Q&a in Torts and Damages
Q&a in Torts and Damages
Q&a in Torts and Damages
criminal, it is not.
1. Define quasi-delict.
9. if a hurt pedestrian files a criminal case against the driver of
Quasi delict-is the fault or negligence of a person, who by his a common carrier, is he allowed at the same time to bring an
act or omission,connected or unconnected which is independent action based on culpa aquiliana?
from any contractual relation, causes damage to another.
Yes ,the hurt pedestrian can institute both actions simultaneously.
2. Can ther be a tort or quasi delict in breach of contarct?
These 2 actions are distinct from each other that exoneration from one does
Yes, while it is true that in order that a person may be liable for not result in exoneration from the other. However, the plaintiff is precluded
quasi delict, there must be no pre-existing contract ual to recover twice for the same act or omission, that is, there should be
relationship between the parties,yet,if there is an act that violates varying amounts awarded in the two separate cases and in effect the
the contract independently of the contracts, the act can give rise plaintiff may only be entitled to the bigger amount.
to liability under quasi delict(airfrance v. carrasco, sept 28,1966)
10. A man ordered a 10-yr old boy to climb a high and rather
3. In expanding the concept of quasi delict, how did the slippery santol tree with a promise to give him a part of the
supreme court define quasi delict in the case Elcanovs fruits. The boy was killed in the act of climbing. Is the man
Hill(77SCRA 98) liable?
Quasi delict includes acts,whether punishable by law or not Yes, the man who ordered the boy to climb the santol tree is liable in view
criminal in character ,whtether intentional or voluntary or of his negligent act in making the order.
negligent, which result in damage to another
He did not take due care to avoid a reasonably foreseeable injury to the 10-
4. What are the elements of quasi delict? year old boy. The tree was a treacherous one and his act was clearly a
departure from the standard of conduct required of a prudent man.
Inaction based on quasi delict, before a person injured can
recovered .damages from the defendant. It is necessary to prove
Since he failed to appreciate the predictable danger and aggravated by his
the fallowing facts;
negligence, he is liable. ( Ronquillo v. Singson, 1959)
1) The fault or negligence of the defendant
2) The damage sufffered or incurred by the plaintiff
3) The relation mof cause and effect between the fault or 11. Doctrine of Proximate Cause.
negligence of the defendant and the damage incurred by
the plaintiff -it is that cause which, in natural and continuous sequence, unbroken
4) There must be no pre-existing contractual relationship bet. by any efficient intervening cause, produces the injury and without which
The parties the result would not have occurred.
5. IF THE PERSON INDUCE D ANOTHER TO VIOLATE 12. while being driven at a moderate speed, a passenger
THE THE LATTERS CONTRACT WITH THE THIRD
PERSON, IS THE INDUCER LIABLE FOR TORT OR No, the driver is not guilty of negligence.
QUASI DELICT ?
Cars may skid on greasy or slippery roads without the driver’s fault.
Yes, because a quasi delict or tort can arise because of Skidding means partial or complete loss of control of the car under
negligence or fault. In this case, we have mor or less the tort circumstances not necessarily implying negligence. It may occur without
referred to as “interferebce with contractual relations. fault.
6. A VISITOR WAS DROWNED IN A SWIMMING POOL Thus, the driver is not negligent.(Bayasen v. C.A, 1981)
RESORT DUE TO HIS OWN NEGLIGENCE AND
DESPIET MEASURES ON THE PART OF THE RESORT 13.
AUTHORITIES TO SAVE HIM. IS THE RESORT
LIABLE? Attractive nuisance
No, the resort is not liable. While it is duty bound to provide for -one who maintains on his estate or premises an attractive nuisance without
safety measures, still it is not absolute insurer of the safety of exercising due care to prevent children from playing therewith or resorting
the cusromer or visitors/; the doctrine of last clear chance cannot thereto, is liable to a child of tender years who is injured thereby, even if
apply if the : the child is technically a trespasser in the premises. (Jarco v C.A 1991)
1. Negligence of the plaintiff is concurrent of the neegligence
of the defendant 14. Doctine of res ipsa loquitur
2. Party charged is required to act instantaneously
3. Injury cannot be avoided despite the application at all
-states that, where a thing is shown to be under the management of the
times of all the means to avoid injury(after the peril is or
defendant or his servants, and the accident is such as in the ordinary course
should have been discovered) atleast in all instances where
of events does not happen if those who have the management had used
the previous negligence of the party charged cannot be
proper care, it affords reasonable evidence, in the absence of explanation by
said to have contributed to the injury at all.
the defendant, that the accident arose from want of care.
