A.

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
B. DISTINGUISHED FROM OTHER SOURCES OF OBLIGATION:
QUASI beyond
CONTRACT
Vinculum
DELICT
Negligent
Contract
Act/omission
Preponderance
Proof
Defense
Exercise
DELICT
Needed
available
Juris
of
act/
extraordinary
diligence
committed
reasonable
ofomission
evidence
ofbydoubt
(culpa,
good
meansfather
diligence
imprudence)
of dolo
(in
of acontract
(deliberate,
family in
of the
carriage),
malicious,
selection
Force
inand
badMajeure
supervisio
faith)
n ofpre-existing
Pre-existing
There
No
Burden
Contractual
employees
isofpre-existing
proof
party.
contract
contract
Prove
contract
the ff.:
1. existence of a contract
2. breachProve the ff.:
Victim.
1. damage
2. negligence
3. causal connection
Prosecution. Accused is
between
presumed
negligence
innocentanduntil
damage
thedone
contrary is proved.
C. CIVIL LIABILITY IN QUASI-DELICT vs. DELICT
Liability
DELICT
QUASI-DELICT
DIFFERENCE
Reservation
Subsidiary
Solidary
Civil aspect
ofRequirement
Employer
of the quasi-delict is impliedly instituted with criminal action, b
ut under
Civil
Effect
Not a bar
aspect
of2000
judgement
to isCrimpro
recover
Impliedly
ofcivil
Rules
acquittal
instituted
damages
it isinEXCEPT
independent
awith
criminal
criminal
when and action
case
judgement
separate
involving
pronounces
same act/omission
that the neg
ligence
Not a barfrom
to recover
which damage
civilarise
damages
is non-existent
D. WHAT MUST BE PROVED
1. Negligence - In action for Quasi Delict, plaintiff must prove negligence of d
efendant
Exception:
a. In cases where negligence is presumed or imputed by law - this is only rebutt
able/presumption juris tantum
b. Principle of res ipsa loquitur (the thing speaks for itself) - grounded on th
e difficulty in proving thru competent evidence, public policy considerations
2. Damage/injury
3. Causal connection between negligence and damage (to be actionable) -Defendant s
negligence must be the proximate cause of the injury sustained by the plaintiff
to enable plaintiff to recover. Thus, if plaintiff s own conduct is the cause of
the injury there can be no recovery.
If plaintiff's negligence is only contributory he is considered partly responsib
le only, may still recover from defendant but must be reduced by the courts in p
roportion to his own negligence
Concept of proximate cause the adequate and efficient cause which in the natural
order of events and under the particular circumstances surrounding the case, wo
uld naturally produce the event

E. DEFENSES:
1. CONTRIBUTORY NEGLIGENCE - the theory here is that the plaintiff was also negl
igent together with the defendant; to constitute a defense, proximate cause of i
njury/damage must be the negligence of defendant
2. CONCURRENT NEGLIGENCE - the theory here is that both parties are equally negl
igent; 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 re
cover if the defendant thru the exercise of reasonable care and prudence might h
ave avoided injurious consequences to the plaintiff. This defense is available o
nly in an action by the driver or owner of one vehicle against the driver or own
er of the other vehicle involved.
