Course Outline For Torts and Damages
Course Outline For Torts and Damages
Course Outline For Torts and Damages
This two unit course is designed to provide law students an insight into the core
concepts of civil liability for damages caused by a breach of an imposed duty. Topics
pursued include negligence, delict, absolute liability, intentional torts, special torts, and
kinds of damages.
Course Requirements
MIDTERM:
1. Active Participation in Class Discussions (20%)
2. Quiz/Seatwork (35%)
3. Case digest(5%)
4. Midterm Exams (40%)
FINALS:
1. Active Participation in Class Discussions (15%)
2. Quiz/Seatwork (20%)
3. Case Digest (5%)
3. Final Exams (60%)
Reference:
New Civil Code
Course Outline
I. INTRODUCTION
CONCEPT OF TORTS
Classes of Torts
o Negligent
Involve voluntary acts or omissions which result in injury to others
without intending to cause the same or because the actor fails to
exercise due care in performing such acts or omissions.
o Intentional
Include conduct where the actor desires to cause the consequences of his act
or believes that the consequences are substantially certain to result from it.
They are found in Chapter 2 of the Preliminary Title of the NCC entitled
“Human Relations”. Although this chapter covers negligent acts, the torts
mentioned herein are mostly intentional in nature or torts involving malice or
bad faith.
o Strict
When the person is made liable independent of fault or negligence upon
submission of proof of certain facts specified by law.
NOTE: Strict liability tort can be committed even if reasonable care was
exercised and regardless of the state of mind of the actor at that time.
II. SOURCES OF CIVIL LIABILITY (based on Negligent torts)
Articles 29 to 31; Articles 1159 to 1162 of the Civil Code
Article 100 of the Revised Penal Code
Sections 1 and 2, Rule 111 of the Revised Rules of Criminal Procedure
Kinds of Negligence
Arising from Crime
People of the Philippines vs. Bayotas (G.R. No. 102007, 2 September 1994, 236
SCRA 239)
Philippine Rabbit Bus Lines, Inc. vs. People of the Philippines
1. ELEMENTS OF A QUASI-DELICT
Article 2176 of the Civil Code
Cinco vs. Canonoy, et al (90 SCRA 369)
2. DISTINCTIONS
A. Quasi-delict v. Delict
Article 2177, CC
Article 365, RPC
Philippine Rabbit vs. People, GR No. 147703 (2004)
IV. NEGLIGENCE
Concept of Negligence
Definition; Elements
Article 20, CC
Article 1173 of the Civil Code
Picart vs. Smith, Jr. (37 Phil 809)
Proof of Negligence
A. Burden of proof
Rule 131, Rules of Court (“ROC”)
Philippine Long Distance Telephone Company vs. Court of Appeals, et al.
B. Presumption of Negligence
Articles 2184-2185, 2188, 1734-1735, CC
Respondeat superior
Castilex Industrial Corporation vs. Vasquez, Jr., et al.
V.DEFENSES
KINDS of DEFENSES
-complete
-partial
a. Contributory negligence
Article 2179, 2214 of the Civil Code
Rakes vs. Atlantic Gulf and Pacific Company (GR No 1719 (1907))
b. Assumption of Risk
Afiada vs. Hisole (85 Phil 67)
d. Prescription
Article 1146 of the Civil Code
Article 169 of the Consumer Act of the Philippines
Ferrer, et al. vs. Ericta, et al
Kramer, et al. vs. Court of Appeals, et al. (178 SCRA 518)
f. Exercise of diligence
Article 2180 of the Civil Code
Ramos vs. Pepsi, (19 SCRA 289)
Proximate Cause
1. Definition
Fernando vs. CA, 208 SCRA 714
Pilipinas Bank vs. CA, 234 SCRA 435
4. EMPLOYERS
Martin vs. Court of Appeals, et al.
Metro Manila Transit Corporation vs. Court of Appeals, et al
4. MUNICIPAL CORPORATIONS
Article 2189 of the Civil Code
Section 24 of the Local Government Code
City of Manila vs. Teotico, et al.
5. BUILDING PROPRIETORS
Articles 2190, 2191, 2192 and 2193 of the Civil Code
1. ABUSE OF RIGHTS
3. UNJUST ENRICHMENT
Articles 22 and 23 of the Civil Code
4. JUDICIAL VIGILANCE
Article 24 of the Civil Code
5. THOUGHTLESS EXTRAVAGANCE
Article 25 of the Civil Code
6. RIGHT TO PRIVACY
Article 26 of the Civil Code
St. Louis Realty Corporation vs. Court of Appeals
Castro vs. People of the Philippines
7. DERELICTION OF DUTY
Article 27 of the Civil Code
Torio, et al. vs. Fontanilla, et al
8. UNFAIR COMPETITION
Article 28 of the Civil Code
X. DAMAGES
CONCEPT/KINDS
Article 2195 to 2198 of the Civil Code
Filinvest Credit vs. Intermediate Appellate Court
Spouses Custodio, et al. vs. Court of Appeals, et al
A. ACTUAL/COMPENSATORY DAMAGES
Article 2199 to 2215 of the Civil Code
a. In General
PNOC Shipping and Transport Corporation vs. Court of Appeals (297 SCRA 402)
c. Attorney’s Fees
Article 2208, CC
Agustin vs. Court of Appeals
d. Interest
Articles 2209-2213, CC
Eastern Shipping vs. Court of Appeals
B. MORAL DAMAGES
CONCEPT
Article 2217 to 2220 of the Civil Code
Lopez vs. Pan American World Airways
D. LIQUIDATED DAMAGES
Articles 2226 to 2228 of the Civil Code
Country Bankers vs. Court of Appeals