TORTS AND DAMAGES bicycle rider (a businessman then doing his morning Unlike actual damages, no proof of pecuniary

is morning Unlike actual damages, no proof of pecuniary loss is necessary in

Book I—Torts exercise) and the taxi driver order that moral,
Page 188 of 199 claimed that the other was at fault. Based on the police nominal, temperate, liquidated or exemplary damages may be
Civil Law report, the bicycle crossed adjudicated. The
I. Principles Page 189 of 199 assessment is left to the discretion of the Court (Art. 2216). There
The liability of the school, its administrators and teachers, Civil Law must still be proof of
or the individual, entity the intersection first but the taxicab, crossing at a fast clip pecuniary estimation, however.
or institution engaged in child care over the minor child or from the bicycle's left, Page 190 of 199
damage caused by the could not brake in time and hit the bicycle's rear wheel, Civil Law
acts or omissions of the unemancipated minor while under toppling it and throwing Moral damages can be recovered by my client under Arts. 2219 and
their supervision, the bicycle rider into the sidewalk 5 meters away. 2200. Moral
instruction or custody shall be: (2012 BAR) The bicycle rider suffered a fractured right knee, sustained damages may be recovered in case of a quasi-delict causing
a) Joint and subsidiary when he fell on his right physical injuries.
b) Principal and solidary side on the concrete side walk. He was hospitalized and was Additionally, it must be proved that such damages were the
c) Principal and joint subsequently proximate result of the act
d) Subsidiary and solidary. operated on, rendering him immobile for 3 weeks and complained of. Medical certificates will be presented, along with the
A driver of a bus owned by company Z ran over a boy who requiring physical testimony from my
died instantly. A criminal rehabilitation for another 3 months. In his complaint for client and other eyewitness accounts, in order to support the award
case for reckless imprudence resulting in homicide was filed damages, the rider prayed for moral damages.
against the driver. He for the award of P1,000,000 actual damages, P200,000 Exemplary damages may be granted if the defendant acted in
was convicted and was ordered to pay P2 Million in actual moral damages, P200,000 wanton, fraudulent,
and moral damages to exemplary damages, P100,000 nominal damages and reckless, oppressive, or malevolent manner. While the amount of
the parents of the boy who was an honor student and had a P50,000 attorney's fees. exemplary damages
bright future. Without Assuming the police report to be correct and as the lawyer need not be proved, the plaintiff must show that he is entitled to
even trying to find out if the driver had assets or means to for the bicycle rider, moral or compensatory
pay the award of what evidence (documentary and testimonial) and legal damages. In support of this, I will present the police report showing
damages, the parents of the boy filed a civil action against arguments will you present the circumstances
the bus company to make in court to justify the damages that your client claims? under which the accident took place, taking into account the actions
it directly liable for the damages. (1994, 2002, 2013) of the parties. I will
a) Will their action prosper? ANSWER: ask the officials who responded to the accident to testify as to the
ANSWER: I will base the claim of my client on quasi-delict under Art. 2176. conduct of the parties
YES, the action will prosper. The liability of the employer in this The requisites for a claim under quasi-delict to prosper are as at the time of the accident in order to determine whether defendant
case may be based on follows: was guilty of gross
quasi-delict and is included within the coverage of independent civil 1. Act or omission, there being fault or negligence; negligence.
action. It is not 2. Damage or injury; and Finally, attorney’s fees may be recovered when exemplary damages
necessary to enforce the civil liability based on culpa aquiliana that 3. Causal connection between the damage and the act or omission. are awarded (Art.
the driver or employee The case clearly involves a quasi-delict where my client, the bicycle 2208).
be proven to be insolvent since the liability of the employer for the rider, suffered injury Lennie bought a business class ticket from Alta Airlines. As
quasi- delicts committed as a result of the negligence of the over-speeding taxi driver, she checked in, the
by their employees is direct and primary subject to the defense of without fault on my client’s manager downgraded her to economy on the ground that a
due diligence on their part. Congressman had to
part (Art. 2176; Art. 2180). To prove actual damages, aside from the testimony of my client, I be accommodated in the business class. Lennie suffered the
b) If the parents of the boy do not wish to file a separate will present his hospital discomfort and
civil action against the bus and medical bills. Receipts of the fees paid on the rehabilitation will embarrassment of the downgrade. She sued the airlines for
company, can they still make the bus company liable if the also be presented. quasi-delict but Alta
driver cannot' pay the Furthermore, I will present income tax returns, contracts and other Airlines countered that, since her travel was governed by a
award for damages? If so, what is the nature of the documents to prove contract between them,
employer's liability and how may unrealized profits as a result of this temporary injury. I will also call no quasi-delict could arise. Is the airline correct? (2011 BAR)
civil damages be satisfied? (2015 BAR) the attending physician (A) No, the breach of contract may in fact be tortious as when it is
ANSWER: to testify as to the extent of the injuries suffered by my client, and tainted as in this
YES, the parents of the boy can enforce the subsidiary liability of to corroborate the case with arbitrariness, gross bad faith, and malice.
the employer in the contents of the medical documents. (B) No, denying Lennie the comfort and amenities of the business
criminal case against the driver. The conviction of the driver is a Based on Art. 2202, in quasi-delicts, the defendant shall be liable for class as provided
condition sine qua non all damages which in the ticket is a tortious act.
for the subsidiary liability of the employer to attach. Proof must be are the natural and probable consequences of the act or omission (C) Yes, since the facts show a breach of contract, not a quasi-delict.
shown that the driver is complained of. It is not (D) Yes, since quasi-delict presupposes the absence of a pre-existing
insolvent (Art. 103, RPC). necessary that such damages have been foreseen or could have contractual
A collision occurred at an intersection involving a bicycle been foreseen by the relation between the parties.
