San Beda Law Memory Aid on Torts and Damages

San Beda College of Law
215
MEMORY AID IN CIVIL LAW
TORTS AND DAMAGES
I. TORTS The omission of that degree of

diligence which is required by the nature
TORT of the obligation and corresponding to
An unlawful violation of private right, the circumstances of persons, time and
not created by contract, and which gives place. (Article 1173 Civil Code)
rise to an action for damages.
It is an act or omission producing an Kinds of Negligence:
injury to another, without any previous 1. Culpa Contractual (contractual
existing lawful relation of which the said negligence)
act or omission may be said to be a Governed by CC provisions on Obligations
natural outgrowth or incident. and Contracts, particularly Arts. 1170 to
1174 of the Civil Code.
NOTES:
An unborn child is NOT entitled to 2. Culpa Aquiliana (quasi-delict)
damages. But the bereaved parents may Governed mainly by Art. 2176 of the
be entitled to damages, on damages Civil Code
inflicted directly upon them. (Geluz vs.
CA, 2 SCRA 802) 3. Culpa Criminal (criminal negligence)
Defendants in tort cases can either be Governed by Art. 365 of the Revised
Penal Code.
natural or artificial being. Corporations
are civilly liable in the same manner as NOTES:
natural persons. The 3 kinds of negligence furnish
Any person who has been injured by separate, distinct, and independent
reason of a tortious conduct can sue the bases of liability or causes of action.
tortfeasor. A single act or omission may give rise
The primary purpose of a tort action is to to two or more causes of action.
provide compensation to a person who
was injured by the tortious conduct of Culpa Contractual Culpa Aquiliana
the defendant. The foundation of It is a separate
Preventive remedy is available in some the liability of the source of obligation
defendant independent of
cases.
is the contract contract
In breach of contract In quasi-delict the
Classes of Torts: committed through presumptive
A. Negligent Torts the negligence of responsibility for the
B. Intentional Torts employee, the negligence of his
C. Strict Liability employer cannot servants can be
erase his primary and rebutted by proof of
A. NEGLIGENT TORTS direct liability by the exercise of due
Involve voluntary acts or omissions invoking exercise of care in their
diligence of a good selection and
which result in injury to others without father of a family in supervision.
intending to cause the same or because the selection and
the actor fails to exercise due care in supervision of the
performing such acts or omissions. employee.
NEGLIGENCE
Culpa Aquiliana Crime
CIVIL LAW COMMITTEE
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
216
Only involves private Affect the public Negligence is a conduct that creates
concern interest an undue risk of harm to others.
The Civil Code by The Revised Penal The determination of negligence is a
means of indem- Code punishes or
question of foresight on the part of the
nification merely corrects criminal act
repairs the damage actor FORESEABILITY.
Includes all acts in Punished only if Even if a particular injury was not
which any kind of there is a penal law foreseeable, the risk is still foreseeable
fault or negligence clearly covering them if possibility of injury is foreseeable.
intervenes Forseeability involves the question of
Liability of the PROBABILITY, that is, the existence of
Liability is direct and employer of the some real likelihood of some damage and
primary in quasi- actor-employee is
the likelihood is of such appreciable
delict subsidiary in crimes
weight reasonably to induce, action to
avoid it.
QUASI-DELICT
Whoever by act or omission causes
Calculation of Risk
damage to another, there being fault or Interests are to be balanced only in
negligence is obliged to pay for the
the sense that the purposes of the actor,
damage done. (Article 2176 Civil Code)
the nature of his act and the harm that
may result from action or inaction are
Essential Requisites for a quasi-
elements to be considered.
delictual action:
1. Act or omission constituting fault
Circumstances to consider in
or negligence;
determining negligence: (PEST-GAP)
2. Damage caused by the said act or
1. Time
omission; and
2. Place
3. Causal relation between the
3. Emergency
damage and the act or omission.
Emergency rule
GENERAL RULE: An individual who
Tests of Negligence
1. Did the defendant in doing the suddenly finds himself in a situation
alleged negligent act use the of danger and is required to act
reasonable care and caution which without much time to consider the
an ordinarily prudent person would best means that may be adopted to
have used in the same situation? avoid the impending danger is not
If not then he is guilty of negligence. guilty of negligence if he fails to
undertake what subsequently and
2. Could a prudent man, in the case
upon reflection may appear to be a
under consideration, foresee harm as
better solution.
a result of the course pursued?
EXCEPTION: When the emergency
If so, it was the duty of the actor to take
was brought by the individuals own
precautions to guard against harm. negligence. (Valenzuela vs. CA 253
SCRA 303).
NOTES: 4. Gravity of Harm to be avoided
Negligence is a conduct - the 5. Alternative Course of Action
determination of the existence of If the alternative presented to
negligence is concerned with what the the actor is too costly, the harm
defendant did or did not do that may result may be still be
The state of mind of the actor is considered unforeseeable to a
not important; good faith or use of reasonable man.
sound judgment is immaterial. The 6. Social value or utility of activity
existence of negligence in a given 7. Person exposed to the risk
case is not determined by reference
to the personal judgment but by the GOOD FATHER OF A FAMILY (pater
behavior of the actor in the situation familias):
before him. (Picart vs. Smith)
CIVIL LAW COMMITTEE
Rhodora
John Stephen
Purganan(LTD),
217
- this is the standard of conduct used in Mere weakness of a person will not be an
the Philippines excuse in negligence cases.
- a man of ordinary intelligence and However if defect amounts to a real
prudence or an ordinary reasonable disability the standard of conduct is that
prudent man of a reasonable person under like
a reasonable man deemed to have disability.
knowledge of the facts that a man should
be expected to know based on ordinary 3. Experts and professionals
human experience. (PNR vs IAC, 217 They should exhibit the care and skill of
SCRA 409) one who is ordinarily skilled in the
- a prudent man who is expected to know particular field that he is in.
the basic laws of nature and physics, e.g. When a person holds himself out as being
gravity. competent to do things requiring
professional skill, he will be held liable
SPECIAL RULES for negligence if he fails to exhibit the
1. Children care and skill of one ordinarily skilled in
The action of the child will not the particular work which he attempts to
necessarily be judged according to the do.
standard of an adult. But if the minor is An expert will not be judged based on
mature enough to understand and what a non-expert can foresee.
The rule regarding experts is applicable
appreciate the nature and consequence
not only to professionals who have
of his actions, he will be considered undergone formal education.
negligent if he fails to exercise due care
and precaution in the commission of such 4. Nature of activity
acts. There are activities which by nature
impose duties to exercise a higher
degree of diligence.
NOTES:
Examples:
The law fixes no arbitrary age at
a. Banks, by the very nature of their work,
which a minor can be said to have the are expected to exercise the highest
necessary capacity to understand and degree of diligence in the selection and
appreciate the nature and consequence supervision of their employees.
of his acts. (Taylor vs. Meralco, 16 Phil b. Common carriers are required to
8) exercise extraordinary diligence in the
Applying the provisions of the vigilance over their passengers and
Revised Penal Code, Judge Sangco takes transported goods. (Article 1733 Civil
the view that a child who is 9 or below is Code).
conclusively presumed to be incapable of
negligence. In the other hand, if the 5. Intoxication
child is above 9 years but below 15, GENERAL RULE: Mere intoxication is
there is a disputable presumption of not negligence, nor does the mere fact
absence of negligence. of intoxication establish want of ordinary
Absence of negligence does not care. But it may be one of the
necessarily mean absence of liability. circumstances to be considered to prove
Liability without fault: a child under negligence.
9 years can still be subsidiarily liable EXCEPTION: Under Art. 2185 of the
with his property (Art. 100, RPC) Civil Code, it is presumed that a person
Absence of negligence of the child driving a motor vehicle has been
may not excuse the parents from their negligent if at the time of the mishap,
vicarious liability under Art. 2180 NCC or he was violating any traffic regulation.
Art. 221 FC.
6. Insanity
2. Physical Disability
CIVIL LAW COMMITTEE

Rhodora
John Stephen
Purganan(LTD),
218
The insanity of a person does not excuse statutory duty merely establishes a
him or his guardian from liability based presumption of negligence.
on quasi-delict.
Bases for holding an insane person liable NOTE: Rule as to proof of proximate
for his tort: cause
GENERAL RULE: Plaintiff must show
a. Where one of two innocent persons must
that the violation of the statute is the
suffer a loss, it should be borne by the
proximate or legal cause of the injury
one who occasioned it.
or that it substantially contributed
b. To induce those interested in the estate
thereto. (Sanitary Steam Laundry, Inc.
of the insane person to restrain and
vs. CA 300SCRA20)
control him.
EXCEPTION: In cases where the
c. The fear that an insanity would lead to
damage to the plaintiff is the damage
false claims of insanity and avoid
sought to be prevented by the statute.
liability.
In such cases, proof of violation of
statute and damage to the plaintiff
7. Women
may itself establish proximate cause.
In determining the question of
(Teague vs. Fernandez 51SCRA181).
contributory negligence in performing
such act, the age, sex, and condition of 2. Administrative Rule
the passengers are circumstances Violation of a rule promulgated by
necessarily affecting the safety of the
passenger, and should be considered. administrative agencies is not negligence
(Cangco vs. Manila Railroad Co. GR per se but may be EVIDENCE OF
No.12191, October 14, 1918) NEGLIGENCE.
Although there is no unequivocal
statement of the rule, Valenzuela vs. CA 3. Private Rules of Conduct.
253SCRA303 appears to require a Violation of rules imposed by private
different standard of care for women
under the circumstances indicated individuals (e.g. employers) is merely a
therein. POSSIBLE EVIDENCE OF NEGLIGENCE.
However, Dean Guido Calabresi believes
that there should be a uniform standard B. PRACTICE AND CUSTOM
between a men and a women. Compliance with the practice and
custom in a community will not
Other Factors to Consider in automatically result in a finding that the
Determining Negligence: actor is not guilty of negligence. Non-
A. VIOLATION OF RULES AND STATUTES compliance with the practice or custom
1. Statutes in the community does not necessarily
GENERAL RULE: Violation of a mean that the actor was negligent.
statutory duty is NEGLIGENCE PER SE In Yamada vs. Manila Railroad Co., the
(Cipriano vs. CA, 263SCRA711). When the owner of an automobile struck by a train
Legislature has spoken, the standard of while crossing the tracks sought to
care required is no longer what a establish absence of negligence of its
reasonably prudent man would do under driver by evidence of a custom of
the circumstances but what the automobile drivers of Manila by which
Legislature has commanded. they habitually drove their cars over the
EXCEPTIONS: railroad crossings without slackening
a. When unusual conditions occur and speed. The SC rejected the argument by
strict observance may defeat the ruling that: a practice which is dangerous
purpose of the rule and may even to human life cannot ripen into custom
lead to adverse results. which will protect anyone who follows it.
b. When the statute expressly
provides that violation of a
CIVIL LAW COMMITTEE

