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I. TORTS
San Beda College of Law
TORTS AND DAMAGES
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.
Classes of Torts:
A. Negligent Torts
B. Intentional Torts
C. Strict Liability
MEMORY AID IN CIVIL LAW
A. NEGLIGENT TORTS
Involve voluntary acts or omissions
which result in injury to others
without intending to cause the same
or because the actor fails to exercise
due care in performing such acts or
omissions.
NEGLIGENCE
The omission of that degree of
diligence which is required by the
nature of the obligation and
corresponding to the circumstances
of persons, time and place. (Article
1173 Civil Code)
Kinds of Negligence:
1. Culpa Contractual (contractual
negligence)
Governed by CC
provisions on
Obligations and
Contracts,
particularly Arts.
1170 to 1174 of the
Civil Code.
2. Culpa Aquiliana (quasi-delict)
Governed mainly by Art. 2176 of the
Civil Code
3. Culpa Criminal (criminal negligence)
Governed by Art. 365 of the Revised
Penal Code.
NOTES:
The 3 kinds of negligence furnish
separate, distinct, and independent
bases of liability or causes of action.
A single act or omission may give rise
to two or more causes of action.
Culpa Contractual Culpa Aquiliana
CIVIL LAW COMMITTEE
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON : Vida Bocar, Joyce
Vidad EDP : Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations),
Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah
prudent man
a reasonable man deemed to have
knowledge of the facts that a man should
be expected to know based on ordinary
human experience. (PNR vs IAC, 217
SCRA 409)
- a prudent man who is expected to know
the basic laws of nature and physics, e.g.
gravity.
SPECIAL RULES
1. Children
The action of the child will not
necessarily be judged according to
the standard of an adult. But if the
minor is mature enough to
understand and appreciate the
nature and consequence of his
actions, he will be considered
negligent if he fails to exercise due
MEMORY AID IN CIVIL LAW
care and precaution in the
commission of such acts.
NOTES:
The law fixes no arbitrary age at
which a minor can be said to have
the necessary capacity to understand
and appreciate the nature and
consequence of his acts. (Taylor vs.
Meralco, 16 Phil 8)
Applying the provisions of the
Revised Penal Code, Judge Sangco
takes the view that a child who is 9
or below is conclusively presumed to
be incapable of negligence. In the
other hand, if the child is above 9
years but below 15, there is a
disputable presumption of absence
of negligence.
Absence of negligence does not
necessarily mean absence of
liability.
Liability without fault: a child under
9 years can still be subsidiarily liable
with his property (Art. 100, RPC)
Absence of negligence of the child
4. Nature of activity
There are activities which by
nature impose duties to exercise
a higher degree of diligence.
Examples:
a. Banks, by the very
nature of their work, are
expected to exercise the
highest degree of
diligence in the selection
and supervision of their
employees.
b. Common carriers are
required to exercise
extraordinary diligence
in the vigilance over
their passengers and
transported goods.
(Article 1733 Civil Code).
5. Intoxication
GENERAL RULE: Mere intoxication is
not negligence, nor does the mere fact
of intoxication establish want of ordinary
care. But it may be one of the
circumstances to be considered to prove
negligence.
EXCEPTION: Under Art. 2185 of the
Civil Code, it is presumed that a person
driving a motor vehicle has been
negligent if at the time of the mishap,
he was violating any traffic regulation.
6. Insanity
The insanity of
a person does
not excuse him
or his guardian
from liability
based on quasidelict.
Bases for
holding an
insane person
liable for his
tort:
MEMORY AID IN CIVIL LAW
a.Where one of two innocent persons
must suffer a loss, it should be
rule
promulgated
by
administrative
agencies is not
negligence per
se but may be
EVIDENCE OF
NEGLIGENCE.
3.Private Rules of Conduct.
Violation of
rules imposed
by private
individuals
(e.g.
employers) is
merely a
POSSIBLE
EVIDENCE OF
NEGLIGENCE.
MEMORY AID IN CIVIL LAW
B. PRACTICE AND CUSTOM
Compliance with the practice and
custom in a community will not
automatically result in a finding
that the actor is not guilty of
negligence. Non-compliance with
the practice or custom in the
community does not necessarily
mean that the actor was negligent.
