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TORTS & DAMAGES shall be regulated

COURSE SYLLABUS - by the precepts of the law which establishes them; and
1ST SEMESTER, SY 2016 2017 o as to what has not been foreseen,
JESS RAYMUND M. LOPEZ - by the provisions of this Book. (1090)

I. INTRODUCTION Art. 1159.

Obligations arising from contracts
A. Sources of obligations under Philippine law - have the force of law between the contracting parties and
- should be complied with in good faith. (1091a)
- Civil Code
o Articles 1156 to 1162, and 2176 Art. 1160.
Memorize: Articles 1157 and 2176 Obligations derived from quasi-contracts
shall be subject to the provisions of Chapter 1, Title XVII 1, of this Book. (n)
Art. 1156.
An obligation Art. 1161.
is a juridical necessity Civil obligations arising from criminal offenses
- to give, shall be governed by the penal laws,
- to do or subject to the provisions
- not to do. (n) - of Article 2177, and
- of the pertinent provisions of Chapter 2, Preliminary Title, on Human
Art. 1157. Obligations arise from: Relations, and
(1) Law; - of Title XVIII 2 of this Book, regulating damages. (1092a)
(2) Contracts;
(3) Quasi-contracts; Art. 1162.
(4) Acts or omissions punished by law; and Obligations derived from quasi-delicts
(5) Quasi-delicts. (1089a) shall be governed
- by the provisions of Chapter 2, Title XVII3 of this Book, and
Art. 1158. - by special laws. (1093a)
Obligations derived from law
are not presumed. Art. 2176.
Only those expressly determined Whoever by act or omission causes damage to another,
- in this Code or there being fault or negligence,
- in special laws is obliged to pay for the damage done.
are demandable, and

1 Title XVII. - EXTRA-CONTRACTUAL OBLIGATIONS - CHAPTER 1 QUASI-CONTRACTS

2 Damages

3 Quasi-delicts
 !2

Such fault or negligence, Simple imprudence

if there is no pre-existing contractual relation between the parties, consists in the lack of precaution
- is called a quasi-delict and displayed in those cases
- is governed by the provisions of this Chapter. (1902a) in which the damage impending to be caused
is not immediate nor the danger clearly manifest.
- Read: Report of the Code Commission, pp. 161 to 162
- Review: Causes of action (Rules of Court) xxx

B. Quasi-delict distinguished from other sources of II. QUASI-DELICT

obligations
A. Elements
- Quasi-delict v. Breach of contract
B. No Double Recovery Rule
- Quasi-delict v. Delicts
- Civil Code
o Revised Penal Code o Articles 1161, 2176 and 2177
Articles 100 and 365 Memorize Article 2177
Art. 1161.
Article 100. Civil liability of a person guilty of felony. - Civil obligations arising from criminal offenses
Every person shall be governed by the penal laws,
criminally liable for a felony subject to the provisions
is also civilly liable. - of Article 2177, and
- of the pertinent provisions of Chapter 2, Preliminary Title, on Human
Article 365. Imprudence and negligence. - Relations, and
xxx - of Title XVIII 4 of this Book, regulating damages. (1092a)

Reckless imprudence consists in voluntary, Art. 2176.

but without malice, Whoever by act or omission causes damage to another,
doing or falling to do an act there being fault or negligence,
from which material damage results is obliged to pay for the damage done.
by reason of inexcusable lack of precaution
on the part of the person performing of failing to perform such act, Such fault or negligence,
taking into consideration his if there is no pre-existing contractual relation between the parties,
- employment or occupation, - is called a quasi-delict and
- degree of intelligence, - is governed by the provisions of this Chapter. (1902a)
- physical condition and
- other circumstances regarding persons, time and place. Art. 2177.
Responsibility for fault or negligence

4 Damages
 !3

under the preceding article but such liability

is entirely separate and distinct from may be regulated by the courts,
the civil liability arising from negligence according to the circumstances. (1103)
under the Penal Code.
But the plaintiff cannot recover damages twice for the same act or omission of Art. 1173.
the defendant. (n) The fault or negligence of the obligor
consists in the omission of
C. Parties; nature of liability of joint tortfeasors that diligence which
- is required by the nature of the obligation and
- Civil Code - corresponds with the circumstances
o Articles 40 (as amended), 41, and 2194 o of the persons,
Memorize Article 2194 o of the time and
o of the place.
Art. 2194. When negligence shows bad faith,
The responsibility of two or more persons the provisions of Articles 11715 and 2201, paragraph 2 6,
who are liable for quasi-delict shall apply.
is solidary. (n)
If the law or contract
III. NEGLIGENCE does not state
the diligence which is to be observed in the performance,
A. Concept that which is expected of a good father of a family
shall be required. (1104a)
- Civil Code
o Articles 2178, 1172, 1173, and 1733 Art. 1174.
Memorize: Articles 1172 to 1174 Except
- in cases expressly specified by the law, or
Art. 2178. - when it is otherwise declared by stipulation, or
The provisions of Articles 1172 to 1174 - when the nature of the obligation requires the assumption of risk,
are also applicable to a quasi-delict. (n) no person shall be responsible
for those events
Art. 1172. - which could not be foreseen, or
Responsibility arising from negligence - which, though foreseen, were inevitable. (1105a)
in the performance of
every kind of obligation Art. 1733.
is also demandable, Common carriers,

5 Art. 1171. Responsibility arising from fraud is demandable in all obligations. Any waiver of an action for future fraud is void.