Rhodora
John Stephen
Purganan(LTD),
219
EXCEPTION: When such possession or

C. COMPLIANCE WITH STATUTES use is indispensable to his occupation or
Compliance with a statute is not business. (Article 2188 Civil Code)
conclusive that there was no negligence. 5. GENERAL RULE: Presumption of
Example: A defendant can still be held negligence of the common carrier arises
liable for negligence even if he can in case of loss, destruction or
establish that he was driving below the deterioration of the goods, or in case of
speed limit. Compliance with the speed death or injury of passengers.
limit is not conclusive that he was not EXCEPTION: Upon proof of exercise of
negligently driving his car. extraordinary diligence.
Gross Negligence - Negligence where B. Res Ipsa Loquitur

there is want of even slight care and The thing or transaction speaks for
diligence. itself.
It is a rule of evidence peculiar to the
PROOF OF NEGLIGENCE law of negligence which recognizes that
GENERAL RULE: prima facie negligence may be
If the plaintiff alleged in his complaint established in the absence of direct
that he was damaged because of the proof, and furnishes a substitute for
negligent acts of the defendant, the specific proof of negligence.
plaintiff has the burden of proving
such negligence. (Taylor vs. MERALCO
16Phil8)
The quantum of proof required is
preponderance of evidence. (Rule 133 Requisites of Res Ipsa Loquitor:
Revised Rules of Court) 1. The accident was of a kind which
EXCEPTIONS: Exceptional cases when ordinarily does not occur in the
the rules or the law provides for cases absence of someones negligence;
when negligence is presumed. 2. The instrumentality which caused
A. Presumptions of Negligence the injury was under the exclusive
B. Res Ipsa Loquitur control and management of the
person charged with negligence; and
A. Presumptions of Negligence 3. The injury suffered must not have
1. In motor vehicle mishaps, the owner is been due to any voluntary action or
presumed negligent if he was in the contribution on the part of the
vehicle and he could have used due person injured; absence of
diligence to prevent the misfortune. explanation by the defendant.
(Article 2184 Civil Code)
2. It is disputably presumed that a driver In Africa vs. Caltex (Phil.) Inc. Mar 31,
was negligent if he had been found guilty 1966, defendant Caltex was liable for
of reckless driving or violating traffic damage done to the property of its
regulations at least twice for the next neighbors when fire broke out in a Caltex
preceding two months. (Article 2184 service station. The gasoline station,
Civil Code) with all its appliances, equipment and
3. The driver of a motor vehicle is employees, was under the control of the
presumed negligent if at the time of the defendant. The persons who knew how
mishap, he was violating any traffic the fire started were the defendant and
regulation. (Article 2185 Civil Code) its employees, but they gave no
4. GENERAL RULE: Prima facie explanation whatsoever.
presumption of negligence of the The doctrine is not applicable if there is
defendant arises if death or injury direct proof of absence or presence of
results from his possession of dangerous negligence. (S.D. Martinez, et al vs.
weapons or substance. William Van Buskirk)
CIVIL LAW COMMITTEE

Rhodora
John Stephen
Purganan(LTD),
220
AFFIRMATIVE DUTIES AND ownership is damage without injury

MISCELLANEOUS ACTIVITIES: (Damnum absque injuria)
1. Duty to Rescue
A. Duty to the rescuer EXCEPTIONS:
The defendants are liable for the injuries a. Visitors and tolerated possession
to persons who rescue people in distress The owner is still liable if the
because of the acts or omissions of the plaintiff is inside his property by
said defendants. tolerance or by implied permission.
There is liability to the rescuer and the Owners of buildings or premises owe
law does not discriminate between the duty of care to visitors.
rescuer oblivious to the peril and the one b. Doctrine of Attractive Nuisance
who counts the costs. One who maintains on his premises
The risk of rescue, if only not wanton, is dangerous instrumentalities or
born of the occasion. appliances of a character likely to
One who was hurt trying to rescue attract children in play, and who fails
another who was injured through to exercise ordinary care to prevent
negligence may recover damages. children from playing therewith or
(Santiago vs. De leon CA-GR No.16180-R resorting thereto, is liable to a child
March 21, 1960) of tender years who is injured
Danger of personal injury or death. thereby, even if the child is
technically a trespasser in the
premises.
NOTE: A swimming pool or pond or
reservoir of water is NOT considered
attractive nuisance. (Hidalgo
B. Duty to rescue Enterprises vs. Baladan 91 Phil 488)
GENERAL RULE: There is no general c. State of Necessity
duty to rescue; a person is not liable for The owner of a thing has no right to
quasi-delict even if he did not help a prohibit the interference of another
person in distress. with the same if the interference is
EXCEPTIONS: A limited duty to rescue necessary to avert imminent danger
is imposed in certain cases: and the threatened damage,
Abandonment of persons in danger and compared to the damage arising to
abandonment of ones own victim is the owner from the interference, is
considered, under certain circumstances much greater. (Article 432 Civil
as a crime against security (Article 275 Code)
RPC); and It is also a recognized justifying
No driver of a motor vehicle concerned circumstance under the RPC.
in a vehicular accident shall leave the In both the Civil Code and the RPC,
scene of the accident without aiding the the owner may demand from the
person benefited, indemnity for the
victim unless he is excused from doing
damages.
so. (Section 55 RA 4136 [Land
Transportation and traffic Code]) Use of properties that injures another
An owner cannot use his property in such
2. Owners, Proprietors and Possessors a manner as to injure the rights of
of Property others. (Article 431 Civil Code).
GENERAL RULE: The owner has no duty Hence the exercise of the right of the
to take reasonable care towards a owner may give rise to an action based
trespasser for his protection or even to on quasi-delict if the owner negligently
protect him from concealed danger. exercises such right to the prejudice of
NOTE: Damage to any person resulting another.
from the exercise of any rights of
Liability of Proprietors of buildings
CIVIL LAW COMMITTEE

Rhodora
John Stephen
Purganan(LTD),
221
New Civil Code include provisions that

apply to proprietors of a building or 5. Common carriers
structure which involve affirmative duty From the nature of their business and for
of due care in maintaining the same: reasons of public policy, they are bound
Articles 2190 and 2191. to exercise extraordinary diligence in the
Third persons who suffered damages may vigilance over the goods and the safety
proceed only against the engineer or of the passengers.
architect or contractor if the damage The case against the common carrier is
referred to in Articles 2190 and for the enforcement of an obligation
2191should be a result of any defect in arising from breach of contract.
construction. The same act which breached the
Nevertheless, actions for damages can contract may give rise to an action based
still be maintained under Article 2176 for on quasi delict. (Air France vs
damages resulting from proprietors Carrascoso, L21438, Sept. 28, 1996)
failure to exercise due care in the
maintenance of his building and that he 6. Doctors
used his property in such a way that he A. STANDARD OF CARE
injured the property of another. The proper standard is whether, the
physician if a general practitioner, has
3. Employers and Employees exercised the degree of care and skill of
A. Employers the average qualified practitioner, taking
Actions for quasi-delict can still be into account the advances in the
maintained even if employees profession.
compensation is provided for under A physician who holds himself out as a
the Labor Code. specialist should be held to the standard
In quasi-delictual actions against the of care and skill of the average member
employer, the employee may use the of the profession practicing the
provisions of the Labor Code which specialty, taking into account the
imposes upon the employer certain advances in the profession.
duties with respect to the proper
maintenance of the work place or B. THE CAPTAIN OF THE SHIP DOCTRINE
the provisions of adequate facilities The head surgeon is made liable for
to ensure the safety of the everything that goes wrong within the
employees. four corners of the operating room.
Articles 1711 and 1712 of the Civil It enunciates the liability of the surgeon
Code impose liability without fault not only for the wrongful acts of those
on the part of the employers. under his physical control but also those
wherein he has extension of control.
B. Employees C. NOT WARRANTORS
Employees are bound to exercise due Physicians are not warrantors of cures or
care in the performance of their insurers against personal injuries or
death of the patient.
functions for the employers; absence
such due care, the employee may be D. PROOF
held liable. Expert testimony should be offered to
prove that the circumstances are
4. Banks constitutive of conduct falling below the
The business of banks is one affected by standard of care employed by other
public interest. Because of the nature of physicians in good standing when
its functions, a bank is under obligation performing the same operation.
to treat the accounts of its depositors Medical malpractice can also be
with meticulous care, always having in established by relying on the doctrine of
mind the fiduciary nature of their res ipsa loquitor; in which case the need
relationship. (PBC vs. CA [1997]) of expert testimony is dispensed with
CIVIL LAW COMMITTEE
Rhodora
John Stephen
Purganan(LTD),
222
because the injury itself provides the