and a taxicab. Both the dfendant. (E) No, the breach of contract may in fact be tortious as when it is
tainted as in this
case with arbitrariness, gross bad faith, and malice. recognizable by the law. “Tort” or “Quasi-Tort” is an Anglo American have three requisites 1) existence of the right; 2) legal capacity of
(F) No, denying Lennie the comfort and amenities of the business or Common Law the person waiving the
class as provided concept, while “Delict” or “Quasi-Delict” is a right and 3) the waiver must not be contrary to law, morals, good
in the ticket is a tortious act. Civil Law concept. (Wikipedia Encyclopedia) customs, public order
(G) Yes, since the facts show a breach of contract, not a quasi-delict. SECOND SUGGESTED ANSWER: or public policy or prejudicial to a third person with a right
(H) Yes, since quasi-delict presupposes the absence of a pre-existing Quasi-tort is considered as the equivalent of quasi-delict. Hence the recognized by law. In the case
contractual rules of the latter presented, the waiver may be considered contrary to public policy
relation between the parties. pertaining to persons who can be held liable and their defenses as it exonerates the
Virgilio owned a bare and simple swimming pool in his would also apply. school from liability for future negligence. The waiver in effect
garden. MB, a 7-year old Those liable for quasi-delict include: allows the school to not
child, surreptitiously entered the garden and merrily 1. The tortfeasor or the person causing damage to another through exercise even ordinary diligence.
romped around the ledges of fault or negligence Page 193 of 199
the pool. He accidentally tripped, fell into the pool, and (Article 2176 NCC); and Civil Law
drowned. MB’s parents sued 2. Persons vicariously liable under Article 2180 (NCC). Liwayway Vinzons-Chato was then the Commissioner of
Virgilio for damages arising from their child’s death, The defenses available include: Internal Revenue while
premised on the principle of Page 192 of 199 Fortune Tobacco Corporation is an entity engaged in the
"attractive nuisance". Is Virgilio liable for the death of MB? Civil Law manufacture of different
(2011 BAR) 1. That the defendant was not negligent or that he exercised due brands of cigarettes, among which are "Champion," "Hope,"
Page 191 of 199 diligence (Article and "More" cigarettes.
Civil Law 2176 NCC). Fortune filed a complaint against Vinzons-Chato to recover
(A) No, the child was 7 years old and knew the dangers that the pool 2. That although the defendant is negligent, his negligence is not damages for the
offered. the proximate cause alleged violation of its constitutional rights arising from
(B) Yes, being an attractive nuisance, Virgilio had the duty to of the injury. (Article 2179 NCC). Vinzons-Chato’s issuance
prevent children from 3. That the plaintiffs own negligence was the immediate and of Revenue Memorandum Circular No. 37-934 (which re-
coming near it. proximate cause of his classified Fortune
(C) No, since the pool was bare and had no enticing or alluring injury (Article 2179 NCC). cigarettes as locally manufactured with foreign brands and
gadgets, floats, or 4. That the person vicariously liable has observed all the diligence of thereby imposed higher
devices in it that would attract a 7-year old child. a good father taxes), which the Supreme Court later declared invalid.
(D) Yes, since Virgilio did not cover the swimming pool while not in of a family to prevent damage (2180 NCC). Vinzons-Chato filed a Motion to dismiss arguing that she
use to prevent 5. That the cause of action has prescribed after the lapse of 4 years cannot be held liable for
children from falling into it. (Article 1146 damages for acts she performed while in the discharge of
Define quasi tort. Who are the persons liable under quasi NCC). her duties as BIR
torts and what are the 6. The fact that the plaintiff had committed contributory negligence Commissioner. Is she correct? Explain (2012 BAR)
defenses available to them? (2010 Bar Question) is a partial defense ANSWER:
NOTE: It is recommended that the examiner exercise leniency and (Article 2179 NCC). YES. As a general rule, a public officer is not liable for acts
liberality in grading II. Classification of Torts performed in the discharge of
the answers given to this question. The term quasi-tort is not a part III. The Tortfeasor his duties. The exceptions are when he acted with malice, bad faith,
of legal developments IV. Act or Omission and its Modalities or gross negligence
in civil law. In Philippine legal tradition, quasi-delict has been Mabuhay Elementary School organized a field trip for its in the performance of his duty, or when his act is in violation of the
treated as the closest civil Grade VI students in Fort constitutionally
law equivalent of the common law tort. In fact, in a number of Santiago, Manila Zoo, and Star City. To be able to join, the guaranteed rights and liberties of a person under Art. 32.
Supreme Court decisions, parents of the students The public officer is not automatically considered to have violated
the two terms have been considered synonymous. In reality, had to sign a piece of paper that reads as follows: the rights or liberties of
however, the common law "I allow my child (name of student), Grade – Section, to join a person simply because the rule the public officer issued was
tort is much broader in scope than the civil law quasi-delict. the school’s field trip declared invalid by the
In recent developments in common law, the concept of “quasi-torts” on February 14, 2014. Court. The complainant must still allege and prove the particular
can be considered I will not file any claim against the school, administrator or injury or prejudice he
as the closest common law equivalent of the civil law concept of teacher in case has suffered from the violation of his constitutional right by the
quasi-delict. This is something happens to my child during the trip." issuance of the invalidated
because it is argued that the growing recognition of quasi-torts as a Joey, a 7-year-old student of Mabuhay Elementary School rule.
source of obligation was bitten by a snake The problem does not state any fact from which any malice, bad
is hinged on the acceptance at common law of the civil law while the group was touring Manila Zoo. The parents of Joey faith or gross negligence
principles of quasi-delict. sued the school for on the part of Vinzons-Chato may be inferred, or the particular injury
FIRST SUGGESTED ANSWER: damages. The school, as a defense, presented the waiver or prejudice the
Quasi-tort is a legal concept upholding the doctrine that some legal signed by Joey’s parents. complainant may have suffered as a result of the violation of his
duty exists that can Was there a valid waiver of right to sue the school? Why? constitutional rights.
not be classified strictly as a personal duty (that is, resulting in a (2014 BAR) Hence, she cannot be held liable. The facts presented are similar to
tort), nor as a contractual ANSWER: the facts of the case
duty (thus resulting in a breach of contract) but rather some other NO, there was no valid waiver of the right to sue the school. A of Vinzons-Chato v. Fortune, (G.R. No. 141309, December 23, 2008).
