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Civil Law SUMMER REVIEWER TORTS AND DAMAGES CHAPTER 1: CONCEPT OF TORTS | Jovanni Christian Plateros ­ Academia.edu

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ATENEO CENTRAL BAR OPERATIONS 2007 Civil Law SUMMER REVIEWER TORTS AND DAMAGES CONTRACT QUASI DELICT Pre-
ATENEO CENTRAL BAR OPERATIONS 2007
Civil Law
SUMMER REVIEWER
TORTS AND DAMAGES
CONTRACT
QUASI DELICT
Pre-
No pre-existing
CHAPTER 1: CONCEPT OF TORTS
existing
There is a pre-
existing contract
contract
contract
Art. 2176. Whoever by act or omission causes
damage to another, there being fault or
Burden of
Contractual
party.
Prove the ff.:
Victim.
proof
Prove the ff.:
READ PAPER
negligence, is obliged to pay for the damage
damage
Civil Law SUMMER REVIEWER TORTS AND DAMAGES CHAPTER 1: CONCEPT OF TORTS
DOWNLO AD
done. Such fault or negligence, if there is no pre-
1. existence of
1. negligence
existing contractual relation between the parties
a contract
2 causal

1/20/2017

Civil Law SUMMER REVIEWER TORTS AND DAMAGES CHAPTER 1: CONCEPT OF TORTS | Jovanni Christian Plateros ­ Academia.edu

is called a quasi-delict and is governed by the

provisions of this Chapter. (1902a)

,

ELEMENTS OF QUASI DELICT/TORTS:

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)

KINDS OF NEGLIGENCE

1.

Quasi delict (Art. 2176 NCC)

2.

Criminal negligence (Art. 356 RPC)

3.

Contractual negligence (NCC provisions on

contracts particularly Arts. 1170 to 1174)

malicious, in bad Defense Proof proved. contrary is innocent until the presumed Accused is Prosecution. contract
malicious, in bad
Defense
Proof
proved.
contrary is
innocent until the
presumed
Accused is
Prosecution.
contract
No pre-existing
reasonable doubt
Proof beyond
faith)
available
(deliberate,
means of dolo
committed by
Act / omission
damage done
negligence and
between
connection
.
CONTRACT
DELICT
breach
Pre-
Majeure
1.
2.
of evidence
Contract
breach
a contract
existence of
Prove the ff.:
party.
Contractual
contract
existing contract
There is a pre-
2.
carriage), Force
contract of
diligence (in
extraordinary
Exercise of
Needed
Preponderance
Juris
Vinculum
proof
Burden of
existing
Exercise of Impliedly Civil aspect is Subsidiary DELICT QUASI DELICT TIFF (Uncompressed) de compres sor are
Exercise of
Impliedly
Civil aspect is
Subsidiary
DELICT
QUASI
DELICT
TIFF (Uncompressed) de compres sor
are needed to see thi s picture.
employees
supervision of
selection and
family in the
good father of a
diligence of
instituted with
of evidence
Preponderance
imprudence)
omission (culpa,
Negligent act/
QUASI DELICT
CONTRACT
SOURCES
QuickTime™ and a
Majeure
OTHER
FROM
OF
Contract
Needed
Proof
Juris
Vinculum
OBLIGATION:
DISTINGUISHED
carriage), Force
contract of
diligence (in
extraordinary
Exercise of
of evidence
Preponderance
Defense available
CIVIL LIABILITY IN QUASI-DELICT VS. DELICT
criminal action,
instituted with
is impliedly
the quasi-delict
Civil aspect of
Requirement
Reservation
Employer
Solidary
Liability of
action
criminal

—Adviser: Dean Cynthia del Castillo Head: Joy Ponsaran, Eleanor Mateo; Understudy: Joy Tajan, John Paul Lim; Subject Head: Jomi Legaspi;

Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 but under 2000 GOOD FATHER OF A
Civil Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
but under 2000
GOOD FATHER OF A FAMILY (pater familias)
Crimpro Rules
The only standard of conduct used in the
it is
Philippines (Art. 1173 NCC)
independent
A reasonable man is deemed to have knowledge
and separate
of the facts that a man should be expected to
Effect of
Not a bar to
Not a bar to
know based on ordinary human experience.
judgment of
recover civil
recover civil
acquittal in a
damages
damages
Corliss v.
Manila
Railroad
The law
criminal
EXCEPT when
presumes or requires a man to possess
case
judgment
ordinary
capacity
to
avoid
harming
his
involving
pronounces
neighbors unless a
clear
and
manifest
same
that the
incapacity is shown
and
the
law
does not
act/omission
negligence
hold him liable for unintentional injury unless,
Civil Law SUMMER REVIEWER TORTS AND DAMAGES CHAPTER 1: CONCEPT OF TORTS
DOWNLO AD
from which
possessing such capacity, he might and
damage arise
ought to have foreseen the danger.
is non-existent

1/20/2017

Civil Law SUMMER REVIEWER TORTS AND DAMAGES CHAPTER 1: CONCEPT OF TORTS | Jovanni Christian Plateros ­ Academia.edu

• NOTE: It is an existing doctrine that the failure of the court to make anyntiff Fernando v. CA – They should exhibit the case and skill of one who is ordinarily skilled in the particular field that he is in; The rule Civil Law SUMMER REVIEWER TORTS AND DAMAGES CHAPTER 1: CONCEPT OF TORTS to recover. Thus, if plaintiff’s own conduct is the cause of the injury there can be no recovery. DOWNLO AD " id="pdf-obj-2-8" src="pdf-obj-2-8.jpg">
   

NOTE: It is an existing doctrine that the failure of

 
 

the court to make any pronouncement, favorable

Corliss v. Manila Railroad – The law works only within the sphere of the senses. Moral
Corliss v. Manila Railroad – The law works
only within the sphere of the senses. Moral
consideration are not normally accorded
great weight.The knowledge and experience
of the actor is also considered in determining
whether he observed due diligence.
CHAPTER 2: SPECIAL RULES
 

or unfavorable, as to the civil liability of the

accused amounts to a reservation of the right to

have the civil liability litigated and determined in a

separate action. The rules nowhere provide that if

the court fails to determine the civil liability it

becomes no longer enforceable

Castillo v. CA, 176 SCRA 591 – A quasi- delict or culpa aquiliana is a separate
Castillo v.
CA, 176 SCRA
591 – A quasi-
delict or culpa aquiliana is a separate legal
institution
under
the
Civil
Code
with
a
substantivity all its own, and individuality that
is entirely apart and independent from a delict
or crime — a distinction exists between the
civil liability arising from a crime and the
responsibility for quasi-delicts or culpa extra-
contractual.

1.

CHILDREN

The action of the child will not necessarily be

 

judged according to the standard of an adult. But

if the minor is mature enough to understand and

appreciate the nature and consequences of his

actions, he will be considered negligent if he fails

to exercise due care and precaution in the

TESTS OF NEGLIGENCE • Did the defendant in doing the alleged negligent act use the reasonable
TESTS OF NEGLIGENCE
• Did the defendant in doing the alleged negligent
act use the reasonable care and caution which
an ordinary prudent person would have used in
the same situation?
If not, then he is guilty of negligence
Could a prudent
man,
in
the
case
under
consideration, foresee harm as a result of the
course pursued?
QuickTime™ and a
TIFF (Uncompressed) decompressor
If
so,
it
as
the
duty
of
the
actor to take
are needed to see this picture.
precautions to guard against harm
CIRCUMSTANCES TO CONSIDER
• Time
• Place
• Personal circumstances of the Actors

commission of such acts.

Taylor v. Meralco, 16 Phil 8 –The law fixes no arbitrary age at which a minor
Taylor v. Meralco, 16 Phil 8 –The law fixes
no arbitrary age at which a minor can be said
to have the necessary capacity to understand
and appreciate the nature and consequences
of his acts

NOTE: Applying the provisions of the RPC,

Judge Sangco takes the view that a child who is

 

9

or

below

is

conclusively

presumed

to

be

incapable of negligence.

On

the other hand, if

the child is above 9 years but below 15, there is a

disputable presumption of absence or

 

negligence.

Absence of negligence

does

not

 
   

necessarily

mean absence of liability. A child under 9 years

Page 237 of 297

 
Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 can still be subsidiarily liable with his
Civil Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
can still be subsidiarily liable with his property
CHAPTER 3: WHAT MUST BE PROVED
   
 

(Art. 100 RPC)

Absence of negligence of the child may not

1.

