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Cañares: Civil law: Torts and Damages: Notes for Midterms

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Vhincent G. Cañares
ATTY. CAÑARES IS A MEMBER OF THE PHILIPPINE BAR.
HE SPECIALIZES IN GOVERNMENT PROCUREMENT. HE
ALSO HANDLES CRIMINAL, CIVIL, AND ADMINISTRATIVE
CASES. AS PROFESSIONAL, HE TREATS HIS CLIENTS'
CAUSES WITH UTMOST IMPORTANCE, PASSION AND
DEDICATION.

FRIDAY, AUGUST 28, 2009

Civil law: Torts and Damages: Notes for Midterms

Quasi-Delict: Definition

Art. 2176: Fault or negligence of a person, who, by his act or omission,

connected or unconnected with, but independent from, any contractual
relation, causes damage to another.

Elcano v. Hill: An act, whether punishable or not punishable by law,

whether criminal or not criminal in character, whether intentional or
voluntary or negligent, which result in the damage to another.

Quasi-Delict v. Torts

QD is known as culpa-aquiliana is a civil law concept while Torts is

Anglo-American or common law concept. Torts is broader than culpa-
aquiliana because it includes not only negligence, but intentional
MANILA criminal acts as well. However, Article 21 with Art 19 and 20, greatly
broadened the scope of the law on civil wrongs; it has become more
supple and adaptable than the Anglo-American law on torts.
ADAMSON UNIVERSITY

Goodluck Quasi-Delict: Scope

Vincentians!
Art. 2176 and Elcano v. Hill: covers not only punishable by law, but also
criminal in character, whether intentional, voluntary, or negligent.

Presence of pre-existing contract generally bars the applicability of the

law on quasi-delict. However, Air France v. Carrascoso and some other
cases provides that the mere existence of a contract does not
automatically negate the existence of quasi-delict xxx the act that
breaks the contract may also be tort. Air France is reiterated in PSBA
vs. CA.

Types of Quasi-Delicts:

Intentional Torts: When the law tries to serve its highest purpose; to
regulate the relations among men; to promote mutual respect, dignity
SEARCH and justice.
Search
Sea Commercial v. CA: Article 19 was intended to expand the concept of

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WELCOME TO ADU LAW torts by granting adequate legal remedy for the untold number of moral
STUDENT PORTAL
wrong which is impossible for human foresight to provide specifically in
This blog shall be statutory law.
primarily for law
students. This site Elements of Abuse of Right
shall mostly 1. there is a legal right or duty
contain law
2. which is exercised in bad faith
related subjects
3. for the sole intent of prejudicing or injuring another
and matter which
may help all law
Article 19 together with the succeeding articles on human relations was
students in their
intended to embody certain basic principles “that are to be observed for
endeavor to law
the rightful relationship between human beings and for the stability of
profession.
their social orders. (Sea Commercial supra)
For the Strict Liability Torts:
improvement of
this site, you may The rule on strict liability is said to be applicable in situations in which
post your social policy requires the defendant make good the harm which results
comments and to others from abnormal risks which are inherent in activities that are
suggestions. You not considered blameworthy because they are reasonably incident to
can also
desirable industrial activities.
contribute to this
site by sending
Provisions:
any law related
1. The possessor of an animal or whoever may make use of the same is
topics to the email
responsible for the damage which it may cause, although it may escape
below.
or be lost (Art. 2183)
vhincentcanares@gm 2. Manufacturers and processors of foodstuffs, etc. (Art 2187)
ail.com 3. RA 7394 or the “Consumer Acts of the Philippines”.
The product is defective when it does not offer the safety rightfully
expected of it, taking relevant circumstances into consideration,
including but not limited to:
a. presentation of product
REMEMBERING CORY b. use and hazard reasonably expected of it
c. the time it was put into circulation
4. Head of the family that lives in a building is responsible for the
damages causes by things thrown or falling from the same ( Art 2193)

Human Dignity

Refer to Jacutin v. People. GR No. 140604, March 6, 2002.

Adamson's Love Art. 26 of NCC.

PORTAL'S CONTENT Nuisance

▼ 2009 (14)
Refer to nuisance in property.
► 08/30 - 09/06 (1)
▼ 08/23 - 08/30 (1) Scope: Public and private
Civil law: Torts and Damages: Nature: per se and per accidense
Notes for Midterms
Nuisance is the limitation of the use of property
► 08/02 - 08/09 (2)
► 07/26 - 08/02 (1) Bengzon v. Province of Pangasinan: The pumping station should have
► 07/19 - 07/26 (1) foreseen the consequences of the construction of such station. The duty

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► 07/05 - 07/12 (1) shifted to pumping station that they should have thought that the
► 06/21 - 06/28 (3) construction may give damage to Bengzons.

