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NEGLIGENCE

Art. 20. Every person who, contrary to law, wilfully or negligently causes damage to another,
shall indemnify the latter for the same.
Art. 1173. The fault or negligence of the obligor consists in the omission of that diligence which
is required by the nature of the obligation and corresponds with the circumstances of the
persons, of the time and of the place. When negligence shows bad faith, the provisions of
Articles 1171 and 2201, paragraph 2, shall apply.

Art. 12. Circumstances which exempt from criminal liability. the following are exempt from
criminal liability:
1. An imbecile or an insane person, unless the latter has acted during a lucid interval.chanrobles
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When the imbecile or an insane person has committed an act which the law defines as a felony
(delito), the court shall order his confinement in one of the hospitals or asylums established for
persons thus afflicted, which he shall not be permitted to leave without first obtaining the
permission of the same court.chanrobles virtual law library
2. A person under nine years of age.chanrobles virtual law library
3. A person over nine years of age and under fifteen, unless he has acted with discernment, in
which case, such minor shall be proceeded against in accordance with the provisions of Art. 80
of this Code.chanrobles virtual law library
When such minor is adjudged to be criminally irresponsible, the court, in conformably with the
provisions of this and the preceding paragraph, shall commit him to the care and custody of his
family who shall be charged with his surveillance and education otherwise, he shall be
committed to the care of some institution or person mentioned in said Art. 80.chanrobles virtual
law library
4. Any person who, while performing a lawful act with due care, causes an injury by mere
accident without fault or intention of causing it.chanrobles virtual law library
5. Any person who act under the compulsion of irresistible force.chanrobles virtual law library
6. Any person who acts under the impulse of an uncontrollable fear of an equal or greater
injury.chanrobles virtual law library
7. Any person who fails to perform an act required by law, when prevented by some lawful
insuperable cause.chanrobles virtual law library

Art. 2187. 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 between them and the consumers. (n)

Art. 2180. The obligation imposed by Article 2176 is demandable not only for one's own acts or
omissions, but also for those of persons for whom one is responsible.

The father and, in case of his death or incapacity, the mother, are responsible for the damages
caused by the minor children who live in their company.

Guardians are liable for damages caused by the minors or incapacitated persons who are under
their authority and live in their company.

The owners and managers of an establishment or enterprise are likewise responsible for
damages caused by their employees in the service of the branches in which the latter are
employed or on the occasion of their functions.

Employers shall be liable for the damages caused by 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.

The State is responsible in like manner when it acts through a special agent; but not when the
damage has been caused by the official to whom the task done properly pertains, in which case
what is provided in Article 2176 shall be applicable.

Lastly, teachers or heads of establishments of arts and trades shall be liable for damages
caused by their pupils and students or apprentices, so long as they remain in their custody.

The responsibility treated of in this article shall cease when the persons herein mentioned prove
that they observed all the diligence of a good father of a family to prevent damage. (1903a)

Art. 2182. If the minor or insane person causing damage has no parents or guardian, the minor
or insane person shall be answerable with his own property in an action against him where a
guardian ad litem shall be appointed. (n)
Art. 2231. In quasi-delicts, exemplary damages may be granted if the defendant acted with
gross negligence.

RULE 131
Burden of Proof and Presumptions
Section 1.
Burden of proof. Burden of proof is the duty of a party to present evidence on
the facts in issue necessary to establish his claim or defense by the amount of evidence
required by law. (1a, 2a)

Section 2.
Conclusive presumptions. The following are instances of conclusive
presumptions:

(a)
Whenever a party has, by his own declaration, act, or omission, intentionally and
deliberately led to another to believe a particular thing true, and to act upon such belief, he
cannot, in any litigation arising out of such declaration, act or omission, be permitted to falsify it:

(b)
The tenant is not permitted to deny the title of his landlord at the time of commencement
of the relation of landlord and tenant between them. (3a)

Section 3.
Disputable presumptions. The following presumptions are satisfactory if
uncontradicted, but may be contradicted and overcome by other evidence:

(a)

That a person is innocent of crime or wrong;

(b)

That an unlawful act was done with an unlawful intent;