proof of negligence. (Ramos vs. CA, GR 1. PLAINTIFFS CONDUCT AND
No.124354, December 29, 1999) CONTRIBUTORY NEGLIGENCE
Example: The doctrine was applied in a a. Plaintiffs own negligence as the
case of removal of the wrong part of the proximate cause
body when another part was intended. When the plaintiffs own negligence
was the immediate and proximate
Two pronged evidence: cause of his injury, he cannot
a. Evidence as to the recognized recover damages. (Article 2179
standards of the medical community Civil Code)
in the particular kind of case; and b. Contributory negligence
b. A showing that the physician Conduct on the part of the injured
departed from this standard in his party contributing as a legal cause
treatment. to the harm he has suffered which
Four elements in medical negligence falls below the standard to which
cases: duty, breach, injury and he is required to conform for his
proximate causation own protection. (Valenzuela vs. CA
253SCRA303)
E. LIABILITY OF HOSPITALS AND If the plaintiffs negligence was
CONSULTANTS only contributory, the immediate
There is no employer-employee and proximate cause of the injury
relationship between the hospital and a being the defendants lack of due
physician admitted in the said hospitals care, the plaintiff may recover
medical staff as an active or visiting damages but the courts shall
consultant which would hold the mitigate the damages to be
hospital liable solidarily liable for the awarded (Article 2179 Civil Code).
injury suffered by a patient under Article Doctrine of Comparative
2180 of the Civil Code. (Ramos vs. CA GR Negligence
No 124354, April 11, 2002) The
The contract between the consultant relative degree of negligence of
and the patient is separate and distinct the parties is considered in
the contract between the hospital and determining whether and to what
the patient. The first has for its object degree, either should be
the rendition of medical services by the responsible for his negligence
consultant to the patient, while the (apportionment of damages).
second concerns the provision by the This is
hospital of facilities and services by its the doctrine being applied in our
staff such as nurses and laboratory jurisdiction wherein the
personnel necessary for the proper contributory negligence of the
treatment of the patient. (Ramos vs. CA plaintiff does not completely bar
GR No 124354, April 11, 2002) recovery but merely results in
mitigation of liability; it is a partial
7. Lawyers defense.
An attorney is not bound to exercise The
extraordinary diligence but only a
court is free to determine the
reasonable degree of care and skill,
having reference to the business he extent of the mitigation of the
undertakes to do. defendants liability depending
upon the circumstances.
DEFENSES IN NEGLIGENCE CASES
Kinds of defenses: 2. IMPUTED CONTRIBUTORY
A. Complete completely bars NEGLIGENCE
recovery
B. Partial mitigates liability
CIVIL LAW COMMITTEE

Rhodora
John Stephen
Purganan(LTD),
223
Negligence is imputed if the actor is Volenti non fit injuria: One is not
different from the person who is legally injured if he has consented to the
being made liable. act complained of or was willing that it
The defendant will be subject to should occur.
mitigated liability even if the It is a complete defense.
plaintiff was not himself personally Elements:
negligent but because the negligence a. The plaintiff must know that the risk is
of another is imputed to the present;
plaintiff. b. He must further understand its nature;
It is applicable if the negligence was and that
on the part of the person for whom c. His choice to incur it is free and
the plaintiff is responsible, and voluntary.
especially, by negligence of an KINDS:
associate in the transaction where he a. Express waiver of the right to recover
was injured. There is assumption of risk if the
plaintiff, in advance has expressly
3. FORTUITOUS EVENTS waived his right to recover damages for
Essential requisites: the negligent act of the defendant.
a. The cause of the unforeseen and NOTE: A person cannot contract away his
unexpected occurrence, or of the right to recover damages resulting from
failure of the debtor to comply negligence. Such waiver is contrary to
with his obligation, must be public policy and cannot be allowed.
independent of the human will; However, the waiver contemplated by
b. It must be impossible to foresee this prohibition is the waiver of the right
the event which constitutes the to recover before the negligent act was
caso fortuito, or if it can be committed.
foreseen, it must be impossible to If waiver was made after the cause
avoid; of action accrued, the waiver is valid and
c. The occurrence must be such as to may be construed as a condonation of
render it impossible for the debtor the obligation.
to fulfill his obligation in a normal
manner; and b. Implied Assumptions
d. The obligor must be free from any i. Dangerous Conditions
participation in the aggravation of A person who, knowing that he is
the injury resulting to the creditor. exposed to a dangerous condition
NOTE: When an act of God concurs voluntarily assumes the risk of such
with the negligence of defendant to dangerous condition may not recover
produce an injury, the defendant is from the defendant who maintained
liable if the injury would not have such dangerous conditions.
resulted but for his own negligent Example: A person who main-tained
conduct or omission. The whole his house near a railroad track
occurrence is humanized and removed assumes the usual dangers attendant
from the rules applicable to acts of to the opera-tion of a locomotive.
God. (NAPOCOR vs. CA [1993]) (Rodrigueza vs. Manila Railroad Co.,
GENERAL RULE: It is a complete GR No. 15688, Nov. 19, 1921).
defense and a person is not liable if ii. Contractual Relations
the cause of the damage is a fortuitous There may be implied assumption of
event. risk if the plaintiff entered into a
EXCEPTION: It is merely a partial contractual relation with the
defense and the courts may mitigate defendant. By entering into a
the damages if the loss would have relationship freely and voluntarily
resulted in any event (Art. 2215(4) where the negligence of the
Civil Code). defendant is obvious, the plaintiff
4. ASSUMPTION OF RISK
CIVIL LAW COMMITTEE
Rhodora
John Stephen
Purganan(LTD),
224
may be found to accept and consent period. (Allied Banking Corp vs. CA,
to it. 1989)
EXAMPLES: EXAMPLE: A doctor negligently
a) The employees assume the ordinary transfused blood to a patient that
risks inherent in the industry in was contaminated with HIV. If the
which he is employed. effect became apparent only after
- As to abnormal risks, there five (5) years, the four (4) year
must be cogent and convincing prescriptive period should commence
evidence of consent. only when it was discovered.
b) When a passenger boards a common
carrier, he takes the risks incidental 7. INVOLUNTARINESS
to the mode of travel he has taken. It is a complete defense in quasi-delict
iii. Dangerous Activities
cases and the defendant is therefore not
Persons who voluntarily participate
liable if force was exerted on him.
in dangerous activities assume the (Aquino, Torts and Damages)
risks which are usually present in EXAMPLE: When the defendant was
such activities.
forced to drive his vehicle by armed
EXAMPLE: A professional athlete is
men. He was, at pain of death, forced to
deemed to assume the risks of injury drive at a very fast clip because the
to their trade. armed men were escaping from the
iv. Defendants negligence policemen. The defendant cannot be
When the plaintiff is aware of the held liable, if a bystander is hit as a
risk created by the defendants consequence.
negligence, yet he voluntarily
decided to proceed to encounter it, CAUSATION
there is an implied admission.
EXAMPLE: If the plaintiff has been Proximate Cause
supplied with a product which he That cause which in natural and
knows to be unsafe, he is deemed to continuous sequence, unbroken by any
have assumed the risk of using such efficient intervening cause, produces the
unsafe product. injury, without which the result would
not have occurred.
5. DEATH OF THE DEFENDANT
Death of the defendant does not Remote Cause
extinguish the obligation based on quasi- That cause which some independent
delict. force merely took advantage of to
An action survives even if the defendant accomplish something not the natural
dies during the pendency of the case if effect thereof.
the case is an action to recover for an
injury to persons or property by reason Nearest Cause
of tort committed by the deceased. It is That cause which is the last link in the
no defense at all. chain of events; the nearest in point of
time or relation.
Proximate cause is not necessarily the
6. PRESCRIPTION nearest cause but that which is the
An action based on quasi-delict procuring efficient and predominant
prescribes in four years from the date of cause.
the accident. (Article 1146 Civil Code) Concurrent Causes
The actor is liable even if the active and
Relations Back Doctrine substantially simultaneous operation of
An act done at one time is the effects of a third persons innocent,
considered by fiction of law to have tortious or criminal act is also a
been done at some antecedent substantial factor in bringing about the
harm so long as the actors negligent
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conduct actively and continuously had there been no negligence on the

operate to bring about harm to another. part of the defendant. Conversely,
(Africa vs. Caltex) defendants negligent conduct is not the
Where several causes producing the cause in fact of the plaintiffs damage if
injury are concurrent and each is an the accident could not have been
efficient cause without which the injury avoided in the absence thereof.
would not have happened, the injury
may be attributed to all or any of the 2. Substantial Factor test
causes and recovery may be had against The conduct is the cause-in-fact of the
any or all of the responsible persons. damage if it was a substantial factor in
Where the concurrent or successive producing the injuries.
negligent acts or omissions of two or In order to be a substantial factor in
more persons, although acting producing the harm, the causes set in
independently, are in combination the motion by the defendant must continue
direct and proximate cause of a single until the moment of the damage or at
injury to a third person, and it is least down the setting in motion of the
impossible to determine what proportion final active injurious force which
each contributed to the injury, either of immediately produced or preceded the
them is responsible for the whole injury, damage.
even though his act alone might not have NOTE: If the defendants conduct was
caused the entire injury; they become already determined to be the cause in
joint tort-feasors and are solidarily liable fact of the plaintiffs damage under the
for the resulting damage under Article but for test, it is necessarily the cause in
2194 of the Civil Code. fact of the damage under the substantial
factor test.
NOTE: Primary cause remains the
proximate cause even if there is an 3. NESS Test
intervening cause which merely The candidate condition may still be
cooperated with the primary cause and termed as a cause where it is shown to
which did not break the chain of be a necessary element in just one of
causation. several co-present causal set each
independently sufficient for the effect.
Tests of Proximate Cause
Two-part test Two ways by which co-presence may
1. Cause-in-fact Test manifest itself:
2. Policy Test a. Duplicative causation
NOTE: In determining the proximate When two or more sets operate
cause of the injury, it is first necessary simultaneously to produce the
to determine if the defendants effect; the effect is over-
negligence was the cause-in-fact of the determined.
b. Pre-emptive causation
damage to the plaintiff. (Cause-in-fact
When, though coming about first in
test) time, one causal set trumps another
If the defendants negligence was potential set lurking in the
not the cause-in-fact, the inquiry background; the causal potency of
the latter is frustrated.
stops.
If it is, the inquiry shifts to the Multiple causation
question of limit of the defendants If there are a number of candidate
liability. (Policy test) conditions, which, taken one at a time,
CAUSE-IN-FACT TESTS: would not in fact have been sufficient to
1. But-For Test cause the accident and the accident was
The defendants conduct is the cause-in- a cumulative effect of all the candidate
conditions.
fact if damage would not have resulted
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Cause and Conditions

