WEEK 1: made by the Presidential or Senate

Meaning of Law and the Electoral Tribunal or House of

Representatives Tribunal
Inherent Powers of the State
- Doctrine of STARE DECISIS: once a
➔ What is law as defined by St. Thomas case has been decided one way, then
Aquinas? another case involving exactly the
“An ordinance of reason promulgated by same question or point of law should
competent authority for the sake of be decided in the same manner.
common good.” 4. For Muslim Law (Shari’a):
➔ Define law (Sanchez Roman). ○ Quran, Sunnaqh, Ijma, Qiyas

“Law is a rule of conduct, just, obligatory, 5. Administrative or Executive Orders,

laid down by legitimate authority for the Regulations, and Rulings
common observance and benefit.” - Issued by admin officials under
legislative authority;
○ “Salus populi est suprema lex” – The - Clarify or explain the law and carry
welfare of the people is the supreme law. into effect its general provisions.
6. Custom
➔ What are the sources of law?
- Habits and practices through long
1. Constitution and uninterrupted usage have
- Fundamental law; supreme law; become acknowledged and
highest law of the land approved by society as binding
rules of conduct.
2. Statutes or Statutory Law- Written 7. Other sources
enactment of the will of the legislative - Principles of justice and equity,
branch of the government rendered decisions of foreign tribunals,
authentic by certain prescribed forms or opinions of text writers, religion;
solemnities are more also known as - Only supplementary and not
enactment of the Congress. binding on the courts.
- Constitution and legislative enactments
- Includes constitutions, treaties, statutes ➔ Discuss the hierarchy of laws. (Article
proper or legislative enactments, 7, Republic Act No. 386 or the Civil
executive/presidential issuances, Code of the Philippines)
municipal charters, municipal
“Laws are repealed only by subsequent
legislations, court rules, administrative
ones, and their violation or
rules and orders, legislative rules and
non-observance shall not be excused by
issuances of government agencies
disuse, or custom or practice to the
including government-controlled
contrary.
corporations.
When the courts declare a law to be
3. Jurisprudence/Case Law or court
inconsistent with the Constitution, the
decisions- are cases decided or written
former shall be void and the latter shall
opinion by courts and by persons
govern.
performing judicial functions.
- All rulings in administrative and Administrative or executive acts, orders
legislative tribunals such as decisions and regulations shall be valid only when
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 they are not contrary to the laws or the ○ ENACTING CLAUSE- The enacting
Constitution.” clause declares the source of promulgation
and is usually stated as follows:

“Be enacted by the Senate and House of

Representatives in Congress assembled.”

○ BODY- The body of the bill contains the

provisions of the law.

○ PROVISOS- A proviso provides for a

qualification to the operation of a
1. Constitution- fundamental law of the land particular provision of law. Such as before
2. Republic Acts- enacted by congress a certain provision may apply the proviso
3. Ordinances- passed by local government attached to it must first be complied with.
units
○ INTERPRETATIVE CLAUSE- That
➔ What are the parts of a law? part of the statute where the legislature
defines its own language or prescribes
1. Title;
rules for its construction.
2. Preamble;
3. Enacting Clause; ○ REPEALING CLAUSE- That part of the
4. Body; statute that announces the legislative intent
5. Exceptions and Provisos; to terminate or revoke another statute or
6. Interpretative, repealing, separability statutes.
and saving clauses;
7. Date of effectivity; ○ SAVING CLAUSE- This restricts a
8. Date of Effectivity; repealing act and preserves existing
powers, rights, and pending proceedings
○ TITLE- The title provides for the general from the effects of the repeal.
subject matter of the legislative measure. It
informs the public as well as the legislator ○ SEPARABILITY CLAUSE- In the event
and any other interested party of the that a part of a statute is judicially declared
contents, purpose and area or subject being unconstitutional, the separability clause
legislated upon. provides that other portions of the statute
not affected thereby are still in force and
- Sec. 26(1) Article VI of the New effect.
Constitution: “Every bill passed by
the Congress shall embrace only ○ DATE OF EFFECTIVITY- This part of
one subject which shall be the bill provides for the date when the law
expressed in the title thereof. will take into effect. Effectivity dates
depend on the nature and type of law
○ PREAMBLE- It is that part of the statue enacted. Simple laws usually take effect
following the title and preceding the after fifteen (15) days after its complete
enacting clause, which states the reasons publication in the Official Gazette or in a
for, or the objects of enactment. newspaper of general circulation pursuant
to the Civil Code.

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Tañada v. Tuvera: All laws, including those of property as may promote public health,
local application and private laws, shall be public morals, public safety, and the
published first and this requirement shall be a general welfare and convenience of the
condition for their effectivity. people.
○ It consists of (1) imposition or restraint
Reason: Lack of publication is a violation of the upon liberty or property, (2) in order to
due process clause of the constitution. foster the common good.
○ SUNSET CLAUSE ○ sic utere tuo ut alienum non laedas- “so
use your own as not to injure another’s
➔ The Principle of the Rule of Law property”
“No one should be above the law.” ➔ What is eminent domain?

By this principle, which is also known and ○ The right or power of the State or of those
has the same import as the “rule of law,” is to whom the power has been lawfully
meant that no man in this country is above or delegated to take (or expropriate) private
beyond the law. Every man, however high property for public use upon paying to the
and mighty his station may be, possesses no owner a just compensation to be
greater rights than every other man in the ascertained according to law.
eyes of the law.
➔ Article 435 of the Civil Code.
➔ What are the three inherent powers of
the State? ARTICLE 435. No person shall be
deprived of his property except by
1. POLICE POWER — Power of competent authority and for public use and
restraining and regulating liberty and use always upon payment of just
of property for the promotion of general compensation. Should this requirement be
welfare. Inherent and plenary power of the not first complied with, the courts shall
State which enables it to prohibit all things protect and, in a proper case, restore the
hurtful to the comfort, safety, and welfare owner in his possession. (349a)
of the society.
➔ Distinguish eminent domain from
2. EMINENT DOMAIN — Power of the expropriation.
State to take private property for public
use upon payment of just compensation. While eminent domain refers to the right,
expropriation usually refers to the procedure,
3. TAXATION — Power of the State to through which the right is exercised. (See
raise revenue to defray the necessary Rule 67, Rules of Court).
expenses of the Government/ Power of the
State to impose charge or burden upon Expropriation is the procedure by which the
persons, property, or property rights, for government takes possession of private
the use and support of the government and property. (National Corporation v. Posada,
to enable it to discharge its appropriate supra.)
functions. ➔ Distinguish expropriation from sale.
➔ What is police power? ○ Expropriation is the act of a government
○ The power of the State to enact such laws claiming privately owned property to be
or regulations in relation to persons and used for the benefit of the overall public.

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 Property owners must be compensated property for private use, or without
fairly for property that is expropriated. compensation or payment of just
○ Sale is an agreement whereby one of the compensation, or by a corporation
parties obligates himself to deliver which is not a “competent
something to the other who, on his part, authority,’’ offends substantive due
binds himself to pay therefore for a sum of process.
money or its equivalent. (Art. 1458 NCC)
2. Just Compensation
➔ What are the two stages in an - the equivalent for the value of the
expropriation proceeding? property at the time of its taking;
- a fair and full equivalent for the
1. Due process
loss sustained.
- Under the Constitution, no person
- the payment of the amount within a
may be deprived of life, liberty, or
reasonable time after its taking.
property without due process of
Without prompt payment,
law. (Art. III, Sec. 1 thereof.) Due
compensation cannot be considered
process of law has a two-fold
“just’’ for the owner is made to
aspect: procedural and substantive.
suffer the consequence of being
a. Procedural due process refers to immediately deprived of his
the method or manner by which the property while being made to wait
law is enforced. It requires that the before actually receiving the
owner of property shall have due amount necessary to cope with his
notice and hearing in expropriation loss.
proceedings. He should be given
➔ What are the requisites of eminent
full opportunity to present his side
domain?
on such questions as the existence
of public use, the necessity for the (a) taking by competent authority
taking, and the justness of the (b) observance of due process of law
compensation. It has been held that (c) taking for public use
there is due process of law when (d) payment of just compensation.
there has been substantial
➔ What is taxation?
compliance with the procedure laid
down in the Rules of Court for the The power by which the sovereign raises
exercise of eminent domain. revenue to defray the necessary expenses of
the government.
b. Substantive due process requires
that the law itself, not merely the ➔ Define taxes.
procedures by which the law is
enforced, is fair, reasonable or just. ○ The enforced proportional contribution
The law must be valid, i.e., within from persons and property levied by the
the constitutional power of the State by virtue of its sovereign power for
legislative body to enact and is public purposes.
reasonable in its operation. In other ○ It is a charge by the government on the
words, no person shall be deprived income of an individual, corporation, or
of (life, liberty or) property for trust, as well as the value of an estate or
arbitrary reasons or on flimsy gift.
grounds. Thus, the taking of
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 ○ The objective in assessing the tax is to 2. Court of Appeals, Sandiganbayan and
generate revenue to be used for the needs Court of Tax Appeals (Appellate
of the public. Courts)

