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I. PRELIMINARY confirm and reinforce public


A. DEFINITION OF TERMS standards of behavior.
TORT: unlawful violation of a private right, not created by Private wrong or injury Offense against the public and is
contract, which gives rise pursued by the sovereign
to an action for damages. authority
DAMAGE: detriment, injury or loss which are occasioned by Seek indemnity for damage or Seeks curtailment of the liberty or
reason of fault of another in the property or injury sustained without seeking imprisonment of the offender
person. the imprisonment of the with possible civil liability
DAMAGES: pecuniary compensation, recompense or satisfaction tortfeasor
for an injury sustained or as otherwise Preponderance of evidence Proof beyond reasonable doubt
expressed, the pecuniary consequences which the New Civil Code Revised Penal Code
law imposes for the breach of some duty or
violation of some rights. 2. Concept of Quasi Delict
A. Requisites (FGU INSURANCE CORPORATION VS. CA)
B. SOURCES OF TORTS AND DAMAGES To sustain a claim based thereon, the following requisites must
1. Quasi-Delicts (Art 10. Art 100-103 of the Revised Penal concur:
2176- 2194) Code (a) damage suffered by the plaintiff;
2. Quasi-Contracts (Art 11. Title XVIII (Damages) (b) fault or negligence of the defendant; and,
2142- 2175) Art 2195-2235 (c) connection of cause and effect between the fault or
3. Human Relations (Art 12. Art 694-707 negligence of the defendant and the damage
19-36) 13. Chapter III Sec 4 (Common incurred by the plaintiff
4. Art 1172-1174 Carriers) Art 1755- 1763
5. Art. 1723 14. RA 7877 (Anti-Sexual Harassment Art. 2176: Whoever by act or omission causes damage to
6. Art 2003 Act) another, there being fault or negligence, is obliged to pay for
7. Art 309 15. Supreme Court Decisions the damage done. Such fault or negligence, if there is no pre-
8. Art 1314 16. American Law and existing contractual relation between the parties, is called a
9. Family Code Jurisprudence quasi-delict and is governed by the provisions of this Chapter.
17. Opinion of Legal Authors
ADDITIONAL DOCTRINES:
C. DISTINCTIONS BETWEEN TORTS AND QUASI- DELICT Article 2180 of the same Code which deals also with quasi-delict
TORT QUASI-DELICT provides:
Common law concept Civil law concept
The obligation imposed by article 2176 is demandable not only
Broader Negligence only
for one's own acts or omissions, but also for those of persons for
whom one is responsible.
D. DISTINCTIONS BETWEEN TORTS AND QUASI- DELICT
The father and, in case of his death or incapacity, the mother,
TORT CRIME
are responsible for the damages caused by the minor children
Purpose of tort liability is to Purpose of criminal punishment is
who live in their company.
vindicate the individual victims primarily to vindicate the States
and victims rights and to interest in deterring crime and
imposing justice.
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Guardians are liable for damages caused by the minors or Attaches both civil and Only civil liability
incapacitated persons who are under their authority and live in criminal liabilities
their company. Proof beyond reasonable Preponderance of evidence
doubt
The owners and managers of an establishment or enterprise are Sanction/ Penalty is Sanction/Penalty is reparation or
likewise responsible for damages caused by their employees in imprisonment, fine or both indemnification of injury or
the service of the branches in which the latter are employed or damage
on the occasion of their functions. The Civil Code by means of The Revised Penal Code
indemnification merely repairs punishes or corrects criminal act
Employers shall be liable for the damages caused by their the damage
employees and household helpers acting within the scope of Liability of the employer of the Liability is direct and primary in
their assigned tasks, even though the former are not engaged in actor-employee is subsidiary in quasi-delict
any business or industry. crimes

The State is responsible in like manner when it acts through a CRUZ vs CA


special agent; but not when the damage has been caused by The elements of reckless imprudence are:
the official to whom the task done properly pertains, in which (1) that the offender does or fails to do an act;
case what is provided in article 2176 shall be applicable. (2) that the doing or the failure to do that act is voluntary;
(3) that it be without malice;
Lastly, teachers or heads of establishments of arts and trades (4) that material damage results from the reckless imprudence; and
shall be liable for damages caused by their pupils and students (5) that there is inexcusable lack of precaution on the part of the
or apprentices, so long as they remain in their custody. offender, taking into consideration his employment or occupation,
degree of intelligence, physical condition, and other circumstances
The responsibility treated of in this article shall cease when the regarding persons, time and place.
persons herein mentioned prove that they observed all the
diligence of a good father of a family to prevent damage. In litigations involving medical negligence, the plaintiff has the burden
of establishing appellant's negligence and for a reasonable
The liability imposed by Art. 2180 arises by virtue of a conclusion of negligence, there must be proof of breach of duty on
presumption juris tantum of negligence on the part of the the part of the surgeon as well as a causal connection of such breach
persons made responsible thereunder, derived from their failure and the resulting death of his patient This Court has no recourse but to
to exercise due care and vigilance over the acts of subordinates rely on the expert testimonies rendered by both prosecution and
to prevent them from causing damage. defense witnesses that substantiate rather than contradict petitioner's
allegation that the cause of Lydia's death was DIC which, as attested
to by an expert witness, cannot be attributed to the petitioner's fault or
2. DISTINCTIONS BETWEEN DELICT AND CULPA-ACUILIANA negligence. The probability that Lydia's death was caused by DIC was
unrebutted during trial and has engendered in the mind of this Court a
DELICT CULPA-ACQUILIANA reasonable doubt as to the petitioner's guilt. Thus, her acquittal of the
No crime unless there is a law It can exist as long as there is crime of reckless imprudence resulting in homicide, but this Court finds
clearly punishing it fault or negligence resulting in the petitioner civilly liable for the death of Lydia Umali, for while a
damage or injury to another conviction of a crime requires proof beyond reasonable doubt, only a
Criminal intent is essential Criminal intent is NOT essential preponderance of evidence is required to establish civil liability.
Public right is violated Private right is violated
TORTS AND DAMAGES Page 3 of 24

CULPA-ACQUILIANA CULPA-CONTRACTUAL obli gat ion , an d w hi ch t h e p art ie s ha ve f o re se en or


Nature of Negligence is direct Nature of negligence is merely co ul d ha ve r ea so n ably f o re se en at t he t ime t he
substantive and independent incidental to the performance of obli gat ion w as c on st it ut ed .
the contractual obligation
There is no pre-existing contract There is a pre-existing contract or I n cas e of fr au d, b a d fai th , m ali c e or w ant on a ttit ud e , t he
or obligation but creates obligation obli go r shall be re sp on sible f or all dam a ge s w hich ma y b e
viniculum juris, rea s onabl y at t rib ut ed t o t h e n on - p er fo rm ance of t h e
Defense of a good father of a Defense of a good father of a obli gat ion .
family is a complete and family is not a complete and
proper defense insofar as proper defense in the selection SALUDAGA VS FEU
parents, guardians and and supervision of employees It is settled that in culpa contractual, the mere proof of the existence
employees are concerned of the contract and the failure of its compliance justify, prima facie, a
There is no presumption of There is presumption of corresponding right of relief. In the instant case when Saludaga was
negligence. The injured party negligence as long as it can be shot inside the campus by no less the security guard who was hired to
must prove the negligence of proved maintain peace and secure the premises, there is a prima facie
the defendant showing that FEU failed to comply with its obligation to provide a safe
Art 2176 and immediately Governed by 1170-1174 of the and secure environment to its students.
following (Civil Code 2178) Civil Code
In order to avoid liability, however, FEU alleged that the shooting
BATAL vs SAN PEDRO incident was a fortuitous event because they could not have
AR T . 1 17 0 . T hos e w ho i n t he per f or m a nc e o f th eir reasonably foreseen nor avoided the accident caused by Rosete as
obl iga ti ons ar e g uil t y o f fra u d , n egl i g enc e , o r d ela y , he was not their employee; and that they complied with their
and t ho se w h o i n an y ma n n e r co ntr a v e n e th e t en or obligation to ensure a safe learning environment for their students by
ther e of , a re li abl e f o r da ma ges . having exercised due diligence in selecting the security services of
Galaxy.
AR T . 1 17 3 . Th e fa ul t o r n egl i gen ce o f t he obli g or
con si st s in t he omi s si on o f t h at di l i g en ce w hich i s After a thorough review of the records, the SC found that FEU failed to
req uir ed b y t h e n at ur e of t h e oblig at ion an d discharge the burden of proving that they exercised due diligence in
co rre sp on ds w it h t h e ci rc um st an c es of t he p er s on s , providing a safe learning environment for their students. They failed to
of t h e t im e an d o f t h e p l ac e . Wh en n e glig ence sh ow s prove that they ensured that the guards assigned in the campus met
b ad fait h , t he p r ovi si on s of art i cl es 1 17 1 an d 22 02 , the requirements stipulated in the Security Service Agreement. Certain
p ara grap h 2 , shal l a p p l y . documents about Galaxy were presented during trial; however, no
evidence as to the qualifications of Rosete as a security guard for the
I f t h e law or c on t ra ct d oe s n ot st at e t h e dili gen ce university was offered. FEU also failed to show that they undertook
w h i ch i s t o b e ob s e rve d i n t h e p e rf o rm ance , t hat steps to ascertain and confirm that the security guards assigned to
w h i ch is exp ect ed of a g o od fat h e r of a famil y sh all them actually possess the qualifications required in the Security
b e r eq ui re d . Service Agreement.