Elements:
a. plaintiff was in a position of danger by his own negligence
b. defendant knew of such position of the plaintiff
c. defendant had the least clear chance to avoid the accident by exercise of ord
inary care but failed to exercise such last clear chance and
d. accident occurred as proximate cause of such failure
Who may invoke: plaintiff
Inapplicable to:
1. joint tortfeasors
2. defendants concurrently negligent
3. as against 3rd persons
4. EMERGENCY RULE a person is not expected to exercise the same degree of care w
hen he is compelled to act instinctively under a sudden peril because a person c
onfronted with a sudden emergency may be left with no time for thought and must
make a speedy decision upon impulse or instinct
* Applicable only to situations that are sudden and unexpected such as to depriv
e actor of all opportunity for deliberation
* But action must still be judged by the standard of the ordinary prudent man
* Absence of forseeability
5. DOCTRINE OF ASSUMPTION OF RISK Volenti non fit injuria
* Intentional exposure to a known danger
* One who voluntarily assumed the risk of an injury from a known danger cannot r
ecover in an action for negligence or an injury is incurred
* Plaintiff s acceptance of risk (by law/contract/nature of obligation) has erased
defendant s duty so that his negligence is not a legal wrong
* Applies to all known danger
6. DUE DILIGENCE diligence required by law/contract/depends on circumstances of
persons, places, things
7. FORTUITOUS EVENT - no person shall be responsible for those events which cann
ot be forseen, or which through forseen were inevitable
Exception: assumption of risk
8. DAMNUM ABSQUE INJURIA a principle that involves damage without injury, theref
ore no liability is incurred; there is no legal injury
9. LAW specific provision of law
10. EXERCISE OF DILIGENCE OF GOOD FATHER OF FAMILY IN SELECTION
AND SUPERVISION OF EMPLOYEES
11. PRESCRIPTION
Injury to right of plaintiff/quasi delict - 4 years
Defamation - 1 year
When no specific provision, must be counted from the day they may be brought
12. PROSCRIPTION AGAINST DOUBLE RECOVERY - Responsibility for fault or negligenc
e under quasi-delict is entirely separate and distinct from civil action arising
 from the RPC but plaintiff cannot recover damages 2x for same act or omission o
f the defendant
13. ACT OR OMISSION IS NOT THE PROXIMATE CAUSE OF THE DAMAGE
14. OTHER GROUNDS MOTION TO DISMISS
a. lack of jurisdiction over person of defendant
b. lack of jurisdiction over subject matter
c. venue improperly laid
d. plaintiff has no legal capacity to sue
e. there is another action pending between same parties for same cause
f. cause of action is barred by prior judgement /statute of limitations
g. pleading asserting claim states no cause of action
h. claim set forth in pleading has been paid, waived, abandoned, extinguished
i. claim is unenforceable under the provision of statute of fraud
j. condition precedent for filing claim has not been complied with

F. PERSONS LIABLE FOR QUASI DELICT

1. TORTFEASOR - Whoever by act or omission causes damage to another, there being
no fault or negligence is obliged to pay for the damage done (art 2176).
2. PERSONS VICARIOUSLY LIABLE the obligation imposed in 2176 is demandable not
only for one s own act or omission but also for those persons for whom one is res
ponsible (art 2180).
VICARIOUS LIABILITY law on imputed negligence; a person who himself is not guilt
y of negligence is made liable for conduct of another
Reason:
1. public policy deeper pocket/capacity to pay
2. violation of duty on account of relationship he is negligent
a) PARENTS - The father, and in case of his death or incapacity, the mother are
responsible for damage caused by:
i. minor children
ii. who live in their company
Note: Father and Mother shall jointly exercise parental authority over common ch
ildren. In case of disagreement, father's decision shall prevail (art 211).
b) GUARDIANS - Guardians are liable for damages caused by the minor or incapacit
ated persons who are
i. under their authority &
ii. live in their company
c) OWNERS & MANAGERS OF ESTABLISHMENT/ENTERPRISE - Owners & managers of establis
hment or enterprise are responsible for damages caused by their employees
i. in the service of the branches in which the latter are employed OR
ii. in occasion of their function
d) EMPLOYERS - Employers shall be liable for damages caused by their employees &
household helpers
i. acting w/in the scope of their assigned task
ii. even though the former are not engaged in any business or industry (unlik
e in RPC subsidiary liability of employer attaches in case of insolvency of empl
oyer for as long as the employer is engaged in business/industry)
Defenses available to employers:
i. exercise of due diligence ins election and supervision of employees
ii. act/omission was made outside working hours and in violation of
company's rules and regulations
e) STATE - The state is responsible when it acts through a special agent, but no
t when the same is caused by an official to whom task done properly pertains in
which case art 2176 is applicable
f) SCHOOLS, ADMINISTRATOR, TEACHER - Teachers or heads of establishments of arts
& trades shall be liable for damages caused by their
i. pupils, students & apprentices
ii. as long as they remain in their custody
Note:
Family Code, art 218 - The school, its administration & teachers or the individu
al, entity or institution engaged in child care shall have special parental auth
ority & responsibility over the minor child under their supervision, instruction
or custody (authority & responsibility shall apply to all authorized activities
whether inside or outside the premises or the school, entity or institution).