○ Hence, taxes have the ff. essential ○ Reviews decisions and final orders
characteristics: of all RTCs, decisions, and
resolutions in administrative cases
a) It is an enforced charge, imposition or of the Ombudsman, the
contribution; Department of Justice, and other
b) It is pecuniary in nature; agencies exercising quasi-judicial
c) Levied by the legislative branch of the functions, including the Office of
government; the President.
d) Assessed according to a reasonable
rule of apportionment; 3. Regional Trial Courts
e) Imposed on persons, property or ○ Second level courts
exercised within the state’s territorial 4. Metropolitan Trial Courts (MeTC),
jurisdiction; and Municipal Trial Courts in Cities
f) Used solely for public purposes. (MTCC), Municipal Trial Courts
(MTC), and Municipal Circuit Trial
Courts (MCTC)
➔ What is the lifeblood theory? ○ First level courts established in
each city and municipality.
○ Taxes are the lifeblood of the nation; ○ Are empowered to hear and decide
○ Without revenue raised from taxation, the petitions for a writ of habeas
government will not survive to the corpus or applications for bail in
detriment of society. Without taxes, the criminal cases in the province or
government would be paralyzed for lack of city in the absence of RTC Judges.
motive power to activate and operate it. 5. Shari’a Courts (Special Court)
○ Tax refunds are in the nature of tax ○ Second level court
exemptions which must be strictly ○ Islamic Law and jurisprudence
construed against the taxpayers and 6. Shari’a Circuit Courts
liberally in favor of the government. ○ First level court
➔ Discuss the hierarchy of court. 7. Quasi-Courts or Quasi-Judicial Agencies
(Executive Department)
NOTE: Judicial power rests with the Supreme ○ Empowered by the Constitution or
Court and the lower courts, as may be established statutes to hear and decide certain
by law. The judiciary enjoys fiscal autonomy. classes or categories of cases;
○ Constitutional Commissions: Civil
1. Supreme Court
Service Commission, Commission
○ Highest court;
on Elections (COMELEC),
○ Composed of one (1) Chief Justice
Commission on Audit (COA)
and fourteen (14) Associate
Justices;
○ The Court sits either en banc or in
divisions of three, five or seven
members.

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 1. Law- when the obligations are imposed by law
itself.
Ex: Obligation to pay taxes to the
government (Internal Revenue Code)

Obligation to support one's family (Family

Code)

2. Contracts- when the obligations arise from the

stipulation of the parties.
Ex: Obligation to pay a loan from a bank
with interest

3. Quasi-contracts- when the obligations arise

from lawful, voluntary and unilateral acts which
are enforceable to the end that no one shall
unjustly enriched or benefited at the expense of
another.
Ex: Obligation to return money paid by
mistake or which is not due. Duty of the
recipient to return what was delivered to
➔ Definition of an obligation according to him by mistake
Arias Ramos
4. Acts or Omissions punished by law (delicts)-
“A juridical relation whereby a person obligation arises from civil liability which is the
(called the creditor) may demand from consequence of a criminal offense.
another (called the debtor) the observance Ex: Obligation of a thief to return the car
of a determinate conduct, and, in case of stolen by him The duty of a killer to
breach, may obtain satisfaction from the indemnify the heirs of his victim
assets of the latter.”
5. Quasi-delicts- obligation arise from damage
caused to another through an act or omission,
○ Obligation is nothing more than the duty
there being fault or negligence, but no contractual
of a person (debtor or obligor) to satisfy a
relation exists between the parties.
specific and demandable claim of another
Ex. Obligation of the possessor of an
person (creditor or obligee) which if
animal to pay for the damage which it may
breached is enforced in court.
have caused. No obligation exists if its
➔ What are the sources of an obligation? source is not one of those enumerated
Explain each. because they are exclusive

○ Art. 1157. Obligations arise from: ➔ What is an obligation according to the

1. Law Civil Code?
2. Contracts
Art. 1156. An obligation is a juridical
3. Quasi-contracts
necessity to give, to do or not to do.
4. Acts or Omissions punished by law;
and The requirement to do what is imposed by
5. Quasi-delicts law, promise, or contract. Obligation is
synonymous with duty. It’s a tie which

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 binds us to pay or to do something corresponding duties to respect the rights
agreeably to the laws and customs of the of others. Its exercise must never be
country. abused, especially to the prejudice of
another.
➔ Is the Civil Code’s definition of an
obligation complete? ○ Declaration of the principle
“cardinal law on human conduct”;
NO. The definition of obligation in Article
○ Intended to embody certain basic
1156 only pertains to civil obligations
principles “that are to be observed
which are enforceable in court when
for the rightful relationship
breached. The coverage does not include
between human beings and for the
natural obligations that cannot be enforced
stability of social order”
in court being based merely on equity and
○ Principle of equity and justice
natural law and not on positive law.
above strict legalism.
○ Natural obligation- cannot be
➔ What is the rationale for the principle of
enforced in court but which
abuse of rights?
authorizes the retention of the
voluntary payment or performance A right disappears the moment it is
made by the debtor. abused. A person is protected only when
he acts in the legitimate exercise of his
WEEK 2:
rights.
Human Relations
○ May be invoked if it is proven that a right
➔ Discuss Article 19 of the Civil Code. or duty was exercised in bad faith,
regardless of whether it was for the sole
Article 19. Every person must, in the
intent of injuring another. Thus, it is the
exercise of his rights and in the
absence of good faith which is essential for
performance of his duties, act with justice,
the application of the principle.
give everyone his due, and observe
honesty and good faith. The law, therefore, recognizes the
primordial limitation on all rights: that in
○ The article makes it imperative that
their exercise, the norms of human conduct
everyone duly respect the rights of others.
set forth in Article 19 must be
It stresses that one should act, give
observed.
everyone his due, and observe honesty and
good faith. It grants adequate legal remedy
for the untold number of moral wrongs ➔ What are the elements to hold a
which is impossible for human foresight to defendant liable under the principle of
provide specifically in statutory law. abuse of rights?

➔ What is the principle of abuse of When a right is exercised in bad faith for an
rights? illegitimate purpose or with the intention to
injure another, and without any benefit to himself,
○ Article 19 rejects the classical and
even when the act itself is not illicit, there is an
traditional theory that “he who uses a right
abuse of right, giving rise to liability for
injures no one.’’
damages.
Exercise of rights entails corresponding
○ Existence of a legal right or duty;
duties. — The right of one person entails
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 ○ which is exercised in bad faith; from the injury, and damages are the
○ for the sole intent to prejudice or injure recompense or compensation awarded for
another. the damage suffered. Thus, there can be
damage without injury in those instances
NOTE: There is no rule which can be applied to in which the loss or harm was not the
determine whether or not the principle of abuse of result of a violation of a legal duty.
rights may be invoked.
➔ Discuss Article 20 of the Civil Code.
➔ How much should be awarded as
damages in abuse-of-rights cases? Article 20. Every person who, contrary to
law, wilfully or negligently causes damage
○ The CCP does not provide a minimum
to another, shall indemnify the latter for
amount for moral and exemplary damages
the same.
and leaves it entirely to the discretion of
the courts. ○ Article 20 speaks of the general sanction
for all other provisions of law which do
○ While there is no hard-and-fast rule in
not especially provide for their own
determining what would be a fair and
sanction. Thus, anyone who, whether
reasonable amount of moral damages, the
willfully or negligently, in the exercise of
same should not be palpably and
his legal right or duty, causes damage to
scandalously excessive.
another, shall indemnify his victim for
○ Moral damages may be awarded whenever injuries suffered thereby.
the defendant's wrongful act or omission is
➔ Discuss Article 21 of the Civil Code.
the proximate cause of the plaintiffs
physical suffering, mental anguish, fright, Article 21. Any person who wilfully causes
serious anxiety, besmirched reputation, loss or injury to another in manner that is
wounded feelings, moral shock, social contrary to morals, good customs or
humiliation and similar injury in the cases public policy shall compensate the latter
specified or analogous to those provided in for the damage.
Article 2219 of the Civil Code.
○ Article 21 deals with acts contra bonos
➔ What is the principle of damnum mores, and has the following elements:
absque injuria?
○ There is an act which is legal;
○ DAMAGE WITHOUT WRONG ○ but which is contrary to morals, good
○ A principle premised on the valid exercise customs, public order, or public policy;
of a right. and
○ The legitimate exercise of a person’s ○ it is done with intent to injure.
rights, even if it causes loss or damage to
another, does not automatically result in The common element under Articles 19
an actionable injury. and 21 is that the act complained of must
○ One who merely exercises one’s rights be intentional,9 and attended with malice
does no actionable injury and cannot be or bad faith.
held liable for damages. ➔ What are the elements of acts contra
○ Material distinction between damages bonus mores?
and injury. — Injury is the illegal
invasion of a legal right; damage is ○ There is a legal act
the loss, hurt, or harm which results
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○ The act is contrary to morals, good ➔ What are the elements of malicious
custom, public order, or public policy prosecution?
○ The act is done with intent to injure
○ The fact of the prosecution and the further
➔ Is breach of promise to marry fact that the defendant himself was the
actionable? prosecutor, and that the action was finally
terminated with an acquittal;
○ To be actionable, there must be some act ○ That in bringing the action, the prosecutor
independent of the breach of promise to acted without probable cause;
marry such as: ○ The prosecutor was actuated or impelled
If There Is Fraud or Deceit: Where a by legal malice.
man’s promise to marry is in fact the Malice - acted with inexcusable to injure,
proximate cause of the acceptance of his oppress, or humiliate
love by a woman and his representation to
fulfil that promise thereafter becomes the Absence of probable cause - acquittal,
proximate cause of the giving of herself dismissal of case
unto him in a sexual congress, proof that
➔ What is Article 22?
he had, in reality, no intention of
marrying her and that the promise was Article 22. Every person who through an
only a subtle scheme or deceptive device act of performance by another, or any
to entice or inveigle her to accept him and other means, acquires or comes into
to obtain her consent to the sexual act, possession of something at the expense of
could justify the award of damages the latter without just or legal ground,
pursuant to Article 21, not because of such shall return the same to him.
promise to marry, but because of the fraud
and deceit behind it and the wilful injury ➔ What is unjust enrichment?
to her honor and reputation which Unjust enrichment claims do not lie simply
followed thereafter. It is essential, because one party benefits from the efforts
however, that such injury should have or obligations of others, but instead it must
been committed in a manner contrary to be shown that a party was unjustly
morals, good customs or public policy. enriched in the sense that the term unjustly
➔ What is malicious prosecution? could mean illegally or unlawfully.