Ar t . 22 01 . I n co ntr acts an d q uas i - c o ntr a cts , t h e Consequently, FEU's defense of force majeure must fail. In order for
dama ge s f o r w h i ch t h e ob l i g o r w h o act ed in g oo d force majeure to be considered, FEU must show that no negligence or
fai th i s li able shal l b e t h o se t h at ar e t he nat ur al and misconduct was committed that may have occasioned the loss. An
p ro b abl e co ns eq u e n ce s o f t h e b re a ch o f t he act of God cannot be invoked to protect a person who has failed to
TORTS AND DAMAGES Page 4 of 24

take steps to forestall the possible adverse consequences of such a The award of exemplary damages is likewise not warranted. Apart
loss. When the effect is found to be partly the result of a person's from the requirement that the defendant acted in a wanton,
participation - whether by active intervention, neglect or failure to act oppressive and malevolent manner, the claimant must prove his
- the whole occurrence is humanized and removed from the rules entitlement to moral damages
applicable to acts of God.
3. CONCEPT OF NEGLIGENCE
In Powton Conglomerate, Inc. v. Agcolicol, we held that: The omission of that degree of diligence which is required by the nature
... Personal liability of a corporate director, trustee or officer along of the obligation and corresponding to the circumstances of persons,
(although not necessarily) with the corporation may so validly attach, time and place. (Article 1173 Civil Code)
as a rule, only when
(1) he assents to a patently unlawful act of the corporation, or when Kinds of Negligence:
he is guilty of bad faith or gross negligence in directing its affairs, or 1. Culpa Contractual (contractual negligence)
when there is a conflict of interest resulting in damages to the Governed by CC provisions on Obligations and Contracts
corporation, its stockholders or other persons;
(2) he consents to the issuance of watered down stocks or who, Art. 1170: Those who in the performance of their obligations are guilty of
having knowledge thereof, does not forthwith file with the corporate fraud, negligence, or delay, and those who in any manner contravene
secretary his written objection thereto; the tenor thereof, are liable for damages. (1101)
(3) he agrees to hold himself personally and solidarily liable with the
corporation; or Art. 1171: Responsibility arising from fraud is demandable in all
(4) he is made by a specific provision of law personally answerable for obligations. Any waiver of an action for future fraud is void. (1102a)
his corporate action.
None of the foregoing exceptions was established in the instant case; Art. 1172: Responsibility arising from negligence in the performance of
hence, respondent De Jesus should not be held solidarily liable with every kind of obligation is also demandable, but such liability may be
respondent FEU. regulated by the courts, according to the circumstances. (1103)

VILLORIA VS ,CONTINENTAL AIRLINES Art. 1173: The fault or negligence of the obligor consists in the omission
In actions based on quasi-delict, a principal can only be held liable of that diligence which is required by the nature of the obligation and
for the tort committed by its agents employees if it has been corresponds with the circumstances of the persons, of the time and of
established by preponderance of evidence that the principal was also the place. When negligence shows bad faith, the provisions of Articles
at fault or negligent or that the principal exercise control and 1171 and 2201, paragraph 2, shall apply.
supervision over them.
If the law or contract does not state the diligence which is to be
Art. 1192. In case both parties have committed a breach of the observed in the performance, that which is expected of a good father
obligation, the liability of the first infractor shall be equitably tempered of a family shall be required. (1104a)
by the courts. If it cannot be determined which of the parties first
violated the contract, the same shall be deemed extinguished, and Art. 1174. Except in cases expressly specified by the law, or when it is
each shall bear his own damages. otherwise declared by stipulation, or when the nature of the obligation
requires the assumption of risk, no person shall be responsible for those
Article 2220 of the Civil Code requires evidence of bad faith and fraud events which could not be foreseen, or which, though foreseen, were
and moral damages are generally not recoverable in culpa inevitable.
contractual except when bad faith had been proven.
2. Culpa Aquiliana (quasi-delict)
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Governed mainly by Art. 2176 of the Civil Code 1. When the penalty provided for the offense is equal to or lower than
those provided in the first two paragraphs of this article, in which case
Art. 2176: Whoever by act or omission causes damage to another, there the court shall impose the penalty next lower in degree than that which
being fault or negligence, is obliged to pay for the damage done. Such should be imposed in the period which they may deem proper to apply.
fault or negligence, if there is no pre-existing contractual relation
between the parties, is called a quasi-delict and is governed by the 2. When, by imprudence or negligence and with violation of the
provisions of this Chapter. Automobile Law, to death of a person shall be caused, in which case
the defendant shall be punished by prision correccional in its medium
3. Culpa Criminal (criminal negligence) and maximum periods.
Governed by Art. 365 of the Revised Penal Code.
Reckless imprudence consists in voluntary, but without malice, doing or
falling to do an act from which material damage results by reason of
Art. 365: Imprudence and negligence. Any person who, by reckless inexcusable lack of precaution on the part of the person performing of
imprudence, shall commit any act which, had it been intentional, failing to perform such act, taking into consideration his employment or
would constitute a grave felony, shall suffer the penalty of arresto mayor occupation, degree of intelligence, physical condition and other
in its maximum period to prision correccional in its medium period; if it circumstances regarding persons, time and place.
would have constituted a less grave felony, the penalty of arresto
mayor in its minimum and medium periods shall be imposed; if it would Simple imprudence consists in the lack of precaution displayed in those
have constituted a light felony, the penalty of arresto menor in its cases in which the damage impending to be caused is not immediate
maximum period shall be imposed. nor the danger clearly manifest.

Any person who, by simple imprudence or negligence, shall commit an The penalty next higher in degree to those provided for in this article
act which would otherwise constitute a grave felony, shall suffer the shall be imposed upon the offender who fails to lend on the spot to the
penalty of arresto mayor in its medium and maximum periods; if it would injured parties such help as may be in this hand to give.
have constituted a less serious felony, the penalty of arresto mayor in its
minimum period shall be imposed. -PNR vs CA

When the execution of the act covered by this article shall have only -Keppel Cebu Shipyard vs Pioneer Insurance and Surety Corp.
resulted in damage to the property of another, the offender shall be
punished by a fine ranging from an amount equal to the value of said
damages to three times such value, but which shall in no case be less a. Test of determining negligence
than twenty-five pesos.
1. Did the defendant in doing the alleged negligent act use the
A fine not exceeding two hundred pesos and censure shall be imposed reasonable care and caution which an ordinarily prudent person
upon any person who, by simple imprudence or negligence, shall cause would have used in the same situation?
some wrong which, if done maliciously, would have constituted a light If not then he is guilty of negligence.
felony. 2. Could a prudent man, in the case under consideration, foresee
harm as a result of the course pursued?
In the imposition of these penalties, the court shall exercise their sound If so, it was the duty of the actor to take precautions to guard
discretion, without regard to the rules prescribed in Article sixty-four. against harm.

The provisions contained in this article shall not be applicable:


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NOTES: 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
Negligence is a conduct - the determination of the existence of Code)
negligence is concerned with what the defendant did or did not do 4. GENERAL RULE: Prima facie presumption of negligence of the
The state of mind of the actor is not important; good faith or use defendant arises if death or injury results from his possession of
of sound judgment is immaterial. The existence of negligence in a dangerous weapons or substance.
given case is not determined by reference to the personal EXCEPTION: When such possession or use is indispensable to his
judgment but by the behavior of the actor in the situation before occupation or business. (Article 2188 Civil Code)
him. (Picart vs. Smith)
Negligence is a conduct that creates an undue risk of harm to 5. GENERAL RULE: Presumption of negligence of the common carrier
others. arises in case of loss, destruction or deterioration of the goods, or in case
The determination of negligence is a question of foresight on the of death or injury of passengers.
part of the actor FORESEABILITY. EXCEPTION: Upon proof of exercise of extraordinary diligence.
Even if a particular injury was not foreseeable, the risk is still
foreseeable if possibility of injury is foreseeable.
Forseeability involves the question of PROBABILITY, that is, the
existence of some real likelihood of some damage and the likelihood is -Guilang vs Bedania
of such appreciable weight reasonably to induce, action to avoid it. -Perena vs Zarate

d. Res Ipsa Loquitor

The thing or transaction speaks for itself.


