Torts and Damages

San Beda College of Law 215
MEMORY AID IN CIVIL LAW
TORTS AND DAMAGES
I. TORTS NEGLIGENCE
 The omission of that degree of
TORT diligence which is required by the nature
 An unlawful violation of private of the obligation and corresponding to
right, not created by contract, and which the circumstances of persons, time and
gives rise to an action for damages. place. (Article 1173 Civil Code)
 It is an act or omission producing an
injury to another, without any previous Kinds of Negligence:
existing lawful relation of which the said 1. Culpa Contractual (contractual
act or omission may be said to be a negligence)
natural outgrowth or incident.  Governed by CC provisions on
Obligations and Contracts, particularly
NOTES: Arts. 1170 to 1174 of the Civil Code.
 An unborn child is NOT entitled to
damages. But the bereaved parents may 2. Culpa Aquiliana (quasi-delict)
be entitled to damages, on damages  Governed mainly by Art. 2176 of the
inflicted directly upon them. (Geluz vs. Civil Code
CA, 2 SCRA 802)
 Defendants in tort cases can either 3. Culpa Criminal (criminal negligence)
be natural or artificial being.  Governed by Art. 365 of the Revised
Corporations are civilly liable in the Penal Code.
same manner as natural persons.
 Any person who has been injured by NOTES:
reason of a tortious conduct can sue the
tortfeasor.  The 3 kinds of negligence furnish
 The primary purpose of a tort action separate, distinct, and independent
is to provide compensation to a person bases of liability or causes of action.
who was injured by the tortious conduct  A single act or omission may give rise
of the defendant. to two or more causes of action.
 Preventive remedy is available in
some cases.
Classes of Torts: Culpa Contractual Culpa Aquiliana

The foundation of
A. Negligent Torts the liability of the It is a separate
B. Intentional Torts defendant source of obligation
independent of
C. Strict Liability is the contract contract
In quasi-delict the
In breach of contract presumptive
committed through responsibility for the
the negligence of negligence of his
A. NEGLIGENT TORTS employee, the servants can be
employer cannot rebutted by proof of
erase his primary and the exercise of due
 Involve voluntary acts or omissions care in their selection
which result in injury to others without direct liability by
invoking exercise of and supervision.
intending to cause the same or because diligence of a good
the actor fails to exercise due care in father of a family in
performing such acts or omissions. the selection and
supervision of the
employee.
CIVIL LAW COMMITTEE

CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
 SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma. Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease), John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
 Negligence is a conduct - the

determination of the existence of
Culpa Aquiliana Crime negligence is concerned with what the
defendant did or did not do
Only involves private Affect the public  The state of mind of the actor is
concern interest not important; good faith or use of
sound judgment is immaterial. The
The Civil Code by The Revised Penal existence of negligence in a given
means of indem- Code punishes or case is not determined by reference
nification merely corrects criminal act to the personal judgment but by the
repairs the damage behavior of the actor in the situation
before him. (Picart vs. Smith)
Includes all acts in Punished only if there  Negligence is a conduct that creates
which any kind of is a penal law clearly an undue risk of harm to others.
fault or negligence covering them  The determination of negligence is a
intervenes
question of foresight on the part of the
actor – FORESEABILITY.
Liability of the
Liability is direct and employer of the
primary in quasi- actor-employee is  Even if a particular injury was not
delict subsidiary in crimes foreseeable, the risk is still foreseeable
if possibility of injury is foreseeable.
QUASI-DELICT
 Forseeability involves the question of
 Whoever by act or omission causes PROBABILITY, that is, the existence of
damage to another, there being fault or some real likelihood of some damage and
negligence is obliged to pay for the the likelihood is of such appreciable
damage done. (Article 2176 Civil Code) weight reasonably to induce, action to
avoid it.
Essential Requisites for a quasi-

delictual action: Calculation of Risk
1. Act or omission constituting fault or  Interests are to be balanced only in
negligence; the sense that the purposes of the actor,
2. Damage caused by the said act or the nature of his act and the harm that
omission; and may result from action or inaction are
3. Causal relation between the damage elements to be considered.
and the act or omission.
Circumstances to consider in
Tests of Negligence determining negligence: (PEST-GAP)
1. Did the defendant in doing the 1. Time
alleged negligent act use the 2. Place
reasonable care and caution which 3. Emergency
an ordinarily prudent person would  Emergency rule
have used in the same situation? GENERAL RULE: An individual who
 If not then he is guilty of suddenly finds himself in a situation
negligence. of danger and is required to act
2. Could a prudent man, in the case without much time to consider the
under consideration, foresee harm as best means that may be adopted to
a result of the course pursued? avoid the impending danger is not
 If so, it was the duty of the actor to guilty of negligence if he fails to
take precautions to guard against harm. undertake what subsequently and
upon reflection may appear to be a
NOTES: better solution.
EXCEPTION: When the emergency
was brought by the individual’s own
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negligence. (Valenzuela vs. CA 253  Absence of negligence does not

SCRA 303). necessarily mean absence of liability.
4. Gravity of Harm to be avoided  Liability without fault: a child under
5. Alternative Course of Action 9 years can still be subsidiarily liable
 If the alternative presented to with his property (Art. 100, RPC)
the actor is too costly, the harm  Absence of negligence of the child
that may result may be still be
may not excuse the parents from their
considered unforeseeable to a
vicarious liability under Art. 2180 NCC or
reasonable man.
Art. 221 FC.
6. Social value or utility of activity
7. Person exposed to the risk
2. Physical Disability
 Mere weakness of a person will not
GOOD FATHER OF A FAMILY (pater
be an excuse in negligence cases.
familias):
 However if defect amounts to a real
- this is the standard of conduct used in
disability the standard of conduct is that
the Philippines
of a reasonable person under like
- a man of ordinary intelligence and
disability.
prudence or an ordinary reasonable
prudent man
3. Experts and professionals
a reasonable man deemed to have
 They should exhibit the care and skill
knowledge of the facts that a man should
of one who is ordinarily skilled in the
be expected to know based on ordinary
particular field that he is in.
human experience. (PNR vs IAC, 217
 When a person holds himself out as
SCRA 409)
being competent to do things requiring
- a prudent man who is expected to know
professional skill, he will be held liable
the basic laws of nature and physics, e.g.
for negligence if he fails to exhibit the
gravity.
care and skill of one ordinarily skilled in
the particular work which he attempts to
SPECIAL RULES
do.
1. Children
 An expert will not be judged based
 The action of the child will not
on what a non-expert can foresee.
necessarily be judged according to the
 The rule regarding experts is
standard of an adult. But if the minor is
applicable not only to professionals who
mature enough to understand and
have undergone formal education.
appreciate the nature and consequence
of his actions, he will be considered
4. Nature of activity
negligent if he fails to exercise due care
 There are activities which by nature
and precaution in the commission of such
impose duties to exercise a higher
acts.
degree of diligence.
Examples:
NOTES:
a. Banks, by the very nature of their
 The law fixes no arbitrary age at work, are expected to exercise the
which a minor can be said to have the highest degree of diligence in the
necessary capacity to understand and selection and supervision of their
appreciate the nature and consequence employees.
of his acts. (Taylor vs. Meralco, 16 Phil b. Common carriers are required to
8) exercise extraordinary diligence in the
 Applying the provisions of the vigilance over their passengers and
Revised Penal Code, Judge Sangco takes transported goods. (Article 1733 Civil
the view that a child who is 9 or below is Code).
conclusively presumed to be incapable of
negligence. In the other hand, if the 5. Intoxication
child is above 9 years but below 15, GENERAL RULE: Mere intoxication is
there is a disputable presumption of not negligence, nor does the mere fact
absence of negligence. of intoxication establish want of ordinary
care. But it may be one of the
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circumstances to be considered to prove EXCEPTIONS:

negligence. a. When unusual conditions occur and
EXCEPTION: Under Art. 2185 of the strict observance may defeat the
Civil Code, it is presumed that a person purpose of the rule and may even
driving a motor vehicle has been lead to adverse results.
negligent if at the time of the mishap, b. When the statute expressly
he was violating any traffic regulation. provides that violation of a
statutory duty merely establishes a
6. Insanity presumption of negligence.
 The insanity of a person does not
excuse him or his guardian from liability NOTE: Rule as to proof of proximate
based on quasi-delict. cause
 Bases for holding an insane person GENERAL RULE: Plaintiff must show
liable for his tort: that the violation of the statute is the
a. Where one of two innocent persons proximate or legal cause of the injury
must suffer a loss, it should be borne by or that it substantially contributed
the one who occasioned it. thereto. (Sanitary Steam Laundry, Inc.
b. To induce those interested in the vs. CA 300SCRA20)
estate of the insane person to restrain EXCEPTION: In cases where the
and control him. damage to the plaintiff is the damage
c. The fear that an insanity would sought to be prevented by the statute.
lead to false claims of insanity and avoid In such cases, proof of violation of
liability. statute and damage to the plaintiff
may itself establish proximate cause.
7. Women (Teague vs. Fernandez 51SCRA181).
 In determining the question of
contributory negligence in performing 2. Administrative Rule
such act, the age, sex, and condition of  Violation of a rule promulgated by
the passengers are circumstances administrative agencies is not negligence
necessarily affecting the safety of the per se but may be EVIDENCE OF
passenger, and should be considered. NEGLIGENCE.
(Cangco vs. Manila Railroad Co. GR
No.12191, October 14, 1918) 3. Private Rules of Conduct.
 Although there is no unequivocal  Violation of rules imposed by
statement of the rule, Valenzuela vs. CA private individuals (e.g. employers) is
253SCRA303 appears to require a merely a POSSIBLE EVIDENCE OF
different standard of care for women NEGLIGENCE.
under the circumstances indicated
therein. B. PRACTICE AND CUSTOM
 However, Dean Guido Calabresi  Compliance with the practice and
believes that there should be a uniform custom in a community will not
standard between a men and a women. automatically result in a finding that the
actor is not guilty of negligence. Non-
Other Factors to Consider in compliance with the practice or custom
Determining Negligence: in the community does not necessarily
A. VIOLATION OF RULES AND mean that the actor was negligent.
STATUTES  In Yamada vs. Manila Railroad Co.,
1. Statutes the owner of an automobile struck by a
GENERAL RULE: Violation of a train while crossing the tracks sought to
statutory duty is NEGLIGENCE PER SE establish absence of negligence of its
(Cipriano vs. CA, 263SCRA711). When the driver by evidence of a custom of
Legislature has spoken, the standard of automobile drivers of Manila by which
care required is no longer what a they habitually drove their cars over the
reasonably prudent man would do under railroad crossings without slackening
the circumstances but what the speed. The SC rejected the argument by
Legislature has commanded. ruling that: a practice which is dangerous
CIVIL LAW COMMITTEE