Policy Tests: It is no longer practicable to
1. Foreseeability Test distinguish between cause and
2. Natural and Probable Consequence condition.
Test The defendant may be liable even if
3. Natural and Ordinary or Direct only created conditions, if the conditions
Consequence Test resulted in harm to either person or
4. Hindsight Test property.
5. Orbit of Risk Test EXAMPLES of Dangerous Conditions:
6. Substantial Factor Test 1. Those that are inherently dangerous
2. Those where a person places a thing
Policy Tests may be divided into Two which is not dangerous in itself in a
Groups: dangerous position.
1. FORESIGHT PERSPECTIVE/ 3. Those involving products and other
FORESEEABILITY TESTS things which are dangerous because they
The defendant is not liable for the are defective.
unforeseeable consequences of his acts
Liability is limited within the risk created Efficient Intervening Cause
by defendants negligent acts. One which destroys the causal
connection between the negligent act
2. DIRECT PERSEPECTIVE/ DIRECT and the injury and thereby negatives
COSEQUENCES TESTS liability.
The defendant is liable for damages There is NO efficient intervening cause if
which are beyond the risk. the force created by the negligent act or
Direct consequences are those which omission have either:
follow in sequence from the effect of 1. Remained active itself, or
defendants act upon conditions existing 2. Created another force which
and forces already in operation at the remained active until it directly
time without intervention of any caused the result, or
external forces, which come into active 3. Created a new active risk of being
operation later. acted upon by the active force that
caused the result.
Tests applied in the Philippines: EXAMPLE: The medical findings, show
New Civil Code has a chapter on that the infection of the wound by
Damages which specifies the kind of tetanus was an efficient intervening
damage for which the defendant may be cause later or between the time Javier
held liable and the extent of damage to was wounded to the time of his death.
be awarded to the plaintiff. (People vs. Rellin 77 Phil 1038)
Cause-in-fact Tests:
NOTES:
1. But-for test
A cause is not an intervening cause if it
2. Substantial Factor test
3. NESS test was already in operation at the time the
Policy test: The directness approach is negligent act is committed.
Foreseeable intervening causes cannot
being applied in this jurisdiction.
be considered sufficient intervening
NOTE: The definition of proximate cause causes.
which includes the element of foresight The intervention of unforeseen and
is not consistent with the express unexpected cause is not sufficient to
provision of the Article 2202 of the New relieve the wrongdoer from
Civil Code; a person may be held liable consequences of negligence if such
whether the damage to the plaintiff may negligence directly and proximately
be unforeseen. cooperates with the independent cause
in the resulting injury.
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CONTRIBUTORY NEGLIGENCE Doctrine of Last Clear Chance or

A. Plaintiffs negligence is the cause Discovered Peril
Plaintiffs negligence is not contributory The negligence of the plaintiff does not
if it is necessary and sufficient to preclude a recovery for the negligence of
produce the result. the defendant where it appears that the
EXAMPLES: defendant, by exercising reasonable care
1. Only the plaintiff was negligent. and prudence, might have avoided
2. Defendants negligence is not a part of injurious consequences to the plaintiff
the causal set which is a part of the notwithstanding the plaintiffs
causal chain. negligence.
3. Plaintiffs negligence was pre-emptive in
nature. Alternative Views:
1. Prevailing view
B. Compound Causes Doctrine is applicable in this jurisdiction.
Plaintiffs negligence may have Even if plaintiff was guilty of antecedent
duplicative effect, that it, it is sufficient negligence, the defendant is still liable
to bring about the effect but his because he had the last clear chance of
negligence occurs simultaneously with avoiding the injury.
the defendant; the latters negligence is
equally sufficient but not necessary to 2. Minority View
bring about the effect because damage The historical function of the doctrine
would still have resulted due to the was to mitigate the harshness of the
negligence of the plaintiff. common law rule of contributory
Plaintiffs negligence is not merely negligence which prevented any recovery
contributory because it is a concurring at all by the plaintiff who was also
proximate cause. negligent even if his negligence was
No recovery can be had. (Aquino, Torts relatively minor as compared with the
and Damages) wrongful act or omission of the
defendant.
C. Part of the same causal set The doctrine has no role in this
Neither plaintiffs negligence nor jurisdiction where common law concept
defendants negligence alone is of contributory negligence has itself
sufficient to cause the injury; the effect been rejected in Article 2179 of the Civil
would result only if both are present Code.
together with normal background
conditions. 3. Third View
Negligence of the plaintiff cooperated There can be no conflict between the
with the negligence of the defendant in doctrine of last clear chance and
order to bring about the injury; doctrine of comparative negligence if
determination of proximate cause is only the former is viewed as a rule or phrase
a matter of degree of participation. of proximate cause;
However, the doctrine of last clear
D. Defendants Negligence is the Only chance is no longer applicable if the
cause force created by the plaintiffs
Defendants negligence was sufficient negligence continues until the happening
AND necessary to bring about the injury. of the injurious event.
However, if plaintiffs negligence
increased or aggravated the resulting Cases when the doctrine was held
damage or injury liability of the inapplicable (PICCA)
defendant should also be mitigated 1. If the plaintiff was not negligent.
under contributory negligence rule or 2. The party charged is required to act
under the doctrine of avoidable instantaneously, and if the injury cannot
consequences. be avoided by the application of all the
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means at hand after the peril is or should 3. Acts contra bonus mores (Article 21
have been discovered. Civil Code)
3. If defendants negligence is a concurrent Elements:
cause and which was still in operation up a. Act which is legal;
to the time the injury was inflicted. b. The act is contrary to morals, good
4. Where the plaintiff, a passenger, filed an customs, public order or public policy;
action against a carrier based on and
contract. c. The act is done with intent to injure.
5. If the actor, though negligent, was not NOTE: Damages are recoverable even if
aware of the danger or risk brought no positive law was violated.
about by the prior fraud or negligent act. Kinds:
a. Breach of promise to marry
B. INTENTIONAL TORTS GENERAL RULE: Breach of promise to
Include conduct where the actor desires marry by itself is not actionable.
to cause the consequences of his act or EXCEPTION: In cases where there is
believes that the consequences are another act independent of the breach
substantially certain to result from it. of promise to marry which gives rise to
liability:
They are found in Chapter 2 of the 1. Cases where there was financial damage.
Preliminary Title of the NCC entitled 2. Social humiliation caused to one of the
Human Relations. Although this parties.
chapter covers negligent acts, the torts 3. Where there was moral seduction.
mentioned herein are mostly intentional NOTES:
in nature or torts involving malice or bad Moral seduction, although not
faith. punishable, connotes the idea of deceit,
enticement, superior power or abuse of
HUMAN RELATIONS confidence on the part of the seducer to
1. Principle of Abuse of Rights which the woman has yielded. (Gashem
(ART.19) Shokat Baksh vs. CA)
Elements:
a. Legal right or duty; Sexual intercourse is not by itself a
b. The right or duty is exercised in bad basis for recovery; damages could only
faith; and be awarded if the sexual intercourse is
c. For the sole intent of prejudicing or not a product of voluntariness or mutual
injuring another. desire.
EXAMPLE: If the principal unreasonably
terminated an agency agreement for b. Seduction without breach of
selfish reasons. (Valenzuela vs. CA, 190 promise to marry
Seduction, by itself, is also an act
SCRA 1)
contrary to morals, good customs and
NOTE: This rule is a departure from the public policy.
traditional view that a person is not The defendant is liable if he employed
liable for damages resulting from the deceit, enticement, superior power or
exercise of ones right. abuse of confidence in successfully
having sexual intercourse with another
2. Article 20 of the Civil Code even if he satisfied his lust without
Speaks of the general sanction for all promising to marry the offended party.
It may not even matter that the plaintiff
other provisions of law which do not
especially provide for their own and the defendant are of the same
sanction. gender.
NOTE: Article 20 does not distinguish;
the act may be done willfully or
negligently. c. Sexual assault
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Defendant is liable for all forms of sexual 3) Disconnection of electricity

