CHAPTER 3:

Affirmative
Duties
Torts and Damages M 07:30-09:30
Professor: Atty. Lydia Bundac
GROUP 1 PRESENTERS:
Peña, Calvin Nico

Rasuman, Thalya Joannah N.

Sarmiento, Philina Rosario J.

 SEQUENCE OF
TOPICS:
Sarmiento, Philina Rosario J.

Nature of Misfeasance and Nonfeasance

Duty to Rescue

Peña, Calvin Nico

Owners, Proprietors and Possessors

Rasuman, Thalya Joannah N.

Employers and Employees

INTRODUCTION TO
AFFIRMATIVE DUTIES
SARMIENTO, PHILINA ROSARIO J.
INTRODUCTION TO AFFIRMATIVE DUTIES
SARMIENTO, PHILINA ROSARIO J.
INTRODUCTION TO AFFIRMATIVE DUTIES
SARMIENTO, PHILINA ROSARIO J.
INTRODUCTION TO AFFIRMATIVE DUTIES
SARMIENTO, PHILINA ROSARIO J.
INTRODUCTION TO AFFIRMATIVE DUTIES
SARMIENTO, PHILINA ROSARIO J.
INTRODUCTION TO AFFIRMATIVE DUTIES
SARMIENTO, PHILINA ROSARIO J.
AFFIRMATIVE DUTIES
Under the civil law system, fault or negligence suggests
that one has not acted as one, should, that is to say, there
is an error of conduct. The duty is negative in nature.

Breach of the general negative duty is sometimes referred

to as “Misfeasance” while the failure to act is referred to as
nonfeasance or breach of affirmative duties.

INTRODUCTION TO AFFIRMATIVE DUTIES

SARMIENTO, PHILINA ROSARIO J.
AFFIRMATIVE DUTIES
General Rule: It is not part of the general duty
of care to perform a positive obligation; there
is no affirmative duty to perform an act for
the benefit of another.

INTRODUCTION TO AFFIRMATIVE DUTIES

SARMIENTO, PHILINA ROSARIO J.
 AFFIRMATIVE DUTIES
Cangco v. Manila Railroad Company, G.R. No. 12191,
October 14,1918

Cangco was alighting from a moving train when he stepped on a

sack of watermelons on the platform, causing him to fall and be
drawn under the train. His right arm was crushed and
subsequently amputated. He filed an action for damages against
Manila Railroad, claiming negligence on the part of the
company.
INTRODUCTION TO AFFIRMATIVE DUTIES
SARMIENTO, PHILINA ROSARIO J.
 AFFIRMATIVE DUTIES
Cangco v. Manila Railroad Company, G.R. No. 12191,
October 14,1918

The Court of First Instance denied his claim, citing contributory

negligence. But the Supreme Court held that Manila Railroad
was liable, not because of a quasi-delict (culpa extra
contractual), but on account of breach of the contract of
carriage (culpa contractual) between the company and Cangco.

INTRODUCTION TO AFFIRMATIVE DUTIES

SARMIENTO, PHILINA ROSARIO J.
AFFIRMATIVE DUTIES
Exceptionally, law sometimes imposes affirmative duties.
These include affirmative duties that are imposed because
of the public interest involved or the special relationship
between individuals particularly employer-employee
relationships.

INTRODUCTION TO AFFIRMATIVE DUTIES

SARMIENTO, PHILINA ROSARIO J.
AFFIRMATIVE DUTIES
There are also affirmative duties that are imposed by law
or jurisprudence that are considered in some jurisdictions
as purely moral obligation. Generally, the law does not
impose or require performance of moral obligations.
However, it has been observed by Justice Cardozo that
more and more, moral obligations are annexed to the
domain of justice, and it is incorporated into the jural
norm.
INTRODUCTION TO AFFIRMATIVE DUTIES
SARMIENTO, PHILINA ROSARIO J.
AFFIRMATIVE DUTIES
Indeed, moral duties are now imposed not only in tort law
but also in criminal law. Civil liabilities are imposed for
breach of what previously are considered purely moral
obligations. However, not all moral duties are replicated in
legal duties.
There are moral duties that are now legal duties because
they are expressly recognized or imposed by statutes.
Others are judicially recognized.
INTRODUCTION TO AFFIRMATIVE DUTIES
SARMIENTO, PHILINA ROSARIO J.
AFFIRMATIVE DUTIES
The problem therefore is to determine how courts identify
which obligation is already part of the norms.

INTRODUCTION TO AFFIRMATIVE DUTIES

SARMIENTO, PHILINA ROSARIO J.
NATURE OF
MISFEASANCE AND
NONFEASANCE
SARMIENTO, PHILINA ROSARIO J.
NATURE OF MISFEASANCE AND NONFEASANCE
SARMIENTO, PHILINA ROSARIO J.
 Malfeasance

refers to the performance of some act

which ought not to be done.