Family Code, art 219 - those given the authority & responsibility shall be solid
arily & principally liable for damages caused by act/omission of the unemancipat
ed minor; parents, judicial guardian or person exercising substitute parental au
thority over said minor shall be subsidiarily liable.
Difference between Articles 218 & 2180
Liability
Art
School,
Teachers,
2180Art
admin,
head
of218
school,
teachers
of establishment
admin,
engaged
teachers
in Arts
child
is solidary
and
caretrades
areand
made
areparents
expressly
made expressly
are made
liablesubsidiary
liable
Noliable
Students
such express
involvedsolidary
mustnecessarily
not benor
minor
subsidiary
minor liability is stated
Issues:
1. whether or not schools are liable?
gen rule: schools are not liable as party defendants
exception:
a) FC 218 schools are expressly made liable
b) St. Francis case ruling school s liability as employer
c) PSBA case ruling school has liability based on contract
So that
a) if culprit is a teacher, follow St. Francis ruling (sue school as employer)
b) if culprit is a stranger, follow PSBA ruling (sue school based on contract)
c) if culprit is a student - apply 2180
2. does 2180 apply to school of arts & trades only? No. applies to all including
academic institution per weight of jurisprudence based on obiter of Justice JBL
Reyes in the Exconde case
3. basis of liability of teacher principle of loco parentis (stand in place of p
arents)
4. so long as they remain in their custody
* not literal anymore; before: boarding & living with teacher due to peculiar ch
aracteristic of trade & arts school
* as long as they are in the protective, supervisory capacity of teacher special
parental authority
3. PERSONS EXPRESSLY MADE LIABLE BY LAW (even without fault)
a. POSSESSOR OF AN ANIMAL OR WHOEVER MAKES USE OF THEM EVEN
IF THE ANIMAL IS LOST OR ESCAPED
Except:
1. Force majeure
2. Fault of the injured/damaged person
b. OWNER OF MOTOR VEHICLE - In motor vehicle mishap, the owner is solidarily
liable with the driver if:
1. he was in the vehicle, and
2. could have through due diligence prevented the misfortune
c. MANUFACTURERS & PROCESSORS OF FOODSTUFFS, DRINKS, TOILET ARTICLES & SIMILAR G
OODS - they are liable for death and injuries caused by any noxious or harmful s
ubstances used although no contractual relation exists between them and the cons
umers
d. DEFENDANT IN POSSESSION OF DANGEROUS WEAPONS OR SUBSTANCES, SUCH AS FIREARMS
AND POISON - there is prima facie presumption of negligence on the part of defen
dant if death or injury results from such possession
Exception: The possession or use thereof is indispensable in his occupation or b
usiness
e. PROVINCES, CITIES & MUNICIPALITIES -shall be liable for damages for the death
or injuries suffered by any person by reason of the defective condition of road
s, streets, bridges, public buildings, and other public works under their contro
l or supervision
f. PROPRIETOR OF BUILDING OR STRUCTURE - responsible for the damages resulting f
rom any of the ff.:
i. total or partial collapse of building or structure if due to lack of necessar
y repairs
ii. explosion of machinery which has not been taken cared of with due diligence,
and the inflammation of explosive substances which have not been kept in a safe
and adequate place
iii. by excessive smoke, which may be harmful to persons or property
iv. by falling of trees situated at or near highways or lanes, if not caused by
force majeure
v. by emanations from tubes, canals, sewers or deposits of infectious matter, co
nstructed without precautions suitable to the place
