of damages other than the fact that a crime
deceased, the net income is estimated to be 50% of the was committed resulting in the death of the victim and that the
gross annual income. accused was responsible therefor (De Leon, 2012).
Moral damages There can be no exact or uniform rule for measuring the value of
human life and the measure of damages cannot be arrived at by
a. Recoverable from the tortfeasor; precise mathematical calculation but the amount recoverable
b. Depends on the sound discretion of the court after depends on the particular facts and circumstances of each case (De
evidence had been presented establishing the factual basis Leon, 2012).
thereof;
c. Moral damages may be recovered in criminal offenses Support to a recipient who is not an heir
resulting in the victim’s death.
d. It cannot be awarded if there is no legal basis therefor, nor The offender or tortfeasor should be ordered to continue the giving
may it be imposed in substitution of civil indemnity. of support for a period not to exceed 5 years but the exact amount
and period of which shall be determined by the court using its sound
GR: indemnity for loss of earning capacity cannot be awarded in the discretion.
absence of documentary evidence.
Q: What are the factors in determining reasonableness of
XPN: damages?
a. If the deceased is self-employed earning less than the A:

minimum wage under current labor laws, and judicial
notice may be taken of the fact that in the victim’s a. life expectancy considering the health of the victim and
line of work no documentary evidence is available; the mortality table and loss of earning capacity;
b. If the deceased is employed as a daily wage worker b. pecuniary loss, loss support and service;
earning less than the minimum wage under current c. moral and mental anguish
laws.
The indemnity arising from the fact of death due to crime is fixed
Q: Who are the relatives entitled to moral damages? whereas the others are still subject to the determination of the
court based on the evidence presented. The fact that the witnesses
A: are not interrogated on the issue of damages is of no moment
because the death indemnity fixed for death is separate and distinct
a. the surviving spouse, from the other forms of indemnity for damages (De Leon, 2012).
b. descendants;
i. children and grandchildren; Geluz v. CA
ii. whether legitimate or illegitimate
c. ascendants Father of the fetus that was aborted without his consent, is not
i. parents and grandchildren; entitled to recover damages from the doctor because it is not yet
ii. whether legitimate or illegitimate endowed with juridical personality (De Leon, 2012).
Q: What must be considered in determining the amount of

i. brothers and sisters of the deceased are not accorded the indemnity to be awarded?
right to recover moral damages;
ii. adopted children are considered as legitimate children and A:
thus are entitled to moral damages; 1. financial capacity of the common carriers;
iii. in case of illegitimate children, it is necessary they must be 2. life expectancy of the deceased or beneficiary whichever is
previously recognized by the deceased. shorter;
3. pecuniary loss to the plaintiff or beneficiary;
Civil indemnity for death of the person 4. loss of support;
5. loss of service;
Death occurring as a result of the crime: 6. loss of society;
7. mental suffering of beneficiary;
8. medical and funeral expenses (De Leon, 2012).

Q: If death occurs as a result of the commission of a crime, what insured, availing himself of the latter’s rights that exist against the
are the items of damages which can be recovered? wrongdoer at the time of the loss (De Leon, 2012).
A: This article applies only to property and not to life insurance. Life
insurance contracts are not ordinarily contracts of indemnity.
a. civil indemnity for loss of earning capacity of the deceased;
b. actual or compensatory damages; i. Right of subrogation given to the insurer prevents the
c. moral damages; insured from obtaining more than the amount of his loss.
d. attorney’s fees and expenses of litigation; and ii. The right exists after indemnity has been paid by the
e. interest in proper cases (De Leon, 2012). insurer to the insured who can no longer go after the third
party. He can only recover once.
ART. 2207 iii. If the amount paid by the insurance company does not
fully cover the injury or loss, it is aggrieved party not the
NOTE: This does not apply to damage resulting from loss of human insurer, who is entitled to recover the deficiency from the
life or to injury sustained by natural persona. person responsible for the loss or injury.
iv. The insurer can only recover the amount recoverable by
Q: What is the effect of receipt of insurance indemnity by plaintiff? the insured from the party responsible for the loss (De
Leon, 2012).
A: If the plaintiff had received the proper indemnity from the
insurer, the latter has the right to the rights of the insured. The ART. 2208
insurer has the right to go after the wrongdoer or the one who
violated the contract for reimbursement. This applies to exceptional grant of:
The consent of the DR is not required for the effectuation of the a. attorney’s fees—extraordinary
subrogation. b. litigation expenses
Q: What is the principle of subrogation? Q: What are the 2 concepts of attorney’s fees?
A: If the insured property is destroyed or damaged through the fault A:

or negligence a party other than the assured, the insurer will be
subrogated to the rights of the assured to recover from the a. Ordinary-the reasonable compensation paid to a lawyer
wrongdoer to the extent that the insurer has been obligated to pay. for the legal services he has rendered to a client who has
engaged him. The basis is the fact of employment of the
Equitable assignment of all remedies lawyer by the client;
BASIS: Services rendered.
Payment by the insurer to the assured operates as an equitable i. Can be recovered and payable even if not
assignment to the former of all remedies which the latter may have expressly agreed upon so long as the lawyer has
against the third party whose negligence or wrongful act caused the rendered services to the client.
loss. ii. RATIO: Quasi-contract—for no one shall be
enriched at the expense of another.
It occurs simply upon payment of the insurance by the insurer. iii. Reason of award must be stated in the text of
the court’s decision; otherwise, if stated only in
Q: Under what instances does this principle do not apply? the dispositive portion, the same must be
disallowed on appeal.
A: iv. It is necessary for the court to make findings of
facts and law that would bring the case within
9. when the assured by his own act releases the wrongdoer the exception and justify the grant of such
or third person liable for the loss or damage from liability; award.
10. when the insurer pays the assured the value of the loss
goods without notifying the carrier who has in good faith b. Extraordinary- as an indemnity for damages ordered by
settled the assured’s claim for loss; the court to be paid by the losing party to the prevailing
11. when the insurer pays the assured for a loss which is not a party.
risk covered by the policy.
GR: This is payable not to the lawyer but to the client.
If the indemnity received is not enough to cover the entirety of the XPN: Unless they have agreed that the award shall pertain
damage or loss suffered by the injured party, the latter shall be to the lawyer as additional compensation or as part
entitled to recover the deficiency from the person who caused the thereof.
loss or injury.
i. Indemnity for damages to be paid by the losing
Q: What is the doctrine of subrogation? party in a litigation to the prevailing party and
not his counsel, unless there is agreement that
A: It is the process of legal substitution: the insurer, after paying the the award shall pertain to the lawyer as
amount covered by the insurance policy, steps into the shoes of the additional compensation or as part thereof (De
Leon, 2012).
NOTE: Attorney’s fees stipulated but not claimed in the complaint (4) In case of a clearly unfounded civil action or
cannot be allowed. It must be alleged and proved. A general prayer proceeding against the plaintiff;
is not sufficient to justify attorney’s fees. They must be specifically
prayed for, proven, and justified in the decision itself. i. When a clearly baseless civil action is filed
against the P, the latter is entitled to attorney’s
Attorney’s fees and moral damages cannot be consolidated for they fees;
are different in nature and each must be separately determined. ii. D was unnecessarily made a defendant;
iii. If the complaint was filed in good faith,
Attorney’s fees and nominal damages may be granted together but attorney’s cannot be awarded to the D simply
the latter cannot co-exist with the other kinds of damages. because the judgment was favorable to them.
Stipulation on the payment of extraordinary attorney’s fees (5) Where the defendant acted in gross and evident bad
faith in refusing to satisfy the plaintiff's plainly valid, just
Parties may stipulate on the payment of attorney’s fees. and demandable claim;
It is not proper for them to agree that the lawyer’s fees shall be i. Bad faith is refusal to satisfy the P’s plainly valid,
based on the certain percentage of the amount of the principal just and demandable claim;
obligation. ii. Failure to satisfy the former’s just and valid
demandable claim which forced the appellant to
The fees agreed upon are in the nature of liquidated damages. litigate;
iii. Unnecessary expense and the trouble to protect
Q: What if there is no stipulation on attorney’s fees? his interest;
iv. Mere failure of the D to pay his obligation
A: GR: In the absence of stipulation, they are not recoverable. without BF does not warrant recovery of
attorney’s fees;
They are not automatically awarded to every winning litigant (De v. Attorney’ s fees lie primarily on the discretion of
Leon, 2012). the TC;
XPN: Article 2208 (6) In actions for legal support and in cases where it is
just and equiatable to do so;
(1) When exemplary damages are awarded;
i. Exemplary/corrective damages—those imposed (7) In actions for the recovery of wages of household
by way of example or correction for public good, helpers, laborers and skilled workers;
in addition to moral, temperate, liquidated, or
compensatory damages. It is but appropriate and compelling that when a
household helper, etc. goes to court to claim his unpaid
(2) When the defendant's act or omission has wages that he be entitled to attorney’s fees.
compelled the plaintiff to litigate with third persons
or to incur expenses to protect his interest; In case of doubt in the interpretation of the law, the doubt
shall be resolved in favor of labor.
i. Where the D offered to settle, but the P refuses
the settlement, the latter is not entitled to Art. 1689. Household service shall always be reasonably
attorney’s fees because the former did not compensated. Any stipulation that household service is
compel the latter to litigate; without compensation shall be void. Such compensation
ii. If the complaint was filed in good faith, shall be in addition to the house helper's lodging, food,
attorney’s fees cannot be awarded to the D and medical attendance.
simply because the judgment was favorable to
them for it may amount to imposing a premium Art. 1700. The relations between capital and labor are
on the right to redress grievances in court; not merely contractual. They are so impressed with
public interest that labor contracts must yield to the
(3) In criminal cases of malicious prosecution against the common good. Therefore, such contracts are subject to
plaintiff; the special laws on labor unions, collective bargaining,
strikes and lockouts, closed shop, wages, working
Q: What are the elements of malicious prosecution? conditions, hours of labor and similar subjects.
A: Contract for a piece of work which is applicable to skilled

i. D was the prosecutor or that he instigated the worker
commencement of the criminal action;
ii. P was acquitted; Art. 1713. By the contract for a piece of work the
iii. Prosecutor acted without probable cause; contractor binds himself to execute a piece of work for
iv. He has actuated by improper and sinister the employer, in consideration of a certain price or
motives. compensation. The contractor may either employ only his
labor or skill, or also furnish the material. (1588a)

Art. 1702. In case of doubt, all labor legislation and all c. The reasons or grounds for the award must be set forth in
labor contracts shall be construed in favor of the safety the decision itself;
and decent living for the laborer.
i. P was constrained to incur expenses of litigation
(8) In actions for indemnity under workmen's compensation and in order to protect its interest in the subject
employer's liability laws; property against the R’s utterly unfounded
insistence on an alleged unilateral right to renew
i. WCA does not provide for attorney’s fees recoverable the contract of lease;
from the adverse party ii. P’s unjustified refusal to release the balance of a
loan which has compelled the R to institute an
(9) In a separate civil action to recover civil liability arising from a action for injunction and damages in order to
crime; protect its clear and interests;
d. The amount fixed in the written agreement must be
i. Attorney’s fees under Article 2208 (9) can only be unconscionable or unreasonable, or appears to be
recovered in a separate civil action to recover civil liability excessive and to limit the fee to a reasonable amount; If
arising from a crime. the attorney’s fees appear to be excessive the court may
fix them on a quantum meruit basis.
(10) When at least double judicial costs are awarded; e. The agreement between the lawyer and his client as to
attorney’s fees cannot bind the other party who was a
i. When an action is found to be frivolous, double or treble stranger to the contract;
costs may be imposed on the P, which shall be paid by his f. It cannot be recovered when the D’s act or omission
attorney; compelled the P to litigate and incur expenses;
g. The award is essentially discretionary with the TC and the
(11) In any other case where the court deems it just and equitable same should not be disturbed in the absence of abuse of
that attorney's fees and expenses of litigation should be recovered. discretion;
h. Stipulated attorney’s fees not claimed in the complaint
RATIO: To put no premium on the right to litigate. In the absence of cannot be allowed. Such claim is in the nature of a
any stipulation, the losing party is not bound to pay such fees. It is counterclaim which is barred if not pleaded or prayed for
subject to the restriction that the same shall be reasonable. in the answer to the complaint;
i. Claim for attorney’s fees may be asserted either in the
Quantum meruit (as much as one deserves) action in which the services have been rendered or in a
separate civil action;
i. Attorney’s fees should be fixed on a quantum meruit basis j. It can be denied to a P who won the case but did not come
because a lawyer is primarily a court officer of the court to court with clean hands;
and his fees are subject to judicial control. k. In cases where both parties have legitimate claims against
ii. Courts should disregard stipulations for counsel fees each other and no party actually prevailed, as where the
whenever they appear to be a source of speculative profit claims of both parties were sustained in part, an award of
at the expense of the DR or the MR. attorney’s fees would not be warranted;
NOTE: If not pleaded and prayed for in the complaint, attorney’s l. Attorney’s fees are not an integral part of the cost of
fees are barred. borrowing but arise only when collecting upon an
obligation becomes necessary. The purpose is not to give
The claim for ordinary attorney’s fees may be asserted either in the the lender a larger compensation for the loan but to
very action in which the services had been rendered or in a separate protect it against any future loss or damage by being
action. compelled to retain counsel-in-house or not to reinstitute
judicial proceedings for the collection of its credit;
Q: Will the amount of attorney’s fees affect jurisdiction of the m. Attorneys fees and expenses for litigation are recoverable
court? only in the concept of actual damages not as moral
damages—such must be prayed for and may not be
A: No. In this case, the right to recover attorney’s fees is but an deemed incorporated within a general prayer;
incident of the case in which the services of the counsel have been n. No proof is required of the claim for attorney’s fees where
rendered. This is based on the assumption that the court trying the they were awarded as liquidated damages and were not
case is to a certain degree already familiar with the nature and iniquitous nor unconscionable;
extent of the lawyer’s services. o. Award of exemplary damages in itself sufficient
justification for the grant of attorney’s fees. The award of
Brief ruling on attorney’s fees attorney’s fees must be deleted where the award of moral
and exemplary damages is eliminated;
a. Court should make express factual findings to justify the p. It may be awarded in cases other than the 10 cases
grant of attorney’s fees; There has to be factual, legal or mentioned, when the court deems the award just and
equitable justification for the award. The justification equitable (De Leon, 2012).
cannot be left to speculation or conjectures.
b. It Is necessary for the TC to make findings of fact and law ART. 2209
that would bring the case within the ambit of the
enumerated instances to justify the grant of award and in Q: What is the effect of delay in the payment of sum of money?
all cases must be reasonable;
A: The amount of damages is limited:
The penalty may be enforced only when it is demandable in
1. To the interest stipulated by the parties; accordance with the provisions of this Code. (1152a)
2. To the legal interest—6%.
ART. 2211
NOTE: If there is a stipulation for payment of interest in forbearance
of money but the percentage is not agreed upon, the interest is 12% In crimes and quasi-delicts, the court may appropriately impose
per annum. interest on the amount of the damages adjudicated by the court.
The basis of interest is the legal rate which is 6% per annum.
In money judgment awarded by the court, the rate of legal interest,
regardless of whether the obligation involves a loan or forbearance No interest shall be adjudged on unliquidated claims or damages
of money, shall be 12% from such finality until its satisfaction. except when or until demand can be established with reasonable
certainty.
The payment of the regular interest constitutes the price or cost of
the use of money and thus, until the principal due is returned to the Interest may be awarded in the discretion of the court, considering
creditor, such interest continues to accrue since the debtor the circumstances of the case, for breach of contract and in crimes
continues to use such principal amount (De Leon, 2012). or quasi-delicts. The amount thereof cannot be left to speculation or
conjecture but must have some factual, legal and equitable bases
Q: What is the reckoning period for the payment of such interest? (De Leon, 2012).
A: It is from the date of demand which could either be judicial (filing ART. 2212
of complaint) or extrajudicial (sending of demand letter).
This article applies where conventional interest had accrued which
Indemnity for damages in obligations to pay sum of money would earn interest upon judicial demand.
Q: What is compensatory interest? Q: What do you mean by accrued interest?
A: It is interest imposed as indemnity or penalty for damages. A: It is the interest due in an obligation. This accrued interest earns
legal interest from the time of judicial demand and not from default.
Q: What is monetary interest?
Interest upon interest is applicable only to obligations containing a
A: It is the compensation fixed by the parties to a contract for the stipulation for interest.
use or forbearance of money.
The legal interest is earned even if the obligation did not mention
This article applies to obligation which the DR failed to perform about it in the contract.
consists only in the payment of money, rule of damages is laid down
in Article 2209 (De Leon, 2012). Interest due at the time of the filing of the complaint for the
recovery of sum of money earns interest at the legal rate from said
ART. 2210 date although the obligation is silent on this point.
In case of breach of contract, the court has the discretion to impose Q: What is the effect of the absence of stipulation to pay interest?
interest upon the damages awarded.
A: In such case, there will be no compounding of interest.
If the parties agreed that no interest whatsoever shall be due, the
principal shall not bear interest. Yet, if the exemption from the Q: What is compound interest?
interest covers only a fixed period, it is understood that the interest
shall be due outside the said period. A: It is the interest earned upon the interest due. It contemplates a
situation where the interest stipulated by parties had accrued which
Obligations with a penal clause earn legal interest from the time of judicial demand or a suit is filed
for its recover (De Leon, 2012).
GR: In obligations with a penal clause, the penalty shall substitute
the indemnity for damages and the payment of interests in case of Q: What is the effect of the absence of stipulation for the payment
noncompliance. of interest?
XPN: There is a stipulation to the contrary. A: If there were no stipulation as to interest, there would be no
compounding of interest since one of the requisites for the recovery
The penalty may be enforced only when it is demandable in of interest is that the payment of interest must be expressly
accordance with the provisions of this Code. stipulated (Art. 1956.) (De Leon, 2012).
Art. 1226. In obligations with a penal clause, the penalty shall

substitute the indemnity for damages and the payment of interests ART. 2213
in case of noncompliance, if there is no stipulation to the contrary.
Nevertheless, damages shall be paid if the obligor refuses to pay Q: What are unliquidated claims or damages?
the penalty or is guilty of fraud in the fulfillment of the obligation.
A: They are claims which are not fixed or predetermined. Thus, no care, the plaintiff may recover damages, but the courts shall
interest can be imposed or collected from unliquidated damages for mitigate the damages to be awarded. (n)
lack of basis until their amounts had been established with
reasonable certainty. ART. 2215
Mitigation of damages in contracts, quasi-contracts and quasi-
Q: What is the reckoning time when legal interest may be collected delicts
from unliquidated damages?
Q: What are the grounds for mitigation of damages?
A: It should start from the date of the decision of the TC as it is only
then that the claims for damages are definitely ascertained. A:
No interest shall be adjudged on unliquidated claims or damages For contracts For qausi-contracts For quasi-delict
except when or until the demand can be established with 1. Violation of the 1. In cases where 1. Loss would
reasonable certainty. terms of the exemplary have resulted
contract by the damages are to in any event
i. Where demand is established with reasonable certainty P himself; be awarded; because of the
the interest shall begin to run from time the claim is made negligence or
judicially or extra-judicially; 2. Obtention or 2. D has done his omission of
ii. Otherwise, the interest shall begin to run only from the enjoyment of best to less the another, and
date the judgment of the court is made at which time the benefit under P’s injury or where such
quantification of damages may be deemed to have been the contract by loss negligence or
reasonably ascertained, for until the net amount of the the P himself; omission is the
DR’s liability has been determined, he cannot be immediate and
considered delinquent in the fulfillment of his obligation to 3. D acted upon proximate
pay the same with interest thereon (De Leon, 2012).. the advice of cause of the
counsel in cases damage or
Q: What is the interest rate applicable? where injury;
exemplary
A: With regard particularly to an award of interest in the concept of damages are to 2. D has done his
actual and compensatory damages, the rate of interest, as well as be awarded; best to less the
the accrual thereof, is imposed, as follows: P’s injury or
4. D has done his loss
a. When the obligation is breached, and it consists in the best to less the
payment of a sum of money, i.e., a loan or forbearance of P’s injury or
money, the interest due should be that which may have loss
been stipulated in writing. Furthermore, the interest due
shall itself earn legal interest from the time it is judicially
demanded. NOTE: The enumeration is not exclusive.
In the absence of stipulation, the rate of interest shall be Q: What is the rule when the contracting parties are in pari delicto?
12% per annum to be computed from default, i.e., from
judicial or extrajudicial demand under and subject to the A:
provisions of Article 1169.
b. When an obligation, not constituting a loan or forbearance Hulst v. PR Builders, Inc.
of money, is breached, an interest on the amount of
damages awarded may be imposed at the discretion of the In pari delicto is a universal doctrine which holds that no action
court at the rate of 6% per annum. No interest, however, arises, in equity of law, from an illegal contract; no suit can be
shall be adjudged on unliquidated claims or damages maintained for its specific performance, or to recover the property
except when or until the demand can be established with agreed to be sold or delivered, or the money agreed to be paid, or
reasonable certainty De Leon, 2012).. damages for its violation; and where the parties are in pari delicto,
no affirmative relief of any kind will be given to one against the
ART. 2214 other.
Q: What is the effect of the contributory negligence of the XPN:

plaintiff?
1. Innocent party
A: It can reduce of mitigate the damages that the P can recover from 2. DR pays usurious interest
the D. 3. Party repudiates the void contract before the illegal
purpose is accomplished or before damage is caused to
Art. 2179. When the plaintiff's own negligence was the immediate third person and if public interest is subserved by allowing
and proximate cause of his injury, he cannot recover damages. But recovery
if his negligence was only contributory, the immediate and 4. Incapacitated party if the interest of justice so demands
proximate cause of the injury being the defendant's lack of due 5. The party for whose protection the prohibition by law is
intended if the agreement is not illegal per se but merely
prohibited and if public policy would be enhanced by
permitting recovery
6. Party for whose benefit the law has been intended as such
as in price ceiling laws and labor laws. SECTION1
MORAL DAMAGES
Q: Distinguish between doctrine of avoidable consequences and
doctrine of contributory negligence. ART. 2217
A: The so-called “duty’’ to avoid consequences cannot arise until a Moral damages are not defined because it is difficult to define it as
cause of action has accrued which will entitle the plaintiff at least to many injuries similar or having resemblance to the different pains
nominal damages. The defense of the contributory negligence of enumerated therein might be excluded. The Code merely
the plaintiff must be based upon the plaintiff’s obligation or duty enumerated different sufferings which may be undergone by the
under the contract or its incidents. It must, therefore, antedate or injured party. The same is not exclusive.
be concurrent with the latter. Failure on the part of the plaintiff,
after a breach, to use due care to prevent or diminish consequences It is an award to compensate the claimant for actual injury suffered
which are avoidable in whole or in part, is a matter of defense and not to impose penalty on the wrongdoer.
distinct from contributory negligence. It affects the amount of
damages, and the burden of proof is upon the party alleging it. It is not intended to enrich the complainant. It is to compensate the
claimant for actual injury suffered and not impose a penalty on the
Otherwise stated, if the act of the injured person does not operate wrongdoer.
in causing the injury, but merely adds to the resulting damage, its
only effect is to prevent the recovery of those damages which Q: What do you mean by moral damages?
proper care would have averted. In such cases, the damages should
be apportioned and the defendant held liable only for such as his A: It is the damages for the pain, suffering, including physical
negligence produced. (15 Am. Jur. 432.) suffering, mental anguish, fright, serious, anxiety, besmirched
reputation, wounded feelings, moral shock, social humiliation and
Considering, however, that both under ours and English law, similar injury.
contributory negligence goes to the mitigation of recoverable
damages merely (except when it’s the proximate cause thereof), and NOTE: The act or omission must not only be wrongful it must also be
is not a complete bar to the action itself as in American law, the the proximate cause of injury (De Leon, 2012).
above distinction does not appear to be a significant one. But the
doctrine of avoidable consequences as a distinct defense from Q: What is the basis for the claim for moral damages?
contributory negligence can be taken into account in our jurisdiction
towards the further reduction of the amount of recoverable A: It is based on equity and he who comes to court to demand
damages De Leon, 2012).. equity must come with clean hands.
Moral damages cannot be recovered in the absence of wrongful act