In Yamada vs. Manila Railroad Co.,
the owner of an automobile struck
by a train while crossing the tracks
sought to establish absence of
negligence of its driver by
evidence of a custom of
automobile drivers of Manila by
which they habitually drove their
cars over the railroad crossings
without slackening speed. The SC
rejected the argument by ruling
that: a practice which is dangerous
to human life cannot ripen into
custom which will protect anyone
who follows it.
C. COMPLIANCE WITH STATUTES
A. Presumptions of Negligence
1. In motor vehicle
mishaps, the owner is
presumed negligent if he
was in the vehicle and he
could have used due
diligence to prevent the
misfortune. (Article 2184
Civil Code)
2. It is disputably presumed
that a driver was
negligent if he had been
found guilty of reckless
driving or violating
traffic regulations at
least twice for the next
preceding two months.
(Article 2184 Civil Code)
3. The driver of a motor
vehicle is presumed
negligent if at the time
of the mishap, he was
violating any traffic
regulation. (Article 2185
Civil Code)
4. GENERAL RULE: Prima
facie presumption of
negligence of the
defendant arises if death
or injury results from his
possession of dangerous
weapons or substance.
EXCEPTION: When such possession or
use is indispensable to his occupation or
business. (Article 2188 Civil Code)
5. GENERAL RULE:
Presumption of
negligence of the
common carrier arises in
case of loss, destruction
or deterioration of the
goods, or in case of
death or injury of
passengers.
EXCEPTION: Upon proof of exercise of
extraordinary diligence.
4. Banks
The business of banks is one
affected by public interest.
Because of the nature of its
functions, a bank is under
obligation to treat the
accounts of its depositors with
meticulous care, always
having in mind the fiduciary
nature of their relationship.
(PBC vs. CA [1997])
5. Common carriers
From the nature of their
business and for reasons of
public policy, they are bound
to exercise extraordinary
diligence in the vigilance over
the goods and the safety of the
passengers.
The case against the common
carrier is for the enforcement
of an obligation arising from
breach of contract.
The same act which breached
the contract may give rise to
an action based on quasi
delict. (Air France vs
Carrascoso, L21438, Sept. 28,
1996)
6. Doctors
A. STANDARD OF CARE
The proper standard is
whether, the physician if a
general practitioner, has
exercised the degree of care
and skill of the average
qualified practitioner, taking
into account the advances in
the profession.
A physician who holds himself
out as a specialist should be
held to the standard of care
and skill of the average
member of the profession
practicing the specialty, taking
CIVIL LAW COMMITTEE
b. Contributory
negligence
Conduct on the part of the
injured party contributing as a
legal cause to the harm he has
suffered which falls below the
standard to which he is required to
conform for his own protection.
(Valenzuela vs. CA 253SCRA303)
If the plaintiffs negligence was
only contributory, the immediate
and proximate cause of the injury
being the defendants lack of due
care, the plaintiff may recover
damages but the courts shall
mitigate the damages to be
awarded (Article 2179 Civil Code).
Doctrine of Comparative
Negligence
The
relative degree of negligence of
the parties is considered in
determining whether and to what
degree, either should be
responsible for his negligence
(apportionment of damages).
This is
the doctrine being applied in our
jurisdiction wherein the
contributory negligence of the
plaintiff does not completely bar
recovery but merely results in
mitigation of liability; it is a partial
defense.
The
court is free to determine the
extent of the mitigation of the
defendants liability depending
upon the circumstances.
2. IMPUTED CONTRIBUTORY
NEGLIGENCE
Negligence is imputed if the
actor is different from the person
who is being made liable.
MEMORY AID IN CIVIL LAW
The defendant will be
exerted
on him. (Aquino, Torts
and Damages)
EXAMPLE: When the defendant
was forced to drive his vehicle by
armed men. He was, at pain of
death, forced to drive at a very
fast clip because the armed men
were escaping from the
MEMORY AID IN CIVIL LAW
policemen. The defendant
cannot be held liable, if a
bystander is hit as a
consequence.
CAUSATION
Proximate Cause
That cause which in natural and
continuous sequence, unbroken
by any efficient intervening
cause, produces the injury,
without which the result would
not have occurred.
