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Torts PDF
Torts PDF
Torts PDF
215
Classes of Torts:
A. Negligent Torts
B. Intentional Torts
C. Strict Liability
NEGLIGENCE
The omission of that degree of
diligence which is required by the
nature of the obligation and
corresponding to the circumstances
of persons, time and place. (Article
1173 Civil Code)
Kinds of Negligence:
1. Culpa Contractual (contractual
negligence)
Governed
by
CC
provisions
on
Obligations
and
Contracts,
particularly
Arts.
1170 to 1174 of the
Civil Code.
2. Culpa Aquiliana (quasi-delict)
Governed mainly by Art. 2176 of the
Civil Code
3. Culpa Criminal (criminal negligence)
Governed by Art. 365 of the Revised
Penal Code.
NOTES:
The 3 kinds of negligence furnish
separate, distinct, and independent
bases of liability or causes of action.
A single act or omission may give rise
to two or more causes of action.
Culpa Contractual
Culpa Aquiliana
The foundation of
the liability of the
defendant
is the contract
It is a separate
source of obligation
independent
of
contract
A. NEGLIGENT TORTS
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)
216
In breach of contract
committed through
the negligence of
employee,
the
employer
cannot
erase his primary and
direct liability by
invoking exercise of
diligence of a good
father of a family in
the selection and
supervision of the
employee.
In quasi-delict the
presumptive
responsibility for the
negligence of his
servants can be
rebutted by proof of
the exercise of due
care in their selection
and supervision.
Culpa Aquiliana
Crime
QUASI-DELICT
Whoever by act or omission causes
damage to another, there being fault
or negligence is obliged to pay for
the damage done. (Article 2176 Civil
Code)
Calculation of Risk
Interests are to be balanced only in
the sense that the purposes of the
actor, the nature of his act and the
harm that may result from action or
inaction are elements to be
considered.
Circumstances
to
consider
in
determining negligence: (PEST-GAP)
1. Time
2. Place
3. Emergency
Emergency rule
GENERAL RULE: An individual who
suddenly finds himself in a situation
of danger and is required to act
without much time to consider the
best means that may be adopted to
avoid the impending danger is not
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)
217
4. Nature of activity
There are activities which by
nature impose duties to exercise
a higher degree of diligence.
Examples:
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)
218
5. Intoxication
GENERAL RULE: Mere intoxication is
not negligence, nor does the mere fact
of intoxication establish want of ordinary
care. But it may be one of the
circumstances to be considered to prove
negligence.
EXCEPTION: Under Art. 2185 of the
Civil Code, it is presumed that a person
driving a motor vehicle has been
negligent if at the time of the mishap,
he was violating any traffic regulation.
6. Insanity
The insanity of
a person does
not excuse him
or his guardian
from liability
based on quasidelict.
Bases
for
holding
an
insane person
liable for his
tort:
a.Where one of two innocent persons
must suffer a loss, it should be
borne by the one who occasioned
it.
b. To induce those interested in the
estate of the insane person to
restrain and control him.
c.The fear that an insanity would
lead to false claims of insanity
and avoid liability.
7. Women
In
determining
the
question of contributory
negligence in performing
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)
219
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)
220
person
injured;
absence
explanation by the defendant.
of
AFFIRMATIVE
DUTIES
AND
MISCELLANEOUS ACTIVITIES:
1. Duty to Rescue
A. Duty to the rescuer
The defendants are liable for
the injuries to persons who
rescue people in distress
because of the acts or
omissions
of
the
said
defendants.
There is liability to the
rescuer and the law does not
discriminate between the
rescuer oblivious to the peril
and the one who counts the
costs.
The risk of rescue, if only not
wanton, is born of the
occasion.
One who was hurt trying to
rescue another who was
injured through negligence
may
recover
damages.
(Santiago vs. De leon CA-GR
No.16180-R March 21, 1960)
Danger of personal injury or
death.
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)
221
B. Duty to rescue
GENERAL RULE: There is no general
duty to rescue; a person is not liable for
quasi-delict even if he did not help a
person in distress.
EXCEPTIONS: A limited duty to rescue
is imposed in certain cases:
Abandonment of persons in danger and
abandonment of ones own victim is
considered, under certain circumstances
as a crime against security (Article 275
RPC); and
No driver of a motor vehicle concerned
in a vehicular accident shall leave the
scene of the accident without aiding the
victim unless he is excused from doing
so. (Section 55 RA 4136 [Land
Transportation and traffic Code])
2. Owners, Proprietors and Possessors
of Property
GENERAL RULE: The owner has no duty
to take reasonable care towards a
trespasser for his protection or even to
protect him from concealed danger.
NOTE: Damage to any person resulting
from the exercise of any rights of
ownership is damage without injury
(Damnum absque injuria)
EXCEPTIONS:
a. Visitors and tolerated possession
Owners
of
buildings
or
premises owe duty of care to
visitors.
b. Doctrine of Attractive Nuisance
One who maintains on his
premises dangerous instrumentalities
or appliances of a character likely to
attract children in play, and who
fails to exercise ordinary care to
prevent children from playing
therewith or resorting thereto, is
liable to a child of tender years who
is injured thereby, even if the child
is technically a trespasser in the
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
The owner of a thing has no right
to prohibit the interference of
another with the same if the
interference is necessary to avert
imminent danger and the threatened
damage, compared to the damage
arising to the owner from the
interference, is much greater.
