TORT & DAMAGES good father of a family shall be required.
(1104a)
A tort is an act which causes damage to
another person.
Article 19. Every person must, in the
exercise of his rights and in the performance
of his duties, act with justice, give everyone
his due, and observe honesty and good faith.
Article 20. Every person who, contrary to
law, wilfully or negligently causes damage
to another, shall indemnify the latter for the
same.
Article 21. Any person who wilfully causes
loss or injury to another in manner that is
contrary to morals, good customs or public
policy shall compensate the latter for the
damage.
Article 1170. Those who in the performance
of their obligations are guilty of fraud,
negligence, or delay, and those who in any
manner contravene the tenor thereof, are
liable for damages. (1101)
Article 1171. Responsibility arising from
fraud is demandable in all obligations. Any
waiver of an action for future fraud is void.
(1102a)
Article 1172. Responsibility arising from
negligence in the performance of every kind
of obligation is also demandable, but such
liability may be regulated by the courts,
according to the circumstances. (1103)
Article 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.
If the law or contract does not state the
diligence which is to be observed in the
performance, that which is expected of a
Article 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)
Article 1265. Whenever the thing is lost in
the possession of the debtor, it shall be
presumed that the loss was due to his fault,
unless there is proof to the contrary, and
without prejudice to the provisions of article
1165. This presumption does not apply in
case of earthquake, flood, storm, or other
natural calamity. (1183a)
Common Carriers (n)
Article 1732. Common carriers are persons,
corporations, firms or associations engaged
in the business of carrying or transporting
passengers or goods or both, by land, water,
or air, for compensation, offering their
services to the public.
Article 1733. Common carriers, from the
nature of their business and for reasons of
public policy, are bound to observe
extraordinary diligence in the vigilance
over the goods and for the safety of the
passengers transported by them,
according to all the circumstances of each
case.
Such extraordinary diligence in the vigilance
over the goods is further expressed in
articles 1734, 1735, and 1745, Nos. 5, 6, and
7, while the extraordinary diligence for the
safety of the passengers is further set forth in
articles 1755 and 1756.
Laws providing for liability inspite of
fortuitous event
Article 1942. The bailee is liable for the loss
of the thing, even if it should be through a
fortuitous event:

(1) If he devotes the thing to any purpose
different from that for which it has been
loaned;
(2) If he keeps it longer than the period
stipulated, or after the accomplishment of
the use for which the commodatum has been
constituted;
(3) If the thing loaned has been delivered
with appraisal of its value, unless there is a
stipulation exempting the bailee from
responsibility in case of a fortuitous event;
(4) If he lends or leases the thing to a third
person, who is not a member of his
household;
(5) If, being able to save either the thing
borrowed or his own thing, he chose to save
the latter. (1744a and 1745)
Article 1979. The depositary is liable for the
loss of the thing through a fortuitous event:
(1) If it is so stipulated;
(2) If he uses the thing without the
depositor's permission;
(3) If he delays its return;
(4) If he allows others to use it, even though
he himself may have been authorized to use
the same.
Article 2147. The officious manager shall be
liable for any fortuitous event:
(1) If he undertakes risky operations which
the owner was not accustomed to embark
upon;
(2) If he has preferred his own interest to
that of the owner;
(3) If he fails to return the property or
business after demand by the owner;
(4) If he assumed the management in bad
faith.
Article 2148. Except when the management
was assumed to save property or business
from imminent danger, the officious
manager shall be liable for fortuitous events:
(1) If he is manifestly unfit to carry on the
management;
(2) If by his intervention he prevented a
more competent person from taking up the
management.
What is the rationale behind the non-liability
in case of caso fortuito?
Actus Dei Nemini Nocet the act of God
does injury to no one.
Quasi-delicts
Article 2176. Whoever by act or omission
causes damage to another, there being fault
or negligence, is obliged to pay for the
damage done. Such fault or negligence, if
there is no pre-existing contractual relation
between the parties, is called a quasi-delict
and is governed by the provisions of this
Chapter. (1902a)
Article 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)
Article 2178. The provisions of articles 1172
to 1174 are also applicable to a quasi-delict.
(n)
Article 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.
Article 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)
Article 2181. Whoever pays for the damage
caused by his dependents or employees may
recover from the latter what he has paid or
delivered in satisfaction of the claim.
Article 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)
Article 2183. The possessor of an animal or
whoever may make use of the same is
responsible for the damage which it may
cause, although it may escape or be lost.
This responsibility shall cease only in case
the damage should come from force majeure
or from the fault of the person who has
suffered damage. (1905)
Article 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 of 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.
Article 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)
Article 2186. Every owner of a motor
vehicle shall file with the proper government
office a bond executed by a government-
controlled corporation or office, to answer
for damages to third persons. The amount of
the bond and other terms shall be fixed by
the competent public official. (n)
Article 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)
Article 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.