Remote Cause
That cause which some
independent force merely took
advantage of to accomplish
something not the natural effect
thereof.
Nearest Cause
That cause which is the last link
in the chain of events; the
nearest in point of time or
relation.
Proximate cause is not
necessarily the nearest cause
but that which is the procuring
efficient and predominant
cause.
Concurrent Causes
The actor is liable even
if the active and
substantially
simultaneous operation
of the effects of a third
persons innocent,
person, and it is
impossible to determine
what proportion each
contributed to the
injury, either of them is
responsible for the
whole injury, even
though his act alone
might not have caused
the entire injury; they
become joint tortfeasors
and are
solidarily liable for the
resulting damage under
Article 2194 of the Civil
Code.
NOTE: Primary cause remains the
proximate cause even if there is an
intervening cause which merely
cooperated with the primary cause and
which did not break the chain of
causation.
Tests of Proximate Cause
Two-part test
1. Cause-in-fact Test
2. Policy Test
NOTE: In determining the proximate
cause of the injury, it is first necessary
to determine if the defendants
negligence was the cause-in-fact of the
damage to the plaintiff. (Cause-in-fact
test)
MEMORY AID IN CIVIL LAW
If the
defendants negligence was not
the cause-in-fact, the inquiry
stops.
If it is, the
inquiry shifts to the question of limit
of the defendants liability. (Policy
test)
CAUSE-IN-FACT TESTS:
1. But-For Test
The defendants conduct is the
cause-in-fact if damage would
not have resulted had there been
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and
Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
228
San Beda College of Law
When two or more sets operate
simultaneously to produce the
effect; the effect is overdetermined.
b.
Pre-emptive causation
When, though coming about first
in time, one causal set trumps
another potential set lurking in the
background; the causal potency of
the latter is frustrated.
Multiple causation
If there are a number of
candidate conditions, which,
taken one at a time, would not
in fact have been sufficient to
cause the accident and the
accident was a cumulative effect
of all the candidate conditions.
Policy Tests:
1. Foreseea
bility Test
2. Natural
and Probable Consequence Test
3. Natural
and Ordinary or Direct Consequence
Test
4. Hindsight
Test
5. Orbit of
Risk Test
6. Substanti
al Factor
Test
Policy Tests may be divided into Two
Groups:
1. FORESIGHT PERSPECTIVE/
FORESEEABILITY TESTS
The defendant is not liable for
the unforeseeable consequences
of his acts
Liability is limited within the risk
created by defendants negligent
acts.
2. DIRECT PERSEPECTIVE/ DIRECT
COSEQUENCES TESTS
The defendant
is liable for
damages which
are beyond the
risk.
MEMORY AID IN CIVIL LAW
Direct
consequences
are those
which follow in
sequence from
the effect of
defendants act
upon
conditions
existing and
forces already
in operation at
the time
without
intervention of
any external
forces, which
come into
active
operation
later.
Tests applied in the Philippines:
New Civil Code has a
chapter on Damages
which specifies the kind
of damage for which the
defendant may be held
liable and the extent of
damage to be awarded
to the plaintiff.
Cause-in-fact Tests:
1. But-for test
2. Substantial
Factor test
3. NESS test
Policy
test:
The
directne
ss
approac
h is
being
applied
in this
jurisdict
ion.
NOTE: The definition of proximate cause
which includes the element of foresight
is not consistent with the express
provision of the Article 2202 of the New
Civil Code; a person may be held liable
CIVIL LAW COMMITTEE
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON : Vida Bocar, Joyce
Vidad EDP : Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations),
Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah
Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and
Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
229
San Beda College of Law
whether the damage to the plaintiff may
be unforeseen.
Cause and Conditions
It is no longer practicable to
distinguish between cause and
condition.
The defendant may be liable even if
only created conditions, if the
conditions resulted in harm to either
person or property.
EXAMPLES of Dangerous Conditions:
1. Those that are
inherently
dangerous
2. Those where a
person places a
thing which is
not dangerous in
itself in a
dangerous
position.
3. Those involving
products and
other things
which are
dangerous
because they are
defective.