to human life cannot ripen into custom EXCEPTION: When such possession or
which will protect anyone who follows it. use is indispensable to his occupation or
business. (Article 2188 Civil Code)
C. COMPLIANCE WITH STATUTES 5. GENERAL RULE: Presumption of
 Compliance with a statute is not negligence of the common carrier arises
conclusive that there was no negligence. in case of loss, destruction or
 Example: A defendant can still be deterioration of the goods, or in case of
held liable for negligence even if he can death or injury of passengers.
establish that he was driving below the þEXCEPTION: Upon proof of exercise of
speed limit. Compliance with the speed extraordinary diligence.
limit is not conclusive that he was not
negligently driving his car. B. Res Ipsa Loquitur
Gross Negligence - Negligence where  “The thing or transaction speaks for

there is “want of even slight care and itself.”
diligence.”  It is a rule of evidence peculiar to
the law of negligence which recognizes
PROOF OF NEGLIGENCE that prima facie negligence may be
GENERAL RULE: established in the absence of direct
 If the plaintiff alleged in his proof, and furnishes a substitute for
complaint that he was damaged because specific proof of negligence.
of the negligent acts of the defendant,
the plaintiff has the burden of proving
such negligence. (Taylor vs. MERALCO
16Phil8)
 The quantum of proof required is
preponderance of evidence. (Rule 133 Requisites of Res Ipsa Loquitor:
Revised Rules of Court) 1. The accident was of a kind which
þEXCEPTIONS: Exceptional cases when ordinarily does not occur in the
the rules or the law provides for cases absence of someone’s negligence;
when negligence is presumed. 2. The instrumentality which caused
A. Presumptions of Negligence the injury was under the exclusive
B. Res Ipsa Loquitur control and management of the
person charged with negligence; and
3. The injury suffered must not have
A. Presumptions of Negligence been due to any voluntary action or
1. In motor vehicle mishaps, the owner contribution on the part of the
is presumed negligent if he was in the person injured; absence of
vehicle and he could have used due explanation by the defendant.
diligence to prevent the misfortune.
(Article 2184 Civil Code)
2. It is disputably presumed that a  In Africa vs. Caltex (Phil.) Inc. Mar
driver was negligent if he had been 31, 1966, defendant Caltex was liable for
found guilty of reckless driving or damage done to the property of its
violating traffic regulations at least neighbors when fire broke out in a Caltex
twice for the next preceding two service station. The gasoline station,
months. (Article 2184 Civil Code) with all its appliances, equipment and
3. The driver of a motor vehicle is employees, was under the control of the
presumed negligent if at the time of the defendant. The persons who knew how
mishap, he was violating any traffic the fire started were the defendant and
regulation. (Article 2185 Civil Code) its employees, but they gave no
4. GENERAL RULE: Prima facie explanation whatsoever.
presumption of negligence of the  The doctrine is not applicable if
defendant arises if death or injury there is direct proof of absence or
results from his possession of dangerous
weapons or substance.
CIVIL LAW COMMITTEE

presence of negligence. (S.D. Martinez, NOTE: Damage to any person resulting

et al vs. William Van Buskirk) from the exercise of any rights of
ownership is damage without injury
(Damnum absque injuria)
AFFIRMATIVE DUTIES AND
MISCELLANEOUS ACTIVITIES: EXCEPTIONS:
1. Duty to Rescue a. Visitors and tolerated possession
A. Duty to the rescuer  The owner is still liable if the
 The defendants are liable for the plaintiff is inside his property by
injuries to persons who rescue people in tolerance or by implied permission.
distress because of the acts or omissions  Owners of buildings or
of the said defendants. premises owe duty of care to
 There is liability to the rescuer visitors.
and the law does not discriminate b. Doctrine of Attractive Nuisance
between the rescuer oblivious to the  One who maintains on his
peril and the one who counts the costs. premises dangerous instrumentalities
 The risk of rescue, if only not or appliances of a character likely to
wanton, is born of the occasion. attract children in play, and who
 One who was hurt trying to fails to exercise ordinary care to
rescue another who was injured through prevent children from playing
negligence may recover damages. therewith or resorting thereto, is
(Santiago vs. De leon CA-GR No.16180-R liable to a child of tender years who
March 21, 1960) is injured thereby, even if the child
 Danger of personal injury or is technically a trespasser in the
death. premises.
NOTE: A swimming pool or pond or
reservoir of water is NOT considered
attractive nuisance. (Hidalgo
Enterprises vs. Baladan 91 Phil 488)
c. State of Necessity
B. Duty to rescue  The owner of a thing has no right
GENERAL RULE: There is no general to prohibit the interference of
duty to rescue; a person is not liable for another with the same if the
quasi-delict even if he did not help a interference is necessary to avert
person in distress. imminent danger and the threatened
EXCEPTIONS: A limited duty to rescue damage, compared to the damage
is imposed in certain cases: arising to the owner from the
Abandonment of persons in danger and interference, is much greater.
abandonment of one’s own victim is (Article 432 Civil Code)
considered, under certain circumstances  It is also a recognized justifying
as a crime against security (Article 275 circumstance under the RPC.
RPC); and  In both the Civil Code and the
No driver of a motor vehicle concerned RPC, the owner may demand from
in a vehicular accident shall leave the the person benefited, indemnity for
scene of the accident without aiding the the damages.
victim unless he is excused from doing
so. (Section 55 RA 4136 [Land Use of properties that injures another
Transportation and traffic Code])  An owner cannot use his property in
such a manner as to injure the rights of
2. Owners, Proprietors and Possessors others. (Article 431 Civil Code).
of Property  Hence the exercise of the right of
GENERAL RULE: The owner has no duty the owner may give rise to an action
to take reasonable care towards a based on quasi-delict if the owner
trespasser for his protection or even to negligently exercises such right to the
protect him from concealed danger. prejudice of another.
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Liability of Proprietors of buildings  From the nature of their business

 New Civil Code include provisions and for reasons of public policy, they are
that apply to proprietors of a building or bound to exercise extraordinary
structure which involve affirmative duty diligence in the vigilance over the goods
of due care in maintaining the same: and the safety of the passengers.
Articles 2190 and 2191.  The case against the common carrier
 Third persons who suffered damages is for the enforcement of an obligation
may proceed only against the engineer or arising from breach of contract.
architect or contractor if the damage  The same act which breached the
referred to in Articles 2190 and contract may give rise to an action based
2191should be a result of any defect in on quasi delict. (Air France vs
construction. Carrascoso, L21438, Sept. 28, 1996)
 Nevertheless, actions for damages
can still be maintained under Article 6. Doctors
2176 for damages resulting from A. STANDARD OF CARE
proprietor’s failure to exercise due care  The proper standard is whether,
in the maintenance of his building and the physician if a general practitioner,
that he used his property in such a way has exercised the degree of care and
that he injured the property of another. skill of the average qualified
practitioner, taking into account the
3. Employers and Employees advances in the profession.
A. Employers  A physician who holds himself out
 Actions for quasi-delict can still be as a specialist should be held to the
maintained even if employee’s standard of care and skill of the average
compensation is provided for under member of the profession practicing the
the Labor Code. specialty, taking into account the
 In quasi-delictual actions against the advances in the profession.
employer, the employee may use the
provisions of the Labor Code which B. THE CAPTAIN OF THE SHIP DOCTRINE
imposes upon the employer certain  The head surgeon is made liable
duties with respect to the proper for everything that goes wrong within
maintenance of the work place or the four corners of the operating room.
the provisions of adequate facilities  It enunciates the liability of the
to ensure the safety of the surgeon not only for the wrongful acts of
employees. those under his physical control but also
 Articles 1711 and 1712 of the Civil those wherein he has extension of
Code impose liability without fault control.
on the part of the employers. C. NOT WARRANTORS
 Physicians are not warrantors of
B. Employees cures or insurers against personal injuries
 Employees are bound to exercise due or death of the patient.
care in the performance of their
functions for the employers; absence D. PROOF
such due care, the employee may be  Expert testimony should be offered
held liable. to prove that the circumstances are
constitutive of conduct falling below the
4. Banks standard of care employed by other
 The business of banks is one affected physicians in good standing when
by public interest. Because of the performing the same operation.
nature of its functions, a bank is under  Medical malpractice can also be
obligation to treat the accounts of its established by relying on the doctrine of
depositors with meticulous care, always res ipsa loquitor; in which case the need
having in mind the fiduciary nature of of expert testimony is dispensed with
their relationship. (PBC vs. CA [1997]) because the injury itself provides the
proof of negligence. (Ramos vs. CA, GR
5. Common carriers No.124354, December 29, 1999)
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 Example: The doctrine was applied a. Plaintiffs own negligence as the

