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Aquino Torts and Damages Reviewer
Aquino Torts and Damages Reviewer
Aquino Torts and Damages Reviewer
DAMAGES
Timoteo B. Aquino
CHAPTER 1 POLICY SHALL COMPENSATE THE LATTER FOR THE
DAMAGE.
GENERAL CONSIDERATIONS
2. Expanded Scope of Quasi-Delict
TORT
- Latin: ―torquere‖, ―torqueo‖ – to twist or turn ART. 1902. Any person who by act or omission causes damage to
- An unlawful violation of private right, not created by another by his fault or negligence shall be liable for the damage so
contract, and which gives rise to an action for damages done.
- An act or omission producing an injury to another, without
any previous existing lawful relation of which the said act ART. 2176. Whoever by act or omission causes damage to
or omission may be said to be a natural outgrowth or another, there being fault or negligence, is obliged to pay for the
incident (Robles v. Castillo) damage done. Such fault or negligence, if there is no pre-existing
- A private or civil wrong or injury, other than breach of contractual relation between the parties, is called QUASI-
contract for which the court will provide a remedy in the DELICT and is governed by the provisions of this Chapter.
form of an action for damages
- A violation of a duty imposed by general law or otherwise Purposes of Tort Law
upon all persons occupying the relation to each other that is
involved in a given transaction Major Purposes
- A violation of some duty that must arise by operation of 1. To provide a peaceful means for adjusting the rights of parties
law and not by mere agreement of the parties who might otherwise take the law into their own hands
- A legal wrong committed upon person or property 2. To deter wrongful conduct
independent of contract 3. To encourage socially responsible behavior
- A breach of legal duty 4. To restore injured parties to their original condition, insofar as
- A violation of a right given or omission of statutory duty the law can do this, by compensating them for their injury
imposed by law (Naguiat v. NLRC) 5. To reduce the risks and burden of living in the society and to
allocate them among the members of society
Kinds of Tort Liabilities
Balancing of Conflicting Interests
- INTENTIONAL TORTS Interests Protected Torts/Provisions Involved
- Include conduct where the actor desires to cause the Person
consequences of his act or believe the consequences Freedom from contact Physical Injuries (Art. 32)
are substantially certain to result from it Quasi-Delict (Art. 2176)
- EX: assault, battery, false imprisonment, defamation, Freedom from distress Moral Damages (Art. 2217-2220)
invasion of privacy, interference of property
Dignity
- NEGLIGENCE Reputation Defamation (Art. 33)
- Involves voluntary acts or omissions that result in
Privacy Violation of Privacy (Art. 26)
injury to others without intending to cause the same
Freedom from wrongful Malicious Prosecution (Art. 20-21)
- Failure to exercise due care in performing such acts or
actions
omissions
2
CHAPTER 2 RECKLESS IMPRUDENCE consists in voluntary, but without
malice, doing or failing to do an act which material damage
NEGLIGENCE results by reason of inexcusable lack of precaution on the part of
the person performing or failing to perform such act, taking into
Actionable negligence: consideration his employment or occupation, degree of
1. Culpa contractual (CONTRACT) intelligence, physical condition, and other circumstances
2. Culpa aquiliana (QUASI-DELICT) regarding persons, time, and place.
3. Criminal negligence (DELICT)
SIMPLE IMPRUDENCE consists in the lack of precaution
Statutory Basis and Requisites: displayed in those cases in which the damage impending to be
caused is not immediate nor the danger clearly manifest.
Art. 1157 – 5 sources of obligations:
1. Law Elements:
2. Contracts 1. The offender does/fails to do an act;
3. Quasi-Contracts 2. The doing/failure to do that act is voluntary;
4. Delict 3. It is without malice;
5. Quasi-Delict 4. The material damage results from the reckless imprudence; and
5. There is inexcusable lack of precaution on the part of the
QUASI DELICT offender taking into consideration his~
a. Employment/occupation
NCC. – ART. 2176. Whoever by act or omission causes damage b. Degree of intelligence
to another, there being fault or negligence, is obliged to pay for c. Physical condition
the damage done. Such fault or negligence, if there is no pre- d. Other circumstances regarding~
existing contractual relation between the parties, is called i. Persons
QUASI-DELICT and is governed by the provisions of this ii. Time; and
Chapter. iii. Place
Requisites: CONTRACT
1. There must be an act or omission constituting fault or ART. 1170 – 1174 of NCC
negligence. NOT tort actions
2. Damage caused by the said act or omission.
3. Causal relation between the damage and the act or omission Culpa Culpa Culpa Criminal
Aquiliana Contractual (Crimes)
Absence of contract is NOT a requisite. (Quasi-Delict) (Contract)
o A liability for tort may arise even under a contract, The obligation
where tort is that which breaches the contract. There can be a
arises from the
o When an act which constitutes a breach of contract quasi-delict as
breach of There can be no
would have itself constituted the source of a quasi- long as there is
contract crime unless
delictual liability, the contract can be said to have been Legal fault or
because of there is a law
breached by tort, thereby allowing the rules on tort to Basis of negligence
Liability
defendant’s clearly
apply. (American Express Int’l. v. Cordero) resulting in
failure to punishing the
Duty need not be alleged and proved. damage or
exercise due act.
o NOTE: Art. 2195 – 2235 of NCC injury to
care in its
Art. 2176 – 2194 Governing Quasi—Delict ART. 1173. The fault or negligence of the obligor consists in the
2176 Defines quasi-delict and its requisites omission of that diligence which is required by the nature of the
Civil liability arising from a quasi-delict v. Civil liability obligation and corresponds with the circumstances of the persons, of
2177 the time, and of the place.
arising from delict
2178 Art. 1172-1174 are applicable to quasi-delict
2179 Effect of plaintiff’s own negligence - The omission to do something which a reasonable man, guided
Defines the responsibility of FATHER or MOTHER; by those considerations which ordinarily regulate the conduct of
GUARDIANS; OWNERS/MANAGERS of human affairs, would do, or the doing of something which a
establishments; EMPLOYER; STATE; prudent and reasonable man would not (Layugan v. IAC)
2180
TEACHERS/HEADS of Establishments of Arts and - The failure to observe for the protection of the interests of
Trades (FGO-EST) another person, that degree of care, precaution, and vigilance
which the circumstances justly demand, whereby such other
FGO-EST’s reimbursement for what they paid for
2181 person suffers injury (Layugan v. IAC)
damages caused by their dependents or employees
- Want of care required by the circumstance (Corliss v. Manila
States the requirements in order that minor or insane
2182 Railroad Company)
properties may be held answerable
- Conduct which creates an undue risks to others (Valenzuela v.
The possessor or user of animal is liable for the damages
2183 CA)
it may cause
The owner of the motor vehicle is solidarily liable with Test of Negligence
2184
his driver
The driver is presumed negligent if, at the time of the Did the defendant in doing the alleged negligent act use that
2185
mishap, he was violating any traffic regulation reasonable care and caution which an ordinarily prudent person
Every owner of the vehicle shall file a bond (CPTL) to would have used in the same situation?
2186
answer for damages to a third person o Pater familias
Imposes liability to manufacturers and possessors of Could a prudent man, in the case under consideration, foresee
2187 foodstuffs, drinks, etc. if the death/injury is caused by harm as a result of the course actually pursued?
the noxious substances used by them
Prima facie presumption of defendant’s negligence if Foreseeability
death/injury results from his possession of dangerous
4
Negligence is conduct. i. The probability to break away
ii. The gravity of the resulting injury
1. Motive not material iii. The burden of adequate precautions
One may be liable for a practical joke.
- RULE IN THE PH
2. Purely moral fault not covered - Richard Epstein: A COMMON SENSE, INTUITIVE
Only juridical fault is subject to liability. INTERPRETATION
RULES OF LAW: limit the range of complainants and the - ―balancing interests‖
extent of their remedy. - ―balancing of risk‖: interests are to be balanced only in the
3. Prior conduct sense that the purposes of the actor, the nature of his act,
The conduct that should be examined is conduct prior to the and the harm that may result from action or inaction are
injury that resulted or, in proper cases, the aggravation elements to be considered.
thereof.
―DILIGENCE BEFORE THE FACT‖: taking of necessary o Cost of precaution
precautions against mischievous results (St. Francis HS v. - The reasonable response of a reasonable
CA) man depends on the MAGNITUDE OF THE
RISK
4. Not necessarily the safest conduct - If the risk is real and is not small, the cost of
precaution is irrelevant but if the risk,
CASES: although real, is fairly small, one considers
PICART v. SMITH (1918) the cost of precaution.
CIVIL AERONAUTICS ADMINISTRATION v. CA
(1988) o Circumstances of the case
- Negligence is want of care required by the
Calculation of Risk circumstances.
- It is a relative/comparative concept.
- RISK BENEFIT ANALYSIS
o DEAN WILLIAM PROSSER: o Circumstances in Statute
By balancing the risk in the light of the social value of - ART. 1173 of NCC
the interest threatened, and the probability and extent Nature of the obligation
of harm against the value of the interest which the Circumstances of~
actor is seeking to protect, and the expedience of the o Person
course pursued. o Time
o Circumstances considered: o Place
- Gravity of the harm to be avoided - ART. 365, RPC
- Utility of conduct or the social value it seeks Employment/occupation of the
to advance actor
- Alternative course of action, dangers, and Degree of intelligence
advantages to the person or property of the Physical condition
actor himself and to others Circumstances of~
o Person
o PROFESSOR TERRY o Time
REASONABLENESS may depend upon 5 factors: o Place
7
Degrees of Diligence RES IPSA LOQUITUR
―the thing speaks for itself‖
1. EXTRAORDINARY DILIGENCE
2. ORDINARY DILIGENCE (DOAGFOAF) Requisites:
3. SLIGHT DILIGENCE 1. The accident is of a kind which ordinarily does not occur in
the absence of someone’s negligence
Degrees of Negligence 2. It is caused by an instrumentality within the exclusive
control of the defendant(s) – CONTROL OF THE
1. GROSS NEGLIGENCE INSTRUMENTALITY (fundamental element)
ART 2231 of NCC 3. The possibility of contributing conduct which would make
Negligence where there is want of even slight care and the plaintiff responsible is eliminated
diligence, acting or omitting to act in a situation where
there is a duty to act, not inadvertently but willfully and Evidentiary Rule
intentionally, with a conscious indifference to o It is simply a step in the process of such proof,
consequences insofar as other persons may be affected permitting the plaintiff to present along with the proof
Such entire want of care as to raise a presumption that the of the accident, enough of the attending circumstances
person in fault is conscious of the pprobable consequences to invoke the doctrine, creating an inference or
of carelessness, and is indifferent, or worse, to the danger presumption of negligence, and to thereby place on the
of injury to the person or property of others. defendant the burden of going forward with proof.
CASES: o Proving of the elements of negligence by
NEGROS NAVIGATION CO., INC. v. CA circumstantial evidence.
(1997) Rationale
o As a matter of common knowledge and experience,
2. ORDINARY NEGLIGENCE the very nature of certain types of occurrences may
justify an inference of negligence on the part of the
3. CONTRIBUTORY NEGLIGENCE person who controls the instrumentality causing the
injury in the absence of some explanation by the
Proof of Negligence defendant who is charged with negligence.
BURDEN OF PROOF: the duty of a party to present evidence o Negligence may be deduced from the mere occurrence
on the facts in issue necessary to establish his claim or defenses of the accident itself.
by the amount of evidence required by law o DOCTRINE OF COMMON KNOWLEDGE
PLAINTIFF: establish cause of action o It is a rule of necessity.
DEFENDANT: establish his defense o It must also appear that the injured party had no
EVIDENCE: testimonial, documentary, or real; expert witnesses knowledge or means of knowledge as to the cause of
the accident or that the party to be charged with
Presumptions negligence has superior knowledge or opportunity for
explanation of the accident.
Art. 2184. It is disputably presumed that a driver was negligent, if he
had been found guilty of reckless driving or violating traffic When inapplicable
regulations at least twice within the next preceding two months. o If there is DIRECT PROOF of absence or presence of
negligence
Art. 2185. Unless there is proof to the contrary, it is presumed that a
person driving a motor vehicle has been negligent if at the time of the CULPA CONTRACTUAL
c. Contractual Relationship
May cause the presumption of negligence to arise
EX: common carriers
8
CHAPTER 3
DUTY TO RESCUE
AFFIRMATIVE DUTIES
DUTY TO THE RESCUER
Under the civil law system, fault or negligence consists in not
acting as one should – an error of conduct. Courts make defendants liable for the injuries to persons who
The duty is negative in nature. rescue people in distress because of the acts or omission of the
Positive duties exist only where there is a special relationship. said defendants.