NEGLIGENCE - plaintiff must prove negligence

 

excuse the parents from their vicarious liability

of defendant

under Art. 2180 NCC or Art. 221 FC.

Exceptions:

 

a.

In cases where negligence is presumed or

 

2.

PHYSICAL DISABILITY

imputed by law - this is only

 

rebuttable/presumption juris tantum

GENERAL RULE: a weak or accident prone

b.

Principle

of

res

ipsa

loquitur

(the

thing

 

person must come up to the standard of a

speaks for itself) - grounded on the difficulty

reasonable man, otherwise, he will be considered

in proving thru competent evidence, public

as negligent

policy considerations

Exception:

If

the

defect

amounts

to

a

real

disability, the standard of conduct

is

that

of

a

2.

DAMAGE / INJURY

reasonable person under like disability.

3.

CAUSAL

CONNECTION BETWEEN

 

3.

EXPERTS AND PROFESSIONALS

NEGLIGENCE AND DAMAGE – Defendant’s

 

negligence must be the proximate cause of the

   

injury sustained by the plaintiff to enable plaintiff

   
Fernando v. CA – They should exhibit the case and skill of one who is ordinarilythe cause of the injury there can be no recovery. DOWNLO AD " id="pdf-obj-2-313" src="pdf-obj-2-313.jpg">

Fernando v. CA – They should exhibit the

case and skill of one who is ordinarily skilled

in the particular field that he is in; The rule

Civil Law SUMMER REVIEWER TORTS AND DAMAGES CHAPTER 1: CONCEPT OF TORTS

to recover. Thus, if plaintiff’s own conduct is the

cause of the injury there can be no recovery.

AD

1/20/2017

Civil Law SUMMER REVIEWER TORTS AND DAMAGES CHAPTER 1: CONCEPT OF TORTS | Jovanni Christian Plateros ­ Academia.edu

regarding experts is applicable not only to

professionals who have undergone formal

education

There are activities which by nature impose

duties to exercise a higher degree of diligence

(ex. Banks, Common Carriers)

but is only contributory, he is considered partly responsible only. Plaintiff may still recover from defendant
but
is
only
contributory,
he
is
considered
partly
responsible only. Plaintiff may still recover
from defendant
negligence
the
award
may
be
reduced
by the
courts in proportion to
his
under
circumstances surrounding the case, would
efficient cause which in the natural order of
naturally produce the event
adequate
particular
Proximate
Cause
events
own negligence
and
and
the
the
NOTE:
plaintiff's
If

CHAPTER 4: DEFENSES

  • 1. CONTRIBUTORY NEGLIGENCE - the plaintiff

  • 4. NATURE OF ACTIVITY

  • 5. INTOXICATION

GENERAL RULE:

QuickTime™ and a presumed that a person driving a motor vehicle has been negligent if at
QuickTime™ and a
presumed that a person driving a motor vehicle
has been negligent if at the time of the mishap,
from liability based on quasi delict (Art. 2180 and
However, by express provision of law, there may
is not negligence nor establishes want of
to be exempt from criminal liability. The insanity
• An insane person is exempt from liability.
of a person does not excuse him or his guardian
prove negligence.
6. INSANITY
2182 NCC)
be civil liability even when the perpetrator is held
TIFF are (Uncompressed) needed to see decompressor this picture.
he was violating any traffic regulation
EXCEPTION: Under Art. 2185 of the NCC it is
ordinary care. But it may be considered to
Wright v. Manila Electric – Mere intoxication

was also negligent together with the defendant;

to constitute a defense, proximate cause of

injury/damage must be the negligence of

defendant

  • 2. CONCURRENT NEGLIGENCE –if both parties are equally negligent the courts will leave them as they are; there can be no recovery

  • 3. DOCTRINE OF LAST CLEAR CHANCE -even though a person’s own acts may have placed him in a position of peril and an injury results, the injured is entitled to recover if the defendant thru the exercise of reasonable care and prudence might have avoided injurious consequences to the plaintiff. This defense is available only in an

Page 238 of 297

   
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