Torts and damages In culpa aquilian, defense of good father is proper; in culpa

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.

24. Explain the concept of concurrent negligence in tort.

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.

The Doctrine of volenti non fit injuria (that to which a person

The employer's liability for damage based on culpa-aquiliana
assents is not presumed in law as injury) or plaintiff’s assumption of risk,
under Art, 2176 and 2180 of the Civil Code is primary; while that under
refers to self-inflicted injury or to the consent to injury which precludes the
Art. 103 of the Revised Penal Code is subsidiary.
recovery of damages by one who has knowingly and voluntarily exposed
himself to danger, even if he is not negligent in doing so. This is so
The defense of diligence in the selection and supervision of the because, in theory, the plaintiff’s acceptance of the risk has wiped out the
employee under Article 2180 of the Civil Code is available only to those defendant’s duty, and as to the plaintiff the defendant’s negligence is not a
primarily liable thereunder, but not to those subsidiarily liable under Article legal wrong.
103 of the Revised Penal Code (Yumul vs. Juliano, 72 Phil. 94).
The requisites are as follows:
22. a. That the plaintiff had actual knowledge of the danger;
 b. That he understood and appreciated the risk from the A. The possessor of an animal or whoever may make use of the same is
danger; and responsible for the damages which it may cause although it may
c. That he voluntarily exposed himself to such risk. escape or be lost.
B. The head of the family what lives in a building or a part thereof is
27. Explain the concept of doctrine of emergency rule in tort. responsible for damages caused by things thrown or falling from the
same.
Under the emergency rule, one who suddenly finds himself in a C. Owners of enterprise and other employers are liable to pay for the
place of danger, and is required to act without time to consider the best death or injuries to their employees, even if the cause is purely
means that may be adopted to avoid the impending danger, is not guilty of accidental.
negligence, if he fails to adopt what subsequently and upon reflection may D. Neighbors or any person who causes disturbance or prejudices to
appear to have been a better method, unless the emergency in which he others which exceeds the habitual or customary inconveniences that
finds himself is brought about by his own negligence. (Mckee et al vs IAC result from the proximity of others OR those guilty of causing
GR 68102, 1992) nuisance.
E. Manufacturers and processors of foodstuffs, drinks, toilet articles and
28. What does vicarious liability mean? similar goods shall be liable for death or injuries caused by any
noxious or harmful substances used, although no contractual relation
Vicarious liability is the liability of a person for the torts committed exists.
by others with whom he has a certain relation or for whom he is
responsible. His liability is primary and direct, not subsidiary. He is 33. Enumerate the special tort provisions of the law.
solidarily liable with the tortfeasor. His responsibility is not conditioned
upon the insolvency of or prior recourse against the negligent tortfeasor.
The special tort provision of the law are:
29. Who are the persons considered vicariously liable under the rules
A. The catch all provisions
on tort?
1. Abuse of rights – every person must, in the exercise of his
rights and in the performance of his duties, act with justice, give everyone
The following are persons liable for the acts of another:
his due, and observe honesty and good faith. (Art 19)
2. Sanction – Penalty – every person who, contrary to law,
The father and in case of his death or incapacity, the mother, are
willfully or negligently causes damages to another, shall indemnify the
responsible for the damages caused by the minor children who live in their
latter for the same (Art 20)
company.
3. Contra Bonus Mores- any person who willfully causes
losses or injury to another in a manner that is contrary to morals, good
Guardians are liable for the damages caused by the minors or incapacitated
customs or public policy shall compensate the latter for damage (Art 21)
persons who are under their authority and live in their company.
B. Unjust enrichment
The owners and managers of an establishment or enterprise are likewise
1. Every Person thru an act or performance by another or any
responsible for damages caused by their employees in the service of the
other means, acquires or comes into possession of something at the expense
branches in which the latter are employed or on the occasion of their
of the latter without just or legal ground shall return the same to him (Art
functions.
22)
Employers shall be liable for the damages caused by their employees and
2. Even when an act or event causing damage to another’s
household helpers acting within the scope of their assigned tasks, even
property was not due to the fault or negligent of the defendant, the latter
though the former are not engaged in any business or industry.
shall be liable for indemnity if thru the act or event he was benefited (Art
23)
The State is responsible in like manner when it acts through a special agent,
but not when damage has been caused by the official to whom the task done
C. Violation of dignity, personality, privacy and peace of mind of
properly pertains, in which case, what is provided in Article 2176 shall be
neighbors and other persons (Art 26)
applicable.
D. Dereliction of official duty by public official (Art 27)
Lastly, teachers or heads of establishments of arts and trades shall be liable
for damages caused by their pupils and students or apprentices, so long as
E. Unfair competition in agricultural, commercial or industrial enterprises
they remain in custody.
or in labor through the use of force, intimidation, deceit, machination or
any other unjust, oppressive or highhanded method shall give rise to a right
The responsibility treated of in this article shall cease when the persons
of action by the person who thereby suffers damage. (Art 28)
herein mentioned prove that they observed all the diligence of a good father
of a family to prevent damage. (Art 2180, NCC)
F. Acquittal in criminal case on the ground that guilt has not been proved
beyond reasonable doubt. A civil action for damages for the same act or
30. What is the difference between Article 2180 of the Civil Code and
omission may be instituted and such action requires only preponderance of
Art 218 of the Family Code?
evidence. (Art 29)
As to persons liable under Article 218 of FC it is the School, its
34. What are the defenses available under tort?
administrators, teachers engaged in child care are made expressly liable,
under Article 2180 of NCC they are the Teachers, head of establishments in
arts and trades are made expressly liable. The defenses available under torts are:
a. Plaintiff’s own negligence as proximate cause of damage.
As to the nature of liability under Art 218 the liability of the school, its b. Contributory negligence
administrators, teachers is s solidarily and parents are made subsidiary c. Negligence of the victim
liable; in Art. 2180 there is no such express solidary nor subsidiary liability d. Fortuitous event
stated. e. Assumption of risk
f. Prescription
Under Art 218 the student involved must be a minor; under Art 2180 g. Involuntariness
students involved are not necessarily minors.
35. After working overtime up to midnight, Alberto an executive of an
31. What does strict liability mean under tort? insurance company drove a company vehicle to a favorite Videoke bar
Under tort, there is strict liability if one is made liable where he had some drinks to ‘unwind.’ At 2:00AM, he drove home,
independent of fault, negligence or intent after establishing certain facts but in doing so, he bumped a tricycle, resulting in the death of its
specified by law. Strict liability tort can be committed even if reasonable driver. May the insurance company be held liable for the negligent act
care was exercised regardless of the state of mind of the actor at that time. of Alberto? Why?