Efficient Intervening Cause
One which destroys the causal
connection between the
negligent act and the injury and
thereby negatives liability.
There is NO efficient intervening
cause if the force created by the
negligent act or omission have
either:
1. Remained active itself, or
2. Created another force which
remained active until it directly
caused the result, or
3. Created a new active risk of
being acted upon by the active force
that caused the result.
EXAMPLE: The medical findings, show
that the infection of the wound by
tetanus was an efficient intervening
cause later or between the time Javier
was wounded to the time of his death.
(People vs. Rellin 77 Phil 1038)
NOTES:
MEMORY AID IN CIVIL LAW
CIVIL LAW COMMITTEE
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON : Vida Bocar, Joyce
Vidad EDP : Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations),
Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah
conseque
nces of
negligenc
e if such
negligenc
e
directly
and
proximat
ely
cooperat
es with
the
independ
230
San Beda College of Law
ent
cause in
the
resulting
injury.
CONTRIBUTORY NEGLIGENCE
A. Plaintiffs negligence is
the cause
Plaintiffs
negligence is
not contributory
if it is necessary
and sufficient to
produce the
result.
EXAMPLES:
1. Only the
plaintiff
was
negligent
.
2. Defendan
ts
negligenc
e is not a
part of
the
causal
set which
is a part
of the
causal
chain.
3. Plaintiff
s
negligenc
e was
preemptive
in
nature.
B. Compound Causes
P
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231
San Beda College of Law
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MEMORY AID IN CIVIL LAW
CIVIL LAW COMMITTEE
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON : Vida Bocar, Joyce
Vidad EDP : Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations),
Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah
Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and
Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
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232
San Beda College of Law
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MEMORY AID IN CIVIL LAW
CIVIL LAW COMMITTEE
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON : Vida Bocar, Joyce
Vidad EDP : Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations),
Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah
Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and
Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
e
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233
San Beda College of Law
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MEMORY AID IN CIVIL LAW
CIVIL LAW COMMITTEE
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON : Vida Bocar, Joyce
Vidad EDP : Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations),
Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah
Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and
Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
n
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234
San Beda College of Law
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MEMORY AID IN CIVIL LAW
C. Part of the same causal
set
Neither plaintiffs negligence
nor defendants negligence
alone is sufficient to cause
the injury; the effect would
result only if both are present
together with normal
background conditions.
Negligence of the plaintiff
cooperated with the
CIVIL LAW COMMITTEE
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON : Vida Bocar, Joyce
Vidad EDP : Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations),
Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah
Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and
Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
y
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)
235
San Beda College of Law
negligence of the defendant
in order to bring about the
injury; determination of
proximate cause is only a
matter of degree of
participation.
D. Defendants Negligence
is the Only cause
Defendants negligence was
sufficient AND necessary to
bring about the injury.
However, if plaintiffs
negligence increased or
aggravated the resulting
damage or injury liability of
the defendant should also be
If
t
h
e
p
ri
n
c
i
p
a
l
MEMORY AID IN CIVIL LAW
CIVIL LAW COMMITTEE
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON : Vida Bocar, Joyce
Vidad EDP : Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations),
Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah
Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and
Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
u
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237
San Beda College of Law
NOTE: This rule is a departure from the
traditional view that a person is not
liable for damages resulting from the
exercise of ones right.
2. Article 20 of the Civil Code
Speaks
of the
general
sanction
for all
other
provisio
ns of
law
which
do not
especial
ly
provide
for their
own
sanction
.
.
(
V
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)
MEMORY AID IN CIVIL LAW
NOTE: Article 20 does not distinguish;
the act may be done willfully or
negligently.
of his parental
expectation.
(Geluz vs. CA
2SCRA802)
The right of the employer to
dismiss an employee should
not be confused with the
manner in which the right is
exercised and the effects
flowing therefrom;
If the dismissal was done antisocially
and
oppressively, the
employer should be deemed
to have violated Article 1701
of the Civil Code (which
prohibits acts of oppression
by either capital or labor
against the other) and Article
21 NCC.
MEMORY AID IN CIVIL LAW
An employer may be held
liable for damages if the
manner of dismissing is
contrary to morals good
customs and public policy.