in a case of removal of the wrong part of proximate cause
the body when another part was  When the plaintiffs own negligence
intended. was the immediate and proximate
cause of his injury, he cannot
 Two pronged evidence: recover damages. (Article 2179
a. Evidence as to the recognized Civil Code)
standards of the medical community b. Contributory negligence
in the particular kind of case; and  Conduct on the part of the injured
b. A showing that the physician party contributing as a legal cause
departed from this standard in his to the harm he has suffered which
treatment. falls below the standard to which
 Four elements in medical he is required to conform for his
negligence cases: duty, breach, injury own protection. (Valenzuela vs. CA
and proximate causation 253SCRA303)
 If the plaintiffs negligence was
E. LIABILITY OF HOSPITALS AND only contributory, the immediate
CONSULTANTS and proximate cause of the injury
 There is no employer-employee being the defendant’s lack of due
relationship between the hospital and a care, the plaintiff may recover
physician admitted in the said hospital’s damages but the courts shall
medical staff as an active or visiting mitigate the damages to be
consultant which would hold the awarded (Article 2179 Civil Code).
hospital liable solidarily liable for the  Doctrine of Comparative
injury suffered by a patient under Article Negligence
2180 of the Civil Code. (Ramos vs. CA GR  The
No 124354, April 11, 2002) relative degree of negligence of
 The contract between the the parties is considered in
consultant and the patient is separate determining whether and to what
and distinct the contract between the degree, either should be
hospital and the patient. The first has responsible for his negligence
for its object the rendition of medical (apportionment of damages).
services by the consultant to the patient,  This is
while the second concerns the provision the doctrine being applied in our
by the hospital of facilities and services jurisdiction wherein the
by its staff such as nurses and laboratory contributory negligence of the
personnel necessary for the proper plaintiff does not completely bar
treatment of the patient. (Ramos vs. CA recovery but merely results in
GR No 124354, April 11, 2002) mitigation of liability; it is a partial
defense.
7. Lawyers  The
 An attorney is not bound to exercise
court is free to determine the
extraordinary diligence but only a
extent of the mitigation of the
reasonable degree of care and skill,
defendant’s liability depending
having reference to the business he
upon the circumstances.
undertakes to do.
2. IMPUTED CONTRIBUTORY
DEFENSES IN NEGLIGENCE CASES
NEGLIGENCE
Kinds of defenses:
 Negligence is imputed if the actor is
A. Complete – completely bars
different from the person who is
recovery
being made liable.
B. Partial – mitigates liability
 The defendant will be subject to
mitigated liability even if the
1. PLAINTIFFS CONDUCT AND
plaintiff was not himself personally
CONTRIBUTORY NEGLIGENCE
negligent but because the negligence
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of another is imputed to the a. The plaintiff must know that the

plaintiff. risk is present;
 It is applicable if the negligence was
on the part of the person for whom b. He must further understand its
the plaintiff is responsible, and nature; and that
especially, by negligence of an
associate in the transaction where he c. His choice to incur it is free and
was injured. voluntary.
3. FORTUITOUS EVENTS
 Essential requisites:  KINDS:
a. The cause of the unforeseen and
unexpected occurrence, or of the a. Express waiver of the right to
failure of the debtor to comply recover
with his obligation, must be
independent of the human will;  There is assumption of risk if the
b. It must be impossible to foresee plaintiff, in advance has expressly
the event which constitutes the waived his right to recover damages for
“caso fortuito,” or if it can be the negligent act of the defendant.
foreseen, it must be impossible to
avoid; NOTE: A person cannot contract away his
c. The occurrence must be such as to right to recover damages resulting from
render it impossible for the debtor negligence. Such waiver is contrary to
to fulfill his obligation in a normal public policy and cannot be allowed.
manner; and However, the waiver contemplated by
d. The obligor must be free from any this prohibition is the waiver of the right
participation in the aggravation of to recover before the negligent act was
the injury resulting to the creditor. committed.
NOTE: When an act of God concurs If waiver was made after the cause
with the negligence of defendant to of action accrued, the waiver is valid and
produce an injury, the defendant is may be construed as a condonation of
liable if the injury would not have the obligation.
resulted but for his own negligent
conduct or omission. The whole
occurrence is humanized and removed
from the rules applicable to acts of b. Implied Assumptions
God. (NAPOCOR vs. CA [1993])
þGENERAL RULE: It is a complete i. Dangerous Conditions
defense and a person is not liable if
the cause of the damage is a fortuitous  A person who, knowing that he
event. is exposed to a dangerous condition
þEXCEPTION: It is merely a partial voluntarily assumes the risk of such
defense and the courts may mitigate dangerous condition may not recover
the damages if the loss would have from the defendant who maintained
resulted in any event (Art. 2215(4) such dangerous conditions.
Civil Code).  Example: A person who main-
tained his house near a railroad track
4. ASSUMPTION OF RISK assumes the usual dangers attendant
 Volenti non fit injuria: One is not to the opera-tion of a locomotive.
legally injured if he has consented to the (Rodrigueza vs. Manila Railroad Co.,
act complained of or was willing that it GR No. 15688, Nov. 19, 1921).
should occur.
ii. Contractual Relations
 It is a complete defense.
 There may be implied
 Elements: assumption of risk if the plaintiff
CIVIL LAW COMMITTEE

entered into a contractual relation  An action survives even if the

with the defendant. By entering into defendant dies during the pendency of
a relationship freely and voluntarily the case if the case is an action to
where the negligence of the recover for an injury to persons or
defendant is obvious, the plaintiff property by reason of tort committed by
may be found to accept and consent the deceased. It is no defense at all.
to it.
 EXAMPLES: 6. PRESCRIPTION
 An action based on quasi-delict
a) The employees assume the prescribes in four years from the date of
ordinary risks inherent in the the accident. (Article 1146 Civil Code)
industry in which he is employed.
Relations Back Doctrine
 An act done at one time is
- As to abnormal risks, there considered by fiction of law to have
must be cogent and convincing been done at some antecedent
evidence of consent. period. (Allied Banking Corp vs. CA,
1989)
b) When a passenger boards a  EXAMPLE: A doctor negligently
common carrier, he takes the risks transfused blood to a patient that
incidental to the mode of travel he was contaminated with HIV. If the
has taken. effect became apparent only after
five (5) years, the four (4) year
iii. Dangerous Activities prescriptive period should commence
only when it was discovered.
 Persons who voluntarily
participate in dangerous activities
assume the risks which are usually 7. INVOLUNTARINESS
present in such activities.  It is a complete defense in quasi-
delict cases and the defendant is
 EXAMPLE: A professional therefore not liable if force was exerted
athlete is deemed to assume the on him. (Aquino, Torts and Damages)
risks of injury to their trade.
 EXAMPLE: When the defendant was
iv. Defendant’s negligence forced to drive his vehicle by armed
men. He was, at pain of death, forced to
drive at a very fast clip because the
 When the plaintiff is aware of
armed men were escaping from the
the risk created by the defendant’s
policemen. The defendant cannot be
negligence, yet he voluntarily
held liable, if a bystander is hit as a
decided to proceed to encounter it,
consequence.
there is an implied admission.
 EXAMPLE: If the plaintiff has

CAUSATION
been supplied with a product which
he knows to be unsafe, he is deemed
Proximate Cause
to have assumed the risk of using
 That cause which in natural and
such unsafe product.
continuous sequence, unbroken by any
efficient intervening cause, produces the
injury, without which the result would
5. DEATH OF THE DEFENDANT not have occurred.
 Death of the defendant does not
extinguish the obligation based on quasi-
delict.
CIVIL LAW COMMITTEE

Remote Cause Tests of Proximate Cause

 That cause which some independent  Two-part test
force merely took advantage of to 1. Cause-in-fact Test
accomplish something not the natural 2. Policy Test
effect thereof. NOTE: In determining the proximate
cause of the injury, it is first necessary
Nearest Cause to determine if the defendant’s
 That cause which is the last link in negligence was the cause-in-fact of the
the chain of events; the nearest in point damage to the plaintiff. (Cause-in-fact
of time or relation. test)
 Proximate cause is not necessarily  If the
the nearest cause but that which is the defendant’s negligence was not
procuring efficient and predominant the cause-in-fact, the inquiry
cause. stops.
Concurrent Causes  If it is, the
 The actor is liable even if the active inquiry shifts to the question of limit
and substantially simultaneous operation of the defendant’s liability. (Policy
of the effects of a third person’s test)
innocent, tortious or criminal act is also CAUSE-IN-FACT TESTS:
a substantial factor in bringing about the 1. But-For Test
harm so long as the actor’s negligent  The defendant’s conduct is the
conduct actively and continuously cause-in-fact if damage would not have
operate to bring about harm to another. resulted had there been no negligence
(Africa vs. Caltex) on the part of the defendant.
 Where several causes producing the Conversely, defendant’s negligent
injury are concurrent and each is an conduct is not the cause in fact of the
efficient cause without which the injury plaintiff’s damage if the accident could
would not have happened, the injury not have been avoided in the absence
may be attributed to all or any of the thereof.
causes and recovery may be had against
any or all of the responsible persons. 2. Substantial Factor test
 Where the concurrent or successive  The conduct is the cause-in-fact of
the damage if it was a substantial factor
negligent acts or omissions of two or
in producing the injuries.
more persons, although acting
 In order to be a substantial factor in
independently, are in combination the
producing the harm, the causes set in
direct and proximate cause of a single
motion by the defendant must continue
injury to a third person, and it is
until the moment of the damage or at
impossible to determine what proportion
least down the setting in motion of the
each contributed to the injury, either of
final active injurious force which
them is responsible for the whole injury,
immediately produced or preceded the
even though his act alone might not have
damage.
caused the entire injury; they become
NOTE: If the defendant’s conduct was
joint tort-feasors and are solidarily liable
already determined to be the cause in
for the resulting damage under Article
fact of the plaintiff’s damage under the
2194 of the Civil Code.
but for test, it is necessarily the cause in
fact of the damage under the substantial
factor test.
NOTE: Primary cause remains the
proximate cause even if there is an
3. NESS Test
intervening cause which merely
 The candidate condition may still be
cooperated with the primary cause and
termed as a cause where it is shown to
which did not break the chain of
be a necessary element in just one of
causation.
several co-present causal set each
independently sufficient for the effect.
CIVIL LAW COMMITTEE