or omission or fraud or bad faith.
Chapter 1
OTHER KINDS OF DAMAGES Q: When can the same be denied?
ART. 2216 A:
Q: What is the coverage of other kinds of damages? 1. Mere vexation or mental anguish;
2. Feelings which are product of sensitiveness;
A: 3. Worries and anxieties of a defendant in a litigation that
was not maliciously instituted;
1. Moral 4. When the basis of the complaint was erroneous;
2. Nominal 5. Mere sympathy cannot justify moral damages
3. Temperate
4. Liquidated The Court’s discretion in granting or refusing damages is governed
5. Exemplary or corrective by reason and justice.
Proof of pecuniary loss is required in actual or compensatory Q: What is the nature and purpose of moral damages?
damages. Such damages must be alleged and proved. They are not
presumed. A:
In other kinds of damages, no proof of pecuniary or monetary loss is i. It is personal to the party claiming them;
required. Yet, it is essential that there should be a clear showing of ii. It is compensatory in nature for the menial pain and
the facts giving rise to such damage. The claimant should anguish resulting from the wrong. It is essentially
satisfactorily prove the factual basis of moral damages and its causal indemnity or reparation and not punitive or corrective in
relation to the Defendant’s acts. It serves to compensate the nature. It is designed to compensate for actual injury;
claimant for actual injury suffered and not impose a penalty on the
wrongdoer.
iii. To enable to obtain means, diversion, or amusements that
will serve to alleviate the moral suffering he has The presence of sentimental value when properly established will
undergone by reason of the D’s culpable action; have the persuasive effect of justifying an increase in the amount of
iv. Proof of pecuniary loss is not requited in the award of moral damages payable to the owner.
moral damages;
v. Can be awarded even in the absence of actual or Q: Distinguish between sentimental value and good will.
compensatory damages;
vi. Yet, it is essential that the claimant proves the existence of A:
the factual basis of the moral damages by testifying on the
witness stand the mental and physical pain and suffering Sentimental Value Good will
that he experienced; The personal attachment of the Refers to the public patronage
vii. Mere allegation is not proof; owner to the property. to one’s business like a shop,
viii. Without definite findings as to what the supposed moral resort, hotel, restaurant,
damages suffered consisted of, such damages would commercial establishment which
become a penalty rather than a compensation for actual enhances its public image,
injury suffered De Leon, 2012). attraction and reputation.
Causal connection to the D’s acts GR: Under ordinary circumstances, there can be no recovery for
mental anguish suffered in connection with an injury to property.
It must also be shown that his moral damages were the proximate The reason for this is that mental suffering is not a natural
result of the D’s wrongful act or omission the actual basis for which consequence of injury to property.
must be satisfactorily established by the aggrieved party.
XPN: Where, however, the act of the offender is inspired by fraud,
There is no hard and fast rule in the determination of what could be malice or like motives, mental suffering is a proper element of
a fair amount of moral damages since each case must be governed damages (De Leon, 2012).
by its own peculiar circumstances (De Leon, 2012).
ART. 2219
Rule in criminal cases
This article enumerates the 10 cases where moral damages may be
awarded. It is not exclusive.
i. In rape cases, moral damages may be awarded to the
victim in such amount as the court deems just under the Q: What do you mean by analogous cases?
circumstances without need of alleging or proving the
basis thereof. A: Analogous’’ means “bearing analogy or resemblance, correspond
ii. Case law requires automatic award of moral damages to a (to some others) or resembling in certain aspects, as in form,
rape victim without need of proof because from the proportion, relations, etc.’’ The law does not intend that moral
nature of the crime it can be assumed that she has damages should be awarded in all cases where the aggrieved party
suffered moral injuries entitling her to such award. Such suffered mental anguish, fright, moral anxiety, etc. arising out of an
award is separate and distinct from civil indemnity, which act or omission of another, otherwise, there would not have been
case law also automatically, awards upon proof of the any reason for the inclusion in the law of specific acts in Article 2219
commission of the crime by the offender. (De Leon, 2012).
iii. The conviction of the accused in seduction and acts of
lasciviousness also suffices as a basis for an award of moral Q: What is the purpose for the award of moral damages?
damages to the victim and her parents in the same
criminal action, without independent proof thereof (De A: It is aimed at a restoration of the spiritual status quo ante and
Leon, 2012). thus, it must be proportionate to the sufferings inflicted. It is
awarded to allow the P to obtain means, diversion or amusements
Execution of award of moral and exemplary damages that will serve to alleviate the moral suffering he has undergone due
to the D’s culpable action.
The execution of any award for moral and exemplary damages is
dependent on the outcome of the main case. Unlike actual damages GR: Moral damages cannot be presumed. The claimant must
for which a party may clearly be held liable if, for example, he satisfactorily prove the factual basis and casual connection thereof
breaches a specific contract and the amounts of which are fixed and with the respondent’s acts.
certain, liabilities for moral and exemplary damages as well as the
exact amounts remain uncertain and indefinite pending appeal (De XPN: Rape cases for it is assumed that the complainant has
Leon, 2012). sustained mental, physical and psychological sufferings.
ART. 2218 Q: What are the factors to be considered in the award for moral
damages?
Q: What is sentimental value?
A:
A: It is the value placed by the owner on the said property which is
more than its actual value by reason of some sentiments of longing, 1. Physical suffering, mental anguish, fright, serious anxiety,
desire, affection to the property, or respect and honor to its grantor. etc. personally suffered by the P;
a. GR: There is no cause of action for breach of promise to
i.Mental anguish is a mental suffering of high and marry;
not mere disappointment or regret or form of b. XPN: Unless there is a criminal seduction or violation of
annoyance or vexation; morals, good customs and public policy.
ii. Mere sympathy for a close relative’s physical iii. Conviction of the accused suffices as a basis for the award
injuries will not justify grant of moral damages of moral damages to the victim and her parents because
2. There must be bad faith or wrongful act or omission. the law presumes that not only the woman who was
seduced, abducted, raped or abused, but as well her
Q: What are the requisites for the award of moral damages? parents, naturally suffered besmirched reputation, social
humiliation, mental anguish and wounded feelings.
A: iv. RAPE- rape is now converted into a public crime; but now
the victim in rape cases may now be male.
1. There must be an injury (physical, mental or a. Moral damages are automatically granted
psychological); without need of pleading of proof other than the
2. There must be a culpable act or omission factually commission of the crime;
established; b. Similarly, civil indemnity is mandatory upon the
3. Wrongful act or omission of the D is the proximate cause finding of fact of rape and is automatically
of the injury sustained by the claimant; and imposed upon the accused without need of
4. Award is predicated on any of the cases in Art. 2019. proof other than the fact of the commission;
c. The civil indemnity should not be less than
Civil indemnity is mandatory in rape. This is distinct from and should 75,000 if the qualifying circumstance is present
not be denominated as moral damages which have different jural as to justify the imposition of death penalty;
foundations and assessed by the court in the exercise of its sound d. If the rape is simple rape, civil indemnity is
discretion. 50,000.00.
v. ACTS OF LASCIVIOUSNESS
Instances or Cases Justifying recovery of moral damages a. Victim may be a male
vi. ADULTERY OR CONCUBINAGE
Criminal cases resulting in physical injuries a. Private crimes- they cannot be prosecuted
without the complaint of the offended spouse
i. If there is no death or physical injuries, moral damages b. Bigamy is not included in the enumeration.
cannot be recovered in criminal cases; Hence, there is no legal basis for the imposition
ii. Criminal offense which does not result in physical injuries of moral damages
cannot give rise to moral damages;
iii. The term “physical injuries”—includes death and no proof Illegal or arbitrary detention or arrest
of pecuniary loss is necessary for such damages may be
adjudicated and assessment thereof is subject to the i. Art. 32 of NCC provides for the independent civil actions
discretion of the court. premised on the violation of the fundamental rights of the
iv. Taxi company is not liable for moral damages based on people;
criminal negligence of the driver for the former did not ii. The offender, whether public or private person, is liable
commit the crime nor participated in its commission for damages;
iii. Applies to the kidnapping and failure to return a minor
Quasi-delicts causing physical injuries under Article 270 of the RPC;
iv. If the crime was committed with abuse of public position,
i. Quasi-delicts must result in physical injuries such as award of exemplary damages are justified.
frustrated homicide;
ii. GR: Quasi-delicts which do not give rise to physical injuries Illegal search
are deemed excluded from the coverage of the article.
i. Governed by Art. 129 of the RPC;
XPN: Articles 21, 26,27, 28, 29, 30, 32, 34 and 35; Article ii. Also gives rise to an independent civil action under Art. 32
309 (par.g) (9) of the NCC
iii. Moral damages may be recovered when the rights of
iii. Interference in contractual relationships which does not individuals, including the right against deprivation of
give rise to physical injuries may also be considered as a property without dues process of law are violated.
special tort.
Libel, Slander, or any other form of defamation
Seduction, abduction, rape, or other lasciviousness acts
i. Recovery of moral damages from the very publication and
i. The conviction of the accused for any of these crimes circulation of the subject defamatory and libelous material
entitles the victim and the parents to awards of moral itself. There can be no doubt as to the resulting wounded
damages; feelings and besmirched reputation sustained by the
ii. SEDUCTION- perpetrated through the promise of complainant;
marriage; ii. Damages are also allowable for actions against a person’s
dignity such as profane, insulting, humiliating, scandalous
or abusive language;
iii. Special circumstances of the case—antecedents or
relationship between the offended party and the offender, 1. Prosecution filed a civil action against the plaintiff
which might tend to prove the intention of the offender at previously;
the time; 2. Action was dismissed for clear lack of merit or for being
iv. P.I is a common expression that is often employed, not baseless, unfounded and malicious;
really a slander but expression of anger or displeasure; 3. D who filed the previous complaint as P was motivated by
v. Relate with Art. 33—to be proven by preponderance of ill-will or sinister design;
evidence separately from and independent of the 4. Present P suffered injury or damage by reason of previous
institution, pendency, or result of the criminal action. complaint filed against him.
vi. In action for damages, it is axiomatic that for published
work alleged to contain libelous material must be Q: What are the general elements in both criminal and civil action?
examined and viewed as a whole.
A:
Q: Who can initiate an action for defamation?
1. Malice
A: Only the offended party may file or initiate the action. 2. Absence of probable cause
If the action is still pending trial, the filing by the D of an action

based on malicious prosecution anchored on the first case is
premature, its dismissal is in order.
Filipinas Broadcasting Network v. Ago
Q: What is the effect of unsuccessful suits?
Article 2219(7) does not qualify whether the plaintiff is a natural or
juridical person. Therefore, a juridical person such as a corporation A: Mere filing of a suit does not render the P liable for malicious
can validly complain for libel or any other form of defamation and prosecution should he be unsuccessful. Persons should have free
claim for moral damages. resort to the courts. Law does not impose a penalty on the right to
litigate.
Malicious Prosecution
Q: May moral damages be automatically assessed against
i. Included unfounded civil actions instituted to vex, unsuccessful plaintiffs?
humiliate the D despite the absence of a cause of action or
probable cause; A:
ii. Arts. 19, 2170, 2219 as the statutory basis for malicious
prosecution. 1. If there was no BF in the filing of the P’s complaint, its
iii. Article 2208 also mentions malicious prosecution which dismissal does not necessarily make him as losing party
justifies grant of attorney’ s fees automatically liable for damages to the defendant;
2. Adverse result of an action does not per se make an act
Q: What are the requisites of malicious prosecution in criminal wrongful and subject the actor to the payment of moral
cases? damages;
3. If the damages result from a person’s exercise of a right, it
A: is damnum absque injuria;
4. It is discretionary upon the court whether to grant or not
1. Fact of prosecution and the further fact that the D was to grant moral damages. Yet, the judge must not abuse
himself the prosecutor and that the action was finally his discretion. If the factual basis of the moral damages
terminated with acquittal; had been proven, the court must award the same to the
2. That in bringing the action, the prosecutor acted without P;
probable cause; and
3. Prosecutor was actuated or impelled by legal malice. Acts mentioned in Article 309 (Disrespect for the dead and
wrongful act interference with funerals)
There must be proof that the prosecution was prompted by a
sinister design to vex and humiliate a person, and that it was a. Disrespect for the dead—liable for damages to the family
initiated deliberately knowing that the charges were false and of the deceased;
groundless. b. Funeral rites include: wake, necrological services,
procession and burial;
Q: What do you mean by prosecutor? c. Performing unauthorized autopsy; unnecessarily
mutilating it; withholding it from those entitled to its
A: It includes the complainant who initiated the case; or any public possession, or its authorized removal from its grave are
officer authorized to file and prosecute the criminal case. Mere actionable wrongs. The same is contrary to morals and
witnesses are not included but are liable for false testimony or good customs (Article 21, NCC).
perjury for their falsehoods.
Unlawful interference in the funeral of a dead person
Q: What are the requisites of malicious prosecution in civil action?
A:
a. Causing of boisterous disturbance, firing of guns to 2. A breach of contract cannot be considered as included in the
disperse people attending the funeral rites are wrongful descriptive term “analogous cases”—Article 2220 provides for
interferences. They are actionable wrongs; damages caused by contractual breach; quasi-delict excludes
b. Digging of grave for the purpose of pilfering jewelry or cases where there is pre-existing contractual relations between
other things of value from the body of the deceased or the parties;
removing the corpse from its valuable coffin and running 3. Unfounded allegation that the documents were forged;
away with it—theft or robbery. 4. Case of a bus passenger who was merely injured by reason of
negligence of the common carrier cannot be considered as
If the act is wanton and malicious or is the result of gross negligence analogous case;
or reckless disregard of the rights of the family of the deceased, 5. If the passenger dies however, by reason of negligence of the
exemplary damages may also be awarded. carrier, moral damages are recoverable. The same is true if the
common carrier is guilty of fraud or bad faith.
Q: Who can file the action?
GR: In actions for damages predicated on breach of contract of
A: transportation, moral damages are not recoverable.
a. Spouse XPNs:
b. Descendants
c. Ascendants a. Where the mishap results in the death of the passenger;
d. Brothers and sisters and
b. Where it is proved that the carrier was guilty of fraud or
bad faith, even if death does not result.
6. Initial carelessness of the bank, aggravated by its lack of

Libel against a dead person promptness in repairing its errors, justifies th grant of
exemplary damages.
a. Article 353 of the RPC;
b. Relatives of the deceased are the ones allowed to file the Q: What is the liability of the bank for moral damages?
case for libel for which the D may be held liable for
damages. A: Gross negligence of the bank in handling of the client’s deposit
amounts to BF that calls for an award of moral damages.
Acts and actions referred to in Article 21, 26, 27, 30, 32, 34 and 34
A Bank is under obligation to treat the accounts of its depositors
a. Dismissal of an EE is attended by BF or fraud or constitutes with meticulous care whether such account consists only of a few
an act oppressive to labor or is done contrary to morals, hundred of pesos or of millions of pesos.
good customs, or public policy;
b. Dismissal is done with harassment or arbitrary RATIO: The banking sector at all times maintains high level of
termination; meticulousness.
c. Loss of boyfriend after the accident suffered by the P due
to her physical injuries is not a legal basis for the award of Q: May a corporation which is an artificial person suffer moral
moral damages. damages?
Yardstick or guideline for the grant of moral damages A:
a. The amount to be awarded is not palpably and scandalous GR: No because being an artificial person and having an existence
excessive so as to indicate that it was the result of passion, only in legal contemplation, it has no feeling, no emotions, no
prejudice or corruption on the part of the TC; senses. It cannot experience physical sufferings, mental anguish,
b. The award is not subject to the whims and caprices of the fright, serious anxiety, wounded feelings, moral shock, social
courts; humiliation, which are the basis of moral damages.
c. The discretion in granting such award is governed by
reason and justice; XPN:
d. Although incapable of pecuniary estimation, the amount
of moral damages must somehow be proportional to and a. If the corporation is basing its claims on sufferance or
in approximation of the suffering inflicted; besmirched reputation. If a corporation has a good
e. Factors to consider: the professional, social, political and reputation recognized by the public, and that reputation is
financial standing of the offended parties on one hand and wrongfully defamed resulting in damage to its standing as
the business and financial position of the other. such, it will be entitled to moral damages on ground of
sufferance or besmirched reputation.
Q: What are examples of analogous cases? b. Under, Article 2179 (7)—Moral damages may be
recovered in libel, slander or any other form of
A: defamation.
1. Institution of unfounded suits, one after the other; NOTE: Civil action for libel shall be instituted and
prosecuted for final judgment and proved by
preponderance of evidence separately from and entirely by tort.
independent of the institution, pendency or result of the Crime or In culpa criminal, moral damages could be lawfully
criminal action. felony due when the accused is found guilty of physical
injuries, lascivious acts, adultery or concubinage,
Q: May a corporation be granted actual, compensatory, temperate, illegal or arbitrary detention, illegal arrest, illegal
liquidated or exemplary? search, or defamation. Malicious prosecution can also
give rise to a claim for moral damages.
A: Yes because although an artificial person, it may suffer such kind Analogous The term “analogous cases,” referred to in Article
of damages. These forms of damages are not mental feelings and do cases 2219, following the ejusdem generis rule, must be
not require a central nervous system to suffer them. held similar to those expressly enumerated by the
law.
If any of the above is granted, nominal damages cannot be granted Controlling Articles 2217-2220 are the controlling provisions on
anymore because the grant thereof is already a recognition of the provisions moral damages. Being specific provisions, they prevail
right of the corporation which is already a recognition of the right of over general provisions on moral damages like Article
the corporation which is the purpose of awarding nominal damages. 117021 which merely sets forth a general principle on
damages.
Summary of rules for the award of moral damages
(De Leon, 2012) ARTICLE 2220
Nature Moral damages are not punitive in nature but are Willful injury to property
and designed to compensate and alleviate in some way
purpose the physical suffering, mental anguish, fright, serious Willful injury to the property of another entitles the latter to an
anxiety, besmirched reputation, wounded feelings, award of damages.
moral shock, social humiliation, and similar injury
unjustly caused to a person. Q: Give instances of willful injury to property.
Amount Although incapable of pecuniary computation, moral
damages, nevertheless, must somehow be A:
proportional to and in approximation of the suffering
inflicted. 1. Malicious mischiefs under Art. 327-331
Proximate Such damages, to be recoverable, must be the 2. Arsons under Art. 320-321
result proximate result of a wrongful act or omission the
factual basis for which is satisfactorily established by NOTE:
the aggrieved party.
conditions a. There must be an injury, whether physical, GR: The civil aspects of these crimes are deemed instituted with
mental or psychological, clearly sustained by the criminal actions unless reservation
claimant;
b. There must be a culpable act or omission XPNs:
factually established;
c. The wrongful act or omission of the defendant is 1. Reservation is made to prosecute them independently of
the proximate cause of the injury sustained by the criminal actions
the claimant; and 2. Civil action is filed ahead of the criminal actions
d. The award of damages is predicated on any of
the cases stated in Article 2219. Q: What are the independent civil actions exempted from the
requirement of reservation?
Breach of Under the provisions of Article 2220, in culpa
contract contractual or breach of contract, moral damages A: Those under Articles 32, 33, 34, and 2176 of the Civil Code.
may be recovered when the defendant acted in bad
faith or was guilty of gross negligence (amounting to Breach of contract
bad faith) or in wanton disregard of his contractual
obligation and, exceptionally, when the act of breach Q: Is breach of contract entitled to moral damages?
of contract itself is constitutive of tort resulting in
physical injuries. A:
By special rule in Article 1764 in relation to Article GR: Breaches of contract do not justify moral damages
2206, moral damages may also be awarded in case the
death of a passenger results from a breach of contract XPN: Unless it is proved that the defendant has acted fraudulently or
of carriage. in bad faith
Quasi- In culpa aquiliana, or quasi-delict,
delict NOTE: Moral damages may be awarded in culpa contractual or
(a) when an act or omission causes physical injuries, or breach of contract when the defendant acted fraudulently or in bad
(b) where the defendant is guilty of intentional tort, faith or is guilty of gross negligence amounting to bad faith or
moral damages may aptly be recovered. This rule also wanton disregard of his contractual obligations.
applies, as aforestated, to contracts when breached
Bad faith or malice defined
A:
Q: What is “bad faith”?
1. Rape
A: It implies a conscious or intentional design to do a wrongful act 2. Seduction
for a dishonest purpose or moral obliquity. 3. Acts of lasciviousness (De Leon, 2012)
Bad faith includes gross but not simple negligence. NOTE: The indemnity in the form of moral damages to a rape victim
has been increased to P50,000 without need of proof of moral
Illustrations: suffering (De Leon, 2012).
1. If the breach is not malicious or fraudulent, no moral Q: When is a breach of promise to marry actionable?
damages may be awarded
2. Carrascoso is a first-class passenger of Air France. He was A: When the defendant walked out of the wedding after it has been
transferred to a tourist class from his first class seat. There formally set and going through all the necessary preparations and
was a gross violation of his contract with Air France. He publicity (De Leon, 2012).
was awarded moral and exemplary damages plus
attorney’s fees. Q: In culpa contractual cases or breach of contract, when is moral
3. For gross negligence, banks are liable for damages to their damages recoverable?
client-depositors like for the unwarranted dishonor of
checks A: Only if the defendant has acted fraudulently or in bad faith, or is
4. In awarding moral damages for breach of contract of found of guilty of gross negligence amounting to bad faith, or in
carriage, the breach must be wanton and deliberately wanton disregard of his contractual obligations.
injurious or the one responsible acted fraudulently or with
bad faith NOTE: The fundamental principle of the law on damages is that one
5. Such cold refusal to pay a just debt amounts to breach of injured by breach of contract or by a wrongful or negligent act or
contract in bad faith (De Leon, 2012) omission shall have a fair and joint compensation, commensurate
6. Mere violation of a contract or a mere refusal to accept with the loss sustained as a consequence of the defendant’s acts.
the repurchase price in a pacto de retro sale does not
entitle a contracting party to demand moral damages (De Q: Is the mere failure of the airline company to deliver the luggage
Leon, 2012) of a passenger at the designated time and place ipso facto amount
7. The mere carelessness of the carrier’s employee does not to willful misconduct?
per se constitute or justify an inference of malice or bad
faith on the part of the carrier (De Leon, 2012) A: No. There must be a showing that the acts complained of were
8. Where the victim sustained nearly fatal wounds for which impelled by an intention to violate the law or were in persistent
he was treated for 18 days at a hospital for such fact disregard of one’s rights (De Leon, 2012)
constituted trauma of physical, physiological or moral
sufferings on which the award of moral damages could be Damages in sexual harassment
based without need for pleading or proof of the basis
thereof as it is too obvious to still require the victim to An employer is liable to pay moral damages to an employee
recount the same (De Leon, 2012). subjected to sexual harassment, for the anxiety, the seen and
9. Moral damages can be granted when a married man unseen hurt that she suffered.
through his acts of intimidation and promise of marriage,
head repeated carnal knowledge with her servant, a 15- Damages in common crimes
year old virgin (De Leon, 2012).
10. The defendant should not be made liable for moral Q: Is the grant of moral damages in common crimes automatic?
damages arising from libelous remarks in the pleadings
where they are relevant and pertinent to the case A: No, the grant of moral damages in common crimes like robbery, is
not automatic unlike in rape cases.
NOTE: In estimating general damages for libel, injury to
feelings and reputation, the publicity given to the libel, the Q: Is the electric company liable for damages for disconnection of
extent it tends to expose the plaintiff’s reputation to electricity without prior notice?
public hatred contempt and ridicule, the social and
business standing of the plaintiff and whether the A: Yes, such constitutes breach of contract amounting to an
particular method of publication adds to the natural independent tort. The prematurity of the action is indicative of an
effects thereof and thereby increases plaintiff’s mental intent to cause additional mental suffering to private respondent.
suffering (De Leon, 2012).
Q: Is default in the payment of bills a valid ground for petitioner to
11. The gross negligence of the City of Tagaytay in levying real defeat or nullify the claim for damages?
property taxes and auctioning property outside its
territorial jurisdiction without making any verification as to A: No under the doctrine that “he who comes to court in demand of
its location amounts to bad faith (De Leon, 2012). equity must come with clean hands. At most, this circumstance can
be considered as a mitigating factor in ascertaining the amount of
Q: In what crimes is the award of moral damages available? damages which is entitled.