A tort action for malicious prosecution has Unjust enrichment is a term used to depict
been defined as “an action for damages result or effect of failure to make
brought by one against another whom a remuneration of or for property or benefits
criminal prosecution, civil suit, or other received under circumstances that give rise
legal proceedings has been instituted to legal or equitable obligation to account
maliciously and without probable cause, for them; to be entitled to remuneration,
after the termination of such prosecution, one must confer benefit by mistake, fraud,
suit or proceeding in favor of the coercion, or request.
defendant therein. The gist of the action is
Unjust enrichment is not itself a theory of
putting legal process in force, regularly,
reconvey. Rather, it is a prerequisite for the
for the mere purpose of vexation of
enforcement of the doctrine of restitution.
injury.”
➔ What is an accion rem verso?

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 This action is for the recovery of what has the instance of any government or private
been paid without just cause. It can only be charitable institution.
availed of if there is no other remedy to
➔ What is Article 26?
enforce it based on contract, quasicontract,
crime or quasi-delict. In other words, this Article 26. Every person shall respect the
action is only subsidiary. dignity, personality, privacy and peace of
mind of his neighbors and other persons.
○ Example: If a plaintiff delayed his action
The following and similar acts, though
under the contract, quasi-contract, crime or
they may not constitute a criminal offense,
quasi-delict and prescription had barred
shall produce a cause of action for
the action, HE COULD NO LONGER
damages, prevention and other relief:
HAVE RECOURSE to this action (accion
in rem verso) ○ Prying into the privacy of another's
residence;
➔ What are the requisites of accion rem
verso? ○ Meddling with or disturbing the
private life or family relations of
○ That the defendant has been enriched another;
○ That the plaintiff has suffered a loss ○ Intriguing to cause another to be
○ That the enrichment of the defendant is alienated from his friends;
without just or legal ground ○ Vexing or humiliating another on
○ That the plaintiff has no other action account of his religious beliefs, lowly
based on contract, quasi-contract, crime, or station in life, place of birth, physical
quasi-delict. defect, or other personal condition.
➔ What is Article 23? ➔ What is Article 27?

Article 23. Even when an act or event Article 27. Any person suffering material
causing damage to another's property was or moral loss because a public servant or
not due to the fault or negligence of the employee refuses or neglects, without just
defendant, the latter shall be liable for cause, to perform his official duty may file
indemnity if through the act or event he an action for damages and other relief
was benefited. against the latter, without prejudice to any
disciplinary administrative action that may
➔ What is Article 24?
be taken.
Article 24. In all contractual, property or
➔ What is Article 28?
other relations, when one of the parties is
at a disadvantage on account of his moral Article 28. Unfair competition in
dependence, ignorance, indigence, mental agricultural, commercial or industrial
weakness, tender age or other handicap, enterprises or in labor through the use of
the courts must be vigilant for his force, intimidation, deceit, machination or
protection. any other unjust, oppressive or
highhanded method shall give rise to a
➔ What is Article 25?
right of action by the person who thereby
Article 25. Thoughtless extravagance in suffers damage.
expenses for pleasure or display during a
➔ What is Article 29?
period of acute public want or emergency
may be stopped by order of the courts at
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 Article 29. When the accused in a criminal 1. Freedom of religion;
prosecution is acquitted on the ground that 2. Freedom of speech;
his guilt has not been proved beyond 3. Freedom to write for the press or to
reasonable doubt, a civil action for maintain a periodical publication;
damages for the same act or omission may 4. Freedom from arbitrary or illegal
be instituted. Such action requires only a detention;
preponderance of evidence. Upon motion 5. Freedom of suffrage;
of the defendant, the court may require the 6. The right against deprivation of
plaintiff to file a bond to answer for property without due process of
damages in case the complaint should be law;
found to be malicious. 7. The right to a just compensation
when private property is taken for
If in a criminal case the judgment of public use;
acquittal is based upon reasonable doubt, 8. The right to the equal protection of
the court shall so declare. In the absence the laws;
of any declaration to that effect, it may be 9. The right to be secure in one's
inferred from the text of the decision person, house, papers, and effects
whether or not the acquittal is due to that against unreasonable searches and
ground. seizures;
➔ What is Article 30? 10. The liberty of abode and of
changing the same;
Article 30. When a separate civil action is 11. The privacy of communication and
brought to demand civil liability arising correspondence;
from a criminal offense, and no criminal 12. The right to become a member of
proceedings are instituted during the associations or societies for
pendency of the civil case, a purposes not contrary to law;
preponderance of evidence shall likewise 13. The right to take part in a
be sufficient to prove the act complained peaceable assembly to petition the
of. Government for redress of
grievances;
➔ What is Article 31?
14. The right to be a free from
Article 31. When the civil action is based involuntary servitude in any form;
on an obligation not arising from the act 15. The right of the accused against
or omission complained of as a felony, excessive bail;
such civil action may proceed 16. The right of the accused to be
independently of the criminal proceedings heard by himself and counsel, to be
and regardless of the result of the latter. informed of the nature and cause of
the accusation against him, to have
➔ What is Article 32?
a speedy and public trial, to meet
Article 32. Any public officer or employee, the witnesses face to face, and to
or any private individual, who directly or have compulsory process to secure
indirectly obstructs, defeats, violates or in the attendance of witness in his
any manner impedes or impairs any of the behalf;
following rights and liberties of another 17. Freedom from being compelled to
person shall be liable to the latter for be a witness against one's self, or
damages: from being forced to confess guilt,
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 or from being induced by a promise Under the new amendment of the Rules on
of immunity or reward to make Criminal Procedure, dependent civil
such confession, except when the actions if not reserved will be deemed
person confessing becomes a State impliedly instituted with the criminal
witness; action. If reserved, they may be prosecuted
18. Freedom from excessive fines, or independently like the independent civil
cruel and unusual punishment, actions but must await the outcome of the
unless the same is imposed or criminal case to which they are dependent.
inflicted in accordance with a
statute which has not been An independent civil action can proceed
judicially declared simultaneously and separately from the
unconstitutional; and criminal action regardless of the outcome
19. Freedom of access to the courts. of the latter. If the civil action is not
independent, but a dependent civil action
In any of the cases referred to in this based on the crime being prosecuted, the
article, whether or not the defendant's act said civil action must be suspended
or omission constitutes a criminal offense, [whether it was filed ahead but overtaken
the aggrieved party has a right to by the criminal action, or filed after
commence an entirely separate and criminal action] and should await the
distinct civil action for damages, and for outcome of the criminal case. There is a
other relief. Such civil action shall proceed possibility that it may be barred if there is
independently of any criminal prosecution acquittal that completely exonerates the
(if the latter be instituted), and may be accused from the crime, including civil
proved by a preponderance of evidence. liability.