7. EXPLAIN THE LEGAL MAXIM “DAMNUM ABSQUE
15. assuming that there is a pre-existing contractual relation between
INJURIA ?
The principle of damnumabsqueinjuria means damage without No, such fact shall not preclude the institution by the plaintiff for recovery
injury.it simply means that although there was physical of damages.
damage ,there was no legal injury, as there was no violation of
legal right. The existence of a contract between the parties constitutes no bar to the
commission of a tort by one against the other and the consequent recovery
8. CULPA AQUILIANA VS. CULPA CRIMINAL of damages.
In culpa aquiliana, negligence is direct substantive and Lastly, the action for recovery of damages may even be predicated on both
independent; in culpa criminal, negligence is direct, substantive breach of contract and a tort at the same time.
and independent of a contract.
16. A van owned by Timothy and driven by Nerson, while negotiating a
In culpa aquiliana, proof needed is preponderance of evidence; downhill slope of a city road, suddenly gained speed, obviously beyond
in culpa criminal, proof beyond reasonable doubt. the authorized limit in the area, and bumped a car in front of it,
causing severed damage to the care and serious injuries to its
passengers. Timothy was not in the car at the time of the incident. The
car owner and the injured passengers sued Timothy and Nerson for CIVIL LIABILITY IN QUASI-DELICT VS. DELICT
damages cause by Nerson’s negligence. In their defense, Nerson claims
that the downhill slope caused the van to gain speed and that, as he QUASI-DELICT DELICT
stepped on the brakes to check the acceleration, the brakes locked, LIABILITY OF Solidary Subsidiary
causing the van to go even faster and eventually to hit the car in front EMPLOYER
of it. Timothy and Nerson contend that the sudden malfunction of the RESERVATION Civil aspects of the Civil aspect is
van’s brake system is a fortuitous even and that, therefore, they are REQUIREMENT quasi-delict is impliedly instituted
exempt from any liability. Is this contention tenable? impliedly instituted with the criminal
with the criminal action .
No. Mechanical defects of a motor vehicle do not constitute action, but under the
fortuitous event, since the presence of such defects would have been readily Criminal procedures
detected by diligent maintenance check. The failure to maintain the vehicle it is independent and
in safe running condition constitutes negligence. separate.
EFFECT OF Not a bar to recover Not a bar to
17.A driver of Pepsi-Cola is admittedly negligent in a vehicular JUDGMENT OF civil damages, except recover civil
collision. Suit was brought by the other car owner against both driver ACQUITTAL IN A when judgement damages.
and Pepsi-Cola. But Pepsi-Cola was able to prove diligence in the CRIMINAL CASE pronounces that the
selection and supervision of their driver. For instance, it was proved INVOLVING SAME negligence from
that Pepsi-Cola had carefully previously examined the erring driver as ACT/OMISSION which damage arises
to his qualification, record of service, and experience. Is Pepsi-Cola still is non-existent.
liable?
It depends. If the civil action is based on a quasi-delict the Under Article 2180 of the New Civil Code, employers are
Pepsi-Cola may raise the defense of diligence of a good father of a family primarily liable for their negligence either in the selection or supervision of
in the selection and supervision of the driver; if the action against them is their employees. This liability is independent of the employee’s own
based on culpa contractual or civil liability arising from a crime, they liability for fault or negligence and is distinct from the subsidiary civil
cannot raise the defense. liability under Article 103 of the Revised Penal Code. The civil action
against the employer may therefore proceed independently of the criminal
18. action pursuant to Rule 111 Section 3 of the Rules of Court.
19. RULE ON STRICT LIABILITY IS APPLICABLE ON An employer’s liability based on a quasi-delictis primary and
MANUFACTURERS AND PRODUCERS OF FOOD STUFFS. direct, while the employer’s liability based on a delict is merely subsidiary.
“The words “primary and direct,” as contrasted with “subsidiary,” refer to
The rule on strict liability is said to be applicable in situations in the remedy provided by law for enforcing the obligation rather than to the
which social policy requires the defendant make good the harm which character and limits of the obligation.
results to others from abnormal risks which are inherent in activities that
are not considered blameworthy because they are reasonably incident to 23. Explain the concept of contributory negligence in tort.
desirable industrial activities.