The risk of recue, if only, it be not wanton, is born of the
GEN. RULE: It is not part of the GENERAL DUTY OF CARE occasion. The emergency begets the man. The wrongdoer may
to perform a positive obligation. There is NO AFFIRMATIVE not have foreseen the coming of a deliverer BUT he is
DUTY to perform an act for the benefit of another. accountable as if he had.
o The defendant does not have any participation in the One who was hurt while trying to rescue another who was
creation of the harm that brings about the danger to the injured through negligence may recover damages. (Santiago
person who is sought to be benefitted by the v. De Leon)
affirmative act. Conduct which might otherwise be considered contributory
negligence may not be so considered where a person is injured
EXCEPTION Law sometimes imposes AFFIRMATIVE in attempting to save others from imminent danger of personal
DUTIES. injury or death.
o Where antecedent conduct or dispositions of the law NOT an affirmative duty imposed by law BUT part of the the
have placed a person under an obligation to act, it is general negative duty of the actor
clear that his failure to act constitutes fault and The rescuer is within the sphere of risk created by the actor.
engages his responsibility.
o Rationale: Requisites:
Public interest is involved 1. The defendant tortfeasor was negligent to the person rescued
Special relationship between certain and such negligence caused the peril or appearance of the peril
individuals e.g. PRIVITY to the person rescued
Principles of conduct so universally 2. The peril or appearance of peril was imminent
recognized as to be demanded that they be 3. A reasonably prudent person who would have concluded such
observed as a LEGAL DUTY peril or appearance of peril existent
o May be imposed by LAW or JURISPRUDENCE, or 4. The rescuer acted within reasonable care in effectuating the
may be PURELY MORAL OBLIGATIONS rescue
Employers Employees
Actions for QUASI-DELICT can Employee may be liable for
still be maintained even if QUASI-DELICT to the
employees’ compensation is employer for negligence
provided for under the Labor committed while in the
Code performance of their duties.
11
CHAPTER 4 o When physician gives advice, even if communicated
through another health care professional
MALPRACTICE o A contractual relationship
3. ACCOUNTANTS
RA 9298 – PHIL. ACCOUNTANCY ACT OF 2004
An expert with respect to the practice of accounting
Nature of liability: contract / quasi-delict
Standard: ordinary accountant skilled in the knowledge,
science, skills, and practice of accounting rendering
professional services for client
4. INDEPENDENT AUDITORS
Audit of financial transaction
Preparation of audit reports
Nature of liability:
o Contract
o Negligence
o Fraud
Appointment of auditor
o NOT negligent
PRC / Board of Accountancy
o Code of good governance
o Sworn statement on adequate and effective
training
Liability re: audited financial statements
o YES; there is privity with the client
15
CHAPTER 5
NEGLIGENCE OF SELECTED BUSINESS ORGANIZATIONS
SOLIDARY liability
-SG (Art. 2176)
-Agency (Art. 2180)
EXCEPTION
-unknown defects not discernible by
ordinary/reasonable means
INFERENCE OF NEGLIGENCE
-if injury caused is wholly and exclusively
under the control and management of
defendant and the accident is such as in the
ordinary course of events would not have
happened if proper care had been
exercised, its occurrence raises a
presumption/permits of an inference of
negligence on the part of the defendant
Liable for illegal disconnection of
electrical lines/termination of their services
without complying with legal requirements
1. Burning wires
2. Sagging and dangling lines (accident
waiting to happen)
3. Dangerous place of installation and
uninsulated wires
See below. Ordinary diligence Contractual PRIVITY NOT INDISPENSABLE
obligations
DOCTRINE OF SUPERVENING
―Contract for a piece NEGLIGENCE
of work‖ -where both parties are negligent but the
-includes liabilities negligence of one is appreciably later in
caused by time than of the other or when it is
employees impossible to determine whose
fault/negligence should be attributed to the
QUASI-DELICT incident, the one who had the LAST
-design CLEAR OPPORTUNITY to avoid the
-construction impending harm and failed to do so is
chargeable with the consequence thereof.
The CONTRACTOR is likewise responsible for the damages if the edifice falls, within the same period, on account of
defects in the CONSTRUCTION or the USE OF MATERIALS of inferior quality furnished by him or due to any
violation of the terms of the contract. If the engineer or architect supervises the construction, he shall be SOLIDARILY
LIABLE with the contractor.
Acceptance of the building, after completion, does not imply waiver of any of the cause of action by reason of any
defect mentioned in the preceding paragraph.
The action must be brought within 10 YEARS following the collapse of the building.
ART. 1728
The contractor is liable for all the claims of laborers and others employed by him and of third persons for death or
physical injuries during the construction.
DOAGFOAF One vessel is hired to bring another vessel
Towage
to another place
DOAGFOAF Loading and unloading of coastwise
vessels calling at the port
THERE IS A PRESUMPTION OF
NEGLIGENCE.
EX: TRAINS
18
CHAPTER 6 Negligence per se EXCEPT if provided by law otherwise
Depend on:
DEFENSES IN NEGLIGENCE CASES o Merely contributory negligence
o Proximate cause
PARTIAL DEFENSES o Neither contributory or proximate cause
Those that mitigate liability
EX: contributory negligence 4. ASSUMPTION OF RISK
IMPUTED NEGLIGENCE TO PLAINTIFF AS PROXIMATE ART. 103, RPC : person acting because of force and
CAUSE intimidation employed upon him is SUBSIDIARILY LIABLE
to the offended party. – strict liability
3. VIOLATION OF STATUTE BY THE VICTIM OR HIS Complete defense if quasi-delict
AGENT o Self-preservation is the first law of nature.
19
CHAPTER 7 of the given event and so, as much
as any others, is its cause.
CAUSATION Any event has a number of
simultaneous conditions, the series
Without proof of causation, the action for damages based on tort fans out as we go back in time.
fails. JUSTICE CARDOZO: ―Net of Causation‖
Trace the final cause
PROXIMATE CAUSE
That cause which in the natural and continuous 2. POLICY TEST
sequence, unbroken by any efficient intervening The law, as a matter of policy, may limit the
cause, produces the injury and without which the liability of the defendant to certain
result would not have occurred. consequences of his action
May be foreseen or unforeseen If the damage/injury to the plaintiff is
Procuring efficient and predominant cause beyond the scope/limit of the liability fixed
That which sets the others in motion by law, the defendant’s conduct cannot be
considered the proximate cause of the
REMOTE CAUSE damage
That cause which some independent force merely took
advantage of to accomplish something not the natural DIFFERENT CAUSE-IN FACT TESTS:
effect thereof
Not the legal cause of the damages SINE QUA NON TEST (BUT-FOR TEST)
CONCURRENT CAUSES If the first object had not been, the second never had existed.
Where several causes combine to produce injuries, a Defendant’s conduct is the cause-in-fact of the injury.
person is not relieved from liability because he is
responsible for only one of them, it being sufficient SUBSTANTIAL FACTOR TEST
that the negligence of the person charged with injury
is an efficient cause without which the injury would The negligent conduct is the cause-in-fat of the damage if it was
not have resulted to as great an extent, and that such a substantial factor in producing the injuries.
cause is not attributable to the person injured Causes set in motion by the defendant must continue until the
SOLIDARY LIABILITY (Art. 2194, NCC) moment of the damage or at least down the setting in motion of
Doctrine of last clear chance does not apply. the final active injurious force which immediately
produced/preceded the damage.
NEAREST CAUSE If the accident would not have occurred has there been no
Last link in the chain of events negligence on the part of the defendant, the defendant’s conduct
is a substantial damage/injury.
A mere preexisting condition upon which the effective
cause operates, and must have been adequate to
TEST when there are concurrent causes:
produce the resultant damage without the intervention
o When are harms attributable to the defendant whose
of an independent cause
own actions are combined with those of other persons
and natural events?
CAUSE
Something which is usually earlier in time which is
NECESSARY ELEMENT OF SUFFICIENT SET (NESS) TEST
23
CHAPTER 8 State of mind which is manifested by the acts of the
individual concerned consisting of the intention to abstain
HUMAN RELATIONS: from taking an unconscionable and unscrupulous advantage
INTENTIONAL TORTS of another
PRESUMED
Torts intentional in nature
Torts involving malice or bad faith 5. BAD FAITH
Does NOT simply connote bad judgment or simple
General Concepts negligent
Involves a dishonest purpose or some moral obloquy and
1. INTENT conscious doing of a wrong, a breach of known duty to
The actor desires to cause the consequences which are some motives or interest or ill will that partakes the nature
susbstantially certain to result from it of fraud
ELEMENTS:
o It is a state of mind; 6. MALICE
o About consequences of an act/omission and NOT Connotes ill will/spite and speaks NOT in response to duty
about the act itself; and Implies an intention to do ulterior and unjustifiable harm
o It extends NOT only to having in the mind a Bad faith / bad motive
purpose (or desire) to bring about given
consequences but also to having in mind a belief 7. FRAUD
(or knowledge) that given consequences are All kinds of deception – whether through insidious
substantially certain to result from the act machination, manipulation, concealment or
PROF. JOHN FINNIS: the means misrepresentation – that would lead an ordinarily prudent
employed – the act itself – is included person into error after taking the circumstances into
in intent account
MANIFESTATION Involves the deliberate intention to cause
o Malice damage/prejudice, the voluntary execution of a wrongful
o Bad faith act, or a willful omission, knowing and intending the
o Fraud effects which naturally and necessarily arise from such
Specific Content of Intent: MALICE omission.
o Involves a desire to cause unjustifiable harm
o Generally NOT necessarily a specific type of Chapter on Human Relations
harm BUT may be CONTENT SPECIFIC Formulated some basic principles that are to be observed
o EX: Malicious prosecution for the rightful relationship between human beings and for
Activated by an inexcusable intent to the stability of social order
injure, oppress, vex, annoy, or To draw the spirit of the law
humiliate Designed to indicate certain norms that spring from the
o EX: Interference in Contract fountain of good conscience
If the person is used for the indirect Guides for human conduct
purpose of injuring the plaintiff or Run as golden threads through society to the end that law
benefitting the defendant at the expense may approach its supreme ideal, which is the sway and
of the plaintiff – MALICIOUS! dominance of justice
Justice
24
ANOTHER, SHALL INDEMNIFY THE LATTER FOR THE ―Every imaginable wrong is compensable in this jurisdiction.‖
SAME. ELEMENTS:
1. There is an act which is legal.
ARTICLE 21. ANY PERSON WHO WILFULLY CAUSES 2. The act is contrary to morals, good custom, public
LOSS OR INJURY TO ANOTHER IN MANNER THAT IS order, or public policy; and
CONTRARY TO MORALS, GOOD CUSTOMS OR PUBLIC 3. The act is done with intent to injure.
POLICY SHALL COMPENSATE THE LATTER FOR THE
DAMAGE. a. Broad coverage
Breach is self-evident especially if there is fraud,
ART. 20 pervades the entire legal system and renders it oppression, deceit, abuse of power, or confidence, and
impossible that a person who suffers damage because of another other human follies
has violated some legal provision, should find himself without CASE-TO-CASE BASIS
injury. b. Rationale:
ART. 19 declares a principle of law: abuse of right Every good law draws its breath of life from morals.
ART. 21 gives flesh to its provisions. A prudent earnest of justice in the face of the
impossibility of enumerating one by one, all wrongs
ABUSE OF RIGHT which cause damage.
Moral law and laws of the State govern human aims
Elements of cause of action: and conduct which constitute human society itself.
1. There is a legal right or duty. Essence of modern culture: the coincidence of the law
2. The legal right or duty is exercised in bad faith. with moral law
3. The exercise is for the sole intent of prejudicing or
injuring another. (1) BREACH OF PROMISE TO MARRY
Concept: If per se, NOT actionable!
the rule allowing recovery ABUSE OF RIGHT is a Actionable in the ff. circumstances:
departure from the traditional view that a person is o Cases where there was financial damage
NOT liable for damages resulting from the exercise of o Social humiliation was caused to one of the
one’s right parties
QUI IURE SUO UTITUR NEMINEM LAEDIT. o Where there was moral seduction
Honeste vivere, alterum non laedere, jus suum cuique Criminal / moral seduction
tribuere. Deceit
In civilized society, men must be able to assume that Enticement
others will do them no intended injury – that others Superior power
will commit NO internal aggressions upon them; that Abuse of confidence
their fellowmen, when they act affirmatively will do Mere sexual intercourse – NOT a basis for recovery
so with due care which the ordinary understanding and Criminal seduction: ART. 337-338 of the RPC
moral sense of the community exacts and that those in pari delicto rule inapplicable where defendant is guilty
with whom they deal in the general course of society of moral seduction.
will act in good faith.
A person is protected only if he acts in legitimate (2) SEDUCTION AND SEXUAL ASSAULT
exercise of his right with prudence and good faith.
a. MALICE
- an act with inexcusable intent to injure,
oppress, vex, annoy, or humiliate
- the presence of probable cause signifies, as a
legal consequence, the absence of malice.