It is a rule of evidence peculiar to the law of negligence which
-Gaid vs People
recognizes that prima facie negligence may be established in
the absence of direct proof, and furnishes a substitute for
b. Quantum of Proof in Quasi Delict
specific proof of negligence.
In quasi delict, the negligence or fault should be clearly established
because it is the basis of the action, whereas in the breach of Requisites of Res Ipsa Loquitor:
contract, the action can be prosecuted merely by proving the
existence of a contract. 1. The accident was of a kind which ordinarily does not occur in the
absence of someones negligence;
-Dr. Huang vs Philippine Hoteliers, Inc. 2. The instrumentality which caused the injury was under the exclusive
control and management of the person charged with negligence;
c. Presumptions of Negligence (Art.2184, 2185,2188, 1756 of CC) and
3. The injury suffered must not have been due to any voluntary
1. In motor vehicle mishaps, the owner is presumed negligent if he was action or contribution on the part of the person injured; absence of
in the vehicle and he could have used due diligence to prevent the explanation by the defendant
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 -Professional Services, Inc. vs Agana (2007)
twice for the next preceding two months. (Article 2184 Civil Code) -Del Carmen vs Bacoy
-Malayan Insurance Co., Inc. vs Alberto
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times, the duty of providing quality medical services is no longer the sole
e. Captain of the Ship Doctrine prerogative and responsibility of the physician. The modern hospitals
have changed structure. Hospitals now tend to organize a highly
The head surgeon is made liable for everything that goes wrong professional medical staff whose competence and performance need
within the four corners of the operating room. to be monitored by the hospitals commensurate with their inherent
It enunciates the liability of the surgeon not only for the wrongful responsibility to provide quality medical care.
acts of those under his physical control but also those wherein he has
extension of control. -Professional Services, Inc. vs CA (2008)
C. NOT WARRANTORS -Professional Services,Inc. vs CA (2010)
Physicians are not warrantors of cures or insurers against personal
injuries or death of the patient. IV. Criminal Negligence vs Civil Negligence (art. 2177 of CC)

D. PROOF Art. 2177: Responsibility for fault or negligence under the preceding
Expert testimony should be offered to prove that the article is entirely separate and distinct from the civil liability arising from
circumstances are constitutive of conduct falling below the standard negligence under the Penal Code. But the plaintiff cannot recover
of care employed by other physicians in good standing when damages twice for the same act or omission of the defendant.
performing the same operation.
Medical malpractice can also be established by relying on the Criminal negligence is a violation of criminal law while civil negligence
doctrine of res ipsa loquitor; in which case the need of expert testimony is a distinct and independent negligence which is culpa aquiliana or
is dispensed with because the injury itself provides the proof of quasi delict of ancient origin, having always its own foundation and
negligence. (Ramos vs. CA, GR No.124354, December 29, 1999) individuality, separate from criminal negligence.
Example: The doctrine was applied in a case of removal of the
wrong part of the body when another part was intended.
a. Actions available to victims of negligence (art 100,103 of RPC; Art
Two pronged evidence: 29,30,31,32,33,2180 of CC)
a. Evidence as to the recognized standards of the medical community
in the particular kind of case; and Art. 100: Civil liability of a person guilty of felony. Every person
b. A showing that the physician departed from this standard in his criminally liable for a felony is also civilly liable.
treatment.
Four elements in medical negligence cases: duty, breach, injury Art. 103: Subsidiary civil liability of other persons. The subsidiary
and proximate causation. liability established in the next preceding article shall also apply to
employers, teachers, persons, and corporations engaged in any kind
of industry for felonies committed by their servants, pupils, workmen,
-Dr. Cantre vs Spouses Go apprentices, or employees in the discharge of their duties.

f. Doctrine of Corporate Responsibility Art. 29: When the accused in a criminal prosecution is acquitted on
the ground that his guilt has not been proved beyond reasonable
Recent years have seen the doctrine of corporate responsibility as the doubt, a civil action for damages for the same act or omission may be
judicial answer to the problem allocating hospitals liability for the instituted. Such action requires only a preponderance of evidence.
negligent acts of health practitioners absent facts to support the Upon motion of the defendant, the court may require the plaintiff to
application of respondeat superior or apparent authority. Its formulation file a bond to answer for damages in case the complaint should be
proceeds from the judiciarys acknowledgement that in these modern found to be malicious.
TORTS AND DAMAGES Page 8 of 24

(16) The right of the accused to be heard by himself and counsel, to


If in a criminal case the judgment of acquittal is based upon be informed of the nature and cause of the accusation against him,
reasonable doubt, the court shall so declare. In the absence of any to have a speedy and public trial, to meet the witnesses face to face,
declaration to that effect, it may be inferred from the text of the and to have compulsory process to secure the attendance of witness
decision whether or not the acquittal is due to that ground. in his behalf;
(17) Freedom from being compelled to be a witness against one's self,
Art. 30: When a separate civil action is brought to demand civil liability or from being forced to confess guilt, or from being induced by a
arising from a criminal offense, and no criminal proceedings are promise of immunity or reward to make such confession, except when
instituted during the pendency of the civil case, a preponderance of the person confessing becomes a State witness;
evidence shall likewise be sufficient to prove the act complained of. (18) Freedom from excessive fines, or cruel and unusual punishment,
unless the same is imposed or inflicted in accordance with a statute
Art. 31: When the civil action is based on an obligation not arising from which has not been judicially declared unconstitutional; and
the act or omission complained of as a felony, such civil action may (19) Freedom of access to the courts.
proceed independently of the criminal proceedings and regardless of
the result of the latter. In any of the cases referred to in this article, whether or not the
defendant's act or omission constitutes a criminal offense, the
Art. 32: Any public officer or employee, or any private individual, who aggrieved party has a right to commence an entirely separate and
directly or indirectly obstructs, defeats, violates or in any manner distinct civil action for damages, and for other relief. Such civil action
impedes or impairs any of the following rights and liberties of another shall proceed independently of any criminal prosecution (if the latter
person shall be liable to the latter for damages: be instituted), and mat be proved by a preponderance of evidence.
The indemnity shall include moral damages. Exemplary damages may
(1) Freedom of religion; also be adjudicated.
(2) Freedom of speech;
(3) Freedom to write for the press or to maintain a periodical The responsibility herein set forth is not demandable from a judge
publication; unless his act or omission constitutes a violation of the Penal Code or
(4) Freedom from arbitrary or illegal detention; other penal statute.
(5) Freedom of suffrage;
(6) The right against deprivation of property without due process of Art. 33: In cases of defamation, fraud, and physical injuries a civil
law; action for damages, entirely separate and distinct from the criminal
(7) The right to a just compensation when private property is taken for action, may be brought by the injured party. Such civil action shall
public use; proceed independently of the criminal prosecution, and shall require
(8) The right to the equal protection of the laws; only a preponderance of evidence.
(9) The right to be secure in one's person, house, papers, and effects
against unreasonable searches and seizures;
(10) The liberty of abode and of changing the same; b. Procedural Aspect (Sections 1,2,3 and 4 of Rule 111 of Rules of Court
(11) The privacy of communication and correspondence; on Criminal Procedure)
(12) The right to become a member of associations or societies for
purposes not contrary to law;
(13) The right to take part in a peaceable assembly to petition the
government for redress of grievances;
(14) The right to be free from involuntary servitude in any form; RULE 111
(15) The right of the accused against excessive bail;
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Prosecution of Civil Action shall pay additional filing fees based on the amounts alleged therein. If
the amounts are not so alleged but any of these damages are
Section 1. Institution of criminal and civil actions. (a) When a criminal subsequently awarded by the court, the filing fees based on the
action is instituted, the civil action for the recovery of civil liability arising amount awarded shall constitute a first lien on the judgment.
from the offense charged shall be deemed instituted with the criminal
action unless the offended party waives the civil action, reserves the Where the civil action has been filed separately and trial thereof has
right to institute it separately or institutes the civil action prior to the not yet commenced, it may be consolidated with the criminal action
criminal action. upon application with the court trying the latter case. If the application
is granted, the trial of both actions shall proceed in accordance with
The reservation of the right to institute separately the civil action shall be section 2 of this Rule governing consolidation of the civil and criminal
made before the prosecution starts presenting its evidence and under actions. (cir. 57-97)
circumstances affording the offended party a reasonable opportunity
to make such reservation. Section 2. When separate civil action is suspended. After the criminal
action has been commenced, the separate civil action arising
When the offended party seeks to enforce civil liability against the therefrom cannot be instituted until final judgment has been entered in
accused by way of moral, nominal, temperate, or exemplary damages the criminal action.
without specifying the amount thereof in the complaint or information,
the filing fees thereof shall constitute a first lien on the judgment If the criminal action is filed after the said civil action has already been
awarding such damages. instituted, the latter shall be suspended in whatever stage it may be
found before judgment on the merits. The suspension shall last until final
Where the amount of damages, other than actual, is specified in the judgment is rendered in the criminal action. Nevertheless, before
complaint or information, the corresponding filing fees shall be paid by judgment on the merits is rendered in the civil action, the same may,
the offended party upon the filing thereof in court. upon motion of the offended party, be consolidated with the criminal
action in the court trying the criminal action. In case of consolidation,
Except as otherwise provided in these Rules, no filing fees shall be the evidence already adduced in the civil action shall be deemed
required for actual damages. automatically reproduced in the criminal action without prejudice to
the right of the prosecution to cross-examine the witnesses presented
by the offended party in the criminal case and of the parties to present
No counterclaim, cross-claim or third-party complaint may be filed by
additional evidence. The consolidated criminal and civil actions shall
the accused in the criminal case, but any cause of action which could
be tried and decided jointly.
have been the subject thereof may be litigated in a separate civil
action. (1a)
During the pendency of the criminal action, the running of the period
of prescription of the civil action which cannot be instituted separately
(b) The criminal action for violation of Batas Pambansa Blg. 22 shall be
or whose proceeding has been suspended shall be tolled. (n)
deemed to include the corresponding civil action. No reservation to file
such civil action separately shall be allowed.
The extinction of the penal action does not carry with it extinction of the
civil action. However, the civil action based on delict shall be deemed
Upon filing of the aforesaid joint criminal and civil actions, the offended
extinguished if there is a finding in a final judgment in the criminal action
party shall pay in full the filing fees based on the amount of the check
that the act or omission from which the civil liability may arise did not
involved, which shall be considered as the actual damages claimed.
exist. (2a)
Where the complaint or information also seeks to recover liquidated,
moral, nominal, temperate or exemplary damages, the offended party
TORTS AND DAMAGES Page 10 of 24