assault including crimes defined under or gas service
the RPC as rape, acts of lasciviousness The right to disconnect and deprive
and seduction. the customer, who unreasonably fails
to pay his bills, of electricity should
d. Desertion by a spouse be exercised in accordance with the
A spouse has a legal obligation to live law and rules.
with his/her spouse. Example: If a company disconnects
If a spouse does not perform his/her duty the electricity service without prior
to the other, he may be liable for notice as required by the rules, the
damages for such omission because the company commits a tort under
same is contrary to law, morals, good Article 21 NCC.
customs and public policy.
f. Abortion and Wrongful Death
e. Trespass and Deprivation of Damages may be recovered by both
Property spouses if:
2 KINDS: 1) the abortion was caused
1) Trespass to and/or through the physicians negligence, or
deprivation of real property 2) was done intentionally
Liability for damages under without their consent
the RPC and Article 451 of the Civil Husband of a woman who voluntarily
Code requires intent or bad faith. procured her abortion may recover
Article 448 of the Civil Code damages from the physician who caused
in relation to Article 456 does not the same on account of distress and
permit action for damages where the mental anguish attendant to the loss of
builder, planter, or sower acted in the unborn child and the disappointment
good faith. The landowner is limited of his parental expectation. (Geluz vs.
to the options given to him under CA 2SCRA802)
article 448, that is to appropriate
whatever is built or planted or to g. Illegal Dismissal
compel the builder or planter to The right of the employer to dismiss an
purchase the portion encroached employee should not be confused with
upon. (Aquino, Torts and Damages) the manner in which the right is
A builder in good faith who exercised and the effects flowing
acted negligently may be held liable therefrom;
under Art. 2176 NCC. If the dismissal was done anti-socially
2) Trespass to or deprivation of and oppressively, the employer should be
personal property deemed to have violated Article 1701 of
In the field of tort, trespass the Civil Code (which prohibits acts of
extends to all cases where a person oppression by either capital or labor
is deprived of his personal property against the other) and Article 21 NCC.
even in the absence of criminal An employer may be held liable for
liability. damages if the manner of dismissing is
NOTE: It may cover cases where the contrary to morals good customs and
defendant was deprived of personal public policy.
property for the purpose of obtaining EXAMPLE: False imputation of misdeed
possession of real property to justify dismissal or any similar manner
EXAMPLE: The defendant who of dismissal which is done abusively.
was landlord, was held liable
because he deprived the plaintiffs, h. Malicious Prosecution
his tenants, of water in order to An action for damages brought by one
force them to vacate the lot they against another whom a criminal
were cultivating. (Magbanua vs. IAC prosecution, civil suit, or other legal
137 SCRA 352) proceeding has been instituted
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maliciously and without probable cause, suffered by the plaintiff. An action

after the termination of such based on Articles 19-21 will be dismissed
prosecution, suit or proceeding in favor if the plaintiff merely seeks
of the defendant therein. recognition.
The gist of the action is putting legal Under Articles 19 and 21, the defendant
process in force regularly, for mere may likewise be guilty of a tort even if
purpose of vexation or injury. (Drilon vs. he acted in good faith. (Grand Union
CA [1997]) Supermarket vs. Espino)
Elements: TORTS AGAINST HUMAN DIGNITY

1. The fact of the prosecution and TYPES:
the further fact that the defendant was 1. Violation of the right of privacy
himself the prosecutor; and that the Reasonableness of a persons
action was finally terminated with an expectation of privacy depends on a
acquittal; two-part test:
2. That in bringing the action, the a) Whether by his conduct, the
prosecutor acted without probable individual has exhibited an
cause; expectation of privacy.
3. The prosecutor was actuated or b) Whether this expectation is one that
impelled by legal malice. the society recognizes as reasonable.
NOTES: NOTES:
Malice is the inexcusable intent to GENERAL RULE: Right to privacy can be
injure, oppress, vex, annoy or humiliate. invoked only by natural persons;
Presence of probable cause signifies Juridical persons cannot invoke such
absence of malice. right because the entire basis of right to
Absence of malice signifies good faith on privacy is an injury to the feelings and
the part of the defendant; good faith sensibilities of a party, a corporation
may even be based on mistake of law. would have no such ground.
Acquittal presupposes that a criminal EXCEPTION: Right against unreasonable
information is filed in court and final searches and seizure can be invoked by a
judgment rendered dismissing the case; juridical entity.
nevertheless, prior acquittal may include
dismissal by the prosecutor after GENERAL RULE: Right to privacy is
preliminary investigation. (Globe Mackay purely personal in nature, hence:
and Radio Corp. vs. CA; Manila Gas Corp 1) It can be invoked only by the person
vs. CA) whose privacy is claimed to have been
violated.
i. Public Humiliation 2) It can be subject to waiver of the person
Damages may be awarded in cases where whose privacy is sought to be intruded
the plaintiff suffered humiliation through into.
the positive acts of the defendant 3) The right ceases upon the death of the
directed against the plaintiff. person.
Example: The defendant was held liable EXCEPTION: A privilege may be given to
for damages under Art. 21 for slapping the surviving relatives of a deceased
the plaintiff in public. (Patricio vs. Hon. person to protect his memory but the
Oscar Leviste, [1989]) privilege exist for the benefit of the
living, to protect their feelings and to
NOTES: prevent the violation of their own rights
Under Article 21, damages are in the character and memory of the
deceased.
recoverable even though no positive law
Standard to be
was violated.
An action can only prosper when applied in determining if there was a
violation of the right is that of a person
damage, material or otherwise, was
with ordinary sensibilities. It is relative
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to the customs of time and place and is Requisites:

determined by the norm of an ordinary 1. Publicity is given to any private or
person. purely personal information about a
person;
Four Types of Invasion of Privacy 2. Without the latters consent; and
a. Intrusio 3. Regardless of whether or not such
n upon plaintiffs seclusion or solitude publicity constitutes a criminal
or into his private affairs offense, like libel or defamation, the
It is not limited to cases where the circumstance that the publication
defendant physically trespassed into was made with intent of gain or for
anothers property. It includes cases commercial and business purposes
when the defendant invades ones invariably serves to aggravate the
privacy by looking from outside violation of the right.
(Example: peeping-tom).
GENERAL RULE: There is no invasion of PUBLIC FIGURE - A
right to privacy when a journalist records person, who by his accomplishments,
photographs or writes about something fame or mode of living or by adopting a
that occurs in public places. profession or calling which gives the
EXCEPTION: When the acts of the public a legitimate interest in his doings,
journalist should be to such extent that his affairs and his character.
it constitutes harassment or overzealous
shadowing. NOTE: Public figures, most especially
The freedom of the press has never those holding responsible positions in
been construed to accord newsmen government enjoy a more limited right
immunity from tort or crimes committed to privacy compared to ordinary
during the course of the newsgathering. individuals.
There is no intrusion when an employer The interest sought to be
investigates an employee or when the protected is the right to be free from
school investigates its student. unwarranted publicity, from the
RA 4200 makes it illegal for any person wrongful publicizing of the private
not authorized by all the parties to any affairs and activities of an individual
private communication to secretly record which are outside the realm of
such communication by means of a tape legitimate public concern.
recorder (Ramirez vs CA, Sept. 28, 1995) The publication of facts
Use of a telephone extension for derived from the records of official
purposes of overhearing a private proceedings which are not otherwise
conversation without authorization does declared by law as confidential,
not violate RA 4200. cannot be considered a tortious
NOTE: There are instances where the conduct.
school might be called upon to exercise
its power over its student for acts c. Publicit
committed outside the school premises y which places a person in a false
and beyond school hours in the light in the public eye
following: The interest to be protected in this
1. In cases of violation of school tort is the interest of the individual
policies or regulations occurring in in not being made to appear before
connection with school sponsored the public in an objectionable false
activity off-campus; or light or false position.
2. In cases where the misconduct of EXAMPLE: Defendant was held liable
the student involves his status as a for damages when he published an
student or affects the good name unauthorized biography of a famous
and reputation of the school. baseball player exaggerating his
feats on the baseball field,
b. Publicat portraying him as a war hero. (Spahn
ion of Embarrassing Private Facts vs. Messner)
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If the publicity given to the plaintiff It extends to all cases of wrongful

is defamatory, hence an action for interference in the family affairs of
libel is also warranted; the action for others whereby one spouse is
invasion of privacy will afford an induced to leave the other spouse or
alternative remedy. conduct himself or herself that the
May be committed by the media by comfort of married life is destroyed.
distorting a news report. If the interference is by the parents
of the spouse, malice must be
Tort of Putting Defamation proven.
Another in False
Light 3. Intriguing to Cause Alienation
1. As to gravamen of claim
The gravamen of The gravamen of 4. Vexation and Humiliation
claim is not the claim is the reputa- Discrimination against a person on
reputational harm tional harm account of his physical defect, which
but rather the
causes emotional distress, may result
embarrassment of a
person being made in liability on the part of the
into some-thing he is offending party.
not Sexual Harassment falls under this
2. As to publication category.
The statement should Publication is - a civil action separate and distinct from
be actually made in satisfied if a letter is the criminal action may be
public sent to a third person commenced under RA 7877.
3. As to the defamatory character of the - 2 types of Sexual harassment:
statements a) quid pro quo cases
Defendant may still What is published
b) hostile environment cases
be held liable even if lowers the esteem in
the statements tells which the plaintiff is
something good held TORTS WITH INDEPENDENT CIVIL
about the plaintiff ACTIONS
1. Violation of civil and political rights
d. Commer (Article 32)
cial appropriation of likeness Although the same normally involves
The unwarranted publication of a intentional acts, it can also be
persons name or the unauthorized committed through negligence.
use of his photograph or likeness for Public officer who is a defendant
commercial purposes is an invasion cannot escape liability under the
of privacy. doctrine of state immunity; the said
With respect to celebrities, however, doctrine applies only if acts involved
the right of publicity is often treated are done by officers in the
as a separate right that overlaps but performance of their official duty
is distinct from the right of privacy. within the ambit of their powers;
They treat their names and likeness officers do not act within the ambit
as property and they want to control of their powers if they violate the
and profit therefrom. constitutional rights of persons.
2. Interference with Family and 2. Defamation, Fraud, and Physical

other relations injuries (Article 33)
The gist of the tort is an interference A. Defamation
with one spouses mental attitude Defamation is an invasion of the
toward the other and the conjugal interest in reputation and good
kindness of marital relations name, by communication to others
resulting in some actual conduct which tends to diminish the esteem
which materially affects it.
in which the plaintiff is held, or to
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excite adverse feelings or opinion It is not sufficient that the offended