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

45. May actual damages be recovered on the basis of mere

39. What are the different kinds of damages under the Civil Code?
testimony? Explain.
Define each.
No. Actual damages can not be recovered on the basis of mere testimony as
The different kind of damages under the Civil Code are the following:
there is no tangible document upon which the actual damages is based.
( Fuentes vs. CA,253 SCRA 430 )
a) Actual or compensatory damages it is the compensation awarded to a         In crimes and quasi-delicts, the defendant is liable for all damages
person for such pecuniary loss suffered by him as he has duly proved which are natural and probable consequences of the act or omission
complained of. To seek recovery for actual damages, it is essential that the
b) Moral damages or the compensation awarded to a person for physical injured party proves the actual amount of loss with reasonable degree of
suffering, mental anguish, fright, serious anxiety, besmirched reputation, certainty premised upon competent proof and on the best evidence
wounded feelings, moral shock, social humiliation and similar injury. available.
       Courts cannot simply rely on speculation, conjecture or guesswork in
c) Nominal damages or an amount awarded to a person in order that his determining the fact and amount of damages, but must depend on actual
right, which had been violated or invaded may be vindicated or recognized. proof. There must be factual basis for an award of actual damages. Actual
damages to be awarded must be proven by clear evidence.
d) Temperate or moderate damages or the compensation which is more than
nominal but less than compensatory damages, warded to a person when the 46.  What may comprise indemnification for damages?
court finds that he has suffered some pecuniary loss, but is amount cannot,
from the nature of the case be proved with certainty. Indemnity has been held to include compensation for everything then on,
about, or belonging to the person, as well as for all bodily injuries which
e) Liquidated damages or that agreed upon by the parties to a contract, to be are proved to be the result of the accident ( Am. Jur. 2d 14 ).
paid in case of breach thereof.