kind of duty waiver to be valid must V. Proximate Cause
VI. Legal Injury toward him. N panicked and ran but tripped on something Book II—Damages
VII. Intentional Torts and suffered a broken I. General Considerations
VIII. Negligence leg. Roberto was in Nikko Hotel when he bumped into a friend
On May 5, 1989, 16-year old Rozanno, who was issued a Is anyone liable for N’s injuries? Explain. (4%) (2010 Bar who was then on her way
student permit, drove to Question) to a wedding reception being held in said hotel. Roberto
school a car, a gift from his parents. On even date, as his SUGGESTED ANSWER: alleged that he was then
class was scheduled to No one is liable. The possessor of an animal or whoever may make Page 196 of 199
go on a field trip, his teacher requested him to use of the same is Civil Law
accommodate in his car, as he did, responsible for the damage which it may cause, although it may invited by his friend to join her at the wedding reception
four (4) of his classmates because the van rented by the escape or be lost. This and carried the basket full
school was too crowded. Page 195 of 199 of fruits which she was bringing to the affair. At the
On the way to a museum which the students were scheduled Civil Law reception, the wedding
to visit, Rozanno responsibility shall cease only in case the damage should come from coordinator of the hotel noticed him and asked him,
Page 194 of 199 force majeure or allegedly in a loud voice, to
Civil Law from the fault of the person who has suffered damage (Art. 2183, leave as he was not in the guest list. He retorted that he
made a wrong maneuver, causing a collision with a jeepney. New Civil Code). had been invited to the
One of his classmates Rommel’s private car, while being driven by the regular affair by his friend, who however denied doing so. Deeply
died. He and the three (3) others were badly injured. family driver, Amado, hits embarrassed by the
xxx a pedestrian causing the latter’s death. Rommel is not in the incident, Roberto then sued the hotel for damages under
B. [Who is liable for] the damage to the jeepney? Explain. car when the incident Articles 19 and 21 of the
(2%) (2010 Bar Question) happened. Civil Code. Will Roberto’s action prosper? Explain. (5%)
SUGGESTED ANSWER: Is Rommel liable for damages to the heirs of the deceased? (2012 BAR)
With respect to the damages caused to the jeepney, only Rozanno Explain. (2%) (2009 Bar ANSWER:
should be held liable Question) It depends. While the hotel has the right to exclude an uninvited
because his negligence or tortious act was the sole, proximate, and SUGGESTED ANSWER: guest from the wedding
immediate cause Yes, Rommel may be held liable for damages if he fails to prove that reception, that does not give the hotel the license to humiliate
thereof. he exercised the Roberto. If the wedding
Under the same facts, except the date of occurrence of the diligence of a good father of a family (Art. 2180, par. 5, NCC) in coordinator of the hotel acted wrongfully e.g. with abuse of right,
incident, this time in selecting and supervising unfairly, or in a manner
mid-1994, what would be your answer? Explain. (2%) (2010 his family driver. The owner is presumed liable unless he proves the that exposed Roberto to unnecessary ridicule or shame, his action
Bar Question) defense of diligence. will proper. Otherwise,
SUGGESTED ANSWER: If the driver was performing his assigned task when the incident Roberto’s action will prosper. The hotel is liable for the wrongful acts
Since Rozanno was 16 years old in 1989, if the incident happened happened, Rommel shall of its employees.
sometime in the middle be solidarily liable with the driver. NO. Roberto’s action will not prosper. From the facts given in the
of 1994, Rozanno would have been 21 years old at that time. Hence, In case the driver is convicted of reckless imprudence and cannot problem, the wedding
he was already of pay the civil liability, coordinator did not abuse her right when she asked him to leave the
legal age. The law reducing the age of majority to 18 years took Rommel is subsidiarily liable for the damages awarded against the wedding reception
effect in December 1989. driver and the defense because he was not in the guest list. Hotel Nikko could not be held
Being of legal age, Articles 218, 219, and 221 of the Family Code are of diligence is not available. liable for damages as
no longer applicable. Would your answer be the same if Rommel was in the car at its liable spring from the liability of its employee (Nikko Hotel Manila
In such case, only Rozanno will be personally responsible for all the the time of the Garden v. Reyes,
consequences of his accident? Explain. (2%) (2009 Bar Question) G.R. No. 154259, February 28, 2005).
act unless the school or his parents were themselves also negligent SUGGESTED ANSWER: b) Ricky donated P 1 Million to the unborn child of his
and such negligence Yes, my answer would be the same. Rommel, who was in the car, pregnant girlfriend, which
contributed to the happening of the incident. In that event, the shall be liable for she accepted. After six (6) months of pregnancy, the fetus
school or his parents are damages if he could have prevented the misfortune by the use of was born and baptized
not liable under Article 218, 219 or 221 of the Family Code, but will due diligence in as Angela. However, Angela died 20 hours after birth. Ricky
be liable under the supervising his driver but failed to exercise it (Art. 2184, NCC). In sought to recover
general provisions of the Civil Code on quasi-delict. such a case, his liability the P 1 Million. Is Ricky entitled to recover? Explain. (5%)
IX. Special Liability in Particular Activities is solidary with his driver. (2012 BAR)
X. Strict Liability ALTERNATIVE ANSWER: ANSWER:
Primo owns a pet iguana which he keeps in a man- made Yes, my answer will be the same except that in such a case the YES, Ricky is entitled to recover the P1,000,000.00. The NCC
pond enclosed by a fence liability of the owner is considers a fetus is
situated in his residential lot. A typhoon knocked down the not presumed. When the owner is inside the vehicle, he becomes considered a person for purposes favorable to it provided it is born
fence of the pond and liable only when it is later in accordance
the iguana crawled out of the gate of Primo’s residence. N, a shown that he could have prevented the misfortune by the use of with the provision of the NCC. While the donation is favorable to the
neighbor who was due diligence (Article fetus, the donation
passing by, started throwing stones at the iguana, drawing 2184, NCC). For the owner to be held liable, the burden of proving did not take effect because the fetus was not born in accordance
the iguana to move that he could have with the NCC.
prevented the misfortune rests on the shoulder of the victim.