 New Civil Code has a chapter on

Two ways by which co-presence may Damages which specifies the kind of
manifest itself: damage for which the defendant may be
a. Duplicative causation held liable and the extent of damage to
 When two or more sets operate be awarded to the plaintiff.
simultaneously to produce the  Cause-in-fact Tests:
effect; the effect is over- 1. But-for test
determined. 2. Substantial Factor test
b. Pre-emptive causation 3. NESS test
 When, though coming about first  Policy test: The directness approach
in time, one causal set trumps
is being applied in this jurisdiction.
another potential set lurking in the
background; the causal potency of
NOTE: The definition of proximate cause
the latter is frustrated.
which includes the element of foresight
is not consistent with the express
 Multiple causation provision of the Article 2202 of the New
 If there are a number of candidate Civil Code; a person may be held liable
conditions, which, taken one at a time, whether the damage to the plaintiff may
would not in fact have been sufficient to be unforeseen.
cause the accident and the accident was Cause and Conditions
a cumulative effect of all the candidate  It is no longer practicable to
conditions. distinguish between cause and
condition.
Policy Tests:  The defendant may be liable even if
1. Foreseeability Test only created conditions, if the conditions
2. Natural and Probable Consequence resulted in harm to either person or
Test property.
3. Natural and Ordinary or Direct  EXAMPLES of Dangerous Conditions:
Consequence Test 1. Those that are inherently
4. Hindsight Test dangerous
5. Orbit of Risk Test 2. Those where a person places a
6. Substantial Factor Test thing which is not dangerous in itself in a
dangerous position.
Policy Tests may be divided into Two 3. Those involving products and
Groups: other things which are dangerous
1. FORESIGHT PERSPECTIVE/ because they are defective.
FORESEEABILITY TESTS
 The defendant is not liable for the Efficient Intervening Cause
unforeseeable consequences of his acts  One which destroys the causal
 Liability is limited within the risk connection between the negligent act
created by defendants’ negligent acts. and the injury and thereby negatives
liability.
2. DIRECT PERSEPECTIVE/ DIRECT  There is NO efficient intervening
COSEQUENCES TESTS cause if the force created by the
 The defendant is liable for damages negligent act or omission have either:
which are beyond the risk. 1. Remained active itself, or
 Direct consequences are those which 2. Created another force which
follow in sequence from the effect of remained active until it directly
defendants act upon conditions existing caused the result, or
and forces already in operation at the 3. Created a new active risk of
time without intervention of any being acted upon by the active force
external forces, which come into active that caused the result.
operation later. EXAMPLE: The medical findings, show
that the infection of the wound by
Tests applied in the Philippines: tetanus was an efficient intervening
cause later or between the time Javier
CIVIL LAW COMMITTEE

was wounded to the time of his death.  Negligence of the plaintiff

(People vs. Rellin 77 Phil 1038) cooperated with the negligence of the
defendant in order to bring about the
NOTES: injury; determination of proximate cause
 A cause is not an intervening cause if is only a matter of degree of
it was already in operation at the time participation.
the negligent act is committed.
 Foreseeable intervening causes D. Defendant’s Negligence is the Only
cannot be considered sufficient cause
intervening causes.  Defendant’s negligence was
 The intervention of unforeseen and sufficient AND necessary to bring about
unexpected cause is not sufficient to the injury.
relieve the wrongdoer from  However, if plaintiff’s negligence
consequences of negligence if such increased or aggravated the resulting
negligence directly and proximately damage or injury liability of the
cooperates with the independent cause defendant should also be mitigated
in the resulting injury. under contributory negligence rule or
under the doctrine of avoidable
CONTRIBUTORY NEGLIGENCE consequences.
A. Plaintiff’s negligence is the cause Doctrine of Last Clear Chance or
 Plaintiff’s negligence is not Discovered Peril
contributory if it is necessary and  The negligence of the plaintiff does
sufficient to produce the result. not preclude a recovery for the
 EXAMPLES: negligence of the defendant where it
1. Only the plaintiff was negligent. appears that the defendant, by
2. Defendant’s negligence is not a exercising reasonable care and
part of the causal set which is a part of prudence, might have avoided injurious
the causal chain. consequences to the plaintiff
3. Plaintiff’s negligence was pre- notwithstanding the plaintiff’s
emptive in nature. negligence.
B. Compound Causes Alternative Views:

 Plaintiff’s negligence may have 1. Prevailing view
duplicative effect, that it, it is sufficient  Doctrine is applicable in this
to bring about the effect but his jurisdiction.
negligence occurs simultaneously with  Even if plaintiff was guilty of
the defendant; the latter’s negligence is antecedent negligence, the defendant is
equally sufficient but not necessary to still liable because he had the last clear
bring about the effect because damage chance of avoiding the injury.
would still have resulted due to the
negligence of the plaintiff. 2. Minority View
 Plaintiff’s negligence is not merely  The historical function of the
contributory because it is a concurring doctrine was to mitigate the harshness of
proximate cause. the common law rule of contributory
 No recovery can be had. (Aquino, negligence which prevented any recovery
Torts and Damages) at all by the plaintiff who was also
negligent even if his negligence was
C. Part of the same causal set relatively minor as compared with the
 Neither plaintiff’s negligence nor wrongful act or omission of the
defendant.
defendant’s negligence alone is
sufficient to cause the injury; the effect  The doctrine has no role in this
would result only if both are present jurisdiction where common law concept
together with normal background of contributory negligence has itself
conditions. been rejected in Article 2179 of the Civil
Code.
CIVIL LAW COMMITTEE

 Elements:
3. Third View
 There can be no conflict between a. Legal right or duty;
the doctrine of last clear chance and b. The right or duty is exercised in
doctrine of comparative negligence if bad faith; and
the former is viewed as a rule or phrase c. For the sole intent of prejudicing
of proximate cause; or injuring another.
 However, the doctrine of last clear  EXAMPLE: If the principal
chance is no longer applicable if the unreasonably terminated an agency
force created by the plaintiff’s agreement for selfish reasons.
negligence continues until the happening (Valenzuela vs. CA, 190 SCRA 1)
of the injurious event. NOTE: This rule is a departure from the
traditional view that a person is not
Cases when the doctrine was held liable for damages resulting from the
inapplicable (PICCA) exercise of ones right.
1. If the plaintiff was not negligent.
2. The party charged is required to act
instantaneously, and if the injury cannot 2. Article 20 of the Civil Code
be avoided by the application of all the
means at hand after the peril is or should
have been discovered.  Speaks of the general sanction for all
3. If defendant’s negligence is a other provisions of law which do not
concurrent cause and which was still in especially provide for their own
operation up to the time the injury was sanction.
inflicted.
4. Where the plaintiff, a passenger, NOTE: Article 20 does not distinguish;
filed an action against a carrier based on the act may be done willfully or
contract. negligently.
5. If the actor, though negligent, was
not aware of the danger or risk brought
about by the prior fraud or negligent act. 3. Acts contra bonus mores (Article 21
Civil Code)
B. INTENTIONAL TORTS  Elements:

 Include conduct where the actor
desires to cause the consequences of his a. Act which is legal;
act or believes that the consequences b. The act is contrary to morals, good
are substantially certain to result from customs, public order or public policy;
it. and
c. The act is done with intent to injure.
NOTE: Damages are recoverable even if
no positive law was violated.
 They are found in Chapter 2 of the
Preliminary Title of the NCC entitled  Kinds:
“Human Relations”. Although this
chapter covers negligent acts, the torts a. Breach of promise to marry
mentioned herein are mostly intentional
in nature or torts involving malice or bad
þGENERAL RULE: Breach of promise to
faith.
marry by itself is not actionable.
þEXCEPTION: In cases where there is
another act independent of the breach
HUMAN RELATIONS of promise to marry which gives rise to
liability:
1. Principle of Abuse of Rights
(ART.19)
CIVIL LAW COMMITTEE