against him. party recognized himself as the
Includes the crime of libel and person attacked or defamed, it must
slander. be shown that at least a third person
RPC considers the statement could identify him as the object of
the libelous publication.
defamatory if it is an imputation of
In order to escape liability, the
circumstance tending to cause the
dishonor, discredit or contempt of defendant may claim that the
natural or juridical person or to statements made are privileged.
blacken the memory of one who is
dead. Two kinds of privileged
Requisites for one to be liable for communication:
1) Absolutely privilege Those
defamatory imputations:
which are not actionable even if
a. It must be defamatory
the author acted in bad faith.
b. It must be malicious
2) Qualifiedly privilege not
c. It must be given publicity
actionable unless found to have
d. The victim must be identifiable
been made without good
intention or justifiable motive.
NOTES:
Test in determining the defamatory B. Fraud
character of the imputation: A charge Elements of deceit
is sufficient if the words are calculated 1) The defendant must have made
to induce the hearers to suppose and false representation to the
understand that the person/s against plaintiff
whom they were uttered were guilty of 2) The representation must be one
a certain offense, or are sufficient to of fact
impeach their honesty, virtue, or 3) The defendant must know that
reputation, or to hold the person/s up the representation is false or be
to public ridicule. reckless about whether it is false
Dissemination to a number of persons 4) The defendant must have acted
is not required, communication to a on the false representation
single individual is sufficient publication. 5) The defendant must have
GENERAL RULE: Every defamatory intended that the false
imputation is presumed to be representation should be acted
malicious, even if it be true, if no on
good intention or justifiable motive 6) The plaintiff must have suffered
for making it is shown. damage as a result of acting on
EXCEPTIONS: the false representation
1. A private communication made Half-truths are likewise included; it
by any person to another in the is actionable if the withholding of
performance of any legal, moral or social that which is not stated makes that
duty; and which is stated absolutely false.
2. A fair and true report, made in Misrepresentation upon a mere
good faith, without any comments or matter of opinion is not an
remarks, of any judicial, legislative or actionable deceit.
other official proceedings which are not
of confidential nature, or of any C. Physical injuries
statement, report, or speech delivered Battery an intentional infliction of
in said proceedings or of any other act
a harmful or offensive bodily
performed by public officers in the
contact; bodily contact is offensive if
exercise of their functions.
it offends a reasonable persons
sense of dignity.
Assault intentional conduct by one
person directed at another which
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places the latter in apprehension of 3. Mitigating and Aggravating

immediate bodily harm or offensive Circumstances
act. Damages to be adjudicated may
Includes bodily injuries causing either be decreased or increased
death. depending on the presence of
Physical injuries which resulted mitigating or aggravating
because of negligence or imprudence circumstances.
is not included in Article 33; they are
already covered by Article 2176 of Effect of Death
the Civil Code. A. DEATH AFTER FINAL JUDGMENT:
extinguishes criminal liability of the
3. Neglect of duty by police officers person liable but will not extinguish
(Article 34) the civil liability.
Subsidiary liability of cities and
municipalities, is imposed so that B. DEATH BEFORE FINAL JUDGMENT:
they will exercise great care in GENERAL RULE: The defendant is
selecting conscientious and duly relieved from both criminal and civil
qualified policemen and exercise liability arising from criminal
supervision over them in the liability.
performance of their duties. EXCEPTION: In case of libel and
physical injuries wherein the
CIVIL LIABILITY ARISING FROM DELICT plaintiff initially opted to claim
Every person criminally liable for a
damages in the criminal proceeding
felony is also civilly liable. (Article
100 RPC) can file another case under Article
The reason is because a crime has a 33 of the Civil Code.
dual character: as an offense against
the State and against the private Effect of Pardon
person injured by it. Pardon does not erase civil liability.
Dual character of crimes applies to
While pardon removes the existence of
cases governed by special laws.
Example: violation of the BP 22 guilt so that in the eyes of the law the
results in criminal and civil liability. offender is deemed innocent and treated
There is civil liability even if the as though he never committed the
offense is a public offense, like in offence, it does not operate to remove
bigamy.
all the effects of the previous conviction.
Persons liable are the principal,
accomplice and accessories.
It includes restitution, reparation of DEFENDANTS IN TORT CASES
damages and indemnification of
Concurrent Negligence or Acts
consequential damages.
1. Joint Tort-feasors
The rule on proximate cause in
All the persons who command, instigate,
quasi-delict cases is applicable to
promote, encourage, advice,
cases involving civil liability arising
countenance, cooperate in, aid, or abet
from delict. Art. 2202, NCC
the commission of a tort, or who approve
of it after it is done, if done for their
Circumstances affecting Civil Liability
benefit; they are each liable as a
1. Justifying circumstances
principal, to the same extent and in the
Defendant is free from civil liability
same manner as if they have performed
if justifying circumstances are
the wrongful act themselves.
properly establishes.
The responsibility of two or more persons
2. Exempting Circumstances
liable for quasi-delict is solidary (Article
They do not erase the civil liability.
2194 Civil Code); they are not liable pro
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rata, they are jointly and severally liable

for the whole amount. Persons Vicariously Liable: (Article
2180 of the Civil Code)
2. Motor vehicle mishaps 1. The Father, or in case of death or
The owner is solidarily liable with the incapacity, mother
driver, if the former, who was in the For damage caused by:
vehicle, could have, by the use of due a) minor children
diligence, prevented the misfortune. b) living in their company
(Article 2184 Civil Code) This has already been modified by Art.
Solidary liability is imposed on the owner 221 of the Family Code to the extent
not because of his imputed liability but that the alternative qualification of the
because his own omission is a concurring liability of the father and the mother has
proximate cause of the injury. been removed.
Vicarious Liability or Doctrine of NOTES:

Imputed Negligence The basis of liability for the acts
A person is not only liable for torts or omissions of their minor
committed by himself, but also for torts children is the parental authority
committed by others with whom he has a that they exercise over them,
certain relation or for whom he is except for children 18 to 21.
responsible. (Article 2180 Civil Code) The same foreseability test of
Exercise of diligence of a good father of negligence should apply to
a family to prevent damage is a defense. parents when they are sought to
be held liable under Art. 2180,
Doctrine of Respondeat Superior the NCC
liability is strictly imputed, the employer The liability is not limited to
is liable not because of his act or parents, the same is also
omission but because of the act or imposed on those exercising
omission of the employee; employer substitute and special parental
cannot escape liability by claiming that authority, i.e., guardian.
he exercised due diligence in the The liability is present only both
selection or supervision of the employee. under Art 2180 of the NCC and
GENERAL RULE: Vicarious liability in Art 221 of the Family Code if the
the Philippines is not governed by the child is living in his parents
doctrine of respondeat superior; company.
employers or parents are made liable not Parental authority is not the sole
only because of the negligent or basis of liability. A teacher in
wrongful act of the person for whom charge is still liable for the acts
they are responsible but also because of of their students even if the
their own negligence: minor student reaches the age of
1) Liability is imposed on the majority.
employer because he failed to The parents or guardians can still
exercise due diligence in the be held liable even if the minor
selection or supervision of the is already emancipated provided
employee that he is below 21 years of age.
2) Parents are made liable because Parents and other persons
they failed to exercise due exercising parental authority can
diligence escape liability by proving that
EXCEPTION: Doctrine of respondeat they observed all the diligence
superior is applicable in: of a good father of a family to
1) liability of employers under prevent damages. (Art. 2180)
Article 103 of the RPC The burden of proof rests on the
2) liability of a partnership for the parents and persons exercising
tort committed by a partner parental authority.
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b) not when the damage has been

2. Guardians caused by the official to whom the
For damage caused by task done properly pertains
a. minors or incapacitated persons Public officers who are guilty of tortuous
b. under their authority conduct are personally liable for their
c. living in their company actions.
3. Owners and managers of

establishments
For damage caused by:
a) their employees 6. Schools, Teachers and
b) in the service of the branches in Administrators
which they are employed, or For damage caused by:
c) on the occasion of their a) pupils and students or
functions apprentices
b) in their custody
4. Employers statutory basis:
For damages cause by: if student is minor Art. 219, FC
a) employees and household if student is no longer a minor
helpers Art. 2180, Civil Code
b) acting within the scope of their
assigned tasks NOTES:
c) even if the employer is not Applies also to teachers of
engaged in any business or academic institutions.
industry Liability attaches to the teacher-
in-charge.
NOTES: The school itself is now solidarily
Liability of the employer can be liable with the teacher-in-
established by proving the existence of charge.
an employer-employee relationship with The liability extends to acts
the actor and the latter caused the committed even outside the
injury while performing his assigned task school so long as it is an official
or functions. activity of the school.
The vicarious liability attaches only Whenever the school or teacher
when the tortuous conduct of the is being made liable, the parents
employees relates to or is in the course and those exercising substitute
of his employment. parental authority are not free
While the employer incurs no from liability because Art. 219 of
liability when an employees conduct, the Family Code expressly
act or omission is beyond the range of provides that they are
employment, a minor deviation from the subsidiarily liable.
assigned task of an employee, however Art. 2180 makes teachers and
does not affect the liability of an heads liable for acts of students
employer. (Valenzuela vs. CA, 253 SCRA and apprentices whether the
303) latter are minors or not.
It is a defense that the employer
exercised proper diligence in the GENERAL RULE: The teacher-in-charge
selection and supervision of negligent is liable for the acts of his students. The
employee. school and administrators are not liable.
EXCEPTION: It is only the head of the
5. State school, not the teacher who is held liable
For damage caused by: where the injury is caused in a school of
a) a special agent arts and trade.
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The liability of the teacher