► 06/14 - 06/21 (4)

Attractive Nuisance: Requisites
1. it must involve children
2. it must have dangerous instrumentality
ABOUT THE AUTHOR
3. there is a failure to take reasonable precaution

Attractive nuisance is an implied license to enter and a breach of duty.

Quasi-Delict: Person Responsible

LEX INVICTUS
Art. 2176: One who directly responsible for the damages is responsible,
MANILA, NATIONAL CAPITAL
REGION, PHILIPPINES others are:
1. Father or mother with respect to the damages of their minor child.
Adamson University College of Law
is one of the recognized law schools 2. Guardians with authority to minor child or incapacitated who lives
in Manila. It has produced with them
numerous lawyers who become
3. Owners and managers of the establishment with respect to
prominent in the law profession. It
has consistently producing lawyers employees
since its foundation more than 60 4. Employers
years ago.
5. The State
VIEW MY COMPLETE PROFILE 6. Teachers or heads of establishment of arts and trades with respect to
students

Schloendoerff doctrine regards a physician, even if employed by a

hospital, as an independent contractor, because of his skill the exercises
and the lack of control exerted over his work. Under this doctrine, the
hospital is exempt from the application of the repondeat superior
principle for fault or negligence committed by physician in the
discharge of their profession. HOWEVER, Ramos v. CA weakens this
doctrine- hospitals are no longer exempt from universal rule of
respondeat superior.

Doctrine of Corporate Negligence, hospitals have now the duty to make

reasonable effort to monitor and oversee the treatment prescribed and
administered by physicians practicing in its premises.

Doctrine of ostensible agency- imposes liability upon hospital because

of the hospitals’ actions as principal or as employer in somehow
misleading the public into believing that the relationship or the
authority exists.

Quasi-Delict: Requisites

Taylor v. Manila Electric Co.:

1. Fault or negligence of the defendant
2. Damage suffered or incurred by plaintiff
3. The relation of cause and effect between the fault or negligence of the
defendant and the damage incurred by the plaintiff.

Traditional Quasi-Delict: Elements

Art. 2176:

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1. act or omission
2. damage or injury is caused to another
3. fault or negligence is present
4. no pre-existing contractual obligation
5. causal connection between damage done and act or omission

Quasi-Delict and Crime: Difference

Barredo v. Garcia:
1. Crimes affect public interest, while quasi-delict concerns only private
concerns
2. The RPC punishes the criminal act, while NCC, by means of
indemnification, merely repairs the damages incurred
3. Crimes are not broad as quasi-delicts, because the former are
punished only if there is a law clearly covering them, while the latter
include all acts in which any kind of fault or negligence intervenes.

Quasi-Delict and Culpa contractual: Difference

Cangco v. Manila Railroad Co.: Culpa aquiliana (QD) the culpa is

substantive and independent, which of itself constitutes the source of
an obligation between persons not formerly connected by any legal tie,
while culpa contractual, culpa is considered as an accident in the
performance of an obligation already existing.

Test of Negligence

Negligence is statutorily defined to be the omission of that degree of

diligence which is required by the nature of the obligation and
corresponding to the circumstances of persons, time, and place (Art
1173)

Test: Did the defendant in doing the alleged negligent act use that
reasonable care and caution which an ordinary prudent person would
have used in the same situation? If not he is guilty of negligence.
(Roman Law paterfamilias).

CASES

Sea Commercial v. CA- discussion on Art. 19

Afialda v. Hisole- Defense in torts: Assumption of Risk
Jacutin v. People- Human Dignity
Bengzon v. Prov. Of Pangasinan- Nuisance
Taylor v. Manila Electric Co.- Attractive Nuisance
University of the East v. Jader- Art. 19
Uypitching v. Quiamco- Art. 20
Vestil v. IAC- Strict Liability Tort (Art. 2183)
Amonoy v. Gutierrez- Damnum absque injuria (not applied but
discussed)
Albenson Enterprise v. CA- Art. 21 (not applied but cited)
Daywalt v. Corporacion- Intentional Tort, Culpable act, wrongful
interference of third party in a contract (not applied)
Gilchrist v. Cuddy- Wrongful interference of a third party in a contract

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(applied), Intentional act

Wylie v. Rarang- Intentional act/ criminal act
Barredo v. Garcia- Independence of civil liability based on NCC from
civil liability based on RPC
Elcano v. Hill- Civil action lays even the acquittal in criminal case
Dulay v. CA- Master servant rule
Air France v. Carrascoso- Bad faith, Exception in Art. 2176 as basis for
quasi-delict, contractual breach may be subject to torts.
Tenchavez v. Escano- Bad faith
Civil Aeronautics v. CA- Bad faith
Mandarin Villa v. CA- Negligence, test in determining negligence
RCPI v. CA- Negligence
Metropolitan Bank v. CA- Deligence of a good pater familias
POSTED BY LEX INVICTUS AT FRIDAY, AUGUST 28, 2009

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