Section 3. When civil action may proceeded independently. In the It is one which in natural sequence, undisturbed by any
cases provided for in Articles 32, 33, 34 and 2176 of the Civil Code of the independent cause, produces the result complained of. The
Philippines, the independent civil action may be brought by the result, however, must be the natural and probable
offended party. It shall proceed independently of the criminal action consequence such as ought to have been foreseen as likely to
and shall require only a preponderance of evidence. In no case, flow from the act complained of.
however, may the offended party recover damages twice for the same
act or omission charged in the criminal action. (3a) -Philippine National Railways Corp. vs Vizcara
-Philippine National Bank vs F.F. Cruz and Co., Inc.
Section 4. Effect of death on civil actions. The death of the accused
after arraignment and during the pendency of the criminal action shall b. Tests of Proximate Cause
extinguish the civil liability arising from the delict. However, the
independent civil action instituted under section 3 of this Rule or which
thereafter is instituted to enforce liability arising from other sources of 1. Foreseeability test- where the particular harm was reasonably
obligation may be continued against the estate or legal representative foreseeable at the time of the defendants misconduct, his act
of the accused after proper substitution or against said estate, as the or omission is the legal cause thereof. It is the fundamental test
case may be. The heirs of the accused may be substituted for the of the law of negligence.
deceased without requiring the appointment of an executor or 2. Natural and probable consequence test- where the
administrator and the court may appoint a guardian ad litem for the defendants liability is recognized only if the harm or injury
minor heirs. suffered is the natural and probable consequence of his act or
omission complained of.
3. Sine qua non test- where the defendants conduct will not be
-People vs Ritter considered as proximate cause of the event if the event just the
-Heirs of Simon vs Chan same would have occurred without it. In a broader sense, the
defendants conduct is a cause of the event if it was a material
V. Proximate Cause (Art 2179 of CC) element and a substantial factor in bringing it about, whether it
was such a substantial factor is for the court to determine, unless
Art. 2179. When the plaintiffs own negligence was the immediate and the issue is so clear that reasonable men could not differ.
proximate cause of his injury, he cannot recover damages. But if his 4. Cause and conditions test- this is the test where a distinction is
negligence was only contributory, the immediate and proximate cause made between the active cause of the harm or injury and the
of the injury being the defendants lack of due care, the plaintiff may existing conditions upon which that cause operated. If the
recover damages, but the courts shall mitigate the damages to be defendant has created only a passive static condition, which
awarded. made the damage possible, he is not liable.

-Agusan Del Norte Electric Cooperative, Inc. (ANECO) vs Balen


a. Concept
c. Contributory Negligence
It is the adequate and efficient cause as in the natural order of
events, and under the particular circumstances surrounding the It is the act or omission amounting to want of ordinary care on the part
case, would necessary produce the event. of the person injured which, concurring with the defendants
Is that cause which, in natural and continuous sequence, negligence, is the proximate cause of the injury. To hold a person as
unbroken by any efficient intervening cause, produces the having contributed to his injuries, it must be shown that he performed
injury, and without which the result would not have occurred.
TORTS AND DAMAGES Page 11 of 24

an act that brought about his injuries in disregard of warnings or signs of approach, get on or use it and this attractiveness is an implied
an impending danger to health and body. invitation to such children.

It is the omission of the diligence required by the circumstances by virtue This doctrine is generally not applicable to bodies of water, in the
of which a person could have avoided injury to himself. It may be an absence of some unusual condition or artificial features other than the
omission of diligence by which the injured party contributed to the mere water and its location.
cause which gives rise to the injury; or it may be the failure to take the
caution to avoid or minimize such injury.
f. Doctrine of Last Clear Chance
It does not mean that the plaintiff owed a duty to the defendant to take
care; it means the plaintiff failed to use reasonable care for his own This was adopted to allow recovery to plaintiff who happened to have
safety and this contributed to his own damages. been negligent also, provided the defendant has the last opportunity
to avoid the accident but failed to do so.
Where one is part author of his own injury, he cannot call on the other
party to compensate him in full In the application of this doctrine, there must be negligence on the
part of both parties. Otherwise, it is not applicable.
It requires foreseeability of harm to oneself.
This doctrine simply provides that the negligence of the claimant does
-NPC vs Heirs of Noble Casionan not preclude a recovery for the negligence of the defendant where it
-Allied Banking Corporation vs BPI appears that the latter, by exercising reasonable care and prudence
might have avoided injurious consequences to the claimant
d. Doctrine of Comparative Negligence notwithstanding his negligence.

The negligence of both the plaintiff and of the defendant are Viewed as a phase of proximate cause, the negligence of the plaintiff
compared for the purpose of reaching an equitable apportionment of is just a remote cause of the accident. The proximate cause is still the
their respective liabilities for the damages caused and suffered by the subsequent negligence of the defendant in failing to exercise ordinary
plaintiff. care to avoid the accident.

E .Attractive Nuisance VI. Vicarious Liability (Art 2180,2182 of CC; Art 221 and 218 of Family
Code; Rule 92, sec. 2 of Rules of Court)
One who maintains on his premises dangerous instrumentalities or
appliances of a character likely to attract children in play, and who Art. 2180: The obligation imposed by Article 2176 is demandable not
fails to exercise ordinary care to prevent children from playing only for one's own acts or omissions, but also for those of persons for
therewith or resorting thereto, is liable to a child of tender years who is whom one is responsible.
injured thereby, even if the child is technically a trespasser in the
premises. 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
The principal reason for this doctrine is that the condition or appliance their company.
in question although in danger is apparent to those of age, is so
enticing and alluring to children of tender years as to induce them to
TORTS AND DAMAGES Page 12 of 24

Guardians are liable for damages caused by the minors or Authority and responsibility shall apply to all authorized activities
incapacitated persons who are under their authority and live in their whether inside or outside the premises of the school, entity or
company. institution.

The owners and managers of an establishment or enterprise are Rule 92 Section 2: Meaning of word "incompetent." Under this
likewise responsible for damages caused by their employees in the rule, the word "incompetent" includes persons suffering the penalty of
service of the branches in which the latter are employed or on the civil interdiction or who are hospitalized lepers, prodigals, deaf and
occasion of their functions. dumb who are unable to read and write, those who are of unsound
mind, even though they have lucid intervals, and persons not being of
Employers shall be liable for the damages caused by their employees unsound mind, but by reason of age, disease, weak mind, and other
and household helpers acting within the scope of their assigned tasks, similar causes, cannot, without outside aid, take care of themselves
even though the former are not engaged in any business or industry. and manage their property, becoming thereby an easy prey for
deceit and exploitation.
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 Vicarious Liability or Doctrine of Imputed Negligence:
whom the task done properly pertains, in which case what is provided
in Article 2176 shall be applicable. 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
Lastly, teachers or heads of establishments of arts and trades shall be whom he is responsible. (Article 2180 Civil Code)
liable for damages caused by their pupils and students or apprentices, Exercise of diligence of a good father of a family to prevent damage
so long as they remain in their custody. is a defense.