(Article 432 Civil Code)
It is also a recognized justifying
circumstance under the RPC.
In both the Civil Code and the
RPC, the owner may demand from
the person benefited, indemnity for
the damages.
Use of properties that injures another
An owner cannot use his property
in such a manner as to injure the
rights of others. (Article 431
Civil Code).
Hence the exercise of the right
of the owner may give rise to an
action based on quasi-delict if
the owner negligently exercises
such right to the prejudice of
another.
Liability of Proprietors of buildings
New Civil Code include provisions
that apply to proprietors of a
building or structure which
involve affirmative duty of due
care in maintaining the same:
Articles 2190 and 2191.
Third persons who suffered
damages may proceed only
against the engineer or architect
or contractor if the damage
referred to in Articles 2190 and
2191should be a result of any
defect in construction.
Nevertheless,
actions
for
damages can still be maintained
under Article 2176 for damages
resulting
from
proprietors
failure to exercise due care in
the maintenance of his building
and that he used his property in
such a way that he injured the
property of another.
3. Employers and Employees
A. Employers
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)
222
A. STANDARD OF CARE
The
proper
standard
is
whether, the physician if a
general
practitioner,
has
exercised the degree of care
and skill of the average
qualified practitioner, taking
into account the advances in
the profession.
A physician who holds himself
out as a specialist should be
held to the standard of care
and skill of the average
member of the profession
practicing the specialty, taking
into account the advances in
the profession.
B. THE CAPTAIN OF THE SHIP DOCTRINE
The head surgeon is made
liable for everything that goes
wrong within the four corners
of the operating room.
It enunciates the liability of
the surgeon not only for the
wrongful acts of those under
his physical control but also
those wherein he has extension
of control.
C. NOT WARRANTORS
Physicians are not warrantors
of cures or insurers against
personal injuries or death of
the patient.
D. PROOF
Expert testimony should be
offered to prove that the
circumstances are constitutive
of conduct falling below the
standard of care employed by
other physicians in good
standing when performing the
same operation.
Medical malpractice can also
be established by relying on
the doctrine of res ipsa
loquitor; in which case the
need of expert testimony is
dispensed with because the
injury itself provides the proof
of negligence. (Ramos vs. CA,
GR No.124354, December 29,
1999)
Example: The doctrine was
applied in a case of removal of
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)
223
completely
recovery
B. Partial mitigates liability
bars
1. PLAINTIFFS
CONDUCT
AND
CONTRIBUTORY NEGLIGENCE
a. Plaintiffs own negligence as the
proximate cause
When the plaintiffs own negligence
was the immediate and proximate
cause of his injury, he cannot
recover damages. (Article 2179
Civil Code)
b. Contributory negligence
Conduct on the part of the injured
party contributing as a legal cause
to the harm he has suffered which
falls below the standard to which
he is required to conform for his
own protection. (Valenzuela vs. CA
253SCRA303)
If the plaintiffs negligence was
only contributory, the immediate
and proximate cause of the injury
being the defendants lack of due
care, the plaintiff may recover
damages but the courts shall
mitigate the damages to be
awarded (Article 2179 Civil Code).
Doctrine
of
Comparative
Negligence
The
relative degree of negligence of
the parties is considered in
determining whether and to what
degree,
either
should
be
responsible for his negligence
(apportionment of damages).
This
is
the doctrine being applied in our
jurisdiction
wherein
the
contributory negligence of the
plaintiff does not completely bar
recovery but merely results in
mitigation of liability; it is a partial
defense.
The
court is free to determine the
extent of the mitigation of the
defendants liability depending
upon the circumstances.
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)
224
2. IMPUTED
CONTRIBUTORY
NEGLIGENCE
Negligence is imputed if the actor is
different from the person who is
being made liable.
The defendant will be subject to
mitigated liability even if the
plaintiff was not himself personally
negligent but because the negligence
of another is imputed to the
plaintiff.
It is applicable if the negligence was
on the part of the person for whom
the plaintiff is responsible, and
especially, by negligence of an
associate in the transaction where he
was injured.
4. ASSUMPTION OF RISK
Volenti non fit injuria: One is not
legally injured if he has consented
to the act complained of or was
willing that it should occur.
It is a complete defense.
Elements:
3. FORTUITOUS EVENTS
Essential requisites:
a. The cause of the unforeseen and
unexpected occurrence, or of the
failure of the
debtor to comply
with his obligation, must be
independent of the human will;
b. It must be impossible to foresee
the event which constitutes the
caso fortuito, or if it can be
foreseen, it must be impossible to
avoid;
c. The occurrence must be such as to
render it impossible for the debtor
to fulfill his obligation in a normal
manner; and
d. The obligor must be free from any
participation in the aggravation of
the injury resulting to the creditor.