The indemnity shall include moral As stated, no reservation is required of

damages. Exemplary damages may also be independent civil actions because they are
adjudicated. civil actions independent of the criminal
actions to which they are related. They can
The responsibility herein set forth is not proceed without regard to the criminal
demandable from a judge unless his act or cases with which they are closely
omission constitutes a violation of the interlinked. However, there are civil
Penal Code or other penal statute. actions which could be described as
➔ What is Article 33? dependent civil actions which are deemed
instituted with criminal actions arising
Article 33. In cases of defamation, fraud, from the same punishable act or omission.
and physical injuries a civil action for These cannot be prosecuted independently
damages, entirely separate and distinct of the criminal case without any
from the criminal action, may be brought reservation made in the latter case or if not
by the injured party. Such civil action shall filed ahead of the criminal case.
proceed independently of the criminal
prosecution, and shall require only a Dependent civil actions are those actions
preponderance of evidence. seeking civil liability from the offender
which arose from the same act or omission
➔ Distinguish between a dependent civil subject of the criminal action. Excluded
action and an independent civil action from such civil actions are those covered

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 by Articles 32, 33, 34, and 2176 branded ➔ What are the elements of quasi-delict?
by the law as independent civil actions.
1. Damages suffered by plaintiff;
WEEK 3 2. An act or omission on the part of the
Definition and Elements of defendant has resulted in such damage and
injury (fault or negligence of the
Quasi-Delict and Prohibition defendant);
Against Double Recovery 3. There is a causal connection (one thing is
responsible for causing the other thing) of
➔ What is Article 2176?
the cause and effect between the
Article 2176. Whoever by act or omission causes fault/negligence of the defendant and the
damage to another, there being fault or negligence, damages suffered by the plaintiff.
is obliged to pay for the damage done. Such fault
➔ What is damage?
or negligence, if there is no pre-existing
contractual relation between the parties, is called a ○ (Injury is the legal invasion of a legal
quasi-delict and is governed by the provisions of right) Damage is the loss, hurt, or harm
this Chapter. (1902a) which results from the injury.

○ Article 2176 covers all wrongful acts or NOTE: There can be damage without injury in
omissions which do not constitute breach those instances in which the loss or harm was not
of contract or the commission of a crime; the result of a violation of a legal duty.
○ Article 2176 can only refer to
➔ What is fault?
“quasi-delicts,’’ excluding conduct
punishable by law. However, for purposes ○ “There is fault when a person acts in a
of recovering civil liability arising from a manner contrary to what should have been
crime or felony, the plaintiff is given the done.
privilege to treat the offense as a ○ Only juridical fault, but not moral fault,
quasi-delict, and not as a delict, and gives rise to liability for damages.
accordingly, base his civil action for ○ Lack of charity or of altruism, constituting
damages which shall be entirely separate moral fault, does not constitute a
and distinct from, and shall proceed quasi-delict.
independently of, the criminal prosecution,
on the theory of quasi-delict. But while the law does not require charity
or altruism, it requires prudence and care;
➔ What is quasi-delict?
For instance, the owner of an open ditch
○ Based on Article 2176, a quasi-delict may by the side of a street, who does not light it
be defined as an act or omission by a at night, will be liable to persons who may
person which causes damage to another fall therein in the darkness. (A.M.
in his person, property, or rights, as a Tolentino, Commentaries and
consequence of the fault or negligence, Jurisprudence on the Civil Code, 1992
giving rise to an obligation to pay for Ed., Vol. V, 593-595.)
the damage done, but there is no ○ The fault or culpa referred to in Article
pre-existing contractual relation 2176 is “fault substantive and
between the parties; independent’’ which, in itself, is a source
○ Negligent acts or omissions and excludes of obligations (Art.1 1157.)
the notion of willfulness or intent.
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○ If the fault is committed intentionally to ○ GOOD FATHER OF A FAMILY
cause damage to another, it becomes a ○ The standard of conduct used in the
dolo punished as a crime by the Revised Philippines is that of paterfamilias in
Penal Code or other penal law. Roman law or that who is referred to in
Article 1173 of the Civil Code (in rel. Art.
➔ What is negligence?
2178) as a good father of a family;
○ “Negligence is conduct that creates undue ○ What should be determined in negligence
risk or harm to another.” cases is what is foreseeable to a good
○ “The want of care required by the father of a family. A good father of a
circumstances.’’ family is likewise referred to as the
○ Failure to prevent the risk of injury of reasonable man, man of ordinary
another; intelligence and prudence, or ordinary
○ “Negligence is the failure to observe for reasonable prudent man.
the protection of the interests of another ○ In English law, he is sometimes referred to
person, that degree of care, precaution and as the man on top of a Clapham omnibus.
vigilance which the circumstances justly (Bolam vs. Friern Hospital Management
demand, whereby such other person Committee, 2 All E.R. 119 Queens Bench
suffers injury…” Div. [1957]).

➔ Explain causal connection between the ➔ Can there be a tort or quasi-delict in

fault/negligence or damage? breach of contract?

○ The negligent act or omission should be ○ Quasi-delict is essentially extra-contractual

the cause of the injury or damage done. in nature;
○ If a person is guilty of negligence, he is ○ The tort liability is said to arise from a
necessarily at fault. Therefore, he is liable breach of contract when the act or
for damages. omission is in itself wrongful,
○ But there may be fault without negligence independently of the contract, the breach
as where the damage or injury resulting of which being merely incidental to the
from the wrongful act or omission was commission of the tort.
caused willfully and not by reason of lack ○ Despite the existence of contractual
of care. So, fault is the broader term. relations, the act that breaks the contract
may also be a tort.
➔ What is the test of determining ○ A quasi-delict can be the cause for
negligence? breaching a contract that might thereby
“Did the defendant in doing the alleged permit the application of principles
negligent act use the reasonable care and applicable to tort even when there is a
caution which an ordinary prudent person pre-existing contract between the plaintiff
would have used in the same situation. If and the defendant. This rule can govern
not, then he is guilty of negligence.’’ only where the act or omission
(Ibid.; Mandarin Villa, Inc. vs. Court of complained of would constitute an
Appeals, 71 SCAD 255, 257 SCRA 538 actionable tort independently of the
[1996]; Jarco Marketing Corp. vs. Court contract. (Far East Bank and Trust
of Appeals, supra.) Company vs. Court of Appeals, 241 SCRA
671 [1995].)
➔ What is the applicable standard of
conduct?

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 ➔ Distinguish culpa aquiliana from culpa reasonable evidence, in the absence of
contractual? an explanation by the defendant, that
the accident arose from want of care.”
Culpa Aquiliana or Culpa Extracontractual (Art.
2176) ○ Allows the mere existence of an injury to
justify a presumption of negligence on the
○ The wrongful or negligent act or omission
part of the person who controls the
which of itself is the source of the
instrument causing the injury;
obligation separate from, and independent
of, contract; ○ The doctrine can be invoked when and
○ There is no preexisting obligation, and the only when, under the circumstances
negligence itself is the direct and involved, direct evidence is absent and not
independent source of the obligation of the readily available.
party guilty thereof. It is also called “tort’’
or “quasi-delict;’’ ➔ What is the captain-of-the-ship
○ The plaintiff has the burden of proving that doctrine?
the defendant was at fault or negligent. ○ The Captain-of-the-Ship Doctrine is “the
Culpa Contractual (Art. 1170-1174) doctrine imposing liability on a surgeon
for the actions of assistants who are under
○ Act or omission considered as an incident the surgeon's control but who are
in the performance of an obligation employees of the hospital, not the
already existing and which constitutes a surgeon.” (BLACK’S LAW DICTIONARY
breach thereof; [8th ed. 2004])
○ There is a pre-existing obligation, and the
➔ What is the doctrine of corporate
negligence is not the source of the
negligence?
obligation, but merely an incident resulting
in its breach or non-fulfillment; ➔ Every corporation which undertakes to
○ It is not necessary for the plaintiff to plead operate a business enterprise which is of
or prove that the violation of the contract the kind and nature that it invites the
was due to fault or negligence. public to cater to its services, is bound to
ensure that those who avail of its
Both culpa aquiliana and culpa contractual are
services are duly protected and that the
always based upon a voluntary act or omission
corporation has a duty to exercise
which has caused damage to another and require
reasonable care to protect the availing
only preponderance of evidence.
public from harm when he uses its
➔ What is the doctrine of res ipsa facilities, including the obligation to
loquitur? What are its requisites? oversee and supervise all persons who
operate such facilities, as well as the
“the thing or the transaction speaks for itself.” obligation to take an active step in
○ The doctrine res ipsa loquitur means that remedying the negligence committed
“where the thing which causes injury is within its premises;
shown to be under the management of ➔ Corporate negligence is a doctrine under
the defendant, and the accident is such which a hospital is liable if it fails to
as in the ordinary course of things does uphold the proper standard of care owed a
not happen if those who have the patient. This “standard of care” ensures a
management use proper care, it affords patient's safety and well-being while
hospitalized.
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 ➔ What is Article 2177?

Art. 2177. Responsibility for fault or

negligence under the preceding article is
entirely separate and distinct from the civil
liability arising from negligence under the
Penal Code. But the plaintiff cannot
recover damages twice for the same act or
omission of the defendant.