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)

63. Loss of earning results from the death of a person or in cases of

48.  Jojo wanted to send a telegram message, "no truck available", but temporary or permanent personal injury; while loss of profit results from
thetelegram company sent "truck available". Can Jojo recover failure to realized an expected profit in doing business.[?]
damages?
64. ?the sc explained in consolidated dairy products case that the amount of
Yes, Jojo can recover damages in such case. lost profits may be determined by considering the average profits for the
          Punitive damages maybe recovered if there was gross negligence on preceding years multiplied by the number of years during which the
the part of the personnel of the company in transmitting a wrong telegram. business is affected by the wrongful act or breach. In the said case, the sc
Gross carelessness constitutes a wanton misconduct. ruled that it was reasonable to award as lost profit the average of the yearly
profit for five (5) years preceding the closure of the business multiplied by
the number of remaining year of the contract.
49.  Give three examples of lucrocesante. In G.A Machineries , Inc., vs. yaptinchay, the sc ruled that the
income of a similar business or activities may be considered. Thus, if the
Examples of lucrocesante are: question is loss of profit of a freight truck, the average income of other
trucks can be considered.
1. Interest on rental that were not paid;
65. As a rule, documentary evidence should be presented to substantiate the
2. Profits earned of a proposed future based re-scale of property claim for damages for loss of earning capacity. The claim may, however, be
being purchased if the existence of a contract is known to the delinquent allowed despite the non-availability of documentary evidence, provided
seller; and there be oral testimony to the effect that: (a) the victim has been self-
employed, and judicial notice is taken of the fact that in his line of work, no
3. Profits that could have been earned had there been no documentary evidence is available; and (b) the victim has been employed
interruption in the plaintiff's business as evidenced by the reduced receipts as a daily wage worker earning less than the minimum wage under current
of an enterprise. labor laws(Phil. Hawk Corp. v. Tan Lee, Feb. 16, 2010)

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.