NOTE: When an act of God concurs
with the negligence of defendant to
produce an injury, the defendant is
liable if the injury would not have
resulted but for his own negligent
conduct or omission. The whole
occurrence is humanized and removed
from the rules applicable to acts of
God. (NAPOCOR vs. CA [1993])
GENERAL RULE: It is a complete
defense and a person is not liable if
the cause of the damage is a fortuitous
event.
EXCEPTION: It is merely a partial
defense and the courts may mitigate
the damages if the loss would have
resulted in any event (Art. 2215(4)
Civil Code).
a. Express
waiver of
the right
to recover
There is assumption
of
risk
if
the
plaintiff, in advance
has expressly waived
his right to recover
damages
for
the
negligent act of the
defendant.
NOTE: A person cannot contract away his
right to recover damages resulting from
negligence. Such waiver is contrary to
public policy and cannot be allowed.
However, the waiver contemplated by
this prohibition is the waiver of the right
to recover before the negligent act was
committed.
If waiver was made after the cause
of action accrued, the waiver is valid and
may be construed as a condonation of
the obligation.
b. Implied
Assumptio
ns
i. Dangerous Conditions
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)
225
There
may
be
implied
assumption of risk if the plaintiff
entered into a contractual relation
with the defendant. By entering into
a relationship freely and voluntarily
where the negligence of the
defendant is obvious, the plaintiff
may be found to accept and consent
to it.
EXAMPLES:
a) The employees assume the
ordinary risks inherent in the
industry in which he is employed.
- As to abnormal risks, there
must be cogent and convincing
evidence of consent.
b) When a passenger boards a
common carrier, he takes the risks
incidental to the mode of travel he
has taken.
Persons
who
voluntarily
participate in dangerous activities
assume the risks which are usually
present in such activities.
EXAMPLE:
A
professional
athlete is deemed to assume the
risks of injury to their trade.
iv. Defendants negligence
7. INVOLUNTARINESS
It is a complete defense in quasidelict cases and the defendant is
therefore not liable if force was
exerted on him. (Aquino, Torts
and Damages)
EXAMPLE: When the defendant
was forced to drive his vehicle by
armed men. He was, at pain of
death, forced to drive at a very
fast clip because the armed men
were
escaping
from
the
policemen.
The
defendant
cannot be held liable, if a
bystander
is
hit
as
a
consequence.
CAUSATION
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)
226
Proximate Cause
That cause which in natural and
continuous sequence, unbroken
by any efficient intervening
cause, produces the injury,
without which the result would
not have occurred.
Remote Cause
That
cause
which
some
independent force merely took
advantage of to accomplish
something not the natural effect
thereof.
Nearest Cause
That cause which is the last link
in the chain of events; the
nearest in point of time or
relation.
Proximate
cause
is
not
necessarily the nearest cause
but that which is the procuring
efficient
and
predominant
cause.
Concurrent Causes
The actor is liable even
if
the
active
and
substantially
simultaneous operation
of the effects of a third
persons
innocent,
tortious or criminal act
is also a substantial
factor in bringing about
the harm so long as the
actors
negligent
conduct actively and
continuously operate to
bring about harm to
another. (Africa vs.
Caltex)
Where several causes
producing the injury are
concurrent and each is
an
efficient
cause
without which the injury
would
not
have
happened, the injury
may be attributed to all
or any of the causes and
recovery may be had
against any or all of the
responsible persons.
successive
negligent
acts or omissions of two
or
more
persons,
although
acting
independently, are in
combination the direct
and proximate cause of
a single injury to a third
person,
and
it
is
impossible to determine
what proportion each
contributed
to
the
injury, either of them is
responsible
for
the
whole
injury,
even
though his act alone
might not have caused
the entire injury; they
become
joint
tortfeasors
and
are
solidarily liable for the
resulting damage under
Article 2194 of the Civil
Code.
NOTE:
Primary cause remains the
proximate cause even if there is an
intervening
cause
which
merely
cooperated with the primary cause and
which did not break the chain of
causation.
Tests of Proximate Cause
Two-part test
1. Cause-in-fact Test
2. Policy Test
NOTE: In determining the proximate
cause of the injury, it is first necessary
to determine if the defendants
negligence was the cause-in-fact of the
damage to the plaintiff. (Cause-in-fact
test)
If
the
defendants negligence was not
the cause-in-fact, the inquiry
stops.
If it is, the
inquiry shifts to the question of limit
of the defendants liability. (Policy
test)
CAUSE-IN-FACT TESTS:
1. But-For Test
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)
227
Multiple causation
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)
228
dangerous
position.
3. Those involving
products
and
other
things
which
are
dangerous
because they are
defective.
Efficient Intervening Cause
One which destroys the causal
connection
between
the
negligent act and the injury and
thereby negatives liability.
There is NO efficient intervening
cause if the force created by the
negligent act or omission have
either:
1. Remained active itself, or
2. Created another force which
remained active until it directly
caused the result, or
3. Created a new active risk of
being acted upon by the active force
that caused the result.