Contributory negligence is when a plaintiff who is partly
Manufacturers and processors of foodstuffs, drinks, toilet responsible for his own injury should not be entitled to recover damages in
articles and similar goods shall be liable for death or injuries caused by any full but must bear the consequences of his own negligence. The defendant
noxious or harmful substances used, although no contractual relation exists must thus be held liable only for the damages actually caused by his
between them and the consumers (Article 2187, NCC). negligence.
20. A building got burned. Its firewall collapsed resulting in the Where the concurrent or successive negligent acts or omissions
destruction of a tailoring shop. The members of the family residing of two or more persons, although acting independently, are in combination
therein were injured. Defendant interposed the defense of last clear with the direct and proximate cause of a single injury to a 3 rd person, and it
chance doctrine that is, that the tenants could have left before the is impossible to determine what proportion each contributed to the injury,
collapse. Is the owner of the firewall liable for the damages caused to either of them is responsible for the whole injury, even though this act
the injured? alone might not have caused the entire injury.
Yes, the owner of the firewall would be liable for the damages 25. Explain the concept of doctrine of last clear chance in tort. (aka;
caused to the injured. The Doctrine of Last Clear Chance is not applicable doctrine of discovered peril; doctrine of supervening negligence;
in this case, in a decided case (De Roy vs. CA, 157 SCRA 757), it was said humanitarian doctrine)
that the Doctrine of Last Clear Chance is applicable only to a vehicular
accident. It is the principle which states that where both parties are guilty
of negligence, but the negligent act of one succeeds that of the other by an
What is applicable in this case is Article 2190, NCC, which appreciable interval of time, the one who has the last reasonable
provides that the proprietor of a building or structure is responsible for the opportunity to avoid the impending harm and fails to do so, is chargeable
damages resulting from its total or partial collapse, if it should be due to with the consequences without reference to the prior negligence of the other
lack of necessary repairs. party. (Picartvs Smith 37 Phil 809)
21. ABC Corporation is a transportation company engaged in the Stated differently, the antecedent negligence of the plaintiff does
business of carrying passengers. XYZ Company is also engaged in the not preclude him from recovering damages caused by the supervening
transportation business. While their two buses were travelling along negligence of the defendant, who had the last fair chance to prevent the
the South Superhighway, they collided, killing passengers of both impending harm by the exercise of due diligence.
buses. State the nature of liability of ABC Corp. and XYZ Corp.
Explain. 26. Explain the concept of doctrine of Volenti non fit injuriain tort.
32. Who are the persons liable under the strict liability rule in tort? No. The insurance company cannot be held liable,
notwithstanding the facts that Alberto is their employee and he was using a
Subject to some exceptions, the following the persons liable under the strict company vehicle when the accident happened. For the employer to be
liability rule in tort: liable, it is necessary to establish that:
a. There is employer-employee relationship
b. That the employee was acting within the scope of his 40. Under actual damages or compensatory damages, what does
assigned task when the tort complained of was committed. general damages mean and what does special damages mean?
In this case, Alberto was not acting within the scope of his
assigned task when the accident occurred, thus the insurance company General damages are those generally inherent in a breach of a typical
cannot be held liable for Alberto’s negligent act. contract. Those that are natural, necessary and logical consequence that
resulted from the breach of the contract or injury suffered.
36. What is medical negligence?
Medical negligence occurs when the following elements are Special damages are those which arise directly but not necessarily or by
present: implication of law, from the act or default complained of. Those that are
a. Duty use at least the same level of care that any natural but not necessary inevitable consequence of the act.
reasonable prudent doctor would use to treat a condition
under the same circumstances 41. What if an attorney fails to perfect an appeal in a civil case, should
b. Breach of such professional duty or improper performance he be held liable for the damages that could have possibly been
thereof recovered from that unperfected appeal?
c. Injury is caused to the patient, constituting actionable
malpractice; and No. The lawyer will not be held liable for damages because it is
d. The doctor’s action were the proximate cause of the based on speculations, further the amount of indemnity cannot be proven.
patient’s injury Damages awarded to a person as compensation or indemnity for such
pecuniary loss suffered by him must be duly proved. Actual and
37. If during class hours, while the teacher was chatting with other compensatory damages require evidential proof, they cannot be presumed.
teachers in the school corridor, a 7 year old male pupil stabs the eye of
another boy with a ballpen during a fight, causing permanent 42. May the parents of the unborn fetus recover actual damages in case
blindness to the victim. Who could be liable for damages for the boy’s of an accident where the mother had miscarriage? Why?
injury: the teacher, the school authorities, or the guilty boy’s parents?
Explain.