Article 2189. Provinces, cities and
municipalities shall be liable for damages
for the death of, or injuries suffered by, any
person by reason of the defective condition
of roads, streets, bridges, public buildings,
and other public works under their control or
supervision. (n)
Article 2190. The proprietor of a building or
structure is responsible for the damages
resulting from its total or partial collapse, if
it should be due to the lack of necessary
repairs. (1907)
Article 2191. Proprietors shall also be
responsible for damages caused:
(1) By the explosion of machinery which
has not been taken care of with due
diligence, and the inflammation of explosive
substances which have not been kept in a
safe and adequate place;
(2) By excessive smoke, which may be
harmful to persons or property;
(3) By the falling of trees situated at or near
highways or lanes, if not caused by force
majeure;
(4) By emanations from tubes, canals,
sewers or deposits of infectious matter,
constructed without precautions suitable to
the place. (1908)
Article 2192. If damage referred to in the
two preceding articles should be the result of
any defect in the construction mentioned in
article 1723, the third person suffering
damages may proceed only against the
engineer or architect or contractor in
accordance with said article, within the
period therein fixed. (1909)
Article 2193. 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. (1910)
Article 2194. The responsibility of two or
more persons who are liable for quasi-delict
is solidary. (n)
Basic Purposes of Tort Law
1. To provide a peaceful means for
adjusting the rights of the parties who
might otherwise take the law into their
own hands
2. Deter wrongful conduct;
3. To encourage socially responsible
behavior as exemplified by Art. 19 of
NCC
4. To restore injured parties to their original
condition, insofar as the law can do this
by compensating them for their injury
Emergency Rule one who suddenly finds
himself in a place of danger, and is required
to act without time to consider the best
means that may be adopted to avoid the
impending danger, is not guilty of
negligence.
The liability of the employer under article
2180 is direct and immediate.
Proximate cause is that cause, which in
natural and continuous sequence, unbroken
by any efficient intervening cause, produces
an injury and without which the result would
have not occurred.
Doctrine of Last clear chance applies to a
situation where the plaintiff was guilty of
prior or antecedent negligence, but the
defendant who had the last fair chance to
avoid the impending harm and failed to do
so is made liable for all the consequence
of the plaintiff.
Injury is the illegal invasion of a legal
right
Damage is the loss, hurt, or harm which
results from the injury
Instances when there is liability even in case
of fortuitous event:
Article 1942. The bailee is liable for the loss
of the thing, even if it should be through a
fortuitous event:
(1) If he devotes the thing to any purpose
different from that for which it has been
loaned;
(2) If he keeps it longer than the period
stipulated, or after the accomplishment of
the use for which the commodatum has been
constituted;
(3) If the thing loaned has been delivered
with appraisal of its value, unless there is a
stipulation exempting the bailee from
responsibility in case of a fortuitous event;
(4) If he lends or leases the thing to a third
person, who is not a member of his
household;
(5) If, being able to save either the thing
borrowed or his own thing, he chose to save
the latter. (1744a and 1745)
Article 1979. The depositary is liable for the
loss of the thing through a fortuitous event:
(1) If it is so stipulated;
(2) If he uses the thing without the
depositor's permission;
(3) If he delays its return;
(4) If he allows others to use it, even though
he himself may have been authorized to use
the same. (n)
Article 2147. The officious manager shall be
liable for any fortuitous event:
(1) If he undertakes risky operations which
the owner was not accustomed to embark
upon;
(2) If he has preferred his own interest to
that of the owner;
(3) If he fails to return the property or
business after demand by the owner;
(4) If he assumed the management in bad
faith. (1891a)
Article 2148. Except when the management
was assumed to save property or business
from imminent danger, the officious
manager shall be liable for fortuitous events:
(1) If he is manifestly unfit to carry on the
management;
(2) If by his intervention he prevented a
more competent person from taking up the
management. (n)
Fortuitous event /force majeure are
extraordinary events not forseeable or
avoidable, events that could not be
foreseen, or which though foreseen, are
inevitable.
Force Majeure inevitable accident or
casualty; an accident produced by any
physical cause which is irresistible;
Negligence is the failure to observe, for
the protection of the interest of another
person, that degree of care, precaution and
vigilance which the circumstances justly
demand, whereby such other person suffers
injury.
Contributory negligence - is conduct on the
part of the injured party, contributing as a
legal cause to the harm he has suffered,
which falls below the standard which he is
required to conform for his own protection.
FAMILY CODE
Art. 218. The school, its administrators and
teachers, or the individual, entity or
institution engaged in child are shall have
special parental authority and responsibility
over the minor child while under their
supervision, instruction or custody.
Authority and responsibility shall apply to
all authorized activities whether inside or
outside the premises of the school, entity or
institution. (349a)
Art. 219. Those given the authority and
responsibility under the preceding Article
shall be principally and solidarily liable for
damages caused by the acts or omissions of
the unemancipated minor. The parents,
judicial guardians or the persons exercising
substitute parental authority over said minor
shall be subsidiarily liable.
The respective liabilities of those referred to
in the preceding paragraph shall not apply if
it is proved that they exercised the proper
diligence required under the particular
circumstances.
All other cases not covered by this and the
preceding articles shall be governed by the
provisions of the Civil Code on quasi-
delicts. (n)
Art. 221. Parents and other persons
exercising parental authority shall be civilly
liable for the injuries and damages caused
by the acts or omissions of their
unemancipated children living in their
company and under their parental authority
subject to the appropriate defenses provided
by law. (2180(2)a and (4)a )
Art. 234. Emancipation takes place by
the attainment of majority. Unless otherwise
provided, majority commences at the age of
eighteen years
Art. 236. Emancipation shall terminate
parental authority over the person and
property of the child who shall then be
qualified and responsible for all acts of civil
life, save the exceptions established by
existing laws in special cases.
"Contracting marriage shall require parental
consent until the age of twenty-one.
"Nothing in this Code shall be construed to
derogate from the duty or responsibility of
parents and guardians for children and wards
below twenty-one years of age mentioned in
the second and third paragraphs of Article
2180 of the Civil Code.
Negligence is the failure to observe that
degree of care, precaution and vigilance that
circumstances justly demand, whereby
another person suffers injury.