EXAMPLE: The medical findings, show
that the infection of the wound by
tetanus was an efficient intervening
cause later or between the time Javier
was wounded to the time of his death.
(People vs. Rellin 77 Phil 1038)
NOTES:
A cause
is not an
interveni
ng cause
if it was
already
in
operatio
n at the
time the
negligent
act
is
committ
ed.
Foreseea
ble
interveni
ng causes
cannot
be
consider
ed
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)
229
sufficient
interveni
ng
causes.
The
intervent
ion
of
unforese
en
and
unexpect
ed cause
is
not
sufficient
to
relieve
the
wrongdo
er from
conseque
nces of
negligenc
e if such
negligenc
e
directly
and
proximat
ely
cooperat
es with
the
independ
ent
cause in
the
resulting
injury.
negligenc
e is not a
part
of
the
causal
set which
is a part
of
the
causal
chain.
3. Plaintiff
s
negligenc
e
was
preemptive
in
nature.
B. Compound Causes
CONTRIBUTORY NEGLIGENCE
A. Plaintiffs negligence is
the cause
Plaintiffs
negligence
is
not contributory
if it is necessary
and sufficient to
produce
the
result.
EXAMPLES:
1. Only the
plaintiff
was
negligent
.
2. Defendan
ts
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)
P
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v
e
d
u
p
230
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)
o
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231
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a
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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)
s
u
f
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232
n
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l
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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)
233
a
t
e
m
e
r
e
l
y
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r
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m
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)
c
a
u
s
e
.
N
o
r
e
c
o
v
e
r
y
c
a
n
b
e
h
a
d
.
(
A
q
u
i
n
o
,
T
o
r
t
s
a
n
d
D
234
D. Defendants Negligence
is the Only cause
Defendants negligence was
sufficient AND necessary to
bring about the injury.
However,
if
plaintiffs
negligence
increased
or
aggravated
the
resulting
damage or injury liability of
the defendant should also be
mitigated under contributory
negligence rule or under the
doctrine
of
avoidable
consequences.
Doctrine of Last Clear Chance or
Discovered Peril
The negligence of the plaintiff
does not preclude a recovery for
the negligence of the defendant
where it appears that the
defendant,
by
exercising
reasonable care and prudence,
might have avoided injurious
consequences to the plaintiff
notwithstanding the plaintiffs
negligence.
Alternative Views:
1. Prevailing view
CIVIL LAW COMMITTEE
Doctrine is applicable in
this jurisdiction.
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)
235
HUMAN RELATIONS
1. Principle of Abuse
(ART.19)
of
Rights
Elements:
a. Legal right or duty;
b. The right or duty is exercised in
bad faith; and
c. For the sole intent of prejudicing
or injuring another.
E
X
A
M
P
L
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)
E
:
If
t
h
e
p
ri
n
c
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p
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l
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s
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g
e
n
c
y
a
g
r
e
e
m
e
n
t
f
o
r
236
1
)
NOTE: This rule is a departure from the
traditional view that a person is not
liable for damages resulting from the
exercise of ones right.
2. Article 20 of the Civil Code
Speaks
of
the
general
sanction
for
all
other
provisio
ns
of
CIVIL LAW COMMITTEE
law
which
do not
especial
ly
provide
for their
own
sanction
.
NOTE: Article 20 does not distinguish;
the act may be done willfully or
negligently.
3. Acts contra bonus mores (Article 21
Civil Code)
Elements:
a. Act which is legal;
b. The act is contrary to morals, good
customs, public order or public
policy; and
c. The act is done with intent to injure.
NOTE: Damages are recoverable even if
no positive law was violated.
Kinds:
a. Breach of promise to marry
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)
237
b. Seduction without
promise to marry
breach
of
e. Trespass
Property
and
Deprivation
of
2 KINDS:
1)
Trespass
to
and/or
deprivation of real property
c. Sexual assault
d. Desertion by a spouse
EXAMPLE:
The defendant
who was landlord, was held liable
because he deprived the plaintiffs,
his tenants, of water in order to
force them to vacate the lot they
were cultivating. (Magbanua vs. IAC
137 SCRA 352)
3)
Disconnection of electricity
or gas service
The
right
to
disconnect
and
deprive
the
customer, who unreasonably fails to
pay his bills, of electricity should be
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)
238
Example:
If
a
company disconnects the electricity
service without prior notice as
required by the rules, the company
commits a tort under Article 21 NCC.
f.
g. Illegal Dismissal
h. Malicious Prosecution
An
action
for
damages
brought by one against
another whom a criminal
prosecution, civil suit, or
other legal proceeding has
been instituted maliciously
and without probable cause,
after the termination of such
prosecution,
suit
or
proceeding in favor of the
defendant therein.
The gist of the action is
putting legal process in force
regularly, for mere purpose of
vexation or injury. (Drilon vs.