6 In case of fraud, bad faith, malice or wanton attitude, the obligor shall be responsible for all damages which may be reasonably attributed to the non-performance of
the obligation.
 !4

- from the nature of their business and - Rules of Court

- for reasons of public policy, o Rule 131, Sections 1, 2 and 3(d)
are bound to observe extraordinary diligence
in the vigilance over the goods and Section 1. Burden of proof. Burden of proof is the duty of a party
for the safety of the passengers transported by them, to present evidence on the facts in issue necessary to establish his
according to all the circumstances of each case. claim or defense by the amount of evidence required by law. (1a, 2a)

Such extraordinary diligence Section 2. Conclusive presumptions. The following are instances
in the vigilance over the goods of conclusive presumptions:
is further expressed in Articles 1734, 1735 7, and 1745, Nos. 5, 6, and 78, (a) Whenever a party has, by his own declaration, act, or omission,
while the extraordinary diligence for the safety of the passengers intentionally and deliberately led to another to believe a
is further set forth in Articles 1755 and 17569. particular thing true, and to act upon such belief, he cannot, in
any litigation arising out of such declaration, act or omission, be
B. Negligence as proximate cause permitted to falsify it:
(b) The tenant is not permitted to deny the title of his landlord at the
C. Proof of Negligence time of commencement of the relation of landlord and tenant
between them. (3a)

7Art. 1734. Common carriers are responsible for the loss, destruction, or deterioration of the goods, unless the same is due to any of the following causes only:
(1) Flood, storm, earthquake, lightning, or other natural disaster or calamity;
(2) Act of the public enemy in war, whether international or civil;
(3) Act of omission of the shipper or owner of the goods;
(4) The character of the goods or defects in the packing or in the containers;
(5) Order or act of competent public authority.

Art. 1735. In all cases other than those mentioned in Nos. 1, 2, 3, 4, and 5 of the preceding article, if the goods are lost, destroyed or deteriorated, common carriers
are presumed to have been at fault or to have acted negligently, unless they prove that they observed extraordinary diligence as required in Article 1733.

(5) That the common carrier shall not be responsible for the acts or omission of his or its employees;
(6) That the common carrier's liability for acts committed by thieves, or of robbers who do not act with grave or irresistible threat, violence or force, is dispensed with or
diminished;
(7) That the common carrier is not responsible for the loss, destruction, or deterioration of goods on account of the defective condition of the car, vehicle, ship, airplane
or other equipment used in the contract of carriage.

9Art. 1755. A common carrier is bound to carry the passengers safely as far as human care and foresight can provide, using the utmost diligence of very cautious
persons, with a due regard for all the circumstances.

Art. 1756. In case of death of or injuries to passengers, common carriers are presumed to have been at fault or to have acted negligently, unless they prove that they
observed extraordinary diligence as prescribed in Articles 1733 and 1755.
 !5

c. Republic Act No. 10913 [attached]

Section 3. Disputable presumptions. The following presumptions
are satisfactory if uncontradicted, but may be contradicted and d. Statutes and ordinances/administrative
overcome by other evidence: rules
xxx
(d) That a person takes ordinary care of his concerns; (iii) Dangerous weapons and substances

D. Presumption of Negligence - Civil Code

o Article 2188 (Memorize)
(i) Res ipsa loquitur
Art. 2188.
(ii) Violation of rules and statutes There is prima facie presumption of negligence
on the part of the defendant
a. Traffic rules (Memorize Articles 2184 and if the death or injury results from
2185) his possession of dangerous weapons or substances,
such as firearms and poison,
Art. 2184. except when the possession or use thereof
In motor vehicle mishaps, is indispensable in his occupation or business. (n)
the owner is solidarily liable with his driver,
if the former, IV. DEFENSES
who was in the vehicle,
could have, A. Plaintiffs negligence is the proximate cause of injury
by the use of the due diligence,
prevented the misfortune. - Civil Code
It is disputably presumed that a driver was negligent, o Article 2179 (Memorize)
if he had been found guilty of reckless driving or violating traffic regulations
at least twice within the next preceding two months. Art. 2179.
When the plaintiff's own negligence
If the owner was not in the motor vehicle, was the immediate and proximate cause of his injury,
the provisions of Article 2180 are applicable. (n) he cannot recover damages.
But if his negligence was only contributory,
Art. 2185. the immediate and proximate cause of the injury
Unless there is proof to the contrary, being the defendant's lack of due care,
it is presumed that a person driving a motor vehicle the plaintiff may recover damages,
has been negligent but the courts shall mitigate the damages to be awarded. (n)
if at the time of the mishap,
he was violating any traffic regulation. (n) B. Contributory negligence

b. Republic Act No. 10586, and implementing - Civil Code

rules and regulations [attached] o Article 2179 (Memorize)
(see above)
 !6

- Those who in the performance of their obligations are guilty of

C. Assumption of Risk o fraud, negligence, or delay, and
- those who in any manner
D. Last Clear Chance o contravene the tenor thereof,
are liable for damages. (1101)
E. Prescription
H. Emergency
- Civil Code
o Article 1146 I. Damnum absque injuria

Art. 1146.
The following actions V. VICARIOUS LIABILITY
must be instituted within four years:
(1) Upon an injury to the rights of the plaintiff; - Civil Code
(2) Upon a quasi-delict; o Articles 2180 to 2182 (Memorize)