NOTE: Under Article 2177, acquittal from an

accusation of criminal negligence, whether on
reasonable doubt or not, shall not be a bar to
subsequent civil action, not for civil liability
arising from criminal negligence, but for damages
due to a quasi-delict or culpa aquiliana (Chaps, 4,
10.) although said article forestalls a double
recovery. (Report of the Code Commission, p. ➔ What is the legal restriction on the
162.) recovery of damages?

➔ Distinguish criminal negligence from ○ The plaintiff is not allowed to recover

civil negligence? damages twice for the same act or
omission of the defendant.
Criminal negligence (culpa criminal) is a
○ Damages are not intended to enrich the
violation of criminal law.
complainant at the expense of the
○ Negligence is criminal if it results in the defendant. They are awarded only to
commission of a crime. enable the injured party to recover his
losses for the things he was deprived of, or
Civil negligence (culpa aquiliana) is a distinct to enable him to obtain means, diversion
and independent negligence, entirely apart from a or amusement that will serve to alleviate
delict or crime. the moral suffering he has undergone
because of the culpable acts of the
○ The purpose of a criminal case is to punish
defendant.
a defendant, provided they are found
guilty, and discourage other people from NOTE: To warrant recovery of damages, there
committing similar offenses. However, the must be both a right of action, for a wrong
primary motivation for civil cases is to inflicted by the defendant, and the damage
offer redress via compensation to the resulting therefrom to the plaintiff. Wrong
victim of wrongdoing. without damage, or damage without wrong,
does not constitute a cause of action.

WEEK 4
Fortuitous Events, Proximate
Cause, Contributory
Negligence, and Defenses
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 ➔ What is Article 2178?
➔ Fault or negligence is defined by the
Art. 2178. The provisions of Articles 1172 to provision (par. 1.)
1174 are also applicable to a quasi-delict. (n) ➔ Diligence- attention and care
required of a person in the given
Article 1172. Responsibility arising from situation and is the opposite of
negligence in the performance of every negligence.
kind of obligation is also demandable, ➔ Due Diligence- that measure of
but such liability may be regulated by
the courts, according to the prudence, activity, or assiduity, as is
circumstances. (1103) properly to be expected from and
ordinarily exercised by reasonable
Annotation: and prudent men under the particular
➔ In the performance of every kind of circumstances: it is not measured by
obligation, the debtor is also liable any absolute standard, but depends
for damages resulting from his on the relative facts of the special
negligence or culpa. The courts, case.
however, are given wide discretion ➔ Necessary Diligence- degree of
in fixing the measure of damages; diligence which a person placed in a
➔ Negligence is a question which must particular situation must exercise in
necessarily depend upon the order to entitle him to the protection
circumstances of each particular of the law in respect to the rights or
case; claims growing out of that situation,
➔ When both the injured party and or to avoid being left without redress
tortfeasor are negligent, the fault of on account of his own culpable
one cancels the negligence of the carelessness or negligence.
other. Thus, their rights and
obligations may be determined Art. 1171. Responsibility arising from
equitably. No one shall enrich fraud is demandable in all obligations.
himself at the expense of another. Any waiver of an action for future fraud
is void.
(Rodzssen Supply, Inc. vs. Far East
Bank & Trust Co., 148 SCAD 392, Art. 2201. In contracts and
357 SCRA 618 [2001].) quasi-contracts, the damages for which
the obligor who acted in good faith is
liable shall be those that are the natural
Article 1173. The fault or negligence of
the obligor consists in the omission of and probable consequences of the
that diligence which is required by the breach of the obligation, and which the
nature of the obligation and parties have foreseen or could have
corresponds with the circumstances of reasonably foreseen at the time the
the persons, of the time and of the obligation was constituted. In case of
place. When negligence shows bad
fraud, bad faith, malice or wanton
faith, the provisions of articles 1171 and
2201, paragraph 2, shall apply. attitude, the obligor shall be responsible
for all damages which may be
If the law or contract does not state the reasonably attributed to the
diligence which is to be observed in the non-performance of the obligation.
performance, that which is expected of (1107a)
a good father of a family shall be
required. (1104a)
Article 1174. “Except in cases
Annotation:
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 who is partly responsible for his own
expressly specified by the law, or
when it is otherwise declared by injury should not be entitled to recover
stipulation, or when the nature of the damages in full but must bear the
obligation requires the assumption of consequences of his own negligence. The
risk, no person shall be responsible defendant must thus be held liable only for
for those events which could not be the damages actually caused by his
foreseen, or which, though foreseen,
negligence. (Syki vs. Beyasa, 414 SCRA
were inevitable. (1105a)’’
237 [2003].)
Annotation: ➔ What is proximate cause?
➔ A fortuitous event is any event
which can not be foreseen, or which, ○ “The concept of proximate cause is well
though foreseen, is inevitable. In defined in our corpus of jurisprudence as
other words, it is an event which is ‘any cause which, in natural and
either impossible to foresee or continuous sequence, unbroken by any
impossible to avoid; efficient intervening cause, produces the
➔ The essence of a fortuitous event result complained of and without which
consists of being a happening would not have occurred and from which it
independent of the will of the ought to have been foreseen or reasonably
obligor and which happening, makes anticipated by a person of ordinary case
the normal fulfillment of the that the injury complained of or some
obligation impossible. similar injury, would result therefrom as a
natural and probable consequence.”
(Pilipinas Bank vs. Court of Appeals, 53
SCAD 514, 234 SCRA 435 [1994].)
➔ What is Article 2179?
➔ What are the tests to determine
Art. 2179. When the plaintiff’s own negligence
existence of proximate cause? Discuss
was the immediate and proximate cause of his
each.
injury, he cannot recover damages. But if his
negligence was only contributory, the immediate 1. Foreseeability Test- Where the
and proximate cause of the injury being the particular harm was reasonably
defendant’s lack of due care, the plaintiff may foreseeable at the time of the defendant’s
recover damages, but the courts shall mitigate the misconduct, his act or omission is the legal
damages to be awarded. (n) cause thereof.

➔ Negligence the exclusive, or immediate 2. Natural and Probable Consequence

and proximate cause of injury. — Where Test- Where the defendant’s liability is
the injured party’s negligence was not recognized only if the harm or injury
merely contributory, but the immediate suffered is the natural and probable
and proximate cause of his injury, he has consequence of his act or omission
no right to recover for the injuries which complained of.
he suffered. Of course, there is no liability
where the fault or negligence of the injured 3. Sine qua non (“without which not”)
party himself is the sole determining cause Test- Where the defendant’s conduct will
of his injury. not be considered as proximate cause of
the event if the event just the same would
➔ The underlying precept of Article 2179 on have occurred without it.
contributory negligence is that the plaintiff
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 4. Cause and Conditions (Cause-in-fact) ➔ The negligence of both the plaintiff and
Test- Where a distinction is made between the defendant are compared for the
the active cause of the harm or injury and purpose of reaching an equitable
the existing “conditions” upon which that apportionment of their respective liabilities
cause operated. If the defendant has for the damages caused and suffered by the
created only a passive (not active) static plaintiff (Pineda, 2009).
condition, which made the damage
possible, he is not liable. ➔ The doctrine contributory negligence has
been criticized as overly harsh. It has been
5. Substantial Factor Test- Under this modified by the doctrine of comparative
test, if the actor’s conduct is a substantial negligence under which a comparison is
factor in bringing about harm to another, made in terms of the degree of the
the fact that the actor neither foresaw nor negligence of the plaintiff and that of the
should have foreseen the extent of the defendant and the amount of damages
harm or the manner in which it occurred, recoverable by the plaintiff is reduced to
does not prevent him from being liable. the extent of his negligence. This is
(57 Am. Jur. 2d 539.) considered a more equitable system of
apportioning liability for damages. The
6. Direct Consequence Test- Under this pure form of this doctrine allows the
test, the defendant is liable for all the plaintiff to recover regardless of the
damage that flows as the ordinary and extent of his negligence. Under the
natural, or direct consequence of his modified form, the plaintiff can recover
conduct to be determined from the only if his negligence is less than or equals
circumstances of the case rather than upon that of the defendant. Expressed in terms
whether he might or must have reasonably of percentages, a plaintiff who is charged
expected the resulting injury. with 80% of the total negligence, can
➔ What is contributory negligence? recover only 20% of his damages.