subsists whether the school is 3. Spouses
academic or non- academic. absolute community of property
Liability is imposed only if the The absolute community property shall
pupil is already in the custody of be for liabilities incurred by either
the teacher or head. The student spouses by reason of crime or quasi-
is in the custody of the school delict in case of absence or insufficiency
authorities as longs as he is of the exclusive property of the debtor-
under the control and influence spouse. (Article 94 Family Code)
of the school and within its Payments shall be considered advances
premises whether the semester to be deducted from the share of the
had not yet begun or has already debtor spouse upon liquidation of the
ended. community.
The conjugal partnership of gains
victim of negligence is likewise
required to exercise due care in GENERAL RULE: Pecuniary indemni-ties
avoiding injury to himself. imposed upon the husband or wife are
not chargeable against the conjugal
Other Persons Vicariously Liable: partnership but against the separate
1. Innkeepers and Hotelkeepers properties of the wrongdoer.
They are civilly liable for crimes EXCEPTION: Conjugal partnership
committed in their establishments in should be made liable:
cases of violations of statutes by them, 1) When the profits have inured to the
in default of persons criminally liable. benefit of the partnership, or
(Article 102 Revised Penal Code) 2) If one of the spouses committed the tort
They are subsidiarily liable for the while performing a business or if the act
restitution of goods taken by robbery or was supposed to benefit the partnership.
theft within their houses from guests regime of separation of property
lodging therein, or for payment of the Each spouse is responsible for his/her
value thereof, provided that: separate obligation.
a. The innkeeper was notified in advance of
the deposit of such goods within the inn; C. STRICT LIABILITY
and When the person is made liable
b. The guest shall have followed the independent of fault or negligence upon
directions which such innkeeper or his submission of proof of certain facts
representative may have given with specified by law.
respect to the care and vigilance over NOTE: Strict liability tort can be
the goods. committed even if reasonable care was
exercised and regardless of the state of
2. Partnership mind of the actor at that time.
Partnership or every partner is liable for
torts committed by one of the partners TYPES:
acting within the scope of the firm 1. Animals
business, though they do not participate GENERAL RULE: The possessor of an
in, ratify, or have knowledge of such animal or whoever may make use of the
torts. same is responsible for the damages
Partners are liable as joint tort-feasors. which it may cause although it may
Vicarious liability is similar to the escape or be lost.
common law rule on respondeat EXCEPTION: When the damage was
superior. caused by force majeure or by the
Liability is entirely imputed and the person who suffered the damage.
partnership cannot obviously invoke (Article 2183 Civil Code)
diligence in the selection and supervision
of the partner. NOTES:
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John Stephen
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If the acts of a third person cannot be c. Shocks, defies or disregards decency or

foreseen or prevented, then the morality;
situation is similar to that of force d. Obstructs or interferes with the free
majeure and the possessor is not liable. passage of any public highway or street,
(Francisco, Torts and Damages) or any body of water; or
Art. 2183 is applicable whether the e. Hinders or impairs the user of property.
animal is domestic, domesticated, or (Article 694 Civil Code)
wild.
There is strict liability on the part of the
2. Falling objects owner or possessor of the property
The head of a family that lives in a where a nuisance is found because he is
building or a part thereof is responsible obliged to abate the same irrespective of
for damages caused by things thrown or the presence or absence of fault or
falling from the same. (Article 2193 Civil negligence.
Code)
The term head of the family is not Every successive owner or possessor of
limited to the owner of the building, and property who fails or refuses to abate a
it may even include the lessee thereof. nuisance in that property started by a
(Dingcong vs. Kanaan, 72 Phil 14) former owner or possessor is liable
therefore in the same manner as the one
3. Liability of employers who created it. (Article 686 Civil Code)
Article 1711 of the NCC imposes an
obligation on owners of enterprises and 5. Product liability by manufacturers
other employers to pay for the death or Manufacturers and processors of
injuries to their employees. foodstuffs, drinks, toilet articles and
Liability is strict because it exists even if similar goods shall be liable for death or
the cause is purely accidental. injuries caused by any noxious or harmful
If the mishap was due to the employees substances used, although no contractual
own notorious negligence, or voluntary relation exists. (Article 2187 Civil Code)
act or drunkenness, the employer shall
not be liable for compensation. Other cases of liability without fault:
When the employees lack of due care 1. Proprietor of a building or structure,
contributed to his death or injury, the for damages resulting from its total or
compensation shall be equitably partial collapse, if it should be due to
reduced. lack of necessary repairs. .
If the death or injury is due to the 2. Breach of implied warranties.
negligence of a fellow-workman the 3. Consumer Act (R.A. 7394) any
latter and the employer shall be Filipino or foreign manufacturer,
solidarily liable for compensation. producer and importer, independently of
If a fellow-workers intentional or fault shall be liable for redress for
malicious act is the only cause of the damages caused to consumers by defects
death or injury, the employer shall not resulting from:
be answerable unless it should be shown a. design;
that the latter did not exercise due b. manufacture;
diligence in the selection or supervision c. construction;
of the plaintiffs fellow-worker. d. assembly and erection;
e. formulas and handling and making
4. Nuisance up; or
Any act, omission, establishment, f. presentation or packing of their
business, condition of property, or products as well as for the insufficient or
anything else which: inadequate information on the use and
a. Injures or endangers the health or hazards thereof.
safety of others; 4. Even when an act or event causing
b. Annoys or offends the senses; damage to anothers property was not
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John Stephen
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due to the fault or negligence of the substances used although no contractual

defendant, the latter shall be liable for relation exists. (Article 2187 Civil Code)
indemnity if through the act or event he
was benefited. (Art. 23 Civil Code) Privity of contract is not required.
It does not preclude an action based on
negligence (quasi-delict) for the same
act of using noxious or harmful
substances.
PRODUCT AND SERVICE LIABILITY
Alternative theories on basis of liability Article 97 and 99 of the Consumer Act

1. Fraud or misrepresentation imposes liability on defective products
Not all expression of opinion are and services upon manufacturers
actionable misrepresentations if they are independent of fault.
established to be inaccurate. Knowledge of the manufacturer is not
important; the focus is on the condition
2. Warranties of the product and not on the conduct of
The Consumer Act recognizes that the the manufacturer or seller.
provisions of the Civil Code on
conditions and warranties shall govern all DEFENSES:
contracts of sale with conditions and A. The manufacturer, builder, producer, or
warranties. importer shall not be liable when it
Retailer shall be subsidiarily liable under evidences:
the warranty in case of failure of both 1) That it did not place the
the manufacturer and distributor to product on the market
honor the warranty. 2) That although it did
Privity of contract is not necessary. place the product on the market
such product had no defect
3. Negligence 3) That the consumer of
In product liability law, certain standards third party is solely at fault. (Article
are already imposed by special laws, 97 Consumer Act)
rules and regulations of proper B. The supplier of the services shall not be
government agencies; certain acts or held liable when it is proven:
omissions are expressly prohibited by the 1) That there is no defect in the
statutes thereby making violation service rendered
thereof negligence per se. 2) That the consumer of third party
It is negligence per se if manufacturer is solely at fault. (Article 99 Consumer
manufactured products which do not Act)
comply with the safety standards
promulgated by appropriate government Requisites: The plaintiff should allege
agencies. and prove that:
1) The product was defective;
4. Delict 2) The product was manufactured
The liability may be based on criminal by the defendant;
negli-gence under the RPC or violation of 3) The defective product was the
any special law. cause of his injury.
4 KINDS OF DEFECTIVE PRODUCTS
5. Strict liability 1. manufacturing defect
Manufacturers and processors of 2. design defect
foodstuffs, drinks, toilet articles, and 3. presentation defect
similar goods, shall be liable for death or 4. absence of appropriate warning
injuries caused by any noxious or harmful
BUSINESS TORTS
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1. Interference of contracts CASES INCLUDED:

Elements: a. passing off and disparagement of
a. existence of a valid contract products
b. knowledge on the part of the third b. interference
person of the existence of the contract c. misappropriation
c. interference of the third person d. monopolies and predatory pricing
without legal justification.
The existence of a contract is necessary 4. Securities Related Torts
and the breach must occur because of Kinds
the alleged act of interference; No a. Fraudulent Transactions
action can be maintained if the contract b. Misstatements or Omission of
is void. statement of a material fact
Malice is not essential. required to be stated
Elements of privilege to interfere Defendants are free from liability if they
1) The defendants purpose is a can prove that at the time of the
justifiable one, and acquisition the plaintiff knew of the
2) The actors employ no means of untrue statement or if he was aware of
fraud or deception which are the falsity.
regarded as unfair. Extent of Damages: Not exceeding
Extent of Liability: triple the amount of the transaction.
A. Rule in Daywalt vs. La Corporation Prescriptive Period: Action must be
39PHIL587 brought within 2 years after discovery of
Defendant cannot be held liable for facts constituting the cause of action and
more than the amount for which the within 5 yrs after such cause of action
contracting party who was induced accrued.
to break the contract can be held
liable. II. DAMAGES
B. Rule under Article 2201 and 2202 Civil
Code DAMAGE
1) If in bad faith: defendant is liable for The detriment, injury or loss which are
all natural and probable occasioned by reason of fault of another
consequences of his act or omission, in the property or person.
whether the same is forseen or
unforeseen. DAMAGES
2) If in good faith: defandant is liable The pecuniary compensation,
only for consequences that can be recompense or satisfaction for an injury
foreseen. sustained or as otherwise expressed, the
pecuniary consequences which the law
2. Interference with prospective imposes for the breach of some duty or
advantage violation of some rights.
It is a tort committed when there is no
contract yet and the defendant is only DAMNUM ABSQUE INJURIA (Damage
being sued for inducing another not to Without Injury)
enter into a contract. A person may have suffered physical hurt
or injury, but for as long as no legal
3. Unfair competition. injury or wrong has been done, there is
Unfair Competition in agricultural, no liability.
commercial, or industrial enterprises, or
in labor, through the use of force, There is no liability even if there is
intimidation , deceit, machination or any damage because there was no injury.
unjust or oppressive or highhanded
method shall give rise to a right of action There can be damage without injury.
by a person who thereby suffers damage.
(Article 27 Civil Code)
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In order that a plaintiff may maintain an temporary or permanent