26
CHAPTER 9 A remedy available to any person whose right to
privacy in life, liberty, or security is threatened by an
HUMAN DIGNITY unlawful act or omission of a public official or of a
private individual or entuty engaged in the gathering,
ARTICLE 26. EVERY PERSON SHALL RESPECT THE collecting, or storing data or information regarding the
DIGNITY, PERSONALITY, PRIVACY AND PEACE OF MIND person, family, home, and correspondence of the
OF HIS NEIGHBORS AND OTHER PERSONS. THE aggrieved party
FOLLOWING AND SIMILAR ACTS, THOUGH THEY MAY 7) Data Privacy Act of 2012 (RA 10173)
NOT CONSTITUTE A CRIMINAL OFFENSE, SHALL
PRODUCE A CAUSE OF ACTION FOR DAMAGES, d. Facets of Privacy
PREVENTION AND OTHER RELIEF: (1) Privacy in the Physical Sense
(1) PRYING INTO THE PRIVACY OF ANOTHER'S Denotes seclusion, solitude, security, or bodily
RESIDENCE; integrity
(2) MEDDLING WITH OR DISTURBING THE (2) Privacy in an Informational Sense
PRIVATE LIFE OR FAMILY RELATIONS OF Denotes confidentiality, secrecy, or anonymity, esp.
ANOTHER; with respect to correspondence, conversation, and
(3) INTRIGUING TO CAUSE ANOTHER TO BE records
ALIENATED FROM HIS FRIENDS; (3) Proprietary Privacy
(4) VEXING OR HUMILIATING ANOTHER ON Limits the use of a person’s name, likeness, identity,
ACCOUNT OF HIS RELIGIOUS BELIEFS, LOWLY or other attributes of identity and exclusive possession
STATION IN LIFE, PLACE OF BIRTH, PHYSICAL (4) Privacy in a decisional sense
DEFECT, OR OTHER PERSONAL CONDITION. Denotes liberty, freedom, choice, or autonomy in
decision making about sex, reproduction, marriage,
I. PRIVACY family, and health care
1. Constitutional Right to Privacy Any law restricting/intruding into such private matters can be
considered as violation of SUBSTANTIVE DUE PROCESS for
a. Scope – Bill of Rights lack of a valid subject.
1) Due process clause (Sec. 1)
2) Protection of the right against unreasonable searches e. Basis of Liability for Damages
and seizures (Sec. 2) ART. 32, NCC
3) Right to privacy of one’s communication and
correspondence (Sec. 3(1)) CASE:
4) Right against self-incrimination (Sec. 17) Blas Ople v. Ruben Torres
5) Liberty of abode and travel (Sec. 6)
6) Right to associations (Sec. 9) 2. Violation of the Right to Privacy as an Independent
Tort
b. Reasonable Expectation of Privacy
US SC: constitutional right in the bedroom Dean Prosser: 4 types of invasion:
o Right of every citizen to be free from (1) Intrusion upon the plaintiff’s seclusion or solitude or into
government intrusion into the most intimate his private affairs
family matters (2) Public disclosure of embarrassing private facts about the
27
o Protects our right to be secure in our homes and Right to define one’s circle of intimacy
possessions, assured that government cannot come Loss of control over which ―face‖ one puts on may result in
barging in. literal loss of self-identity and is humiliating beneath the gaze of
o RIGHT TO SELF-DETERMINATION those whose curiosity treats a human being as an object.
o What makes us civilized!
o Central to dignity and individuality Forms of intrusion:
o Autonomy 1. Prying into the privacy of another’s residence (ART.
o Sense of being free from outside intrusion 26)
NATURAL LAW JUSTIFICATION 2. Criminal trespass (ART. 280, RPC)
o Right to live as one will 3. Peeping tom
o Each individual instinctively resents any
encroachment by the public upon his rights Intrusion in Public Places
which are of a private nature as he does the o GEN. RULE: NO INVASION
withdrawal of those of his rights which are o EXCEPTION: should not constitute harassment or
of a public nature. overzealous shadowing
LIBERTARIAN JUSTIFICATION
o SELF-REGARDING CONDUCT Persons Protected: EVERYONE
- A conduct that neither violates any o RIGHT TO PRIVATE RETREATS
specific duty to the public nor
occasions perceptible hurt to any Intrusion and Freedom of the Press
assignable individual except himself o Newsmen – NO immunity from liability
- People should be left alone if the o Freedom of the press is NOT a license to trespass or to
conduct is self-regarding. intrude by electronic means into precincts of another’s
- The only part of conduct of any one, home or office
for which he is amenable to society, is o NOTE: ―of public interest‖
that which concerns others.
- In the part which merely concerns Intrusion in Administrative Investigation
himself, his independence is, of right, o NO INTRUSION
absolute. o SCHOOLS
- Over himself, over his own body and GEN. RULE: authority of the school is co-
mind, the individual is sovereign. extensive with its territorial jurisdiction or
REJECTION OF THE RIGHT TO PRIVACY its school grounds,so that any action taken
o Privacy is an unnecessary imposition, an for acts committed outside the school
eccentricity that is barely pardonable or, at premises should, in general, be left to the
best, an esoteric Western afterthough police authorities, the courts of justice, and
smacking of legal trickery. the family concerned
EXCEPTIONS:
3. Standard 1. in cases of violations of school policies
or regulations occurring in connection
That of a person of ordinary sensibilities with a school-sponsored activity off-
Relative to the customs of time and place campus; OR
Determined by the norm of an ordinary 2. in cases where the misconduct of the
person student involves his status as a student
Written order shall only be granted/issued upon written PD 55 – punishes unlawful telephone installations because they
application and the examination under oath or affirmation deprive the lawful telephone users of telephones of the right to fll use
of the applicant and the witness he may produce and a of the telephones and violates their right to privacy
showing:
1. That there are reasonable grounds to believe that RA 5733 – punishes registered ECEs who shall engage in illegal
any of the crimes enumerated has been wiretapping and/or the employment of electronics device in violation
committed or is being committed, or is about to of the privacy of another or in disregard of the privilege of private
be committed: PROVIDED, however, that in communications system or device.
cases of …
a. Rebellion COMMUNICATION
b. Conspiracy to commit rebellion - The act of sharing or imparting, as in a conversation
c. Proposal to commit rebellion - The process by which meanings or thoughts are shared between
d. Inciting to rebellion individuals through a common system of symbols (as language
e. Sedition signs or gestures)
f. Conspiracy to commit sedition - Verbal / Non-Verbal
g. Inciting to sedition - Written / Expressive
29
d. Other violations of the provisions of this Act, shall be
Telephone extension devise – NOT contemplated/included penalized with a maximum penalty of P1,000,000.00 or 6
years imprisonment.
INTRUSION IN PUBLIC RECORDS
o Right of the people to information on matters of public RATIONALE: privacy protects us from being misdefined
concern (SEC. 7, ART. III, CONSTI) and judged out of context since there is NO real wall
o Thus, NO INTRUSION. between public and private in cyberspace.
o RA 6713 – CODE OF CONDUCT AND ETHICAL
STANDARDS FOR PUBLIC OFFICIALS VOYEURISM
SEC. 3 – there can be intrusion if personal
privacy is involved. RA 9995 – ANTI-PHOTO AND VIDEO VOYEURISM ACT
OF 2009
INTRUSION IN THE INTERNET Date of Effectivity: February 10, 2010
RA 8792 – Electronic Commerce Act
"PHOTO OR VIDEO VOYEURISM"
SECTION 31. Lawful Access. - Access to an electronic file, or an the act of taking photo or video coverage of a person or
electronic signature of an electronic data message or electronic group of persons performing sexual act or any similar
document shall only be authorized and enforced in favor of the activity or of capturing an image of the private area of a
individual or entity having a legal right to the possession or the use of person or persons without the latter's consent, under
plaintext, electronic signature or file or solely for the authorized circumstances in which such person/s has/have a
purposes. The electronic key for identity or integrity shall not be reasonable expectation of privacy,
made available to any person or party without the consent of the the act of selling, copying, reproducing, broadcasting,
individual or entity in lawful possession of that electronic key. sharing, showing or exhibiting the photo or video
coverage or recordings of such sexual act or similar
SECTION 32. Obligation of Confidentiality. - Except for the activity through VCD/DVD, internet, cellular phones
purposes authorized under this Act, any person who obtained access and similar means or device without the written consent
to any electronic key, electronic data message or electronic of the person/s involved, notwithstanding that consent
document, book, register, correspondence, information, or other to record or take photo or video coverage of same was
material pursuant to any powers conferred under this Act, shall not given by such persons.
convey to or share the same with any other person.
SECTION 4. Prohibited Acts. - It is hereby prohibited and declared
SECTION 33. Penalties. - The following Acts, shall be penalized by unlawful for any person:
fine and/or imprisonment, as follows: a. To take photo or video coverage of a person or group of
a. HACKING OR CRACKLING with refers to persons performing sexual act or any similar activity or to
unauthorized access into or interference in a computer capture an image of the private area of a person/s such as
system/server or information and communication system; the naked or undergarment clad genitals, public area,
or any access in order to corrupt, alter, steal, or destroy buttocks or female breast without the consent of the
using a computer or other similar information and person/s involved and under circumstances in which the
communication devices, without the knowledge and person/s has/have a reasonable expectation of privacy;
consent of the owner of the computer or information and b. To copy or reproduce, or to cause to be copied or
communications system, including the introduction of reproduced, such photo or video or recording of sexual act
computer viruses and the like, resulting in the corruption, or any similar activity with or without consideration;
destruction, alteration, theft or loss of electronic data c. To sell or distribute, or cause to be sold or distributed, such
31
for individuals to expend the time and resources Defendant’s acts were the controlling cause of the loss
necessary to produce them. of affection.
3) Right of publicity serves both individual and societal o Ill will or spite need not be shown.
interests by preventing what is regarded by our legal
tradition as wrongful misconduct: unjust enrichment d) Alienation of affection by non-relatives
and deceptive trade practices To deter pernicious meddling of ―so called friends‖
Malice necessary!
II. INTERFERENCE WITH FAMILY AND OTHER Must be the controlling cause!
RELATIONS
3. Disturbing Family Relations
1. Alienation of Affection (ART. 26) Disruption of filial tranquility
Meddling of so-called friends who poison the o Liable for quasi-delict (ART. 2219)
mind of one or more members of the family
against the other members III. VEXATION AND HUMILIATION
No reasonable person could be expected to endure it. There are CRIMINAL and CIVIL LIABILITIES independent of
Severity of the distress is an element of the cause of each other.
action, not simply a matter of damages.
Prove more than mere worry, anxiety, vexation, RA 7277 – MAGNA CARTA FOR DISABLED PERSONS
embarrassment, or anger.
A plaintiff is necessarily expected and required to be SECTION 32. Discrimination on Employment. – No entity, whether
handed to a certain amount of criticism, rough public or private, shall discriminate against a qualified disabled
language, and to occasional acts and words that are person by reason of disability in regard to job application procedures,
definitely inconsiderate and unkind. the hiring, promotion, or discharge of employees, employee
NONETHELESS, an intentional tort to express an compensation, job training, and other terms, conditions, and
unflattering opinion and some safety valve must be privileges of employment. The following constitute acts of
left through which irascible tempers may blow off discrimination:
relatively harmless steam. a. Limiting, segregating or classifying a disabled job applicant in
such a manner that adversely affects his work opportunities;
VEXATION b. Using qualification standards, employment tests or other
- An act of annoyance or irritation that causes distress selection criteria that screen out or tend to screen out a disabled
or agitation person unless such standards, tests or other selection criteria are
shown to be jobrelated for the position on question and are
EMOTIONAL DISTRESS DEFAMATION consistent with business necessity;
Personal in nature c. Utilizing standards, criteria, or methods of administration that:
A civil action filed by an 1) have the effect of discrimination on the basis of
individual to assuage the injuries disability; or
to his emotional tranquility due 2) perpetuate the discrimination of others who are subject
to personal attacks on his to common administrative control;
character d. Providing less compensation, such as salary, wage or other
forms of remuneration and fringe benefits, to a qualified
Reactive harm principle Relational harm principle
disabled employee, by reason of his disability, than the amount
Includes injuries to Includes harm to social
to which a non-disabled person performing the same work is
individual emotional relationships in the
entitled;
tranquility community in the form
e. Favoring a non-disabled employee over a qualified disabled
of defamation
employee with respect to promotion, training opportunities,
study and scholarship grants, solely on account of the latter’s
EMOTIONAL DISTRESS PARASITIC DAMAGES disability;
Depend on the existence of f. Re-assigning or transferring a disabled employee to a job or
another tort instead of an position he cannot perform by reason of his disability;
independent tort for intentional g. Dismissing or terminating the services of a disabled employee
affliction of emotional distress by reason of his disability unless the employer can prove that he
May still be abuse of right or act impairs the satisfactory performance of the work involve to the
contrary to morals prejudice of the business entities; Provided, however, That the
SECTION 2. Declaration of Policy. - The State shall value the MORAL PERVERSITY!
dignity of every individual, enhance the development of its human Employer or head of office
resources, guarantee full respect for human rights, and uphold the o Solidarily liable for damages if informed of
dignity of workers, employees, applicants for employment, students the acts by the offended party and NO
or those undergoing training, instruction or education. Towards this immediate action is taken thereon.
end, all forms of sexual harassment in the employment, education or
training environment are hereby declared unlawful. SECTION 4. Duty of the Employer or Head of Office in a Work-
related, Education or Training Environment. - It shall be the duty of
PENALTIES: the employer or the head of the work-related, educational or training
o Imprisonment: 1-6 months environment or institution, to prevent or deter the commission of acts
36
security, benefits and any other personnel action) o SH as discrimination
affecting the applicant/employee; or When the workplace is permeated with
(2) the act or series of acts have the purpose or effect discriminatory intimidation, ridicule, and
of interfering with the complainant’s work insult that is sufficiently severe or pervasive
performance, or creating an intimidating, hostile to alter the conditions of the victim’s
or offensive work environment; or employment and create an abusive working
(3) the act or series of acts might reasonably be environment
expected to cause discrimination, insecurity, ART. 135, LABOR CODE
discomfort, offense or humiliation to a ART. 21, NCC
complainant who may be a co-employee, SEC. 1, ART. XIII, CONSTI
applicant, customer, or word of the person o Civil Liability Based on DELICT
complained of. (SEC. 3(a)) RA 7877 – ART. 100, RPC
RA 9710 – SEC. 41
EDUCATION OR TRAINING-RELATED SEXUAL
HARASSMENT is committed against one who is under
the actual or constructive care, custody or supervision of
the offender, or against one whose education, training,
apprenticeship, internship or tutorship is directly or
constructively entrusted to, or is provided by, the offender,
when:
(1) submission to or rejection of the act or series of
acts as a basis for any decision affecting the
complainant, including, but not limited to, the
giving of a grade, the granting of honors or a
scholarship, the payment of a stipend or
allowance, or the giving of any benefit, privilege
or consideration.