○ “Conduct on the part of the injured party, ➔ Distinguish between Contributory

contributing as a legal cause to the harm Negligence and Comparative
he has suffered, which falls below the Negligence:
standard to which he is required to
Comparative Negligence- used to assign
conform for his own protection.’’
financial responsibility in proportion to
(Valenzuela vs. Court of Appeals, 68
each party’s level of negligence.
SCAD 113, 253 SCRA 303 [1996].)
Contributory Negligence- reduces the
○ Negligence on the part of the injured party
amount of compensation a plaintiff
which merely contributes to, but is not the
receives. “Contributory negligence is
proximate cause of, his injury, and results
conduct on the part of the injured party,
in the mitigation of the defendant’s
contributing as a legal cause to the harm
liability and the plaintiff’s indemnity (Art.
he has suffered, which falls below the
2179, NCC.)
standard to which he is required to
f. What is the Doctrine of comparative conform for his own protection.”
negligence? (p. 239, De Leon, Comments and
g. What is an attractive nuisance? (p. 115-120,
Cases on Torts and Damages)
De Leon, Comments and Cases on Torts and
Damages)
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➔ One who maintains on his premises dangerous ➔ The antecedent negligence of the plaintiff
instrumentalities or appliances of a character does not preclude him from recovering
likely to attract children in play, and who fails damages caused by the supervening
to exercise ordinary care to prevent children negligence of the defendant who had the
from playing therewith or resorting thereto, is last fair chance to prevent the impending
liable to a child of tender years who is injured harm by the exercise of due diligence.
thereby, even if the child is technically a (Phil. Bank of Commerce vs. Court of
trespasser in the premises. (Hidalgo Appeals, 269 SCRA 695 [1997].)
Enterprises, Inc. v. Balandan, 91 Phil. 488
[1952].) NOTES:
● Applications of the doctrine.
➔ The attractive nuisance doctrine generally is
not applicable to bodies of water, artificial (a) Where plaintiff is in peril and is unable
as well as natural, in the absence of some to get out of it by the exercise of
unusual condition or artificial feature other reasonable care, and defendant knows
than the mere water and its location. Thus, a plaintiff’s position and either realizes or
swimming pool or pond or reservoir of water has reason to realize the danger to plaintiff,
is not considered an attractive nuisance. and thereafter could have avoided the
injury by the use of reasonable care.

TORTS WEEK 5 (b) Where plaintiff is similarly in

helpless peril, and defendant though he
Defenses against a quasi-delict suit did not discover plaintiff, would have
Negligence is the failure to observe for the discovered and appreciated plaintiff’s
protection of the interests of another person that danger in time to avoid injuring him by
degree of care, precaution, and vigilance which the use of reasonable care, had
the circumstances justly demand, whereby such defendant exercised the vigilance which
other person suffers injury. the law required of him for plaintiff’s
protection.
a. What is the doctrine of last clear chance? (p.
249, De Leon, Comments and Cases on Torts and (c) Where plaintiff himself could avoid
Damages). danger by checking his approach to it or
by stepping out of its path but fails to do
➔ A person who has the last clear chance so because of negligent inattention, and
or opportunity of avoiding an accident, defendant knows plaintiff’s position and
notwithstanding the negligent acts of his realizes or has reason to realize his
opponent, or that of a third person imputed inattention, and after such knowledge and
to the opponent, is considered in law (actual or constructive) realization could
solely responsible for the consequences of have avoided injury by the use of
the accident. reasonable care.
➔ The negligence of the plaintiff does not
preclude a recovery for the negligence of (d) Where both plaintiff and defendant are
the defendant where it appears that the negligently inattentive, but defendant
defendant, by exercising reasonable care would have discovered and realized
and prudence, might have avoided plaintiff’s danger, had he exercised the
injurious consequences to the plaintiff vigilance he owed to plaintiff, in time to
notwithstanding the plaintiff’s negligence. avoid injuring plaintiff by the use of

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 reasonable care. (Harper & James, op. cit., ➔ One who suddenly finds himself in a place
p. 1245.) of danger, and is required to act without
time to consider the best means that may
b. What are the elements for the application of be adopted to avoid the impending danger,
the doctrine of last clear chance? is not guilty of negligence, if he fails to
(a) That the plaintiff was in a position of adopt what subsequently and upon
danger and, by his own negligence, reflection may appear to have been a better
became unable to escape from such method, unless the emergency in which he
position by the use of ordinary care, either finds himself is brought about by his own
because it became physically impossible negligence (p. 274, De Leon, Comments
for him to do so or because he was totally and Cases on Torts and Damages).
unaware of the danger; ➔ The rule is not applicable where the
(b) The defendant knew that the situation or danger was caused by his
plaintiff was in a position of danger and own negligence. Ex. If Y is driving his car
further knew, or in the exercise of at a very high rate of speed in violation of
ordinary care should have known, traffic rules and he suddenly finds himself
that the plaintiff was unable to escape confronted with the choice of hitting a
therefrom; and pedestrian or another car, and opts for the
latter, the emergency doctrine is
(c) That thereafter defendant had the unavailable because his tortious conduct
last clear chance to avoid the accident by contributed to the creation of the
the exercise of ordinary care but failed to emergency.
exercise such last clear chance, and the
accident occurred as a proximate result of d. What is assumption of risk?
such failure. (57 Am. Jur. 2d 807.) ➔ A plaintiff who voluntarily assumes a risk
NOTES: of harm arising from the negligent or
● Defenses available to defendant. — reckless conduct of the defendant cannot
Although a defendant may not invoke recover for such harm. The defense may
the doctrine, it does not preclude him arise where a plaintiff, by contract or
from proving that the plaintiff had the last otherwise, expressly agrees to accept a risk
clear opportunity to avert the injury or harm arising from the defendant's
complained of and thus, establish that the conduct;
plaintiff was guilty of contributory ➔ A plaintiff who fully understands a risk
negligence which proximately caused the of harm to himself or his property
accident and consequently, bars plaintiff’s brought about by the defendant but
recovery (Defense of plaintiff’s sole nevertheless voluntarily chooses to assume
negligence or contributory negligence). it is not entitled to recover. (see Art.
2179, Chap. 6.) By voluntarily
● The defendant’s opportunity to avert the exposing himself or his property
injury must be not only the “last’’ interests to a risk, the plaintiff is
chance but a “clear’’ chance. (J. Cezar S. deemed to consent to that risk;
Sangco, p. 169, citing Annotation; 32 ALR ➔ Assumption of the risk in its primary sense
2d 547.) arises by assuming through contract,
which may be implied, the risk of a known
c. What is the emergency rule? danger. Its essence is venturousness. It
implies intentional exposure to a known
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 danger; It embraces a mental state of law as injury”) refers to self-inflicted
willingness; It pertains to the preliminary injury or to the consent to injury which
conduct of getting into a dangerous precludes the recovery of damages by one
employment or relationship, it means
who has knowingly and voluntarily
voluntary incurring the risk of an accident,
which may or may not occur, and which exposed himself to danger, even if he is
the person assuming the risk may be not negligent in doing so.
careful to avoid; and it defeats recovery
because it is a previous abandonment of WEEK 6
the right to complain if an accident occurs; VICARIOUS LIABILITY
➔ A plaintiff who, by contract or otherwise,
a. What is Article 2180?
expressly agreed to accept a risk of harm
arising from the defendant's negligent or Article 2180. The obligation imposed by article
reckless conduct, cannot recover for such
2176 is demandable not only for one's own acts
harm unless the agreement is invalid as
contrary to public policy; or omissions, but also for those of persons for
whom one is responsible.
➔ DEFENSE OF ASSUMPTION OF
RISK presupposes: (1) that the plaintiff (1) The father and, in case of his death or
had actual knowledge of the danger; (2) incapacity, the mother, are responsible for
that he understood and appreciated the risk the damages caused by the minor children
from the danger; and (3) that he who live in their company.
voluntarily exposed himself to such risk. x
xx (2) Guardians are liable for damages caused
➔ RISK; applies to known dangers, and not by the minors or incapacitated persons
to things from which danger may possibly who are under their authority and live in
flow. The risk referred to is the particular their company.
risk, or one of the risks, which the plaintiff
accepted within the context of the situation (3) The owners and managers of an
in which he placed himself and the establishment or enterprise are likewise
question is whether the specific conduct or responsible for damages caused by their
condition which caused the injury was employees in the service of the branches in
such a risk. which the latter are employed or on the
e. What is volenti non fit injuria? occasion of their functions.