F. Fortuitous Event Art. 2180.

The obligation imposed by Article 2176
- Civil Code is demandable
o Article 1174 (Memorize) not only for one's own acts or omissions,
Art. 1174. but also for those of persons for whom one is responsible.
Except
- in cases expressly specified by the law, or The father and,
- when it is otherwise declared by stipulation, or in case of his death or incapacity,
- when the nature of the obligation requires the assumption of risk, the mother,
no person shall be responsible are responsible for the damages
for those events caused by the minor children
- which could not be foreseen, or who live in their company.
- which, though foreseen, were inevitable. (1105a)
Guardians are liable for damages
G. Waiver caused by the minors or incapacitated persons who are
- under their authority and
- Civil Code - live in their company.
o Articles 6 and 1170
Art. 6. The owners and managers
Rights may be waived, of an establishment or enterprise
unless the waiver is are likewise responsible for damages
- contrary to law, public order, public policy, morals, or good customs, or caused by their employees
- prejudicial to a third person with a right recognized by law. (4a) - in the service of the branches in which the latter are employed or
- on the occasion of their functions.
Art. 1170.
 !7

Employers shall be liable for the damages in an action against him

caused by their employees and household helpers where a guardian ad litem shall be appointed. (n)
acting within the scope of their assigned tasks,
even though the former A. Parents and Guardians
are not engaged in any business or industry.
- Family Code (as amended by RA 6809)
The State o Articles 216 to 219, 221, 236
is responsible in like manner Art. 216.
when it acts through a special agent; In default of parents or a judicially appointed guardian,
but not when the damage has been caused the following person
by the official shall exercise substitute parental authority
to whom the task done properly pertains, over the child in the order indicated:
in which case what is provided in Article 2176
shall be applicable. (1) The surviving grandparent,
as provided in Art. 214;
Lastly, (2) The oldest brother or sister,
- teachers or over twenty-one years of age,
- heads of establishments of arts and trades unless unfit or disqualified; and
shall be liable for damages (3) The child's actual custodian,
caused by their over twenty-one years of age,
- pupils and students or unless unfit or disqualified.
- apprentices,
so long as they remain in their custody. Whenever the appointment
of a judicial guardian over
The responsibility treated of in this article the property of the child
shall cease when the persons herein mentioned becomes necessary,
prove that they observed the same order of preference
all the diligence of a good father of a family shall be observed. (349a, 351a, 354a)
to prevent damage. (1903a)
Art. 217.
Art. 2181. In case of
Whoever pays for the damage - foundlings, abandoned neglected or abused children and
caused by his dependents or employees - other children similarly situated,
may recover from the latter parental authority
what he has paid or delivered in satisfaction of the claim. (1904) shall be entrusted in summary judicial proceedings
to heads of
Art. 2182. - childrens homes,
If the minor or insane person causing damage - orphanages and
has no parents or guardian, - similar institutions duly accredited by the proper government agency.
the minor or insane person (314a)
shall be answerable with his own property
 !8

Art. 218.
- The school, Art. 236.
- its administrators and teachers, or Emancipation for any cause
- the individual, entity or institution engaged in child care shall terminate parental authority
shall have special parental authority and responsibility over the person and property of the child
over the minor child who shall then be qualified and responsible
while under their supervision, instruction or custody. for all acts of civil life.

Authority and responsibility B. Owners and Managers of Enterprises/Employers

shall apply to all authorized activities
whether inside or outside C. The State
the premises of the school, entity or institution. (349a)
D. Teachers and Heads of Establishments
Art. 219.
Those given the authority and responsibility - Family Code
under the preceding Article o Articles 218 and 219
shall be principally and solidarily liable for damages
caused by the acts or omissions of the unemancipated minor. E. Right to Reimbursement
- The parents,
- judicial guardians or F. Distinguished from subsidiary liability under the
- the persons exercising substitute parental authority over said minor Revised Penal Code
shall be subsidiarily liable.
- Revised Penal Code
The respective liabilities of those referred to in the preceding paragraph o Articles 102 and 103
shall not apply
if it is proved that they exercised Article 102. Subsidiary civil liability of innkeepers, tavernkeepers and
the proper diligence required proprietors of establishments. -
under the particular circumstances. In default of the persons criminally liable,
innkeepers, tavernkeepers, and any other persons or corporations
All other cases not covered shall be civilly liable
by this and the preceding articles for crimes committed in their establishments,
shall be governed by in all cases where
the provisions of the Civil Code on quasi-delicts. (n) a violation of
- municipal ordinances or
Art. 221. - some general or special police regulation
Parents and other persons exercising parental authority shall have been committed by them or their employees.
shall be civilly liable for the injuries and damages
caused by the acts or omissions of their unemancipated children Innkeepers
- living in their company and are also subsidiarily liable
- under their parental authority - for the restitution of goods
subject to the appropriate defenses provided by law. (2180(2)a and (4)a ) o taken by robbery or theft
 !9

o within their houses from guests lodging therein, or by the use of the due diligence,
- for the payment of the value thereof, prevented the misfortune.
provided that such guests It is disputably presumed that a driver was negligent,
shall have notified in advance if he had been found guilty of
- the innkeeper himself, or - reckless driving or
- the person representing him, - violating traffic regulations
o of the deposit of such goods within the inn; and at least twice within the next preceding two months.
shall furthermore have followed the directions
which such innkeeper or his representative may have given them If the owner was not in the motor vehicle,
with respect to the care and vigilance over such goods. the provisions of Article 2180 are applicable. (n)
No liability shall attach
in case of robbery with violence against or intimidation of persons Art. 2185.
unless committed by the innkeeper's employees. Unless there is proof to the contrary,
it is presumed that a person driving a motor vehicle
Article 103. Subsidiary civil liability of other persons. - has been negligent
The subsidiary liability established in the next preceding article if at the time of the mishap,
shall also apply to he was violating any traffic regulation. (n)
employers, teachers, persons, and corporations
engaged in any kind of industry Art. 2186.
for felonies committed Every owner of a motor vehicle
by their servants, pupils, workmen, apprentices, or employees in the discharge shall file with the proper government office
of their duties. a bond executed by a government-controlled corporation or office,
to answer for damages to third persons.
VI. PRIMARY LIABILITY The amount of the bond and other terms
shall be fixed by the competent public official. (n)
- Civil Code
o Articles 2183 to 2193, and 1723 (Memorize) Art. 2187.
Manufacturers and processors of
Art. 2183. - foodstuffs,
- The possessor of an animal or - drinks,
- whoever may make use of the same is responsible for the damage which it - toilet articles and
may cause, although it may escape or be lost. This responsibility shall - similar goods
cease only in case the damage should come from force majeure or from shall be liable for death or injuries
the fault of the person who has suffered damage. (1905) caused by any noxious or harmful substances used,
although no contractual relation exists
Art. 2184. between them and the consumers. (n)
In motor vehicle mishaps,
the owner is solidarily liable with his driver, Art. 2188.
if the former, There is prima facie presumption of negligence
who was in the vehicle, on the part of the defendant
could have, if the death or injury results
 !10