g. ENGINEER, ARCHITECT OR CONTRACTOR - if damage of building or structure is ca
used by defect in construction which happens within 15 years from construction;
action must be brought within 10 years from collapse
h. HEAD OF FAMILY THAT LIVES IN A BUILDING OR PART THEREOF - liable for damages
caused by things thrown or falling from the same

G. SPECIAL TORTS
1. Art 19, 20, 21 (catch-all provision)
a. ABUSE OF RIGHTS (Art 19)
ELEMENTS:
i. There is a legal right or duty
ii. Which is exercised in bad faith
iii. For the sole intent of prejudicing or injuring another
b. GENERAL SANCTION (Art. 20)
- for all other provisions of law which do not especially provide their own sanc
tion
ELEMENTS:
i. In the exercise of his legal right or duty
ii. Willfully or negligently causes damage to another
c. CONTRA BONUS MORES (ART 21)
ELEMENTS:
i. There is an act which is legal
ii. But which is contrary to morals, good custom, public order or public policy
iii. And it is done with intent to injure
2. UNJUST ENRICHMENT - Arts. 22, 23, 2142 & 2143
3. OSTENTATIOUS DISPLAY OF WEALTH - Art. 25; thoughtless extravagance for
pleasure or display during a period of public want or emergency
4. VIOLATION OF RIGHT OF PRIVACY AND FAMILY RELATIONS
Art 26 - every person shall respect the dignity, personality, privacy and pea
ce of
mind of his neighbors and other persons. The ff. acts though they may not con
stitute
a criminal offense, shall produce a cause of action for damages, prevention a
nd
other relief:
i. prying into the privacy of another's residence
iii. meddling with or disturbing the private life or family relations of
another
iii. intriguing to cause another to be alienated
from his friends
iv. vexing or humiliating another on account of his religious beliefs, lowly sta
tion in life. Place of birth, physical defect, or other personal condition
5. DERELICTION OF OFFICIAL DUTY OF PUBLIC OFFICERS
May be brought by any person suffering from material or moral loss because a
public
servant refuses or neglects, without just cause to perform his official duty
(art 27).
REQUISITES:
a. defendant is a public officer charged with the performance of a duty in favo
r of the plaintiff
b. he refused or neglected without just cause to perform such duty (ministerial)
c. plaintiff sustained material or moral loss as consequence of such non-perform
ance
d. the amount of such damages, if material
6. UNFAIR COMPETITION - Unfair competition in agricultural, commercial or indus
trial enterprises or in labor through the use of force, intimidation, deceit. Ma
chination or other unjust, oppressive or highhanded method (Art 28)
7. MALICIOUS PROSECUTION
ELEMENTS;
a. that the defendant was himself the prosecutor/ he instigated its commencement
b. that it finally terminates in his acquittal
c. that in bringing it the prosecutor acted without probable cause, and
d. that he was actuated by legal malice, that is, by improper and sinister motiv
e
8. VIOLATION OF RIGHTS AND LIBERTIES OF ANOTHER PERSON
9. NUISANCE
a. DEFINITION - any act, omission, establishment, condition of property, or anyt
hing else which:
i. injures or endangers the health or safety to others, or
ii. annoys or offends the senses, or
iii. shocks, defies, or disregards decency or morality, or
iv. obstructs or interferes with the free passage of any public highway or stree
ts, or any body of water
v. hinders or impairs use of property
b. KINDS:
NUISANCE PER SE - denounced as nuisance by common law or by statute
NUISANCE PER ACCIDENS - those which are in their nature not nuisances, but may b
ecome so by reason of their locality, surroundings, or the manner in which they
may be conducted, managed, etc.