(2) the act or series of acts have the purpose or effect
of interfering with the performance, or creating
an intimidating, hostile or offensive academic
environment of the complainant; or
(3) the act or series of acts might reasonably
expected to cause discrimination, insecurity,
discomfort, offense, or humiliation to a
complainant who may be a trainee, apprentice,
intern, tutee, or ward of the person complained
of. (SEC. 3(b))
APPLICABLE LAWS: In any of the cases referred to in this article, whether or not the
NCC – ART. 32, 33, 34 defendant's act or omission constitutes a criminal offense, the
ART. 135, LABOR CODE (discrimination) aggrieved party has a right to commence an entirely separate and
SEC. 5, ANTI-SH ACT (SH) distinct civil action for damages, and for other relief. Such civil
action shall proceed independently of any criminal prosecution (if
BASIS: 2 views. – the latter be instituted), and may be proved by a preponderance
1. SEN. TOLENTINO of evidence.
Civil liability arising from DELICT
To allow the citizen to enforce his rights in a The indemnity shall include moral damages. Exemplary damages
private action brought by him, regardless of the may also be adjudicated.
action of the State attorney
Civic spirit The responsibility herein set forth is not demandable from a
Individual self-reliance and initiative judge unless his act or omission constitutes a violation of the
2. JUSTICE CAGUIOA Penal Code or other penal statute.
CULPA AQUILIANA
Separate and distinct from the civil liability A. RATIONALE
arising from crime Essential to the effective maintenance of democracy
AQUINO: This is more correct. In most cases, threat to freedom originates
from abuses of power by government
I. ART. 32: VIOLATION OF CIVIL AND POLITICAL officials and peace officers.
RIGHTS The requirement of proof beyond reasonable
doubt often prevented the appropriate
ARTICLE 32. Any public officer or employee, or any private punishment.
individual, who directly or indirectly obstructs, defeats, violates There are those subtle, clever, and indirect
or in any manner impedes or impairs any of the following rights ways which do not come within the pale of
and liberties of another person shall be liable to the latter for penal law.
damages:
(1) Freedom of religion; B. HOW COMMITTED
(2) Freedom of speech; Intentional acts
(3) Freedom to write for the press or to maintain a Negligence
periodical publication;
(4) Freedom from arbitrary or illegal detention; Good faith does not excuse violation.
(5) Freedom of suffrage; To be liable, it is enough that there was a violation of
39
act is not of a serious nature, the penalty shall be arresto shall have been made against Government employees with
menor or a fine not exceeding 200 pesos. respect to facts related to the discharge of their official duties.
Section Two. - General provisions In such cases if the defendant proves the truth of the imputation
made by him, he shall be acquitted.
ARTICLE 360. Persons responsible. - Any person who shall
publish, exhibit, or cause the publication or exhibition of any ARTICLE 362. Libelous remarks. - Libelous remarks or
defamation in writing or by similar means, shall be responsible comments connected with the matter privileged under the
for the same. provisions of Article 354, if made with malice, shall not exempt
the author thereof nor the editor or managing editor of a
The author or editor of a book or pamphlet, or the editor or newspaper from criminal liability.
business manager of a daily newspaper, magazine or serial
publication, shall be responsible for the defamations contained Reason for liability: to protect the reputation of every
therein to the same extent as if he were the author thereof. individual which is necessary to human society that
underlie the whole scheme of civilization
The criminal and civil action for damages in cases of written
defamations as provided for in this chapter, shall be filed A RELATIONAL INTEREST – involves the opinion
simultaneously or separately with the court of first instance of others in the community may have or tend to have of the
the province or city where the libelous article is printed and first plaintiff.
published or where any of the offended parties actually resides
at the time of the commission of the offense: Provided, however, Law protects the interest in REPUTATION – the interest in
That where one of the offended parties is a public officer whose acquiring, retaining, and enjoying one’s reputation as good
office is in the City of Manila at the time of the commission of as one’s character and conduct warrant.
the offense, the action shall be filed in the Court of First
Instance of the City of Manila, or of the city or province where NOTE: Freedom of the Press: newspapers should be given
the libelous article is printed and first published, and in case such leeway and tolerance as to enable them to
such public officer does not hold office in the City of Manila, courageously and effectively perform their important role
the action shall be filed in the Court of First Instance of the in democracy
province or city where he held office at the time of the o Requirements:
commission of the offense or where the libelous article is printed Good faith
and first published and in case one of the offended parties is a Reasonable care
private individual, the action shall be filed in the Court of First Honest mistakes/imperfection
Instance of the province or city where he actually resides at the o TEST: actual malice i.e. with knowledge that it
time of the commission of the offense or where the libelous was false or with reckless disregard of whether it
matter is printed and first published: Provided, further, That the was false or not.
civil action shall be filed in the same court where the criminal o BUT does not encourage irresponsible or
action is filed and vice versa: Provided, furthermore, That the licentious publications
court where the criminal action or civil action for damages is
first filed, shall acquire jurisdiction to the exclusion of other REQUISITES OF LIABILITY:
courts: And, provided, finally, That this amendment shall not (A)
apply to cases of written defamations, the civil and/or criminal 1. The imputation of a discreditable act or condition
actions which have been filed in court at the time of the 2. Publication of the imputation
effectivity of this law. 3. Identity of the person defamed
Cases Covered:
o ART. 315(2)(a-c) and (3), RPC – estafa
committed through false pretenses
o PD 115 – estafa for violation of Trust Receipts
Law
o Misrepresentation made by sellers and
manufacturers
3. PHYSICAL INJURIES
BATTERY / ASSAULT
BATTERY: an intentional infliction of harmful or
offensive bodily contact
o Offends a reasonable person’s sense of
dignity
o Even if intended as a joke/compliment
ASSAULT: an intentional conduct by one person
directed at another which places the latter in
apprehension of immediate bodily harm or offensive act
Cases where death results included!
Reckless imprudence NOT included but covered by
ART. 2176, NCC.
44
CHAPTER 11 Amount of damages to be awarded must be apportioned according to
THEIR RESPECTIVE RESPONSIBILITIES to be paid by them:
CIVIL LIABILITY ARISING FROM DELICT
- SOLIDARILY within their respective class
1. BASIS OF LIABILITY
- SUBSIDIARILY for others of a different class
Article 100. Civil liability of a person guilty of felony. - Every person
criminally liable for a felony is also civilly liable.
a. Separate and Subsidiary Liability
If principal and accessory concur: the amount for which the principal
Crime has a DUAL CHARACTER:
is primarily liable is different and separate from the amount for which
1) Offense against the STATE
the accessory is liable.
2) Offense against the PRIVATE PERSON
- Liability imposed is NOT TO BE PAID JOINTLY AND
What gives rise to civil liability is the obligation of everyone to repair
SEVERALLY
or to make whole the damage caused to another by reason of his act
- But each of the, shall be SUBSIDIARILY liable for the
or omission, whether done intentionally or negligently and whether or
other’s share in case of latter’s INSOLVENCY
not punishable by law.
b. SOLIDARY WITHIN THE CLASS
a. Special Criminal Laws
Among members of the same class: liability is SOLIDARY
Dual character of crimes is present not only in felonies under RPC
- The accused who paid the civil indemnity may later claim
but also in cases governed by special laws:
from his partners-in-crime the share that corresponds to
- RA 9262: Anti-VAWC Act of 2004
each
- BP 22
- Rules of Procedure for Environmental Cases
c. Order of Preference
Order established by Art. 110 RPC with respect to enforcement of
b. When there is NO LIABILITY EVEN IF THERE IS DELICT
subsidiary liability as follows:
Not all offenses give rise to civil liability.
a. Principal
- In contravention of ordinances, violations of game laws and
b. Accomplice
infraction of rules of traffic when nobody is hurt
c. Accessory
- Crimes of treason, rebellion, espionage, contempt and other
similar crimes
3. WHAT IS INCLUDED IN CIVIL LIABILITY
The absence of civil liability is the result of the fact that either there
Includes RESTITUTION, REPARATION FOR DAMAGES
are no damages to be compensated or there is no private person
CAUSED and INDEMNIFICATION FOR CONSEQUENTIAL
injured by the crime.
DAMAGES
c. Public and Private Offenses NOT MATERIAL
Presence of civil liability in offenses is NOT DETERMINED BY Article 105. Restitution; How made. - The restitution of the thing
THE FACT THAT THE CRIME IS PUBLIC OR PRIVATE. itself must be made whenever possible, with allowance for any
- There is civil liability even if the offense is a public deterioration, or diminution of value as determined by the court.
offense, like bigamy
The thing itself shall be restored, even though it be found in the
2. PERSONS LIABLE possession of a third person who has acquired it by lawful means,
Under the RPC, persons who are criminally liable: PRINCIPALS, saving to the latter his action against the proper person, who may be
ACCOMPLICES AND ACCESSORIES liable to him.
4. PROXIMATE CAUSE
Two or more persons civilly liable for felony: Courts will determine Article 2202. In crimes and quasi-delicts, the defendant shall be
specific amount of liability for each person liable for all damages which are the natural and probable
45
consequences of the act or omission complained of. It is not 3. A person over nine years of age and under fifteen, unless he has
necessary that such damages have been foreseen or could have acted with discernment, in which case, such minor shall be proceeded
reasonably been foreseen by the defendant. against in accordance with the provisions of Art. 80 of this Code.
Rule on proximate cause in quasi-delict cases is applicable to cases When such minor is adjudged to be criminally irresponsible, the
involving civil liability arising from delict court, in conformably with the provisions of this and the preceding
- It is not necessary that such damages have been foreseen or paragraph, shall commit him to the care and custody of his family
could have reasonably been foreseen by the accused who shall be charged with his surveillance and education otherwise,
he shall be committed to the care of some institution or person
5. CIRCUMSTANCES AFFECTING CIVIL LIABILITY mentioned in said Art. 80.
5.01 JUSTIFYING AND EXEMPTING CIRCUMSTANCES
Article 11. Justifying circumstances. - The following do not incur 4. Any person who, while performing a lawful act with due care,
any criminal liability: causes an injury by mere accident without fault or intention of
1. Anyone who acts in defense of his person or rights, provided that causing it.
the following circumstances concur;
First. Unlawful aggression. 5. Any person who act under the compulsion of irresistible force.
Second. Reasonable necessity of the means employed to
prevent or repel it. 6. Any person who acts under the impulse of an uncontrollable fear
Third. Lack of sufficient provocation on the part of the of an equal or greater injury.
person defending himself.
5.02 AGGRAVATING AND MITIGATING CIRCUMSTANCES Whenever more than three armed malefactors shall have acted
Article 13. Mitigating circumstances. - The following are mitigating together in the commission of an offense, it shall be deemed to have
circumstances; been committed by a band.
1. Those mentioned in the preceding chapter, when all the requisites
necessary to justify or to exempt from criminal liability in the
respective cases are not attendant. 7. That the crime be committed on the occasion of a conflagration,
shipwreck, earthquake, epidemic or other calamity or misfortune.
2. That the offender is under eighteen year of age or over seventy
years. In the case of the minor, he shall be proceeded against in 8. That the crime be committed with the aid of armed men or persons
accordance with the provisions of Art. 80. who insure or afford impunity.
3. That the offender had no intention to commit so grave a wrong as 9. That the accused is a recidivist.
that committed.
A recidivist is one who, at the time of his trial for one crime, shall
4. That sufficient provocation or threat on the part of the offended have been previously convicted by final judgment of another crime
party immediately preceded the act. embraced in the same title of this Code.
5. That the act was committed in the immediate vindication of a 10. That the offender has been previously punished by an offense to
grave offense to the one committing the felony (delito), his spouse, which the law attaches an equal or greater penalty or for two or more
ascendants, or relatives by affinity within the same degrees. crimes to which it attaches a lighter penalty.