from his possession of dangerous weapons or substances, If damage referred to in the two preceding articles
such as firearms and poison, should be the result of any defect in the construction
except when the possession or use thereof mentioned in Article 1723,
is indispensable the third person suffering damages
in his occupation or business. (n) may proceed only against
the engineer or architect or contractor
Art. 2189. in accordance with said article,
Provinces, cities and municipalities within the period therein fixed. (1909)
shall be liable for damages
for the death of, or injuries suffered by, Art. 2193.
any person The head of a family
by reason of the defective condition of that lives in a building or a part thereof,
- roads, streets, bridges, public buildings, and is responsible for damages caused by
- other public works under their control or supervision. (n) things thrown or falling
from the same. (1910)
Art. 2190.
The proprietor of a building or structure Art. 1723.
is responsible for the damages The engineer or architect
resulting from its total or partial collapse, who drew up the plans and specifications for a building
if it should be due to the lack of necessary repairs. (1907) is liable for damages
if within fifteen years from the completion of the structure,
Art. 2191. Proprietors shall also be responsible for damages caused: the same should collapse
(1) By - by reason of a defect in those plans and specifications, or
- the explosion of machinery - due to the defects in the ground.
o which has not been taken care of with due diligence, and The contractor
- the inflammation of explosive substances is likewise responsible for the damages
o which have not been kept in a safe and adequate place; if the edifice falls,
within the same period,
(2) By excessive smoke, - on account of
which may be harmful to persons or property; o defects in the construction or
o the use of materials of inferior quality furnished by him, or
(3) By the falling of trees - due to any violation of the terms of the contract.
situated at or near highways or lanes,
if not caused by force majeure; If the engineer or architect supervises the construction,
he shall be solidarily liable with the contractor.
(4) By emanations from
tubes, canals, sewers or deposits of infectious matter, Acceptance of the building,
constructed without precautions after completion,
suitable to the place. (1908) does not imply waiver of any of the cause of action
by reason of any defect mentioned in the preceding paragraph.
Art. 2192.
 !11

The action must be brought o give everyone his due, and

within ten years o observe honesty and good faith.
following the collapse of the building. (n)
Art. 20.
A. Possessors/users of animals Every person who,
contrary to law,
B. Owners of Motor Vehicles wilfully or negligently causes damage to another,
shall indemnify the latter for the same.
- See Section III(D)(ii)(a) above.
Art. 21.
C. Manufacturers and Processors Any person who wilfully causes loss or injury
to another
D. Municipal Corporations in a manner that is contrary to
morals, good customs or public policy
- Republic Act No. 7160, Section 24 shall compensate the latter for the damage.

SECTION 24. Liability for Damages. B. Unjust Enrichment

Local government units and their officials
are not exempt from liability - Civil Code
for death or injury to persons or damage to property. o Articles 22 and 23 (Memorize)

E. Building Proprietors Art. 22.

Every person
F. Engineers/Architects/Contractors who through
- an act of performance by another, or
- any other means,
G. Strict liability torts o acquires or comes into possession of something
o at the expense of the latter
- Liability is imposed even without fault or negligence. o without just or legal ground,
shall return the same to him.
VII. SPECIAL TORTS (HUMAN RELATIONS)
Art. 23.
A. Abuse of Rights and acts contra bonus mores Even when an act or event
causing damage to another's property
- Civil Code was not due to the fault or negligence of the defendant,
o Articles 19 to 21 (Memorize) the latter shall be liable for indemnity
Art. 19. if through the act or event
Every person must, he was benefited.
- in the exercise of his rights and
- in the performance of his duties, C. Judicial Vigilance
o act with justice,
 !12

- Civil Code (1) Prying into the privacy of another's residence:

o Article 24 (Memorize) (2) Meddling with or disturbing the private life or family relations of another;
(3) Intriguing to cause another to be alienated from his friends;
Art. 24. (4) Vexing or humiliating another on account of his
In all contractual, property or other relations, - religious beliefs,
when one of the parties is at a disadvantage - lowly station in life,
on account of his - place of birth,
- moral dependence, - physical defect, or
- ignorance, - other personal condition.
- indigence,
- mental weakness, F. Dereliction of Duty
- tender age or
- other handicap, - Civil Code
the courts must be vigilant for his protection. o Article 27 (Memorize)

D. Thoughtless Extravagance Art. 27.

Any person suffering material or moral loss
- Civil Code because a public servant or employee
o Article 25 (Memorize) refuses or neglects,
without just cause,
Art. 25. to perform his official duty
Thoughtless extravagance in expenses may file an action for damages and other relief against
for pleasure or display the latter,
during a period of acute public want or emergency without prejudice to
may be stopped any disciplinary administrative action that may be taken.
by order of the courts
at the instance of any government or private charitable institution. G. Unfair Competition