INSIGNIFICANT DAMAGES SMALL DAMAGES
Q: What are the factors to be considered in assessing moral Any award which is not of any Not substantial (De Leon, 2012)
damages? significant amount but is given
primarily as a court’s recognition
A: of the justness of rightness of a
claim
1. Professional Although small, they may be
2. Social substantial in the sense that a
3. Political sum may be allowed to the
4. Financial standing of the offended parties injured party sufficient to
5. Business and financial position of the offender compensate him for all the
damages actually sustained
Malicious Prosecution
Q: Is assessment of nominal damages mandatory to the court?
Q: What is malicious prosecution?
A: No, it is only discretionary to the court in accordance with the
A: It refers to the unfounded criminal actions. It includes the circumstances of each case.
unfounded civil suits instituted to vex and humiliate the defendant
despite the absence of a cause of action or probable cause (De Leon, NOTE: The court may award nominal damages in every case where
2012). any property right has been invaded.
GR: While a clearly unfounded civil suit can at time be a legal Q: May nominal and exemplary damages co-exist?
justification for an award of attorney’s fees, such filing is not a
ground for an award of moral damages. The rationale for the rule is A: No. Where the court has already awarded compensatory and
that the law could not have intended to impose a penalty on the exemplary damages that is already a juridical recognition that
right to litigate. If the rule were otherwise, then moral damages plaintiff’s right was violated. Hence, the award of nominal damages
must in every case be awarded in favor of the prevailing defendant is unnecessary and improper.
against an unsuccessful plaintiff (De Leon, 2012).
Q: What are the other damages which may not co-exist with
nominal damages?
ARTICLE 2221 A:
Section 2
NOMINAL DAMAGES 1. Actual
2. Moral
NOTE: Before the New Civil Code, nominal damages were not 3. Temperate
recognized. 4. Moderate damages
Q: What are “nominal damages”? Q: Are nominal damages compatible with attorney’s fees?
A: It applies when there is only a technical violation of the plaintiff’s A: Yes.

rights resulting in no substantial injury to him.
NOTE: If no damages have actually occurred there can be none to
repair and the doctrine of nominal damages is not applicable. Q: What are the factors to be considered in the award of nominal
damages in labor cases?
Purpose and Nature
A:
Q: What is the nature of nominal damages?
1. Authorized cause invoked
A: It is granted not for indemnification of loss but for vindication of a 2. The number of employees to be awarded
right violated. It is adjudicated not for the purpose of indemnifying 3. The capacity of the employer’s to satisfy the awards, taken
respondents for any loss suffered, but for vindicating or recognizing into account their prevailing financial status as borne by
their right to a property that has been violated or invaded. the records
4. The employer’s grant of other termination benefits in
NOTE: The law infers some damage from the breach of an favor of the employees
agreement or invasion of a right, and if no evidence is given of any 5. Whether there was a bona fide attempt to comply with
particular amount of loss, it declares the right by awarding nominal the notice requirements as opposed to giving no notice at
damages (De Leon, 2012). all
Q: Distinguish insignificant from small damages. Illustrations:
A:
1. Where the dismissal is for an authorized cause, the lack of considering the concept and principle of such damages (De
statutory due process should not nullify the dismissal. Leon, 2012).
However, the employer should indemnify the employee in
the form of nominal damages Illustrations:
2. Where the dismissal of the employee from the service is
due to dishonesty or a just cause but due process was not 1. Where the counsel was negligent in not depositing on time
observed as no hearing was conducted despite her the appeal bond and filing a record on appeal
request, the employer should be held liable for indemnity 2. Where the counsel failed to remit on time the docket fee
in the form of nominal damages. 3. Employees of the SSS attempted to foreclose mistakenly
the mortgage of the borrower who was not delinquent at
ARTICLE 2222 all
4. Where the petitioner for a fee undertook to send private
Q: What are the sources of nominal damages? respondent 2 telegraphic money orders, and it was only
after 2 months from transmittal that the respondent was
A: It includes all the 5 sources of obligation: able to receive the money
5. Where the vendees of property refused to pay the
1. Law remaining balance of the purchase price despite repeated
2. Contract demands, even after they had sold the same to third
3. Quasi-contract parties (De Leon, 2012)
4. Delict
5. Quasi-delict ARTICLE 2223
Effect of adjudication of nominal damages
NOTE: To warrant recovery of nominal damages, there must be an
unlawful violation of a legal right (De Leon, 2012). Res judicata
Q: Are nominal damages available in breach of contract? Q: Explain the concept of res judicata.
A: If no actual or substantial damage resulted from the breach or no A: After the final adjudication of nominal damages by the court,
damage has been shown there shall be no further contests upon the right involved as well as
all accessory questions as between the parties or their respective
Examples: heirs or assigns.
1. Actual damage is uncertain or not susceptible of proof

2. Damages are too remote, conjectural, and speculative to
form the basis of a legal recovery ARTICLE 2224
3. Because of indefiniteness in terms of the contract Section 3
TEMPERATE OR MODERATE DAMAGES
Q: Are nominal damages recoverable from invasion of property?
Q: Explain the concept of temperate or moderate damages.
A: Yes although no substantial damages resulted or are proved.
A: These are damages the amount of which is left to the sound
Q: Does the award of nominal damages run against the maxim de discretion of the court, but is necessary there be some injury or
minimio non curat lex (the law does not cure or brother with pecuniary loss established, the exact amount of which could not be
trifles)? determined by the plaintiff by reason of the nature of the case.
A: No. Q: What is the rationale behind the award of temperate damages?
Damages in name only; symbolic award A: From the nature of the case, definite proof of pecuniary loss
cannot be offered. When the court has been convinced that there
NOTE: Nominal damages are in name only and not in fact. has been such loss, the judge is empowered to calculate moderate
damages, rather than let the complainant suffer without redress
The purposes of nominal damages are: from the defendant’s wrongful act.
1. To vindicate rights of plaintiff- nominal damages are Damages for loss of goodwill or reputation
damages in name only and not in fact, and are allowed,
not as an equivalent of a wrong inflicted, but simply in An award of damages for loss of goodwill, or reputation falls under
recognition of the existence of a technical injury actual or compensatory damages. Even if it is not recoverable as
2. To recognize existence of technical injury- nominal compensatory damages, it may still be awarded in the concept of
damages are symbolic award given to the plaintiff when temperate or moderate damages.
liability of the defendant is established but the amount of
the harm done is not measurable or even demonstrable. Requisites
The amount to be awarded must be at least
commensurate to the injury sustained by the plaintiff Q: What are the requisites to justify the award of temperate
damages?
A: XPN: In Ramos v. CA, an illustrative case in medical negligence, the

SC sustained the award of both actual and temperate damages to
1. Some pecuniary loss had been suffered the petitioner and his wife who was rendered comatose after an
2. Its exact amount cannot from the nature of the case be operation. She suffered brain damage, needing constant medical
proved with certainty attention in their residence after her discharge from the hospital.
Illustrative cases: Temperate damages can and should be awarded on top of the actual
or compensatory damages in instances where the injury is chronic
1. A passenger was injured due to an accident caused by the and continuing. And because of the unique nature of such cases, no
faulty equipment of the carrier. incompatibility arises when both actual and temperate damages are
2. The bank mistakenly dishonored one of the plaintiff’s provided for. The reason is that these damages cover 2 distinct
check phases (De Leon, 2012).
3. Temperate damages in lieu of actual damages
4. While the failure to deliver the respondent’s passport does
not per se amount to willful misconduct or bad faith, the
evidence on record shows that the petitioner indeed acted ARTICLE 2226
with bad faith and in wanton disregard of their contractual Section 4
obligation to the respondent LIQUIDATED DAMAGES
ARTICLE 225 Q: What are “liquidated damages”?
Q: When are temperate damages reasonable? A: They are fixed damages previously agreed by the parties to the
contract and payable to the innocent party in case of breach of the
A: It will depend on the circumstances of each particular case. In the other. They are those agreed upon by the parties to a contract.
determination thereof, the court must use its sound discretion.
Whims and caprices should never be the swaying factors but honest- Common law concept: a sum of money stipulated by the parties at
to-goodness estimation based on sound discretion. the time of entering into a contract as being payable as
compensation for injuries in the event of breach (De Leon, 2012)
It can only be rcovered when the court is convinced that some
pecuniary loss has been suffered by the aggrieved party but its Q: What is the purpose of permitting a stipulation for damages?
amount, cannot, from the nature of the case be proved with
certainty in terms of money (De Leon, 2012). A: To render certain and definite that which appears to be uncertain
and not easily susceptible of proof (De Leon, 2012).
Q: Can temperate damages be recovered even if the pecuniary loss
could theoretically have been proved with certainty? Q: What is the effect of a void contract?
A: Yes. Under Republic vs. Tuvera, there are cases when the award A: Then, there is no contract that could be breached—the nullity of
of temperate damages is allowed even in cases where the amount of the principal obligation carries with it the nullity of the accessory
pecuniary loss could have been proven with certainty obligation of liquidated damages.
notwithstanding the language of Article 2224 (De Leon, 2012).
Q: Distinguish penalty from liquidated damages.
NOTE: Temperate damages should be one-half of the indemnity for
death. A:
Reasonableness under the circumstances PENALTY LIQUIDATED DAMAGES

A sum inserted in a contract, not They are fixed damages
The fact of loss having been established, they may be awarded a measure of compensation for previously agreed by the parties
temperate damages in lieu of actual damages for loss of earning its breach, but rather as a to the contract and payable to
capacity which was not substantiated by the required documentary punishment for default, or by the innocent party in case of
proof (De Leon, 2012). way of security for actual breach of the other. They are
damages which may be those agreed upon by the
Award of actual and temperate damages sustained by reason of non- parties to a contract.
performance
Q: May actual and temperate damages be awarded at the same Involves the idea of punishment Cannot be awarded in case the
time? parties did not agree on that
kind
A:
An agreement to pay a
stipulated sum on breach of
GR: Temperate damages may be awarded in lieu of actual damages
contract, irrespective of the
when the court finds that some pecuniary loss has been suffered but
damages sustained
its amount cannot be proved with certainty. The SC ruled that both
The essence of penalty is a The essence of liquidated
may not be awarded at the same time because they are mutually
payment of money stipulated as damages is a genuine
exclusive.
a deterrent to the offending covenanted pre-estimated
party (De Leon, 2012) damages. The amount is fixed NOTE: Attorney’s fees provided in contracts are recoverable against
and is not subject to changes the other party as damages are in the nature of liquidated damages
The injured party need not prove his damages in order that the sum and the stipulation is aptly called a penal clause.
stipulated may be demanded (De Leon, 2012)
ARTICLE 2228
Q: What is the similarity between a penalty in a contract and
liquidated damages? When stipulation may be disregarded
A: Insofar as legal results are concerned, they are the same. When the breach or violation of the contract is not one
contemplated by the parties, the determination of damages shall
Others: not be based on the stipulation but on the law.
1. The injured party need not prove actual damages because ARTICLE 2229
the parties had already agreed on the amount of damages Section 5
to be paid in case of breach of the contract EXEMPLARY OR CORRECTIVE DAMAGES
2. It is necessary that there be a contract and the violation of
which gives rise to the liquidated damages or penalty Q: What are “punitive or vindicative damages”?
NOTE: The courts are empowered to reduce the penalty if it is A: They are intended to serve as a deterrent to serious wrongdoings
iniquitous or unconscionable. and as a vindication of undue sufferings and wanton invasion of the
rights of an injured or a punishment for those guilty of outrageous
Determining character of stipulated sum conduct.
LIQUIDATED DAMAGES NOTE: The Code Commission used “corrective” instead of “punitive”
A stipulated sum is for liquidated damages only: in harmony with the modern theory of penology (De Leon, 2012).
1. Where the damages which the parties might reasonably
anticipate are difficult to ascertain because of their Q: What is the rationale behind it?
indefiniteness or uncertainty
2. Where the amount stipulated is either a reasonable A: They are required by public policy, for wanton acts must be
estimate of the damages which would probably be caused suppressed. They are an antidote so that the poison of wickedness
by a breach or is reasonably proportionate to the damages may not run through the body. They serve as deterrent to serious
which actually have been caused by the breach wrongdoings.
PENALTY
A stipulated sum is a penalty: They are not imposed to enrich one party or impoverish another but
1. Where it is evident that the sum was fixed to evade usury to serve as a deterrent against or as a negative incentive to curb
laws, or any other statute or to cloak oppression socially deleterious actions.
2. Where the defaulting party is rendered liable for the same
amount whether the breach is total or partial. Q: What is the nature of exemplary damages?
3. Where the contract provides for the payment of a fine in
addition to the amount of any damage caused by a breach A: They are mere accessories to other forms of damages except
PARTLY LIQUIDATED DAMAGES AND PARTLY PENALTY nominal damages. They are mere additions to actual, moral,
A stipulation in a contract to forfeit a certain sum for a breach of its temperate, and liquidated damages which may or may not be
terms cannot be separated, and a part discarded as penalty, and the granted at all depending upon the necessity of setting an example
for the good of the public as a form of deterrent to the repetition of
remainder treated as liquidated damages(De Leon, 2012).
the same act by any one.
ARTICLE 2227
They are considered as corrective measure when the guilty party has
acted in a want way.
Equitable reduction
Thus, it is a sine qua non for its grant to prove that he is entitled to:
If the amount fixed as liquidated damages is iniquitous or
a. Moral
unconscionable, the court may reduce it to a reasonable level.
b. Temperate
c. Compensatory or actual damages
Effect of partial performance
Conditions for the award of exemplary damages
Q: What is the effect of partial performance?
Q: What are the conditions for the award of exemplary damages?
A: The total amount of the liquidated damages agreed upon cannot
be enforced. Liquidated damages are presumed to be only for a total
A:
breach of the contract. Hence, there can be a corresponding
reduction of the liquidated damages.
1. They may be imposed by way of public example or
correction only in addition to compensatory, moral,
Attorney’s fees in the nature of liquidated damages

temperate, or liquidated damages, and only after the Q: Is it usual that the award of moral and exemplary damages be in
claimant’s right to them has been established an aggregate amount?
2. They cannot be recovered as a matter of right, their
determination depending upon the amount of A: No. The court should indicate what amount constitutes moral
compensatory damages that may be awarded to the damages and exemplary damages (De Leon, 2012).
claimant
3. The act must be accompanied by bad faith or done in Illustrations
wanton, fraudulent or oppressive manner (De Leon, 2012)
1. Where the petitioner, head of a government college,
Q: Is the actual driver of the vehicle who caused the injuries liable through neglect of duty and moral callousness, did not
to exemplary damages? award a school honor
2. Where the defendants forced the plaintiffs to incur
A: Yes, not the owner of the vehicle. expenses in several litigations in spite of the fact that the
defendants have known the justness of the plaintiff’s
Q: When can the employer be liable for exemplary damages? claims.
3. Air France and Carroscoso (De Leon, 2012)
A:
In the cases below, exemplary damages are not allowed:
GR: No.
1. Where NAWASA acted in good faith in taking over the
XPNs: waterworks in question because it assumed that RA 1383
is constitutional
1. Only when he participated in the doing of such wrongful 2. Where the actual driver was held liable for exemplary
act or damages, not the owner
2. When he has previously authorized 3. When an insurance company in contesting payment of an
3. Subsequently ratified the act with full knowledge of the insurance claim, did not act in a wanton, oppressive or
acts malevolent manner
4. Where the plaintiff was mistaken in instituting the
Q: Can the agency of the State be subjected to temperate and complaint against the wrong party (De Leon, 2012).
exemplary damages?
ARTICLE 2230
A: Yes.
Q: When are exemplary damages imposable in criminal cases?
Q: Is the unjustified refusal to grant academic honors valid to
warrant grant of exemplary damages? A: It can only be awarded if there is an aggravating circumstance.
The aggravating circumstances, whether ordinary or qualifying
A: should entitle the offended party to an award of exemplary
damages.
GR: Grant of academic honors is part of the academic freedom
which will not be disturbed MINORITY VIEW: Recovery of exemplary damages for an injury
received in consequence of an act punishable under the criminal law
XPN: Grave abuse of discretion in its exercise. is denied. The reason for this is that the defendant might otherwise
be twice punished for the same offense (De Leon, 2012).
Q: What are the instances where exemplary damages may be
imposed as accessory damages? Q: What is an aggravating circumstance?
A: Exemplary damages may be recovered as a matter of right in the A: It is one which when present in the commission of the crime
following cases: would increase the period of the penalty within the range imposable
under the law.
1. Criminal offense-when the crime was committed with one
or more aggravating circumstances The employer cannot be liable more than the employee
2. Quasi-delicts-when the defendant acted with gross
negligence Considering that no exemplary damages were imposed on the
3. Contracts and qausi-contracts-when the defendant acted driver, the master, as person subsidiarily liable, cannot incur greater
in wanton, fraudulent, reckless or oppressive and civil liability than his convicted employee.
malevolent manner
NOTE: The term “aggravating circumstances” must be understood in
Way of awarding moral and exemplary damages the broad sense.
NOTE: While the award of moral and exemplary damages is Alleging and proving aggravating circumstance
discretionary upon the courts, the amount thereof must be
reasonable and justified (De Leon, 2012). Q: Is it necessary that the aggravating circumstance be alleged in
the information to justify a grant of exemplary damages?

A: Some decisions provide no. Aggravating circumstances, even if
not alleged in the information, can be considered as a basis for an A: In crimes and quasi-delicts, the defendant shall be liable for all
award of exemplary damages. Notwithstanding the failure to allege damages, which are the natural and probable consequences of the
the aggravating circumstances, the proven presence thereof is still act or omission complained of.
material in the determination of exemplary damages to be awarded
to the complainant. NOTE: Even if there is gross negligence, the grant is not automatic. It
is still subject to the discretion of the court.
Even if the aggravating circumstances which have not been alleged
in the information cannot be appreciated for the purpose of fixing a GR: Exemplary damages are recoverable in all actions for damages
heavier penalty, they can, however, be considered as bases for an based upon tortuous acts which involve circumstances or ingredient
award of exemplary damages. Evidence proving these circumstances of malice, fraud, insult, gross negligence, or wanton and reckless
forms part of the actual commission of the crime and justifies an disregard of the right of the P (De Leon, 2012).
award of exemplary damages even when the said aggravating
circumstances were not alleged in the information. Q: What is gross negligence?
Allegation and proof now required for award under Art.2230 A: It is the utter want or absence of care of or failure to exercise
seven sight care as to raise presumption that the person at fault
NOTE: Because of A.M. No. 00-5-03-SC (2000), courts could no must have been conscious of the probable consequences of his
longer consider the aggravating circumstances not alleged and carelessness and that he must have nevertheless been indifferent to
proven, in the determination of the penalty and in the award of the danger of injury to the person or property of others without
exemplary damages. Thus, even if the aggravating circumstance has exerting any effort to avoid them (De Leon, 2012).
been proven but was not alleged, courts will not award exemplary
damages (De Leon, 2012). This rule has no retroactive application. Gross negligence must be shown to entitle the P to an award of
exemplary damages (De Leon, 2012).
Q: When can exemplary damages?
ARTICLE 2232
A:
Q: What can justify the award of exemplary damages in contracts
1. In the presence of aggravating circumstances (Art. 2230) and quasi-contracts?
2. The circumstance show highly reprehensible and
outrageous conduct of the offender (Art. 2229) (De Leon, A: It is essential that the defendant must have acted in a wanton,
2012) fraudulent, reckless, oppressive, or malevolent manner.
Generic aggravating circumstance must be alleged NOTE:
The generic aggravating circumstance, although proven by the a. Exemplary damages are imposed by way of example or
prosecution and admitted by the accused, cannot justify the award correction for the public good in addition to moral,
of exemplary damages if this act was not alleged in the information. temperate, liquidated, or compensatory damages.
b. Moral damages may be awarded in culpa contractual or
Q: Are fines the same as exemplary damages? breach of contract when the defendant acted fraudulently
or in bad faith
A: No. These fines are separate and distinct from exemplary
damages. The fines are payable to the State but the exemplary Bad faith
damages to the injured party.
Q: What is bad faith?
Subsidiary liability of employer
A: It does not simply connote bad judgment or negligence, it imports
Q: The general rule is that where the case has been predicated a dishonest purpose or some moral obliquity and conscious doing of
upon a judgment of conviction of a driver who was made civilly a wrong, a breach of a known duty through some motive or interest
liable, but no exemplary damages were imposed, it would be or ill-will that partakes the nature of fraud.
improper to award exemplary damages against the employer in
the subsequent case. What is the rationale behind it? Fraudulent If the act is tainted with deception or injurious
misrepresentation which plaintiff is unaware
A: The employer, as a person subsidiarily liable, cannot incur greater Oppressive If it is arbitrary or compulsive
civil liability than his convicted employee any more than a guarantor Malevolent If it is done in bad faith
can be held responsible for more than the principle debtor (De Leon,
2012). GR: Damages for breach of contract are limited to the pecuniary loss
sustained. Thus, exemplary damages are not recoverable in actions
ARTICLE 2231 for breach of contract.
In quasi-delicts, gross negligence must be shown on the part of the XPN:

defendant to justify grant of exemplary damages to plaintiff.
Q: Discuss the rule in case of exemplary damages.