6. That of having acted upon an impulse so powerful as naturally to 11. That the crime be committed in consideration of a price, reward,
have produced passion or obfuscation. or promise.
8. That the offender is deaf and dumb, blind or otherwise suffering 13. That the act be committed with evidence premeditation.
some physical defect which thus restricts his means of action,
defense, or communications with his fellow beings.
14. That the craft, fraud or disguise be employed.
Article 15. Their concept. - Alternative circumstances are those 7. CONCURRENCE OF CAUSES OF ACTION AND
which must be taken into consideration as aggravating or mitigating REMEDIES
according to the nature and effects of the crime and the other Article 2177. Responsibility for fault or negligence under the
conditions attending its commission. They are the relationship, preceding article is entirely separate and distinct from the civil
intoxication and the degree of instruction and education of the liability arising from negligence under the Penal Code. But the
offender. plaintiff cannot recover damages twice for the same act or omission
of the defendant.
The alternative circumstance of relationship shall be taken into A single act or omission may give rise to two separate causes of
consideration when the offended party in the spouse, ascendant, action.
descendant, legitimate, natural, or adopted brother or sister, or - It may be based on Quasi-delict or any of Articles 32, 33,
relative by affinity in the same degrees of the offender. 34 NCC
- Subject only to the proscription against double recovery
The intoxication of the offender shall be taken into consideration as a
mitigating circumstances when the offender has committed a felony 7.01 REMEDIES
in a state of intoxication, if the same is not habitual or subsequent to a. ROC Provision, RULE 111
the plan to commit said felony but when the intoxication is habitual
or intentional, it shall be considered as an aggravating circumstance. Section 1. Institution of criminal and civil actions. — (a) When a
criminal action is instituted, the civil action for the recovery of
Damages to be adjudicated may either be increased or reduced civil liability arising from the offense charged shall be deemed
depending on the presence of aggravating or mitigating instituted with the criminal action unless the offended party
circumstances. waives the civil action, reserves the right to institute it separately
- Exemplary damages may be awarded when the crime was or institutes the civil action prior to the criminal action.
committed with one or more aggravating circumstances
The reservation of the right to institute separately the civil action
NO EXEMPLARY DAMAGES IF NO AGGRAVATING shall be made before the prosecution starts presenting its
CIRCUMSTANCES ARE PRESENT. evidence and under circumstances affording the offended party a
reasonable opportunity to make such reservation.
RULE 111, Sec. 4 RCP (b) The criminal action for violation of Batas Pambansa Blg. 22
Death AFTER ARRAIGNMENT AND DURING PENDENCY of shall be deemed to include the corresponding civil action. No
criminal action: Extinguish civil liability arising form delict reservation to file such civil action separately shall be allowed.
48
Upon filing of the aforesaid joint criminal and civil actions, the an executor or administrator and the court may appoint a guardian ad
offended party shall pay in full the filing fees based on the amount of litem for the minor heirs.
the check involved, which shall be considered as the actual damages
claimed. Where the complaint or information also seeks to recover The court shall forthwith order said legal representative or
liquidated, moral, nominal, temperate or exemplary damages, the representatives to appear and be substituted within a period of thirty
offended party shall pay additional filing fees based on the amounts (30) days from notice.
alleged therein. If the amounts are not so alleged but any of these
damages are subsequently awarded by the court, the filing fees based
on the amount awarded shall constitute a first lien on the judgment. A final judgment entered in favor of the offended party shall be
enforced in the manner especially provided in these rules for
prosecuting claims against the estate of the deceased.
Where the civil action has been filed separately and trial thereof has
not yet commenced, it may be consolidated with the criminal action
upon application with the court trying the latter case. If the If the accused dies before arraignment, the case shall be dismissed
application is granted, the trial of both actions shall proceed in without prejudice to any civil action the offended party may file
accordance with section 2 of this Rule governing consolidation of the against the estate of the deceased. (n)
civil and criminal actions. (cir. 57-97)
Section 5. Judgment in civil action not a bar. — A final judgment
Section 2. When separate civil action is suspended. — After the rendered in a civil action absolving the defendant from civil liability
criminal action has been commenced, the separate civil action arising is not a bar to a criminal action against the defendant for the same act
therefrom cannot be instituted until final judgment has been entered or omission subject of the civil action. (4a)
in the criminal action.
Section 6. Suspension by reason of prejudicial question. — A
If the criminal action is filed after the said civil action has already petition for suspension of the criminal action based upon the
been instituted, the latter shall be suspended in whatever stage it may pendency of a prejudicial question in a civil action may be filed in the
be found before judgment on the merits. The suspension shall last office of the prosecutor or the court conducting the preliminary
until final judgment is rendered in the criminal action. Nevertheless, investigation. When the criminal action has been filed in court for
before judgment on the merits is rendered in the civil action, the same trial, the petition to suspend shall be filed in the same criminal action
may, upon motion of the offended party, be consolidated with the at any time before the prosecution rests. (6a)
criminal action in the court trying the criminal action. In case of
consolidation, the evidence already adduced in the civil action shall Section 7. Elements of prejudicial question. — The elements of a
be deemed automatically reproduced in the criminal action without prejudicial question are: (a) the previously instituted civil action
prejudice to the right of the prosecution to cross-examine the involves an issue similar or intimately related to the issue raised in
witnesses presented by the offended party in the criminal case and of the subsequent criminal action, and (b) the resolution of such issue
the parties to present additional evidence. The consolidated criminal determines whether or not the criminal action may proceed
and civil actions shall be tried and decided jointly.
b. NCC Provisions
During the pendency of the criminal action, the running of the Article 29. When the accused in a criminal prosecution is acquitted
period of prescription of the civil action which cannot be on the ground that his guilt has not been proved beyond reasonable
instituted separately or whose proceeding has been suspended doubt, a civil action for damages for the same act or omission may be
shall be tolled. (n) instituted. Such action requires only a preponderance of evidence.
Upon motion of the defendant, the court may require the plaintiff to
Section 4. Effect of death on civil actions. — The death of the Article 31. When the civil action is based on an obligation not arising
accused after arraignment and during the pendency of the criminal from the act or omission complained of as a felony, such civil action
action shall extinguish the civil liability arising from the delict. may proceed independently of the criminal proceedings and
However, the independent civil action instituted under section 3 of regardless of the result of the latter.
this Rule or which thereafter is instituted to enforce liability arising
from other sources of obligation may be continued against the estate
c. Dependent Civil Actions
or legal representative of the accused after proper substitution or Civil liability arising from crime is impliedly instituted with the
against said estate, as the case may be. The heirs of the accused may criminal action but a separate case may be filed to enforce the same
be substituted for the deceased without requiring the appointment of
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Rules:
1) If a case was filed ahead of criminal case: Separate
action shall be suspended until a final judgment is
rendered in the criminal case
2) If no case is filed: a separate case cannot be filed until
the rendition of final judgment
3) Civil liability is extinguished if the criminal case
resulted in an acquittal with a finding that the act
complained of was not actually committed by the
accused
d. Effect of ACQUITTAL
If the accused is acquitted on the ground that the act complained of
was not committed: Civil liability arising from crime is extinguished
but not to civil liability arising from quasi-delict
- The responsibility arising from fault or negligence in quasi-
delict is entirely separate and distinct from that arising from
negligence under the RPC
- When accused in a criminal prosecution is acquitted in the
ground that his guilt has not been proved beyond
reasonable doubt, civil action for damages for same act or
omission may be instituted
8. PREJUDICIAL QUESTION
50
CHAPTER 12 Solidary liability exists not only if the defendants
conspired to bring about the result but also in cases
THE DEFENDANTS where causes are independent of each other.
Defendants – persons who may be sued for tort, particularly those c. Separate Causal Set
who may be held for quasi-delict under Art. 2176 of the Civil Code.
Occurs when defendants acted separately or
Both natural and juridical persons may be held liable for quasi-delict. independently and even without prior agreement or
With respect to juridical persons, the liability is, in a sense, always relationship or connection with each other.
imputed because artificial beings act only through their officers, o EX: the proximate causes of the injury are
employees agents. Even the State and its political subdivisions, may, two causal sets which are separately
in proper cases, be subject to civil liability. sufficient to cause the injury, both persons
who are the authors of the two separate
I. CONCURRENT NEGLIGENCE causes are liable jointly and severally.
1. GENERAL CONCEPTS The father and, in case of his death or incapacity, the mother, are
responsible for the damages caused by the minor children who
a. There is VICARIOUS LIABILITY where a person is not live in their company.
only liable for torts committed by himself, but also for torts
committed by others with whom he has a certain Guardians are liable for damages caused by the minors or
relationship and for whom he is responsible. incapacitated persons who are under their authority and live in
b. ―Doctrine of Imputed Negligence‖ their company.
c. Liability is limited to cases in which the person upon whom
such obligatin is imposed is morally culpable or, on the The owners and managers of an establishment or enterprise are
contrary, for reasons of public policy, to extend that likewise responsible for damages caused by their employees in
liability, without regard to the lack of moral culpability, so the service of the branches in which the latter are employed or on
as to include responsibility for the negligence of those the ocassion of their functions.
persons whose acts or omissions are imputable, by legal
fiction, to others who are in a position to exercise an Employers shall be liable for damages caused by their employees
absolute or limited control over them. and household hepers acting within the scope of their assigned
d. MORAL RESPONSIBILITY may consist in having failed tasks, even though the former are not engaged in any business or
to exercise due care in one’s own acts, or in having failed industry.
to exercise due care in the selection and control of one’s
ART. 218. The school, its administrators and teachers, or the The courts shall determine, in sound discretion, the
individual, entity, or institution engaged in child care shall have proportionate amount for which each one shall be liable.
special parental authority and responsibility over the minor child
while under their supervisiosn, instruction, or custody. When the respective shares cannot be equitably determined, even
approimately, or when the liability also attaches to the
Authority and responsibility shall apply to all authorized Government, or to the majority of the inhabitants of the town,
activities whether inside or outside the premises of the school, and in all events, whenever the damages have been caused with
entity, or institution. the consent of the authorities or their agents, indemnification
shall be made in the manner prescribed by special laws or
ART. 219. Those given the authority and resposibility under the regulations.
preceding Article shall be principally and solidarily liable for
damages caused by the acts or omissions of the unemancipated Third. In cases falling within subdivisions 5 and 6 of Art. 12, the
minor. The parents, judicial guardians, or the persons exercising persons using violence or causing the fears shall be primarily
substitute parental authority over said minor shall be liable and secondarily, if there be no such persons, those doing
subsidiarily liable. the act shall be liable, saving always to the latter that part of the
property exempt from execution.
The respective liabilities of those referred to in the preceding
paragraph shall not apply if it is proved that they exercised the ART. 102. Subsidiary civil liability of innkeepers, tavernkeepers,
proper diligene required under the particular circumstances. and proprietors of establishments. – In default of the persons
criminally liable, innkeepers, tavernkeepers, and any other
ART. 221. Parents and other persons exercising parental persons or corporations shall be civilly liable for crimes
authority shall be civilly liable for the injuries and damages committed in their establishments, in all cases where a violation
caused by the acts or omissions of their unemancipated children of municipal ordinances or some general police regulation shall
living in their company and under their parental authority have been committed by them or their employees.
subject to the appropriate defenses provided by law.
Innkeepers are also subsidiarily liable for the restitution of goods
ART. 236. Emancipation shall terminate parental authority over taken by robbery or theft within their houses from guests lodging
the person and property of the child who shall then be qualified therein, or for the paymen of the value thereof, provided that
and responsible for all acts of civil life, save the exceptions such guests shall have notified in advance the innkeeper himself,
4. Prosecution and Conviction – condition sine qua non ART. 1824. All partners are liable solidarily with the partnership
for everything chargeable to the partnership under Art. 1822 and
5. The employer becomes ipso facto subsidiarily liable 1823.
upon the conviction of the employee upon proof of the
latter’s insolvency. III. SPOUSES
6. The liability of the employer cannot be separated from
that of the employee. 1. ABSOLUTE COMMUNITY OF PROPERTY
7. The trial court need not expressly pronouce the Spouses jointly own all properties of the
subsidiarily liablity of the employer in the dispositive marriage.
portion of the decision convicting the employee. ACP consists of all the properties owned by
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Tort indemnity may be enforced against the SECTION 38. Liability of Superior Officers. -
partnership assets provided that liabilites 1. A public officer shall not be civilly liable for acts
mentioned in Art. 121 are satisfied. done in the performance of his official duties,
unless there is a clear showing of bad faith, malice
3. REGIME OF SEPARATION OF PROPERTY or gross negligence.
Each spouse is responsible for his or her 2. Any public officer who, without just cause, neglects
separate obligation including the obligation to perform a duty within a period fixed by law or
arising from quasi-delict for the act or regulation, or within a reasonable period if none is
omission commited by one of the spouses. fixed, shall be liable for damages to the private
(Art. 145, FC) party concerned without prejudice to such other
liability as may be prescribed by law.