To be considered born, the fetus that had an intrauterine life of less [b] The interest on the amount of damages awarded may be malevolent manner (Article 2232 of the Civil Code).
than seven (7) months imposed at the discretion of Bad faith does not simply connote bad judgment or negligence. It
should live for 24 hours from its complete delivery from the the court at the rate of 6% per annum. No interest, however, shall im- ports a dishonest
mother’s womb. Since Angela be adjudged on purpose or some moral obliquity and conscious do- ing of a wrong, a
had an intrauterine life of less than seven (7) months but did not unliquidated claims or damages, except when or until the demand breach of known
live for 24 hours, she can be established duty through some motive or inter- est or ill will that partakes of the
was not considered born and, therefore, did not become a person with reasonable certainty. Accordingly, where the demand is nature of fraud. In this
(Art. 41). Not being a established with reasonable case, however, RPP’s breach was due to a computer glitch which at
person, she has no juridical capacity to be a donee, hence, the certain- ty, the interest shall begin to run from the time the claim is most can be considered
donation to her did not made judi- cially or as negligence on its part, but definitely does not constitute bad faith
take effect. The donation not being effective, the amount donated extra-judicially, but when such certainty cannot be so reason- ably or fraud as
may be recovered. To established at the time would warrant the award of moral and exemplary damages.
retain it will be unjust enrichment. the demand is made, the interest shall begin to run only from the Rodolfo, married to Sharon, had an illicit affair with his
II. Actual and Compensatory Damages date the judgment of secretary, Nanette, a 19-
Page 197 of 199 the court is made (at which time the quantification of damages may year old girl, and begot a baby girl, Rona. Nanette sued
Civil Law be deemed to have Rodolfo for damages:
With regard to an award of interest in the concept of actual been reasonably ascertained). The actual base for the computation actual, for hospital and other medical expenses in delivering
and compensatory of legal interest shall, the child by caesarean
damages, please state the guidelines regarding the manner in any case, be on the amount finally adjudged (Nacar v. Gallery section; moral, claiming that Rodolfo promised to marry her,
of computing legal Frames, 703 SCRA 439 representing that he
interest in the following situations: [2013]). was single when, in fact, he was not; and exemplary, to
[a] when the obligation is breached and it consists in the III. Moral Damages teach a lesson to likeminded
payment of a sum of Peter, a resident of Cebu City, sent through Reliable Pera Lotharios.
money like a loan or forbearance of money; (2.5%) Padala (RPP) the amount If you were the judge, would you award all the claims of
[bj when the obligation does not constitute a loan or of P20, 000.00 to his daughter, Paula, for the payment of her Nanette? Explain. (3%)
forbearance of money. (2.5%) tuition fee. Paula went (2009 Bar Question)
Consider the issuance of BSP-MB Circular No. 799, which to an RPP branch but was informed that there was no money SUGGESTED ANSWER:
became effective on July remitted to her name. If Rodolfo’s marriage could not have been possibly known to
1, 2013. (2016 BAR) Peter inquired from RPP and was informed that there was a Nanette or there is no gross
[a| When the obligation is breached and it consists in the payment computer glitch and negligence on the part of Nanette, Rodolfo could be held liable for
of a sum of money like the money was credited to another person. Peter and Paula moral damages.
a loan or forbearance of money, in the absence of stipulation, the sued RPP for actual If there is gross negligence in a suit for quasi-delict, exemplary
rate of interest shall be damages, moral damages and exem- plary damages. The damages could be
the legal rate of 6% per annum (Article 2209 CC), which was trial court ruled that there awarded.
increased to 12% per NB Page 198 of 199 IV. Nominal Damages
Circular No. 905, Series of 1982) to be computed from default. The Civil Law V. Temperate or Moderate Damages
twelve percent 12% was no proof of pecuniary loss to the plaintiffs but awarded Page 199 of 199
per annum legal interest shall apply only until June 30, 2013. From moral damages of P20, Civil Law
July 1, 2013, the new 000.00 and exemplary damages of P5, 000.00. On appeal, VI. Liquidated Damages
rate of six percent (6%) per annum shall be the prevailing rate of RPP questioned the VII. Exemplary or Corrective Damages
interest when applicable award of moral and exemplary damages. Is the trial court Rodolfo, married to Sharon, had an illicit affair with his
(Nacar v. Gallery Frames, 703 SCRA 439 12013}, applying BSP -MB correct in awarding moral secretary, Nanette, a 19-
Circular No. 799). and exemplary damages? Explain. (5%) (2016 BAR) year old girl, and begot a baby girl, Rona. Nanette sued
[NOTE: It is suggested that credit also be given in the event that the SUGGESTED ANSWER: Rodolfo for damages:
examinees cite No, the trial court is not correct in awarding moral and exemplary actual, for hospital and other medical expenses in delivering
Tahada v. Tuvera to support the conclusion that publi- cation is dam- ages. The the child by I
unnecessary in the case damages in this case are prayed for based on the breach of contract caesarean section; moral, claiming that Rodolfo promised to
of interpretative regulations and those merely internal in nature, as committed by RPP marry her,
the language of the in failing to deliver the sum of money to Paula. Under the provisions representing that he was single when, in fact, he was not;
problem may be interpreted by the examinees to refer only to mere of the Civil Code, in and exemplary, to teach
guidelines or directory breach of contract, moral damages may be recovered when the a lesson to like-minded Lotharios.
matters}. The examinee should be given credit if he mentions that defendant acted in bad xxx
the actual base for faith or was guilty of gross negligence (amounting to bad faith) or in If you were the judge, would you award all the claims of
computing the interest due on the loan or forbear- ance of money, wanton disregard of Nanette? Explain. (3%)
goods or credit is the his contractual obligation. In the same fashion, to warrant the award (2009 Bar Question)
amount of the loans, forbear- ance, plus whatever interest is of exemplary SUGGESTED ANSWER:
stimulated in writing; damages, the wrongful act must be accomplished by bad faith, and If Rodolfo’s marriage could not have been possibly known to
otherwise no in- terest may be charge for using the money (Art. an award of damages Nanette or there is no gross
1956 CC) would be al- lowed only if the guilty party acted in a wanton, negligence on the part of Nanette, Rodolfo could be held liable for
fraudulent, reckless or moral damages.
If there is gross negligence in a suit for quasi-delict, exemplary
damages could be
awarded.