PUBLIC - affects a community or neighborhood or any considerable number of perso
ns
REMEDIES AGAINST PUBLIC NUISANCES
1. Prosecution under the RPC or any local ordinance
2. Civil action
3. Abatement, without judicial proceeding
WHO MAY AVAIL OF REMEDIES
1. Public officers
2. Private persons - if nuisance is specially injurious to himself; the ff. s
teps
must be made:
i. demand be first made upon owner or possessor of the property to abate the nui
sance
ii. that such demand has been rejected
iii. that the abatement be approved by the district health officer and executed
with the assistance of local police
iv. that the value of destruction does not exceed P3,000

PRIVATE - one that is not included in the foregoing definition; affect a

n individual
or a limited number of individuals only
REMEDIES AGAINST PRIVATE NUISANCES
(1). Civil action
(2). Abatement, without judicial proceedings
WHO MAY AVAIL OF REMEDIES
(1). Public officers
(2). Private persons - if nuisance is specially injurious to himse
lf; the ff. steps
must be made:
i. demand be first made upon owner or possessor of the property to
abate the nuisance
ii. that such demand has been rejected
iii. that the abatement be approved by the district health officer and executed
with the assistance of local police
iv. that the value of destruction does not exceed P3,000
c. DOCTRINE OF ATTRACTIVE NUISANCE - a class of cases within the general rule th
at one is liable for the injury resulting to another from failure to exercise th
e degree of care commiserate with the circumstances
* the attractiveness of the premises or of the dangerous instrumentality to chil
dren of tender years is to be considered as an implied invitation, which takes t
he children who accepted it out of the category of a trespasser and puts them in
the category of invitees, towards whom the owner of the premises or instrumenta
lity owes the duty of ordinary care
H. DAMAGES
Kinds of Damages: (MENTAL)
MORAL
EXEMPLARY
NOMINAL
TEMPERATE
ACTUAL
LIQUIDATED
1. ACTUAL/COMPENSATORY - adequate compensation for
a) the value of loss suffered
b) profits which obligee failed to obtain
Exception:
a. provided by law
b. by stipulation
WHAT MUST BE DONE TO COLLECT ACTUAL DAMAGES:
1.) Plead or allege the loss
GENERAL DAMAGE - natural, necessary and logical consequences of a particular wr
ongful act which result in injury; need not be specifically pleaded because the
law itself implies or presumes that they resulted from the wrongful act
SPECIAL DAMAGES - damages which are the natural, but not the
necessary and inevitable result of the wrongful act; need to be plea
ded
2.) Pray for the relief that claim for loss be granted
3.) Prove the loss
WHEN LOSS NEED NOT BE PROVED:
1.) Liquidated damages previously agreed upon; liquidated damages take the place
of actual damages except when additional damages incurred
2.) If damages other than actual are sought
3.) Loss is presumed (ex: loss if a child or spouse)
4.) Forfeiture of bonds in favor of the government for the purpose of promoting
public interest or policy (ex: bond for temporary stay of alien)
CONTRACTS & QUASI CONTRACTS
1. Damages in case of Good faith -
a. Natural and probable consequence of breach of obligation, and
b. Parties have forseen or could have reasonably forseen at time obligation was
constituted
2. Damages in case of bad faith
a. it is sufficient that damages may be reasonably attributed to the non-perfor
mance of& QUASI-CRIMES
CRIMES the obligation
* defendant is liable for all damages that are natural and probable consequence
of the act/omission complained of
* not necessary that damages have been forseen or could have been reasonably for
seen
a) VALUE OF LOSS SUFFERED - Destruction of things, fines or penalties,
medical & hospital bills, attorney's fees, interests, cost of litigation
Damages recoverable:
1. Medical & Hospital Bills
2. Loss or impairment of earning capacity (in case of physical disability)
3. Damages for death
a) Minimum amount: P50,000
b) Loss of earning capacity unless deceased had permanent physical disability no
t caused by defendant so that deceased had no earning capacity at time of death