68. In the case of a professional man, what is the proper measure of

The rule is that “the amount recoverable by the heirs of the
damage for loss of time?
victim of a tort is not the loss of the entire earnings, but the loss of the The proper measure of damages for the loss of time is the amount he would
portion of the earnings with the beneficiary would have received. In other have earned by the practice of his profession. The fact that he could not
words, only net earnings less expenses necessary in the creation of such legally recover compensation from the persons to whom such services are
earnings or income and minus living and other incidental expenses” rendered will not prevent a recovery for the loss sustained by reason of his
(Dangwa trans cor., Inc., et al. vs. ca, et al., gr.no. 95582, oct. 7, 1991) being deprived of his capacity to perform them. The amount awarded a
professional man for decreased earning capacity should be based on the
fairest estimate the court can make of what his income would probably
An award for lost earning capacity refers to the net income of
have been, taking into consideration the length of time it would probably
the deceased, i.e., his total net expenses (people vs. panabang, jan. 16, have lasted and all the contingencies to which it was subject.
2002)
69. What are the rights granted to an insurer who indemnifies a person
61. Yes. Art. 2205. Damages may be recovered: injured or suffered losses arising out of the act or omission of the
(1) For loss or impairment of earning capacity in cases of another person?
temporary or permanent personal injury;  If the plaintiff's property has been insured, and he has received indemnity
(2) For injury to the plaintiff’s business standing or from the insurance company for the injury or loss arising out of the wrong
commercial credit. or breach of contract complained of, the insurance company shall be
subrogated to the rights of the insured against the wrongdoer or the person
62. To be able to recover actual or compensatory damages, the amount of who was violated the contract. If the amount paid by the insurance
loss must be proven with a reasonable degree of certainty, based on company does not fully cover the injury or loss the aggrieved party shall be
competent proof and on the best evidence obtainable by the injured party.
entitled to recover the deficiency from the person causing the loss of injury. Circular No. 416. (see Pilipinas Bank vs. Court of Appeals, 225 SCRA 268
(Art. 2207 NCC.) [1993]; TioKheCheo vs. Court of Appeals, 202 SCRA 119 [1991]; see A.C.
Enterprises, Inc. vs. Construction Industry Arbitration Commission, 244
70. What is the concept of " attorney's fees" as damages? SCRA 55 [1995]; Philippine National Bank vs. Court of Appeals, 263
 The attorney's fees referred to in this article do not refer to the duty of a SCRA 766 [1996]; Terminal Facilities and Services Corp. vs. Philippine
client to pay his own attorney. Such payment generally involves only the Ports Authority, 378 SCRA 82 [2002].)
client and his attorney. The fees  stated in this article apply rather to
instances when a client may recover from the other party the fees which the (d) When the judgment of the court awarding a sum of money becomes
former may pay the former's attorney. final and executory, the rate of legal interest, regardless of whether the
obligation involves a loan or forbearance of money shall be 12% per
71. Is a pauper litigant exempt from the payment of attorney's fees? annum from such finality until its satisfaction. This interim period being
 While a pauper litigant is exempt from the payment of legal fees and from deemed to be by then an equivalent to a forbearance of credit. Prudential
filing an appeal bond, a printed record on appeal and a printed brief, he is Guarantee and Assurance, Inc. vs. Court of Appeals, 491 SCRA 411
not exempted from the payment of attorney's fees. An award of attorney's [2006]; International Container Terminal Services, Inc. vs. FGU Insurance
fees whether in favor of or against a litigant in " formapauperis"   is thus Corp., 556 SCRA 174 [2008].)
proper.
(e) While the interest agreed upon forms part of the consideration of the
72. When may interest be awarded? contract itself, interest as indemnity for damages is payable only in case of
 Interest may be awarded in the discretion of the court in the following default or non-performance of the contract. As they are distinct claims, they
instances: may be demanded separately. (see Sentinel Insurance Co., Inc. vs. Court of
a. In case of breach of contract; Appeals, 182 SCRA 517 [1990].)
b. In crimes and quasi-delict.
In the absence of stipulation, the rate of interest where the obligation
73. What is the indemnity for damages in case the obligor incurs in delay constitutes a loan or forbearance of money shall be 12% per annum to be
in an obligation to give a sum of money? computed from date of default, i.e., from judicial or extrajudicial demand as
If the obligation consist in the payment of sum of money, and the debtor provided in Article 1169 of the Civil Code.
incurs in delay,the indemnity for damages , there being no stipulation to
the contrary, shall be the payment of the interest agreed upon, and in the (2) Interest accruing from unpaid interest.
absence of stipulation, the legal interest, which is 6% per annum.
( Art.2209, NCC.) Interest due shall earn legal interest from the time it is — Interest due shall earn interest from the time it is judicially demanded
judicially demanded, although the obligation may be silent upon this point. although the obligation may be silent upon this point. (Art. 2212; see Sec.
( Art. 2212, NCC.)
5, Usury Law.) Both Article 2212 of the Civil Code and Section 5 of the
Usury Law are applicable only where interest has been stipulated by the
parties. Article 1212 contemplates the presence of stipulated or
74. Under Art. 1956, of the Civil Code, interest can only be demanded conventional interest which has accrued when demand was judicially made.
when there is a stipulation in writing, give an exception to this rule. In cases where no interest had been stipulated by the parties, no accrued
conventional interest could further earn interest upon judicial demand.
Article 1956 is subject to two exceptions: (Phil.-American Accident Insurance Co., Inc. vs. Flores, 97 SCRA 811
[1980]; David vs. Court of Appeals, 310 SCRA 710 [1999].)
(1) Indemnity for damages.
Where the court’s judgment which did not provide for the payment of
— The debtor in delay is liable to pay legal interest (6%/12%) as indemnity interest has already become final, no interest may be awarded. (Santuban
for damages even in the absence of stipulation for the payment of interest. vs. Fule, 133 SCRA 762 [1984]; Ruiz vs. Caneba, 191 SCRA 865 [1990];
Solidbank Corporation vs. Court of Appeals, 379 SCRA 159 [2002].) What
remains is the ministerial execution of the judgment.
(a) Under Article 2209, the appropriate measure for damages in case of
delay in discharging an obligation consisting of the payment of a sum or
money, is the payment of the penalty interest at the rate agreed upon; and in
the absence of a stipulation of a particular rate of penalty interest, then the
payment of additional interest at a rate equal to the regular monetary Please note: New CB Circular where the new legal interest is 6%
interest, and if no regular interest had been agreed upon, then payment of
legal interest which is 6% annually or, in the case of loans or forbearances
of money, 12% per annum as provided for in Central Bank Circular No.
416, infra. (State Investment House, Inc. vs. Court of Appeals, 198 SCRA 75. When does actual damages given by the court in a breach of
390 [1991]; Eastern Shipping Lines, Inc. vs. Court of Appeals, 234 SCRA contract earn legal interest?
78 [1994]; New Sampaguita Builders Construction, Inc. vs. Phils., 435
SCRA 565 [2004], citing De Leon, Comments and Cases on Credit
Transactions [1995], p. 50.) The “obligation consisting of the payment of a
sum of money’’ referred to in Article 2209 is not confined to a loan or Interest may be awarded in the discretion of the court, considering
forbearance of money. It has also been applied by the Supreme Court in the circumstances of the case, for breach of contract and in crimes or quasi-
cases involving default in the payment of price or consideration under a delicts. The amount thereof cannot be left to speculation or conjecture but
contract of sale and an action for damages for injury to persons and loss of must have some factual, legal and equitable bases. (Art. 2210; De Leon,
property and an action for damages arising from unpaid insurance claims. COMMENTS AND CASESON TORTS AND DAMAGES, 2004 Page
(Castelo vs. Court of Appeals, 244 SCRA 180 [1995].) 668)