IV. STATE AND GOVERNMENT INSTRUMENTALITIES 3. A head of a department or a superior officer shall
AND OFFICERS not be civilly liable for the wrongful acts, omissions
1. STATE LIABILITY of duty, negligence, or misfeasance of his
The State cannot be sued without its consent. subordinates, unless he has actually authorized by
Consent of the State to be sued can be manifested written order the specific act or misconduct
through a special law or general law allowing the complained of.
State to be sued.
SECTION 39. Liability of Subordinate Officers. -No
a. Special Agents subordinate officer or employee shall be civilly liable for
Art. 2180 acts done by him in good faith in the performance of his
SPECIAL AGENT – one who duties. However, he shall be liable for willful or
received definite and fixed order negligent acts done by him which are contrary to law,
or commission, foreign to the morals, public policy and good customs even if he acted
exercise of the duties of his office under orders or instructions of his superiors.
if he is a special official
State liable if the SA executes the 4. JUDGES AND OFFICES PERFORMING QUASI-
trust confided to him. JUDICIAL FUNCTIONS
2. MUNICIPAL CORPORATIONS
3. PUBLIC OFFICERS
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CHAPTER 13 ART. 1711. Owners of enterprises and other employers are
obliged to pay compensation for the death of or injuries to their
STRICT LIABILITY laborers, workmen, mechanics, or other employees, even though
the event may have been purely accidental or entirely due to a
STRICT LIABILITY fortuitous cause, if the death or personal injury arose out of and
- Exists when one is made liable independent of fault, in the course of employment. The employer is liable for
negligence, or intent after establishing certain facts compensation if the employee contracts any illness or disease
specified by law caused by such employment or as a result of the nature of the
- Can be committed even if reasonable care was exercised employment. If the mishap was due to the employee’s own
and regardless of the state of mind of the actor at that time notorious negligence, or voluntary act, or drunkenness, the
- Liability without fault employer shall not be liable for compensation. When the
- One where neither care nor negligence, neither good nor employee’s lack of due care contributed to his death or injury,
bad faith, neither knowledge nor ignorance will save the the compensation shall be equitably reduced.
defendant
ART. 1712. If the death or injury is due to the negligence of a
1. HISTORY OF THE RULES fellow worker, the latter and the employer shall be solidarily
liable for compensation. If a fellow worker’s intentional
ART. 22, 2183, 2193 of the NCC – Roman law in malicious act is the only cause of the death or injury, the
origin employer shall not be answerable, unless it should be shown that
the latter did not exercise due diligence in the selection or
2. ANIMALS supervision of the plaintiff’s fellow worker.
ART. 2183. The possessor of an animal or whoever may make use 5. NUISANCE
of the same is responsible for the damage which it may cause,
although it may escape or be lost. This responsibility shall cease Definition
only in case the damage should come from force majeure or from
the fault of the person who has suffered damage. a. New Civil Code
RULE: Possessor or whoever makes use of the animal is ART. 694. A nuisance is any act, omission, establishment,
LIABLE independent of fault. business, condition of property, or anything else which:
EXCEPTION: When the damage was caused by force (1) Injures or endangers the health or safety of others; or
majeure or by the person who suffered the damage. (2) Annoys or offends the senses; or
(3) Shocks, defies, or disregards decency or morality; or
The owner/possessor of the animal is still liable even if (4) Obstructs or interferes with the free passage of any
damage was caused by the animal through the fault of third public highway or street, or any body of water; or
persons. (5) Hinders or impairs the use of property.
If the acts of a third person cannot be foreseen or
prevented, then the situation is similar to that of force ART. 682. Every building or piece of land is subject to the
majeure and the possessor is not liable. easement which prohibits the proprietor or possessor from
committing nuisance through noise, jarring, offensive odor,
There is published the fault or negligence of one who being smoke, heat, dust, water, glare, and other causes.
able and duty bound to prevent the consequences of the use
of animals, does not prevent it, for not adopting convenient Protection against nuisance is a legal easement, created by
SEC. 9. Violation, Penalties and Abatement of Fire Hazard. - SUMMARY ABATEMENT as used herein shall mean all
Fire hazards shall be abated immediately. The Chief, BFP or corrective measures undertaken to abate hazards which
his/her duly authorized representative, upon the report that shall include, but not limited to remodeling, repairing,
a violation of this Code or other pertinent laws, rules and strengthening, reconstructing, removal and demolition,
regulations is being committed, shall issue notice/order to either partial or total, of the building or structure. The
comply to the owner, administrator, occupant or other expenses incurred by the government for such summary
person responsible for the condition of the building or abatement shall be borne by the owner, administrator or
structure, indicating among other things, the period within occupant. These expenses shall constitute a prior lien upon
which compliance shall be effected, which shall be within ten such property.
CASE:
6. UNJUST ENRICHMENT
i. Not Quasi-Contract
Conditions under Art. 22:
(1) A person is benefited without a valid
basis or justification.
(2) Such benefit is derived at another’s
expense or damage.
There is no undue payment or payment by
mistake.
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technique which is a misrepresentation of facts other than these A warranty as to the quality of the product may be EXPRESS or
enumerated in Article 50. IMPLIED.
In the law on sales under the NCC, certain implied
ARTICLE 52. Unfair or Unconscionable Sales Act or Practice. – warranties are natural elements of the contract.
An unfair or unconscionable sales act or practice by a seller or Warranty against hidden defects
supplier in connection with a consumer transaction violates this Warranty of fitness and merchantability
Chapter whether it occurs before, during or after the consumer
transaction. An act or practice shall be deemed unfair or a. The Provisions
unconscionable whenever the producer, manufacturer,
distributor, supplier or seller, by taking advantage of the Warranty Against Hidden Defects of or Encumbrances Upon the
consumer's physical or mental infirmity, ignorance, illiteracy, Thing Sold
lack of time or the general conditions of the environment or
surroundings, induces the consumer to enter into a sales or lease ARTICLE 1561. The vendor shall be responsible for warranty
transaction grossly inimical to the interests of the consumer or against the hidden defects which the thing sold may have, should they
grossly one-sided in favor of the producer, manufacturer, render it unfit for the use for which it is intended, or should they
distributor, supplier or seller. diminish its fitness for such use to such an extent that, had the vendee
been aware thereof, he would not have acquired it or would have
In determining whether an act or practice is unfair and given a lower price for it; but said vendor shall not be answerable for
unconscionable, the following circumstances shall be considered: patent defects or those which may be visible, or for those which are
a. that the producer, manufacturer, distributor, supplier not visible if the vendee is an expert who, by reason of his trade or
or seller took advantage of the inability of the consumer profession, should have known them.
to reasonably protect his interest because of his inability
to understand the language of an agreement, or similar ARTICLE 1562. In a sale of goods, there is an implied warranty or
factors; condition as to the quality or fitness of the goods, as follows:
b. that when the consumer transaction was entered into, (1) Where the buyer, expressly or by implication, makes
the price grossly exceeded the price at which similar known to the seller the particular purpose for which the
products or services were readily obtainable in similar goods are acquired, and it appears that the buyer relies on
transaction by like consumers; the seller's skill or judgment (whether he be the grower or
c. that when the consumer transaction was entered into, manufacturer or not), there is an implied warranty that the
the consumer was unable to receive a substantial benefit goods shall be reasonably fit for such purpose;
from the subject of the transaction; (2) Where the goods are brought by description from a seller
d. that when the consumer was entered into, the seller or who deals in goods of that description (whether he be the
supplier was aware that there was no reasonable grower or manufacturer or not), there is an implied
probability or payment of the obligation in full by the warranty that the goods shall be of merchantable quality.
consumer; and
e. that the transaction that the seller or supplier induced ARTICLE 1563. In the case of contract of sale of a specified article
the consumer to enter into was excessively one-sided in under its patent or other trade name, there is no warranty as to its
favor of the seller or supplier. fitness for any particular purpose, unless there is a stipulation to the
contrary.
ARTICLE 60. Penalties. –
a. Any person who shall violate the provisions of Title III, ARTICLE 1564. An implied warranty or condition as to the quality
Chapter I, shall upon conviction, be subject to a fine of not or fitness for a particular purpose may be annexed by the usage of
less than P500.00 but not more than P10,000.00 or trade.
1. Warranty under the New Civil Code This provision shall not apply if the contrary has been stipulated, and
the vendor was not aware of the hidden faults or defects in the thing
ARTICLE 1546. Any affirmation of fact or any promise by the sold.
seller relating to the thing is an express warranty if the natural
tendency of such affirmation or promise is to induce the buyer to ARTICLE 1567. In the cases of articles 1561, 1562, 1564, 1565 and
purchase the same, and if the buyer purchases the thing relying 1566, the vendee may elect between withdrawing from the contract
thereon. No affirmation of the value of the thing, nor any and demanding a proportionate reduction of the price, with damages
statement purporting to be a statement of the seller's opinion in either case.
only, shall be construed as a warranty, unless the seller made
such affirmation or statement as an expert and it was relied upon ARTICLE 1568. If the thing sold should be lost in consequence of
by the buyer. the hidden faults, and the vendor was aware of them, he shall bear the
loss, and shall be obliged to return the price and refund the expenses
of the contract, with damages. If he was not aware of them, he shall
68
only return the price and interest thereon, and reimburse the expenses to the manufacturer, producer, or importer of the
of the contract which the vendee might have paid. product sold within thirty (30) days from date of
purchase, unless otherwise agreed upon. The
ARTICLE 1569. If the thing sold had any hidden fault at the time of report shall contain, among others, the date of
the sale, and should thereafter be lost by a fortuitous event or through purchase, model of the product bought, its serial
the fault of the vendee, the latter may demand of the vendor the price number, name and address of the buyer. The
which he paid, less the value which the thing had when it was lost. report made in accordance with this provision shall
be equivalent to a warranty registration with the
If the vendor acted in bad faith, he shall pay damages to the vendee. manufacturer, producer, or importer. Such
registration is sufficient to hold the manufacturer,
ARTICLE 1570. The preceding articles of this Subsection shall be producer, or importer liable, in appropriate cases,
applicable to judicial sales, except that the judgment debtor shall not under its warranty.
be liable for damages. (2) Failure to make or send report. – Failure of the
distributor to make the report or send them the
ARTICLE 1571. Actions arising from the provisions of the form required by the manufacturer, producer, or
preceding ten articles shall be barred after six months, from the importer shall relieve the latter of its liability under
delivery of the thing sold. the warranty: Provided, however, That the
distributor who failed to comply with its obligation
b. Remedies to send the sales reports shall be personally liable
(1) Accion Redhibitoria under the warranty. For this purpose, the
Vendee withdraws from the contract + manufacturer shall be obligated to make good the
damages warranty at the expense of the distributor.
(2) Accion Quanti Minoris (3) Retail. – The retailer shall be subsidiarily liable
Vendee demands a proportionate under the warranty in case of failure of both the
reduction of the price + damages manufacturer and distributor to honor the
warranty. In such case, the retailer shall shoulder
c. Privity of Contract the expenses and costs necessary to honor the
warranty. Nothing therein shall prevent the
Privity between the plaintiff and the defendant is NOT retailer from proceeding against the distributor or
necessary before liability can be imposed for breach of manufacturer.
warranty given to the public. (4) Enforcement of warranty or guarantee. – The
warranty rights can be enforced by presentment of
2. Warranty under the Consumer Act a claim. To this end, the purchaser needs only to
present to the immediate seller either the warranty
ARTICLE 67. Applicable Law on Warranties. – The provisions of card of the official receipt along with the product
the Civil Code on conditions and warranties shall govern all to be serviced or returned to the immediate seller.
contracts of sale with conditions and warranties. No other documentary requirement shall be
demanded from the purchaser. If the immediate
ARTICLE 68. Additional Provisions on Warranties. – In addition seller is the manufacturer's factory or showroom,
to the Civil Code provisions on sale with warranties, the the warranty shall immediately be honored. If the
following provisions shall govern the sale of consumer products product was purchased from a distributor, the
with warranty: distributor shall likewise immediately honor the
warranty. In the case of a retailer other than the
ARTICLE 107. Penalties. – Any person who shall violate any i. Manufacture that does not Manufacture
provision of this Chapter or its implementing rules and regulations EXAMPLES:
with respect to any consumer product which is not food, cosmetic, or (1) Importer
hazardous substance shall upon conviction, be subject to a fine of not (2) Subcontractor
less than P5,000.00) and by imprisonment of not more than 1 year or
both upon the discretion of the court. ii. Tradesman or Seller Generally NOT Liable
In case of juridical persons, the penalty shall be imposed upon its ARTICLE 98. Liability of Tradesman or Seller. – The
president, manager or head. If the offender is an alien, he shall, after tradesman/seller is likewise liable, pursuant to the preceding article
payment of fine and service of sentence, be deported without further when;
deportation proceedings.
a) it is not possible to identify the manufacturer, builder, producer
a. Rationale for Manufacturers’ Strict Liability or importer.
b) the product is supplied, without clear identification of the
A. The consumer finds it too difficult to prove negligence against manufacturer, producer, builder or importer;
the manufacturer. c) he does not adequately preserve perishable goods.