EXAMPLE: False imputation
of misdeed to justify dismissal
or any similar manner of
dismissal which is done
abusively.
h. Malicious Prosecution
An action for damages
brought by one against
another whom a criminal
prosecution, civil suit, or
other legal proceeding has
been instituted maliciously
and without probable cause,
after the termination of such
prosecution, suit or
proceeding in favor of the
defendant therein.
The gist of the action is
putting legal process in force
information is filed in
court and final
judgment rendered
dismissing the case;
nevertheless, prior
acquittal may include
dismissal by the
prosecutor after
preliminary
investigation. (Globe
Mackay and Radio Corp.
vs. CA; Manila Gas Corp
vs. CA)
i. Public Humiliation
Damages may be awarded in
cases where the plaintiff
suffered humiliation through
the positive acts of the
defendant directed against
the plaintiff.
Example: The defendant was
held liable for damages under
Art. 21 for slapping the
plaintiff in public. (Patricio
vs. Hon. Oscar Leviste,
[1989])
NOTES:
Under
Article
21,
damages
are
recover
able
even
though
no
MEMORY AID IN CIVIL LAW
TORTS AGAINST HUMAN DIGNITY
TYPES:
CIVIL LAW COMMITTEE
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON : Vida Bocar, Joyce
Vidad EDP : Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations),
Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah
Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and
Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
positive
law was
violated
.
An
action
can only
prosper
when
damage,
material
or
otherwis
e, was
suffered
by the
plaintiff
. An
action
based
on
Articles
19-21
will be
dismisse
d if the
plaintiff
merely
seeks
recogn
ition.
Under
Articles
19 and
21, the
defenda
nt may
likewise
be
guilty of
a tort
even if
he acted
in good
faith.
(Grand
Union
Superm
arket
vs.
Espino)
241
San Beda College of Law
1. Violation of the right of privacy
Reasonableness of a persons
expectation of privacy depends
on a two-part test:
a) Whether by his conduct, the
individual has exhibited an
expectation of privacy.
b) Whether this expectation is one
that the society recognizes as
reasonable.
NOTES:
GENERAL RULE: Right to privacy can
be invoked only by natural persons;
Juridical persons cannot invoke such
right because the entire basis of right to
privacy is an injury to the feelings and
sensibilities of a party, a corporation
would have no such ground.
EXCEPTION: Right against unreasonable
searches and seizure can be invoked by a
juridical entity.
GENERAL RULE: Right to privacy is
purely personal in nature, hence:
1) It can be invoked only by
the person whose privacy
is claimed to have been
violated.
2) It can be subject to
waiver of the person
whose privacy is sought
to be intruded into.
3) The right ceases upon
destroyed.
If the interference is by
the parents of the spouse, malice
must be proven.
3. Intriguing to Cause Alienation
4. Vexation and Humiliation
Discrimination against a person
on account of his physical defect,
which causes emotional distress, may
result in liability on the part of the
offending party.
Sexual Harassment falls under
this category.
- a civil action separate and distinct from
the criminal action may be
commenced under RA 7877.
- 2 types of Sexual harassment:
a) quid pro quo cases
b) hostile environment cases
TORTS WITH INDEPENDENT CIVIL
ACTIONS
1. Violation of civil and political
rights (Article 32)
Although the same normally
involves intentional acts, it can also
be committed through negligence.
Public officer who is a
defendant cannot escape liability
under the doctrine of state
immunity; the said doctrine applies
only if acts involved are done by
officers in the performance of their
official duty within the ambit of
their powers; officers do not act
within the ambit of their powers if
they violate the constitutional rights
of persons.
MEMORY AID IN CIVIL LAW
2. Defamation, Fraud, and
Physical injuries (Article 33)
A. Defamation
Defamation is an invasion of the
interest in reputation and good
name, by communication to others
which tends to diminish the esteem
in which the plaintiff is held, or to
1. Justifying
circumstances
Defendant is free from civil
liability if justifying circumstances
are properly establishes.
2. Exempting
Circumstances
They do not erase the civil
liability.
3. Mitigating and
Aggravating Circumstances
Damages to be adjudicated
may either be decreased or
increased depending on the presence
of mitigating or aggravating
circumstances.