VIII. Damages in Case of Death
IX. Graduation of Damages
X. Miscellaneous Rules
 A collision occurred at an intersection involving a bicycle dfendant.
and a taxicab. Both the Unlike actual damages, no proof of pecuniary loss is necessary in
TORTS AND DAMAGES bicycle rider (a businessman then doing his morning order that moral,
Book I—Torts exercise) and the taxi driver nominal, temperate, liquidated or exemplary damages may be
Page 188 of 199 claimed that the other was at fault. Based on the police adjudicated. The
Civil Law report, the bicycle crossed assessment is left to the discretion of the Court (Art. 2216). There
I. Principles Page 189 of 199 must still be proof of
The liability of the school, its administrators and teachers, Civil Law pecuniary estimation, however.
or the individual, entity the intersection first but the taxicab, crossing at a fast clip Page 190 of 199
or institution engaged in child care over the minor child or from the bicycle's left, Civil Law
damage caused by the could not brake in time and hit the bicycle's rear wheel, Moral damages can be recovered by my client under Arts. 2219 and
acts or omissions of the unemancipated minor while under toppling it and throwing 2200. Moral
their supervision, the bicycle rider into the sidewalk 5 meters away. damages may be recovered in case of a quasi-delict causing
instruction or custody shall be: (2012 BAR) The bicycle rider suffered a fractured right knee, sustained physical injuries.
a) Joint and subsidiary when he fell on his right Additionally, it must be proved that such damages were the
b) Principal and solidary side on the concrete side walk. He was hospitalized and was proximate result of the act
c) Principal and joint subsequently complained of. Medical certificates will be presented, along with the
d) Subsidiary and solidary. operated on, rendering him immobile for 3 weeks and testimony from my
A driver of a bus owned by company Z ran over a boy who requiring physical client and other eyewitness accounts, in order to support the award
died instantly. A criminal rehabilitation for another 3 months. In his complaint for for moral damages.
case for reckless imprudence resulting in homicide was filed damages, the rider prayed Exemplary damages may be granted if the defendant acted in
against the driver. He for the award of P1,000,000 actual damages, P200,000 wanton, fraudulent,
was convicted and was ordered to pay P2 Million in actual moral damages, P200,000 reckless, oppressive, or malevolent manner. While the amount of
and moral damages to exemplary damages, P100,000 nominal damages and exemplary damages
the parents of the boy who was an honor student and had a P50,000 attorney's fees. need not be proved, the plaintiff must show that he is entitled to
bright future. Without Assuming the police report to be correct and as the lawyer moral or compensatory
even trying to find out if the driver had assets or means to for the bicycle rider, damages. In support of this, I will present the police report showing
pay the award of what evidence (documentary and testimonial) and legal the circumstances
damages, the parents of the boy filed a civil action against arguments will you present under which the accident took place, taking into account the actions
the bus company to make in court to justify the damages that your client claims? of the parties. I will
it directly liable for the damages. (1994, 2002, 2013) ask the officials who responded to the accident to testify as to the
a) Will their action prosper? ANSWER: conduct of the parties
ANSWER: I will base the claim of my client on quasi-delict under Art. 2176. at the time of the accident in order to determine whether defendant
YES, the action will prosper. The liability of the employer in this The requisites for a claim under quasi-delict to prosper are as was guilty of gross
case may be based on follows: negligence.
quasi-delict and is included within the coverage of independent civil 1. Act or omission, there being fault or negligence; Finally, attorney’s fees may be recovered when exemplary damages
action. It is not 2. Damage or injury; and are awarded (Art.
necessary to enforce the civil liability based on culpa aquiliana that 3. Causal connection between the damage and the act or omission. 2208).
the driver or employee The case clearly involves a quasi-delict where my client, the bicycle Lennie bought a business class ticket from Alta Airlines. As
be proven to be insolvent since the liability of the employer for the rider, suffered injury she checked in, the
quasi- delicts committed as a result of the negligence of the over-speeding taxi driver, manager downgraded her to economy on the ground that a
by their employees is direct and primary subject to the defense of without fault on my client’s Congressman had to
due diligence on their part. be accommodated in the business class. Lennie suffered the
part (Art. 2176; Art. 2180). To prove actual damages, aside from the testimony of my client, I discomfort and
b) If the parents of the boy do not wish to file a separate will present his hospital embarrassment of the downgrade. She sued the airlines for
civil action against the bus and medical bills. Receipts of the fees paid on the rehabilitation will quasi-delict but Alta
company, can they still make the bus company liable if the also be presented. Airlines countered that, since her travel was governed by a
driver cannot' pay the Furthermore, I will present income tax returns, contracts and other contract between them,
award for damages? If so, what is the nature of the documents to prove no quasi-delict could arise. Is the airline correct? (2011 BAR)
employer's liability and how may unrealized profits as a result of this temporary injury. I will also call (A) No, the breach of contract may in fact be tortious as when it is
civil damages be satisfied? (2015 BAR) the attending physician tainted as in this
ANSWER: to testify as to the extent of the injuries suffered by my client, and case with arbitrariness, gross bad faith, and malice.
YES, the parents of the boy can enforce the subsidiary liability of to corroborate the (B) No, denying Lennie the comfort and amenities of the business
the employer in the contents of the medical documents. class as provided
criminal case against the driver. The conviction of the driver is a Based on Art. 2202, in quasi-delicts, the defendant shall be liable for in the ticket is a tortious act.
condition sine qua non all damages which (C) Yes, since the facts show a breach of contract, not a quasi-delict.
for the subsidiary liability of the employer to attach. Proof must be are the natural and probable consequences of the act or omission (D) Yes, since quasi-delict presupposes the absence of a pre-existing
shown that the driver is complained of. It is not contractual
insolvent (Art. 103, RPC). necessary that such damages have been foreseen or could have relation between the parties.