(c)

That a person intends the ordinary consequences of his voluntary act;

(d)

That a person takes ordinary care of his concerns;

(e)

That evidence willfully suppressed would be adverse if produced;

(f)

That money paid by one to another was due to the latter;

(g)

That a thing delivered by one to another belonged to the latter;

(h)

That an obligation delivered up to the debtor has been paid;

(i)
That prior rents or installments had been paid when a receipt for the later one is
produced;

(j)
That a person found in possession of a thing taken in the doing of a recent wrongful act
is the taker and the doer of the whole act; otherwise, that things which a person possess, or
exercises acts of ownership over, are owned by him;

(k)
That a person in possession of an order on himself for the payment of the money, or the
delivery of anything, has paid the money or delivered the thing accordingly;

(l)

That a person acting in a public office was regularly appointed or elected to it;

(m)

That official duty has been regularly performed;

(n)
That a court, or judge acting as such, whether in the Philippines or elsewhere, was
acting in the lawful exercise of jurisdiction;

(o)
That all the matters within an issue raised in a case were laid before the court and
passed upon by it; and in like manner that all matters within an issue raised in a dispute
submitted for arbitration were laid before the arbitrators and passed upon by them;

(p)

That private transactions have been fair and regular;

(q)

That the ordinary course of business has been followed;

(r)

That there was a sufficient consideration for a contract;

(s)

That a negotiable instrument was given or indorsed for a sufficient consideration;

(t)
That an endorsement of negotiable instrument was made before the instrument was
overdue and at the place where the instrument is dated;

(u)

That a writing is truly dated;

(v)

That a letter duly directed and mailed was received in the regular course of the mail;

(w)
That after an absence of seven years, it being unknown whether or not the absentee still
lives, he is considered dead for all purposes, except for those of succession.

The absentee shall not be considered dead for the purpose of opening his succession till after
an absence of ten years. If he disappeared after the age of seventy-five years, an absence of
five years shall be sufficient in order that his succession may be opened.

The following shall be considered dead for all purposes including the division of the estate
among the heirs:

(1)
A person on board a vessel lost during a sea voyage, or an aircraft with is missing, who
has not been heard of for four years since the loss of the vessel or aircraft;

(2)
A member of the armed forces who has taken part in armed hostilities, and has been
missing for four years;

(3)
A person who has been in danger of death under other circumstances and whose
existence has not been known for four years;

(4)
If a married person has been absent for four consecutive years, the spouse present may
contract a subsequent marriage if he or she has well-founded belief that the absent spouse is
already death. In case of disappearance, where there is a danger of death the circumstances
hereinabove provided, an absence of only two years shall be sufficient for the purpose of
contracting a subsequent marriage. However, in any case, before marrying again, the spouse
present must institute a summary proceedings as provided in the Family Code and in the rules
for declaration of presumptive death of the absentee, without prejudice to the effect of
reappearance of the absent spouse.

(x)
That acquiescence resulted from a belief that the thing acquiesced in was conformable
to the law or fact;

(y)
That things have happened according to the ordinary course of nature and ordinary
nature habits of life;

(z)

That persons acting as copartners have entered into a contract of copartneship;

(aa) That a man and woman deporting themselves as husband and wife have entered into a
lawful contract of marriage;

(bb) That property acquired by a man and a woman who are capacitated to marry each other
and who live exclusively with each other as husband and wife without the benefit of marriage or
under void marriage, has been obtained by their joint efforts, work or industry.

(cc)
That in cases of cohabitation by a man and a woman who are not capacitated to marry
each other and who have acquire properly through their actual joint contribution of money,
property or industry, such contributions and their corresponding shares including joint deposits
of money and evidences of credit are equal.

(dd) That if the marriage is terminated and the mother contracted another marriage within
three hundred days after such termination of the former marriage, these rules shall govern in the
absence of proof to the contrary:

(1)
A child born before one hundred eighty days after the solemnization of the subsequent
marriage is considered to have been conceived during such marriage, even though it be born
within the three hundred days after the termination of the former marriage.

(2)
A child born after one hundred eighty days following the celebration of the subsequent
marriage is considered to have been conceived during such marriage, even though it be born
within the three hundred days after the termination of the former marriage.