Effect of Death
A. DEATH AFTER FINAL JUDGMENT:
extinguishes criminal liability of the
person liable but will not extinguish
the civil liability.
B. DEATH BEFORE FINAL
JUDGMENT:
GENERAL RULE: The defendant is
relieved from both criminal and civil
liability arising from criminal
liability.
EXCEPTION: In case of libel and
physical injuries wherein the
plaintiff initially opted to claim
damages in the criminal proceeding
can file another case under Article
33 of the Civil Code.
Effect of Pardon
Pardon does not erase civil
liability.
While pardon removes the
existence of guilt so that in the
eyes of the law the offender is
deemed innocent and treated as
MEMORY AID IN CIVIL LAW
though he never committed the
offence, it does not operate to
remove all the effects of the
previous conviction.
DEFENDANTS IN TORT CASES
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah
Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and
Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
246
San Beda College of Law
A person is not only liable for torts
committed by himself, but also
for torts committed by others
with whom he has a certain
relation or for whom he is
responsible. (Article 2180 Civil
Code)
Exercise of diligence of a good father of
a family to prevent damage is a
defense.
Doctrine of Respondeat
Superior the liability is strictly
imputed, the employer is liable
not because of his act or
omission but because of the act
or omission of the employee;
employer cannot escape liability
by claiming that he exercised
due diligence in the selection or
supervision of the employee.
GENERAL RULE: Vicarious liability in
the Philippines is not governed by the
doctrine of respondeat superior;
employers or parents are made liable not
only because of the negligent or
wrongful act of the person for whom
they are responsible but also because of
their own negligence:
1) Liability is imposed on
the employer because he failed
to exercise due diligence in the
selection or supervision of the
employee
2) Parents are made liable
because they failed to exercise
due diligence
EXCEPTION: Doctrine of
respondeat superior is applicable in:
1) liability of employers
under Article 103 of the RPC
2) liability of a partnership
for the tort committed by a
partner
Persons Vicariously Liable: (Article
2180 of the Civil Code)
1. The Father, or in case of death or
incapacity, mother
For damage caused by:
a) minor children
b) living in their company
NOTES:
MEMORY AID IN CIVIL LAW
This has already
been modified
by Art. 221 of
the Family Code
to the extent
that the
alternative
qualification of
the liability of
the father and
the mother has
been removed.
The basis of liability for the
acts or omissions of their minor
children is the parental authority
that they exercise over them,
except for children 18 to 21.
The same foreseability test
of negligence should apply to
parents when they are sought to
be held liable under Art. 2180,
NCC
The liability is not limited to
parents, the same is also
imposed on those exercising
substitute and special parental
authority, i.e., guardian.
The liability is present only
both under Art 2180 of the NCC
and Art 221 of the Family Code if
a) their employees
b) in the service of the branches in
which they are employed, or
c) on the occasion of their
functions
4. Employers
For damages
cause by:
a) employees and household
helpers
b) acting within the scope of their
assigned tasks
c) even if the employer is not
engaged in any business or
industry
NOTES:
Liability of the employer can be
established by proving the existence
of an employer-employee
relationship with the actor and the
latter caused the injury while
performing his assigned task or
functions.
The vicarious liability attaches only
when the tortuous conduct of the
employees relates to or is in the
course of his employment.
While the employer incurs no
liability when an employees
conduct, act or omission is beyond
the range of employment, a minor
deviation from the assigned task of
MEMORY AID IN CIVIL LAW
an employee, however does not
affect the liability of an employer.
(Valenzuela vs. CA, 253 SCRA 303)
It is a defense that the employer
exercised proper diligence in the
selection and supervision of
negligent employee.
5. State
For damage caused by:
a) a special agent
b) not when the damage has been
caused by the official to whom the
task done properly pertains
Public officers
who are guilty
of tortuous
conduct are
personally liable
for their
actions.
6. Schools, Teachers and
Administrators
For damage caused by:
a) pupils and students or
apprentices
b) in their custody
statutory basis:
if student is minor Art. 219, FC
NOTES:
if student is no longer a
minor Art. 2180, Civil Code
Applies also to teachers of
academic institutions.