1. Cases where there was financial under the RPC as rape, acts of
damage. lasciviousness and seduction.
2. Social humiliation caused to one of
the parties.
3. Where there was moral seduction. d. Desertion by a spouse
NOTES:  A spouse has a legal obligation to live

with his/her spouse.
 Moral seduction, although not
punishable, connotes the idea of deceit,  If a spouse does not perform his/her
enticement, superior power or abuse of duty to the other, he may be liable for
confidence on the part of the seducer to damages for such omission because the
which the woman has yielded. (Gashem same is contrary to law, morals, good
Shokat Baksh vs. CA) customs and public policy.
 Sexual intercourse is not by itself a e. Trespass and Deprivation of

basis for recovery; damages could only Property
be awarded if the sexual intercourse is
not a product of voluntariness or mutual
desire.
 2 KINDS:
1) Trespass to and/or
deprivation of real property
b. Seduction without breach of
promise to marry  Liability for damages under
the RPC and Article 451 of the Civil
Code requires intent or bad faith.
 Seduction, by itself, is also an act
contrary to morals, good customs and
public policy.  Article 448 of the Civil Code
in relation to Article 456 does not
permit action for damages where the
 The defendant is liable if he builder, planter, or sower acted in
employed deceit, enticement, superior good faith. The landowner is limited
power or abuse of confidence in to the options given to him under
successfully having sexual intercourse article 448, that is to appropriate
with another even if he satisfied his lust whatever is built or planted or to
without promising to marry the offended compel the builder or planter to
party. purchase the portion encroached
upon. (Aquino, Torts and Damages)
 It may not even matter that the
plaintiff and the defendant are of the  A builder in good faith who
same gender. acted negligently may be held liable
under Art. 2176 NCC.
2) Trespass to or deprivation of
personal property
c. Sexual assault
 In the field of tort, trespass
 Defendant is liable for all forms of extends to all cases where a person
sexual assault including crimes defined is deprived of his personal property
CIVIL LAW COMMITTEE

even in the absence of criminal

liability.
g. Illegal Dismissal
NOTE: It may cover cases where the
defendant was deprived of personal  The right of the employer to dismiss
property for the purpose of obtaining an employee should not be confused with
possession of real property the manner in which the right is
exercised and the effects flowing
 EXAMPLE: The defendant therefrom;
who was landlord, was held liable
because he deprived the plaintiffs,  If the dismissal was done anti-
his tenants, of water in order to socially and oppressively, the employer
force them to vacate the lot they should be deemed to have violated
were cultivating. (Magbanua vs. IAC Article 1701 of the Civil Code (which
137 SCRA 352) prohibits acts of oppression by either
capital or labor against the other) and
3) Disconnection of electricity Article 21 NCC.
or gas service
 An employer may be held liable for
 The right to damages if the manner of dismissing is
disconnect and deprive the contrary to morals good customs and
customer, who unreasonably fails to public policy.
pay his bills, of electricity should be
exercised in accordance with the law
 EXAMPLE: False imputation of
and rules.
misdeed to justify dismissal or any
similar manner of dismissal which is done
 Example: If a abusively.
company disconnects the electricity
service without prior notice as
required by the rules, the company
commits a tort under Article 21 NCC.
h. Malicious Prosecution
 An action for damages brought by

one against another whom a criminal
f. Abortion and Wrongful Death
prosecution, civil suit, or other legal
proceeding has been instituted
 Damages may be recovered by both maliciously and without probable cause,
spouses if: after the termination of such
prosecution, suit or proceeding in favor
1) the abortion was caused of the defendant therein.
through the physician’s negligence, or
 The gist of the action is putting legal
2) was done intentionally process in force regularly, for mere
without their consent purpose of vexation or injury. (Drilon vs.
CA [1997])
 Husband of a woman who voluntarily
procured her abortion may recover
damages from the physician who caused
the same on account of distress and  Elements:
mental anguish attendant to the loss of
the unborn child and the disappointment
1. The fact of the prosecution and
of his parental expectation. (Geluz vs.
the further fact that the defendant was
CA 2SCRA802)
CIVIL LAW COMMITTEE

himself the prosecutor; and that the  Under Article 21, damages are
action was finally terminated with an recoverable even though no positive law
acquittal; was violated.
 An action can only prosper when
2. That in bringing the action, the damage, material or otherwise, was
prosecutor acted without probable suffered by the plaintiff. An action
cause; based on Articles 19-21 will be dismissed
if the plaintiff merely seeks
3. The prosecutor was actuated or “recognition”.
impelled by legal malice.  Under Articles 19 and 21, the
defendant may likewise be guilty of a
tort even if he acted in good faith.
NOTES: (Grand Union Supermarket vs. Espino)
TORTS AGAINST HUMAN DIGNITY

 Malice is the inexcusable intent to TYPES:
injure, oppress, vex, annoy or humiliate.
1. Violation of the right of privacy
 Presence of probable cause signifies  Reasonableness of a person’s
absence of malice. expectation of privacy depends on a
two-part test:
 Absence of malice signifies good a) Whether by his conduct, the
faith on the part of the defendant; good individual has exhibited an
faith may even be based on mistake of expectation of privacy.
law. b) Whether this expectation is one
that the society recognizes as
 Acquittal presupposes that a criminal reasonable.
information is filed in court and final
judgment rendered dismissing the case; NOTES:
nevertheless, prior acquittal may include þGENERAL RULE: Right to privacy can be
dismissal by the prosecutor after invoked only by natural persons;
preliminary investigation. (Globe Mackay Juridical persons cannot invoke such
and Radio Corp. vs. CA; Manila Gas Corp right because the entire basis of right to
vs. CA) privacy is an injury to the feelings and
sensibilities of a party, a corporation
would have no such ground.
þEXCEPTION: Right against unreasonable
searches and seizure can be invoked by a
i. Public Humiliation juridical entity.
 Damages may be awarded in cases þGENERAL RULE: Right to privacy is

where the plaintiff suffered humiliation purely personal in nature, hence:
through the positive acts of the 1) It can be invoked only by the
defendant directed against the plaintiff. person whose privacy is claimed to have
been violated.
2) It can be subject to waiver of the
 Example: The defendant was held person whose privacy is sought to be
liable for damages under Art. 21 for
intruded into.
slapping the plaintiff in public. (Patricio
3) The right ceases upon the death of
vs. Hon. Oscar Leviste, [1989])
the person.
þEXCEPTION: A privilege may be given to
the surviving relatives of a deceased
NOTES: person to protect his memory but the
privilege exist for the benefit of the
living, to protect their feelings and to
prevent the violation of their own rights
CIVIL LAW COMMITTEE

in the character and memory of the 2. In cases where the misconduct of

deceased. the student involves his status as a
 Standard to be student or affects the good name
applied in determining if there was a and reputation of the school.
violation of the right is that of a person
with ordinary sensibilities. It is relative b. Publicat
to the customs of time and place and is ion of Embarrassing Private Facts
determined by the norm of an ordinary  Requisites:
person. 1. Publicity is given to any private
or purely personal information about
Four Types of Invasion of Privacy a person;
a. Intrusio 2. Without the latter’s consent; and
n upon plaintiff’s seclusion or solitude 3. Regardless of whether or not
or into his private affairs such publicity constitutes a criminal
 It is not limited to cases where offense, like libel or defamation, the
the defendant physically trespassed into circumstance that the publication
another’s property. It includes cases was made with intent of gain or for
when the defendant invades one’s commercial and business purposes
privacy by looking from outside invariably serves to aggravate the
(Example: “peeping-tom”). violation of the right.
þGENERAL RULE: There is no invasion of
right to privacy when a journalist records  PUBLIC FIGURE - A
photographs or writes about something person, who by his accomplishments,
that occurs in public places. fame or mode of living or by adopting a
þEXCEPTION: When the acts of the profession or calling which gives the
journalist should be to such extent that public a legitimate interest in his doings,
it constitutes harassment or overzealous his affairs and his character.
shadowing.
The freedom of the press has never NOTE: Public figures, most especially
been construed to accord newsmen those holding responsible positions in
immunity from tort or crimes committed government enjoy a more limited right
during the course of the newsgathering. to privacy compared to ordinary
 There is no intrusion when an individuals.
employer investigates an employee or  The interest sought to be
when the school investigates its student. protected is the right to be free from
 RA 4200 makes it illegal for any unwarranted publicity, from the
person not authorized by all the parties wrongful publicizing of the private
to any private communication to secretly affairs and activities of an individual
record such communication by means of which are outside the realm of
a tape recorder (Ramirez vs CA, Sept. legitimate public concern.
28, 1995)  The publication of facts
 Use of a telephone extension for derived from the records of official
purposes of overhearing a private proceedings which are not otherwise
conversation without authorization does declared by law as confidential,
not violate RA 4200. cannot be considered a tortious
NOTE: There are instances where the conduct.
school might be called upon to exercise
its power over its student for acts c. Publicit
committed outside the school premises y which places a person in a false
and beyond school hours in the light in the public eye
following:  The interest to be protected in
1. In cases of violation of school this tort is the interest of the
policies or regulations occurring in individual in not being made to
connection with school sponsored appear before the public in an
activity off-campus; or objectionable false light or false
position.
CIVIL LAW COMMITTEE

EXAMPLE: Defendant was held liable  The gist of the tort is an interference
for damages when he published an with one spouse’s mental attitude
unauthorized biography of a famous toward the other and the conjugal
baseball player exaggerating his kindness of marital relations
feats on the baseball field, resulting in some actual conduct
portraying him as a war hero. (Spahn which materially affects it.
vs. Messner)  It extends to all cases of wrongful
 If the publicity given to the interference in the family affairs of
plaintiff is defamatory, hence an others whereby one spouse is
action for libel is also warranted; the induced to leave the other spouse or
action for invasion of privacy will conduct himself or herself that the
afford an alternative remedy. comfort of married life is destroyed.
 May be committed by the media  If the interference is by the parents
by distorting a news report. of the spouse, malice must be
proven.
Tort of Putting Defamation
Another in False 3. Intriguing to Cause Alienation
Light
1. As to gravamen of claim 4. Vexation and Humiliation
The gravamen of The gravamen of  Discrimination against a person on
claim is not the claim is the reputa- account of his physical defect, which
reputational harm tional harm causes emotional distress, may result
but rather the in liability on the part of the
embarrassment of a
offending party.
person being made
into some-thing he is  Sexual Harassment falls under this
not category.
2. As to publication - a civil action separate and distinct from
The statement should Publication is the criminal action may be
be actually made in satisfied if a letter is commenced under RA 7877.
public sent to a third person - 2 types of Sexual harassment:
3. As to the defamatory character of the a) quid pro quo cases
statements b) hostile environment cases
Defendant may still What is published
be held liable even if lowers the esteem in TORTS WITH INDEPENDENT CIVIL
the statements tells which the plaintiff is
ACTIONS
something good held
about the plaintiff 1. Violation of civil and political rights
(Article 32)
d. Commer  Although the same normally involves
cial appropriation of likeness intentional acts, it can also be
 The unwarranted publication of a committed through negligence.
person’s name or the unauthorized  Public officer who is a defendant
use of his photograph or likeness for cannot escape liability under the
commercial purposes is an invasion doctrine of state immunity; the said
of privacy. doctrine applies only if acts involved
 With respect to celebrities, are done by officers in the
however, the right of publicity is performance of their official duty
often treated as a separate right within the ambit of their powers;
that overlaps but is distinct from the officers do not act within the ambit
right of privacy. They treat their of their powers if they violate the
names and likeness as property and constitutional rights of persons.
they want to control and profit
therefrom. 2. Defamation, Fraud, and Physical
injuries (Article 33)
2. Interference with Family and other A. Defamation
relations  Defamation is an invasion of the
interest in reputation and good
CIVIL LAW COMMITTEE