CA [1997])
Elements:
1. The fact of the prosecution and
the further fact that the
defendant was himself the
prosecutor; and that the action
was finally terminated with an
acquittal;
2. That in bringing the action, the
prosecutor
acted
without
probable cause;
3. The prosecutor was actuated or
impelled by legal malice.
NOTES:
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)
239
i.
is
the
inexcusable intent to
injure, oppress, vex,
annoy or humiliate.
Presence of probable
cause signifies absence
of malice.
Absence
of
malice
signifies good faith on
the
part
of
the
defendant; good faith
may even be based on
mistake of law.
Acquittal
presupposes
that
a
criminal
information is filed in
court
and
final
judgment
rendered
dismissing the case;
nevertheless,
prior
acquittal may include
dismissal
by
the
prosecutor
after
preliminary
investigation.
(Globe
Mackay and Radio Corp.
vs. CA; Manila Gas Corp
vs. CA)
Public Humiliation
NOTES:
Under
Article
21,
damages
are
recovera
ble even
CIVIL LAW COMMITTEE
though
no
positive
law was
violated
.
An
action
can only
prosper
when
damage,
material
or
otherwis
e, was
suffered
by the
plaintiff
.
An
action
based
on
Articles
19-21
will be
dismisse
d if the
plaintiff
merely
seeks
recogn
ition.
Under
Articles
19 and
21, the
defenda
nt may
likewise
be
guilty of
a
tort
even if
he acted
in good
faith.
(Grand
Union
Superm
arket
vs.
Espino)
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)
240
NOTES:
GENERAL RULE: Right to privacy can
be invoked only by natural persons;
Juridical persons cannot invoke such
right because the entire basis of right to
privacy is an injury to the feelings and
sensibilities of a party, a corporation
would have no such ground.
EXCEPTION: Right against unreasonable
searches and seizure can be invoked by a
juridical entity.
the norm of an
ordinary person.
Four Types of Invasion of Privacy
a.
Intrusio
n upon plaintiffs seclusion or solitude
or into his private affairs
It is not limited to cases where
the defendant physically trespassed into
anothers property. It includes cases
when the defendant invades ones
privacy by looking from outside
(Example: peeping-tom).
GENERAL RULE: There is no invasion of
right to privacy when a journalist records
photographs or writes about something
that occurs in public places.
EXCEPTION: When the acts of the
journalist should be to such extent that
it constitutes harassment or overzealous
shadowing.
The freedom of the press has never
been construed to accord newsmen
immunity from tort or crimes committed
during the course of the newsgathering.
There is no intrusion when an
employer investigates an employee or
when the school investigates its student.
RA 4200 makes it illegal for any
person not authorized by all the parties
to any private communication to secretly
record such communication by means of
a tape recorder (Ramirez vs CA, Sept.
28, 1995)
Use of a telephone extension for
purposes of overhearing a private
conversation without authorization does
not violate RA 4200.
NOTE: There are instances where the
school might be called upon to exercise
its power over its student for acts
committed outside the school premises
and beyond school hours in the
following:
1.
In cases of violation of school
policies or regulations occurring in
connection with school sponsored
activity off-campus; or
2.
In cases where the misconduct of
the student involves his status as a
student or affects the good name
and reputation of the school.
b.
Publicat
ion of Embarrassing Private Facts
Requisites:
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)
241
PUBLIC FIGURE - A
person, who by his accomplishments,
fame or mode of living or by adopting a
profession or calling which gives the
public a legitimate interest in his doings,
his affairs and his character.
NOTE: Public figures, most especially
those holding responsible positions in
government enjoy a more limited right
to privacy compared to ordinary
individuals.
Defamation
1. As to gravamen of claim
The gravamen of The gravamen of
claim is not the claim is the reputareputational
harm tional harm
but
rather
the
embarrassment of a
person being made
into some-thing he is
not
2. As to publication
The statement should Publication
is
be actually made in satisfied if a letter is
public
sent to a third person
3. As to the defamatory character of the
statements
Defendant may still What is published
be held liable even if lowers the esteem in
the statements tells which the plaintiff is
something
good held
about the plaintiff
d.
Commer
cial appropriation of likeness
The unwarranted publication of a
persons name or the unauthorized
use of his photograph or likeness for
commercial purposes is an invasion
of privacy.
With respect to celebrities,
however, the right of publicity is
often treated as a separate right
that overlaps but is distinct from the
right of privacy. They treat their
names and likeness as property and
they want to control and profit
therefrom.
2. Interference with Family and other
relations
The gist of the tort is an interference
with one spouses mental attitude
toward the other and the conjugal
kindness
of
marital
relations
resulting in some actual conduct
which materially affects it.
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)
242
Test
in
determining
the
defamatory
character
of
the
imputation: A charge is sufficient if
the words are calculated to induce the
hearers to suppose and understand
that the person/s against whom they
were uttered were guilty of a certain
offense, or are sufficient to impeach
their honesty, virtue, or reputation, or
to hold the person/s up to public
ridicule.
Dissemination to a number of
persons
is
not
required,
communication to a single individual
is sufficient publication.