➔ “to a willing person, it is not a wrong.” ➔ Occasion of their functions – acting

➔ One is not legally injured if he has within the scope of their
consented to the act complained of. employment;
➔ One cannot maintain an action for a (4) Employers shall be liable for the damages
wrong occasioned by an act to which caused by their employees and household
he has consented, under the familiar helpers acting within the scope of their
maxim “volenti non fit injuria,’’ except assigned tasks, even though the former are
where the act involves the life of a person, not engaged in any business or industry.
or a breach of the peace, or amounts to a
public offense (p. 59, De Leon, Comments ➔ EX. Household helpers
and Cases on Torts and Damages).
➔ An act is deemed an assigned task
➔ The doctrine of volenti non fit injuria (“to if it is done by an employee, in
which a person assents is not esteemed in furtherance of the interests of the

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 employer at the time of the
pre-existing contractual relation between the
infliction of the injury or damage.
parties, is called a quasi-delict and is governed
(5) The State is responsible in like manner by the provisions of this Chapter.
when it acts through a special agent; but
not when the damage has been caused by b. What is the principle of vicarious or
the official to whom the task done properly imputed liability?
pertains, in which case what is provided in
article 2176 shall be applicable. ○ Liability is imposed on a person for torts
committed by another with whom he has a
➔ Special Agent – an agent who is an certain relationship and for whom he is
employee but who does acts responsible;
outside of his official job
description. ○ The employers or the parents are being
made liable not only because of the
EX. An office clerk is made to negligent or wrongful act of the person for
drive a service vehicle of a whom they are responsible but also
government office. If he causes because of their own negligence;
damage to a third person, the State
will be held liable for the damages. ○ Liability is imposed on the EMPLOYER
because he failed to exercise due
Official Chauffeur/Driver – The diligence in the selection and
State is not liable since the supervision of his employee while
chauffeur driver is an ordinary PARENTS are made liable because they
agent acting within the scope of his failed to exercise diligence in the
official job description (Art. 2176, supervision of their child who lives in
NCC). their company;
Where the act complained of is one ○ The liability is vicarious or imputed
performed in the discharge of the official because there is no direct link between
duties of a public officer, the State is not their act or omission and the injury.
liable.
NOTE: A person or juridical entity is made
(6) Lastly, teachers or heads of solidarily liable with a tortfeasor simply by reason
establishments of arts and trades shall of his relationship with the latter.
be liable for damages caused by their
pupils and students or apprentices, so long c. What is the basis of vicarious liability?
as they remain in their custody.
➔ Pater familias: The liability under Article
The responsibility treated of in this article shall 2180 is rather based on pater familias or the
cease when the persons herein mentioned prove failure of the persons mentioned therein to
that they observed all the diligence of a good exercise due care and vigilance over the acts
father of a family to prevent damage. (1903a) of subordinates to prevent the damage. The
negligence of the actor is only presumptively
ART. 2176. Whoever by act or omission causes the negligence of the person responsible for
damage to another, there being fault or him.
negligence, is obliged to pay for the damage
done. Such fault or negligence, if there is so

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➔ The principle of vicarious liability bases the ○ Acting within the scope of their assigned
responsibility of the master ultimately on his tasks
own negligence and not that of the servant. ○ Even if the employer is not engaged in any
business or industry
NOTE: The presumption is juris tantum
(rebuttable), not juris et de jure (conclusive), and NOTE: The vicarious liability attaches only when
can be rebutted only by showing proof of the tortious conduct of the employee relates to or
having exercised and observed all the diligence is in the course of his employment.
of a good father of a family (Tamagro v. CA,
G.R. No. 85044, June 3, 1992). 5. State – acting through a special agent and not
when the damage has been caused by the official
c.1. Discuss Cangco v. Manila to whom the task done properly pertains.
Railroad Co., G.R. No. 12191,
October 14, 1918 6. Teachers or heads of establishments:

d. Who are persons/parties liable ○ Teachers or heads of establishments of arts

vicariously? (FGOEST) and trades shall be liable for damages
caused by their pupils and students or
1. Father, or in case of death or incapacity, apprentices, so long as they remain in their
mother: custody.

○ Damage caused by minor children ○ The liability extends to acts committed

○ Living in their company even outside the school so long as it is an
official activity of the school.
NOTES: Scope of liability. — The liability of
parents under Article 2180 covers not only civil ○ GENERAL RULE: The teacher-in-charge
obligations arising from quasi-delict but also those is liable for the acts of his students. The
from criminal offenses not covered by Article 101 school and administrators are not liable.
(infra.) of the Revised Penal Code.
○ EXCEPTION: It is only the head of the
The liability is not limited to parents, the same is school, not the teacher who is held liable
also imposed on those exercising substitute and where the injury is caused in a school of
special parental authority, i.e., guardian and arts and trade.
adopters; ○ arts and trade: vocational education
directed at a particular skilled craft
2. Guardians: are liable for damages caused by
or trade. Ex. TESDA (Technical
the minors or incapacitated persons who are under
Education And Skills Development
their authority and live in their company.
Authority)
3. Owners and Managers of Establishments:
NOTE: Article 2180 of the NCC is applicable to
○ For damages cause by their employees all schools, whether it be academic or
○ In the service of the branches in which non-academic: for damages caused by their
they are employed, or; pupils and students or apprentices so long as they
○ On the occasion of their functions remain in their custody.

4. Employers: e. Who are considered minors under Art.

2180?
○ Damages caused by employees and
household helpers Minor Incapacitated Persons

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 Those who are below 21
Persons beyond 21 ➔ The actual tortfeasor is not exempted from
years old. years of age but are liability
incapacitated such as
NOTE: R.A. 6809, An those who are insane The minor, ward, employee, special agent,
Act Lowering the Age pupil, students and apprentices who actually
or imbecile.
of Majority from 21 to committed the delictual acts are not exempted by
18 Years, did not amend
Article 236 of the NOTE: According to the law from personal responsibility.
Family Code with the dictionary, imbecile
regard to age. is a person marked by They may be sued and made liable alone
mental deficiency while as when the person responsible for them or
an insane person is one
who has an unsound vicarious obligor proves that he exercised the
mind or suffers from a diligence of a good father of a family or when the
mental disorder minor or insane person has no parents or
(People of the guardians (Art. 2182). In the latter instance, they
Philippines vs. Honorato
Ambal, G.R. No. are answerable with their own property (Pineda,
L-52688 October 17, 2009).
1980).
Common Defense – The vicarious liability shall
The last paragraph of Article 236 of the Family cease when the defendants prove that they
Code as amended by Republic Act No. 6809
observed all the diligence of a good father of a
provides that nothing in said Code “shall be
construed to derogate from the duty or family to prevent damage.
responsibility of parents and guardians for children
and wards below twenty-one years of age Article 2182. If the minor or insane person
mentioned in the second and third paragraphs of
causing damage has no parents or guardian, the
Article 2180 of the Civil Code.” Thus, the parents
or guardians can still be held liable even if the
minor or insane person shall be answerable with
minor is already emancipated provided that he is his own property in an action against him where
below twenty-one years of age. a guardian ad litem shall be appointed. (n)

NOTE: Parents and other persons exercising NOTE: A guardian ad litem (“for the suit”),
parental authority shall be civilly liable for the usually a lawyer, appointed by the court to appear
injuries and damages caused by the acts or in a lawsuit on behalf of an incompetent or minor
omissions of their unemancipated children living party (Black’s Law Dictionary).
in their company and under their parental
Courts appoint these special representatives for
authority subject to the appropriate defenses
infants, minors, and mentally incompetent
provided by law (FC, Art. 221).
persons, all of whom generally need help
○ EMANCIPATION – To free from protecting their rights in court.
parental control, care and responsibility;
g. What is the reason for the vicarious
Minors are no longer dependent on their
liability of the parents?
parents.
○ UNEMANCIPATED – Not yet free from ➔ Principal of Parental Liability
the care and custody of parental control;
Still dependent on their parents; Not This liability is made natural as a logical
married, not freed by the court. consequence of the duties and responsibilities of
parents exercising parental authority which
f. Is the actual tortfeasor exempt from includes controlling, disciplining and
liability? (Read and discuss Article 2182 of instructing their children.
the Civil Code when applicable)
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Basis of Liability – The civil liability imposed children of their the latter, the father
upon parents for the torts of their minor children adopting parents (RA, shall be responsible.
living with them, may be seen to be based upon 8552, Sec. 17).
the parental authority vested by the Civil Code However, if he is not
recognized by the
upon such parents. Thus, adopters are
putative father but is
civilly liable for the under the custody and
The law assumes that when an unemancipated tortious/criminal acts supervision of the
child living with its parents commits a tortious act, of their minor children mother, it is the latter
the parents were negligent in the performance of who live with them. who is the one
their legal and natural duty closely to supervise vicariously liable
the child under their custody and control. (Pineda, 2009).

Parental liability is, in other words, anchored

upon parental authority coupled with presumed h. When is the mother liable?
parental dereliction in the discharge of the duties Only in the case of death and incapacity of the
accompanying such authority. father.
The parental dereliction is only presumed and the NOTE: Incapacity may include insanity,
presumption can be overturned under Article 2180 imbecility or serious sickness but not absence.
of the Civil Code by proof that the parents had
exercised all the diligence of a good father of a Originally, the mother becomes liable only in the
family to prevent the damage. (Tamargo vs. Court case of her husband’s death or incapacity.
of Appeals, supra.)
The liability of the father and mother for the
Scope of Liability – The liability of parents under damages caused by their “minor children who live
Article 2180 covers not only civil obligations in their company,” under Article 2180 is not
arising from quasi-delict but also those from simultaneous but alternate, the father being
criminal offenses not covered by Article 101 primarily responsible. The mother answers only
(infra.) of the Revised Penal Code. (Chap. 10.) It “in case of his death or incapacity.” (par. 2.)
extends also to “other persons exercising parental
The liability of parents (and guardians) under
authority like judicially appointed guardians and
Article 2180, however, has been modified by
adopters.’’
the Family Code in Articles 219, 221, and 236.
The responsibility is limited to “minor children Thus, under the Family Code, there is no more
who live in their company.’’ (par. 2.) alternative qualification as to the civil liability of
Emancipation which takes place by the attainment parents. Both parents are primarily liable for
of the age of majority (18 years) shall the damages caused by their child.
permanently terminate parental authority.
i. What is the effect of the absence of the
Nevertheless, parental liability subsists even if the father?
minor is already emancipated, provided he is
Under Art. 2180, if the absence of the father is
below 21 years of age.
due to DEATH or INCAPACITY, the mother is
responsible for the damages. Therefore, since
Adopted Children Illegitimate Child
the law does not distinguish, the absence of a
Judicially adopted As for an illegitimate father NOT DUE TO death or incapacity does not
children are child, if he is extinguish him from liability since it is primary
considered legitimate acknowledged by the and solidary.
father and lives with
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NOTE: Absence of the father is not mentioned in k. Are de facto guardians covered by
the law. Incapacity and absence are not the same. paragraph 3 of Article 2180?

