Académique Documents
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I. GENERAL CONSIDERATIONS
The word ―tort‖ is taken directly from the French and is a derivation of the Latin
word ‗torquere‘ meaning ‗to twist‘.
It is a private or civil wrong or injury, other than breach of contract, for which the
court will provide a remedy in the form of an action for damages. It is a violation of a
duty imposed by general law or otherwise upon all persons occupying the relation to
each other which is involved in a given transaction. There must always be violation of
some duty that must give rise y operation of law and not by mere agreement of the
parties.
1. INTENTIONAL TORTS which include conduct where the actor desires to cause the
consequences of his act or believes the consequences are substantially certain to
result from it. It includes assault, battery, false imprisonment, defamation, invasion
of privacy and interference of property.
2. NEGLIGENCE involves voluntary acts or omissions which result in injury to others,
without intending to cause the same. The actor fails to exercise due care in
performing such acts or omissions.
3. STRICT LIABILITY IN TORT where the person is made liable independent of fault or
negligence upon submission of proof of certain facts.
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WHAT IS QUASI-DELICT?
Whoever by act or omission causes damage to another, there being fault or
negligence is obliged to pay for the damage done. Such fault or negligence, if there is no
pre-existing contractual relation between the parties, is called quasi-delict and is
governed by the provisions of Article 2176 of the Civil Code.
The concept of tort came to our legal system after the Philippines became a
colony of the United States of America as a result of the Treaty of Paris signed on
December 10, 1898.
The law on Torts and Damages is based on several articles spread in the New
Civil Code and special laws, particularly the following:
2. Chapter on Quasi-Contracts (Articles 2144, 2145, 2146, 2147, 2148, 2150, 2151 and
2159)
3. Chapter on Human Relations (Articles 19 to 36)
4. Articles 1172 to 1174 of the New Civil Code which are made applicable to quasi-
delicts (See Article 2178)
5. Article 1723, New Civil Code (See Article 2192)
6. Article 309, New Civil Code (See Article 2219 [9])
7. Article 1314 NCC (Contractual Interference)
8. Family Code of the Philippines
9. Articles 100 to 103 of the Revised Penal Code (see Article 2177, NCC)
10. Title XVIII (Damages) covering Articles 2195 to 2235, NCC.
11. Chapter on Nuisance (Articles 694 to 707, NCC)
12. Chapter III, Section 4 (Common Carriers) covering Articles 1755 to 1763, NCC
13. R.A. No. 7877 (Anti-Sexual Harassment Act)
14. Supreme Court decisions
15. American law and jurisprudence; and
16. Opinion of legal authors
1. To provide a peaceful means for adjusting the rights of parties who might
otherwise take the law into their own hands;
2. Deter wrongful conduct;
3. To encourage socially responsible behavior; and
4. To restore injured parties to their original condition, insofar as the law can do
this, by compensating them from their injury
WHAT ARE THE KINDS OF INTERESTS PROTECTED BY TORT LAWS UNDER THE CIVIL
CODE AND WHAT ARE THE SPECIFIC PROVISIONS WHICH PROTECT SUCH INTEREST?
damage or injury to
another. It is broader in
scope than crime.
2. Criminal intent Criminal intent is no Criminal intent is essential
necessary for quasi-delict to for criminal liability to
exist. Fault or negligence exist.
without intent will suffice.
3. Nature of right violated Right violated is a private Right violated is a public
right. Quasi-delict is a one. Crime is a wrong
wrongful act against a against the State.
private individual.
4. Liability for damages Every quasi-delict gives rise Some crimes (like
to liability for damages. contempt, illegal possession
of firearm) do not give rise
to liability for damages.
5. Proofs needed Proof of the fault or The guilt of the accused
negligence requires only must be proved beyond
preponderance of evidence. reasonable doubt.
6. Sanction or penalty Reparation or Punishment is either
indemnification of the imprisonment, fine or both;
injury or damage. sometimes other accessory
penalties are imposed.
APPLICATION:
FACTS:
CAUSES OF ACTION:
CULPA CONTRACTUAL
CULPA AQUILIANA
Damage caused to another due to negligence. The case will be entitled ―Passenger
Z vs. X, Inc. and Driver Y” (the defendants will be solidarily liable as joint-tortfeasors)
CULPA CRIMINAL
The driver‘s act may amount to a crime (physical injuries through reckless
imprudence). The case will be entitled ―People of the Philippines vs. Driver Y”, and if the
latter is convicted but is insolvent, Passenger Z may pursue against X, Inc. to enforce the
latter‘s subsidiary liability.