Examples of Malfeasance:
1. Direct bribery; and
2. Indirect bribery.

NATURE OF MISFEASANCE AND NONFEASANCE

SARMIENTO, PHILINA ROSARIO J.
 Misfeasance (Breach of
General Duty to Care)
refers to the improper performance of some act
which might lawfully be done.

Examples of Misfeasance:
1. Knowingly rendering unjust judgment;
2. Rendering judgment through negligence;
3. Rendering unjust interlocutory order; and
4. Malicious delay in the administration of justice.

NATURE OF MISFEASANCE AND NONFEASANCE

SARMIENTO, PHILINA ROSARIO J.
 Nonfeasance (Breach of
Affirmative Duty)
refers to the omission of an act which ought to be
performed.

Example of Nonfeasance:
1. Dereliction of duty in prosecution of offenses

NATURE OF MISFEASANCE AND NONFEASANCE

SARMIENTO, PHILINA ROSARIO J.
 Misfeasance vis-a-vis
Nonfeasance in two aspects:

NATURE OF MISFEASANCE AND NONFEASANCE

SARMIENTO, PHILINA ROSARIO J.
DUTY TO THE RESCUER
SARMIENTO, PHILINA ROSARIO J.
 The premise underlying the good
Samaritan law traces its origin to the
ancient biblical parable, ultimately
yielding the definition of a good
Samaritan as an individual who
intervenes to assist another individual
without prior notion or responsibility
or promise of compensation.

DUTY TO THE RESCUER - GOOD SAMARITAN RULE

SARMIENTO, PHILINA ROSARIO J.
 Is Good Samaritan Law applicable in the
Philippines?

The study also found out that there is no

Good Samaritan Law in the Philippines,
although there are a few provisions in existing
laws that are akin to the Good Samaritan
Laws of the United States of America.

DUTY TO THE RESCUER - GOOD SAMARITAN RULE

SARMIENTO, PHILINA ROSARIO J.
 It will be recalled that Solano brought an
unconscious Castillo from the Aegis Juris library in
Manila to the Chinese General Hospital on
September 17, 2017. He had initially claimed he
found Castillo on the sidewalk and was initially
hailed as a “good Samaritan.”

His claim, however, was later disputed by

authorities during the investigation of the case.
Solano later backtracked and said during the
preliminary investigation of the case that it was
Arvin Balag, the head of the fraternity and a
respondent in the hazing case, who instructed him
to lie to authorities.

DUTY TO RESCUE - GOOD SAMARITAN RULE

SARMIENTO, PHILINA ROSARIO J.
 Good Samaritan Rule: Duty to the
Rescuer

One who was hurt trying to rescue another

who was injured through negligence may
recover from the person who originally
caused the injury (not the rescued person)

DUTY TO THE RESCUER - GOOD SAMARITAN RULE

SARMIENTO, PHILINA ROSARIO J.
 Requisites to make tortfeasor Liable to
the rescuer.
1. The tortfeasor was Negligent to the
person rescued and such negligence
caused the peril or the appearance of
the peril to the person rescued;
2. The peril or the appearance of peril
was Imminent;
3. A reasonable prudent person who
would have Concluded such peril or
appearance of peril existent; and
4. The rescuer Acted with reasonable
care in effectuating the rescue.

DUTY TO THE RESCUER - GOOD SAMARITAN RULE

SARMIENTO, PHILINA ROSARIO J.
 Wagner v. International Railway Company

As International Ry. Co.’s (Defendant’s) train

turned a curve, a violent lurch threw Plaintiff’s
cousin out of the car. Wagner (Plaintiff) got out
and walked 445 feet until he arrived at the bridge
where he thought he would find his cousin’s body.
Plaintiff lost his footing in the dark, fell from the
structure, and was injured.

Ruling in this case: A tortfeasor is liable to all

those who are injured in a reasonable rescue
attempt. A tortfeasor will not be held liable for
injuries suffered by a rescuer if the rescue efforts
were unreasonable.

DUTY TO THE RESCUER - GOOD SAMARITAN RULE

SARMIENTO, PHILINA ROSARIO J.
 Fortune Express, Inc. v. Court of Appeals

In this case, three armed Maranaos who

pretended to be passengers, seized a bus of
common carrier at Linamon, Lanao Del Norte
while on its way to Iligan City. Among the
passengers of the bus was Atty. Caorong. The
leader of the Maranaos identified as Mananggolo
ordered the driver Cabatuan the stop the bus on
the side of the highway. Atty. Caorong later went
back to get something when he saw that the
Maranaos were already pouring gasoline on the
bus and on the driver. Atty. Caorong pleaded for
the life of the driver, after which the driver
jumped out of the vehicle. Atty. Caorong was shot
to death as a result.