name, by communication to others of any other act performed by

which tends to diminish the esteem public officers in the exercise of
in which the plaintiff is held, or to their functions.
excite adverse feelings or opinion
against him.
 Includes the crime of libel and  It is not sufficient that the
slander. offended party recognized himself as
 RPC considers the statement the person attacked or defamed, it
defamatory if it is an imputation of must be shown that at least a third
circumstance tending to cause the person could identify him as the
dishonor, discredit or contempt of object of the libelous publication.
natural or juridical person or to  In order to escape liability, the
blacken the memory of one who is defendant may claim that the
dead. statements made are privileged.
 Requisites for one to be liable
for defamatory imputations: Two kinds of privileged
a. It must be defamatory communication:
b. It must be malicious 1) Absolutely privilege – Those
c. It must be given publicity which are not actionable even if
d. The victim must be the author acted in bad faith.
identifiable 2) Qualifiedly privilege – not
actionable unless found to have
NOTES: been made without good
 Test in determining the intention or justifiable motive.
defamatory character of the
imputation: A charge is sufficient if B. Fraud
the words are calculated to induce the  Elements of deceit
hearers to suppose and understand 1)The defendant must have made
that the person/s against whom they false representation to the
were uttered were guilty of a certain plaintiff
offense, or are sufficient to impeach 2)The representation must be one
their honesty, virtue, or reputation, or of fact
to hold the person/s up to public 3)The defendant must know that
ridicule. the representation is false or be
reckless about whether it is false
 Dissemination to a number of
4)The defendant must have acted
persons is not required,
on the false representation
communication to a single individual
5)The defendant must have
is sufficient publication.
intended that the false
þGENERAL RULE: Every defamatory
representation should be acted
imputation is presumed to be
on
malicious, even if it be true, if no
6)The plaintiff must have suffered
good intention or justifiable motive
damage as a result of acting on
for making it is shown.
the false representation
þEXCEPTIONS:
 Half-truths are
1. A private communication
likewise included; it is actionable if
made by any person to another
the withholding of that which is not
in the performance of any legal,
stated makes that which is stated
moral or social duty; and
absolutely false.
2. A fair and true report, made
 Misrepresentati
in good faith, without any
on upon a mere matter of opinion is
comments or remarks, of any
not an actionable deceit.
judicial, legislative or other
official proceedings which are
C. Physical injuries
not of confidential nature, or of
 Battery – an intentional infliction
any statement, report, or speech
of a harmful or offensive bodily
delivered in said proceedings or
CIVIL LAW COMMITTEE

contact; bodily contact is offensive if 2. Exempting Circumstances

it offends a reasonable person’s  They do not erase the civil
sense of dignity. liability.
 Assault – intentional conduct by 3. Mitigating and Aggravating
one person directed at another Circumstances
which places the latter in  Damages to be adjudicated
apprehension of immediate bodily may either be decreased or
harm or offensive act. increased depending on the presence
 Includes bodily injuries causing of mitigating or aggravating
death. circumstances.
 Physical injuries which resulted
because of negligence or imprudence Effect of Death
is not included in Article 33; they are A. DEATH AFTER FINAL JUDGMENT:
already covered by Article 2176 of extinguishes criminal liability of the
the Civil Code. person liable but will not extinguish
the civil liability.
3. Neglect of duty by police officers
(Article 34) B. DEATH BEFORE FINAL JUDGMENT:
 Subsidiary liability of cities and þGENERAL RULE: The defendant is
municipalities, is imposed so that relieved from both criminal and civil
they will exercise great care in liability arising from criminal
selecting conscientious and duly liability.
qualified policemen and exercise þEXCEPTION: In case of libel and
supervision over them in the physical injuries wherein the
performance of their duties. plaintiff initially opted to claim
damages in the criminal proceeding
CIVIL LIABILITY ARISING FROM DELICT can file another case under Article
 Every person criminally liable for a 33 of the Civil Code.
felony is also civilly liable. (Article
100 RPC) Effect of Pardon
 The reason is because a crime has a  Pardon does not erase civil liability.
dual character: as an offense against  While pardon removes the existence
the State and against the private of guilt so that in the eyes of the law the
person injured by it. offender is deemed innocent and treated
 Dual character of crimes applies to as though he never committed the
cases governed by special laws. offence, it does not operate to remove
Example: violation of the BP 22 all the effects of the previous conviction.
results in criminal and civil liability.
 There is civil liability even if the DEFENDANTS IN TORT CASES
offense is a public offense, like in
bigamy. Concurrent Negligence or Acts
 Persons liable are the principal, 1. Joint Tort-feasors
accomplice and accessories.  All the persons who
 It includes restitution, reparation of command, instigate, promote,
damages and indemnification of encourage, advice, countenance,
consequential damages. cooperate in, aid, or abet the
 The rule on proximate cause in commission of a tort, or who approve of
quasi-delict cases is applicable to it after it is done, if done for their
cases involving civil liability arising benefit; they are each liable as a
from delict. Art. 2202, NCC principal, to the same extent and in the
same manner as if they have performed
Circumstances affecting Civil Liability the wrongful act themselves.
1. Justifying circumstances  The responsibility of two or more
 Defendant is free from civil persons liable for quasi-delict is solidary
liability if justifying circumstances (Article 2194 Civil Code); they are not
are properly establishes.
CIVIL LAW COMMITTEE

liable pro rata, they are jointly and

severally liable for the whole amount. Persons Vicariously Liable: (Article
2180 of the Civil Code)
2. Motor vehicle mishaps 1. The Father, or in case of death or
 The owner is solidarily liable with incapacity, mother
the driver, if the former, who was in the
vehicle, could have, by the use of due  For damage caused by:
diligence, prevented the misfortune.
a) minor children
 Solidary liability is imposed on the
owner not because of his imputed
liability but because his own omission is b) living in their company
a concurring proximate cause of the
injury.  This has already been modified by
Art. 221 of the Family Code to the extent
Vicarious Liability or Doctrine of that the alternative qualification of the
Imputed Negligence liability of the father and the mother has
 A person is not only liable for been removed.
torts committed by himself, but also for
torts committed by others with whom he
has a certain relation or for whom he is NOTES:
responsible. (Article 2180 Civil Code)
 Exercise of diligence of a good
father of a family to prevent damage is a  The basis of liability for the acts
defense. or omissions of their minor
children is the parental authority
 Doctrine of Respondeat Superior – that they exercise over them,
the liability is strictly imputed, the except for children 18 to 21.
employer is liable not because of his act  The same foreseability test of
or omission but because of the act or negligence should apply to
omission of the employee; employer parents when they are sought to
cannot escape liability by claiming that be held liable under Art. 2180,
he exercised due diligence in the NCC
selection or supervision of the employee.
þGENERAL RULE: Vicarious liability in  The liability is not limited to
the Philippines is not governed by the parents, the same is also
doctrine of respondeat superior; imposed on those exercising
employers or parents are made liable not substitute and special parental
only because of the negligent or authority, i.e., guardian.
wrongful act of the person for whom
they are responsible but also because of
their own negligence:
 The liability is present only both
under Art 2180 of the NCC and
1) Liability is imposed on the
Art 221 of the Family Code if the
employer because he failed to
child is living in his parents’
exercise due diligence in the
company.
selection or supervision of the
employee
2) Parents are made liable because  Parental authority is not the sole
they failed to exercise due basis of liability. A teacher in
diligence charge is still liable for the acts
þEXCEPTION: Doctrine of respondeat of their students even if the
superior is applicable in: minor student reaches the age of
1) liability of employers under majority.
Article 103 of the RPC
2) liability of a partnership for the  The parents or guardians can still
tort committed by a partner be held liable even if the minor
CIVIL LAW COMMITTEE

is already emancipated provided injury while performing his assigned task

that he is below 21 years of age. or functions.
 The vicarious liability attaches only
 Parents and other persons when the tortuous conduct of the
exercising parental authority can employees relates to or is in the course
escape liability by proving that of his employment.
they observed all the diligence
of a good father of a family to  While the employer incurs no liability
prevent damages. (Art. 2180) when an employee’s conduct, act or
omission is beyond the range of
 The burden of proof rests on the employment, a minor deviation from the
parents and persons exercising assigned task of an employee, however
parental authority. does not affect the liability of an
employer. (Valenzuela vs. CA, 253 SCRA
303)
2. Guardians  It is a defense that the employer
 For damage caused by exercised proper diligence in the
a. minors or incapacitated persons selection and supervision of negligent
b. under their authority employee.
c. living in their company
5. State
3. Owners and managers of  For damage caused by:
establishments a) a special agent
 For damage caused by: b) not when the damage has been
a) their employees caused by the official to whom the
task done properly pertains
b) in the service of the branches in
 Public officers who are guilty of
tortuous conduct are personally liable for
which they are employed, or
their actions.
c) on the occasion of their
functions
6. Schools, Teachers and