been foreseen by the
(E) No, the breach of contract may in fact be tortious as when it is duty (thus resulting in a breach of contract) but rather some other NO, there was no valid waiver of the right to sue the school. A
tainted as in this kind of duty waiver to be valid must
case with arbitrariness, gross bad faith, and malice. recognizable by the law. “Tort” or “Quasi-Tort” is an Anglo American have three requisites 1) existence of the right; 2) legal capacity of
(F) No, denying Lennie the comfort and amenities of the business or Common Law the person waiving the
class as provided concept, while “Delict” or “Quasi-Delict” is a right and 3) the waiver must not be contrary to law, morals, good
in the ticket is a tortious act. Civil Law concept. (Wikipedia Encyclopedia) customs, public order
(G) Yes, since the facts show a breach of contract, not a quasi-delict. SECOND SUGGESTED ANSWER: or public policy or prejudicial to a third person with a right
(H) Yes, since quasi-delict presupposes the absence of a pre-existing Quasi-tort is considered as the equivalent of quasi-delict. Hence the recognized by law. In the case
contractual rules of the latter presented, the waiver may be considered contrary to public policy
relation between the parties. pertaining to persons who can be held liable and their defenses as it exonerates the
Virgilio owned a bare and simple swimming pool in his would also apply. school from liability for future negligence. The waiver in effect
garden. MB, a 7-year old Those liable for quasi-delict include: allows the school to not
child, surreptitiously entered the garden and merrily 1. The tortfeasor or the person causing damage to another through exercise even ordinary diligence.
romped around the ledges of fault or negligence Page 193 of 199
the pool. He accidentally tripped, fell into the pool, and (Article 2176 NCC); and Civil Law
drowned. MB’s parents sued 2. Persons vicariously liable under Article 2180 (NCC). Liwayway Vinzons-Chato was then the Commissioner of
Virgilio for damages arising from their child’s death, The defenses available include: Internal Revenue while
premised on the principle of Page 192 of 199 Fortune Tobacco Corporation is an entity engaged in the
"attractive nuisance". Is Virgilio liable for the death of MB? Civil Law manufacture of different
(2011 BAR) 1. That the defendant was not negligent or that he exercised due brands of cigarettes, among which are "Champion," "Hope,"
Page 191 of 199 diligence (Article and "More" cigarettes.
Civil Law 2176 NCC). Fortune filed a complaint against Vinzons-Chato to recover
(A) No, the child was 7 years old and knew the dangers that the pool 2. That although the defendant is negligent, his negligence is not damages for the
offered. the proximate cause alleged violation of its constitutional rights arising from
(B) Yes, being an attractive nuisance, Virgilio had the duty to of the injury. (Article 2179 NCC). Vinzons-Chato’s issuance
prevent children from 3. That the plaintiffs own negligence was the immediate and of Revenue Memorandum Circular No. 37-934 (which re-
coming near it. proximate cause of his classified Fortune
(C) No, since the pool was bare and had no enticing or alluring injury (Article 2179 NCC). cigarettes as locally manufactured with foreign brands and
gadgets, floats, or 4. That the person vicariously liable has observed all the diligence of thereby imposed higher
devices in it that would attract a 7-year old child. a good father taxes), which the Supreme Court later declared invalid.
(D) Yes, since Virgilio did not cover the swimming pool while not in of a family to prevent damage (2180 NCC). Vinzons-Chato filed a Motion to dismiss arguing that she
use to prevent 5. That the cause of action has prescribed after the lapse of 4 years cannot be held liable for
children from falling into it. (Article 1146 damages for acts she performed while in the discharge of
Define quasi tort. Who are the persons liable under quasi NCC). her duties as BIR
torts and what are the 6. The fact that the plaintiff had committed contributory negligence Commissioner. Is she correct? Explain (2012 BAR)
defenses available to them? (2010 Bar Question) is a partial defense ANSWER:
NOTE: It is recommended that the examiner exercise leniency and (Article 2179 NCC). YES. As a general rule, a public officer is not liable for acts
liberality in grading II. Classification of Torts performed in the discharge of
the answers given to this question. The term quasi-tort is not a part III. The Tortfeasor his duties. The exceptions are when he acted with malice, bad faith,
of legal developments IV. Act or Omission and its Modalities or gross negligence
in civil law. In Philippine legal tradition, quasi-delict has been Mabuhay Elementary School organized a field trip for its in the performance of his duty, or when his act is in violation of the
treated as the closest civil Grade VI students in Fort constitutionally
law equivalent of the common law tort. In fact, in a number of Santiago, Manila Zoo, and Star City. To be able to join, the guaranteed rights and liberties of a person under Art. 32.
Supreme Court decisions, parents of the students The public officer is not automatically considered to have violated
the two terms have been considered synonymous. In reality, had to sign a piece of paper that reads as follows: the rights or liberties of
however, the common law "I allow my child (name of student), Grade – Section, to join a person simply because the rule the public officer issued was
tort is much broader in scope than the civil law quasi-delict. the school’s field trip declared invalid by the
In recent developments in common law, the concept of “quasi-torts” on February 14, 2014. Court. The complainant must still allege and prove the particular
can be considered I will not file any claim against the school, administrator or injury or prejudice he
as the closest common law equivalent of the civil law concept of teacher in case has suffered from the violation of his constitutional right by the
quasi-delict. This is something happens to my child during the trip." issuance of the invalidated
because it is argued that the growing recognition of quasi-torts as a Joey, a 7-year-old student of Mabuhay Elementary School rule.
source of obligation was bitten by a snake The problem does not state any fact from which any malice, bad
is hinged on the acceptance at common law of the civil law while the group was touring Manila Zoo. The parents of Joey faith or gross negligence
principles of quasi-delict. sued the school for on the part of Vinzons-Chato may be inferred, or the particular injury
FIRST SUGGESTED ANSWER: damages. The school, as a defense, presented the waiver or prejudice the
Quasi-tort is a legal concept upholding the doctrine that some legal signed by Joey’s parents. complainant may have suffered as a result of the violation of his
duty exists that can Was there a valid waiver of right to sue the school? Why? constitutional rights.
not be classified strictly as a personal duty (that is, resulting in a (2014 BAR) Hence, she cannot be held liable. The facts presented are similar to
tort), nor as a contractual ANSWER: the facts of the case
of Vinzons-Chato v. Fortune, (G.R. No. 141309, December 23, 2008). passing by, started throwing stones at the iguana, drawing 2184, NCC). For the owner to be held liable, the burden of proving
V. Proximate Cause the iguana to move that he could have
VI. Legal Injury toward him. N panicked and ran but tripped on something prevented the misfortune rests on the shoulder of the victim.
