TORTS AND DAMAGES I. Principles A. ELEMENTS OF QUASI DELICT/TORTS: Art. 2176.

Whoever by act or omission causes or damage to another, there being fault or negligence, is obliged to pay for the damage done. Such fault or negligence, if there is no preexisting contractual relation between the parties is called a quasi-delict and is governed by the provisions of this Chapter. (1902a) 1. Act or omission 2. Damage or injury is caused to another 3. Fault or negligence is present 4. There is no pre-existing contractual relations between the parties 5. Causal connection between damage done and act/omission NEGLIGENCE - The omission of that degree of diligence which is required by the nature of the obligation and corresponding to the circumstances of the persons, time and place. (Art. 1173, NCC) B. UNJUST ENRICHMENT Art. 22. Every person who through an act of performance by another, or any other means, acquires or comes into possession of something at the expense of the latter without just or legal ground, shall return the same to him. C. Liability without fault -"Strict liabiliy" II. Classification of torts A. Classes of torts according to commission: Intentional torts conduct where the actor desires to cause the consequences of his acts or believes that consequences are substantially certain to result from it. Battery, assault, false imprisonment, defamation, invasion of privacy, interference of property Negligence voluntary acts or omissions which result in injury to another without intending to cause the same. The actor fails to exercise due care in performing such acts or omissions Strict liability the person is made liable independent of fault or negligence upon submission of proofs of certain facts III. Tortfeasors A. Direct tortfeasors

1. Natural Persons = Art. 2176 and 2180 (except par 6) 2. Juridical Persons = state (art. 2180 par. 6) B. Persons made responsible for others 1. In general 2. In particular a. Parents - father, and in case of his death or incapacity, the mother are responsible for damage caused by minor children who live in their company. Father and Mother shall jointly exercise parental authority over common children. In case of disagreement, father's decision shall prevail (art. 211). NOTE: Persons liable for the act of minors other than parents. a. Those exercising substitute parental authority b. Surviving grandparents c. Oldest sibling, over 21 years old unless unfit or unqualified d. Childs actual custodian, over 21 years old unless unfit or disqualified b. Guardians Guardians are liable for damages caused by the minor or incapacitated persons who are: a. under their authority b. who live in their company c. Owners and Managers of Establishments and Enterprises Owners & managers of establishment or enterprise are responsible for damages caused by their employees who are: a. in the service of the branches in which the latter are employed OR b. in occasion of their function d. Employers - Employers shall be liable for damages caused by their: a. employees and b. household helpers c. who are acting w/in the scope of their assigned task even though the former are not engaged in any business or industry (unlike in RPC subsidiary liability of employer attaches in case of insolvency of employer for as long as the employer is engaged in business/industry) DEFENSES AVAILABLE TO EMPLOYERS: a. exercise of due diligence ins election and supervision of employees b. act/omission was made outside working hours and in violation of company's rules and regulations Distinction of employers liability under Art 2180 NCC and Revised Penal Code Civil Code 1. Direct and primary solidary, employer is sue even without suing the employee 2. Defense of exercise of diligence of a good father of the family to be relieve of liability

3. Employer is liable even if not engaged in business 4. Proof of negligence is by mere preponderance of evidence Revised Penal Code 1. Subsidiary arising after the employees guilt 2. Diligence of a good father is not a defense 3. Must prove employer is engaged in business 4. Proof beyond reasonable doubt of evidence. e. State - The state is responsible when it acts through a special agent, but not when the same is caused by an official to whom task done properly pertains in which case art 2176 is applicable Special Agents are of two kinds: a. Public officials with a particular assigned tasks but is specially commissioned to do such task foreign to his usual assigned governmental function. b. Private person not a public official, commissioned to perform non-governmental function. A govt commissioning a private person for a special task is acting thru special agent within the meaning of Art 2180 NCC f. School Administrator, Teacher Teachers or heads of establishments of arts &trades shall be liable for damages caused by their pupils, students & apprentices as long as they remain in their custody even if they are beyond the age of majority NOTE: Art. 2180 applies to all including academic institution per weight of jurisprudence based on obiter of Justice JBL Reyes in the Exconde case TEACHERS LIABILITY: The basis of the teachers liability is the principle of loco parentis (stand in place of parents). So long as the students remain in the protective and supervisory capacity of teachers, the latter shall be deemed to have custody over the students.Its not necessary for the students to board and live with the teachers so that there can becustody over them. SCHOOLS LIABILITY: GENERAL RULE: The School itself is NOT liable as party defendants EXCEPTIONS: a. FC 218 schools are expressly made liable b. St. Francis ruling schools liability as employer c. PSBA ruling school has liability based on contract, therefore: i. If culprit is a teacher, follow St. Francis ruling (sue school as employer) ii. If culprit is a stranger, follow PSBA ruling(sue school based on contract iii. If culprit is a student - apply 2180

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