4. Employers Administrators
 For damages cause by:  For damage caused by:
a) pupils and students or
a) employees and household apprentices
helpers b) in their custody
statutory basis:
b) acting within the scope of their  if student is minor – Art. 219, FC
assigned tasks  if student is no longer a minor –
Art. 2180, Civil Code
c) even if the employer is not
NOTES:
engaged in any business or
industry
 Applies also to teachers of
academic institutions.
NOTES:  Liability attaches to the teacher-
in-charge.
 Liability of the employer can be
established by proving the existence of  The school itself is now solidarily
an employer-employee relationship with liable with the teacher-in-
the actor and the latter caused the charge.
CIVIL LAW COMMITTEE

 The liability extends to acts theft within their houses from guests
committed even outside the lodging therein, or for payment of the
school so long as it is an official value thereof, provided that:
activity of the school. a. The innkeeper was notified in
advance of the deposit of such goods
within the inn; and
 Whenever the school or teacher
b. The guest shall have followed the
is being made liable, the parents
directions which such innkeeper or his
and those exercising substitute
representative may have given with
parental authority are not free
respect to the care and vigilance over
from liability because Art. 219 of
the goods.
the Family Code expressly
provides that they are
2. Partnership
subsidiarily liable.
 Partnership or every partner is liable
for torts committed by one of the
 Art. 2180 makes teachers and partners acting within the scope of the
heads liable for acts of students firm business, though they do not
and apprentices whether the participate in, ratify, or have knowledge
latter are minors or not. of such torts.
 Partners are liable as joint tort-
feasors.
þGENERAL RULE: The teacher-in-charge  Vicarious liability is similar to the
is liable for the acts of his students. The common law rule on respondeat
school and administrators are not liable. superior.
þEXCEPTION: It is only the head of the
school, not the teacher who is held liable
 Liability is entirely imputed and the
partnership cannot obviously invoke
where the injury is caused in a school of
diligence in the selection and supervision
arts and trade.
of the partner.
 The liability of the teacher
subsists whether the school is 3. Spouses
academic or non- academic. a. absolute community of property
 Liability is imposed only if the  The absolute community
pupil is already in the custody of property shall be for liabilities incurred
the teacher or head. The student by either spouses by reason of crime or
is in the custody of the school quasi-delict in case of absence or
authorities as longs as he is insufficiency of the exclusive property of
under the control and influence the debtor-spouse. (Article 94 Family
of the school and within its Code)
premises whether the semester
had not yet begun or has already
 Payments shall be considered
advances to be deducted from the share
ended.
of the debtor spouse upon liquidation of
 The the community.
victim of negligence is likewise b. conjugal partnership of gains
required to exercise due care in
avoiding injury to himself. þGENERAL RULE: Pecuniary indemni-ties
imposed upon the husband or wife are
Other Persons Vicariously Liable: not chargeable against the conjugal
1. Innkeepers and Hotelkeepers partnership but against the separate
 They are civilly liable for crimes properties of the wrongdoer.
committed in their establishments in þEXCEPTION: Conjugal partnership should
cases of violations of statutes by them, be made liable:
in default of persons criminally liable. 1) When the profits have inured to the
(Article 102 Revised Penal Code) benefit of the partnership, or
 They are subsidiarily liable for the 2) If one of the spouses committed the
restitution of goods taken by robbery or tort while performing a business or if the
CIVIL LAW COMMITTEE

act was supposed to benefit the

partnership. 3. Liability of employers
c. regime of separation of property
 Each spouse is responsible for  Article 1711 of the NCC imposes an
his/her separate obligation. obligation on owners of enterprises and
other employers to pay for the death or
injuries to their employees.
C. STRICT LIABILITY  Liability is strict because it exists
 When the person is made liable even if the cause is purely accidental.
independent of fault or negligence upon  If the mishap was due to the
submission of proof of certain facts employee’s own notorious negligence, or
specified by law. voluntary act or drunkenness, the
NOTE: Strict liability tort can be employer shall not be liable for
committed even if reasonable care was compensation.
exercised and regardless of the state of  When the employee’s lack of due
mind of the actor at that time. care contributed to his death or injury,
the compensation shall be equitably
TYPES: reduced.
 If the death or injury is due to the
1. Animals negligence of a fellow-workman the
latter and the employer shall be
þGENERAL RULE: The possessor of an solidarily liable for compensation.
animal or whoever may make use of the  If a fellow-worker’s intentional or
same is responsible for the damages malicious act is the only cause of the
which it may cause although it may death or injury, the employer shall not
escape or be lost. be answerable unless it should be shown
þEXCEPTION: When the damage was that the latter did not exercise due
caused by force majeure or by the diligence in the selection or supervision
person who suffered the damage. of the plaintiff’s fellow-worker.
4. Nuisance
NOTES:
 Any act, omission, establishment,
 If the acts of a third person cannot business, condition of property, or
be foreseen or prevented, then the anything else which:
situation is similar to that of force
majeure and the possessor is not liable. a. Injures or endangers the health or
(Francisco, Torts and Damages) safety of others;
 Art. 2183 is applicable whether the
animal is domestic, domesticated, or
b. Annoys or offends the senses;
wild.
c. Shocks, defies or disregards decency
or morality;
2. Falling objects
 The head of a family that lives in a
building or a part thereof is responsible d. Obstructs or interferes with the free
for damages caused by things thrown or passage of any public highway or street,
falling from the same. (Article 2193 Civil or any body of water; or
Code)
e. Hinders or impairs the user of
property. (Article 694 Civil Code)
 The term “head of the family” is not
limited to the owner of the building, and
it may even include the lessee thereof.  There is strict liability on the part of
(Dingcong vs. Kanaan, 72 Phil 14) the owner or possessor of the property
CIVIL LAW COMMITTEE

where a nuisance is found because he is Alternative theories on basis of liability

obliged to abate the same irrespective of 1. Fraud or misrepresentation
the presence or absence of fault or  Not all expression of opinion are
negligence. actionable misrepresentations if they are
established to be inaccurate.
 Every successive owner or possessor
of property who fails or refuses to abate 2. Warranties
a nuisance in that property started by a  The Consumer Act recognizes that
former owner or possessor is liable the provisions of the Civil Code on
therefore in the same manner as the one conditions and warranties shall govern all
who created it. (Article 686 Civil Code) contracts of sale with conditions and
warranties.
5. Product liability by manufacturers  Retailer shall be subsidiarily liable
 Manufacturers and processors of under the warranty in case of failure of
foodstuffs, drinks, toilet articles and both the manufacturer and distributor to
similar goods shall be liable for death or honor the warranty.
injuries caused by any noxious or harmful  Privity of contract is not necessary.
substances used, although no contractual
relation exists. (Article 2187 Civil Code) 3. Negligence
 In product liability law, certain
Other cases of liability without fault:
standards are already imposed by special
1. Proprietor of a building or structure,
laws, rules and regulations of proper
for damages resulting from its total or
government agencies; certain acts or
partial collapse, if it should be due to
omissions are expressly prohibited by the
lack of necessary repairs. .
statutes thereby making violation
2. Breach of implied warranties.
thereof negligence per se.
3. Consumer Act (R.A. 7394) – any
Filipino or foreign manufacturer,
 It is negligence per se if
producer and importer, independently of manufacturer manufactured products
fault shall be liable for redress for which do not comply with the safety
damages caused to consumers by defects standards promulgated by appropriate
resulting from: government agencies.
a. design;
b. manufacture; 4. Delict
c. construction;  The liability may be based on
d. assembly and erection; criminal negli-gence under the RPC or
e. formulas and handling and violation of any special law.
making up; or
f. presentation or packing of their 5. Strict liability
products as well as for the  Manufacturers and processors of
insufficient or inadequate foodstuffs, drinks, toilet articles, and
information on the use and hazards similar goods, shall be liable for death or
thereof. injuries caused by any noxious or harmful
4. Even when an act or event causing substances used although no contractual
damage to another’s property was not relation exists. (Article 2187 Civil Code)
due to the fault or negligence of the
defendant, the latter shall be liable for  Privity of contract is not required.
indemnity if through the act or event he  It does not preclude an action based
was benefited. (Art. 23 Civil Code) on negligence (quasi-delict) for the same
act of using noxious or harmful
substances.
PRODUCT AND SERVICE LIABILITY
CIVIL LAW COMMITTEE

 Article 97 and 99 of the Consumer  Malice is not essential.