GENERAL RULE: Every defamatory
imputation is presumed to be
malicious, even if it be true, if no
good intention or justifiable motive
for making it is shown.
EXCEPTIONS:
1. A private communication
made by any person to another
in the performance of any legal,
moral or social duty; and
2. A fair and true report, made
in good faith, without any
comments or remarks, of any
judicial, legislative or other
official proceedings which are
not of confidential nature, or of
any statement, report, or speech
delivered in said proceedings or
of any other act performed by
public officers in the exercise of
their functions.
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)
243
Two
kinds
of
privileged
communication:
1) Absolutely privilege Those
which are not actionable even if
the author acted in bad faith.
2) Qualifiedly privilege not
actionable unless found to have
been
made
without
good
intention or justifiable motive.
B. Fraud
Elements of deceit
1)The defendant must have made
false representation to the
plaintiff
2)The representation must be one
of fact
3)The defendant must know that
the representation is false or be
reckless about whether it is false
4)The defendant must have acted
on the false representation
5)The
defendant
must
have
intended
that
the
false
representation should be acted
on
6)The plaintiff must have suffered
damage as a result of acting on
the false representation
Half-truths are
likewise included; it is actionable if
the withholding of that which is not
stated makes that which is stated
absolutely false.
Misrepresentati
on upon a mere matter of opinion is
not an actionable deceit.
C.
Physical injuries
Battery an intentional infliction
of a harmful or offensive bodily
contact; bodily contact is offensive if
it offends a reasonable persons
sense of dignity.
Assault intentional conduct by
one person directed at another
CIVIL LAW COMMITTEE
which
places
the
latter
in
apprehension of immediate bodily
harm or offensive act.
Includes bodily injuries causing
death.
Physical injuries which resulted
because of negligence or imprudence
is not included in Article 33; they are
already covered by Article 2176 of
the Civil Code.
3. Neglect of duty by police officers
(Article 34)
Subsidiary liability of cities and
municipalities, is imposed so that
they will exercise great care in
selecting conscientious and duly
qualified policemen and exercise
supervision over them in the
performance of their duties.
CIVIL LIABILITY ARISING FROM DELICT
Every person criminally liable for a
felony is also civilly liable. (Article
100 RPC)
The reason is because a crime has a
dual character: as an offense against
the State and against the private
person injured by it.
Dual character of crimes applies to
cases governed by special laws.
Example: violation of the BP 22
results in criminal and civil liability.
There is civil liability even if the
offense is a public offense, like in
bigamy.
Persons liable are the principal,
accomplice and accessories.
It includes restitution, reparation of
damages and indemnification of
consequential damages.
The rule on proximate cause in
quasi-delict cases is applicable to
cases involving civil liability arising
from delict. Art. 2202, NCC
Circumstances affecting Civil Liability
1. Justifying circumstances
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)
244
Damages to be adjudicated
may either be decreased or
increased depending on the presence
of
mitigating
or
aggravating
circumstances.
Effect of Death
A. DEATH AFTER FINAL JUDGMENT:
extinguishes criminal liability of the
person liable but will not extinguish
the civil liability.
B. DEATH BEFORE FINAL JUDGMENT:
GENERAL RULE: The defendant is
relieved from both criminal and civil
liability
arising
from
criminal
liability.
EXCEPTION: In case of libel and
physical
injuries
wherein
the
plaintiff initially opted to claim
damages in the criminal proceeding
can file another case under Article
33 of the Civil Code.
Effect of Pardon
Pardon does not erase civil liability.
While pardon removes the
existence of guilt so that in the
eyes of the law the offender is
deemed innocent and treated as
though he never committed the
offence, it does not operate to
remove all the effects of the
previous conviction.
DEFENDANTS IN TORT CASES
Concurrent Negligence or Acts
1. Joint Tort-feasors
All the persons who
command,
instigate,
promote,
encourage,
advice,
countenance,
cooperate in, aid, or
abet the commission of a
tort, or who approve of
it after it is done, if
done for their benefit;
they are each liable as a
principal, to the same
extent and in the same
manner as if they have
performed the wrongful
act themselves.
The responsibility of two
or more persons liable
CIVIL LAW COMMITTEE
for
quasi-delict
is
solidary (Article 2194
Civil Code); they are not
liable pro rata, they are
jointly and severally
liable for the whole
amount.
2. Motor vehicle mishaps
The owner is solidarily liable
with the driver, if the former,
who was in the vehicle, could
have, by the use of due
diligence,
prevented
the
misfortune. (Article 2184 Civil
Code)
Solidary liability is imposed on
the owner not because of his
imputed liability but because his
own omission is a concurring
proximate cause of the injury.
Vicarious Liability or Doctrine of
Imputed Negligence
A person is not only liable for
torts committed by himself, but
also for torts committed by
others with whom he has a
certain relation or for whom he
is responsible. (Article 2180 Civil
Code)
Exercise of diligence of a good
father of a family to prevent
damage is a defense.