E. Disrespect of Persons - Civil Code

o Article 28 (Memorize)
- Civil Code
o Article 26 (Memorize) Art. 28.
Unfair competition
Art. 26. - in agricultural, commercial or industrial enterprises or
Every person shall respect - in labor
the dignity, personality, privacy and peace of mind through the use of
of his neighbors and other persons. - force, intimidation, deceit, machination or
The following and similar acts, - any other unjust, oppressive or highhanded method
though they may not constitute a criminal offense, shall give rise to a right of action
shall produce a cause of action by the person who thereby suffers damage.
for damages, prevention and other relief;
 !13

H. Violation of Civil/Political Rights (18)Freedom from excessive fines, or cruel and unusual punishment, unless
the same is imposed or inflicted in accordance with a statute which has not
- Civil Code been judicially declared unconstitutional; and
o Article 32 (Memorize) (19) Freedom of access to the courts.

Art. 32. In any of the cases referred to in this article,

- Any public officer or employee, or whether or not the defendant's act or omission constitutes a criminal offense,
- any private individual, who directly or indirectly the aggrieved party has a right to commence
o obstructs, defeats, violates or in any manner an entirely separate and distinct civil action
o impedes or impairs for damages, and for other relief.
any of the following rights and liberties of another person Such civil action shall
shall be liable to the latter for damages: - proceed independently of any criminal prosecution
o (if the latter be instituted), and
(1) Freedom of religion; - must be proved by a preponderance of evidence.
(2) Freedom of speech;
(3) Freedom to write for the press or to maintain a periodical publication; The indemnity
(4) Freedom from arbitrary or illegal detention; shall include moral damages.
(5) Freedom of suffrage; Exemplary damages
(6)The right against deprivation of property without due process of law; may also be adjudicated.
(7) The right to a just compensation when private property is taken for public
use; The responsibility herein set forth
(8) The right to the equal protection of the laws; is not demandable from a judge
(9) The right to be secure in one's person, house, papers, and effects against unless his act or omission constitutes a violation
unreasonable searches and seizures; of the Penal Code or other penal statute.
(10) The liberty of abode and of changing the same;
(11) The privacy of communication and correspondence; VIII. TORTIOUS INTERFERENCE WITH CONTRACTUAL
(12) The right to become a member of associations or societies for purposes RELATIONS
not contrary to law;
(13) The right to take part in a peaceable assembly to petition the government - Civil Code
for redress of grievances; o Article 1314 (Memorize)
(14) The right to be free from involuntary servitude in any form;
(15) The right of the accused against excessive bail; Art. 1314.
(16) The right of the accused to be heard by himself and counsel, to be Any third person
informed of the nature and cause of the accusation against him, to have a who induces another to violate his contract
speedy and public trial, to meet the witnesses face to face, and to have shall be liable for damages to the other contracting party. (n)
compulsory process to secure the attendance of witness in his behalf;
(17) Freedom from being compelled to be a witness against one's self, or from IX. CIVIL LIABILITY ARISING FROM CRIMES
being forced to confess guilt, or from being induced by a promise of
immunity or reward to make such confession, except when the person - Rules of Court
confessing becomes a State witness; o Rule 111 - Prosecution of Civil Action
Section 1. Institution of criminal and civil actions.
 !14

(a) When a criminal action is instituted,

the civil action (b) The criminal action for violation of Batas Pambansa Blg. 22
for the recovery of civil liability shall be deemed to include
arising from the offense charged the corresponding civil action.
shall be deemed instituted with the criminal action No reservation
unless the offended party to file such civil action separately
- waives the civil action, shall be allowed.
- reserves the right to institute it separately or
- institutes the civil action prior to the criminal action. Upon filing of the aforesaid joint criminal and civil actions,
the offended party
The reservation of the right shall pay in full the filing fees based on the amount of the check involved,
to institute separately the civil action which shall be considered as the actual damages claimed.
shall be made Where the complaint or information
- before the prosecution starts presenting its evidence and also seeks to recover
- under circumstances affording the offended party liquidated, moral, nominal, temperate or exemplary damages,
o a reasonable opportunity to make such reservation. the offended party
shall pay additional filing fees
When the offended party based on the amounts alleged therein.
seeks to enforce civil liability against the accused If the amounts are not so alleged
by way of moral, nominal, temperate, or exemplary damages but any of these damages are subsequently awarded by the court,
without specifying the amount thereof the filing fees based on the amount awarded
in the complaint or information, shall constitute a first lien on the judgment.
the filing fees thereof
shall constitute a first lien on the judgment awarding such damages. Where the
- civil action has been filed separately and
Where the amount of damages, - trial thereof has not yet commenced,
other than actual, it may be consolidated with the criminal action
is specified in the complaint or information, upon application with the court trying the latter case.
the corresponding filing fees If the application is granted,
shall be paid by the offended party the trial of both actions
upon the filing thereof in court. shall proceed in accordance with Section 2 of this Rule
governing consolidation of the civil and criminal actions. (cir. 57-97)
Except as otherwise provided in these Rules,
no filing fees shall be required for actual damages. Section 2. When separate civil action is suspended.
After the criminal action has been commenced,
No counterclaim, cross-claim or third-party complaint the separate civil action arising therefrom
may be filed by the accused cannot be instituted
in the criminal case, until final judgment has been entered
but any cause of action in the criminal action.
which could have been the subject thereof
may be litigated in a separate civil action. (1a) If the criminal action is filed
 !15