The responsibility treated of in this article shall cease when the persons Persons Vicariously Liable: (Article 2180 of the Civil Code)
herein mentioned prove that they observed all the diligence of a
good father of a family to prevent damage. (1903a) 1. The Father, or in case of death or incapacity, mother
For damage caused by:
Art. 2182: If the minor or insane person causing damage has no a) minor children
parents or guardian, the minor or insane person shall be answerable b) living in their company
with his own property in an action against him where a guardian ad This has already been modified by Art. 221 of
litem shall be appointed. the Family Code to the extent that the
alternative qualification of the liability of the
Art. 221: Parents and other persons exercising parental authority shall father and the mother has been removed.
be civilly liable for the injuries and damages caused by the acts or
omissions of their unemancipated children living in their company and NOTES:
under their parental authority subject to the appropriate defenses The basis of liability for the acts or omissions of their minor
provided by law children is the parental authority that they exercise over
them, except for children 18 to 21.
Art. 218: The school, its administrators and teachers, or the individual, The same foreseability test of negligence should apply to
entity or institution engaged in child are shall have special parental parents when they are sought to be held liable under Art.
authority and responsibility over the minor child while under their 2180, NCC
supervision, instruction or custody.
TORTS AND DAMAGES Page 13 of 24

The liability is not limited to parents, the same is also and the latter caused the injury while performing his assigned task
imposed on those exercising substitute and special or functions.
parental authority, i.e., guardian. The vicarious liability attaches only when the tortuous conduct of
The liability is present only both under Art 2180 of the NCC the employees relates to or is in the course of his employment.
and Art 221 of the Family Code if the child is living in his While the employer incurs no liability when an employees
parents company. conduct, act or omission is beyond the range of employment, a
Parental authority is not the sole basis of liability. A teacher minor deviation from the assigned task of an employee, however
in charge is still liable for the acts of their students even if does not affect the liability of an employer. (Valenzuela vs. CA,
the minor student reaches the age of majority. 253 SCRA 303)
The parents or guardians can still be held liable even if the It is a defense that the employer exercised proper diligence in the
minor is already emancipated provided that he is below 21 selection and supervision of negligent employee.
years of age.
Parents and other persons exercising parental authority 5. State
can escape liability by proving that they observed all the For damage caused by:
diligence of a good father of a family to prevent damages. a) a special agent
(Art. 2180) b) not when the damage has been caused by the official to
The burden of proof rests on the parents and persons whom the task done properly pertains
exercising parental authority. Public officers who are guilty of tortuous
conduct are personally liable for their actions.
2. Guardians
For damage caused by 6. Schools, Teachers and Administrators
a. minors or incapacitated persons For damage caused by:
b. under their authority a) pupils and students or apprentices
c. living in their company b) in their custody
statutory basis:
3. Owners and managers of establishments if student is minor Art. 219, FC
For damage caused by: if student is no longer a minor Art. 2180, Civil Code
a) their employees
b) in the service of the branches in which they are employed, or Notes:
c) on the occasion of their functions Applies also to teachers of academic institutions.
Liability attaches to the teacher-in-charge.
4. Employers The school itself is now solidarily liable with the teacher-in-
For damages cause by: charge.
a) employees and household helpers The liability extends to acts committed even outside the
b) acting within the scope of their assigned tasks school so long as it is an official activity of the school.
c) even if the employer is not engaged in any business or industry Whenever the school or teacher is being made liable, the
parents and those exercising substitute parental authority
Notes: are not free from liability because Art. 219 of the Family
Liability of the employer can be established by proving the Code expressly provides that they are subsidiarily liable.
existence of an employer-employee relationship with the actor
TORTS AND DAMAGES Page 14 of 24

Art. 2180 makes teachers and heads liable for acts of Partners are liable as joint tort-feasors.
students and apprentices whether the latter are minors or Vicarious liability is similar to the common law rule on
not. respondeat superior.
Liability is entirely imputed and the partnership cannot
GENERAL RULE: The teacher-in-charge is liable for the acts of his obviously invoke diligence in the selection and supervision
students. The school and administrators are not liable. of the partner.
EXCEPTION: It is only the head of the school, not the teacher who is
held liable where the injury is caused in a school of arts and trade. 3. Spouses
The liability of the teacher subsists whether the school is academic a. absolute community of property
or non- academic. The absolute community property shall be for
Liability is imposed only if the pupil is already in the custody of the liabilities incurred by either spouses by reason
teacher or head. The student is in the custody of the school of crime or quasi-delict in case of absence or
authorities as longs as he is under the control and influence of the insufficiency of the exclusive property of the
school and within its premises whether the semester had not yet debtor-spouse. (Article 94 Family Code)
begun or has already ended. Payments shall be considered advances to be
The victim of negligence is likewise deducted from the share of the debtor spouse
required to exercise due care in upon liquidation of the community.
avoiding injury to himself. b. conjugal partnership of gains

Other Persons Vicariously Liable: GENERAL RULE: Pecuniary indemni-ties imposed upon the husband
1. Innkeepers and Hotelkeepers or wife are not chargeable against the conjugal partnership but
They are civilly liable for crimes committed in their against the separate properties of the wrongdoer.
establishments in cases of violations of statutes by EXCEPTION: Conjugal partnership should be made liable:
them, in default of persons criminally liable. (Article 102 1) When the profits have inured to the
Revised Penal Code) benefit of the partnership, or
They are subsidiarily liable for the restitution of goods 2) If one of the spouses committed the tort
taken by robbery or theft within their houses from while performing a business or if the act
guests lodging therein, or for payment of the value was supposed to benefit the partnership.
thereof, provided that: c. regime of separation of property
a. The innkeeper was notified in advance of Each spouse is responsible for his/her separate obligation
the deposit of such goods within the inn;
and The guest shall have followed the - Libi vs Intermediate Appellate Court
directions which such innkeeper or his -Keppel Cebu Shipyard Inc. vs Pioneer Insurance and Surety
representative may have given with Corporation
respect to the care and vigilance over the -Filcar Transport Services vs Espinas
goods.

2. Partnership
Partnership or every partner is liable for torts committed by
one of the partners acting within the scope of the firm
business, though they do not participate in, ratify, or have
knowledge of such torts.
TORTS AND DAMAGES Page 15 of 24

DEFENSES ON ACTIONS BASED ON NEGLIGENCE (1)That the plaintiff himself has contravened the terms of the contract;
A. Damnum Absque Injuria (2)That the plaintiff has derived some benefit as a result of the
Definition: A principle of tort law in which some person (natural or contract;
legal)causes damage or loss to another, but does not injure them. (3)In cases where exemplary damages are to be awarded, that the
Custodio vs. Court of Appeals, G.R. No. 116100, Feb 9, 1996 defendant acted upon the advice of counsel; (4) That the loss would
B. Emergency Rule on Sudden Peril Doctrine have resulted in any event; (5) That since the filing of the action, the
McKee vs. Intermediate Appellate Court, G.R. No. L-68102, defendant has done his best to lessen the plaintiff's loss or injury.
July 16, 1992
Valenzuela vs. Court of Appeals, G.R. No. 115024, Feb 7, Napocor vs. Court of Appeals, G.R. No. 103442-45, May 21,
1996 1993
C. Assumption of Risk Eastern Shipping Lines, Inc. vs. IAC, G.R. No. L-71478, May
Ilocos Norte Electric Company vs. Court of Appeals, G.R. 29, 1987
No. L-53401, Nov 6, 1989 G. Accident
Jarco Marketing Corp vs. Court of Appeals, G.R. No. 129792,
D. Contributory Negligence (Art. 2179, NCC) December 21, 1999
Art. 2179. When the plaintiff's own negligence was the immediate and
proximate cause of his injury, he cannot recover damages. But if his H. Prescription (Art. 1146, NCC)
negligence was only contributory, the immediate and proximate Art. 1146. The following actions must be instituted within four years: (1)
cause of the injury being the defendant's lack of due care, the plaintiff Upon an injury to the rights of the plaintiff; (2) Upon a quasi-delict;
may recover damages, but the courts shall mitigate the damages to Allied Banking Corporation vs. Court of Appeals, G.R. No.
be awarded. L-8586, October 13, 1989

Manzanares vs. People, G.R. No. 153760-61, October 12, DAMAGES


2006 1. General Principles (Arts 2195-2198, 2216 NCC)
Phil. Commercial International Bank vs. Court of Appeals, Art. 2195. The provisions of this Title shall be respectively applicable to
G.R. No. 121413, January 29, 2001 all obligations mentioned in Article 1157.

E. Valenti Non Fit Injuria Art. 2196. The rules under this Title are without prejudice to special
Definition: is a defense in tort that means where a person engages in provisions on damages formulated elsewhere in this Code.
an event accepting and aware of the risks inherent in that event, then Compensation for workmen and other employees in case of death,
they cannot later complain of, or seek compensation for an injury injury or illness is regulated by special laws. Rules governing damages
suffered during the event. laid down in other laws shall be observed insofar as they are not in
conflict with this Code.
F. Fortuitous Event (Art. 2215 (4) NCC)
Art. 2215. In contracts, quasi-contracts, and quasi-delicts, the court Art. 2197. Damages may be: MENTAL
may equitably mitigate the damages under circumstances other than (1) Actual or compensatory;
the case referred to in the preceding article, as in the following (2) Moral;
instances: (3)Nominal;
(4) Temperate or moderate;
(5) Liquidated; or
(6) Exemplary or corrective.
TORTS AND DAMAGES Page 16 of 24