Act imposes liability on defective  Elements of privilege to interfere
products and services upon 1)The defendant’s purpose is a
manufacturers independent of fault. justifiable one, and
 Knowledge of the manufacturer is 2)The actors employ no means of
not important; the focus is on the fraud or deception which are
condition of the product and not on the regarded as unfair.
conduct of the manufacturer or seller.  Extent of Liability:
A. Rule in Daywalt vs. La Corporation
 DEFENSES: 39PHIL587
A. The manufacturer, builder,  Defendant
producer, or importer shall not be liable cannot be held liable for more than
when it evidences: the amount for which the
1) That it did not place the contracting party who was induced
product on the market to break the contract can be held
2) That although it did liable.
place the product on the market B. Rule under Article 2201 and 2202
such product had no defect Civil Code
3) That the consumer of 1) If
third party is solely at fault. (Article in bad faith: defendant is liable for
97 Consumer Act) all natural and probable
B. The supplier of the services shall not consequences of his act or omission,
be held liable when it is proven: whether the same is forseen or
1) That there is no defect in the unforeseen.
service rendered 2) If
2) That the consumer of third party in good faith: defandant is liable
is solely at fault. (Article 99 Consumer only for consequences that can be
Act) foreseen.
 Requisites: The plaintiff should 2. Interference with prospective

allege and prove that: advantage
1) The product was defective;  It is a tort committed when there is
2) The product was manufactured no contract yet and the defendant is only
by the defendant; being sued for inducing another not to
3) The defective product was the enter into a contract.
cause of his injury.
 4 KINDS OF DEFECTIVE PRODUCTS 3. Unfair competition.
1. manufacturing defect  Unfair Competition in agricultural,
2. design defect commercial, or industrial enterprises, or
3. presentation defect in labor, through the use of force,
4. absence of appropriate warning intimidation , deceit, machination or any
unjust or oppressive or highhanded
BUSINESS TORTS method shall give rise to a right of action
1. Interference of contracts by a person who thereby suffers damage.
 Elements: (Article 27 Civil Code)
a. existence of a valid contract  CASES INCLUDED:
b. knowledge on the part of the third a. passing off and disparagement of
person of the existence of the contract products
c. interference of the third person b. interference
without legal justification. c. misappropriation
 The existence of a contract is d. monopolies and predatory pricing
necessary and the breach must occur
because of the alleged act of 4. Securities Related Torts
interference; No action can be  Kinds
maintained if the contract is void. a. Fraudulent Transactions
CIVIL LAW COMMITTEE

b. Misstatements or Omission of Injury Damage Damages

statement of a material fact Legal Loss, hurt The recom-
required to be stated invasion of or harm pense or
 Defendants are free from liability if a legal which compensation
right results awarded for
they can prove that at the time of the
from the the damage
acquisition the plaintiff knew of the injury suffered
untrue statement or if he was aware of
the falsity.
 Extent of Damages: Not exceeding NOTES:
triple the amount of the transaction.  A complaint for damages is a
 Prescriptive Period: Action must be personal action. (Baritua vs. CA, 267
brought within 2 years after discovery of SCRA 331)
facts constituting the cause of action and  Proof of pecuniary loss is necessary
within 5 yrs after such cause of action to successfully recover actual
accrued. damages from the defendant. No
proof of pecuniary loss is necessary
II. DAMAGES in case of moral, nominal,
temperate, liquidated or exemplary
DAMAGE damages.
 The detriment, injury or loss which  The assessment of such damages,
are occasioned by reason of fault of except liquidated ones, is left to the
another in the property or person. discretion of the court according to
the circumstances of each case.
DAMAGES
 The pecuniary compensation, Kinds of damages (MANTLE)
recompense or satisfaction for an injury 1. Actual or Compensatory
sustained or as otherwise expressed, the 2. Moral
pecuniary consequences which the law 3. Nominal
imposes for the breach of some duty or 4. Temperate or moderate
violation of some rights. 5. Liquidated
6. Exemplary or corrective
DAMNUM ABSQUE INJURIA (Damage
Without Injury) A. ACTUAL OR COMPENSATORY
DAMAGES
 A person may have suffered physical  Comprehends not only the value of
the loss suffered but also that of the
hurt or injury, but for as long as no legal
profits which the obligee failed to
injury or wrong has been done, there is
obtain.
no liability.
 Classification:
1. Dano emergente – loss of what a
person already possesses
2. Lucro cessante – failure to
 There is no liability even if there is receive as a benefit that would
damage because there was no injury. have pertained to him
NOTE: The latter type includes:
1. Loss or impairment of
 There can be damage without injury. earning capacity in cases of
temporary or permanent
 In order that a plaintiff may maintain personal injury.
an action for the injuries of which he 2. Injury to the plaintiff’s
complains, he must establish that such business standing or commercial
injuries resulted from a breach of duty credit.
which the defendant owed to the
plaintiff.  In crimes and quasi-delict, the
defendant shall be liable for all
CIVIL LAW COMMITTEE

damages which are the natural and  Award of interest in the concept of
probable consequences of the act actual and compensatory damages
and omission complained of. It is not actual damages.
necessary that such damages have  The rate of interest, as well as the
been foreseen or could have accrual thereof is imposed as
reasonably foreseen by the follows:
defendant. (Article 2202 Civil Code) 1. When the obligation is breached
 The amount should be that which and it consist of payment of sum
would put plaintiff in the same of money, i.e., a loan or
position as he would have been if he forbearance of money:
had not sustained the wrong for a. The interest due should be
which he is now getting his that which may have been
compensation or reparation. stipulated in writing;
 To recover damages, the amount of furthermore, the interest
loss must not only be capable of due shall itself earn legal
proof but must actually be proven. interest from the time it is
 Uncertainty as to the precise amount judicially demanded.
is not necessarily fatal. b. In the absence of stipulation,
the rate of interest shall be
LOSS OF EARNING CAPACITY: 12% per annum to be
 Variables considered are: computed from default, i.e.,
1. life expectancy from judicial or extra-
2. net income/earnings judicial demand under and
subject to the provisions of
Formula: Article 1169 of the Civil
{2/3 x (80–age of death)} x mo. Earnings x 12 Code.
2 2. When the obligation, not
NOTE: constituting a loan or
 Life expectancy is computed as forbearance or money, is
follows: breached:
{ 2/3 x (80-age at death) }  An interest on the amount of
 Net earnings is the total of the damages to be awarded may
earnings less expenses necessary for be imposed at the discretion
the creation of such earnings and of the court at the rate of 6%
less living or other incidental per annum.
expenses.  No interest shall be adjudged
on unliquidated claims or
Loss of profits damages, except when or
until demand can be
 May be determined by considering established with reasonable
the average profit for the preceding
certainty.
years multiplied by the number of
 Where the demand is
years during which the business was
established with reasonable
affected by the wrongful act or
certainty, the interest shall
breach.
begin to run from the time
the claim is made judicially
Attorney’s fees
or extrajudicially.
 They are actual damages. It is due to 3. When the judgment of the court
the plaintiff and not to the counsel. awarding the sum of money
 Plaintiff must allege the basis of his becomes final and executory, the
claim for attorney’s fees in the rate of legal interest shall be 12%
complaint; the basis should be one of per annum from such finality
the 11 cases specified in Article 2208 until its satisfaction.
of the Civil Code.
Doctrine of Avoidable Consequences
Interests
CIVIL LAW COMMITTEE

 A party cannot recover damages experience physical suffering and mental

flowing from consequences which anguish which can be experienced only
the party could reasonably have by one having a nervous system.
avoided.
 It has a reasonable corollary: a
person who reasonably attempts to
minimize his damages can recover
the expenses that he incurred.
Doctrine of C. NOMINAL DAMAGES

Contributory  Nominal damages are adjudicated in
Avoidable
Negligence order that a right of the plaintiff,
Consequences
Acts of the Plaintiff’s act or which has been violated or invaded
plaintiff occur omission occurs by the defendant, may be vindicated
after the act or before or at the or recognized, and not for the
omission of the time of the act or purpose of indemnifying the plaintiff
defendant omission of the for any loss suffered by him.
defendant (Article2221 Civil Code)
 Small sums fixed by the court
without regard to the extent of the
B. MORAL DAMAGES harm done to the injured party.
 Includes physical suffering, mental  Law presumes damage although
anguish, fright, serious anxiety, actual or compensatory damages are
besmirched reputation, wounded not proven.
feelings, moral shock, social  They are damages in name only and
humiliation, and similar injury. are allowed simply in recognition of
 No proof of pecuniary loss is a technical injury based on a
necessary. violation of a legal right.
þGENERAL RULE: The plaintiff must  Nominal damages cannot co-exist
allege and prove: with actual or compensatory
1. The factual basis for moral damages.
damages; and
2. Its causal relation to the D. TEMPERATE OR
defendant’s act MODERATE DAMAGES
þEXCEPTION: Moral damages may be  These are damages, which are more
awarded to the victim in criminal than nominal but less than
proceedings without the need for compensatory, and may be
pleading of proof of the basis thereof. recovered when the court finds that
some pecuniary loss has been
Requisites for award of moral damages: suffered but its amount cannot be
1. There must be an injury whether proved with certainty. (Article 2224
physical, mental or psychological, Civil Code)
clearly sustained by the claimant;  In cases where the resulting injury
2. There must be a culpable act or might be continuing and possible
omission.; future complications directly arising
3. Such act or omission is the proximate from the injury, while certain to
cause of the injury; occur are difficult to predict,
4. The damages is predicated on the temperate damages can and should
cases cited in Art.2219. be awarded on top of actual or
compensatory damages; in such
NOTE: The award of moral damages cases there is no incompatibility
cannot be granted in favor of a between actual and temperate
corporation because, being an artificial damages.
person, it has no feelings, no emotions,
no senses. It cannot therefore E. LIQUIDATED DAMAGES
CIVIL LAW COMMITTEE

 Those agreed upon by the parties in

a contract, to be paid in case of
breach thereof.
F. EXEMPLARY OR CORRECTIVE
DAMAGES
 Imposed by way of example or

correction for the public good, in
addition to the moral, temperate,
liquidated or compensatory damages.
 Requisites for the award of

exemplary damages:
1. They are imposed by way of example
in addition to compensatory damages
and Imposed only after the claimants
right to them has been established;
2. They cannot be recovered as a
matter of right, their determination
depending upon the amount of
compensatory damages that may be
awarded;
3. The act must be accompanied by bad
faith or done in wanton, fraudulent,
oppressive or malevolent manner.
CIVIL LAW COMMITTEE


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San Beda College of Law 215

MEMORY AID IN CIVIL LAW