Doctrine
of
Respondeat
Superior the liability is strictly
imputed, the employer is liable
not because of his act or
omission but because of the act
or omission of the employee;
employer cannot escape liability
by claiming that he exercised
due diligence in the selection or
supervision of the employee.
GENERAL RULE: Vicarious liability in
the Philippines is not governed by the
doctrine
of
respondeat
superior;
employers or parents are made liable not
only because of the negligent or
wrongful act of the person for whom
they are responsible but also because of
their own negligence:
1) Liability is imposed on the
employer because he failed to
exercise due diligence in the
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)
245
NOTES:
2. Guardians
For damage caused by
a. minors or incapacitated
persons
b. under their authority
c. living in their company
3. Owners and managers of
establishments
For damage caused by:
a) their employees
b) in the service of the branches in
which they are employed, or
c) on the occasion of their
functions
4. Employers
For
damages
cause by:
a) employees
and
household
helpers
b) acting within the scope of their
assigned tasks
c) even if the employer is not
engaged in any business or
industry
NOTES:
Liability of the employer can be
established by proving the existence
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)
246
of
an
employer-employee
relationship with the actor and the
latter caused the injury while
performing his assigned task or
functions.
The vicarious liability attaches only
when the tortuous conduct of the
employees relates to or is in the
course of his employment.
While the employer incurs no liability
when an employees conduct, act or
omission is beyond the range of
employment, a minor deviation from
the assigned task of an employee,
however does not affect the liability
of an employer. (Valenzuela vs. CA,
253 SCRA 303)
It is a defense that the employer
exercised proper diligence in the
selection
and
supervision
of
negligent employee.
5. State
For damage caused by:
a) a special agent
b) not when the damage has been
caused by the official to whom the
task done properly pertains
Public officers
who are guilty
of
tortuous
conduct
are
personally liable
for
their
actions.
6. Schools,
Teachers
and
Administrators
For damage caused by:
a) pupils
and
students
or
apprentices
b) in their custody
statutory basis:
if student is minor Art. 219, FC
if student is no longer a minor
Art. 2180, Civil Code
NOTES:
The
victim of negligence is likewise
required to exercise due care in
avoiding injury to himself.
Other Persons Vicariously Liable:
1. Innkeepers
and
Hotelkeepers
They are civilly liable
for crimes committed in
their establishments in
cases of violations of
statutes by them, in
default
of
persons
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)
247
criminally
liable.
(Article 102 Revised
Penal Code)
They are subsidiarily
liable
for
the
restitution of goods
taken by robbery or
theft within their houses
from guests lodging
therein, or for payment
of the value thereof,
provided that:
a.
The
innkeeper
was notified
in advance
of
the
deposit of
such goods
within the
inn; and
b.
The guest
shall have
followed
the
directions
which such
innkeeper
or
his
representati
ve
may
have given
with
respect to
the
care
and
vigilance
over
the
goods.
2. Partnership
b.
absolu
te
comm
unity
of
proper
ty
The
absolute
community
property
shall
be for liabilities
incurred
by
either spouses
by reason of
crime or quasidelict in case of
absence
or
insufficiency of
the
exclusive
property of the
debtor-spouse.
(Article
94
Family Code)
Payments shall
be
considered
advances to be
deducted from
the share of the
debtor
spouse
upon liquidation
of
the
community.
conjug
al
partne
rship
of
gains
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)
248
the
benefit
of
the
partners
hip, or
2) If one of
the
spouses
committ
ed
the
tort
while
performi
ng
a
business
or if the
act was
supposed
to
benefit
the
partners
hip.
c.
regim
e
of
separa
tion of
proper
ty
Each
spouse
is
responsible for his/her
separate obligation.
C. STRICT LIABILITY
When the person is made
liable independent of fault or
negligence upon submission of
proof
of
certain
facts
specified by law.
NOTE:
Strict liability tort can be
committed even if reasonable care was
exercised and regardless of the state of
mind of the actor at that time.
TYPES:
1. Animals
the
damage.
NOTES:
If
the
acts of a
third
person
cannot
be
foreseen
or
prevente
d, then
the
situation
is similar
to that
of force
majeure
and the
possessor
is
not
liable.
(Francisc
o, Torts
and
Damages
)
Art. 2183
is
applicabl
e
whether
the
animal is
domestic
,
domestic
ated, or
wild.
2. Falling objects
The head of a family that lives in a
building or a part thereof is responsible
for damages caused by things thrown or
falling from the same. (Article 2193 Civil
Code)
The term head of the
family is not limited to the
owner of the building, and it
may even include the lessee
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)
249
vs.
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)
250
5. Strict liability
Manufacturers
and
processors of foodstuffs,
drinks, toilet articles,
and similar goods, shall
be liable for death or
injuries caused by any
noxious
or
harmful
substances
used
although no contractual
relation exists. (Article
2187 Civil Code)
DEFENSES:
A. The
manufacturer,
builder,
producer, or importer shall not
be liable when it evidences:
1)
That it did not place the
product on the market
2)
That although it did
place the product on the market
such product had no defect
3)
That the consumer of
third party is solely at fault. (Article
97 Consumer Act)
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)
251
Requisites:
The
plaintiff should allege
and prove that:
1) The product was defective;
2) The product was manufactured
by the defendant;
3) The defective product was the
cause of his injury.
