BOOK I – TORTS

TORT
 An unlawful violation of private right, not created by contract, and which gives rise to an
action for damages.
 It is an act or omission producing an injury to another, without any previous existing lawful
relation of which the said act or omission may be said to be a natural outgrowth or incident.

NOTES:
 An unborn child is NOT entitled to damages. But the bereaved parents may be entitled to
damages, on damages inflicted directly upon them. (Geluz vs. CA, 2 SCRA 802)
 Defendants in tort cases can either be natural or artificial being. Corporations are civilly liable
in the same manner as natural persons.
 Any person who has been injured by reason of a tortious conduct can sue the tortfeasor.
 The primary purpose of a tort action is to provide compensation to a person who was injured
by the tortious conduct of the defendant.
 Preventive remedy is available in some cases.

I. Principles

A. Abuse of Right; Elements (ART.19)

 Sets certain standard which must be observed not only in the exercise of
one’s rights but also in the performance of one’s duties. These standard are:
1. to act with justice
2. to give everyone his due and
3. observe honesty and good faith
 Elements:
a. Legal right or duty;
b. The right or duty is exercised in bad faith; and
c. For the sole intent of prejudicing or injuring another.
 EXAMPLE: If the principal unreasonably terminated an agency agreement for
selfish reasons. (Valenzuela vs. CA, 190 SCRA 1)
NOTE: This rule is a departure from the traditional view that a person is not liable for
damages resulting from the exercise of ones right.

B. Unjust Enrichment 22
Every person who through an act of performance by another, or any other
means, acquires or comes into possession of something at the expense of the
latter without just or legal ground, shall return the same to him

C. Liability without Fault 23

Even when an act or event causing damage to another's property was not due
to the fault or negligence of the defendant, the latter shall be liable for
indemnity if through the act or event he was benefited.

D. Acts Contrary to Law Article 20 of the Civil Code

Speaks of the general sanction for all other provisions of law which do not
especially provide for their own sanction.
NOTE: Article 20 does not distinguish; the act may be done willfully or
negligently.