after the said civil action has already been instituted, In the cases provided for
the latter shall be suspended in Articles 32, 33, 34 and 2176 of the Civil Code of the Philippines,
in whatever stage it may be found the independent civil action
before judgment on the merits. may be brought by the offended party.
The suspension shall last It
until final judgment is rendered in the criminal action. - shall proceed independently of the criminal action and
Nevertheless, - shall require only a preponderance of evidence.
before judgment on the merits is rendered in the civil action, In no case,
the same may, however,
upon motion of the offended party, may the offended party recover damages twice
be consolidated with the criminal action for the same act or omission
in the court trying the criminal action. charged in the criminal action. (3a)
In case of consolidation,
the evidence already adduced in the civil action Section 4. Effect of death on civil actions.
shall be deemed automatically reproduced The death of the accused
in the criminal action after arraignment and during the pendency of the criminal action
without prejudice to the right shall extinguish the civil liability arising from the delict.
- of the prosecution to cross-examine the witnesses However,
o presented by the offended party in the criminal case and the independent civil action
- of the parties to present additional evidence. - instituted under section 3 of this Rule or
The consolidated criminal and civil actions - which thereafter is instituted to enforce liability
shall be tried and decided jointly. o arising from other sources of obligation
may be continued
During the pendency of the criminal action, - against the estate or legal representative of the accused after proper
the running of the period of prescription of the civil action substitution or
- which cannot be instituted separately or - against said estate,
- whose proceeding has been suspended as the case may be.
shall be tolled. (n) The heirs of the accused
may be substituted for the deceased
The extinction of the penal action without requiring the appointment of an executor or administrator and
does not carry with it extinction of the civil action. the court may appoint
However, a guardian ad litem
the civil action based on delict for the minor heirs.
shall be deemed extinguished
if there is a finding The court shall forthwith order
in a final judgment in the criminal action said legal representative or representatives to
that the act or omission appear and be substituted
from which the civil liability may arise within a period of thirty (30) days from notice.
did not exist. (2a)
A final judgment entered in favor of the offended party
Section 3. When civil action may proceeded independently. shall be enforced
 !16

in the manner especially provided in these rules Such action requires only a preponderance of evidence.
for prosecuting claims against the estate of the deceased. Upon motion of the defendant,
the court may require the plaintiff
If the accused dies before arraignment, to file a bond to answer for damages
the case shall be dismissed without prejudice to any civil action in case the complaint should be found to be malicious.
the offended party may file against the estate of the deceased. (n)
If in a criminal case
Section 5. Judgment in civil action not a bar. the judgment of acquittal is based upon reasonable doubt,
A final judgment rendered in a civil action the court shall so declare.
absolving the defendant from civil liability In the absence of any declaration to that effect,
is not a bar to a criminal action against the defendant it may be inferred from the text of the decision
for the same act or omission whether or not the acquittal is due to that ground.
subject of the civil action. (4a)
Art. 30.
Section 6. Suspension by reason of prejudicial question. When a separate civil action is brought
A petition for suspension of the criminal action to demand civil liability arising from a criminal offense, and
based upon the pendency of a prejudicial question in a civil action no criminal proceedings are instituted
may be filed in during the pendency of the civil case,
- the office of the prosecutor or a preponderance of evidence shall likewise be sufficient
- the court conducting the preliminary investigation. to prove the act complained of.
When the criminal action has been filed in court for trial,
the petition to suspend Art. 31.
shall be filed in the same criminal action When the civil action is based
at any time before the prosecution rests. (6a) on an obligation not arising
from the act or omission complained of as a felony,
Section 7. Elements of prejudicial question. such civil action may proceed
The elements of a prejudicial question are: - independently of the criminal proceedings and
(a) the previously instituted civil action - regardless of the result of the latter.
involves an issue similar or intimately related
to the issue raised in the subsequent criminal action, and Art. 33.
(b) the resolution of such issue In cases of defamation, fraud, and physical injuries
determines whether or not the criminal action may proceed. (5a) a civil action for damages,
entirely separate and distinct from the criminal action,
- Civil Code may be brought by the injured party.
o Articles 29 to 31, and 33 to 36 (Memorize) Such civil action
Art. 29. - shall proceed independently of the criminal prosecution, and
When the accused in a criminal prosecution is acquitted - shall require only a preponderance of evidence.
on the ground that his guilt has not been proved beyond reasonable doubt,
a civil action for damages Art. 34.
for the same act or omission When a member of a city or municipal police force
may be instituted. refuses or fails
 !17

to render aid or protection - which shall not be in conflict with the provisions of this Code.
to any person
in case of danger to life or property, X. DAMAGES
- such peace officer shall be primarily liable for damages, and
- the city or municipality shall be subsidiarily responsible therefor. A. In General
The civil action herein recognized
shall be independent of any criminal proceedings, and - Civil Code
a preponderance of evidence shall suffice to support such action. o Articles 2195, 2197, and 2198
Memorize: Article 2197
Art. 35.
When a person, Art. 2195.
claiming to be injured by a criminal offense, The provisions of this Title
charges another with the same, shall be respectively applicable
for which no independent civil action is granted to all obligations mentioned in Article 1157.
in this Code or any special law,
but Art. 2197. Damages may be:
- the justice of the peace finds no reasonable grounds to believe that a (1) Actual or compensatory; (2) Moral; (3) Nominal; (4) Temperate or
crime has been committed, or moderate; (5) Liquidated; or (6) Exemplary or corrective.
- the prosecuting attorney refuses or fails to institute criminal proceedings,
the complaint Art. 2198.
may bring a civil action for damages The principles of the general law on damages
against the alleged offender. are hereby adopted
insofar as they are not inconsistent with this Code.
Such civil action
may be supported by a preponderance of evidence.
Upon the defendant's motion, B. Actual Damages
the court may require the plaintiff
to file a bond to indemnify the defendant - Civil Code
in case the complaint should be found to be malicious. o Articles 2199 to 2202, 2204 to 2213
o Bangko Sentral ng Pilipinas Circular No. 799, series of
If during the pendency of the civil action, 2013 [attached]
an information should be presented by the prosecuting attorney, Memorize: Articles 2199, 2200, 2201, 2202,
the civil action shall be suspended 2204, 2205, and 2208
until the termination of the criminal proceedings.
Art. 2199.
Art. 36. Except as provided by law or by stipulation,
Pre-judicial questions one is entitled to an adequate compensation
which must be decided before any criminal prosecution only for such pecuniary loss suffered by him
may be instituted or may proceed, as he has duly proved.
shall be governed by rules of court Such compensation is referred to
- which the Supreme Court shall promulgate and as actual or compensatory damages.
 !18