(ee)

That a thing once proved to exist continues as long as is usual with things of the nature;

(ff)

That the law has been obeyed;

(gg) That a printed or published book, purporting to be printed or published by public


authority, was so printed or published;

(hh) That a printed or published book, purporting contain reports of cases adjudged in
tribunals of the country where the book is published, contains correct reports of such cases;

(ii)
That a trustee or other person whose duty it was to convey real property to a particular
person has actually conveyed it to him when such presumption is necessary to perfect the title
of such person or his successor in interest;

(jj)
That except for purposes of succession, when two persons perish in the same calamity,
such as wreck, battle, or conflagration, and it is not shown who died first, and there are no
particular circumstances from which it can be inferred, the survivorship is determined from the
probabilities resulting from the strength and the age of the sexes, according to the following
rules:

1.

If both were under the age of fifteen years, the older is deemed to have survived;

2.

If both were above the age sixty, the younger is deemed to have survived;

3.

If one is under fifteen and the other above sixty, the former is deemed to have survived;

4.
If both be over fifteen and under sixty, and the sex be different, the male is deemed to
have survived, if the sex be the same, the older;

5.
If one be under fifteen or over sixty, and the other between those ages, the latter is
deemed to have survived.

(kk)
That if there is a doubt, as between two or more persons who are called to succeed
each other, as to which of them died first, whoever alleges the death of one prior to the other,
shall prove the same; in the absence of proof, they shall be considered to have died at the same
time. (5a)

Section 4.
No presumption of legitimacy or illegitimacy. There is no presumption of
legitimacy of a child born after three hundred days following the dissolution of the marriage or
the separation of the spouses. Whoever alleges the legitimacy or illegitimacy of such child must
prove his allegation. (6)

Art. 2184. In motor vehicle mishaps, the owner is solidarily liable with his driver, if the former,
who was in the vehicle, could have, by the use of the due diligence, prevented the misfortune. It
is disputably presumed that a driver was negligent, if he had been found guilty or reckless
driving or violating traffic regulations at least twice within the next preceding two months.
If the owner was not in the motor vehicle, the provisions of Article 2180 are applicable. (n)
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 of the mishap, he was violating any traffic regulation.
(n)
Art. 2188. There is prima facie presumption of negligence on the part of the defendant if the
death or injury results from his possession of dangerous weapons or substances, such as
firearms and poison, except when the possession or use thereof is indispensable in his
occupation or business. (n)
Art. 1734. Common carriers are responsible for the loss, destruction, or deterioration of the
goods, unless the same is due to any of the following causes only:
(1) Flood, storm, earthquake, lightning, or other natural disaster or calamity;

(2) Act of the public enemy in war, whether international or civil;

(3) Act of omission of the shipper or owner of the goods;

(4) The character of the goods or defects in the packing or in the containers;

(5) Order or act of competent public authority.

Art. 1735. In all cases other than those mentioned in Nos. 1, 2, 3, 4, and 5 of the preceding
article, if the goods are lost, destroyed or deteriorated, common carriers are presumed to have
been at fault or to have acted negligently, unless they prove that they observed extraordinary
diligence as required in Article 1733.
Art. 2179. When the plaintiff's own negligence was the immediate and proximate cause of his
injury, he cannot recover damages. But if his negligence was only contributory, the immediate

and proximate cause of the injury being the defendant's lack of due care, the plaintiff may
recover damages, but the courts shall mitigate the damages to be awarded. (n)
Art. 2214. In quasi-delicts, the contributory negligence of the plaintiff shall reduce the damages
that he may recover.
Art. 1174. Except in cases expressly specified by the law, or when it is otherwise declared by
stipulation, or when the nature of the obligation requires the assumption of risk, no person shall
be responsible for those events which could not be foreseen, or which, though foreseen, were
inevitable. (1105a)
Art. 2177. Responsibility for fault or negligence under the preceding article is entirely separate
and distinct from the civil liability arising from negligence under the Penal Code. But the plaintiff
cannot recover damages twice for the same act or omission of the defendant. (n)