(b) Under the provisions of Article 2213, interest “cannot be recovered

upon unliquidated claims or damages except when the demand can be
established with reasonable certainty.’’ It is axiomatic that if the suit were Actual damages given by a court in a breach of contract case shall
for damages, unliquidated and not known until definitely assessed and earn legal interest, not from the date of the filing of the complaint but from
determined by the courts, after proof, interest at rate of 6% per annum the date the judgment of the trial court is rendered. (Juana Soberano& Jose
should be from the date the judgment of the court is made, i.e., at which B. Soberano v. The Manila Railroad Co., L-19407, Nov. 23, 1966).
time the qualification of damages may be deemed to be reasonably
ascertained. (Lim vs. Court of Appeals, 373 SCRA 394 [2002].) 76. When damages mitigated?

(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.

The parents of the female seduced, abducted, raped, or abused, referred to

in No. 3 of this article, may also recover moral damages. The
spouse, descendants, ascendants, and brothers and sisters may bring the
action mentioned in No. 9 of this article, in the order named.

Comment:

“Analogous cases” refers to instances similar to the cases enumerated in the

article, and not to ALL causes of mental anguish. (People v. Plaza, [C.A.]
52 O.G. 6609). One example is the institution of unfounded suits, one after
another, all resulting in the dismissal of said suits; the anguish and
embarrassment suffered by the defendant cannot be denied. (Haw Pia v.
Court of Appeals, L- 20047, Jun. 30, 1967). Ordinarily, a breach of contract
cannot be considered as included in the descriptive term “analogous cases”
used in Art. 2219, not only because Art. 2220 specifically provides for the
damages that are caused by a contractual breach but because the definition
of quasi-delict in Art. 2176 of the Code expressly excludes the cases where
there is a pre-existing contractual relation between the parties. The
advantageous position of a party suing a carrier for breach of the contract of
transportation explains to some extent, the limitations imposed by the new
Code on the amount of the recovery. The action for breach of contract
imposes on the defendant carrier a presumption of liability upon mere proof
of injury to the passenger; the latter is relieved from the duty to establish
the fault of the carrier, or of his employees; and the burden is placed on the
carrier to prove that it was due to an unforeseen event or to force majeure.
Moreover, the carrier, unlike in suits involving quasi-delict, may not escape
liability by proving that it has exercised due diligence in the selection and
supervision of the employees. Incidentally, regarding the claim that moral
damages may be awarded because of Art. 1170 (incidental fraud), suffice it
to state that said article merely sets forth a general principle on dam- ages.
(See Geraldez v. CA, GR 108253, Feb. 23, 1994, 48 SCAD 508). As
regards moral damages, Art. 2219 is controlling, it being a specifi c
provision thereon and as such, it prevails over Art. 1170. (Verzosa v.