action for the injuries of which he personal injury.
complains, he must establish that such 2. Injury to the plaintiffs
injuries resulted from a breach of duty business standing or commercial
which the defendant owed to the credit.
plaintiff.
In crimes and quasi-delict, the
Injury Damage Damages defendant shall be liable for all
Legal Loss, hurt The recom- damages which are the natural and
invasion of or harm pense or probable consequences of the act
a legal which compensatio and omission complained of. It is not
right results n awarded necessary that such damages have
from the for the been foreseen or could have
injury damage
suffered
reasonably foreseen by the
defendant. (Article 2202 Civil Code)
The amount should be that which
NOTES:
would put plaintiff in the same
A complaint for damages is a
position as he would have been if he
personal action. (Baritua vs. CA, 267 had not sustained the wrong for
SCRA 331) which he is now getting his
Proof of pecuniary loss is necessary compensation or reparation.
to successfully recover actual To recover damages, the amount of
damages from the defendant. No loss must not only be capable of
proof of pecuniary loss is necessary proof but must actually be proven.
in case of moral, nominal, Uncertainty as to the precise amount
temperate, liquidated or exemplary is not necessarily fatal.
damages.
The assessment of such damages, LOSS OF EARNING CAPACITY:
except liquidated ones, is left to the Variables considered are:
discretion of the court according to 1. life expectancy
the circumstances of each case. 2. net income/earnings
Kinds of damages (MANTLE) Formula:

1. Actual or Compensatory {2/3 x (80age of death)} x mo. Earnings x 12
2. Moral 2
3. Nominal NOTE:
4. Temperate or moderate Life expectancy is computed as
5. Liquidated follows:
6. Exemplary or corrective { 2/3 x (80-age at death) }
Net earnings is the total of the
A. ACTUAL OR COMPENSATORY DAMAGES earnings less expenses necessary for
Comprehends not only the value of the creation of such earnings and
the loss suffered but also that of the less living or other incidental
profits which the obligee failed to expenses.
obtain.
Classification: Loss of profits
1. Dano emergente loss of what a May be determined by considering
person already possesses the average profit for the preceding
2. Lucro cessante failure to years multiplied by the number of
receive as a benefit that would years during which the business was
have pertained to him affected by the wrongful act or
NOTE: The latter type includes: breach.
1. Loss or impairment of
earning capacity in cases of Attorneys fees
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They are actual damages. It is due to the claim is made judicially

the plaintiff and not to the counsel. or extrajudicially.
Plaintiff must allege the basis of his 3. When the judgment of the court
claim for attorneys fees in the awarding the sum of money
complaint; the basis should be one of becomes final and executory, the
the 11 cases specified in Article 2208 rate of legal interest shall be 12%
of the Civil Code. per annum from such finality
until its satisfaction.
Interests
Award of interest in the concept of Doctrine of Avoidable Consequences
actual and compensatory damages A party cannot recover damages
actual damages. flowing from consequences which
The rate of interest, as well as the the party could reasonably have
accrual thereof is imposed as avoided.
follows: It has a reasonable corollary: a
1. When the obligation is breached person who reasonably attempts to
and it consist of payment of sum minimize his damages can recover
of money, i.e., a loan or the expenses that he incurred.
forbearance of money:
a. The interest due should be Doctrine of
Contributory
that which may have been Avoidable
Negligence
stipulated in writing; Consequences
furthermore, the interest Acts of the Plaintiffs act or
due shall itself earn legal plaintiff occur omission occurs
interest from the time it is after the act or before or at the
judicially demanded. omission of the time of the act or
b. In the absence of stipulation, defendant omission of the
the rate of interest shall be defendant
12% per annum to be
computed from default, i.e.,
from judicial or extra- B. MORAL DAMAGES
judicial demand under and Includes physical suffering, mental
subject to the provisions of anguish, fright, serious anxiety,
Article 1169 of the Civil besmirched reputation, wounded
Code. feelings, moral shock, social
2. When the obligation, not humiliation, and similar injury.
constituting a loan or No proof of pecuniary loss is
forbearance or money, is necessary.
breached: GENERAL RULE: The plaintiff must
An interest on the amount of allege and prove:
damages to be awarded may 1. The factual basis for moral
be imposed at the discretion damages; and
of the court at the rate of 6% 2. Its causal relation to the
per annum. defendants act
No interest shall be adjudged EXCEPTION: Moral damages may be
on unliquidated claims or awarded to the victim in criminal
damages, except when or proceedings without the need for
until demand can be pleading of proof of the basis thereof.
established with reasonable
certainty. Requisites for award of moral damages:
Where the demand is 1. There must be an injury whether
established with reasonable physical, mental or psychological,
certainty, the interest shall clearly sustained by the claimant;
begin to run from the time
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John Stephen
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2. There must be a culpable act or when the court finds that some
omission.; pecuniary loss has been suffered but
3. Such act or omission is the proximate its amount cannot be proved with
cause of the injury; certainty. (Article 2224 Civil Code)
4. The damages is predicated on the In cases where the resulting injury
cases cited in Art.2219. might be continuing and possible
future complications directly arising
NOTE: The award of moral damages from the injury, while certain to
cannot be granted in favor of a occur are difficult to predict,
corporation because, being an artificial temperate damages can and should
person, it has no feelings, no emotions, be awarded on top of actual or
no senses. It cannot therefore compensatory damages; in such
experience physical suffering and mental cases there is no incompatibility
anguish which can be experienced only between actual and temperate
by one having a nervous system. damages.
E. LIQUIDATED DAMAGES
Those agreed upon by the parties in
a contract, to be paid in case of
breach thereof.
C. NOMINAL DAMAGES
Nominal damages are adjudicated in
order that a right of the plaintiff,
which has been violated or invaded
by the defendant, may be vindicated
or recognized, and not for the F. EXEMPLARY OR CORRECTIVE DAMAGES
purpose of indemnifying the plaintiff
for any loss suffered by him. Imposed by way of example or correction
(Article2221 Civil Code) for the public good, in addition to the
Small sums fixed by the court moral, temperate, liquidated or
without regard to the extent of the compensatory damages.
harm done to the injured party.
Law presumes damage although Requisites for the award of exemplary
actual or compensatory damages are damages:
not proven. 1. They are imposed by way of example in
They are damages in name only and addition to compensatory damages and
are allowed simply in recognition of Imposed only after the claimants right to
a technical injury based on a them has been established;
violation of a legal right. 2. They cannot be recovered as a matter of
Nominal damages cannot co-exist right, their determination depending
with actual or compensatory upon the amount of compensatory
damages. damages that may be awarded;
3. The act must be accompanied by bad
D. TEMPERATE OR MODERATE DAMAGES faith or done in wanton, fraudulent,
These are damages, which are more oppressive or malevolent manner.
than nominal but less than
compensatory, and may be recovered
CIVIL LAW COMMITTEE

Rhodora
John Stephen
Purganan(LTD),

San Beda Law Memory Aid on Torts and Damages

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San Beda College of Law

MEMORY AID IN CIVIL LAW

TORTS AND DAMAGES

I. TORTS The omission of that degree of

MEMORY AID IN CIVIL LAW

MEMORY AID IN CIVIL LAW

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MEMORY AID IN CIVIL LAW

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EXCEPTION: When such possession or

Gross Negligence - Negligence where B. Res Ipsa Loquitur

CIVIL LAW COMMITTEE

MEMORY AID IN CIVIL LAW

AFFIRMATIVE DUTIES AND ownership is damage without injury

CIVIL LAW COMMITTEE

MEMORY AID IN CIVIL LAW

New Civil Code include provisions that

MEMORY AID IN CIVIL LAW

because the injury itself provides the

CIVIL LAW COMMITTEE

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MEMORY AID IN CIVIL LAW

MEMORY AID IN CIVIL LAW

conduct actively and continuously had there been no negligence on the

MEMORY AID IN CIVIL LAW

Cause and Conditions

CIVIL LAW COMMITTEE

MEMORY AID IN CIVIL LAW

CONTRIBUTORY NEGLIGENCE Doctrine of Last Clear Chance or

CIVIL LAW COMMITTEE

MEMORY AID IN CIVIL LAW

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MEMORY AID IN CIVIL LAW

Defendant is liable for all forms of sexual 3) Disconnection of electricity

MEMORY AID IN CIVIL LAW

maliciously and without probable cause, suffered by the plaintiff. An action

Elements: TORTS AGAINST HUMAN DIGNITY

MEMORY AID IN CIVIL LAW

to the customs of time and place and is Requisites:

MEMORY AID IN CIVIL LAW

If the publicity given to the plaintiff It extends to all cases of wrongful

2. Interference with Family and 2. Defamation, Fraud, and Physical

CIVIL LAW COMMITTEE

MEMORY AID IN CIVIL LAW

excite adverse feelings or opinion It is not sufficient that the offended

MEMORY AID IN CIVIL LAW

places the latter in apprehension of 3. Mitigating and Aggravating

CIVIL LAW COMMITTEE

MEMORY AID IN CIVIL LAW

rata, they are jointly and severally liable

Vicarious Liability or Doctrine of NOTES:

MEMORY AID IN CIVIL LAW

b) not when the damage has been

3. Owners and managers of

CIVIL LAW COMMITTEE

MEMORY AID IN CIVIL LAW

The liability of the teacher

CIVIL LAW COMMITTEE

MEMORY AID IN CIVIL LAW

If the acts of a third person cannot be c. Shocks, defies or disregards decency or

CIVIL LAW COMMITTEE

MEMORY AID IN CIVIL LAW