c) Support, if deceased was obliged to give support (for period not more than 5
years)
d) Moral damages
4. Attorney's fees - as a general rule, attorney's fees (other than judicial cos
ts) are not recoverable, except:
a) stipulation between parties
b) when exemplary damages are awarded
c) when defendant's act/omission compelled plaintiff to litigate with 3rd person
s or incur expenses to protect his interest
d) malicious prosecution
e) clearly unfounded civil action or proceeding against plaintiff
f) defendant acted in gross & evident bad faith in refusing to satisfy plaintiff
's just & demandable claim
g) legal support actions
h) recovery of wages of household helpers, laborers & skilled workers
i) actions for indemnity under workmen's compensation and employer liability law
s
j) separate civil action to recover civil liability arising from crime
k) when double judicial costs are awarded
5. Judicial costs
6. interest - discretionary on part of the court
b) UNREALIZED PROFITS - future earnings
WHEN IS DAMAGES MITIGATED:
1. Contributory negligence
2. In contracts. Quasi-contracts and quasi-delict -
a. plaintiff has contravened the terms of contract
b. plaintiff derived some benefit as result of contract
c. in case where exemplary damages are to be awarded, that the defendant acted u
pon the advise of counsel
d. that the loss would have resulted in any event
e. that since the filing of the action, the defendant has done his best to lesse
n the plaintiff's loss or injury
2. MORAL DAMAGES - (PBMF-MWSS)
a. Physical suffering
b. Besmirched reputation
c. Mental anguish
d. Fright
e. Moral shock
f. Wounded feelings
g. Social humiliation
h. Serious anxiety
Notes:
* Sentimental value of real or personal property may be considered in adjudicati
ng moral damages
* The social and economic/financial standing of the offender and the offended pa
rty should be taken into consideration in the computation of moral damages
* Moral damages is awarded only to enable the injured party to obtain means, div
ersions or amusements that will serve to alleviate the moral suffering he has un
dergone, by reason of defendant's culpable action and not intended to enrich a c
omplainant at the expense of defendant
IN WHAT CASES MAY MORAL DAMAGES BE RECOVERED (enumeration not exclusive):
a. Criminal offense resulting in physical injuries
b. Quasi-delicts causing physical injuries
c. Seduction, abduction, rape or other acts of lasciviousness
d. Adultery and concubinage
e. Illegal or arbitrary detention or arrest
f. Illegal search
g. Libel, slander or other form of defamation
h. Malicious prosecution
i. Acts mentioned in art 309 of the RPC relating to disrespect of the dead and i
nterference with funeral
j. Acts and actions referred to in arts 21, 26, 27, 28, 29, 30, 32, 34 and 35
k. The parents of the female seduced, abducted, raped, or abused
l. Spouse, descendants, ascendants and brother and sisters for acts mentioned in
art 309
m. Art 2220 - in cases of willful injury to property or breaches of contract whe
re defendant acted fraudulently or in bad faith
3. NOMINAL DAMAGES - adjudicated in order that a right of the plaintiff, which h
as 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 by h
im
ELEMENTS:
a. Plaintiff has a right
b. Right of plaintiff is violated
c. Purpose is not to identify but vindicate or recognize right violated
4. TEMPERATE OR MODERATE DAMAGES - more than nominal but less than compensatory
where some pecuniary loss has been suffered but its amount can't be proved with
certainty due to the nature of the case
REQUISITES:
a. Some pecuniary loss
b. Loss is incapable of pecuniary estimation
c. Must be reasonable
5. LIQUIDATED DAMAGES - those agreed upon by the parties to a contract, to be pa
id in case of breach thereof
WHEN LIQUIDATED DAMAGES MAY BE EQUITABLY REDUCED:
a. iniquitous or unconscionable
b. partial or irregular performance
6. EXEMPLARY OR CORRECTIVE DAMAGE - imposed by way example or correction for the
 public good, in addition to the moral, temperate, liquidated to compensatory da
mages

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