TORTS

ARTICLE 1156 AND 1157

Article 1156 (Obligation)

An obligation is a juridical necessity to give, to do, or not to do.

Article 1157 (Sources/Legal Injury)

Obligations arise from:
1. Law
2. Contracts
3. Quasi-contracts
4. Delicts
5. Quasi-delicts

Elements (Legal Injury)

1. Legal right in favor of a person
2. A correlative legal obligation on the part of the defendant to respect or not to violate such
right
3. A wrong

TORTS (DEFINITION)
-An unlawful violation of a private right, not created by right, and which gives rise to an
action for damages.

Kinds of Torts
1. Negligent Tort (Article 2176)
2. Intentional Tort (Article 26, 32, 33)
3. Strict Liability Tort (Article 2183 and 2187)

Remedies for Torts

 1. Compensatory
2. Preventive
3. Restitution

Intentional Torts

Principle of Abuse of Right

Article 19
Every person must in the exercise of his rights and in the performance of his duties, act
with justice, give everyone his due, and observe honesty and good faith.

Elements of the Principle of Abuse of Right

1. the existence of a legal right or duty;
2. which is exercised in bad faith;
3. with the sole intent of prejudicing or injuring another.

Article 20
Every person who, contrary to law, wilfully or negligently causes damage to another,
shall indemnify the latter for the same.

Article 21 (Acts Contra Bonus Mores)

Any person who wilfully causes loss or injury to another in a manner that is contrary to
morals, good customs or public policy shall compensate the latter for the damage.

Breach of promise to marry is not an actionable wrong per se.

-In the case of Shookat Baksh v CA, it is the deceit and fraud employed by Baksh that constitutes
a violation of the civil code.
-Baksh violated the Filipino's concept of morality and brazenly defied the traditional respect
Filipinos have for their women, violating Article 19 of the Civil Code.
TWO-FOLD DEFINITION OF DAMAGES (damnum absque injuria)

Injury
-harm suffered by a person due to some act or omission done by another person

Damages
-awarded to compensate for a proven loss or injury

CULPA AQUILIANA

Article 2176 (Quasi-delicts)

Whoever by act or omission, causes damage to another, there being fault or negligence, is
obliged to pay for the damage done. Such fault or negligence, if there is no pre-existing
contractual relation, is called quasi-delict and is governed by the provisions of this chapter.

CULPA CONTRACTUAL
Arises from a breach of contract.

CULPA CRIMINAL
Arises from a violation of the revised penal code and special laws.
- negligence arising from a criminal act

CULPA CULPA CULPA

CRIMINAL AQUILIANA CONTRACTUAL

BASIS OF Existence of a law Fault or negligence Arises from breach of

LIABILITY punishing the act. resulting in damage contract = failure to
or injury to another exercise due care in
(2176) its performance

NATURE OF Directive, substantive Directive, substantive Negligence is merely

 NEGLIGENCE and independent. and independent. incidental to the
performance of an
obligation

PROOF NEEDED Proof beyond Preponderance of Preponderance of

reasonable doubt evidence evidence

EXISTENCE OF None None Pre-existing

CONTRACT Obligation

DEFENSE OF A Not a Proper Defense Generally, not a Not a Complete

“DILIGENCE OF A proper defense Defense
GOOD FATHER
OF A FAMILY” However, even if the
employer can prove
the diligence in the
selection, still if he
takes no step to avert
further damage
resulting from the
wrongful acts of its
employee, employer
is still liable.

PRINCIPLE AGAINST DOUBLE RECOVERY

Article 2177
Responsibility for fault or negligence under the preceding article is entirely separate and
distinct from the civil liability arising from negligence under the Penal Code. But the plaintiff
cannot recover damages twice for the same act or omission of the defendant.

NOTE: the same act or omission can create two kinds of liability on the part of the offender, that
is, civil liability ex delicto, and civil liability quasi delicto, either of which may be enforced
against the culprit, subject to Article 2177 of the Civil Code that the offended party cannot
recover damages under both types of liability.
WHEN TO RESERVE RIGHT TO INSTITUTE A SEPARATE SINGLE
ACTION

RULE 111, Section 1

The reservation of the right to institute separately the civil action shall be made before the
prosecution starts presenting its evidence and under circumstances affording the offended party a
reasonable opportunity to make such reservation.

When Reservation of the Right to Institute Civil Action Separately Shall Be Made:
1. Before the prosecution starts to present its evidence; and
2. Under circumstances affording the offended party a reasonable opportunity to make such
reservation.

GR: When a criminal action is instituted, the civil action for the recovery of civil liability arising
from the offense shall be deemed instituted with the criminal action.

XPN: (WRI)
1. When the offended party Waives the civil action;
2. When the offended party Reserves his right to institute a separate civil action;
3. When the offended party Institutes a civil action prior to the criminal action.

RULE 111, Section 2

RULES:
1. After filing the criminal action, the civil action that has been reserved cannot be
instituted until final judgment has been rendered.
2. If the criminal action is filed after the civil action, the latter shall be suspended before
judgment.
XPN:
1. Independent civil actions.
2. Prejudicial Question.
3. Consolidation.
 4. Civil liability arising not arising from the offense.

INDEPENDENT SINGLE ACTIONS

RULE 111, Section 3

In the cases provided for in Articles 32, 33, 34 and 2176 of the Civil Code of the
Philippines, the independent civil action may be brought by the offended party. It shall proceed
independently of the criminal action and shall require only a preponderance of evidence. In no
case, however, may the offended party recover damages twice for the same act or omission
charged in the criminal action.

Characteristics:
1. Proceed independently regardless of the outcome of the criminal action.
2. Quantum of evidence required is preponderance of evidence.
3. Need not to be reserved as it is not deemed instituted in the criminal case.
4. Waiver to file a separate civil action does not bar of filing the independent civil action.
5. Limitation of Double Recovery
6. Even if the independent civil action is filed, the ex delicto civil liability remains.

Article 32
-violation of rights by a public officer or employee.

Article 33
-cases involving defamation, fraud, and physical injuries.

Article 35

QUASI-DELICT (REQUISITES)
1. there must be an act or omission;
2. such act or omission causes damage to another;
 3. such act or commission is caused by fault or negligence; and
4. there is no pre-existing contractual relation between the parties.

CONCEPT OF NEGLIGENCE

Article 1173
The fault or negligence of the obligor consists in the omission of that diligence which is
required by the nature of the obligation and corresponds with the circumstances of the persons,
of the time and of the place.

TEST OF DETERMINING NEGLIGENCE

Would a prudent man, foresee harm to the person injured as a reasonable consequence of
the course actually pursued? (Gaid v People of the Philippines)
-If so, it was the duty of the actor to take precautions to guard against him.

PRESUMPTION OF NEGLIGENCE IN TORTS

CULPA CULPA CULPA

CRIMINAL AQUILIANA CONTRACTUAL

PRESUMPTION Innocent until proven No presumption It immediately

OF NEGLIGENCE guilty attaches upon the
failure to comply

NATURE OF
RIGHT VIOLATED Public Private Private

GOVERNING LAW Article 365 RPC 2176 NCC 1170 NCC

RES IPSA LOQUITUR

 “The thing speaks for itself” - the principle that the occurrence of an accident implies
negligence.

1. the accident is of such character as to warrant an inference that it would not have
happened except for the defendant's negligence;
2. the accident must have been caused by an agency or instrumentality within the exclusive
management or control of the person charged with the negligence complained of;
3. the accident must not have been due to any voluntary action or contribution on the part of
the person injured.

(D-A-V)
1. The accident would not have happened if not for the defendant’s negligence
2. The accident must have been caused by an agency or instrumentality within the exclusive
management or control of the person charged
3. The accident is not due to any voluntary action or contribution by the party injured