74
The above requirements shall form an integral part (1) The product malfunctioned;
of the label without danger of being erased or (2) The malfunction occurred during proper use; and
detached under ordinary handling of the product. (3) The product had not been altered or misused in a
manner that probably caused the malfunction.
ARTICLE 80. Special Packaging of Consumer
Products for the Protection of Children. – The vi. Defenses
concerned department may establish standards for the SEE ART. 97 and 99.
special packaging of any consumer product if it finds Comparative Negligence Rule NOT applicable.
that:
a) the degree or nature of the hazard to children in
the availability of such product, by reason of its
packaging, is such that special packaging is
required to protect children from serious personal
injury or serious illness resulting from handling
and use of such product; and
b) the special packaging to be required by such
standard is technically feasible, practicable and
appropriate for such product. In establishing a
standard under this Article, the concerned
department shall consider:
1) the reasonableness of such standard;
2) available scientific, medical and
engineering data concerning special
packaging and concerning accidental,
ingestions, illnesses and injuries caused
by consumer product;
3) the manufacturing practices of
industries affected by this Article; and
4) the nature and use of consumer
products.
EXAMPLES:
RA 6675 (Generic Act of 1988) – label of
all drugs and medicines shall have the dates
of manufacture and expiration
RA 5921 – pharmacists are required to affix
to every bottle, box, or other package
containing any dangerous or poisonous drug,
another label of red paper upon which shall
be printed in large letters the word
―POISON‖ and a vignette representing a
skull and bones before delivering it to the
purchaser.
v. Proof of Defect
CIRCUMSTANTIAL EVIDENCE AND INFERENCE
OPINION OF EXPERTS
Strictly speaking res ipsa loquitur has no application to a
strict liability case because determination of negligence is
not material.
However, the inferences that are at the core of doctrine are
applicable with equal force to strict liability cases.
The fact that the product went wrong may, in proper cases,
give rise to a permissible inference that it was defective and
that the defect existed when it left the hands of the
defendant.
2.05. EXTENT OF LIABILITY ART. 186 (RPC). Monopolies and combinations in restraint of
trade. – The penalty of PRISION CORRECCIONAL in its
77
minimum period or a fine ranging from P200 to P6000, or both, vendor engaged in selling such goods with a like
shall be imposed upon: purpose;
1. Any person who shall enter into any contract or b. Any person who by any artifice, or device, or who
agreement or shall take part in any conspiracy or employs any other means calculated to induce the false
combination in the form of a trust or otherwise, in belief that such person is offering the services of
restraint of trade or commerce or to prevent by another who has identified such services in the mind of
artificial means free competition in the market. the public; or
2. Any person who shall monopolize any merchandise or c. Any person who shall make any false statement in the
object of trade or commerce, or shall combine with any course of trade or who shall commit any other act
other person or persons to monopolize said contrary to good faith of a nature calculated to discredit
merchandise or object in order to alter the price thereof the goods, business or services of another.
by spreading false rumors or making use of any other 168.4. The remedies provided by Sections 156, 157 and 161 shall
artifice to restrain free competition in the market. apply mutatis mutandis.
3. Any person who, being a manufacturer, producer, or
processor of any merchandise or object of commerce, or Passing off – Sec. 168.2, 168.3(a) and (b)
an importer of any merchandise or object of commerce Disparagement of Products – Sec. 168.3©
from any foreign country, either as principal or agent,
wholesale or retailer, shall combine, conspire, or agree II. INTERFERENCE
in any manner with any person likewise engaged in the
manufacture, production, processing, assembling, or Includes cases involving tort of interference with contractual
importation of such merchandise or object of commerce relations and interference with prospective advantage.
or with any other persons not so similarly engaged for o A business man who maliciously interferes with the
the purpose of making transactions prejudicial to lawful contract of his competitor with the latter’s clients in
commerce, or of increasing the market price in any part order to get them as his own may be guilty of
of the Philippines, or any such merchandise or object of interference with contractual relations.
commerce manufactured, produced, processed, o If, on the other hand, the businessman, through force,
assembled in, or imported into the Philippines, or of any intimidation, or any other means, prevents the
article in the manufacture of which such manufactured, customers from entering into a contract with the
produced, processed, or imported merchandise or competitor, the same may amount to interference with
object of commerce is used. prospective advantage.
The law is aimed at contracts and combinations that, by reason II. MISSTATEMENTS
of the inherent nature of the contemplated acts, prejudice the
public interest by unduly restraining competition or unduly SEC. 8 (RA 8799). No securities, except those classified as exempt
obstructing the course of trade. or unless sold in any exempt transaction, can be sold or offered
for sale or distribution to the public within the Philippines unless
MONOPOLY such securities shall have been registered with the SEC.
- Any combination the tendency of which is to prevent
competition in the broad and general sense, or to control SEC. 12 (RA 8799). The sworn registration statement must be in
such form and containing such information and documents as the
prices to the detriment of the public.
Commission shall prescribe.
- The concentration of business in the hands of a few.
- Material consideration: power exists to raise prices or The information required for the registration of any kind, and all
exclude competition when desired. securities, shall include, among others, the effect of the securities
- Include a condition produced by the mere act of issue on ownership, on the mix of ownership, especially foreign
individuals. and local ownership.
- Dominant thought: the notion of exclusiveness or unity, or
The registration statement shall include a prospectus required or
the suppression of competition by the unification of interest permitted to be delivered …
or management, or it may be thru agreement and concert of
action. SEC. 56 and 57 provide for civil liabilities for damages on account
- Unified tactics with regard to prices of false statements in the registration statement and the materials and
documents attached thereto.
May give rise to action for damages under Art. 19, 20,
21, and 28 of the Civil Code. a. False Registration Statement
RA 8799 – Securities Regulation Code SEC. 56.1 gives a right ―to any person acquiring a security,
o SEC. 73 imposes criminal liability on: the registration statement of which or any part thereof
any person who violates any of the contains on its effectivity an untrue statement of a material
provisions thereof or the rules and fact or omits to state a material fact required to be stated
regulations promulgated by the SEC; or therein or necessary to make such statements not
any person who, in the registration misleading, and who suffers damage, to sue for damages.
statement, makes untrue statement of or He is not entitled to damages if ―at the time of such
omits to state any material fact required to acquisition he knew of such untrue statement or omission‖.
be stated therein or necessary to make the
statements therein not misleading. Liability arises only if the false statement or material
omission is contained in the registration statement on
I. FRAUD its effectivity.
No matter whether the plaintiff purchased a day or a
year after the effective date of the particular part of the
SEC. 26 (RA 8799). Fraudulent transactions. – (a) It shall be
registration statement complained of, materiality is
unlawful for any person, directly or indirectly, in connection with
reckoned as of that one date.
the purchase or sale of any securities –
26.1. Employ any device, scheme, or artifice to defraud;
26.2. Obtain money or property by means of any untrue SEC. 56.2 provides that ―if the person who acquired the
security did so after the issuer has made generally available
statement of a material fact or any omission to state a
to its security holders an income statement covering a
material fact necessary in order to make the statements
period of at least 12 months beginning from the effectivity
date of the registration statement, then the right of recovery
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under this subsection shall be conditioned on proof that If two or more persons are made liable as defendants,
such person acquired the security relying upon the they shall be jointly and severally liable for the
registration statement and not knowing of such income payment of damages.
statement, but such reliance may be established without However, any person who becomes liable for the
proof of the reading of the registration statement by such payment of such damages may recover contribution
person‖. from any other person who, if sued separately, would
have been liable to make the same payment, unless the
(2) The Defendants former was guilty of fraudulent representation and the
latter was not.
SEC. 56 specifies the possible defendants in action for Nevertheless, all persons held liable shall contribute
damages under the provision: equally to the total liability adjudged.
(a) The issuer and every person who signed the In no case shall the principal occupying similar
registration statement positions, directors, or other officers of the issuer or
(b) Every person who was a director of, or any other persons occupying similar positions therein, recover
person performing similar functions, or a partner the contribution to the liability from the issuer.
in, the issuer at the time of the filing of the However, the right of the issuer to recover from the
registration statement or any part, supplement, or guilty parties the amount it has contributed shall not
amendment thereof with respect to which his be prejudiced.
liability is asserted;
(c) Every person who is named in the registration b. Prospectus and the Like
statement as being or about to become a director
of, or a person performing similar functions, or a SECTION 57. Civil Liabilities Arising in Connection With
partner in, the issuer and whose written consent Prospectus, Communications and Reports. -
thereto is filed with the registration statement; 57.1. Any person who:
(d) Every auditor or auditing firm named therein as (a) Offers to sell or sells a security in violation of Chapter
having certified any financial statements used in III, or
connection with the registration statement or (b) Offers to sell or sells a security, whether or not
prospectus; exempted by the provisions of this Code, by the use of
(e) Every person who, with his written consent, any means or instruments of transportation or
which shall be filed with the registration communication, by means of a prospectus or other
statement, has been named as having prepared or written or oral communication, which includes an
certified any part of the registration statement, or untrue statement of a material fact or omits to state a
as having prepared or certified a report or material fact necessary in order to make the statements,
valuation which is used in connection with the in the light of the circumstances under which they were
registration statement, with respect to the made, not misleading (the purchaser not knowing of
statement, report, or valuation, which purports to such untruth or omission), and who shall fail in the
have been prepared or certified by him; burden of proof that he did not know, and in the
(f) Every selling shareholder who contributed to and exercise of reasonable care could not have known, of
certified as to the accuracy of a portion of the such untruth or omission, shall be liable to the person
registration statement, with respect to the portion purchasing such security from him, who may sue to
of the registration statement which purports to recover the consideration paid for such security with
have been contributed by him; and interest thereon, less the amount of any income received
(g) Every underwriter with respect to such security. thereon, upon the tender of such security, or for
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CHAPTER 16 The consequences must be borne by the injured person alone,
the law affords no remedy for damages resulting from an act
DAMAGES which does not amount to a legal injury or wrong.
Whenever a right is transgressed, every manner of loss or injury In order that a plaintiff may maintain an action for the injuries of
is compensated for in some way or another. which he complains, he must establish that such injuries resulted
from a breach of duty which the defendant owed to the plaintiff
ART. 2196. The rules under this Title are without prejudice to – a concurrence of injury to the plaintiff and the legal
special provisions on damages formulated elsewhere in this Code. responsibility by the person causing it.
Compensation for workmen and other employees in case of
death, injury, or illness is regulated by special laws. Rules BASIS for award of tort damages: the premise that an individual
governing damages laid down in other laws shall be observed was injured in contemplation of law.
insofar as they are not in conflict with this Code.
There must first be a breach before damages may be awarded
ART. 2198. The principles of general law on damages are hereby and the breach of such duty should be the proximate cause of the
adopted insofar as they are not inconsistent with this Code. injury.
a. Complaint for Damages is a Personal Action. ART. 2197. Damages may be:
May be commenced and tried where the defendant or (1) Actual or compensatory;
any of the defendants reside(s) or may be found, or (2) Moral;
where the plaintiff or any of the plaintiff reside(s) at (3) Nominal;
the election of the plaintiff. (4) Temperate or moderate;
In some cases, there is no liability even if there is damage Proof of pecuniary loss is necessary to successfully recover
because there is no injury. actual damages from the defendant.
The conjunction of damages and wrong is absent. ART. 2216. No proof of pecuniary loss is necessary in order
There can be no actionable wrong if either one or the other is that moral, nominal, temperate, liquidated, or exemplary
wanting. damages may be adjudicated. The assessment of such
Thus, if the damage resulted because a person exercised his damages, except liquidated ones, is left to the discretion of
legal rights (e.g. the filing of a complaint in good faith), it is the court, according to the circumstances of each case.
damnum absque injuria.
Mere damage without injury does not result in liability. 4. ACTUAL OR COMPENSATORY DAMAGES
INJURY – the legal invasion of a legal right. ART. 2199. Except as provided by law or by stipulation, one is
DAMAGE – the loss, hurt, or harm which results from the entitled to an adequate compensation only for such pecuniary
injury. loss suffered by him as he has duly proved. Such compensation is
DAMAGES – the recompense or compensation awarded for the referred to as actual or compensatory damages.
damage suffered.
Proceeds from a sense of natural justice
There can be damage without injury in those instances in which Designed:
the loss or harm was not the result of a violation of a legal duty. to repair the wrong that has been done
to recompense for the injury inflicted
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NOT to oppose a penalty those who in any manner contravene the tenor thereof, are
ACTUAL DAMAGES – include all damages that the plaintiff liable for damages.
may show he has suffered in respect to his property, business, ART. 2201. In contracts and quasi-contracts, the
trade, profession, or occupation, and no other damages damages for which the obligor who acted in good faith
whatever. is liable shall be those that are the natural and probable
COMPENSATORY DAMAGES – simply make good or replace consequences of the breach of the obligation, and which
the loss caused by the wrong; awarded to compensate the injured the parties have foreseen or could have reasonably
party for injury caused by the wrong, and must be only such as foreseen at the time the obligation was constituted.
make just and fair compensation, and are due when the wrong is
established, whether it was committed maliciously – i.e. with In case of fraud, bad faith, malice or wanton attitude,
evil intention – or not. the obligor shall be responsible for all damages which
may be reasonably attributed to the non-performance
4.01.KINDS OF ACTUAL DAMAGES of the obligation.