Liability attaches to the
teacher-in-charge.
The school itself is now
solidarily liable with the teacherin-charge.
The liability extends to acts
committed even outside the
school so long as it is an official
activity of the school.
Whenever the school or
teacher is being made liable, the
parents and those exercising
substitute parental authority are
CIVIL LAW COMMITTEE
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON : Vida Bocar, Joyce
Vidad EDP : Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations),
Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah
Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and
Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
248
absence
or
insufficiency of
the exclusive
property of the
debtor-spouse.
(Article 94
Family Code)
Payments shall
be considered
advances to be
deducted from
the share of the
debtor spouse
upon liquidation
of the
community.
b. conjug
al
partne
rship
of
gains
GENERAL RULE: Pecuniary indemni-ties
imposed upon the husband or wife are
not chargeable against the conjugal
partnership but against the separate
properties of the wrongdoer.
EXCEPTION: Conjugal partnership
should be made liable:
1) When
the
profits
have
inured to
the
benefit
of the
MEMORY AID IN CIVIL LAW
partners
hip, or
2) If one of
the
spouses
committ
ed the
tort
while
performi
ng a
business
or if the
act was
supposed
to
benefit
the
partners
hip.
c. regim
e of
separa
tion of
proper
ty
Each spouse is
responsible for his/her
separate obligation.
C. STRICT LIABILITY
When the person is made
liable independent of fault or
negligence upon submission of
proof of certain facts
specified by law.
NOTE: Strict liability tort can be
committed even if reasonable care was
exercised and regardless of the state of
mind of the actor at that time.
TYPES:
1. Animals
GENERAL RULE: The possessor of an
animal or whoever may make use of the
same is responsible for the damages
which it may cause although it may
escape or be lost.
EXCEPTION: When the damage was
caused by force majeure or by the
person who suffered the damage.
(Article 2183 Civil Code)
CIVIL LAW COMMITTEE
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON : Vida Bocar, Joyce
Vidad EDP : Alnaiza Hassiman, Dorothy Gayon
,
domestic
ated, or
wild.
2. Falling objects
The head of a family that lives in a
building or a part thereof is responsible
for damages caused by things thrown or
falling from the same. (Article 2193 Civil
Code)
The term head of the
family is not limited to the
owner of the building, and it
may even include the lessee
thereof. (Dingcong vs.
Kanaan, 72 Phil 14)
MEMORY AID IN CIVIL LAW
3. Liability of employers
Article 1711 of the NCC
imposes an obligation on
owners of enterprises and
other employers to pay for
the death or injuries to their
employees.
Liability is strict because it
exists even if the cause is
purely accidental.
If the mishap was due to the
employees own notorious
negligence, or voluntary act
or drunkenness, the employer
shall not be liable for
compensation.
When the employees lack of
due care contributed to his
death or injury, the
compensation shall be
equitably reduced.
If the death or injury is due
to the negligence of a fellowworkman
the latter and the
employer shall be solidarily
liable for compensation.
If a fellow-workers
intentional or malicious act is
the only cause of the death or
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah
Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and
Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
252
San Beda College of Law
promulgated by appropriate
government agencies.
4. Delict
The liability may be based on
criminal negli-gence under
the RPC or violation of any
special law.
5. Strict liability
Manufacturers and
processors of foodstuffs,
drinks, toilet articles,
and similar goods, shall
be liable for death or
injuries caused by any
noxious or harmful
substances used
although no contractual
relation exists. (Article
2187 Civil Code)
Privity of contract is not
required.
It does not preclude an
action based on
negligence (quasi-delict)
for the same act of
using noxious or harmful
substances.
Article 97 and 99 of the
Consumer Act imposes
liability on defective
products and services
upon manufacturers
independent of fault.
Knowledge of the
manufacturer is not
important; the focus is
on the condition of the
privileg
e to
interfer
e
1)The defendants purpose is a
justifiable one, and
2)The actors employ no means of
fraud or deception which are
regarded as unfair.
Extent
of
Liability
:
A. Rule in Daywalt vs. La
Corporation 39PHIL587
Defendant
cannot be held liable for more than
the amount for which the
contracting party who was induced
to break the contract can be held
liable.