4 KINDS OF DEFECTIVE
PRODUCTS
1. manufacturing defect
2. design defect
3. presentation defect
4. absence of appropriate warning
BUSINESS TORTS
1. Interference of contracts
Elements:
a. existence of a valid contract
b. knowledge on the part of the third
person of the existence of the contract
c. interference of the third person
without legal justification.
The
existenc
e of a
contract
is
necessar
y
and
the
breach
must
occur
because
of
the
alleged
act
of
interfer
ence;
No
action
can be
maintai
ned
if
the
CIVIL LAW COMMITTEE
contract
is void.
Malice is
not
essentia
l.
Element
s
of
privileg
e
to
interfer
e
1)The defendants purpose is a
justifiable one, and
2)The actors employ no means of
fraud or deception which are
regarded as unfair.
Extent
of
Liability
:
A. Rule in Daywalt vs. La
Corporation 39PHIL587
Defendant
cannot be held liable for more than
the
amount
for
which
the
contracting party who was induced
to break the contract can be held
liable.
B. Rule under Article 2201
and 2202 Civil Code
1)
If
in bad faith: defendant is liable for
all
natural
and
probable
consequences of his act or omission,
whether the same is forseen or
unforeseen.
2)
If
in good faith: defandant is liable
only for consequences that can be
foreseen.
2. Interference with prospective
advantage
It is a tort committed when
there is no contract yet and
the defendant is only being
sued for inducing another not
to enter into a contract.
3. Unfair competition.
Unfair
Competition
agricultural, commercial,
industrial enterprises, or
labor, through the use
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)
in
or
in
of
252
DAMAGES
DAMAGE
Damage
Damages
Legal
invasion of
a
legal
right
Loss, hurt
or
harm
which
results
from
the
injury
The recompense
or
compensation
awarded for
the damage
suffered
NOTES:
A complaint for damages is a
personal action. (Baritua vs. CA, 267
SCRA 331)
Proof of pecuniary loss is necessary
to successfully
recover
actual
damages from the defendant. No
proof of pecuniary loss is necessary
in
case
of
moral,
nominal,
temperate, liquidated or exemplary
damages.
The assessment of such damages,
except liquidated ones, is left to the
discretion of the court according to
the circumstances of each case.
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)
253
A. ACTUAL
OR
COMPENSATORY
DAMAGES
Comprehends not only the value of
the loss suffered but also that of the
profits which the obligee failed to
obtain.
Classification:
1. Dano emergente loss of what a
person already possesses
2. Lucro cessante failure to
receive as a benefit that would
have pertained to him
NOTE: The latter type includes:
1.
Loss or impairment of
earning capacity in cases of
temporary
or
permanent
personal injury.
2.
Injury to the plaintiffs
business standing or commercial
credit.
Formula:
{2/3 x (80age of death)} x mo. Earnings x 12
2
NOTE:
Life expectancy is computed as
follows:
{ 2/3 x (80-age at death) }
Net earnings is the total of the
earnings less expenses necessary for
the creation of such earnings and
less living or other incidental
expenses.
Loss of profits
May be determined by considering
the average profit for the preceding
years multiplied by the number of
years during which the business was
affected by the wrongful act or
breach.
Attorneys fees
They are actual damages. It is due to
the plaintiff and not to the counsel.
Plaintiff must allege the basis of his
claim for attorneys fees in the
complaint; the basis should be one of
the 11 cases specified in Article 2208
of the Civil Code.
Interests
Award of interest in the concept of
actual and compensatory damages
actual damages.
The rate of interest, as well as the
accrual thereof is imposed as
follows:
1. When the obligation is breached
and it consist of payment of sum
of money, i.e., a loan or
forbearance of money:
a. The interest due should be
that which may have been
stipulated
in
writing;
furthermore, the interest
due shall itself earn legal
interest from the time it is
judicially demanded.
b. In the absence of stipulation,
the rate of interest shall be
12% per annum to be
computed from default, i.e.,
from judicial or extrajudicial demand under and
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)
254
Contributory
Negligence
Plaintiffs act or
omission occurs
before or at the
time of the act or
omission of the
defendant
B. MORAL DAMAGES
Includes physical suffering, mental
anguish, fright, serious anxiety,
CIVIL LAW COMMITTEE
C. NOMINAL DAMAGES
Nominal damages are adjudicated in
order that a right of the plaintiff,
which has been violated or invaded
by the defendant, may be vindicated
or recognized, and not for the
purpose of indemnifying the plaintiff
for any loss suffered by him.
(Article2221 Civil Code)
Small sums fixed by the court
without regard to the extent of the
harm done to the injured party.
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)
255
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.
E. LIQUIDATED DAMAGES
Those agreed upon by the parties in
a contract, to be paid in case of
breach thereof.
F. EXEMPLARY OR
CORRECTIVE
DAMAGES
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)