Art. 2198. The principles of the general law on damages are hereby quasi-delict shall be at least three thousand pesos, even though there
adopted insofar as they are not inconsistent with this Code. may have been mitigating circumstances.
In addition:
Baez vs. Valdevilla, 331 SCRA 584 (1) The defendant shall be liable for the loss of the earning capacity of
the deceased, and the indemnity shall be paid to the heirs of the
2. Actual and Compensatory Damages (Art. 2199-2215 NCC) latter; such indemnity shall in every case be assessed and awarded by
Art. 2199. Except as provided by law or by stipulation, one is entitled to the court, UNLESS the deceased on account of permanent physical
an adequate compensation only for such pecuniary loss suffered by disability not caused by the defendant, had no earning capacity at
him as he has duly proved. Such compensation is referred to as actual the time of his death;
or compensatory damages. (2) If the deceased was obliged to give support according to the
provisions of Article 291, the recipient who is not an heir called to the
Art. 2200. Indemnification for damages shall comprehend not only the decedent's inheritance by the law of testate or intestate succession,
value of the loss suffered, but also that of the profits which the obligee may demand support from the person causing the death, for a period
failed to obtain. (1106) not exceeding five years, the exact duration to be fixed by the court;
(3) The spouse, legitimate and illegitimate descendants and
Art. 2201. In contracts and quasi-contracts, the damages for which the ascendants of the deceased may demand moral damages for
obligor who acted in good faith is liable shall be those that are the mental anguish by reason of the death of the deceased.
natural and probable consequences of the breach of the obligation,
and which the parties have foreseen or could have reasonably Art. 2207. If the plaintiff's property has been insured, and he has
foreseen at the time the obligation was constituted. received indemnity from the insurance company for the injury or loss
In case of fraud, bad faith, malice or wanton attitude, the obligor shall arising out of the wrong or breach of contract complained of, the
be responsible for all damages which may be reasonably attributed to insurance company shall be subrogated to the rights of the insured
the non-performance of the obligation. (1107a) against the wrongdoer or the person who has violated the contract. If
the amount paid by the insurance company does not fully cover the
Art. 2202. In crimes and quasi-delicts, the defendant shall be liable for injury or loss, the aggrieved party shall be entitled to recover the
all damages which are the natural and probable consequences of deficiency from the person causing the loss or injury.
the act or omission complained of. It is not necessary that such
damages have been foreseen or could have reasonably been Art. 2208. In the absence of stipulation, attorney's fees and expenses
foreseen by the defendant. of litigation, other than judicial costs, cannot be recovered, except:
(1) When exemplary damages are awarded;
Art. 2203. The party suffering loss or injury must exercise the diligence (2) When the defendant's act or
of a good father of a family to minimize the damages resulting from omission has compelled the plaintiff to litigate with third persons or to
the act or omission in question. incur expenses to protect his interest;
(3) In criminal cases of malicious
Art. 2204. In crimes, the damages to be adjudicated may be prosecution against the plaintiff;
respectively increased or lessened according to the aggravating or (4) In case of a clearly unfounded civil action or proceeding against
mitigating circumstances. the plaintiff;
(5) Where the defendant
Art. 2205. Damages may be recovered: (1) For loss or impairment of acted in gross and evident bad faith in refusing to satisfy the plaintiff's
earning capacity in cases of temporary or permanent personal injury; plainly valid, just and demandable claim;0
(2) For injury to the plaintiff's business standing or commercial credit. (6) In actions for legal support;
Art. 2206. The amount of damages for death caused by a crime or (7) In actions for the recovery of wages of household helpers, laborers
TORTS AND DAMAGES Page 17 of 24

and skilled workers; (1) That the plaintiff himself has contravened the terms of the contract;
(8) In actions for indemnity under workmen's (2) That the plaintiff has derived some benefit as a result of the
compensation and employer's liability laws; contract;
(9) In a separate civil action (3) In cases where exemplary damages are to be awarded, that the
to recover civil liability arising from a crime; defendant acted upon the advice of counsel;
(10) When at least double judicial costs are awarded; (4) That the loss would
(11) In any other case where the court deems have resulted in any event;
it just and equitable that attorney's fees and expenses of litigation (5) That since the filing of the action, the
should be recovered. defendant has done his best to lessen the plaintiff's loss or injury.

In all cases, the attorney's fees and expenses of litigation must be People vs. Tambis, G.R. No. 175589, July 28, 2008
reasonable. People vs. Silongan, 537 SCRA 757
People vs. Ocampo, G.R. No. 177753, September 25, 2009
Art. 2209. If the obligation consists in the payment of a sum of money, Pan Malayan Insurance Corp vs. Court of Appeals, 184
and the debtor incurs in delay, the indemnity for damages, there SCRA 54
being no stipulation to the contrary, shall be the payment of the National Housing Authority vs. Heirs of Isidro Guivelondo,
interest agreed upon, and in the absence of stipulation, the legal G.R. No. 166518, June 16, 2009
interest, which is six per cent per annum. (1108)
3. Moral Damages (Art. 2217-2220, NCC)
Art. 2210. Interest may, in the discretion of the court, be allowed upon Art. 2217. Moral damages include physical suffering, mental anguish,
damages awarded for breach of contract. fright, serious anxiety, besmirched reputation, wounded feelings, moral
shock, social humiliation, and similar injury. Though incapable of
Art. 2211. In crimes and quasi-delicts, interest as a part of the damages pecuniary computation, moral damages may be recovered if they
may, in a proper case, be adjudicated in the discretion of the court. are the proximate result of the defendant's wrongful act for omission.

Art. 2212. Interest due shall earn legal interest from the time it is Art. 2218. In the adjudication of moral damages, the sentimental value
judicially demanded, although the obligation may be silent upon this of property, real or personal, may be considered.
point. (1109a)
Art. 2219. Moral damages may be recovered in the following and
Art. 2213. Interest cannot be recovered upon unliquidated claims or analogous cases: (1) A criminal offense resulting in physical injuries;
damages, except when the demand can be established with (2) Quasi-delicts causing physical injuries;
reasonably (3) Seduction, abduction, rape, or other lascivious acts;
certainty. (4) Adultery or concubinage;
(5) Illegal or arbitrary detention or arrest;
Art. 2214. In quasi-delicts, the contributory negligence of the plaintiff (6) Illegal search;
shall reduce the damages that he may recover. (7) Libel, slander or any other form 309;
(10) Acts and actions referred to in Articles 21, 26, 27, 28, 29, 30, 32,
Art. 2215. In contracts, quasi-contracts, and quasi-delicts, the court 34, and 35.
may equitably mitigate the damages under circumstances other than
the case referred to in the preceding article, as in the following The parents of the female seduced, abducted, raped, or abused,
instances: referred to in No. 3 of this article, may also recover moral damages.
The spouse, descendants, ascendants, and brothers and sisters may
TORTS AND DAMAGES Page 18 of 24

bring the action mentioned in No. 9 of this article, in the order named. 6. Liquidated Damages (Arts 2226-2228)
Art. 2226. Liquidated damages are those agreed upon by the parties
Art. 2220. Willful injury to property may be a legal ground for awarding to a contract, to be paid in case of breach thereof.
moral damages if the court should find that, under the circumstances,
such damages are justly due. The same rule applies to breaches of Art. 2227. Liquidated damages, whether intended as an indemnity or
contract where the defendant acted fraudulently or in bad faith. a penalty, shall be equitably reduced if they are iniquitous or
unconscionable.
De Guzman vs. Turnolva, G.R. No. 188072, October 19, 2011
Yuchengco vs. The Manila Chronicle Publishing Art. 2228. When the breach of the contract committed by the
Corporation, G.R. No. 184315, November 28, 2011 defendant is not the one contemplated by the parties in agreeing
People vs. Cultura, 397 SCRA 368 upon theliquidated damages, the law shall determine the measure of
damages, and not the stipulation.
4. Nominal Damages (Arts 2221-2223, NCC)
Art. 2221. Nominal damages are adjudicated in order that a right of Atlantic Erectors Inc vs. Court of Appeals, G.R. No. 170732,
the plaintiff, which has been violated or invaded by the defendant, October 11, 2012
may be vindicated or recognized, and not for the purpose of
indemnifying the plaintiff for any loss suffered by him. 7. Exemplary or Corrective Damages (Arts. 2229-2235, NCC)
Art. 2229. Exemplary or corrective damages are imposed, by way of
Art. 2222. The court may award nominal damages in every obligation example or correction for the public good, in addition to the moral,
arising from any source enumerated in Article 1157, or in every case temperate, liquidated or compensatory damages.
where any property right has been invaded.
Art. 2230. In criminal offenses, exemplary damages as a part of the
Art. 2223. The adjudication of nominal damages shall preclude further civil liability may be imposed when the crime was committed with one
contest upon the right involved and all accessory questions, as or more aggravating circumstances. Such damages are separate and
between the parties to the suit, or their respective heirs and assigns. distinct from fines and shall be paid to the offended party.