in cases of temporary or permanent personal injury;

Art. 2200.
Indemnification for damages (2) For injury to the plaintiff's
shall comprehend not only - business standing or
- the value of the loss suffered, but also that of - commercial credit.
- the profits which the obligee failed to obtain. (1106)
Art. 2206.
Art. 2201. The amount of damages for death
In contracts and quasi-contracts, caused by a crime or quasi-delict
the damages for which shall be at least three thousand pesos,
the obligor who acted in good faith even though there may have been mitigating circumstances.
is liable
shall be those In addition:
- that are the natural and probable consequences (1) The defendant shall be liable
o of the breach of the obligation, and for the loss of the earning capacity of the deceased, and
- which the parties have foreseen or could have reasonably foreseen the indemnity
o at the time the obligation was constituted. shall be paid to the heirs of the latter;
such indemnity shall
In case of fraud, bad faith, malice or wanton attitude, in every case
the obligor shall be responsible for all damages be assessed and awarded by the court,
which may be reasonably attributed unless the deceased
to the non-performance of the obligation. (1107a) on account of permanent physical disability not caused by the defendant,
had no earning capacity
Art. 2202. at the time of his death;
In crimes and quasi-delicts,
the defendant shall be liable for all damages (2) If the deceased was obliged to give support
which are the natural and probable consequences according to the provisions of Article 291,
of the act or omission complained of. the recipient who is not an heir
It is not necessary that such damages called to the decedent's inheritance
- have been foreseen or by the law of testate or intestate succession,
- could have reasonably been foreseen may demand support from the person causing the death,
by the defendant. for a period not exceeding five years,
the exact duration to be fixed by the court;
Art. 2204.
In crimes, (3) The spouse, legitimate and illegitimate descendants and ascendants of the
the damages to be adjudicated deceased
may be respectively increased or lessened may demand moral damages for mental anguish
according to the aggravating or mitigating circumstances. by reason of the death of the deceased.

Art. 2205. Damages may be recovered: Art. 2207.

(1) For loss or impairment of earning capacity If
 !19

- the plaintiff's property has been insured, and In all cases,

- he has received indemnity from the insurance company the attorney's fees and expenses of litigation
o for the injury or loss must be reasonable.
o arising out of the wrong or breach of contract complained of,
the insurance company Art. 2209.
shall be subrogated to the rights of the insured If
against the wrongdoer or the person who has violated the contract. - the obligation consists in the payment of a sum of money, and
If the amount paid by the insurance company - the debtor incurs in delay, the indemnity for damages,
does not fully cover the injury or loss, o there being no stipulation to the contrary,
the aggrieved party shall be the payment of the interest agreed upon, and
shall be entitled to recover the deficiency o in the absence of stipulation,
from the person causing the loss or injury. the legal interest, which is six per cent per annum. (1108)

Art. 2208. Art. 2210.

In the absence of stipulation, Interest may,
attorney's fees and expenses of litigation, in the discretion of the court,
other than judicial costs, be allowed upon damages awarded for breach of contract.
cannot be recovered,
except: Art. 2211.
(1) When exemplary damages are awarded; In crimes and quasi-delicts,
(2) When the defendant's act or omission has compelled the plaintiff interest as a part of the damages may,
- to litigate with third persons or in a proper case,
- to incur expenses to protect his interest; be adjudicated in the discretion of the court.
(3) In criminal cases of malicious prosecution against the plaintiff;
(4) In case of a clearly unfounded civil action or proceeding against the Art. 2212.
plaintiff; Interest due shall earn legal interest
(5) Where the defendant acted in gross and evident bad faith from the time it is judicially demanded,
in refusing to satisfy although the obligation may be silent upon this point. (1109a)
the plaintiff's plainly valid, just and demandable claim;
(6) In actions for legal support; Art. 2213.
(7) In actions for the recovery of wages of Interest cannot be recovered
household helpers, laborers and skilled workers; upon unliquidated claims or damages,
(8) In actions for indemnity under except when the demand
workmen's compensation and employer's liability laws; can be established with reasonably certainty.
(9) In a separate civil action to recover civil liability arising from a crime;
(10) When at least double judicial costs are awarded;
(11) In any other case C. Moral Damages
where the court deems it just and equitable
that attorney's fees and expenses of litigation - Civil Code
should be recovered. o Articles 2216 to 2220 (Memorize)
Art. 2216.
 !20

No proof of pecuniary loss is necessary (10)Acts and actions referred to in Articles 21, 26, 27, 28, 29, 30, 32, 34, and
in order that moral, nominal, temperate, liquidated or exemplary damages, 35.
may be adjudicated.
The assessment of such damages, The parents of the female
except liquidated ones, seduced, abducted, raped, or abused,
is left to the discretion of the court, referred to in No. 3 of this article,
according to the circumstances of each case. may also recover moral damages.