1. Where the breach of contract amounts to an independent,
willful tort—upon proper allegation of BF, malice, NOTE: Even if not alleged, if the aforementioned damages have
wantonness, or oppression; been established, exemplary damages may be granted.
In action against a bank for refusal to pay a customer’s Q: What are the conditions for the grant of exemplary damages?
check where it has in its hands funds of the customer to
meet it; or even the same has not been attended with A:
malice or bad faith in handling the funds of its depositors.
1. They may be imposed by way of example in addition to
RATIO: As a business affected with business interest, compensatory damages and only after the claimant’s right
highest standards of integrity and performance are to them has been established
required of banks and where they fail in that regard, 2. That they cannot be recovered as a matter of right, their
award of moral damages may be awarded. determination depending upon the amount of
2. For breach of an obligation not arising from a contract compensatory damages that may be awarded to the
where the injured party elects to waive the contract and claimant
recover in tort; 3. The act must be accompanied by bad faith or done in a
3. Illegal dismissal done in a wanton, oppressive, or wanton, fraudulent or oppressive and malevolent manner
malevolent manner (De Leon, 2012).
Amount of exemplary damages need not be alleged or proved
ARTICLE 2223
Q: What will determine the amount of exemplary damages?
Grant of exemplary damages is discretionary
A: The amount of exemplary damages which the aggrieved party
Q: Is the grant of exemplary damages a matter of right? seeks from the opposite party need not be proved. The amount
depends upon the sound discretion of the court when the other
A: No. They are merely additional to the other forms of damages forms of damages have been established except only nominal
(except nominal damages) which the court may or may not grant. If damages. Its amount depends upon the amount of compensatory
there is a need to set an example for the public good, the court may damages that may be awarded to the claimant. Also, the amount of
grant the same. exemplary damages which the aggrieved party seeks from the
opposite party need not be alleged for the same cannot be
Q: Do exemplary damages have to be proven? predetermined.
A: No. Proof of a. Amount of e.d need not be proved tp be

amount entitled thereto but the P must show
Exemplary damages are not recoverable as a matter of right. it is that he is entitled to moral, temperate,
subject to the discretion of the court. or compensatory damages;
b. Where liquidated damages have been
Q: When are exemplary damages not recoverable? agreed upon, P must show that he would
be entitled also to such damages were it
A: not for the stipulation for liquidated
damages.
1. Where the victim or P is guilty of contributory negligence; Allegation of Amount of e.d. need not be alleged also. It is
2. Claimant was not entitled to moral damages; amount merely incidental or dependent upon what the
3. D acted in good faith. court may award as compensatory damages. The
same cannot be predetermined.
Exemplary damages can be recovered where there is an abuse of Determination Their determination is subject to the discretion of
public position or wanton refusal to pay a just and valid debt or a of amount the court. The amount thereof need not be
mistake in the transmission of telegraph or the circumstances show proved, because its determination depends on the
the highly comprehensible or outrageous conduct of the offender amount of compensatory damages that may be
(De Leon, 2012). awarded to the claimant (De Leon, 2012).
The appellate court may reduce or increase the amount of Public officials
exemplary damages granted by the lower court (De Leon, 2012).
Public officials ought to act with the highest decree of excellence,
ARTICLE 2234 professionalism, intelligence, and skill and for failure to act as such,
a public official may thus be held liable, in his personal capacity, for
Grant of exemplary damages exemplary damages.
NOTE: Since exemplary damages are mere accessory damages, the ARTICLE 2235
victim must prove that he is entitled to:
Q: Is future renunciation of exemplary damages valid?
1. Actual or compensatory damages
2. Moral damages A: No. An agreement whereby exemplary damages are waived or
3. Temperate damages renounced in advance is null and void. Impliedly, exemplary
damages already determined and granted by the court in a final
judgment may be renounced by the winning party to a case.
Q: Why is the waiver null and void?
A: It is contrary to public policy. To rule otherwise will be to

encourage the perpetration of fraud because the obligor knows that
even if he should commit fraud he would not be liable for it.

SUMMARY CHART
BASIS ACTUAL MORAL EXEMPLARY LIQUIDATED TEMPERATE NOMINAL INTERESTS ATTORNEY’S

DAMAGES DAMAGES DAMAGES DAMAGES OR DAMAGES AS PART OF FEES (EXTRA-
MODERATE DAMAGES ORDINARY)
DAMAGES
CRIMES OR Grantable Grantable Grantable if N/A Grantable if Grantable in Grantable Allowable
DELICT committed pecuniary trespass to
with loss has been dwelling
aggravating suffered but
circumstance from the
nature of the
case, cannot
be proved
with
certainty
QUASI- Grantable Grantable GR: Not N/A Grantable if Grantable Grantable Allowable
DELICT OR grantable pecuniary
CULPA loss has been
AQUILIANA XPN: Gross suffered but
negligence from the
nature of the
case, cannot
be proved
with
certainty
CONTRACTS Grantable GR: No GR: Not Grantable Grantable if Grantable May be Allowable as
grantable pecuniary stipulated a penalty
XPN: Breach loss has been
is fraudulent XPN: suffered but
or done in Defendant from the
bad faith acted in nature of the
wanton, case, cannot
fraudulent, be proved
reckless, with
oppressive or certainty
malevolent
manner
QUASI- Grantable N/A GR: Not N/A Grantable if Grantable Grantable Allowable
CONTRACTS grantable pecuniary when
loss has been acceptance
XPN: suffered but of undue
Defendant from the payment was
acted in nature of the in bad faith:
wanton, case, cannot solution
fraudulent, be proved indebiti
reckless, with
oppressive or certainty
malevolent
manner
DAMAGE TO Grantable Grantable Grantable: N/A N/A Grantable N/A Allowable
PROPERTY 1. if
necessary
for public
good
2. In addition
to other
damages
except
nominal
damages

HUMAN RELATIONS
GOOD FAITH BAD FAITH
Q: Discuss the concept of human relations. An honest intention to refrain Presupposes a dishonest
from taking undue advantage of purpose or some moral obliquity
A: They govern the rules needed to govern the interrelationships of another and conscious performance of a
human beings in a society for the purpose of maintaining social wrong
order. To balance the opposing or crisscrossing interests, there is a
need for regulation and control to secure a rightful relationship Q: When should he be protected?
between human beings and for the stability of the social order.
A: A person should be protected only when he acts in the legitimate
Article 19 exercise of his right, that is when he acts with prudence and good
“Principle of Abuse of Rights” faith, but not when he acts with negligence or abuse.
Q: What is the “Principle of Abuse of Rights”? Q: Is god faith essential to abuse of right?
A: It refers to acts performed which are not illegal but nevertheless A: Yes.
make the actor liable for damages, if in so acting or in exercising his
right, his purpose is to prejudice or injure another. NOTE: Good faith is always presumed but the court is given the
discretion to determine under the circumstance whether or nor
The Principle is a departure from the classical theory that he who there has been an abuse of right (De Leon, 2012).
uses a right injures no one. It prescribes that a person should not
use his right unjustly or in bad faith, otherwise he opens himself to Elements of Abuse of Rights
liability (De Leon, 2012).
Q: What are the elements of abuse of rights?
NOTE: Even if an act is not illegal—if there is an abuse of right such
as when the act was done without prejudice or good faith, the actor A:
is liable for the damages occasioned thereby.
1. There is a legal right or duty
Every abnormal exercise of a right, contrary to its socio-economic 2. Which is exercised in bad faith
purpose is an abuse that will give rise to liability. 3. For the sole intent of prejudicing or injuring another
When a right is exercised in bad faith for an illegitimate purpose or Q: What is the rationale behind the rule?
with the intention to injure another, and without any benefit to
himself, even when the act itself is not illicit there is an abuse of A: The exercise of a right ends when the right disappears, and it
right, giving rise to liability for damages. A right disappears the disappears when it is abused, especially to the prejudice of others.
moment it is abused. A person is protected only when he acts in the The mask of a right without the spirit of justice which gives it life, is
legitimate exercise of his rights—he acts with justice, give everyone repugnant to the modern concept of social law. It cannot be said
his due, and observes honesty and good faith but not when he acts that a person exercises a right when he unnecessary prejudices
with negligence or abuse (De Leon, 2012). another or offends morals or good customs.
Q: What is the purpose of the Article? Illustration
A: To expand the concept of torts by granting adequate legal 1. A judge who allowed the suspension of payment of rentals
remedy for the untold number of moral wrongs which is impossible without any legal ground violated Art. 19
for human foresight to provide specially in statutory law. 2. Interpolating into a telegram some additional and libelous
remarks makes the RCPI liable for damages
NOTE: The absence of good faith is essential to abuse of right. 3. A mortgagor violated Art. 19 when he did not give her title
to the GSIS so that the latter could register the mortgage
Article 19 is emended to expand the concept of torts by granting with the RD
adequate legal remedy for the untold number of moral wrongs 4. Issuance of “midnight appointments”
which is impossible for human foresight to provide specifically in 5. Violation of dealership agreement
statutory law (De Leon, 2012).
Q: What is good faith? Limitation on the Provisions on Human Relations
A: It is an honest intention to abstain from taking any Q: When do the provisions on human relations apply?
unconscientious advantage of another, even through forms or
technicalities of the law, together with an absence of all information A: They are merely guides for human conduct in the absence of
or belief of fact which would render the transaction specific legal provisions and definite contractual provisions.
unconscientious.
Damnum Absque Injuria (Damage without prejudice)
Q: Distinguish good faith from bad faith.
A:
NOTE: A person who only exercises his legal rights does no injury 4. Any abnormal exercise of right is an abuse that will give
(Que jure suo utitur nullum damnum facit). If damages result from rise to liability (De Leon, 2012).
such exercise of legal rights, it is damnum absque injuria.
Article 20
It cannot be said that a person exercises a right when he
unnecessarily prejudices another or offends morals or good customs Q: Discuss the coverage of the Article?
Article 19 is not a panacea for all human hurts and social A: The article is broad enough to cover all situations as well as all
grievances legal wrongs not constitutive of breach of contract. It covers torts
based on malice and torts based on negligence.
Norms of human conduct set as guides
It furnishes the general sanction for violations of other laws which
Standards in 1. Article 19 sets certain standards which do not specifically provide any sanction, penalty, or liability for such
the exercise may be observed not only in the exercise violation but nevertheless violates certain rudimentary rights of the
of rights and of one’s rights but also in the performance injured or aggrieved party (De Leon, 2012).
performance of one’s duties;
of duties 2. The law recognizes he limitation on all No right impaired, no basis for damages
rights.
Right There is an abuse of right when it is exercised solely NOTE: If someone be damaged by another, he does not necessarily
becoming a to injure or prejudice another. have the right to be indemnified. It is essential that some right of his
source of be impaired.
legal wrong
elements Q: What are the elements of abuse of rights Article 21
principle?
Q: What is the reason for the Article?
A:
A: Fully aware that there are countless gaps in statutes, which leave
1. Defendant has a legal right or duty; so many victims of moral wrongs helpless, even though they have
2. Right or duty is exercised or performed in actually suffered material and moral injury, the Code Commission
bad faith; and has deemed it necessary in the interest of justice to incorporate
3. Exercise or performance is for the sole Article 21 into the Civil Code.
purpose of prejudicing or injuring another;
and Q: What are the requisites for the recovery of damages?
4. Complainant was prejudiced or injured as
a result of said exercise or performance by A:
the defendant.
a. Damages are recoverable even though no positive law has
Q: What is bad faith? been violated but it is necessary that the act should have
been willfully done and more it is contrary to morals, good
A: It implies an intention to do ulterior and customs, or public policy.
unjustifiable harm. It connotes malice or bad b. The article presupposes injury, material or otherwise,
motive. which may suffer as a result of such violation.
c. The plaintiff must not be at fault, otherwise, he could not
Remedy for See Articles 20 and 21. recover.
violation of d. A person who in exercising his rights, does not act in an
rule of One who made use of his own legal right does no abusive manner is not deemed to have acted in manner
human injury, thus, whatever damages are caused to contrary to morals, mood customs, or public policy as to
conduct another should be borne solely by him (De Leon, violate the provisions of Art. 21.
2012).
Article 19 Article 21
Act is intentional
Q: What is the test for abuse of rights?
Article 20 Article 21
A: There is no hard and fast rule which can be applied to determine Act is done either willfully or Act is done willfully and is
whether or not the principle of abuse of rights may be invoked. negligently and is contrary to contrary to morals, good
law. customs or public policy
1. Modern jurisprudence does not permit acts which are anti- Act may be done either willfully Liability for damages may arise
social; or negligently. even from acts which do not
2. Where the objective is illegitimate, the illicit act cannot be constitute a violation of statute
concealed under the guise of exercising a right; law if such acts are contrary to
3. The exercise of a right must be in accordance with the morals, good customs or public
purpose for which it was established and must not be policy;
excessive or unduly harsh; there must be no intention to
injure another;
It is immaterial whether b. A woman who gave the man a sum of money because
damages are caused by positive the latter promised to marry her
act or omission as long as it is
willful; NOTE: In case of birth of a child, support is demandable
Presupposes losses or injuries
material or otherwise, which Q: May support be demanded in case of rape?
one may suffer as a result of
violation; A: If the rapist is a married man, he cannot be compelled to
REQUISITES: recognize the offspring of the crime as his child whether legitimate
or illegitimate. But he could be compelled to support the child.
1. An act which is legal;
2. Act is contrary to Article 22
morals;
3. Act was done willfully Q: What is the scope of this Article?
with intent to cause
loss or injury (De Leon, A: It compels the return of a thing acquired without just or legal
2012). ground De Leon, 2012).
Illustrations: Q: What is the rationale behind this?
1. A Filipino wife who left her husband and secured divorce A: It is most needful that this ancient principle be clearly and
abroad not recognized in the Philippines committed a specifically consecrated in the proposed Civil Code to the end that in
willful infliction of injury to the latter in a manner contrary cases not foreseen by the lawmakers, no one may unjustly benefit
to morals, good customs or public policy—for which she is himself to the prejudice of another.
liable for damages.
2. Where 6 tenants were purposely denied irrigation water No person should unjustly enrich himself at the expense of another,
which they need in their landholdings, and the denial is which has been one of the mainstays of every legal system for
intended to make them vacate the said landholding centuries. No man ought to be made rich out of another’s injury. As
3. A married man who employed an ingenious scheme to win when payments made when there is no duty to pay and the person
the love of the girl had caused injury to the girl’s parents, who receives the payment has no right to receive it (De Leon, 2012).
brothers and sisters for which he is liable for damages.
4. A man who did not appear in a wedding which was Principle of unjust enrichment
formally set with all the necessary preparations, publicity “Nemo cum alterius detriment locupletari potest” (No one shall
and invitation is liable for damages unjustly enrich himself at the expense of another)
5. A bank is liable for damages for unjustifiably dismissing a
bank managerial employee Q: What is enrichment?
6. The act of disconnecting a customer’s gas service without
prior notice constituted breach of contract amounting to A: It consists of every patrimonial, physical or moral advantage so
an independent tort. long as it is appreciable in money. It may also take the form of
avoidance of expenses and other indispensable deductions in the
Rule on Breach of promise to marry patrimony of a person as well as the prevention of loss or injury (De
Leon, 2012).
Q: Is breach of promise to marry actionable?
It is not enough to show that one party benefited from the efforts of
A: another. Yet, it cannot be validly invoked by a party who, through
his own act or omission, took the risk of being denied of payment for
GR: If a person promised to marry another, and the promise was additional costs and/or by not securing their written consent thereto
broken, no court can compel the promissor to marry the promissee. as required by law (De Leon, 2012).
The right to marry is a personal one and is not subject to juidicial
compulsion. The freedom of choice in finding a life partner is Q: Is enrichment with a legal ground also prohibited?
universally accepted and respected
A: No. Legitimate enrichment is never discouraged by law.
XPNs:
Q: Discuss the coverage of the provision.
1. Criminal or moral seduction (there must be deception,
enticement, superior power or abuse of confidence on the A:
part of the seducer to which a woman yielded)
2. Actual damages suffered (actual damages by reason of 1. Someone acquires or comes into possession of something
breach of promise to marry are recoverable) which means delivery or acquisition of things
2. Acquisition is undue and at the expense of another, which
Ex: means without any just or legal ground
a. A teacher who resigned her position because of the Q: Is rendition of services included?
man’s promise to marry her
A: No. If services were rendered by someone benefiting another, it
does not mean that the latter is exempted from indemnifying the NOTE: The injury to the P need not be the cause of the enrichment
former. The liability will lie on quasi-contract. of the D. it is enough that there be some relation between them,
that the enrichment of the D would not have been produced had it
NOTE: It must be without just or legal cause such that it would be not been for the fact from which the injury to the P is derived. If
unjust for the person to keep the benefit. One condition for invoing there is no connection whatsoever between the D’s enrichment and
the principle is that the aggrieved party has no other recourse based the P’s injury, the accion in rem verso does not lie (De Leon, 2012).
on contract, quasi-contract, crime, quasi-delict, or any other
provision of law (De Leon, 2012). Q: Is the article applicable when the property is acquired by virtue
of a final judgment?
Note that in solutio indebiti, it is essential that there be a mistake in
payment while this is not necessary in an action under Art. 22 (De A: No, since it cannot be said to have been acquired without just or
Leon, 2012). legal ground.
Action in rem verso Q: Is the government exempted from the principle of unjust
enrichment?
Q: What is action in rem verso?
A: No.
A: It is an action for the recovery of what has been paid without just
cause. Merger of the Principle of Unjust Enrichment and the Principle of
Quasi-contract
It is an action for recovery of what has been given or paid to another
without just or legal cause or under the circumstances that give rise Q: What are quasi-contracts?
to legal or equitable obligation to account for the benefits received
(De Leon, 2012). A: They are based on the principle that no person shall be unjustly
enriched at the expense of another.
Q: When can this action be availed of?
Q: What is the measure of indemnity under Art. 23?
A: Only when there is no other remedy to enforce it based on
contract, quasi-contract, crime, or quasi-delict. This action is only A: It is either the amount of loss suffered by the P or the amount of
subsidiarily. unjust enrichment obtained by the D, whichever is lower. The
recovery cannot be more than the amount of loss but may be less
Q: What is the nature of this liability? (De Leon, 2012).
A: It is merely an auxiliary action available only when there is no ARTICLE 23

other remedy (De Leon, 2012).
GR: A person is not liable for loss or damage produced by fortuitous
Q: Distinguish in rem verso from solution indebiti. event or accidental causes in the absence of fault or negligence on
his part.
A:
XPN: Art. 23
ACTION IN REM VERSO SOLUTIO IN DEBITI
It is not necessary that the Payment was made by mistake, RATIO: This is based on equity. The person benefited is liable only to
payment be made by mistake. which is an essential element to the extent of his enrichment.
Payment could have been made maintain the action for recovery
knowingly and voluntarily but Illustration: Without Bebeng’s knowledge, a flood drives his cattle to
there would be recovery of what he cultivated highland of Ayel. Bebeng’s cattle are saved, but Ayel’s
has been paid crop is destroyed. True, Bebeng was not at fault, but he was
benefited. It is right and equitable that he should indemnify Ayel.
Q: What are the requisites for its recovery?
ARTICLE 24
A:
Principle of gross ignorance of the law tempered by this article
1. That the defendant has been enriched—he has acquired or
come into possession of something; NOTE: The principle of gross ignorance of the law excuses no one
2. That the enrichment has been brought about through the from non-compliance therewith is a conclusive presumption of
act or performance of the P, D, or a third party, or any knowledge of the law. The presumption is unrealistic but it is
other means; necessary to prevent evasion of the law.
3. That the plaintiff or aggrieved party has suffered a loss—
the enrichment has been at his expense or damage; Doctrine of parens patriae (Father of his Country)
4. That the enrichment of the defendant is without just or
legal ground—no valid claims to the benefit received; and Q: Discuss the doctrine of parens patriae.
5. That the plaintiff has no other action or remedy based on
contract, quasi-contract, crime or quasi-delict.
A: It refers to the inherent power and authority of the state to 6. Right to social intercourse (De Leon, 2012).
provide protection of the person and property of a person non sui
juris. The State has the foreign power of guardianship over persons Right of privacy
under disability.
Q: Discuss the concept of right to privacy.
The State has the sovereign power to provide protection to rights
and property of persons who are non sui juris such as minors, insane A: It is the right to be alone; the right of a person to be free from
and incompetent persons. Thus, the State is considered as the unwarranted publicity; and the right to live without unwarranted
parens patria of such classes of persons who are incapable of interference by the public in matters with which the public is not
protecting themselves (De Leon, 2012). necessarily concerned.
Thus, courts may grant the termination or modification of a contract Invasion of privacy
entered into by an obligor afflicted with a special weakness, or
exempt him from the sanction imposed by law or extend him any Q: Discuss the concept of invasion of privacy.
relief, whenever through no fault of his, he needs judicial protection
(De Leon, 2012). A: The unwarranted appropriation or exploitation of one’s
personality, publicizing one’s private affairs with which the public
ARTICLE 25 has no legitimate concern, or wrongful intrusion into one’s private
Thoughtless extravagance in expenses activities, in such manner as to cause mental suffering, shame or
humiliation to person of ordinary sensibilities.
Right to property is not unlimited. Under the police power of the
state, courts may order that thoughtless extravagance in expenses Q: What are the 4 general classes of tort actions for invasion of
for pleasure or display be stopped during the period of acute public privacy?
want or emergency.
A:
The action to stop thoughtless extravagance in expenses may be
instituted at the instance of any government or private charitable Appropriation Consisting of appropriation, for the defendant’s
institution (De Leon, 2012). benefit or advantage, of the plaintiff’s name, or
likeness
ARTICLE 26 Intrusion Consisting of intrusion upon the plaintiff’s
solitude or seclusion, as by invading his home,
Article 26. Every person shall respect the dignity, personality, eavesdropping, as well as persistent and
privacy and peace of mind of his neighbors and other persons. The unwarranted phone calls
following and similar acts, though they may not constitute a Public Consisting of a cause of action in publicity of a
criminal offense, shall produce a cause of action for damages, disclosure of highly objectionable kind, given to private
prevention and other relief: private acts information about the plaintiff, even though It is
true and no action would lie for defamation
a. Prying into the privacy of another's residence; False light in the Consisting of publicity which places the plaintiff
b. Meddling with or disturbing the private life or family public eye in a false light in the public eye
relations of another;
c. Intriguing to cause another to be alienated from his Q: What is the rule when there is no more affection to alienate?
friends;
d. Vexing or humiliating another on account of his religious A: Then, no recovery of damages could be made.
beliefs, lowly station in life, place of birth, physical
defect, or other personal condition. Q: What is the rule in case of “unauthorized use of a picture”?
The article enumerates acts which could be the basis for an action A: It is an actionable wrong under Art. 26.
for damages. The enumeration is not limitative because the acts
mentioned are examples of acts violative of a person’s rights to Q: May moral damages be recovered for violation of Art. 26?
dignity, personality and privacy and peace of mind.
A: Yes.
Respect for human personality
ARTICLE 27
Q: What are the rights which if violated give rise to a cause of
action for damages, prosecution, and other reliefs? Q: State the reason behind this article.
A: A: To eliminate corruption in the government service. The law will