VII. Intentional Torts and suffered a broken Book II—Damages
VIII. Negligence leg. I. General Considerations
On May 5, 1989, 16-year old Rozanno, who was issued a Is anyone liable for N’s injuries? Explain. (4%) (2010 Bar Roberto was in Nikko Hotel when he bumped into a friend
student permit, drove to Question) who was then on her way
school a car, a gift from his parents. On even date, as his SUGGESTED ANSWER: to a wedding reception being held in said hotel. Roberto
class was scheduled to No one is liable. The possessor of an animal or whoever may make alleged that he was then
go on a field trip, his teacher requested him to use of the same is Page 196 of 199
accommodate in his car, as he did, responsible for the damage which it may cause, although it may Civil Law
four (4) of his classmates because the van rented by the escape or be lost. This invited by his friend to join her at the wedding reception
school was too crowded. Page 195 of 199 and carried the basket full
On the way to a museum which the students were scheduled Civil Law of fruits which she was bringing to the affair. At the
to visit, Rozanno responsibility shall cease only in case the damage should come from reception, the wedding
Page 194 of 199 force majeure or coordinator of the hotel noticed him and asked him,
Civil Law from the fault of the person who has suffered damage (Art. 2183, allegedly in a loud voice, to
made a wrong maneuver, causing a collision with a jeepney. New Civil Code). leave as he was not in the guest list. He retorted that he
One of his classmates Rommel’s private car, while being driven by the regular had been invited to the
died. He and the three (3) others were badly injured. family driver, Amado, hits affair by his friend, who however denied doing so. Deeply
xxx a pedestrian causing the latter’s death. Rommel is not in the embarrassed by the
B. [Who is liable for] the damage to the jeepney? Explain. car when the incident incident, Roberto then sued the hotel for damages under
(2%) (2010 Bar Question) happened. Articles 19 and 21 of the
SUGGESTED ANSWER: Is Rommel liable for damages to the heirs of the deceased? Civil Code. Will Roberto’s action prosper? Explain. (5%)
With respect to the damages caused to the jeepney, only Rozanno Explain. (2%) (2009 Bar (2012 BAR)
should be held liable Question) ANSWER:
because his negligence or tortious act was the sole, proximate, and SUGGESTED ANSWER: It depends. While the hotel has the right to exclude an uninvited
immediate cause Yes, Rommel may be held liable for damages if he fails to prove that guest from the wedding
thereof. he exercised the reception, that does not give the hotel the license to humiliate
Under the same facts, except the date of occurrence of the diligence of a good father of a family (Art. 2180, par. 5, NCC) in Roberto. If the wedding
incident, this time in selecting and supervising coordinator of the hotel acted wrongfully e.g. with abuse of right,
mid-1994, what would be your answer? Explain. (2%) (2010 his family driver. The owner is presumed liable unless he proves the unfairly, or in a manner
Bar Question) defense of diligence. that exposed Roberto to unnecessary ridicule or shame, his action
SUGGESTED ANSWER: If the driver was performing his assigned task when the incident will proper. Otherwise,
Since Rozanno was 16 years old in 1989, if the incident happened happened, Rommel shall Roberto’s action will prosper. The hotel is liable for the wrongful acts
sometime in the middle be solidarily liable with the driver. of its employees.
of 1994, Rozanno would have been 21 years old at that time. Hence, In case the driver is convicted of reckless imprudence and cannot NO. Roberto’s action will not prosper. From the facts given in the
he was already of pay the civil liability, problem, the wedding
legal age. The law reducing the age of majority to 18 years took Rommel is subsidiarily liable for the damages awarded against the coordinator did not abuse her right when she asked him to leave the
effect in December 1989. driver and the defense wedding reception
Being of legal age, Articles 218, 219, and 221 of the Family Code are of diligence is not available. because he was not in the guest list. Hotel Nikko could not be held
no longer applicable. Would your answer be the same if Rommel was in the car at liable for damages as
In such case, only Rozanno will be personally responsible for all the the time of the its liable spring from the liability of its employee (Nikko Hotel Manila
consequences of his accident? Explain. (2%) (2009 Bar Question) Garden v. Reyes,
act unless the school or his parents were themselves also negligent SUGGESTED ANSWER: G.R. No. 154259, February 28, 2005).
and such negligence Yes, my answer would be the same. Rommel, who was in the car, b) Ricky donated P 1 Million to the unborn child of his
contributed to the happening of the incident. In that event, the shall be liable for pregnant girlfriend, which
school or his parents are damages if he could have prevented the misfortune by the use of she accepted. After six (6) months of pregnancy, the fetus
not liable under Article 218, 219 or 221 of the Family Code, but will due diligence in was born and baptized
be liable under the supervising his driver but failed to exercise it (Art. 2184, NCC). In as Angela. However, Angela died 20 hours after birth. Ricky
general provisions of the Civil Code on quasi-delict. such a case, his liability sought to recover
IX. Special Liability in Particular Activities is solidary with his driver. the P 1 Million. Is Ricky entitled to recover? Explain. (5%)
X. Strict Liability ALTERNATIVE ANSWER: (2012 BAR)
Primo owns a pet iguana which he keeps in a man- made Yes, my answer will be the same except that in such a case the ANSWER:
pond enclosed by a fence liability of the owner is YES, Ricky is entitled to recover the P1,000,000.00. The NCC
situated in his residential lot. A typhoon knocked down the not presumed. When the owner is inside the vehicle, he becomes considers a fetus is
fence of the pond and liable only when it is considered a person for purposes favorable to it provided it is born
the iguana crawled out of the gate of Primo’s residence. N, a shown that he could have prevented the misfortune by the use of later in accordance
neighbor who was due diligence (Article with the provision of the NCC. While the donation is favorable to the
fetus, the donation
did not take effect because the fetus was not born in accordance otherwise no in- terest may be charge for using the money (Art. would be al- lowed only if the guilty party acted in a wanton,
with the NCC. 1956 CC) fraudulent, reckless or
To be considered born, the fetus that had an intrauterine life of less [b] The interest on the amount of damages awarded may be malevolent manner (Article 2232 of the Civil Code).