● DEATH – The extinction of life; defined ➔ De facto guardians covered by paragraph 3

by physicians as a total stoppage of the of Art. 2180
circulation of the blood, and a cessation of
the animal and vital functions consequent De facto (“in fact”) guardians are relatives
thereon, such as respiration, pulsation, etc. and neighbors who take upon themselves the duty
(Black’s Law Dictionary) to care and support orphaned children without
● INCAPACITY – the state of not being passing through judicial proceedings.
able to perform the usual functions or They are liable for acts committed by
duties due to a mental or physical children while living with them and are below 21
disability (Black’s Law Dictionary). years of age, the law being applied by analogy
(Pineda, 2009).
j. What are requisites to hold parents
liable vicariously? (21-CL) In the absence of the natural parents, the child’s
care is given to a specific person.
1. The child is below 21 years of age;

2. The child COMMITTED a tortious act to the ● EX. To an UNCLE; During an outing, the
damage and prejudice of another person; and child was being reckless and broke an
antique vase inside a museum. The uncle
3. The child LIVES in the company of the parent is liable to pay for the damages for he is in
concerned whether single or married (Pineda, charge of the child at the time of the outing
2009). and during the absence of the natural
parents.
NOTE: The parents are still being made liable
because they are the persons who are financially l. Discuss Article 218 of the Family Code
capable of satisfying any judgment obligation.
➔ Rule with respect to minors
Consistent with the basis of liability of parents
and other persons exercising parental authority, Art. 218. The school, its administrators and
the liability is present only, both under Article teachers, or the individual, entity or institution
2180 of the Civil Code and Article 221 of the engaged in child care shall have special parental
Family Code, if the child is living in their authority and responsibility over the minor
company. Thus, the parents are not liable if their child while under their supervision, instruction
child is presently living with a relative under an or custody.
informal adoption arrangement.
Authority and responsibility shall apply to all
j.1. Discuss Exconde v. Capuno, GR authorized activities whether inside or outside
No. L-10134, 29 June 1957. the premises of the school, entity or institution.
(349a)
j.2. Discuss Salen v. Balce, G.R. No.
L-14414, 27 April 1960.
This authority and responsibility is not limited to
j.3. Discuss Libi v. Intermediate just inside the school but anywhere where the
Appellate Court, G.R. No. 70890, activities that the child partakes in are authorized.
September 18, 1992. ||

○ For example, a field trip. In this activity,

the children are still under the authority
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 and responsibility of the school and the – Refers to the legal responsibility of some person
teacher. or organization to perform some of the functions
or responsibilities of a parent.
○ Examples of different institutions engaged
in child care are daycare centers and
nurseries.
➔ Parental Authority
NOTE: When a student enrolls, a contract is
entered into between him and the school. Under Known in Roman law as patria potestas, is
this contract, the school is supposed to ensure that defined as “the mass of rights and obligations
adequate steps are taken to provide an atmosphere which parents have in relation to the person and
conducive to study and ensure the safety of the property of their children, until their majority age
student while inside its premises (Saludaga v. or emancipation, and even after this under certain
FEU, G.R. No. 179337, April 30, 2008). Thus, circumstances.”
any quasi-delict committed by the school’s Pursuant to the natural right and duty of parents
employee against the student is also actionable over the person and property of their
under breach of contractual obligations. unemancipated children, parental authority and
m. What is special parental authority? responsibility shall include the caring for and
rearing of such children for civic consciousness
➔ Special Parental Authority and efficiency and the development of their
moral, mental and physical character and
Special Parental Authority is the parental well-being. (Exec. Order No. 209, Family Code of
authority given by law to schools or the Philippines (1987), as amended, art. 209)
individuals, entities or institutions engaged in
child care. This means that the natural right ➔ Who exercises Special Parental
and duty of the natural parents are specially Authority?
granted to these entities for the children’s
physical preservation and development, since Under Article 218 of the Family Code, the
they are considered the 2nd parents of children following shall have special parental authority
within their premises or they’re exercising in over a minor child while under their
loco parentis; supervision, instruction or custody:

The Special Parental Authority is not just the 1. the school, its administrators and teachers;
authority given to the subjects that concern it, but or
also is a way to ensure that the people under 2. the individual, entity or institution engaged
the child’s care will be liable to whatever in child care.
happens to the child. This special parental authority and responsibility
○ Principal Parental Authority, Substitute applies to all authorized activities, whether inside
Parental Authority, and Special Parental or outside the premises of the school, entity or
Authority. institution.

NOTES: Thus, such authority and responsibility applies to

➔ Loco Parentis field trips, excursions and other affairs of the
– As a substitute parent. pupils and students outside the school premises
– A Latin term meaning “in [the] place of a whenever authorized by the school or its teachers.
parent” or “instead of a parent.” n. Discuss Article 219 of the Family Code

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 Art. 219. Those given the authority and AUTHORITY AUTHORITY
responsibility under the preceding Article shall
It is exercised in case It is exercised
be principally and solidarily liable for damages
of death, absence, or concurrently with the
caused by the acts or omissions of the insuitability of parental authority of
unemancipated minor. The parents, judicial parents. Hence, it is the parents and rest on
guardians or the persons exercising substitute not exercised by the the theory that while
parental authority over said minor shall be parents of parental the child is in the
subsidiarily liable. authority over the custody of the person
minor children. exercising special
The respective liabilities of those referred to in parental authority, the
the preceding paragraph shall not apply if it is parents temporarily
relinquish parental
proved that they exercised the proper
authority over the
diligence required under the particular child
circumstances.

All other cases not covered by this and the NOTES:

preceding articles shall be governed by the Vicarious liability of other persons exercising
provisions of the Civil Code on quasi-delicts. parental authority
(n)
Art. 216. In default of the parents or a
judicially appointed guardian, substitute parental
Under Article 219 of the Family Code, if the
authority shall be exercised by the following
person under custody is a minor, those exercising
persons in the order indicated:
special parental authority are principally and
solidarily liable for the damage caused by the 1. Surviving grandparents;
acts or omissions of the unemancipated minor
while under their supervision, instruction, or 2. Oldest sibling, over 21 years old unless
custody. unfit or unqualified; or

In the same Family Code, Article 219 provides 3. Child’s actual custodian, over 21 years
those given the authority and responsibility under old unless unfit or disqualified (FC, Art.
the preceding article 218, that establishes special 216).
authority to teachers and school administrators:
o. What does principal liability for
“They shall be principally and solidarily liable for damages mean?
damages caused by the acts or omissions of the
○ Refers to an obligation for which a party is
unemancipated minor.”
directly responsible;
For students below eighteen (18) years old,
○ The person primarily liable has sufficient
their parents, judicial guardians, or person
assets;
exercising such substitute parental authority
over the said minor shall be subsidiarily liable. ○ An obligation to repay which is not
conditioned upon an unsuccessful prior
DISTINCTION BETWEEN SUBSTITUTE
demand on another party;
PARENTAL AUTHORITY AND SPECIAL
PARENTAL AUTHORITY ○ Primary liability means the liability of a
person based on that person’s role as the most
SUBSTITUTE SPECIAL
direct or main perpetrator of a tort or crime.
PARENTAL PARENTAL

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p. What does subsidiary liability mean?

○ The term “subsidiarily liable” as used in R.A.

No. 6640 means “secondarily liable.”
Secondary liability is a personal liability
which attaches when the remedy against one
primarily liable has been exhausted, and which
may be satisfied from all assets of one
secondarily liable;

○ Arising after the employee’s guilt;

○ The subsidiary liability of parent’s arising

from the criminal acts of their minor children
who acted with discernment is determined
under the provisions of Article 2180, N.C.C.
and under Article 101 of the Revised Penal
Code, because to hold that the former only
covers obligations which arise from
quasi-delicts and not obligations which arise
from criminal offenses, would result in the
absurdity that while for an act where mere
negligence intervenes the father or mother
may stand subsidiarily liable for the damages
caused by his or her son, no liability would
attach if the damage is caused with criminal
intent.’ (3 SCRA 361-362).

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