DUTY TO THE RESCUER - GOOD SAMARITAN RULE

SARMIENTO, PHILINA ROSARIO J.
 Fortune Express, Inc. v. Court of Appeals
RTC dismissed the complaint stating that Fortune
was not negligent.

CA Reversed RTC’s ruling: Fortune is negligent.

Despite the tip to Manager Bravo of the devious
plan by several Maranaos, management did not
do not take any safety precautions at all.One
available safeguard that could have absolved
Fortune from liability was frisking of incoming
passengers en route to dangerous areas and bag
inspection at the terminals, which Fortune failed
to do. The frisking system is not novel, insensitive
and dangerous places. Many companies adopt
this measure. Fortune did “absolutely nothing”

DUTY TO THE RESCUER - GOOD SAMARITAN RULE

SARMIENTO, PHILINA ROSARIO J.
 Fortune Express, Inc. v. Court of Appeals

ISSUES:
1. W/N Petitioner is liable for the death of Atty.
Caorong by failing to take necessary precautions
to ensure the safety of its passengers;
2. W/N the attack by the Maranaos constituted
causo fortuito?

DUTY TO THE RESCUER - GOOD SAMARITAN RULE

SARMIENTO, PHILINA ROSARIO J.
 Fortune Express, Inc. v. Court of Appeals

RULING: Petitioner is liable.

Article 1763 holds common carriers liable for the

injuries to passengers caused by the wilful act of
other passengers, if its employees failed to exercise
the diligence of a good father in preventing the act.
• Despite the warning by the constabulary officer,
the petitioner did nothing to protect the safety of its
passengers. If the petitioner took the necessary
precautions, they would have discovered the
weapons and the large quantity of gasoline the
malefactors carried with them. A common carrier is
liable for failing to prevent hijacking by frisking
passengers and inspecting baggages.
DUTY TO THE RESCUER - GOOD SAMARITAN RULE
SARMIENTO, PHILINA ROSARIO J.
 Fortune Express, Inc. v. Court of Appeals
RULING: Petitioner is liable.

• Petitioner is solely liable for Atty. Caorong’s

death. There was no contributory negligence on
the part of the victim, since all he did was
pleading for the life of the driver. His heroic effort
was neither an act of negligence or recklessness.

From the foregoing, it is evident that petitioner’s

employees failed to prevent the attack on one of
petitioner’s buses because they did not exercise
the diligence of a good father of a family. Hence,
the petitioner should be held liable for the death
of Atty. Caorong.

DUTY TO THE RESCUER - GOOD SAMARITAN RULE

SARMIENTO, PHILINA ROSARIO J.
DUTY TO RESCUE
SARMIENTO, PHILINA ROSARIO J.

DUTY TO RESCUE
SARMIENTO, PHILINA ROSARIO J.
The other side of this issue is the question of
liability on the part of the persons who should
have acted in a manner that is consistent with
a man’s natural compassion.
The question is “Is a person who did not rescue
another who is in distress liable to the latter?
Is there a general duty to rescue? No duty to
rescue is recognized in common law.
Even if the failure to help a victim of an
accident might be morally reprehensible, the
person who abstains from helping the victim is
not legally responsible. A person is bound to
act with prudence but not with charity.
 Victims of Crimes

The non-imposition of a duty to rescue is true

even in cases involving intentional acts. Thus,
witnesses to commission of crimes are not
expected to help victims of the said crimes.

DUTY TO RESCUE
SARMIENTO, PHILINA ROSARIO J.
 Exceptions under the Revised Penal Code and
Special Laws

Limited Duty to Rescue - In cases specified in

Article 275 (with penalty of arresto mayor - 1
month 1 day up to 6 months imprisonment)of the
Revised Penal Code

1. To render assistance to any wounded person

or in danger of dying, found in an uninhabited
place, when assistance can be rendered
without danger to himself, unless such
omission shall constitute a more serious
offense;
2. To render assistance to another whom one has
accidentally wounded or injured;
3. To deliver an abandoned child under seven (7)
years of age to authorities or his family or take
him to a safe place;
DUTY TO RESCUE
SARMIENTO, PHILINA ROSARIO J.
 Exceptions under the Revised Penal Code and
Special Laws

Limited Duty to Rescue - RA 4136 Section 55 of the

Land Transportation and Traffic Code

No driver of a motor vehicle concerned in a

vehicular accident shall leave the scene of the
accident without aiding the victim unless he is
excused from doing so.

Individuals required by law to take care of

another person.

DUTY TO RESCUE
SARMIENTO, PHILINA ROSARIO J.
 Exceptions Imposed on Persons with Special
Relationship

It is also believed that duty to rescue may also be

imposed because of special relationships imposed
by law.

For instance, there are individuals who are

required by law to take care of another person.

Hence, they are legally compelled to rescue the

other person under their care or custody. These
include parents with respect to their children or
guardians with respect to their wards.

DUTY TO RESCUE
SARMIENTO, PHILINA ROSARIO J.