B. Rule under Article 2201
and 2202 Civil Code
1) If
in bad faith: defendant is liable for
all natural and probable
consequences of his act or omission,
whether the same is forseen or
unforeseen.
2) If
in good faith: defandant is liable
only for consequences that can be
foreseen.
2. Interference with prospective
advantage
It is a tort committed when
there is no contract yet and
MEMORY AID IN CIVIL LAW
the defendant is only being
sued for inducing another not
to enter into a contract.
3. Unfair competition.
Unfair Competition in
agricultural, commercial, or
industrial enterprises, or in
labor, through the use of
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah
Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and
Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
254
San Beda College of Law
The detriment, injury or loss
which are occasioned by
reason of fault of another in
the property or person.
DAMAGES
The pecuniary compensation,
recompense or satisfaction
for an injury sustained or as
otherwise expressed, the
pecuniary consequences
which the law imposes for the
breach of some duty or
violation of some rights.
DAMNUM ABSQUE INJURIA (Damage
Without Injury)
A person may have suffered
physical hurt or injury, but
for as long as no legal injury
or wrong has been done,
there is no liability.
There is no liability even if
there is damage because
there was no injury.
There can be damage without
injury.
In order that a plaintiff may
maintain an action for the
injuries of which he
complains, he must establish
that such injuries resulted
from a breach of duty which
the defendant owed to the
plaintiff.
Injury Damage Damages
Legal
invasion of
a legal
right
NOTES:
Loss, hurt
or harm
which
results
from the
injury
The recompense
or
compensation
awarded for
the damage
suffered
A
complaint for damages is a personal
MEMORY AID IN CIVIL LAW
action. (Baritua vs. CA, 267 SCRA
331)
Proof of
pecuniary loss is necessary to
successfully recover actual damages
from the defendant. No proof of
pecuniary loss is necessary in case of
moral, nominal, temperate,
liquidated or exemplary damages.
The
assessment of such damages, except
liquidated ones, is left to the
discretion of the court according to
the circumstances of each case.
Kinds of damages (MANTLE)
1. A ctual or Compensatory
2. M oral
3. N ominal
4. T emperate or moderate
5. L iquidated
6. E xemplary or corrective
A. ACTUAL OR
COMPENSATORY
DAMAGES
Comprehends not only the value of
the loss suffered but also that of the
profits which the obligee failed to
obtain.
Classification:
1. D
ano emergente loss of what a
person already possesses
2. L
ucro cessante failure to receive
as a benefit that would have
pertained to him
NOTE: The latter type includes:
1. Loss or impairment of
earning capacity in cases of
temporary or permanent
personal injury.
2. Injury to the plaintiffs
business standing or commercial
credit.
In crimes and quasi-delict, the
defendant shall be liable for all
damages which are the natural and
probable consequences of the act
and omission complained of. It is not
CIVIL LAW COMMITTEE
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON : Vida Bocar, Joyce
Vidad EDP : Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations),
Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah
Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and
Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
255
San Beda College of Law
necessary that such damages have
been foreseen or could have
reasonably foreseen by the
defendant. (Article 2202 Civil Code)
The amount should be that which
would put plaintiff in the same
position as he would have been if he
had not sustained the wrong for
which he is now getting his
compensation or reparation.
damages.
E. LIQUIDATED
DAMAGES
Those agreed upon by the parties in
a contract, to be paid in case of
breach thereof.
F. EXEMPLARY OR
CORRECTIVE
DAMAGES
Imposed by way of example
or correction for the public
good, in addition to the
moral, temperate, liquidated
or compensatory damages.
Requisites for the award of
exemplary damages:
1. They are imposed by way
of example in addition to
compensatory damages
and Imposed only after
the claimants right to
them has been
established;
2. They cannot be
recovered as a matter of
right, their
determination depending
upon the amount of
compensatory damages
that may be awarded;
3. The act must be
accompanied by bad
faith or done in wanton,
fraudulent, oppressive or
malevolent manner.
MEMORY AID IN CIVIL LAW
CIVIL LAW COMMITTEE
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON : Vida Bocar, Joyce
Vidad EDP : Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations),
Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah
Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and
Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)