serve as a deterrent to public officials, and employees from delaying
1. Rights to personal dignity; or refusing to perform official duties on flimsy reasons or excuses.
2. Right to human personality which includes the right to
personal security; Q: What are the requisites for filing of action?
3. Right to privacy;
4. Right to peace of mind; A:
5. Right to family relations; and
1. Defendant is a public official or employee charged with the A: It consists of employing deception or any other means contrary to
performance of official duties; good faith by which a person shall pass off the goods manufactured
2. The public servant or employee refuses or neglects to by him or in which he deals, or his business, or services for those of
perform his official duty in favor of the P; the one having established goodwill, or committing any acts
3. There is no valid reason for the refusal or neglect to calculated to produce such result.
perform official duty
4. That injury or damage is suffered by the plaintiff—material NOTE: What is actionable under Art. 28, is not any competition but
or moral los, as a consequence of the D’s action. one that is unfair causing damage to another.
Q: Discuss the extent of the article. Q: What is the true test of unfair competition?
A: The law applies only to acts of nonfeasance which means non- A: Whether the goods have been intentionally clothed with an
performance of some acts which a person is obliged or has the appearance which is likely to deceive the ordinary care, and not
responsibility to perform; omission to perform a required duty at all whether a certain limited class of purchasers with special knowledge
or total neglect of duty not possessed by the ordinary purchaser could avoid mistake by the
exercise of this special knowledge.
Q: Distinguish non-feasance, misfeasance and malfeasance.
Q: What is the reason behind this article?
A:
A: Democracy becomes a veritable mockery if any person or group
NON- The omission of an act which a person ought to of persons by any unjust or high-handed method may deprive others
FEASANCE do; of a fair chance to engage in business or earn a living.
It is the refusal or neglect to perform an official ARTICLE 29

duty which the law requires him to do. It creates
a cause of action, not for the wrongful official Q: What is the kind of acquittal contemplated by the article?
action but for unjustifiable official in action.
Neither does it cover malfeasance or misfeasance A: The acquittal could be based either:
or to cases covered by Art. 20 and 21.
MISFEASANCE The improper doing of an act which a person 1. The guilt of the accused had not been proved beyond
might lawfully do reasonable doubt
MALFEASANCE The doing of an act which a person ought not to 2. The accused is not the author of the crime
do at all 3. The crime complained of did not exist
NOTE: For a public servant to be held liable under this Article, the What is contemplated here is an acquittal where the guilt of the
duty which he refused or failed to perform must be ministerial in accused had not been proven beyond reasonable doubt. Such kind
character, that is, the law absolutely requires him to perform it. of acquittal does not bar the filing of a civil action for damages
against the defendant for the same act or omission.
Q: What if the act is only discretionary?
Q: What is the acquittal which will bar civil action?
A: He may not be held liable for refusal or neglect to perform it,
unless he acted in a notoriously arbitrary manner or he acted A: Acquittal based on:
willfully, maliciously or with gross neglect.
1. The accused is not the author of the crime
Q: Is good faith a proper defense? 2. The crime complained of did not exist
3. Finding that in a final judgment in the criminal action that
A: No. The reason is that an officer is under constant obligation to the criminal action from which the civil liability my arise
discharge the duties of his office, and it is not necessary to show did not exist
that his failure to act was due to malice or willfulness.
Q: Does prescription of criminal action a bar to civil action?
Accordingly, the discharge of the duties of public office is
imperatively required by law although the absence of malice may be A: No, otherwise the injured party would be prejudiced.
considered in mitigation of the damages for which the D is liable (De
Leon, 2012). NOTE: The 2 liabilities are separate and distinct from each other:
The civil action for damages may be based on Art. 27 or on quasi- Criminal action Civil action
delict under Art. 2176, if it does not constitute a criminal offense; Affects social order Affects private rights
otherwise, under Art. 100 of the RPC (De Leon, 2012). Punishment or correction of the Reparation for damages suffered
offender by the aggrieve party (De Leon,
ARTICLE 28 2012)
Q: Discuss the concept of unfair competition. Declaration in judgment that acquittal is based on ground of
reasonable doubt

A person acquitted in a criminal case is not relieved from civil A: It is the avoidance of multiple suits between the same litigants
liability for the same act or omission, where the acquittal is based on arising out of the same act or omission of the offender.
the ground that the guilt of the accused has not been proved
beyond reasonable doubt. ARTICLE 30
RATIO: The acquittal is not due to the non-existence of the crime Q: Discuss the coverage of the article.
from which the liability might arise, but because the accused is not,
in the eyes of the court sufficiently proven as the perpetrator of the A: It does not cover independent civil actions. It speaks of
crime (De Leon, 2012). independent civil actions which are impliedly instituted in the
criminal action unless the offended party expressly reserves the
Article 29 refers to dependent civil actions and not to independent right to institute them separately. Contemplated by this Article is a
civil actions situation where no criminal case had been filed during the pendency
of the civil case. However, the action will be suspended if in the
Independent civil actions under Articles 32, 33, 34 and 2177 can be meantime, the criminal action is filed.
pursued independently of the criminal action and regardless of the
outcome of the criminal case. There is no more need to make a Q: May the civil action which was filed ahead of the criminal action
reservation. be consolidated with the latter?
NOTE: If the court renders a verdict of acquittal based on a A: Yes, upon motion of the offended party.
reasonable doubt, there should be a clear declaration to that effect
to avoid unnecessary interpretation of the decision itself. NOTE: The requirement of reservation of the right to institute the
civil action independently or separately from the criminal action is
GR: A finding on the civil liability of the accused shall be made in the no longer applicable to “independent civil actions.”
case of acquittal
Q: What civil action should then be reserved before it could be
XPN: A showing that the act from which the civil liability of the pursued independently and separately?
accused in favor of the offended party
A: There are civil actions which could be described as dependent civil
Q: Distinguish civil actions from independent civil actions. actions which are deemed instituted with the criminal actions arising
from the punishable act or omission. These cannot be prosecuted
DEPENDENT CIVIL ACTIONS INDEPENDENT CIVIL ACTIONS independently of the criminal case without any reservation made in
If not reserved will be deemed Can proceed simultaneously and the later case or if not filed ahead of the criminal case.
impliedly instituted with the separately from the criminal
criminal action. action regardless of the Dependent Civil Actions
If reserved, they may be outcome of the latter.
prosecuted independently like Q: What are “dependent civil actions”?
the independent civil actions but
must await the outcome of the A: Those actions seeking liability from the offender which arose from
criminal case to which they are the same act or omission subject of the criminal action. Excluded
dependent from such civil actions are those covered by Arts. 32, 33, 34 and
2176 branded by law as ”independent civil actions.”
NOTE: An act or omission causing damage to another may give rise
to 2 separate civil liabilities on the part of the offender. In negligent Q: What is the reason for the reservation?
cases, the offended party or his heirs has the option between:
1. An action for the enforcement of civil liability based on A: To prevent the offended party from recovering damages twice for
culpa criminal under Article 100 of the RPC the same act or omission against the offender.
2. An action for recovery of damages based on culpa
aquiliana under Art. 2176 of the NCC. Q: When should the reservation be made?
Q: Does prescription of action ex quasi delicto a bar to civil action A: It should be made before the prosecution starts presenting its
arising from the crime? evidence and under circumstances affording the offended party a
reasonable opportunity to make such reservation. It is not before
A: No. the prosecution has rested its case but before the start of the
presentation of its evidence.
Q: What does civil liability consist of?
Q: What is the effect of the failure to make reservation?
A:
A: Then, the civil aspect of the case is deemed instituted with the
1. Restitution criminal case. This means, the civil liability of the defendant will be
2. Reparation of the damage determined in the criminal proceedings and it cannot be subject of a
3. Indemnification of the consequential damages separate case. It is barred.
Q: What is the rationale behind the reservation? NOTE: For practical reasons, the Court trying the related criminal
case must be informed of the filing or pendency of the independent
civil actions. This will guide both the prosecutor and the judge so Constitution and laws, shall be liable to the party injured in an action
that the evidence tending to establish the civil liability of the at law, suit in equity, or other proper proceeding for redress.
accused should not be allowed or considered during the trial, as they
will be immaterial to the issues in the criminal case. Waste of time, Q: What is the purpose of the provision?
money and efforts will therefore be avoided.
A: To provide sanction to the deeply cherished rights and freedoms
Separate civil action to enforce civil liability for a criminal offense enshrined under the Constitution.
Implied When a criminal action is instituted, civil action for The aggrieved party may file an entirely separate and distinct civil
institution of recovery of civil liability arising from the offense action for damages, and for other relief which shall proceed
civil action charged shall be deemed instituted with the independently of any criminal prosecution, even if the latter is
with criminal criminal action. instituted, and shall require only a preponderance of evidence (De
action Leon, 2012).
XPN:
Illustration
1. Offended party waives the civil action;
2. Reserves the right to institute it Yuri was suspected of having committed a crime. He was arrested by
separately; or a police officer without a warrant of arrest under circumstances
3. Institutes the civil action prior to the where warrant is needed. He was further detained for more than
criminal action. the period allowed by Art. 125 of the RPC. Yuri may sue the police
Institution of After the criminal action has been commenced, officer for violations of Art. 269 and Art. 125 of the RPC.
separate civil the separate civil action arising therefrom cannot
action be instituted until final judgment has been entered NOTE: A private person may be an offender under several
in the criminal action. Otherwise, civil action for paragraphs of the Article even if he acted in good faith.
damages may be validly instituted and it may
proceed to final judgment by mere preponderance Q: Is good faith a defense?
of evidence.
Reservation of Right to file separate civil actions based on CC A: No.
separate civil need not be reserved in the criminal case since
action said actions are deemed impliedly instituted with Suspension of privilege of habeas corpus does not bar action for
it. The decision in the civil case is thus damages anchored on illegal searches
independent of the result of the criminal case.
Institution of In cases of Art. 32,33, 34 and 2176, the The suspension does not render valid an otherwise illegal arrest or
civil action independent civil action may be brought by the detention. What is suspended is merely the right of the individual to
independently offended party. It shall proceed independently of seek release from detention through the writ of habeas corpus as a
of criminal the criminal action and shall require only a speedy means of obtaining his liberty.
action preponderance of evidence (De Leon, 2012).
Q: Are judges subject to damages?
ARTICLE 31
A:
Q: Discuss the coverage of this Article.
GR: Damages are exempted from damages
A: The civil action contemplated in the Article is one which arises not
from the act or omission complained of as a felony. It arises from XPN: If the judge’s act or omission constitutes a violation of the
some other acts such as contract or a suit based on culpa Penal Code or other penal statute the judge is liable for damages
contractual. This can be prosecuted independently of the criminal aside from criminal liability.
proceedings, regardless of the result of the latter.
Q: What are these acts punishable?
E.g. A criminal case filed against the driver for reckless imprudence
which resulted in the death of a bus passenger cannot constitute a A:
bar to an independent civil action for damages against the bus
company based on culpa contractual, not on the alleged criminal Art. 204. Knowingly rendering unjust judgment. — Any judge who
offense (De Leon, 2012). shall knowingly render an unjust judgment in any case submitted
to him for decision, shall be punished by prision mayor and
ARTICLE 32 perpetual absolute disqualification.
Constitutional Torts in the U.S. Art. 205. Judgment rendered through negligence. — Any judge
who, by reason of inexcusable negligence or ignorance shall render
Federal statute providing that every person who under color of any a manifestly unjust judgment in any case submitted to him for
statute, ordinance, regulation, custom or usage or any state, decision shall be punished by arresto mayor and temporary special
territory, subjects or causes to be subjected, any citizen of the U.S. disqualification.
or any other person within the jurisdiction thereof to the
deprivation of any rights, privileges or immunities secured by the Art. 206. Unjust interlocutory order. — Any judge who shall
knowingly render an unjust interlocutory order or decree shall
suffer the penalty of arresto mayor in its minimum period and ARTICLE 33
suspension; but if he shall have acted by reason of inexcusable
negligence or ignorance and the interlocutory order or decree be Q: What is the reason behind this article?
manifestly unjust, the penalty shall be suspension.
A: To allow the citizen to enforce his rights in a private action
Art. 207. Malicious delay in the administration of justice. — The brought by him, regardless of the action of the state attorney.
penalty of prision correccional in its minimum period shall be
imposed upon any judge guilty of malicious delay in the NOTE: Article 33 involves independent civil action. A civil action for
administration of justice. damages based on defamation, fraud and physical injuries is entirely
separate and distinct from the criminal action and shall proceed
Liability of public officer for improper or non-performance of a independently of the criminal prosecution. And only preponderance
duty (De Leon, 2012) of evidence is required to establish the claim for damages.
2 kinds if Q: What are the 2 kinds of duties exercised by a Q: Does estafa and swindling cover fraud?
duties public officer?
exercised by A: Yes. When the basis of the civil action is fraud, both civil and
a public A: criminal actions may proceed independently of each other.
officer
1. Duty owing to the public collectively; and Q: State the coverage of physical injuries.
2. Duty owing to the particular individuals.
Duty to the Duty to the public in general A:
public in
general; GR: GR: An individual cannot have a cause of action for 1. Attempted
damages against the public officer, even though he 2. Frustrated
may have been injured by the action or inaction of 3. Consummated homicide
the officer.
Q: Does Art. 33 apply only to injuries intentionally committed?
Q: In such case, what is the remedy?
A: No.
A: It is not judicial but political.
Q: What is the effect of intervention of the criminal case?
RATIO: To rule otherwise will lead to a deluge of
suits for if one man might have an action, then all A: The offended party cannot intervene in the criminal case, either
men might have the like—the complaining personally or through a private prosecutor, if he had filed a separate
individual has no better right than anybody else. civil case. If the offended party intervened in the criminal case, he
If such were the case, no one will serve a public cannot later file a civil action to recover moral and exemplary
office. damages. The judgment in the criminal case bars the civil action
XPN: When the complaining individual suffers a particular under Art. 33.
or social injury on account of the public officer’s
improper performance or non-performance of his Defamation, fraud, and physical injuries construed (De Leon, 2012)
public duty. He must show a wrong which he
actually suffers and damage alone does not Defamation Used in the generic sense.
constitute a wrong. and fraud
Physical Means bodily injury, not the crime of physical
Q: Is the defense of good faith available? injuries injuries, because the terms used with the latter are
general terms.
A: No. Accordingly, the person liable may be any public officer or Fraud Comprising anything calculated to deceive, including
employee even if he did not act with malice or bad faith or he acted all the acts, omissions and concealment involving a
in good faith with justifiable motives. It is enough that there was a breach of legal or equitable duty, trust, or
violation of the constitutional right of the P (De Leon, 2012). confidence justly reposed, resulting in damage to
another, or by which an undue and unconscientious
Limited liability of judges (De Leon, 2012) advantage is taken of another. It is a generic term
embracing all multifarious means which human
Judges are not liable unless the act or omission in violation of civil ingenuity can devise, and which are resorted to by
liabilities is a crime. one individual to secure an advantage over another
by false suggestions or by suppression of truth and
Under the RPC, a judge incurs criminal liability for knowingly includes all surprise, trick, cunning, dissembling, and
rendering an unjust judgment rendering a manifestly unjust any unfair way by which another is cheated.
enrichment by reason of inexcusable negligence or ignorance,
knowingly rendering an unjustly interlocutory order or decree or GR: Once a criminal action is filed, any civil action arising from the
rendering a manifestly an unjust order or decree by reason of offense charged in the criminal action shall be suspended in
inexcusable negligence or ignorance, and malicious delay in the whatever stage it may be found until final judgment in the criminal
administration of justice (De Leon, 2012). proceedings has been rendered.

XPNs: In the 3 cases abovementioned, the civil action may be filed performed by the city or
even if there had been no reservation made by the injured party municipality in its private or
because the law itself makes such reservation. corporate aspect and public
markets
Criminal case need not wait for the civil case and vise versa and that
one should not be made to depend upon the outcome of the other ARTICLE 35
(De Leon, 2012).
Right of the victim to criminal offense to file independent civil
Independent civil action for damages based on criminal negligence action (De Leon, 2012)
(De Leon, 2012)
Q: Under what cases may an aggrieved party file an independent
1. There is no independent civil action for damages that may civil action even if no such right is expressly recognized in the Civil
be instituted in connection with said offense. Thus, the Code or in any special law?
extinction of criminal action by acquittal of the defendant
on the ground that the criminal charge against him did not A:
exist, necessarily extinguishes also the civil action based
upon the same act (Corpus v. Paje); 1. The justice of peace (MTCs) finds no reasonable ground to
2. Madeja v. Caro, the Corpus doctrine is not authoritative. believe that a crime has been committed after a
Civil action for damages against the respondent who was preliminary investigation; or
accused of homicide through reckless imprudence for the 2. Prosecuting attorney (prosecutor) refuses or fails to
death of the patient after an appendectomy may proceed institute criminal proceedings.
independently of the criminal action against her.
For the protection of the D as deterrence against baseless
ARTICLE 34 complaint, the P may be required to file a bond to indemnify the D in
case the complaint should be found malicious.
Q: What are the requisites under this Article?
ARTICLE 36
A:
Prejudicial question (De Leon, 2012)
1. There is danger to life or property of a person
2. A member of the city or municipal police force who is It is a question involved in a civil action, raised by the accused during
present in the scene refused or failed to render aid or a preliminary investigation or in a criminal case, and which is of such
protection to the person nature that its resolution in the civil case would be determinative of
3. Damages are caused either to the person and/or property the guilt or innocence of the accused.
of the victim
It is one which must precede the criminal action, that which requires
Q: Discuss the liability of the officer and of the city or municipality? a decision in the civil case before a final judgment is rendered in the
principal action with which said action is closely connected.
A: Their liability is primary and subsidiary.
It comes into play when a civil action and a criminal action are both
Civil action for damages against city or municipal police force pending and there exists in the former an issue which must be
(De Leon, 2012) preemptively resolved before the criminal action may proceed. This
is an exception to the rule that the civil action is suspended to await
A policeman is an agent of a person in authority and is changed with the final determination of the criminal case.
the maintenance of public order and the protection and security of
life and property. It is to be distinguished with res judicata. The absence of identity of
parties between the civil and criminal cases does not abate the
Q: What are the respective liabilities of the city or municipal police application of a prejudicial question.
force who refuses or fails, without just cause, to perform his duty
and the city or municipality? Q: What is the effect of prejudicial question as to the criminal
proceedings?
A:
A: The criminal case must be suspended, pending the final
MUNICIPAL POLICE FORCE CITY OR MUNICIPALITY determination of such question in the civil case.
Primarily liable Subsidiarily liable in case of
insolvency of the guilty peace RATIO: To avoid 2 conflicting decisions.
officer
Cannot invoke the defense of Q: Who can raise the issue of prejudicial question?
due diligence in the selection
and supervision of its policemen A: It is the accused in the criminal case.
since the defense is allowed only
to private employers. Q: What are the elements of a prejudicial question?
The defense would be available
if the function involved is A:
A: Yes. Any person who shows disrespect to the dead is liable for
1. The previously instituted civil action involves an issue or damages to the family of the deceased.
facts similar or intimately related to the issue raised in the
subsequent criminal action, or to the facts upon which the a. Thus, an undertaker who removed a dead body from its
criminal prosecution would be raised; place and refused to disclose its whereabouts is liable for
2. Resolution of the issue or issues raised in the civil action damages.
determines whether or not the criminal action may b. Performing an unauthorized autopsy on a dead body
proceed; and c. Withholding it from those entitled to its possession
3. Jurisdiction to try the said question and is lodged in
another tribunal. Q: May libel be committed against a dead person?
Jurisdiction of another tribunal to try question (De Leon, 2012) A: Yes, a dead person may be the object of libel
The prejudicial question must be determinative of the criminal case NOTE: Anyone who wrongfully or unlawfully interferes in the burial
before the court and jurisdiction to try said question must be lodged of a deceased person is liable for damages to the family of the
in another tribunal. In the Philippines, the same rule applies even if deceased.
there is only one court before which the civil action and the criminal
action are to be litigated. Q: Who can file the action for damages against the offenders?
Instances of prejudicial question (De Leon, 2012) A:
1. Bebeng, a married man, contracted marriage against his 1. Spouse

will with Eliza who employed force and intimidation. He 2. Descendants
filed an action for annulment of the second marriage. 3. Ascendants
Subsequently, Eliza countered with a criminal charge of 4. Brothers and sisters
bigamy. If the second marriage is annulled because of lack
of consent, Bebeng cannot be guilty of bigamy; NUISANCE (Arts. 694-707)
2. Civil action involving the obligation to pay wages is a
prejudicial question to a criminal prosecution for delay in Q: What is nuisance?
the payment of said wages, unless the obligation is first
proved; A: It may be a business, an establishment, an act or omission,
3. Criminal case against one for damage to another’s condition of property, etc. which hinders the comfortable
property, a civil action that involves the ownership of said enjoyment of life and hinders the free use of customary way of
property being claimed by the former should first be property whether public or private. Anything offensive to senses of
resolved; man and to the acceptable norms of decency and morality is also
4. Criminal action for estafa for alleged double sale of considered a nuisance (Pineda, 2009).
property is a prejudicial question to a civil action to nullify
the deed of sale for alleged forgery of the vendor’s It came from the French word “nuire” which means to hurt, injury or
signatures. harm. Literally, it means annoyance, or anything that works hurt,
inconvenience or injury.
Instances of non-prejudicial question (De Leon, 2012)
It embraces both intentional harms and those caused by negligence
1. Civil action to cancel copyright granted to the complainant or recklessness.
is not prejudicial to a criminal prosecution for infringement
of copyright because until and unless cancelled, the Anything which is injurious to public health or safety, is offensive to
copyright is presumed to have been duly and lawfully the senses, is indecent or immoral, obstructs the free use of any
granted; public street or body of water, impairs the use of property, or in any
2. He who contracts a second marriage before the judicial way, interferes with the comfortable enjoyment of life or property is
declaration of the nullity of its first marriage assumes the a nuisance.
risk of being prosecuted for bigamy, and in such case, the
criminal action may not be suspended on the ground of Negligence is not an essential ingredient of a nuisance but to be
the pendency if a civil case for declaration of nullity. A liable for nuisance, there must be resulting injury to another in the
previous marriage which has not been declared null and enjoyment of his legal rights.
void is deemed valid and subsisting (Jarillo v. People,
2009). This operates as a restriction upon the right of the owner of
property to make use of it as he pleases (De Leon, 2012).
Q: Distinguish nuisance from negligence (De Leon, 2012).