Fantana Resort and Country Club, Inc and RN Art. 2231. In quasi-delicts, exemplary damages may be granted if the
Development Corp vs. Spouses Tan, G.R. No. 154670, defendant acted with gross negligence.
January 30, 2012
Art. 2232. In contracts and quasi-contracts, the court may award
5. Temperate or Moderate Damages (Arts 2224-2225, NCC) exemplary damages if the defendant acted in a wanton, fraudulent,
Art. 2224. Temperate or moderate damages, which are more than reckless, oppressive, or malevolent manner.
nominal but less than compensatory damages, may be recovered
when the court finds that some pecuniary loss has been suffered but Art. 2233. Exemplary damages cannot be recovered as a matter of
its amount cannot, from the nature of the case, be provided with right; the court will decide whether or not they should be adjudicated.
certainty.
Art. 2234. While the amount of the exemplary damages need not be
Art. 2225. Temperate damages must be reasonable under the proved, the plaintiff must show that he is entitled to moral, temperate
circumstances. or compensatory damages before the court may consider the
So vs. Food Forest Land, Inc., G.R. No. 183628, April 7, 2010 question of whether or not exemplary damages should be awarded.
Gonzales vs. Camarines Sur II Electric Cooperative, Inc., G.R. In case liquidated damages have been agreed upon, although no
No. 181096, March 6, 2013 proof of loss is necessary in order that such liquidated damages may
TORTS AND DAMAGES Page 19 of 24

be recovered, nevertheless, before the court may consider the Art. 26. Every person shall respect the dignity, personality, privacy and
question of granting exemplary in addition to the liquidated damages, peace of mind of his neighbors and other persons. The following and
the plaintiff must show that he would be entitled to moral, temperate similar acts, though they may not constitute a criminal offense, shall
or compensatory damages were it not for the stipulation for liquidated produce a cause of action for damages, prevention and other relief:
damages. (1)Prying into the privacy of another's residence;
(2) Meddling with or disturbing the private life or family relations of
Art. 2235. A stipulation whereby exemplary damages are renounced in another;
advance shall be null and void. (3) Intriguing to cause another to be alienated from his friends;
(4) Vexing or humiliating another on account of his religious beliefs,
SPECIAL TORTS (NCC) lowly station in life, place of birth, physical defect, or other personal
1. Articles 19-35 condition.
Art. 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 Art. 27. Any person suffering material or moral loss because a public
observe honesty and good faith. servant or employee refuses or neglects, without just cause, to perform
his official duty may file an action for damages and other relief
Art. 20. Every person who, contrary to law, wilfully or negligently causes against he latter, without prejudice to any disciplinary administrative
damage to another, shall indemnify the latter for the same. action that may be taken.

Art. 21. Any person who wilfully causes loss or injury to another in a Art. 28. Unfair competition in agricultural, commercial or industrial
manner that is contrary to morals, good customs or public policy shall enterprises or in labor through the use of force, intimidation, deceit,
compensate the latter for the damage. machination or any other unjust, oppressive or highhanded method
shall give rise to a right of action by the person who thereby suffers
Art. 22. Every person who through an act of performance by another, damage.
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 Art. 29. When the accused in a criminal prosecution is acquitted on
same to him. the ground that his guilt has not been proved beyond reasonable
doubt, a civil action for damages for the same act or omission may be
Art. 23. Even when an act or event causing damage to another's instituted.
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 Such action requires only a preponderance of evidence. Upon motion
benefited. of the defendant, the court may require the plaintiff to file a bond to
answer for damages in case the complaint should be found to be
Art. 24. In all contractual, property or other relations, when one of the malicious.
parties is at a disadvantage on account of his moral dependence,
ignorance, indigence, mental weakness, tender age or other If in a criminal case the judgment of acquittal is based upon
handicap, the courts must be vigilant for his protection. reasonable doubt, the court shall so declare. In the absence of any
declaration to that effect, it may be inferred from the text of the
Art. 25. Thoughtless extravagance in expenses for pleasure or display decision whether or not the acquittal is due to that ground.
during a period of acute public want or emergency may be stopped
by order of the courts at the instance of any government or private
charitable institution.
TORTS AND DAMAGES Page 20 of 24

Art. 30. When a separate civil action is brought to demand civil liability accusation against him, to have a speedy and public trial, to meet
arising from a criminal offense, and no criminal proceedings are the witnesses face to face, and to have compulsory process to secure
instituted during the pendency of the civil case, a preponderance of the attendance of witness in his behalf;
evidence shall likewise be sufficient to prove the act complained of. (17) Freedom from being compelled to be a witness against one's self,
or from being forced to confess guilt, or from being induced by a
Art. 31. When the civil action is based on an obligation not arising from promise of immunity or reward to make such confession, except when
the act or omission complained of as a felony, such civil action may the person confessing
proceed independently of the criminal proceedings and regardless of becomes a State witness;
the result of the latter. (18) Freedom from excessive fines, or cruel
and unusual punishment, unless the same is imposed or inflicted in
Art. 32. Any public officer or employee, or any private individual, who accordance with a statute which has not been judicially declared
directly or indirectly obstructs, defeats, violates or in any manner unconstitutional; and
impedes or impairs any of the following rights and liberties of another (19) Freedom of access to the courts.
person shall be liable to the latter for damages:
(1) Freedom of religion; In any of the cases referred to in this article, whether or not the
(2) Freedom of speech; defendant's act or omission constitutes a criminal offense, the
(3) Freedom to write for the press or to aggrieved party has a right to commence an entirely separate and
maintain a periodical publication; distinct civil action for damages, and for other relief. Such civil action
(4) Freedom from arbitrary or illegal shall proceed independently of any criminal prosecution (if the latter
detention; be instituted), and may be proved by a preponderance of evidence.
(5) Freedom of suffrage; The indemnity shall include moral damages. Exemplary damages may
(6) The right against deprivation of property without due process of also be adjudicated.
law;
(7) The right to a just compensation when private property is taken for The responsibility herein set forth is not demandable from a judge
public use; unless his act or omission constitutes a violation of the Penal Code or
(8) The right to the equal protection of the laws; other penal statute.
(9) The right to be secure in one's person, house, papers, and effects
against unreasonable searches Art. 33. In cases of defamation, fraud, and physical injuries a civil
and seizures; action for damages, entirely separate and distinct from the criminal
(10) The liberty of abode and of changing the same; action, may be brought by the injured party. Such civil action shall
(11)The privacy of communication and correspondence; proceed independently of the criminal prosecution, and shall require
(12) The right to become a member of associations or societies for only a preponderance of evidence.
purposes not contrary
to law; Art. 34. When a member of a city or municipal police force refuses or
(13) The right to take part in a peaceable assembly to petition fails to render aid or protection to any person in case of danger to life
the government for redress of grievances; or property, such peace officer shall be primarily liable for damages,
(14) The right to be free and the city or municipality shall be subsidiarily responsible therefor.
from involuntary servitude in any form;
(15) The right of the accused The civil action herein recognized shall be independent of any
against excessive bail; criminal proceedings, and a preponderance of evidence shall suffice
(16) The right of the accused to be heard by to support such action.
himself and counsel, to be informed of the nature and cause of the
TORTS AND DAMAGES Page 21 of 24

Art. 35. When a person, claiming to be injured by a criminal offense, Art. 695. Nuisance is either public or private. A public nuisance affects
charges another with the same, for which no independent civil action a community or neighborhood or any considerable number of
is granted in this Code or any special law, but the justice of the peace persons, although the extent of the annoyance, danger or damage
finds no reasonable grounds to believe that a crime has been upon individuals may be unequal. A private nuisance is one that is not
committed, or the prosecuting attorney refuses or fails to institute included in the foregoing definition.
criminal proceedings, the complaint may bring a civil action for
damages against the alleged offender. Such civil action may be Art. 696. Every successive owner or possessor of property who fails or
supported by a preponderance of evidence. Upon the defendant's refuses to abate a nuisance in that property started by a former owner
motion, the court may require the plaintiff to file a bond to indemnify or possessor is liable therefor in the same manner as the one who
the defendant in case the complaint should be found to be malicious. created it.
If during the pendency of the civil action, an information should be
presented by the prosecuting attorney, the civil action shall be Art. 697. The abatement of a nuisance does not preclude the right of
suspended until the termination of the criminal proceedings any person injured to recover damages for its past existence.

Nikko Hotel Manila Garden vs. Reyes, 452 SCRA 532 Art. 698. Lapse of time cannot legalize any nuisance, whether public
or private.
Santos vs. Pizarro, 465 SCRA 222 Art. 699. The remedies against a public nuisance are:
(1) A prosecution
Vinzons-Chato vs. Fortune Tabacco Corporation, 525 SCRA under the Penal Code or any local ordinance: or
11 (2) A civil action; or
(3)Abatement, without judicial proceedings.
Philippine Realty and Holdings Corporation vs. Ley
Construction and Development Corp, G.R. No. 165548, Art. 700. The district health officer shall take care that one or all of the
June 13, 2011 remedies against a public nuisance are availed of.