than seven (7) months imposed at the discretion of Bad faith does not simply connote bad judgment or negligence. It
should live for 24 hours from its complete delivery from the the court at the rate of 6% per annum. No interest, however, shall im- ports a dishonest
mother’s womb. Since Angela be adjudged on purpose or some moral obliquity and conscious do- ing of a wrong, a
had an intrauterine life of less than seven (7) months but did not unliquidated claims or damages, except when or until the demand breach of known
live for 24 hours, she can be established duty through some motive or inter- est or ill will that partakes of the
was not considered born and, therefore, did not become a person with reasonable certainty. Accordingly, where the demand is nature of fraud. In this
(Art. 41). Not being a established with reasonable case, however, RPP’s breach was due to a computer glitch which at
person, she has no juridical capacity to be a donee, hence, the certain- ty, the interest shall begin to run from the time the claim is most can be considered
donation to her did not made judi- cially or as negligence on its part, but definitely does not constitute bad faith
take effect. The donation not being effective, the amount donated extra-judicially, but when such certainty cannot be so reason- ably or fraud as
may be recovered. To established at the time would warrant the award of moral and exemplary damages.
retain it will be unjust enrichment. the demand is made, the interest shall begin to run only from the Rodolfo, married to Sharon, had an illicit affair with his
II. Actual and Compensatory Damages date the judgment of secretary, Nanette, a 19-
Page 197 of 199 the court is made (at which time the quantification of damages may year old girl, and begot a baby girl, Rona. Nanette sued
Civil Law be deemed to have Rodolfo for damages:
With regard to an award of interest in the concept of actual been reasonably ascertained). The actual base for the computation actual, for hospital and other medical expenses in delivering
and compensatory of legal interest shall, the child by caesarean
damages, please state the guidelines regarding the manner in any case, be on the amount finally adjudged (Nacar v. Gallery section; moral, claiming that Rodolfo promised to marry her,
of computing legal Frames, 703 SCRA 439 representing that he
interest in the following situations: [2013]). was single when, in fact, he was not; and exemplary, to
[a] when the obligation is breached and it consists in the III. Moral Damages teach a lesson to likeminded
payment of a sum of Peter, a resident of Cebu City, sent through Reliable Pera Lotharios.
money like a loan or forbearance of money; (2.5%) Padala (RPP) the amount If you were the judge, would you award all the claims of
[bj when the obligation does not constitute a loan or of P20, 000.00 to his daughter, Paula, for the payment of her Nanette? Explain. (3%)
forbearance of money. (2.5%) tuition fee. Paula went (2009 Bar Question)
Consider the issuance of BSP-MB Circular No. 799, which to an RPP branch but was informed that there was no money SUGGESTED ANSWER:
became effective on July remitted to her name. If Rodolfo’s marriage could not have been possibly known to
1, 2013. (2016 BAR) Peter inquired from RPP and was informed that there was a Nanette or there is no gross
[a| When the obligation is breached and it consists in the payment computer glitch and negligence on the part of Nanette, Rodolfo could be held liable for
of a sum of money like the money was credited to another person. Peter and Paula moral damages.
a loan or forbearance of money, in the absence of stipulation, the sued RPP for actual If there is gross negligence in a suit for quasi-delict, exemplary
rate of interest shall be damages, moral damages and exem- plary damages. The damages could be
the legal rate of 6% per annum (Article 2209 CC), which was trial court ruled that there awarded.
increased to 12% per NB Page 198 of 199 IV. Nominal Damages
Circular No. 905, Series of 1982) to be computed from default. The Civil Law V. Temperate or Moderate Damages
twelve percent 12% was no proof of pecuniary loss to the plaintiffs but awarded Page 199 of 199
per annum legal interest shall apply only until June 30, 2013. From moral damages of P20, Civil Law
July 1, 2013, the new 000.00 and exemplary damages of P5, 000.00. On appeal, VI. Liquidated Damages
rate of six percent (6%) per annum shall be the prevailing rate of RPP questioned the VII. Exemplary or Corrective Damages
interest when applicable award of moral and exemplary damages. Is the trial court Rodolfo, married to Sharon, had an illicit affair with his
(Nacar v. Gallery Frames, 703 SCRA 439 12013}, applying BSP -MB correct in awarding moral secretary, Nanette, a 19-
Circular No. 799). and exemplary damages? Explain. (5%) (2016 BAR) year old girl, and begot a baby girl, Rona. Nanette sued
[NOTE: It is suggested that credit also be given in the event that the SUGGESTED ANSWER: Rodolfo for damages:
examinees cite No, the trial court is not correct in awarding moral and exemplary actual, for hospital and other medical expenses in delivering
Tahada v. Tuvera to support the conclusion that publi- cation is dam- ages. The the child by I
unnecessary in the case damages in this case are prayed for based on the breach of contract caesarean section; moral, claiming that Rodolfo promised to
of interpretative regulations and those merely internal in nature, as committed by RPP marry her,
the language of the in failing to deliver the sum of money to Paula. Under the provisions representing that he was single when, in fact, he was not;
problem may be interpreted by the examinees to refer only to mere of the Civil Code, in and exemplary, to teach
guidelines or directory breach of contract, moral damages may be recovered when the a lesson to like-minded Lotharios.
matters}. The examinee should be given credit if he mentions that defendant acted in bad xxx
the actual base for faith or was guilty of gross negligence (amounting to bad faith) or in If you were the judge, would you award all the claims of
computing the interest due on the loan or forbear- ance of money, wanton disregard of Nanette? Explain. (3%)
goods or credit is the his contractual obligation. In the same fashion, to warrant the award (2009 Bar Question)
amount of the loans, forbear- ance, plus whatever interest is of exemplary SUGGESTED ANSWER:
stimulated in writing; damages, the wrongful act must be accomplished by bad faith, and If Rodolfo’s marriage could not have been possibly known to
an award of damages Nanette or there is no gross
negligence on the part of Nanette, Rodolfo could be held liable for
moral damages.
If there is gross negligence in a suit for quasi-delict, exemplary
damages could be
awarded.
VIII. Damages in Case of Death
IX. Graduation of Damages
X. Miscellaneous Rules