No. The parents of the unborn foetus cannot recover actual
The teacher, the school authorities and the guilty boy’s parents
damages because courts cannot rely on speculation, conjecture or
can be held liable for damages for the boy’s injury.
guesswork as to the fact and amount of damages but must depend on
The law provides that the school, its administration and teachers
competent proof that they have suffered and on evidence of the actual
have special authority and responsibility over the minor child while under
amount thereof. However, they can only recover oral damages based on the
their supervision, instruction, or supervision and that they shall be
mental anguish, sleepless nights or anxiety that they might have been
principally and solidarily liable for damages caused by the acts or
suffered.
omissions of the minor. In this case, the minor was already under the
custody and supervision of the school when the accident happened thus the
school can be made liable. 43. May the court in awarding actual damages, also award nominal
The parent, however, may also be held liable if the school or the damages?
teacher provides proof of exercise of proper diligence required under the
particular circumstances. The law provides that the minor or the pupil who No. The award of nominal damages precludes the recovery of
actually committed the delictual acts are not exempted from personal actual, moral, temperate or moderate damages, where the courts has
responsibility as they can be sued and made liable when the school proves awarded actual damages to the party.
that they have exercised the proper diligence required by law.
44. The general rule is that actual damages must be proved with
reasonable degree of certainty, give the exception.
38. A drug lord and his family reside in a small bungalow where they
sell shabu and other prohibited drugs. When the police found the The exceptions are:
illegal trade, they immediately demolished the house because according
to them, it is a nuisance per se that should be abated. Can this a) When a penalty clause is agreed upon in the contract between
demolition be sustained? Explain. the parties;
b) When the liquidated damages have been agreed upon;
No. The Demolition cannot be sustained. The law provides that c) When the loss is presumed as when a child or spouse dies as a
the action to abate must be commenced by the city or municipal mayor and result of an act or omission of a person;
not by any person. In addition the district health officer shall take care that d) Forfeiture of bonds in favor of the government for the purpose
one or all of the remedies against a public nuisance are availed of. In this of promoting public policy or interest;
connection the district health officer shall determine whether or not e) Damages for death caused by a crime or delict which can be
abatement without judicial proceedings is the best remedy against public awarded forthwith to the heirs of the victim by proof alone of
nuisance. such fact of death
f) Exemplary damages or corrective one that is imposed by way of 47. Define and distinguish danoemergente, or damnovitando from
example or correction for the public good, in addition to the moral, lucrocesante, lucrocaptando, or lucrumcessans.
temperate, liquidated or compensatory.
Danoemergente refers to the value of the loss suffered or actual loss, while (MOF Co. v. Enriquez, GR 149280, May 9, 2002).[addendum: it cannot be
lucrocesante refers to the unrealized profits or the profits which the obligee simply based on the mere allegation of a witness without nay tangible
failed to obtain by reason of contract or as a result of the commission of claim, such as receipts or other documentary proofs to support such
quasi-delict. ( Art. 2200, NCC ) claim(CIGI V. AMCI, Nov. 13, 2013)
66. ?The words actual damages shall be construed to include all damages
50. Give three examples of danoemergente. that the plaintiff may show he has suffered in respect to his property,
business, trade, profession, or occupation and no other damages
Examples of danoemergente are: whatsoever. (algarra vs. sandejas)
1. Medical and Hospitalization expense;
2. Rents and agricultural products not received in an 67. Documentary evidence. The amount of the damages should be
agricultural lease; and determined with reasonable certainty. It cannot be simply based on the
3. Fines or penalties that had to be paid mere allegation of a witness without nay tangible claim, such as receipts or
other documentary proofs to support such claim (CIGI V. AMCI, Nov. 13,
51. Extent and measure of damages in contracts and quasi-contracts. 2013)
The plaintiff must therefore present reports and documents that
In contracts and quasi-contracts, the damages for which the obligor who may be show the average actual profits earned by the business as well as
acted in good faith is liable shall be those that are the natural and probable other evidence of profitability which are necessary to prove plaintiff’s
consequences of the breach of the obligation, and which the parties have claim for said amount.