Art. 2217. The spouse, descendants, ascendants, and brothers and sisters
Moral damages include may bring the action mentioned
physical suffering, mental anguish, fright, serious anxiety, besmirched in No. 9 of this article,
reputation, wounded feelings, moral shock, social humiliation, and similar in the order named.
injury.
Though incapable of pecuniary computation, Art. 2220.
moral damages may be recovered Willful injury to property
if they are the proximate result of the defendant's wrongful act for omission. may be a legal ground for awarding moral damages
if the court should find that,
Art. 2218. under the circumstances,
In the adjudication of moral damages, such damages are justly due.
the sentimental value of property, The same rule applies
real or personal, to breaches of contract
may be considered. where the defendant acted fraudulently or in bad faith

Art. 2219.
Moral damages may be recovered D. Nominal Damages
in the following and analogous cases:
- Civil Code
(1) A criminal offense resulting in physical injuries; o Articles 2221 to 2223 (Memorize)
(2) Quasi-delicts causing physical injuries;
(3) Seduction, abduction, rape, or other lascivious acts; Art. 2221.
(4) Adultery or concubinage; Nominal damages are adjudicated
(5) Illegal or arbitrary detention or arrest; in order that a right of the plaintiff,
(6) Illegal search; which has been violated or invaded by the defendant,
(7) Libel, slander or any other form of defamation; may be vindicated or recognized, and
(8) Malicious prosecution; not for the purpose of indemnifying the plaintiff
(9) Acts mentioned in Article 309 10; for any loss suffered by him.

10Art. 309. Any person who shows disrespect to the dead, or wrongfully interferes with a funeral shall be liable to the family of the deceased for damages, material
and moral.
 !21

Art. 2222. Liquidated damages

The court may award nominal damages are those agreed upon
- in every obligation by the parties to a contract,
o arising from any source enumerated in Article 1157, or to be paid in case of breach thereof.
- in every case
o where any property right has been invaded. Art. 2227.
Liquidated damages,
Art. 2223. whether intended as an indemnity or a penalty,
The adjudication of nominal damages shall be equitably reduced
shall preclude further contest if they are iniquitous or unconscionable.
upon the right involved and all accessory questions,
as between Art. 2228.
- the parties to the suit, or When the breach of the contract
- their respective heirs and assigns. committed by the defendant
is not the one contemplated by the parties
E. Temperate Damages in agreeing upon the liquidated damages,
the law shall determine the measure of damages, and
- Civil Code not the stipulation.
o Articles 2224 to 2225 (Memorize)
G. Exemplary Damages
Art. 2224.
Temperate or moderate damages, - Civil Code
which are more than nominal o Articles 2229 to 2235 (Memorize)
but less than compensatory damages, Art. 2229.
may be recovered Exemplary or corrective damages are imposed,
when the court finds that by way of example or correction for the public good,
some pecuniary loss has been suffered in addition to the moral, temperate, liquidated or compensatory damages.
but its amount cannot,
from the nature of the case, Art. 2230.
be provided with certainty. In criminal offenses,
exemplary damages as a part of the civil liability
Art. 2225. may be imposed
Temperate damages when the crime was committed
must be reasonable under the circumstances. with one or more aggravating circumstances.
Such damages
F. Liquidated Damages - are separate and distinct from fines and
- shall be paid to the offended party.
- Civil Code
o Articles 2226 to 2228 (Memorize) Art. 2231.
In quasi-delicts,
Art. 2226. exemplary damages may be granted
 !22

if the defendant acted with gross negligence.

- Civil Code
Art. 2232. o Articles 2203 to 2204, and 2214 to 2215 (Memorize)
In contracts and quasi-contracts, Art. 2203.
the court may award exemplary damages The party suffering loss or injury
if the defendant acted in a must exercise the diligence of a good father of a family
- wanton, to minimize the damages resulting
- fraudulent, from the act or omission in question.
- reckless,
- oppressive, or Art. 2204.
- malevolent manner. In crimes,
the damages to be adjudicated
Art. 2233. may be respectively increased or lessened
Exemplary damages according to the aggravating or mitigating circumstances.
cannot be recovered as a matter of right;
the court will decide Art. 2214.
whether or not they should be adjudicated. In quasi-delicts,
the contributory negligence of the plaintiff
Art. 2234. shall reduce the damages that he may recover.
While the amount of the exemplary damages need not be proved,
the plaintiff must show Art. 2215.
that he is entitled to moral, temperate or compensatory damages In contracts, quasi-contracts, and quasi-delicts,
before the court may consider the question of the court may equitably mitigate the damages
whether or not exemplary damages should be awarded. under circumstances
In case liquidated damages have been agreed upon, other than the case referred to in the preceding article, as in the following
although no proof of loss is necessary instances:
in order that such liquidated damages may be recovered,
nevertheless, (1) That the plaintiff himself has contravened the terms of the contract;
before the court may consider (2) That the plaintiff has derived some benefit as a result of the contract;
the question of granting exemplary (3) In cases where exemplary damages are to be awarded,
in addition to the liquidated damages, that the defendant acted upon the advice of counsel;
the plaintiff must show (4) That the loss would have resulted in any event;
that he would be entitled to moral, temperate or compensatory damages (5) That since the filing of the action,
were it not for the stipulation for liquidated damages. the defendant has done his best
to lessen the plaintiff's loss or injury.
Art. 2235.
A stipulation
whereby exemplary damages are renounced in advance
shall be null and void.

H. Mitigation of Damages