OTHER SPECIAL TORTS
A:
ARTICLE 309
NEGLIGENCE NUISANCE
Q: Is disrespect to the dead an actionable wrong? BASIS
Liability is based on lack of Liability attaches regardless of
proper care and diligence (want the degree of care or skill
of care) exercised to avoid the injury; A:
A person who creates or PUBLIC OR COMMON PRIVATE NUISANCE

maintains a nuisance is liable for NUISANCE
the resulting injury to others One that affects a community or One which affects an individual
regardless of the degree of care neighborhood or considerable or a few persons only
or skilled exercised to avoid the number of persons
injury.
Negligence is a violation of a Creation or maintenance of Other classification of nuisance:
relative duty, failure to use the nuisance is a violation of an
degree of care requited under absolute duty, the doing of an Nuisance That kind of nuisance which is always a nuisance. It
the circumstances in connection act is wrongful in itself (De Leon, per se is always a nuisance at all times under any
with an act or omission which is 2012). circumstances regardless of location or
not itself wrongful (De Leon, surroundings
2012). Nuisance That kind of nuisance by reason of location,
Where the damage is necessary consequence of what the D is doing, per accidens surrounding or in a manner it is conducted or
or is incident to the business itself or the manner in which it is managed
conducted, the law of negligence has no application and the law of Temporary That kind of nuisance which if properly attended
nuisance applies (De Leon, 2012). does not constitute a nuisance
CONDITION OF THE ACT Permanent That kind which by the nature of the structure
Act complained of is already There is a continuing harm being creates a permanent inconvenience.
done which caused the injury to suffered by the aggrieved party Continuous That kind which by its nature will continue to exist
the plaintiff by the maintenance of the act or indefinitely unless abated
thing which is considered a Intermittent That kind which recurs off and on and may be
nuisance; discontinued at anytime.
ABATEMENT
Abatement is not available as a Abatement without judicial Q: Is nuisance subject to summary abatement?
remedy. The remedy is action proceedings is allowed to
for damages suppress the nuisance A: Nuisance per se which affect the immediate safety of persons and
property may be summarily abated under the law of necessity.
Q: Distinguish between nuisance and trespass (De Leon, 2012).
If the nuisance is per accidens, even if the municipal authorities
A: under their power to abate nuisance do not have the right to compel
their abatement without a reasonable notice to the person alleged
NEGLIGENCE TRESPASS to be maintaining or doing it at the time and place of the hearing
Consists of a use of one’s own Direct infringement of another’s before a tribunal authorized to decide whether such a thing or act
property in such a manner as to right of property. constitutes a nuisance.
cause injury to the property or
other right or interest of Q: Can a lawful business be a nuisance?
another.
Generally results from the Where there is no actual A: Yes, if the conduct of the business causes grave inconvenience
commission of an act beyond physical invasion of the P’s and discomfort to others, it is a nuisance.
the limits of the property property, cause of action is for
affected. nuisance rather than trespass. Q: When are dams considered nuisance?
Injury is consequential Injury is direct and immediate
A: Dams and dikes which encroach into any public navigable river,
Q: What are the causes of nuisance? stream, coastal waters, and any other navigable public waters or
waterways, including those construed in areas declared as
A: communal fishing grounds shall be removed as public nuisances
unless constructed by the DPWH for public interests or safety or
1. Injury or danger to health or safety when absolutely necessary for the protection or private property.
2. Annoyance or offense to the senses
3. Shock, defiance or indifference to norms of decency or Q: What are the classifications of nuisance (De Leon, 2012)?
morality
4. Observance of free passage of any public highway or street A:
or any body of water
5. Hindrance to or impairment of the use of property According to the number of persons affected
Public Private Mixed
ARTICLE 695 Doing of or the One which violates A thing may be a
failure to do only private rights private nuisance
Q: What are the kinds of nuisance according to the number of something that and produces without being a
persons affected? injuriously affects damage to but one public one or a

safety, health, or or a few person and public nuisance
morals of the public, cannot be said to be without being a E.g.
works some public. private one. On the
substantial other hand, a 1. House of prostitution;
annoyance, nuisance may be 2. Houses constructed
inconvenience or both public and without governmental
injury to the public. private in character; authority on public
it may be a public streets and river beds;
It is prejudicial to nuisance because it 3. Squatters on
health, comfort, violates public rights governmental
safety, property, to the injury of resettlement projects
sense of decency, many persons, and it Since they affect the immediate Even the municipal authorities,
morals of citizens at may also be private safety of persons and property, under their power to declare
large. in character in that it they may be summarily abated and abate nuisances, would not
produces special under the undefined law of have the right to compel the
injury to private necessity. abatement of a particular thing
rights (see Art. 703.) or act as a nuisance without
to any extent reasonable notice and hearing.
beyond the injury to According to liability
the public. Civil Criminal
Affects the public at Affects the E.g. Criminal prosecution is
large or such of individual or a instituted only for “public
them as may come limited number of 1. A house nuisance’’ and not for a private
into contact with it; individuals only abutting on a nuisance.
street railway According to duration
track is a Continuing or recurrent Temporary or permanent
private
nuisance to the According to right to relief
railway Actionable Non-actionable
company and a
public nuisance
According to remedy available
because it
Nuisance abatable by criminal Nuisance abatable by civil
obstructs the
action action
street;
2. Raising and
breeding Nuisance abatable without Nuisance abatable judicial
animals; judicial proceedings proceedings
3. Keeping or The summary abatement of
storage of nuisance without judicial
gasoline may proceedings is recognized and
constitute a established even in the absence
nuisance, of statute on the ground that
either private the requirement of preliminary
or public. formal legal proceedings and a
Indictable Actionable, either judicial trial would result in
for abatement or for defeating the beneficial object
damages or both; sought to be obtained. Subject
to limitations, the right may be
Injunctive relief may exercised by public officers,
be granted. municipal corporations, and by
According to their nature private individuals.
Nuisance per se Nuisance per accidens
Q: What is the test of a public nuisance?
An act, occupation, or structure An act, occupation, or structure,
A: The distinction between a public nuisance and a private nuisance
which is unquestionably a not a nuisance per se, but which
does not lie in the nature or character of the nuisance itself, but in
nuisance at all times and under may become a nuisance by
the extent or scope of its injurious effect.
any circumstances, regardless of reason of circumstances,
location or surroundings. It is location, or surroundings. Thus,
The test, however, of a public nuisance is not the number of persons
anything which of itself is a raising and breeding pigs in a
actually affected, but the possibility of injury or annoyance not to
nuisance because of its inherent house within city limits is a
the public, but to all who come within its sphere. To constitute a
qualities, productive of injury or nuisance per accidens.
public nuisance, it is sufficient that there is a tendency to the
dangerous to life or property
annoyance of the public, by an invasion of its rights which all are
without regard to circumstance.
entitled to exercise if they see fit. And the fact that acts or

conditions may be beneficial to the public in some degree will not of noise although ordinary care is taken to confine it within
prevent them from being a nuisance, if their effects are such as to reasonably bounds; or in the vicinity of property of another owner
fall within the definition of a nuisance. who though creating a noise is acting with reasonable regard for the
rights of those affected.
Public nuisance always arise out of unlawful acts, and an act cannot
be a nuisance if it is lawful, or is authorized by a valid statute or Q: Is the noise from electrical machinery and appliances a
ordinance, or is imperatively demanded by public convenience (De nuisance?
Leon, 2012).
A: The determinating factor when noise alone is the cause of
Q: Distinguish between nuisance per se and per accidens (De Leon, complaint is not its intensity or volume. It is that the noise is of such
2012)? character as to produce actual physical discomfort and annoyance to
a person of ordinary sensibilities, rendering adjacent property less
A: comfortable and valuable. If the noise does that, it can well be said
to be substantial and unreasonable in degree; and reasonableness is
NUISANCE PER SE NUISANCE PER a question of fact dependent upon all the circumstances and
ACCIDENS conditions.
Existence The thing becomes a
nuisance as a matter of law. Q: Who are the persons liable for the damages resulting from
Its existence need only be nuisance?
proved in any locality,
without a showing of specific A: As a general rule, one who creates a nuisance is liable for the
damages, and the right to resulting damages, and ordinarily his liability continues as long as
relief is established by the nuisance continues.
averment and proof of the
mere act. But the mere failure to abate a nuisance created by another does
Abatement Affects the immediate safety Even the municipal not alone constitute a continuation thereof; there must be some
of persons and property, they authorities, under positive participation in the continuance of the nuisance or some
may be summarily abated their power to positive act evidencing its adoption.
under the undefined law of declare and abate
necessity. nuisances, would Generally no one is to be held liable for a nuisance which he cannot
not have the right to himself physically abate without legal action against another for that
compel the purpose, unless it is his own wrong that has involved him in trouble
abatement of a (De Leon, 2012).
particular thing or
act as a nuisance Q: Describe the liability of several persons who cause damage?
without reasonable
notice to the person A: Where several persons, acting independently, cause damage by
alleged to be acts which constitute a nuisance, each is liable for the damage which
maintaining or doing he has caused or for his proportionate share of the entire damage,
the same at the time and, although it may be difficult to allocate the actual loss caused by
and place of hearing the several wrongdoers, the court is at liberty to estimate the
before a tribunal amount for which each is liable as best it can (De Leon, 2012).
authorized to decide
whether such a Doctrine of attractive nuisance
thing or act does in
law constitute a GR: When people come to the lands or premises of others for their
nuisance. own purposes, without right or invitation, they must take the lands
or premises as they see them.
Noise as a nuisance (De Leon, 2012)
XPN: Attractive nuisance doctrine.
Q: When is noise actionable?
One who maintains on his premises dangerous instrumentalities or
A: It must be a noise which affects injuriously the health or comfort appliances of a character likely to attract children in play, and who
of ordinary people in the vicinity to an unreasonable extent. Injury fails to exercise ordinary care to prevent children from playing
to a particular person in a peculiar position or of especially sensitive therewith or resorting thereto, is liable to a child of tender years
characteristics will not render the noise an actionable nuisance. who is injured thereby, even if the child is technically a trespasser in
the premises.
Q: What is the test whether the same is actionable?
ARTICLE 696
A: The test is whether rights of property, health, or comfort are so
injuriously affected by the noise in question that the sufferer is Q: What is the basis of the liability of the subsequent owner or
subjected to a loss which goes beyond the reasonable limit imposed possessor of property?
upon him by the condition of living, or of holding property, in a
particular locality in fact devoted to uses which involve the emission
A: It is the duty of the subsequent owner or possessor to get rid of A: No. The owner of property abated as a nuisance is not entitled to
the nuisance of the property. If he failed to do so, or refused to compensation unless he can show that the abatement is unjustified
abate the nuisance despite demands, he is liable for the (De Leon, 2012).
consequences of such failure and refusal.
ARTICLE 698
Q: What is the nature of the liability of subsequent owners or
possessors? Q: Can there be legalization of nuisance by prescription?
A: They are liable solidarily. To hold them so liable, it is necessary A: No. Lapse of time cannot make nuisance, whether public or
that there be some joint or concurrent act or community of action in private, as legal. Nuisances have the element of criminality and
producing the injury or damage complained of. cannot be tolerated by law.
If the parties acted independently of one another without any Q: What is the effect of lapse of time?
concerted action or common design, each one is liable only for his
individual act which contributed to the injury. A:
Liability of successor of property constituting a nuisance GR: Right to bring an action to abate a public or private nuisance is
(De Leon, 2012) not extinguished by prescription.
GR: Only the creator of a nuisance is liable for the damage resulting RATIO: Lapse of time cannot be relied upon to legalize a nuisance,
therefrom. whether public or private, for no right can arise from acts or
omissions which are against the law or which infringe upon the
XPN: Every successive owner or possessor of property constituting a rights of others.
nuisance who fails or refuses to abate the nuisance, or maintains or
permits its continuation has the same liability as the one who XPN: Easements are extinguished by obstruction and non-use for
created it. ten years (Art. 613, 2) (De Leon, 2012).
To render the new owner or possessor liable, it is, of course, ARTICLE 699
necessary that he has actual knowledge of the existence of the
nuisance and that it is within his power to abate the same. Q: What are the remedies against a public nuisance?
RATIO: The injurious effect of nuisance is a continuing one. A:
ARTICLE 697 Article 699. The remedies against a public nuisance are:
Q: Is recovery of damages precluded by abatement? a. A prosecution under the Penal Code or any local
ordinance: or
A: No. b. A civil action; or
c. Abatement, without judicial proceedings.
If the nuisance had already been abated and no longer exists, the
aggrieved persons may still pursue a civil action for damages for the Q: What is the nature of these remedies?
injuries suffered during the existence of the nuisance.
A: The above remedies are not exclusive but cumulative. All of them
Abatement of nuisance and recovery of damages (De Leon, 2012) may be availed of by public officers, and the last two, by private
persons, if the nuisance is especially injurious to the latter (De Leon,
Q: What are the remedies against nuisance? 2012).
A: Remedies against a public nuisance which is an offense against a

state
1. Action to abate; and
2. Action to recover damages. Q: May a nuisance result from a felony punished by the RPC, an
ordinance, or special law?
Q: What is the nature of these remedies?
A: Yes.
A: The remedies are in the alternative—both may be demanded.
Q: In the prosecution of public nuisance, is intent of the creator of
The abatement of a nuisance may have taken place after injury or the nuisance important?
damage has already been caused. The injured person may still
recover damages resulting from or growing out of the nuisance A: No.
which has been abated. The rule is just and serves to discourage and
punish anyone who causes a nuisance (De Leon, 2012). NOTE: If the civil action is pursued, the plaintiff can seek for a
judgment directing the defendant to abate the nuisance himself. If
Q: Is the owner of the nuisance entitled to compensation? he failed to abate the nuisance, a writ may be issued to the sheriff
directing him to abate the nuisance at the expense of the defendant.
This is the same rule to follow if in the criminal action, the decision A: The law requires the district health officer of the Province or City
directs the defendant to abate the nuisance himself and failed to do to see to it that one or all of the 3 remedies be simultaneously
so. pursued to remove a nuisance. Thus, the nuisance may be physically
removed without judicial proceedings. However, a civil case for
Extra-judicial Abatement of nuisance damages may be filed by the Mayor, while a criminal case may be
pursued by the Provincial or city prosecutor simultaneously.
Q: Discuss the extra-judicial abatement of nuisance. When is it
allowed? ARTICLE 701
Civil Action against Public Nuisance
A: The State, by virtue of its police power, can authorize its officers
to abate summarily public nuisances without hearing or judicial a. When the nuisance is public in character affecting the
proceedings. community, it is the Mayor of the locality who is required
to commence the action with the proper court.
Q: State the requisites. b. If the nuisance is vast and extensive as to affect the entire
province, the Governor is not excluded from commencing
A: the action.
1. However, there must be a necessity to justify the ARTICLE 702

abatement.
2. The use of this extrajudicial remedy is the means NOTE: The determination of the best remedy to eliminate nuisance
employed in the abatement of the nuisance must not be is left to the judgment of the district health officer.
unduly oppressive, and
3. No unnecessary injury to property or rights must be Q: What is the role of district officers and others with respect to
caused. public nuisance?
NOTE: Due process is required in abating a nuisance per accidens. A: The district health officer is charged with the duty to see to it that
one or all of the remedies against a public nuisance.
Q: In case of the abatement of nuisance, is the owner entitled to
compensation? He shall determine whether the third remedy, abatement without
judicial proceedings, is the best remedy against a public nuisance
A: No. Otherwise, that is giving premium to illegal acts. Bad (Art. 702.) on the theory that in view of his position, he is best
precedents will be set. Crimes or illegal acts should never be informed and qualified to determine the best remedy to meet a
rewarded. The property destroyed for being a nuisance is not given situation. This means that the remedy must be availed of only
considered as having been taken by the State for public use with the intervention of the district health officer.
requiring payment of just compensation. Besides, the abatement of
nuisance is anchored on the police power of the State. His power is simply to determine whether or not abatement,
without judicial proceedings, is the best remedy against a public
Abatement without judicial proceedings (De Leon, 2012) nuisance. While the district health officer may also institute
proceedings to abate a nuisance, this power can be properly
Police power It is universally conceded that the police power of exercised only when the nuisance is one that affects public health
of the State the State includes the right to destroy or abate by and sanitation (De Leon, 2012).
a summary proceeding whatever may be regarded
as a public nuisance, and in the exercise of this ARTICLE 703
power, the legislature may, subject to
constitutional limitations, declare what shall be Q: What are the conditions for the filing of civil action on account
deemed a nuisance and provide for its of public nuisance by private person?
suppression. This right is akin to the right of
destroying property for the public safety in case of A: A private person, by exception, is authorized to file a suit to quash
the prevalence of a devastating fire or other a public nuisance, provided that he had suffered a particular harm or
controlling exigency. injury by reason thereof. In which case, the nuisance is treated as a
Right to Property taken or destroyed for the purpose of private nuisance. The particular or special damage undergone by the
compensation abating a nuisance is not taken for public use, and individual must be different from that damage suffered by the
there is accordingly no obligation to make general public.
compensation for such taking. The State may
authorize the removal, destruction or abatement Right of private person to file action on account of a public
of nuisances before any judicial decision, and leave nuisance (De Leon, 2012)
the party to his right to appeal to the courts, by an
action for damages, for a determination of the GR: The civil action against a public nuisance is commenced by the
question whether the thing abated was a nuisance. city or municipal mayor.
ARTICLE 700 XPN: Private person may also file a civil action if the public nuisance
is especially injurious to himself. In other words, the nuisance (e.g.,
Q: May the remedies be pursued simultaneously? bodies of filthy or dirty water; a building in danger of falling on his
property) becomes as to him a private nuisance affecting him in a
special way different from that sustained by the public in general. abating the nuisance, especially if it is necessary to enter upon his
The action may be abatement, injunction, or damage). property in order to do so.
To warrant a suit by an individual, there must be an invasion or NOTE: He must use ordinary care to prevent the infliction of any
violation of some private right, as distinguished from the public unnecessary injury although such care which is ordinarily expected
right, which the plaintiff has in common with the rest of the public. by abators is not required when the nuisance produces imminent
In the absence of a showing of special or unusual damages, differing peril to his person or property and is compelled to act in emergency.
from those suffered by the general public, a cause of action does not In any case, the means employed must be reasonable, and for any
arise in favor of a private individual. However, the injury need not be excessive damage or force employed, the actor will be liable.
unique to the complaining party, and the fact that many are injured
does not make the nuisance such a common one as to exclude Q: What is the purpose of giving notice?
redress by a private individual. An action may be maintained by one
who is not the sole or even a peculiar sufferer, if his grievance is not A: The purpose of the notice is to give such person an opportunity to
common to the whole public, but is a common misfortune of a abate the nuisance himself. Where, however, the person knows that
number or even a class of persons (De Leon, 2012). the other party claims that the thing abated is a nuisance and
desires its abatement, and refuses an offer by such party to pay for
ARTICLE 704 removing it, he is not entitled to further notice. Also, the giving of
notice may be dispensed with if the danger to health, life, or
Q: State the procedure for the abatement of a public nuisance by a property is imminent and the necessity of prompt removal of the
private person? nuisance is urgent.
A: ARTICLE 705
Remedies against a private nuisance
Article 704. Any private person may abate a public nuisance which
is specially injurious to him by removing, or if necessary, by Q: What are the remedies against a private nuisance?
destroying the thing which constitutes the same, without
committing a breach of the peace, or doing unnecessary injury. But A:
it is necessary:
Article 705. The remedies against a private nuisance are:
a. That demand be first made upon the owner or possessor
of the property to abate the nuisance; a. A civil action; or
b. That such demand has been rejected; b. Abatement, without judicial proceedings.
c. That the abatement be approved by the district health
officer and executed with the assistance of the local Q: Is estoppel applicable in private nuisance?
police; and
d. That the value of the destruction does not exceed three A: Yes. A person who consented, permitted or acquiesced in the
thousand pesos construction of a building and aware of the purposes for which it
was established, is estopped from asserting that the structure is a
Other restrictions based on foreign decisions nuisance against him.
1. The right to abate public nuisance must be resorted only in Abatement of private nuisance (De Leon, 2012)
case of extreme necessity
2. The right must be exercised with reasonable time after the Scope of A privilege exists on the part of a person harmed by a
special injury or harm had been suffered the private nuisance to abate the nuisance by the use, if
3. The means employed must be reasonable privilege necessary, of reasonable force, and the one maintaining
4. The property must not be destroyed unless necessary to the nuisance cannot recover for any damage done to his
eliminate the nuisance property, real or personal, if he who abates the
nuisance uses due care and causes no unnecessary
Conditions for extrajudicial abatement of a public nuisance injury. The privilege extends to entry on another’s land
(De Leon, 2012) and to interference, damage or, where circumstances
justify, destruction of chattels thereon.
Q: What may be done in abating a public or private nuisance? Person Only the person or persons harmed thereby;
entitled
A: to abate
1. Removal; When The privilege of abatement must be exercised within a

2. If necessary, destroy the thing which constitutes the privilege reasonable time after knowledge of the nuisance is
nuisance, without committing breach of the peace or to be acquired or should have been acquired by the person
doing unnecessary damage. exercised entitled to abate. If the actor has delayed long enough
before resorting to legal process, and the reason for the
It is established that a person who suffers injury from a private privilege of summary abatement fails, the privilege fails
nuisance may abate it without resort to legal proceedings, provided with it.
that he can do so without bringing about a breach of the peace.
Usually, notice must be given to the person responsible before Q: Will mere lapse of time legalize any nuisance?
a. He can file an action for injunction or prohibition with
A: No. preliminary injunction against the private person or public
official
b. File a case for replevin of the property seized from him
Injunctive relief against a nuisance (De Leon, 2012) c. Or a case for injunction to prevent the sale of the property
or its destruction
Irreparable The plaintiff must show that the threatened harm will d. Action for damages if the property had already been sold
injury to the P result in “irreparable’’ injury within the meaning of or destroyed.
that term in equity. If the nuisance is continuous, the
damage is great, and there is apparently no
opportunity for the defendant to alleviate the harm
which his conduct causes, his entire enterprise may TORTS OBLIGATIONS AND CONTRACTS
be absolutely restrained even though, but for the (Articles 1170-1174, 1314)
unreasonable harm to the plaintiff, it would be a
perfectly lawful business, e.g., stockyard, Q: What are the grounds for the liability for damages in the
slaughterhouse, or keeping horses in residential area. performance of obligations?
No adequate It must also appear that the plaintiff has no
remedy in the “adequate’’ remedy at law, as such remedies are A:
course of law regarded by the traditional principles of equity.
Balance of The plaintiff must also make it appear that the 1. Fraud
convenience “balance’’ of convenience is with him, i.e., less severe 2. Negligence
with P harm will result to the defendant from granting the 3. Delay
injunction than will result to the plaintiff by leaving 4. Violation of the terms of the contract
him to his legal remedy, unless serious detriment to
the public would result from a refusal to enjoin. Fraud (dolo) Intentional evasion of the faithful performance
of the obligation. Any willful act or omission
Before the court finds the existence of a nuisance at which prevents the ordinary realization of the
all, a balancing process takes place in a comparison of obligation, with knowledge of the effects or
the harm of which the plaintiff complains with other consequences which will naturally arise or flow
factors, including the hardship to the defendant. therefrom
Negligence or Omission of that diligence required by the
ARTICLE 706 fault (culpa nature of the obligation and commensurate with
contractual) demands of the subsisting circumstances of
Abatement of private nuisance by any person time, place, condition of the person involved
Delay (mora) This is the fault or tardiness in the performance
The procedure for the abatement of private nuisance is the same as of the obligation after it had become due and
the extra-judicial abatement of a public nuisance by a private person demandable
under Article 704. Violation of the This is the act of contravening the tenor and
terms of the terms or conditions of the contract.
NOTE: Art. 704 refers to abatement of a public nuisance specially contract
injurious to a private person while Art. 706 refers to the abatement (violatio)
of a public nuisance.
Kinds of damages under this code
ARTICLE 707
Liability for damages of persons who caused abatement of Q: What are the kinds of damages under this code?
nuisance
A:
Q: When is civil liability for damages incurred by the private
individual or public official who abates the nuisance without 1. Actual or compensatory damages
judicial proceedings? 2. Moral damages
3. Nominal damages
A: A private person or a public official extrajudicially abating a 4. Temperate or moderate damages
nuisance shall be liable for damages: 5. Liquidated damages
6. Exemplary damages
a. If he causes unnecessary injury; or
b. If an alleged nuisance is later declared by the courts to be Q: Describe the damages for monetary obligations.
not a real nuisance.
A: It may be in the form of predetermined damages like when there
Q: What are the remedies of a person whose property was is a penalty clause or when liquidated damages have been agreed
destroyed as a nuisance? upon. If there is no stipulation or agreement, the legal rate of
interest will be imposed at 6% per annum.
A: He may go to the court for the determination of the status of the
property as to whether or not it is really a nuisance.

Q: What are the exceptions to the rule that fortuitous events will e. That since the filing of the action, the defendant has done
excuse the non-performance of the obligation? his best to lessen the plaintiff's loss or injury.
A: Q: What is the effect of contributory negligence on the liability of

the obligor?
1. When the law expressly provides liability
2. When there is stipulation between the parties A: There will be reduction or mitigation of the liability for damages
3. When the nature of the obligation requires the of the obligor.
assumption of risk
NOTE: The presence of contributory negligence of the part of the
ARTICLE 1171 passenger, not amounting to the proximate cause of his injury, is not
a complete defense to the breach of the contract of carriage.
Q: What is the kind of fraud referred to in this article?
To hold a person as having contributed to his injuries, it must be
A: The kind of fraud referred to is not the fraud (deceit) employed shown that he performed an act that brought about his injuries in
by a person to induce another to enter into a contract, without disregard to health and body
which, the latter would have not agreed to. It refers to fraud in the
performance of the obligation and not to the fraud in the execution To prove contributory negligence, it is still necessary to establish a
of the contract. It is the intentional evasion of the normal fulfillment causal link, although not proximate, between the negligence of the
of the obligation. party and the succeeding injury.
NOTE: The responsibility arising from this kind of fraud is Q: What is the test of negligence?
demandable in all obligations.
A: “Would a prudent man, in the position of the person to whom
ARTICLE 1172 negligence is attributed, foresee harm to the person injured as a
reasonable consequences o the course to be pursued?” If so, the law
NOTE: Contracts against liability for negligence are not favored. In imposes a duty on the actor to refrain from that course, or to take
determining the liability of a party for damages resulting from his precaution against its mischievous result. The failure to do so
negligence in the fulfillment of a contractual obligation, the courts constitutes negligence.
have discretionary power to moderate the liability according to the
circumstances of the case. Q: Distinguish negligence and fraud.
Q: Discuss the effect of good faith or bad faith of the obligor. A:
A: NEGLIGENCE FRAUD
Culpa Dolo
GOOD FAITH BAD FAITH No deliberate intention to cause There is deliberate intention or
He is responsible for the natural He shall be responsible for all damage or injury even if the act plan to cause damage or injury
and probable consequences of damages which may be was done voluntarily
the breach of contract which the reasonably attributed to the Liability due to negligence may Liability cannot be mitigated or
parties have foreseen at the non-performance o the be mitigated or reduced in reduced
time of the constitution of the obligation certain situations
obligation Waiver of an action to enforce Waiver of an action to enforce
liability arising from future liability arising from future fraud
Q: What are the mitigating circumstances under this provision? negligence may be allowed in is not allowed
certain situations
A:
ARTICLE 1173
In contracts, quasi-contracts, and quasi-delicts, the court may Diligence
equitably mitigate the damages under circumstances other than the
case referred to in the preceding article, as in the following Q: What is diligence?
instances:
A: It is the attention and care required of a person in the given
a. That the plaintiff himself has contravened the terms of the situation and is the opposite of negligence.
contract;
Q: What is due diligence?
b. That the plaintiff has derived some benefit as a result of
the contract; A: That measure of prudence, activity, or assiduity, as is properly to
be expected from and ordinarily exercised by reasonable and
c. In cases where exemplary damages are to be awarded, prudent men under the particular circumstances; it is not measured
that the defendant acted upon the advice of counsel; by any absolute standard but depends on the relative facts of the
special case.
d. That the loss would have resulted in any event;
Q: What is necessary diligence?
Event which is absolutely This refers to an event caused by
A: It is that degree of diligence which a person placed in a particular independent of humanthe legitimate or illegitimate
situation must exercise in order to entitle him to the prosecution of intervention such as earthquake. acts of persons other than the
the law in respect to rights or claims growing out of that situation or It is often called act of God obligor. In this case, there is
to avoid being left without redress on account of his own culpable human intervention
carelessness or negligence. AS TO FORESEEABILITY
Ordinary Fortuitous event Extra-Ordinary fortuitous event
Q: What is negligence? These are events which Those which do not usually
ordinarily happen or which happen and could not be
A: It consists in the particular omission of that diligence which is could be reasonably foreseen reasonably foreseen.
required by the nature of the particular obligation and corresponds but are inevitable Ex: earthquake, fire,
with the circumstances of persons, of the time, and of the place. It is Ex: flooding of lowly areas conflagration, war, pestilence
not an absolute term but a relative one. during typhoon and
thunderstorms
NOTE: Negligence is a question of fact.
Q: What are the requisites in order to exempt obligor from liability
Q: What is gross negligence? by reason of fortuitous event?
A: It evinces a thoughtless disregard of consequences without A:

exerting any effort to avoid them.
1. The cause of the breach must be independent of the
It is much of a character which is a flagrant and thoughtless attitude debtor’s will
amounting to culpable disregard of the rights and safety of others. 2. The event must either be unforeseeable or unavoidable
3. The event must be of such as to render it impossible for
Q: What are the kinds of negligence under Art. 1173? the debtor to fulfill his obligation in a normal manner
4. The debtor must be free from any participation in, or
A: aggravation of, the injury to the creditor.
1. The diligence stipulated by the parties NOTE: It is incumbent upon the party charged with the responsibility
2. If there is no stipulation, the diligence required by law to prove the force majeure.
governing the particular obligation
3. In the absence of the foregoing, the diligence which is Q: What are the exceptions to the rule that fortuitous events will
expected of a good father of family. excuse the non-performance of the obligation?
Q: What is the meaning of “good father of family”? A:
A: The concept of bonos pater familia is taken from the Roman law. 1. When the law expressly provides liability
Ordinarily, the father, not the mother who is the head of the family. 2. When there is stipulation between the parties
As head, the father performs voluntarily his duties to provide 3. When the nature of the obligation requires the
support and protection to his family. He occupies a place of honor assumption of risk
and leadership in the family. In recognition of this, his surname is 4. When the obligor is in delay
carried over by the person possessed of the children and the 5. When the obligor has promised the same thing to 2 or
subsequent male generations. A good father is a person possessed more persons who do not have the same interest
of no less ordinary or average diligence. He is a person who can 6. When the possessor is in bad faith and the thing is lost or
always be depended upon. deteriorated due to fortuitous event
7. When the obligor contributed to the loss of the thing
NOTE: The diligence of a good father of a family may be used to 8. When the obligor is guilty of fraud, negligence, or delay or
describe the diligent acts of a person whether married or single. if he contravened the tenor of the obligation
9. When he could have prevented the same by human
ARTICLE 1174 precaution.
Q: What are fortuitous events?
A: A fortuitous event is an occurrence or happening which could not

CONTRACTUAL INTERFERENCE
be foreseen or even if foreseen, is inevitable. The definition is
ARTICLE 1314
comprehensive enough to cover events beyond the control of the
obligor which prevents him from fulfilling his obligation.
GR: The contract takes effect only between the parties, their assigns
and heirs.
Q: What are the classes of fortuitous event?
XPN: When a stranger to a contract can be sued for damages for his
A:
unwarranted interference with the contract.
AS TO ORIGIN OR CAUSE
Q: What are the rationales behind the provision?
Fortuitous event Force majeure (fuerza mayor)
NOTE: Not all interference is actionable. The fact that the
A: defendant’s activity has injured plaintiff’s business does not mean
that plaintiff necessarily is entitled to a remedy
1. Protection of the constitutional right to contracr
2. Violation of rights of parties to fulfill a contract and have it Q: Distinguish tort of interference and deceit.
fulfilled (De Leon, 2012)
A:
Q: What is the effect of interference with contractual relations?
TORT OF INTERFERENCE DECEIT
A: A third person who induces another violate his contract without Usually, the contract involved is Loss in deceit results
valid excuse is liable for damages to the other contracting party who between the plaintiff and a third immediately from conduct of
is prejudiced by the said interference. The intermeddling is known in person. The loss results from the the plaintiff himself, induced to
the law on torts as “interference with contractual relations.” action taken by the third person, take injurious action by reliance
as a result of the defendant’s upon the defendant’s fraudulent
Q: What is the nature of the liability of the intermeddler? conduct misrepresentations (De Leon,
2012)
A: Solidary because the former has committed a tortuous act or
quasi-delict where the liability is solidary. Q: How are contractual interests impaired?
Q: Is malice necessary to make the intermeddler liable? A:
A: 1. False and derogatory statements

2. Unjustifiable conduct- people can be induced to break
GR: Yes. their contracts by conduct other than false and derogatory
statements about the other party to the contract or the
XPN: If the intention of the intermeddler is honest and laudable subject matter thereof (De Leon, 2011)
such as when the same is intended to protect the contracting party,
he should not be made liable for damages for breach of the contract Q: What are the types of interests protected?
Requisites for interference in contractual relation A:
Q: What are the requisites for interference in contractual relation? 1. Interests in the security and integrity of contractual
relations
A: 2. Interest in the fulfillment of contracts and freedom to
enter into contracts (De Leon, 2011)
1. There must be an existing valid contract between 2 or
more persons Q: Give instances when the principle finds no application.
2. The third person or stranger to the contract is aware of the
existence of the contract A:
3. The third person interferes by inducing a party to violate
the contract and the contract was thus violated 1. Absence of breach
4. The interference or intermeddling is without legal 2. Lack of privity
justification or valid excuse. 3. Illegal contract
4. Contract to marry
Alternative answer: 5. Socially undesirable contract (De Leon, 2011)
1. Existence of a valid contract Q: Is giving advice to another actionable?

2. Knowledge of existence of contract
3. Existence of malice A: No (De Leon, 2011).
4. Causal relation –it must be shown that by reason of
defendant’s act, a contract which otherwise would have Q: May there be liability for negligent interference with
been performed was abandoned, that is, that there was a contractual relations?
breach and that the defendant was a moving cause
thereof A: There can be no such thing as negligently inducing a breach of
5. Damage of injury (De Leon, 2011) contract. The very idea of inducement implies that the defendant
acted for the purpose of bringing about a breach, or at least, acted
Q: What is malice? with knowledge that, if he attained his purpose, a breach would
result (De Leon, 2011).
A: The intentional doing of a harmful act without legal or social
justification or excuse, or, the willful violation of a known right (De Pre-contractual interferences
Leon, 2011).
Q: What is the rule in case of pre-contractual interferences?

A: There can be contractual interference. Where the conduct A: Acceptance of the work by the owner or employer relieves the
consists in preventing another to enter into a contract, as in the tort contractor of liability for any defect in the work subject to 2
of interference with business relations, the plaintiff must show conditions.
either that prospective economic advantage or benefit would have
been obtained had it not been for such interference or that there NOTE: Where there was wanton or negligence on the part of the
was, considering all the circumstances, a reasonable expectation architect and contractor in affecting the plans, designs,
that a business relationship will arise (De Leon, 2011). specifications and construction of the building, there is bad faith and
liability for damages attaches.
The Privilege of competition
Q: What is the rationale?

TORTS INVOLVING THE FAMILY HOME
A: The privilege is a basic assumption in the law of unfair (Articles 218, 219, 221, 236)
competition. The privilege to engage in business and to compete
contemplates the probability of harm to the business or occupation Q: What are the 3 modes of emancipation before the effectivity of
of some persons who are subjected to the competition. the Family Code?
Competition, in the long run, promotes efficiency and economic
general welfare and that to subject a person to liability merely for A:
competition would result in preventing competition (De Leon, 2011).
1. Marriage of then minor
2. Parental concession in a public instrument when the minor
is at least 18 years of age
TORTS INVOLVING CONSTRUCTION OF BUILDING 3. By reaching the age of majority which was 21 years of age
ARTICLR 1723
NOTE: Presently, the only mode of emancipation is by reaching the
Q: When does this provision apply? age of majority which was 21 years of age
A: This does not apply to minor defects. It applies only to major

defects resulting in the collapse of the building by reason of the
defects mentioned in the law, that is, defects in the plans and TORTS INVOLVING BREACH OF MARITAL OBLIGATIONS
specifications; defects in the ground or defects in the construction.
Q: Discuss the liability of an engineer or architect for damages.

TORTS INVOLVING COMMON CARRIERS
A: They shall be responsible if the said building after its construction
(ARTICLES 1732-1763)
collapsed due to:
a. Defects in the said plans or specifications
NOTE: These provisions require a diligence higher than the ordinary
b. Defects on the ground
diligence universally referred to as the diligence of a good father of a
family of ordinary prudence or caution.
NOTE: Third persons who suffer injuries or damages as a result of
total or partial collapse of a building established by the architect or
Q: What are the elements of contract of carriage?
engineer or contractor may file a suit only against the engineer or
architect (sparing the owner) if the collapse is due to the defects in
A:
the construction.
1. Consent of the parties; a ticket is evidence of consent
If the architect or engineer has supervised the construction of the
2. Object of the contract is the transportation of the subject
building by the contractor, their liability is solidary.
(goods or passengers) from the place of departure to the
place of destination stated in the ticket
Q: Discuss the liability of the contractor.
3. Consideration is the fare paid
A: If the building collapsed or has fallen down within 15 years from
NOTE: A contract of carriage to transport passengers generates a
its completion by reason of defects in the construction, the
relation attended with public duty.
contractor is liable for damages to the owner or even third persons
who suffered damages due to such destruction.
ARTICLE 1732
Q: Discuss the prescriptive period.
Q: Define “common carriers.”
A: The action against the engineer, architect or contractor based on
A: They are persons, corporations, firm, or associations engaged in
the foregoing liabilities must be filed within 10 years following the
the business of carrying or transporting passengers or goods or both,
collapse of the building. Otherwise, it is barred.
by land, water, or air for compensation, offering their services to the
public.
Q: What is the effect of the acceptance of building?

Q: Is a certificate of public convenience a requirement to make a
common carrier liable for damages? A: That extreme measure of care and caution which persons of
unusual prudence and circumspection use for securing and
A: No. That will be against public policy and to reward violators preserving their own property or rights.
precisely for failing to comply with applicable statutory
requirements. NOTE: The highest degree of diligence is mandated to curb the
recklessness of drivers which is a common sight in crowded areas as
Q: Distinguish common carriers from private carriers. well as in highways throughout the country.
A: Q: What is the rationale behind this?
COMMON CARRIER PRIVATE CARRIER A: It is calculated to protect the passengers from the tragic mishap
Persons, corporations, firm, or Those which will not qualify that frequently occur in connection with modern rapid
associations engaged in the under the said definition. transportation. This high standard of care is imperatively demanded
business of carrying or Generally, private carrier is by the preciousness of human life and by the consideration that
transporting passengers or undertaken by special every way be safeguarded against all injury.
goods or both, by land, water, or agreement and the carrier does
air for compensation, offering not hold himself out to carry Q: Where does the liability of common carriers end?
their services to the public. goods for the general public.
Void stipulation The stipulation entered in a A: Only up to the point of destination. After that, in case of
charter party of a vessel transshipment, it is a mere agent of the consignee and will not be
exempting the carrier from liable for loss or damage in the absence of its own negligence or
liability for loss due to the malice.
negligence of its agents is valid
NOTE: A common carrier is not an absolute insurer against the risks
Q: What is the test to determine whether or not a party is a of travel from which the passenger may exercise due care and
common carrier of gods? diligence.
A: Q: May the common carrier avail itself of the defense that it

exercised due diligence in the selection and supervision of its
1. He must be engaged in the business of carrying goods for employees?
others as a public employment, and must hold himself out
as ready to engage in the transportation of goods for A: No.
persons generally as a business and not as a casual
occupation Q: Are contracts of adhesion prohibited?
2. He must undertake to carry goods of the kind to which his
business is confined A: No.
3. He must undertake to carry by the method by which his
business is concluded and over his established roads ARTICLE 1734
4. The transportation must be for hire
GR: Common carriers are responsible for the:
Q: What is the ultimate test? a. Loss
b. Destruction
A: The true test is whether it is his legal duty to carry for all alike. c. Deterioration of the goods which they agreed to transport
to certain destinations
Q: What law governs the contract of private carriers?
XPNs: If the following occurrences are present:
A: The parties will be governed by the law on obligations and
contracts and not by the rules of common carriers. 1. Flood, storm, earthquake, lightning, or other natural
disaster or calamity
Q: What is the rule in case of towage contract? 2. Act of the public enemy in war, whether international or
civil
A: It is not a contract of carriage of goods. Hence, the liability of 3. Act or omission of the shipper or owner of the goods
common carrier does not attach to a towage contract. 4. The character of the goods or defects in the packing or in
the containers
NOTE: The tug and its owners must observe ordinary diligence in the 5. Order or act of competent public authority
performance of its obligation under a contract of towage.
NOTE: The common carrier will still be liable if the injury caused
A customs broker may be regarded as a common carrier. might have been avoided by the exercise of reasonable skill and
attention on the part of those employed in the conveyance of the
ARTICLE 1733 goods.
Extra-Ordinary Diligence
Fortuitous event
Q: Explain the concept of extra-ordinary diligence.
The natural disaster must have been the proximate cause of the loss, XPN: The responsibility of the common carrier is now converted into
destruction or deterioration in order that the common carrier be that of an ordinary depositary.
exempted from liability. Even then, the carrier is still required to
exercise due diligence to prevent or minimize the damage ARTICLE 1738
Storage of the goods in the carrier’s warehouse
Public enemy
The responsibility shall continue until the consignee has been
This presupposes a state of war between a foreign country and the advised of the arrival of the goods and their readiness to be picked
country to which the common carrier belongs or when a vessel or up and has had the opportunity to remove or dispose of them. The
airplane is involved, the country where it is registered. advice is not enough, the consignee must have been afforded the
full opportunity to take them or dispose of them.
Q: Are robbers and thieves considered as public enemies?
ARTICLE 1739
A: No, hence, common carriers are liable when the loss is due to
robbery or thievery. Q: Discuss the applicability of the article.
ARTICLE 1735 A: The article applies only when the proximate and only cause of the
loss, destruction or deterioration is a natural disaster or calamity
NOTE: When the goods are accepted by the common carrier for such as flood, storm, earthquake or lightning.
transportation are lost, destroyed, or deteriorated, there is a
presumption of fault or negligence on the part of the common Q: Should the proximate cause be the immediate cause?
carrier. The presumption is rebuttable.
A: No. It is sufficient if the immediate cause or the final act was set
ARTICLE 1736 in motion by the natural calamity or disaster, and followed it in
Extent of period of extra-ordinary responsibility natural calamity or disaster, and followed it in natural and continues
sequence, unbroken by any efficient intervening cause.
Q: Discuss the extent of period of responsibility.
ARTICLE 1740
A: It lasts from the time the goods are unconditionally put in the
possession of and received by the said carrier until the same are Q: What is the effect of delay in transporting of goods?
delivered to the consignee or person who has the right to receive
them. A: The occurrence of a natural disaster which proximate the loss,
destruction or deterioration of the goods will not exempt the
Thus, the common carrier’s responsibility lasts only while the goods common carrier from responsibility if there was delay in the
continue to be in their possession and ceases after they had lost transportation of the goods.
control of them.
ARTICLE 1741
Q: Discuss the responsibility of the carrier for misdelivery?
Q: What is the effect of contributory act of shipper or owner to the
A: They are liable for the damage caused. The responsibility is not damage?
even excused even if the shipper has already attempted to recover
the value of the said goods from such person. The action to recover A: The common carrier remains liable subject to an equitable
is not a ratification of the act or misdelivery or a waiver of his right reduction of the imposable damages, the amount of which will be
of action against the carrier. determined by the court in the exercise of its sound discretion.
Q: Discuss the prescription period. ARTICLE 1742