foreseen or could have reasonably foreseen at the time the obligation was
constituted. ( Art.2201 NCC)
67. In the case of a person engaged in business, what evidence is
52. Extent of damages in delict and quasi-delicts. required in order to recover damages?
In the case of a person engaged in business, from the very nature of the
In crimes and quasi-delicts, the defendant shall be liable for all damages situation, the amount of loss cannot be proved with exactitude, and all that
which are the natural and probable consequences of the act or omission can be required is that the evidence, with such certainty as the nature of the
complained of. It is not necessary that such damages have been foreseen or particular case may permit,lay a foundation which will enable the trier of
could have reasonably been foreseen by the defendant. ( Art.2202 NCC) fact to make a fair and reasonable estimate. It is competent and proper to
53-59 renard show the nature and extent of the business and the part of the plaintiff
transacted therein, the pecuniary loss sustained by reason of the partial or
60. The recoverable amount for the loss of “earning capacity” is the loss of total absence of his personal attention and labor, and what his services in
net earnings which is the gross earning less necessary expenses in the the business is worth, the compensation paid to the person during such
creation of such earnings and less living and other incidental expenses business for him, and under some circumstances, what the injured person's
during the victim’s average life span (Marchan vs. Mendoza, 24 SCRA 888; services were worth if employed under like circumstances by another in a
Davila vs. PAL, 49 SCRA 497) similar capacity.
(c) Central Bank Circular No. 416 fixing the legal rate of interest at 12% Under the following instances:
per annum, deals with 1) loans; 2) forbearance of any money, goods or
credits; and 3) judgments involving such loans or forbearance, in the Art. 2203. The party suffering loss or injury must exercise the
absence of express agreement as to such rate of interest. diligence of a good father of a family to minimize the damages resulting
from the act or omission in question.
If the obligation arises from other sources (e.g., sale) or by way of
damages arising from injury to persons and loss of property which does not Art. 2204. In crimes, the damages to be adjudicated may be
involve a loan, what is applicable is the rate of 6% annually as provided in respectively increased or lessened according to the aggravating or
Article 2209 and not the rate of 12% per annum provided by Central Bank mitigating circumstances.
Art. 2214. In quasi-delicts, the contributory negligence of the Baytan, et al., 107 Phil. 1010).
plaintiff shall reduce the damages that he may recover.
Art. 2220. Willful injury to property may be a legal ground
Art. 2215. In contracts, quasi-contracts, and quasi- delicts, the for awarding moral damages if the court should find that, under the
court may equitably mitigate the damages under circumstances other than circumstances, such damages are justly due. The same rule applies to
the case referred to in the preceding article, as in the following instances: breaches of contract where the defendant acted fraudulently or in bad
faith.
(1) That the plaintiff himself has contravened the terms of the contract;
78. What is the concept of sentimental value of property in
(2) That the plaintiff has derived some benefit as a result of the contract; adjudication of moral damages?
(3) In cases where exemplary damages are to be awarded, that the In the adjudication of moral damages, the sentimental value of
defendant acted upon the advice of counsel; property, real or personal, may be considered (CIVIL CODE, Art. 2218).
(4) That the loss would have resulted in any event; Sentimental value may be considered both in civil liabilities
arising from crimes (Art. 106, Rev. Penal Code) and in civil cases, where
(5) That since the fi ling of the action, the defendant has done his best to there are fraudulent or deceitful motives. (Arnaldo v. Famous Dry Cleaners,
lessen the plaintiffs loss or injury. [C.A.] 52 O.G. 282).
Note that the enumeration is not exclusive for the law uses the phrase “as in 79. Distinguish sentimental value from goodwill.
the following instances.”
Sentimental value is the value of something to someone because of
77. When may moral damages be awarded? personal or emotional associations rather than material worth while
goodwill is the established reputation of a person or in business parlance, it
Art. 2219. Moral damages may be recovered in the following is regarded as a quantifiable asset representing the benefit of having a good
and analogous cases: reputation under its name and regular patronage.
(1) A criminal offense resulting in physical injuries; NB: I cannot find out an exact textbook difference. This is just a difference
by definition
(2) Quasi-delicts causing physical injuries;
80. May a corporation which is an artificial person suffer moral
(3) Seduction, abduction, rape or other lascivious acts; damages?
(4) Adultery or concubinage; GR: No. Unlike a natural person, a corporation cannot experience physical
suffering or such sentiments as wounded feelings, serious anxiety, mental
anguish or moral shock (FLT Prime insurance Corp. v. Chevron
(5) Illegal or arbitrary detention or arrest;
Philippines,
(6) Illegal search;
Inc., G.R. No. 177839, January 18, 2012).
(7) Libel, slander or any other form of defamation;
Exception: where the corporation has a good reputation that is debased,
resulting in its social humiliation (Simex International, Inc. v. CA, GR No
(8) Malicious prosecution;
88013, 1990).
(9) Acts mentioned in article 309;
(10) Acts and actions referred to in Articles 21, 26, 27, 28, 29, 30, 32, 34,
-
and 35.
Comment: