TORTS AND DAMAGES IN

TOURISM AND HOSPITALITY

Prepared by:
Wilma G. Nonato, CHP, Ph.D.
 CONCEPT OF TORT
TORT – is taken from the word “torque” meaning “to
twist”.
The Black’s Law Dictionary defined tort as a legal wrong
committed upon the person or property independent of
the contract. Article 2176 of the Civil Code also defined it
as the fault negligence of a person who, by his act or
omission, connected or unconnected with, but
independent from, any contractual relation, causes
damages to another person.
MAJOR PURPOSES OF
TORT LAW
 Major Purposes of Tort Law
● To provide a peaceful means for adjusting the
rights of parties who might otherwise take the
law into their hands;
● Delete wrongful conduct;
● Encourage socially responsible behavior; and
● Restore injured parties to their original condition,
in so far as the law can do this, by compensating
them for their injury.
 Elements of Quasi-Delict
● Damages suffered by the plaintiff;
● Fault or negligence on the defendant;
● Causal connection between the fault or negligence of the
defendant’s act and the damages incurred by the
plaintiff; and
● No pre-existing contractual relation between the parties.
However the Supreme Court held that even if there is
contractual relation, nevertheless the act that breaks the
contract may also be tort.
FAULT AND
NEGLIGENCE
 FAULT AND NEGLIGENCE
Fault signifies voluntary act or omission causing
damages to the right of another giving rise to an
obligation of the actor to repair such damage.
Negligence consists in the omission to do
certain acts which result in the damage to
another.
 2 Kinds of Fault
Fault may be classified as follows: culpa aquiliana and culpa contractual.

1. Culpa Aquiliana or Culpa Extracontractual

Article 2176 of the NCC rpvides culpa aquiliana or culpa extracontractual as a source
of obligation. It is a substantive and independent fault in that there is no pre-existing
relation. It is a separate source of obligation independent of contract.

2. Culpa Contractual or Contractual Fault

This is governed by Article 1170-73. This fault exists as incident in the performance
of an existing obligation. The foundation of the liability of the defendant is the
contract. The obligation to answer for the damage that the plaintiff has suffered
arises from breach of contract by reason of the defendants failure to exercise due
care in its performance.
Article 102 of the Revised Penal
Code - Liability of Innkeepers
and Hotelkeepers
Article 102 of the Revised Penal Code provides that
the innkeepers, tavern keepers, and any other
persons or corporations shall be civilly liable for
crimes committed in their establishments, in all
cases where violation of municipal ordinances or
some general or special police regulation shall have
been committed by them or their employees, in
default of the persons criminally liable.
 Persons Liable for Damages Arising from Quasi-
delicts/torts
Article 2180 (Vicarious Liability). The obligation imposed by Article
2176 is demandable not only for one’s own acts or omissions, but also
for those of persons for whom one is responsible.

1. The father, and, in case of death or incapacity, the mother, are

responsible for the damages caused by minor children who live in
their company.
2. Guardians are liable for the damages caused by the minors or
incapacitated persons who are under their authority and live in their
company.
 Persons Liable for Damages Arising from Quasi-
delicts/torts
3. The owners and managers of an establishment or
enterprise are likewise responsible for damages caused
by their employees in the service of the branches in
which the latter are employed or on occasion of their
functions.
4. Employers shall be liable for the damages caused by
their employees and household keepers acting within the
scope of their assigned tasks, even though the former are
not engaged in any business or industry.
 Persons Liable for Damages Arising from Quasi-
delicts/torts
5. The State is responsible in likewise manner when it
acts through a special agent; but not when the damage
has been caused by the official to whom the task done
properly pertains, in which case what is provided in
Article 2176 shall be applicable.
6. Lastly, teachers or heads of establishments of arts
and trades shall be liable for damages caused by their
pupils, students or apprentices, so as long as they remain
in their custody.
 DOCTRINES IN
NEGLIGENCE CASES
 DOCTRINES IN NEGLIGENCE CASES
The following doctrines may be applied in most
negligence cases involving hospitality management:
1. Proximate Cause
2. Contributory negligence
3. Imputed negligence
4. Last clear chance
5. Res ipsa loquitur
 DOCTRINES IN NEGLIGENCE CASES
1. Doctrine of Proximate Cause – was defined as that cause which, in
natural and continuous sequence, unbroken by any efficient
intervening cause, produces the injury and without which the result
would not have occurred.

2. Doctrine of Contributory Negligence - If the negligence of the

plaintiff was merely contributory, the immediate and proximate cause
of the accident causing the injury being the defendant’s negligence,
such negligence would not be a bar to recovery, but the amount
recoverable shall be mitigated by the court (Art. 2179).
 DOCTRINES IN NEGLIGENCE CASES
3. Doctrine of Imputed Negligence – pertains to the rule whereby the
negligence of a certain person in a transaction or act which gave rise to the
injury complained of is imputable or chargeable against the person for
whom he was acting or against his associates.
4. Doctrine of Last Clear Chance – other known as the Doctrine of
Discovered Peril or the Humanitarian Doctrine. Where both parties are
negligent in such a way that it would be impossible to determine whose
negligence was the proximate cause of the accident; whose party had the
last clear chance or opportunity to avoid the accident by the use of proper
care but failed to do so. These tendencies are considered in law solely
responsible for the consequences of the accident.
 DOCTRINES IN NEGLIGENCE CASES
5. Doctrine of Res Ipsa Loquitur – Latin for "the thing
speaks for itself," may be stated as where a thing is
shown to be under the management of the defendant or
his servants, and the accident is such as the ordinary
course of events does not happen if those who have the
management had used proper care; it affords reasonable
evidence, in the absence of explanation by the defendant,
that the accident arose from want of care.
 OTHER QUASI-DELICT
PROVISIONS APPLICABLE TO
THE TOURISM INDUSTRY
OTHER QUASI-DELICT PROVISIONS APPLICABLE TO
THE TOURISM INDUSTRY
Article 2181. Whoever pays for the damage caused by his
defendants or employees may recover from the latter what he
has paid or delivered in satisfaction of his claim.

Article 2183. The possessor of an animal or whoever may

make use of the same is responsible for the damage which it
may cause, although it may escape or be lost. This
responsibility shall cease only in case the damage should come
from force majeure or from the fault of the person who has
suffered damage.
OTHER QUASI-DELICT PROVISIONS APPLICABLE TO
THE TOURISM INDUSTRY
Article 2184. In motor vehicle mishaps, the owner is solidary liable
with his driver, if the former, who was in the vehicle, could have by
use of due diligence, prevented the misfortune. It is disputably
presumed that a driver was negligent, if he had been found guilty
of reckless driving or violating traffic regulations at least twice
within the next preceding two months.

Article 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 mishap, he has been violating any traffic regulations.
OTHER QUASI-DELICT PROVISIONS APPLICABLE TO
THE TOURISM INDUSTRY
Article 2186. Every owner of the motor vehicle shall file with
the proper government office a bond executed by a
government controlled corporation or office, to answer for
damages to third persons.

Article 2187. Manufacturers or processors of foodstuffs,

drinks, toilet articles and similar goods shall be liable for death
or injuries caused by any noxious or harmful substance used,
although no contractual relation exists between them and the
consumers.
OTHER QUASI-DELICT PROVISIONS APPLICABLE TO
THE TOURISM INDUSTRY
Article 2189. Provinces, cities, municipalities, shall be liable for
damages for the death of or injuries suffered by, any person by
reason of the defective condition of roads, streets, bridges, public
buildings, and other public works under their control or
supervision.

Article 2190. The proprietor of a building or structure is

responsible for the damages resulting from the total or partial
collapse, if it should be due to the lack of necessary repairs.
DAMAGE
DEFINED
 DAMAGE DEFINED

Damage is awarded to a person to see to it that

whenever a right is transgressed, every manner of
loss or injury is compensated for in some way or
another.
 Different Kinds of Damages:
1. Actual or Compensatory. One situation in which actual damages are
awarded is when the defendant has inflicted injury upon the plaintiff.
Actual damages or compensatory damages refer to the money paid to the
plaintiff to cover for the damages caused by the defendant. Other types of
damages also exist and these include property damage, lost wages,
medical care and many others. Actual or compensatory damages are those
awarded in satisfaction of, or in recompense for, loss or injury sustained.
They simply make good or replace the loss caused by the wrong.

2. Moral. Moral damages are awarded to enable the injured party to

obtain means, diversions or amusements that will serve to alleviate the
moral suffering he has undergone, by reason of the defendant’s culpable
action.
 Different Kinds of Damages:
3. Nominal. Article 2221 of the Civil Code, nominal damages may be awarded in order that
the plaintiff’s right, which has been violated or invaded by the defendant, may be
vindicated or recognized, and not for the purpose of indemnifying the plaintiff for any loss
suffered. Nominal damages are ‘recoverable' where a legal right is technically violated and
must be vindicated against an invasion that has produced no actual present loss of any
kind or where there has been a breach of contract and no substantial injury or actual
damages whatsoever have been or can be shown.

4. Temperate or Moderate. Article 2224 of the New Civil Code, temperate damages may
be recovered when pecuniary loss has been suffered but the amount cannot, from the
nature of the case, be proven with certainty. In such cases, the amount of the award is left
to the discretion of the courts; according to the circumstances of each case, but the same
should be reasonable, bearing in mind that temperate damages should be more than
nominal but less than compensatory.
 Different Kinds of Damages:
5. Liquidated. Article 2226 of the Civil Code, liquidated damages is those agreed upon by
the parties to a contract, to be paid in case of breach thereof. The parties to a contract are
allowed to stipulate on liquidated damages to be paid in case of breach. It is attached to an
obligation in order to ensure performance and has a double function: (1) to provide for
liquidated damages, and (2) to strengthen the coercive force of the obligation by the threat
of greater responsibility in the event of breach. The amount agreed upon answers for
damages suffered by the owner due to delays in the completion of the project. As a pre-
condition to such award, however, there must be proof of the fact of delay in the
performance of the obligation.

6. Exemplary or Corrective. Article 2229 of the Civil Code provides that exemplary or
corrective damages are imposed, by way of example or correction for the public good, in
addition to moral, temperate, liquidated or compensatory damages. Article 2231 of the
same Code further states that in quasi-delicts, exemplary damages may be granted if the
defendant acted with gross negligence.
 CLASSIFICATION OF DAMAGES
1. Damages capable of pecuniary computation are
estimable which must be duly established or proven as in
actual or compensatory damages and loss of property
lost of earning capacity.

2. Damages incapable of pecuniary estimation need

no proof and the assessment is left to discretion of the
court (Art. 2216).
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 REFERENCES:
Bascos, Melinda (2020). Legal Aspects in Tourism and Hospitality. Edric Publishing House

Cabulay, D.A. & Aldeguer, C.P. (2020). Legal Aspects in Tourism and Hospitality. Rex Book Store

Maranan, M.H., Maranan, J.M.D., Caluza, C.N., & Dela Cruz, K.L.G. (2019). Legal Aspects in Tourism
and Hospitality. Mindshapers Co.Inc.

Ramos, F.M. (2019). Basic Tourism and Hospitality Laws. Mutya Publishing House, Inc.

Acosta, P. (2017) Awarding temperate damages in lieu of actual damages. The Manila Times.
https://www.manilatimes.net/2017/09/28/legal-advice/dearpao/awarding-temperate-damages-
lieu-actual-damages/353460