Indemnification for damages shall comprehend not only the (1) Nature of Breach of Contract
value of the loss suffered but also that of the profits that the In culpa contractual, the mere proof of the existences of the
oblige failed to obtain. contract and the failure of its compliance justify, prima
Classification: facie, a corresponding right of relief.
1. Daño emergente – the loss of what a person already The law, recognizing the obligatory force of contracts, will
possesses; not permit a party to be set free from liability for any kind
2. Lucro cesante – the failure to receive as a benefit that of misperformance of the contractual undertaking or a
would have pertained to him contravention of the tenor thereof.
ART. 2205. Damages may be recovered: A breach upon the contract confers upon the injured party a
For loss or impairment of earning valid cause for recovering that which may have been lost or
capacity in cases of temporary or suffered.
permanent personal injury; The remedy serves to preserve the interests of the
For injury to the plaintiff’s business promissee that may include his:
standing or commercial credit. o EXPECTATION INTEREST (his interest in
having the benefit of his bargain by being put in
4.02.EXTENT AND MEASURE OF DAMAGES as good a position as he would have been in had
the contract been performed); or
ART. 2202. In crimes and quasi-delicts, the defendants shall be o RELIANCE INTEREST (his interest in being
liable for all damages which are the natural and probable reimbursed for loss caused by reliance on the
consequences of the act or omission complained of. It is not contract by being put in as good a position as he
necessary that such damages have been foreseen or could have would have been in had the contract not been
reasonably been foreseen by the defendant. made); or
o RESTITUTION INTEREST (his interest in
a. Restitutio in Integrum having restored to him any benefit that he has
GENERAL RULE: The amount to be awarded to the conferred on the other party.
plaintiff should be that sum of money which will put The effect of every infraction is to create a new duty, that
the party who has been injured or who has suffered in is, to make recompense to the one who has been injured by
the same position as he would have been in if he had the failure of another to observe his contractual obligation
not sustained the wrong for which he is now getting UNLESS he can show extenuating circumstances like proof
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o Payroll of employees + ITRs – The OBJECT of discounting lost future wages to
best evidence of the salary of the present value is to give the plaintiff an amount of
deceased money which, invested safely, will grow to a sum
EXCEPTIONS: equal to wages.
o Award of temperate damages for 2 ways of reduction to present worth:
loss of earning capacity in lieu of 1) By reducing the multiplier that corresponds
documentary evidence to the life expectancy
o Cases where the victim was 2) By maintaining the amount of income at the
earning less than minimum wage last income of the deceased/permanently
o Non-working victims disabled.
o When the testimonial evidence
sufficiently establishes the loss 4.08.LOSS OF PROFITS
when the testimonies of Commissions lost by reason of the acts/omissions of the
the corporate officers of defendants
the employer of the Income stipulated in the contract terminated in a wanton
deceased and fraudulent manner
when the testimony of The amount of loss profits may be determined by
the widow of the victim considering the average profit for the preceding years
was held acceptable multiplied by the number of years during which the
because a reasonable business is affected by the wrongful act/breach.
estimate of the income Plaintiff must present reports and documents that may show
can be made on the basis the average actual profits earned by the business as well as
of such testimonies other evidence of profitability which are necessary to prove
plaintiff’s claim for said amount.
(2) No Documentary Evidence of Earnings
Victim was self-employed earning less than 4.09.ATTORNEY’S FEES
the minimum wage under current labor laws
and judicial notice was taken of the fact that a. Award is Due to Party, not to Lawyer
in the victim’s line of work, no documentary Thus, the award agreed upon by the plaintiff and his
evidence is available; counsel does not control the amount of atty.’s fees that
Victim was employed as a daily wage should be awarded.
worker earning less than the minimum wage Plaintiff’s counsel does not have a right to enforce the
under the current labor laws award of atty.’s fees.
Non-working victims
Sometimes, to victims earning more than b. Cases where Attorney’s fees Can be Awarded
minimum wage
WHAT IS IMPORTANT IS PROOF OF ART. 2208. In the absence of stipulation, attorney’s fees and
CAPACITY TO EARN, not merely proof of expenses of litigation, other than judicial costs, cannot be
actual loss of a specified amount of income. recovered, except:
(1) When the exemplary damages are awarded;
d. Living Expenses (2) When the defendant’s act or omission has compelled the
Fixed at 50% of the gross income plaintiff to litigate with third persons or to incur
expenses to protect his interest;
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The amount to be awarded is left to the discretion of have been stipulated in writing. Furthermore, the
the courts. interest due shall itself earn legal interest from the
Plaintiff must allege the basis of his claim in the time it is judicially demanded. In the absence of
complaint. stipulation, the rate of interest shall be 12% per
The court must state in its decision the legal and annum to be computed from default, i.e., from judicial
factual basis for the award. or extrajudicial demand under and subject to the
May be awarded if there is bad faith or gross provisions of Article 1169 of the Civil Code.
negligence discountenanced under Art. 19, NCC. 2. When an obligation, not constituting a loan or
AWARD IS AN EXCEPTION RATHER THAN THE forbearance of money, is breached, an interest on the
RULE. amount of damages awarded may be imposed at
It demands factual, legal, and equitable justification. the discretion of the court at the rate of 6% per
Reason: no premium should be placed on the right to annum. No interest, however, shall be adjudged on
litigate. unliquidated claims or damages except when or until
the demand can be established with reasonable
d. Award When Compelled to Litigate certainty. Accordingly, where the demand is
The fact that the plaintiff was compelled to litigate established with reasonable certainty, the interest shall
does NOT by itself justify an award of attorney’s fees. begin to run from the time the claim is made judicially
Proof of bad faith on the part of the defendant is or extrajudicially (Art. 1169, Civil Code) but when
required. such certainty cannot be so reasonably established at
the time the demand is made, the interest shall begin
4.10.INTEREST to run only from the date the judgment of the court is
made (at which time the quantification of damages
ART. 2209. If the obligation consists in the payment of a sum of may be deemed to have been reasonably ascertained).
money, and the debtor incurs in delay, the indemnity for The actual base for the computation of legal interest
damages, there being no stipulation to the contrary, shall be the shall, in any case, be on the amount finally adjudged.
payment of the interest agreed upon, and in the absence of 3. When the judgment of the court awarding a sum of
stipulation the legal interest, which is 6% per annum. money becomes final and executory, the rate of legal
interest, whether the case falls under paragraph 1 or
ART. 2210. Interest may, in the discretion of the court, be paragraph 2, above, shall be 12% per annum from
allowed upon damages awarded for breach of contract. such finality until its satisfaction, this interim period
being deemed to be by then an equivalent to a
ART. 2211. In crimes and quasi-delicts, interest as a part of the forbearance of credit.
damages may, in a proper case, be adjudicated in the discretion
of the court. KENG HUA PAPER PRODUCTS CO., INC. vs. CA: the
monetary award shall earn interest at 12% from the date of the
ART. 2212. Interest due shall earn legal interest from the time it finality of the judgment until its satisfaction, regardless of WON
is judicially demanded, although the obligation may be silent the case involves a loan or forbearance of money. The interim
upon this point. period is deemed to be equivalent to a FORBEARANCE OF
CREDIT.
ART. 2213. Interest cannot be recovered upon unliquidated
claims or damages, except when the demand can be established 5. MITIGATION OF LIABILITY
with reasonable certainty.
ART. 2203. The party suffering loss or injury must exercise the
Eastern Shipping Lines vs. CA: ART. 2215. In contracts, quasi-contracts, and quasi-delicts, the
I. When an obligation, regardless of its source, i.e., law, court may equitably mitigate the damages under circumstances
contracts, quasi-contracts, delicts or quasi-delicts is other than the case referred to in the preceding article, as in the
breached, the contravenor can be held liable for following instances:
damages. The provisions under Title XVIII on "Damages" (1) That the plaintiff himself had contravened the terms of
of the Civil Code govern in determining the measure of the contract;
recoverable damages. (2) That the plaintiff has derived some benefit as a result of
II. With regard particularly to an award of interest in the the contract;
concept of actual and compensatory damages, the rate of (3) In cases where exemplary damages are to be awarded,
interest, as well as the accrual thereof, is imposed, as that the defendant acted upon the advice of counsel;
follows: (4) That the loss would have resulted in any event;
1. When the obligation is breached, and it consists in the (5) That since the filing of the action, the defendant has
payment of a sum of money, i.e., a loan or forbearance done his best to lessen the plaintiff’s loss or injury.
of money, the interest due should be that which may
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5.01.DOCTRINE OF AVOIDABLE CONSEQUENCES o The right to moral damages is NOT
A party cannot recover damages flowing from consequences TRANSMISSIBLE to the injured party’s substitutes
which the party could reasonably have avoided. because it is extremely PERSONAL to the injured
A persons who reasonably attempts to minimize his damages party.
can recover expenses that he incurred. o Whether the action survives or not depends on the
In the doctrine of contributory negligence, the plaintiff’s nature of the action and the damage sued for.
act/omission occurs before or at the time of the act/omission of In the cause of action which SURVIVE, the
the defendant. wrong complained of affects primarily and
In the doctrine of avoidable consequences, the acts of the principally property and property rights, the
plaintiff occur after the act/omission of the defendant. injuries to the person being merely
The obligation must be imposed MINIMALLY to avoid unjust incidental.
enrichment, nothing more than what has been lost materially and In the causes of action which do NOT
morally. SURVIVE, the injury complained of is to
TEST: reasonable diligence and ordinary care the person, the property and rights of
Burden of proof: on the DEFENDANT property affected being merely incidental.
No right of subrogation exists in life insurance. CSR applies. ART. 2219. Moral damages may be recovered in the following
CSR does not apply to employees’ compensation under the and analogous cases:
Labor Code. (1) A criminal offense resulting in physical injuries;
Exception: lack of knowledge of the existence of the alternative (2) Quasi-delicts causing physical injuries;
remedy nullifies the election of a remedy. CSR does not apply. (3) Seduction, abduction, rape, or other lascivious acts;
(4) Adultery or concubinage;
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(2) There must be a culpable act or omission factually o ART. 309 of NCC: Any person who shows disrespect
established. to the dead, or wrongfully interferes with a funeral
(3) The wrongful act or omission of the defendant is the shall be liable to the family of the deceased for
proximate cause of the injury sustained by the damages, material and moral.
claimant. o In the cases when the victim’s relatives are allowed to
(4) The award of damages is predicated on any of the recover, they have also suffered although they are not
cases in Art. 2219. the victims of the assault.
ART. 1764: moral damages may also be awarded in case the o The intensity of the pain experienced by the relatives
death of a passenger results from a breach of carriage. of the victim is proportionate to the intensity of the
In culpa aquiliana or quasi-delict, moral damages may be affection for him and bears no relation whatsoever
recovered… with the wealth or means of the offender.
(1) When an act or omission causes physical injuries, or o Inclusion unius est exclusion alterius.
(2) Where the defendant is guilty of intentional tort. o Brothers and sisters cannot recover moral damages for
Unfounded Suits: the death of their siblings.
No damages can be charged on those who may
exercise the right to litigate in good faith even if done GENERALLY, corporations and other artificial beings are NOT
erroneously. entitled to recover moral damages.
Award is justified if there is a clear abuse of court EXCEPTION: libel. (Art. 2219(7), NCC)
processes.
Labor Cases: ART. 2220. Willful injury to property may be a legal ground for
Award justified where the dismissal of the employee awarding moral damages if the court should find that, under the
was attended by bad faith or fraud; or circumstances, such damages are justly due. The same rule
constitute an act oppressive to labor; or applies to breaches of contract where the defendant acted
was done in a manner contrary to morals, fraudulently or in bad faith.
good customs or public policy.
Criminal Taking of Life: 7. NOMINAL DAMAGES
Evidence must be adduced by the offended party to
warrant an award of moral damages, EXCEPT in ART. 2221. Nominal damages are adjudicated in order that a
cases of violent death. right of the plaintiff, which has been violated or invaded by the
Rape/Acts of Lasciviousness Cases defendant, may be vindicated or recognized, and not for the
No need to show that private complainant experienced purpose of indemnifying the plaintiff for any loss suffered by
trauma or mental/physical/psychological suffering. him.
AMOUNT – P75,000
Abuse of Process ART. 2222. The court may award nominal damages in every
EXAMPLES: obligation arising from any source enumerated in Art. 1157, or in
Wrongful attachment every case where any property right has been invaded.
Bad faith must be supported by evidence.
ART. 2223. The adjudication of nominal damages shall preclude
further contest upon the right involved and all accessory
6.04.FACTORS IN DETERMINING AMOUNT
questions, as between the parties to the suit, or their respective
heirs and assigns.
ART. 2218. In the adjudication of moral damages, the
sentimental value of property, real or personal, may be
Every injury from its very nature legally imports damage or the