Character of the goods or defects in the packing or in the
A: containers
1. 10 years from accrual if the action if the same is premised The character of the goods or defects in the packing or in their
on a written contract containers is one cause which exempts a common carrier from
2. 4 years if the action is based on quasi-delict responsibility.
3. If the action is grounded on loss of goods, it must be filed
within 1 year only from the time of the loss However if the common carrier or its employees are aware of the
faulty or defective packing or the containers, the carrier must
ARTICLE 1737 exercise due diligence to prevent or lessen the damage.
Effect of temporary unloading of goods or storage in transitu
ARTICLE 1743
Q: What kind of diligence is required in case of temporary Seizure or destruction by order of public authority
unloading of goods or storage of goods in transitu?
NOTE: The common carrier must show that the seizing public
A: Still, extra-ordinary diligence authority must have judicial power to do so.
ARTICLE 1744
Q: What are the requisites for a valid limitation on the common ARTICLE 1748
carrier’s liability?
Q: What is the rule on the delay on account of strikes or riots?
A:
A: They are beyond the control of the common carriers, thus they
1. Written agreement on the limitation of liability signed by are exempted, unless they are the cause thereof. Thus an agreement
the parties to limit the liability of the common carrier by reason of strikes or
2. It is supported by a valuable consideration other than the riots of which it had nothing to do, is a valid agreement.
very service rendered by the common carrier
3. The agreement is reasonable, just, and not contrary to Q: What is strike?
public policy.
A: Any temporary stoppage of work by the concerted action of
NOTE: If the agreement is oral, it is void. employees.
ARTICLE 1745 Q: What is riot?
Liability for thieves and robbers A: A public disturbance of the peace of a serious nature, committed
by 3 or more persons, assembled to carry out a common purpose.
When the robbery or thievery was perpetrated with grave and
irresistible violence or force such as when done with the use of the ARTICLE 1749
arms, the occurrence of the loss must reasonably be regarded as
fortuitous event. Only the value which appears on the bill of lading will be paid unless
a higher valuation has been declared.
Q: Can the liability be dispensed with by stipulation?
ARTICLE 1750
A: No.
Q: What are the requirements for a valid agreement fixing the
ARTICLE 1746 amount recoverable by the shipper or the owner of the goods?
Q: Discuss the applicability of this article. A:
A: The article applies only if there is an agreement signed by the 1. The contract is reasonable and just under the
shipper or owner of the goods limiting of the common carrier in case circumstances
of loss, destruction, or deterioration of the goods. It cannot apply to 2. It has been fairly and freely agreed upon
carriage of passengers because the same is not subject to
stipulation. NOTE: Fine prints on airplane tickets do no warrant the presumption
that the passenger was aware of the conditions therein.
Q: Does the article allow unilateral act of annulment?
ARTICLE 1751
A: No. There is a need for judicial action for annulment.
NOTE: Absence of competitor is a factor in determining
Q: What is the nature of the case? reasonableness and fairness of limitation on liability of common
carrier.
A: Summary.
ARTICLE 1752
ARTICLE 1747
An agreement limiting the liability of the common carrier in case of
Q: What are the effects of delay or change of route without just loss, destruction or deterioration of the goods carried, does not in
cause, the limitation of liability cannot apply. What are the any way abolish the presumption of negligence on the part of the
situations contemplated? common carrier.
A: ARTICLE 1753
1. If there was delay in the transporting of goods Q: When does the provision apply?
2. If there was a change in the stipulated or usual route
A: Only when the place of departure is a country different from the
Q: What may be the valid reasons for the change of route? place of destination. Thus, the conflicts rule finds operation in case
of loss, destruction or deterioration of the goods on coverage
A:
NOTE: In this case, it does not matter whether the goods reached
1. To avoid path of a typhoon, if a vessel is involved their services or not.
2. To avoid pirates in the high seas
3. To make necessary repairs Q: When is the proof of foreign law not required?
Q: When is there an automatic presumption of fault or negligence
A: When the foreign law sought to be made applicable is American in the contract of carriage?
law.
A: In case of death or injuries caused to passengers.
ARTICLE 1754
Q: What are the remedies of a passenger who is injured due to the
Q: State the rules in case of passenger’s baggage. negligence of the driver of a common carrier?
A: A:
BAGGAGE IN PERSONAL BAGGAGE NOT IN THE 1. File a criminal case against the driver. The civil liability is
CUSTODY OF PASSENGER PERSONAL CUSTODY OF prosecuted in the same criminal case. If the driver is found
PASSENGER OR HIS EMPLOYEE guilty and is condemned to pay the indemnity, the carrier’s
The responsibility as hotel- The rule on the common liability is subsidiary.
keeper will apply carrier’s duty of vigilance over 2. File a criminal case but may prosecute the civil aspect
the goods applies, meaning, the independently
observation of extra-ordinary 3. File a civil case based on the contract of carriage against
vigilance the common carrier.
Q: What is the effect of non-payment of baggage fare? Q: What is “kabit system”?
A: This failure does not exempt the common carrier from its A: It is an agreement whereby a person who has been granted a
responsibility of assuring the safety of goods certificate of public convenience allows other persons who own
motor vehicles to operate them under his license. This is contrary to
ARTICLE 1755 public policy.
Q: What is the rationale behind the requirement of utmost Principle of last clear chance
diligence?
Q: Does the principle of last clear chance apply where the
A: Preciousness of human life. passenger demands responsibility from the carrier to enforce its
contractual obligation?
Q: Describe the liability of the common carrier.
A: No.
A: It is direct and immediate.
ARTICLE 1757
Q: Who are considered “passengers”?
NOTE: Under Articles 1733 and 1744, the diligence required to
A: He is a person who rides on a vehicle of a common carrier with common carriers for the safety of passengers is extra-ordinary
the consent of the latter for the purpose of reaching a particular diligence or utmost diligence of very cautious persons.
destination, and generally for a fixed fare.
Q: Can there be stipulation to dispense with or lessen
Q: What is the nature of the contract of carriage of passengers? responsibility of common carriers in safety of passengers?
A: It is a consensual contract. However, for the attachment of the A: The norm of diligence cannot be compromised or be the subject
liability of the common carrier, the reckoning point is the time when of stipulation for its elimination or mitigation. Public policy is
the passenger has actually boarded the means of transportation. involved. Notices, printed statements on ticket whether on fine or
not by any other means of publication, dispensing with the specified
Q: Who are not considered as passengers? responsibility or its lessening, are not binding to the passengers.
They are avoided.
A:
NOTE: Mitigation of liability with regard to the safety of goods is
1. A person who did not pay the required fare allowed but not with the lives and limbs of passengers. In carriage of
2. A rider who refuses to alight for an unreasonable length of goods, there may also be mitigation with respect to award of
time after having been accorded several opportunities to damages.
safely alight from the train, vessel, etc.
ARTICLE 1758
In these instances, the required diligence is only the diligence of a
good father of family. Free or gratuitous ride
The passengers are not only entitled to safe arrival but also to fair Q: What is the rule in case of free or gratuitous ride?
treatment during the travel
A: The liability of the common carrier for negligence may be validly
ARTICLE 1756 be limited by the parties. That is only fair. The said passenger may
not get all the benefits.
ARTICLE 1761
Riding on reduced fares Passenger must observe ordinary diligence
Q: State the rule in case of reduced fares. Q: What is the required diligence for passengers?
A: He is entitled to stringent norm of extra-ordinary diligence on the A: Only ordinary diligence.

part of the common carrier. The reduced fare does not make them
less human. The reduction of the fare, unlike a free ride, does not Q: Discuss how this article applies.
justify any limitation in the carrier’s liability.
A: It applies to invited guests or accommodation passengers who are
Q: What is the rule on limited guests or accommodation extended free ride as gesture of courtesy or kindness. Thus, if the
passengers? said passenger falls off the vehicle by the reason of his negligence,
the carrier will not be held responsible therefor.
A: In the absence of any agreement on the limitation of liability of
the common carrier, of invited guests or accommodation passengers ARTICLE 1762
are involved in an accident arising from fault or negligence of the Contributory negligence of passenger
carrier, they are entitled to reasonable care as passengers. However,
they must exercise the diligence of a good father of family to avoid Q: What is contributory negligence?
injuries to themselves.
A: The act or omission amounting to want of ordinary care on the
Q: What is the status of bus conductors or inspectors? part of the person injured which concurring with the defendant’s
negligence, is the proximate cause of the injury. It must be shown
A: Bus conductors or inspectors of common carriers are not that he performed an act that brought about his injuries in disregard
considered as passengers but employees of the carrier. If something of warnings or signs of an impending danger to health and body.
happened to them during the trips, they are entitled to different
rights and privileges under the Labor Code. Q: State the effects of contributory negligence.
ARTICLE 1759 A:
Negligence or willful acts if common carriers’ employees resulting
in death or physical injuries to passengers ACT EFFECT
If the sole cause of the He cannot recover damages
Q: State the rule in case of negligence or willful acts if common passenger’s death or injuries is from the common carrier
carriers’ employees resulting in death or physical injuries to his own fault
passengers. If the negligence of the There can be recovery from the
passenger is merely contributory common carrier but the amount
A: A contract of carriage generates a relation attended with public and the proximate of his death of damages shall be equitably
duty, neglect or malfeasance of employees of the carrier gives or injuries is the negligence of reduced
ground for action for damages against the latter. the common carrier
Q: Is the defense that the common carrier exercised due diligence Q: Does the so-called “emergency rule” exempt the common
in the selection and control of employees valid? carrier?
A: No. The liability of the common carrier is not dependent on the A: Yes. Where a carrier’s employee is confronted with a sudden
question of whether the employees are acting within the scope of emergency, the fact that he is obliged to act quickly and without a
their assigned tasks or in their line of duty, but rather on their broad chance for deliberation must be taken into consideration and he is
duty as common carriers to protect their passengers from assault. not held to the same degree of care that he should otherwise be
required to exercise in the absence of such emergency but must
Q: What are the only valid defense? exercise only such care as an ordinary prudent person would
exercise under like circumstances and conditions, and the failure on
A: his part to exercise best judgment the case renders possible does
not establish lack of care or skill on his part which renders the
1. Force majeure company liable.
2. Observance of extra-ordinary diligence as prescribed by
Articles 1733 and 1755. ARTICLE 1763
Willful acts or negligence of other passengers or strangers
ARTICLE 1760
GR: The extra-ordinary diligence requirement does not apply when
NOTE: The stringent norm in Article 1759 cannot be eliminated or intervening acts of strangers directly cause the injury while the
limited by: contract exists.
a. Stipulation of parties
b. Posting of notices XPN: The common carrier becomes liable when the former’s
c. Statement on the tickets employees were aware of the on-going damaging event but did
d. Other means of communication nothing to prevent it, although it is still within their power of
influence to do so.
A: There are numerous instances where in the absence of pre-
COMMON PROVISIONS existing contratual relations, and there being neither a crime nor a
ARTICLE 1764 quasi-delict, a quasi-contractual relation properly arises hee in order
that unjust enrichment may be avoided.
Q: When are moral damages recoverable?
Q: When can a gestor act as such?
A: Only when the following are present:
A:
1. The mishap results in the death of a passenger and
2. It is proved that the carrier was guilty of fraud and bad 1. When there is no administrator or representative of the
faith even if death does not result owner who is charged with the management of his affairs
2. The gestor’s acts are foreign to the idea of express or tacit
Q: Discuss the liability of the common carrier in case of death of mandate on the part of the owner, or even without his
passenger. knowledge and
3. The actor is inspired by the benefit idea of averting losses
A: The common carrier is liable for the following: and damages to the owner or the interested party with no
motive of avaricious idea of gain
1. Indemnity for death
2. Indemnity for los of earning capacity Q: What are the requisites for negotiorum gestio?
3. Moral damages
A:
ARTICLE 1765
1. A business or property has been neglected or abandoned
NOTE: The Public Service Commission has been abolished and has by the owner
been replaced by the Land Transportation Commission. 2. A concerned person lawfully and voluntarily takes over the
management of the business or property of the owner.
ARTICLE 1766 The concerned person is called as officious manager or
negotiorum gestor.
NOTE: In all conflicts between the New Civil Code and the Code of 3. The owner did not expressly or impliedly authorized the
Commerce and existing special laws, the New Civil Code must prevail negotiorum gestor to manage the business or property
in so far as common carriers are concerned. 4. The manager has no motive of avarice
Q: In qausi-contracts, is there a meeting of minds?
TORTS INVOLVING DEPOSIT AND LOSS OF THINGS IN HOTELS A: Yes but only by fiction of law. It is deemed provided by law so
that no one shall be enriched at the expense of another.
NOTE: Where the loss of a hotel guest’s money was consummated
through the negligence of the hotel employees in allowing the ARTICLE 2145
companion of said guest to open the safety deposit box without the
guest’s consent, both the assisting employees, operator, and hotel Q: What are the duties of an officious manager?
owner are solidary liable for the loss.
A:
Q: Can there be tort liability even if there is already a contractual
relation? 1. He is under the obligation to manage the same with the
diligence of a good father of a family. If by reason of his
A: Yes. fault or negligence, the owner of the property or business
has suffered damages, the officious manager is liable for
the resulting damages.
2. The NG shall continue the management of the business or

TORTS INVOLVING QUASI-CONTRACTS
property until the termination of the affair and its
(Arts. 2144, 2145, 2146, 2147, 2148, 2150, 2151 and 2159)
incidents. He cannot just leave the business or property to
the prejudice of the owner.
Negotiorum Gestio
ARTICLE 2144
Q: What is negotiorum gestio? 3. The manager may ask the court to appoint someone as
representative for the owner when the latter’s
A: It is a kind of quasi-contract where someone called gestor takes disappearance has taken a long time.
the management of the business of another person known as the
owner without consent or authority of the latter. Status of a contract entered by the NG
Q: What is the rationale behind quasi-contracts? Q: What is the status of a contract entered by the NG?
A: They are considered as unenforceable contracts.

A: If the NG assumed the management to save the business or
Q: What are the consequences of prohibited management? property from impending or imminent danger
A: If despite prohibition from the owner, the manager still insists, it NOTE: Even if the business did not become successful, if the owner
is submitted that the owner must still reimburse the manager to the has ratified the management of the NG, the same has the effect of
extent that the latter has been benefitted. Howerver, if the owner creating an express agency.
suffered losses by the acts of the officious manager, it is only fair
that the latter shall be answerable therefor. ARTICLE 2150
Q: Give examples of prohibition. NOTE: If the owner has enjoyed or benefited from the officious
management of his business or property, even if he did not ratify the
A: management, he is required to reimnburse the NG for the latter’s
expense and damages suffered in the course of the performance of
1. Property is fenced without any door or opening his duties as such.
2. If on the property thete is a notice like “private property,
no trespassing” ARTICLE 2151
3. Notice made by the owner to the manager
4. A restraining order NOTE: If the officious manager has acted in good faith and the
business or property is intact and ready to be restored to the owner
Q: State the authority of the court in fixing the indemnity. by the NG, the owner is liable to pay the latter for the necessary and
useful expenses incurred and for the damages suffered while in the
A: The court may increase the indemnity if the circumstances so performance of the his duties as gestor. This liability attaches even if
warrant, when by the fault or negligence of the NG the owner there is no impending danger to be averted by the gestor.
suffered damages.
Extinguishment of managememt
ARTICLE 2146
Q: How is the officious management extinguished?
Q: What is the effect of NG’s delegation of duties?
A:
A: If the NG delegated his duty to another and the latter
mismanaged the business or property causing damage to the owner, 1. When the owner repudiates it or puts an end thereto
the NG is responsible for the acts of the delegate. The owner has 2. When the officious manager withdraws from the
also the right to direclty seek damages against the delegate. The management, subject to the provisions of Article 2144
owner cannot recover damages twice againts the NG. 3. By the death, civil interdiction, insanity, or insolvency of
the owner or the officious manager
ARTICLE 2147
SOLUTIO INDEBITI
Q: Is the NG liable despite fortuitous event? ARTICLE 2154
A: Yes. Q: What is the concept of solutio indebiti?
Q: What are the instances? A: This is a quasi-contract where a person receives something that is
not due to him and there arises by operation of law the
A: corresponding obligation to return the same to avoid unjust
enrichment on the part of the recipient.
1. If he undertakes risky operations which the owner was not
accustomed to embark upon Q: State the requisites for Solutio indebiti.
2. If he has preferred his own interest to that of the owner
3. If he fails to return the property of business after demand A:
by the owner
4. If he assumed the management in bad faith 1. The one who paid or delivered was not under any
obligation to do so; the recipient has no right to demand
ARTICLE 2148 for payment or delivery of the thing
2. The payment was made by reason of essential mistake of
Other instances: fact not through liberaity or another’cause
Presumption of mistake
1. If he is manifestly unfit to carry on the management of the
business or property of the owner Q: Explain this presumption.
2. If by his intervention, he prevented a more competent
person from taking over the management of the business A: It is presumed that there was mistake in the payment of
or property something which had never been due or had already been paid, was
delivered; but he from whom the return is claimed may prove that
Q: What is the exception to the liability? the delivery was made out of liberality or for another just cause.

Responsibility of 2 or more payees in solutio indebiti
NOTE: If 2 or more payees have recovered something not due to

them, they are solidary liable to the owner or person entitled
thereto.
ARTICLE 2159
Q: What are the effects of accepting the undue payment in bad REFERENCES:
faith?
 DE LEON, Hector S. Comments and Cases on Torts and
A: He shall be liable: Damages. 2012. Rex Bookstore.
 PINEDA, Ernesto L. Torts and Damages (Annotated). 2009
1. For payment of legal interest (6% per annum) if money is Edition. Central Bookstore.
involved
2. For the fruits received ro which should have been received
if the thing is fruit-producing
3. For the loss or impairment of the thing from any cause
(including fortuitous event)
4. For damages suffered by the payor or deliverer
Q: What is the rationale behind this?
A: The recipient has assumed all risks for having acted in bad faith or
fraudulently.
Q: What are the effects when the recipient acted in good faith in
accepting undue payment?
A: He shall only be liable:
1. For the impairment or loss of the thing or its accessories or

accessions insofar as he has been benefited
2. For the return of the price, if the thing has been alienated
3. For the assignment of the credit or action to collect the
said price or sum if the price had not been collected yet
Q: What is the prescriptive period for quasi-contracts?
A: A quasi-contract must be filed within 6 years. Otherwise, it

prescribes.
TORTS IN ANTI-SEXUAL HARASSMENT ACT (RA 7877)
NOTE: When there is sexual harassment, the employer is made

liable solidarily with the offender, if the former after having been
informed of the act by the offended party did not make any
immediate action against the offender.
A claim for damages under this law is based on a crime. the

offended party is not precluded from filing a separate action for
damages and other affirmative relief under the Civil Code.


Hizon Notes - Torts PDF

Încărcat de

Informații document

Descriere originală:

Titlu original

Drepturi de autor

Formate disponibile

Partajați acest document

Partajați sau inserați document

Opțiuni de partajare

Vi se pare util acest document?

Este necorespunzător acest conținut?

Drepturi de autor:

Formate disponibile

Hizon Notes - Torts PDF

Încărcat de

Drepturi de autor:

Formate disponibile

NOTES ON TORTS AND DAMAGES

Kenneth and King C. Hizon _________________________________________________________________________________________________________________

TORTS AND DAMAGES

QUASI-DELICT c. to interfere intentionally with a contract;

Facultad de Derecho Civil 2

(De Leon, 2012) Damages and other remedies

B. TORT LIABILTIY In some cases, a punitive damages award may be added to

Facultad de Derecho Civil 5

Facultad de Derecho Civil 6

Q: What is the nature of the right invaded?

Q: Is intoxication constitutive of negligence? Intentional Tort

A: No. If a person’s conduct is characterized by a proper degree of Q: What is “intentional tort”.

Materiality of intent b. But in some instances, even a lawful act

Facultad de Derecho Civil 9

A: Q: What are the exceptions to the “No duty-to-act rule”?

Facultad de Derecho Civil 10

Q: In case of quasi-delict, what if there is a pre-exisitng contract

Q: State the coverage of negligence in Art. 2176? A:

A: GR: The proper cause of action is breach of contract (culpa

2. Expanded concept of quasi-delict- quasi-delict is broad A:

Facultad de Derecho Civil 12

Facultad de Derecho Civil 13

In determining the issue of negligence where loss or damage ORDINARY EXTRA-ORDINARY

Q: What is the essence of fortuitous event? DOCTRINE OF ASSUMPTION OF RISK

Facultad de Derecho Civil 15

Q: How can this assumption of risk arise? Contributory negligence

Q: What do you mean by “natural and probable Q: Distinguish “foreseeability or probability

Facultad de Derecho Civil 17

Facultad de Derecho Civil 18

Q: Explain the Doctrine of Last Clear Chance. 1. Collapse of a building or structure

A: The owners and managers of an establishment or enterprise are

Facultad de Derecho Civil 20

Q: What are “quasi-torts”? Nature Of The Responsibility Of The Vicarious Obligor

Q: What if the minor is already married?

A: Q: How can the employer overcome the “legal presumption” of

Facultad de Derecho Civil 23

Q: What is the degree of diligence required in case of common A:

State’s imputed liability Imputed liability of teachers and heads of schools

Facultad de Derecho Civil 25

DOCTRINE OF STRICT LIABILITY A:

A: NOTE: Motor vehicle owners or operators are now required to have

Acceptance of the building, after completion, does A:

Facultad de Derecho Civil 31

A: They are generally solidarily liable. A: No (De Leon, 2012).

Q: When will not the jointfeasors be solidarily liable?

a. Where the independent concurring acts have caused

Q: What does “joint tortfeasors” include?

A: It includes all persons who command, instigate, promote,

Existence of a concert of action or breach of a joint duty

NOTE: Cases in which there is a concert of action or a common plan

Thus, the following are instances when the there is joint

1. concert of action or common plan

Q: Is the bus operator a co-principal for the tort committed by its

A: No, hence, it cannot be made solidarily liable under Art. 2194

Q: What is the effect on the employers if both drivers of colliding

A: The drivers as well as the owners of the

Prescription of action upon a quasi-delict

Q: How is the prescriptive period counted?

Facultad de Derecho Civil 32

1. Law Q: What do you mean by principle of abuse of right?

Facultad de Derecho Civil 34

Q: What is the purpose of the law? ACTUAL AND COMPENSATORY DAMAGES