2. Article 309 Art. 701. If a civil action is brought by reason of the maintenance of a
Art. 309. Any person who shows disrespect to the dead, or wrongfully public nuisance, such action shall be commenced by the city or
interferes with a funeral shall be liable to the family of the deceased municipal mayor.
for damages, material and moral.
Art. 702. The district health officer shall determine whether or not
3. Articles 694-707 abatement, without judicial proceedings, is the best remedy against a
Art. 694. A nuisance is any act, omission, establishment, business, public nuisance.
condition of property, or anything else which:
(1) Injures or endangers Art. 703. A private person may file an action on account of a public
the health or safety of others; or nuisance, if it is specially injurious to himself.
(2) Annoys or offends the senses; or
(3)Shocks, defies or disregards decency or morality; or Art. 704. Any private person may abate a public nuisance which is
(4) Obstructs or interferes with the free passage of any public highway specially injurious to him by removing, or if necessary, by destroying
or street, or any body of water; or the thing which constitutes the same, without committing a breach of
(5) Hinders or impairs the use of property. thepeace, or doing unnecessary injury. But it is necessary:
(1) That demand
TORTS AND DAMAGES Page 22 of 24

be first made upon the owner or possessor of the property to abate the place. When negligence shows bad faith, the provisions of Articles
the nuisance; 1171 and 2201, paragraph 2, shall apply.
(2) That such demand has been rejected;
(3) That the abatement be approved by the district health officer and If the law or contract does not state the diligence which is to be
executed with the assistance of the local police; and ( observed in the performance, that which is expected of a good father
4) That the value of the destruction does not exceed three thousand of a family shall be required. (1104a)
pesos.
Art. 1174. Except in cases expressly specified by the law, or when it is
Art. 705. The remedies against a private nuisance are: otherwise declared by stipulation, or when the nature of the obligation
(1) A civil action;or requires the assumption of risk, no person shall be responsible for those
(2) Abatement, without judicial proceedings. events which could not be foreseen, or which, though foreseen, were
inevitable. (1105a)
Art. 706. Any person injured by a private nuisance may abate it by
removing, or if necessary, by destroying the thing which constitutes the 5. Article 1314
nuisance, without committing a breach of the peace or doing Art. 1314. Any third person who induces another to violate his contract
unnecessary injury. However, it is indispensable that the procedure for shall be liable for damages to the other contracting party.
extrajudicial abatement of a public nuisance by a private person be
followed. 6. Article 1723
Art. 1723. The engineer or architect who drew up the plans and
Art. 707. A private person or a public official extrajudicially abating a specifications for a building is liable for damages if within fifteen years
nuisance shall be liable for damages: from the completion of the structure, the same should collapse by
(1) If he causes unnecessary injury;or reason of a defect in those plans and specifications, or due to the
(2) If an alleged nuisance is later declared by the courts to be not a defects in the ground. The contractor is likewise responsible for the
real nuisance. damages if the edifice falls, within the same period, on account of
defects in the construction or the use of materials of inferior quality
Timoner vs. People, 125 SCRA 830 furnished by him, or due to any violation of the terms of the contract. If
the engineer or architect supervises the construction, he shall be
4. Articles 1170-1174 solidarily liable with the contractor.
Art. 1170. Those who in the performance of their obligations are guilty
of fraud, negligence, or delay, and those who in any manner Acceptance of the building, after completion, does not imply waiver
contravene the tenor thereof, are liable for damages. (1101) of any of the cause of action by reason of any defect mentioned in
the preceding paragraph.
Art. 1171. Responsibility arising from fraud is demandable in all The action must be brought within ten years following the collapse of
obligations. Any waiver of an action for future fraud is void. (1102a) the building. (n)

Art. 1172. Responsibility arising from negligence in the performance of 7. Articles 218, 219 and 221 (Family Code)
every kind of obligation is also demandable, but such liability may be Art. 218. The law governs family relations. No custom, practice or
regulated by the courts, according to the circumstances. (1103) agreement which is destructive of the family shall be recognized or
given any effect.
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
TORTS AND DAMAGES Page 23 of 24

Art. 219. Mutual aid, both moral and material, shall be rendered The courts may, however, increase or moderate the indemnity
among members of the same family. Judicial and administrative according to the circumstances of each case. (1889a)
officials shall foster this mutual assistance.
Art. 2146. If the officious manager delegates to another person all or
Art. 221. The following shall be void and of no effect: some of his duties, he shall be liable for the acts of the delegate,
(1) Any contractfor personal separation between husband and wife; without prejudice to the direct obligation of the latter toward the
(2) Every extra-judicial agreement, during marriage, for the dissolution owner of the business.
of the conjugal partnership of gains or of the absolute community of
property between husband and wife; The responsibility of two or more officious managers shall be solidary,
(3) Every collusion to obtain a decree of legal separation, or of unless the management was assumed to save the thing or business
annulment of marriage; from imminent danger. (1890a)
(4) Any simulated alienation of property with intent to deprive the
compulsory heirs of their legitime. Art. 2147. The officious manager shall be liable for any fortuitous event:
(1) If he undertakes risky operations which the owner was not
8. Article 2003 - Necessary Deposit accustomed to embark upon;
Art. 2003. The hotel-keeper cannot free himself from responsibility by (2) If he has preferred his own interest to
posting notices to the effect that he is not liable for the articles that of the owner;
brought by the guest. Any stipulation between the hotel-keeper and (3) If he fails to return the property or business after
the guest whereby the responsibility of the former as set forth in articles demand by the owner;
1998 to 2001 is suppressed or diminished shall be void. (n) (4) If he assumed the management in bad faith.
(1891a)
YHT Realty Corp vs. Court of Appeals, 451 SCRA 638
Art. 2148. Except when the management was assumed to save
9. Articles 2144-2148, 2150, 2151, 2159 property or business from imminent danger, the officious manager
Negotiorum Gesto shall be liable for fortuitous events:
Art. 2144. Whoever voluntarily takes charge of the agency or (1) If he is manifestly unfit to carry on the management;
management of the business or property of another, without any (2) If by his intervention he prevented a more competent
power from the latter, is obliged to continue the same until the person from taking up the management
termination of the affair and its incidents, or to require the person
concerned to substitute him, if the owner is in a position to do so. This Art. 2150. Although the officious management may not have been
juridical relation does not arise in either of these instances: expressly ratified, the owner of the property or business who enjoys the
(1) When the property or business is not neglected or abandoned; advantages of the same shall be liable for obligations incurred in his
(2) If in fact the manager has been tacitly authorized by the owner. interest, and shall reimburse the officious manager for the necessary
In the first case, the provisions of Articles 1317, 1403, No. 1, and 1404 and useful expenses and for the damages which the latter may have
regarding unauthorized contracts shall govern. In the second case, suffered in the performance of his duties.
the rules on agency in Title X of this Book shall be applicable. (1888a)
The same obligation shall be incumbent upon him when the
Art. 2145. The officious manager shall perform his duties with all the management had for its purpose the prevention of an imminent and
diligence of a good father of a family, and pay the damages which manifest loss, although no benefit may have been derived. (1893)
through his fault or negligence may be suffered by the owner of the
property or business under management.
TORTS AND DAMAGES Page 24 of 24

Art. 2151. Even though the owner did not derive any benefit and there or diminish employment opportunities or otherwise adversely affect
has been no imminent and manifest danger to the property or said employee;
business, the owner is liable as under the first paragraph of the (2) The above acts would impair the employee's rights or privileges
preceding article, provided: under existing labor laws; or
(1) The officious manager has acted in good faith, and (3) The above acts would result in an intimidating, hostile, or offensive
(2) The property or business is intact, ready to be returned to the environment for the employee.
owner. (n)
In an education or training environment, sexual harassment is
Solutio Indebiti committed:
Art. 2159. Whoever in bad faith accepts an undue payment, shall pay (1) Against one who is under the care, custody or
legal interest if a sum of money is involved, or shall be liable for fruits supervision of the offender;
received or which should have been received if the thing produces (2) Against one whose education, training,
fruits. apprenticeship or tutorship is entrusted to the offender;
(3) When the sexual favor is made a condition to the giving of a
passing grade, or the granting of honors and scholarships, or the
10. RA 7877 - Anti-Sexual Harassment Act of 1995 payment of a stipend, allowance or other benefits, privileges, or
AN ACT DECLARING SEXUAL HARASSMENT UNLAWFUL IN THE consideration; or
EMPLOYMENT, EDUCATION OR TRAINING ENVIRONMENT, AND FOR (4) When the sexual advances result in an intimidating, hostile or
OTHER PURPOSES. offensive environment for the student, trainee or apprentice. Any
person who directs or induces another to commit any act of sexual
Be it enacted by the Senate and House of harassment as herein defined, or who cooperates in the commission
Representatives of the Philippines in Congress assembled: thereof by another without which it would not have been committed,
shall also be held liable under this Act.
SECTION 3. Work, Education or Training -Related, Sexual Harassment
Defined. Work, education or training-related sexual harassment is SECTION 5. Liability of the Employer, Head of Office, Educational or
committed by an employer, employee, manager, supervisor, agent of Training Institution. The employer or head of office, educational or
the employer, teacher, instructor, professor, coach, trainor, or any training institution shall be solidarily liable for damages arising from
other person who, having authority, influence or moral ascendancy the acts of sexual harassment committed in the employment,
over another in a work or training or education environment, education or training environment if the employer or head of office,
demands, requests or otherwise requires any sexual favor from the educational or training institution is informed of such acts by the
other, regardless of whether the demand, request or requirement for offended party and no immediate action is taken.
submission is accepted by the object of said Act.
SECTION 6. Independent Action for Damages. Nothing in this Act shall
In a work-related or employment environment, sexual harassment is preclude the victim of work, education or training-related sexual
committed when: harassment from instituting a separate and independent action for
(1) The sexual favor is made as a condition in the damages and other affirmative relief.
hiring or in the employment, re-employment or continued
employment of said individual, or in granting said individual favorable
compensation, terms of conditions, promotions, or privileges; or the
refusal to grant the sexual favor results in limiting, segregating or
classifying the employee which in any way would discriminate,
deprive

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