The weakest cause of action is culpa aquiliana where the employer may raise the
defense of due diligence in the selection and supervision of the driver. Culpa criminal is
a stronger cause of action because as to the company‘s subsidiary liability the latter‘s
defense are limited, however the quantum of evidence needed to convict the employee
would have to be guilt beyond reasonable doubt.
A. ARTICLE 2176
Article 2176 - Whoever by act or omission causes damage to another, there being
fault or negligence, is obliged to pay for the damage done. Such fault or negligence, if
there is no pre-existing contractual relation between the parties, is called a quasi-delict
and is governed by the provisions of this Chapter.
1. Act or omission;
2. Presence of fault or negligence
3. Damage suffered by the plaintiff;
4. Causal connection between the fault or negligence and the damage
5. No pre-existing contractual relation
1. ACT OR OMISSION
2. FAULT OR NEGLIGENCE
A. NEGLIGENCE
WHAT IS NEGLIGENCE?
―Art. 1173. The fault or negligence of the obligor consists in the omission of that
diligence which is required by the nature of the obligation and corresponds with the
circumstances of the persons, of the time and of the place.
XXX
If the law or contract does not state the diligence which is to be observed in the
performance, that which I expected of a good father of a family shall be required.‖
The Supreme Court has defined ―negligence as the failure to observe for the
protection of the interests of another person, that degree of care, precaution and
vigilance which the circumstances justly demand, whereby such other person suffers
injury‖ (United States vs. Arias, 23 Phil. 434; Gan vs. Court of Appeals, 165 SCRA 378)
Based on the definition of Article 1173, the degree of care, precaution, and
vigilance that should be observed depends on the circumstance of a) persons, b) place,
and c) time. That which may be considered therefore as sufficient care and precaution in
a set of circumstances, may be insufficient in another set of circumstances that confront
the same individual.
The standard or degree of care or diligence that should be observed is that which
is expected of a good father of a family unless the law or stipulation of the parties
requires another standard of care.
The Supreme Court explained in Picart vs. Smith, infra that the standard of
conduct used in the Philippines is that of pater familias in Roman law or that what is
referred to in Article 1173 of the NCC, in relation to Article 2178 as a good father of a
family. What should be determined in negligence cases is what is foreseeable to a good
father of a family. A good father of a family is likewise referred to as the reasonable
man, a man of ordinary intelligence and prudence, or ordinary reasonable prudent
man.
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a. Article 1733 provides that common carriers ―are bound to observe extraordinary
diligence according to all circumstances of each case‖.
b. Article 1755 provides that common carrier ―is bound to carry the passenger
safely as far as human care and foresight can provide, suing the utmost diligence
of very cautious persons, with due regard for all the circumstances.‖
c. Highest degree of diligence is required in practice of medicine [likened to the
diligence required of a common carrier] (Ramos vs. CA, August 11, 2002) Res ipsa
loquitor doctrine is applicable to practice of medicine.
In Picart vs. Smith, 37 Phil. 809, the test of negligence is capsulized as follows –
1 A lawyer was made liable for nominal damages for failure to perfect an appeal.
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Article 2176, whenever it refers to ―fault or negligence‖, covers not only acts ―not
punishable by law‖ but also acts criminal in character, whether intentional or voluntary
or negligent. Consequently, a separate civil action lies against the offender in a criminal
act, whether or not he is criminally prosecuted and found guilty or acquitted, provided
that the offended party is not allowed (if the torfeasor is actually charged also
criminally), to recover damages on both scores, and would be entitled in such
eventuality only to the bigger award of the two, assuming the awards made in the two
cases vary (Andamo vs. IAC, 191 SCRA 202).
1. Time
2. Place
3. Emergency
4. Gravity of harm to be avoided
5. Alternative cause of action
6. Social value or utility of activity
7. Person exposed to the risk
a. Ordinary negligence
b. Gross negligence
This is recognized in Article 2231 of the NCC which provides that ―in quasi-delicts
exemplary damages may be granted if the defendant acted with gross negligence‖
PROOF OF NEGLIGENCE
a. Burden of proof
The plaintiff must prove the elements of a quasi-delict, the most important of
which is the element of fault or negligence attributable to the defendant. If this is not
proven, the plaintiff cannot recover damages from the defendant. It is even presumed
that a person takes ordinary care of his concerns. The quantum of proof required is
preponderance of evidence.
b. PRESUMPTIONS
The Civil Code provides for the following cases when the existence of negligence
is presumed.
This is one of the rules relied upon in negligence cases – the thing speaks for
itself. Its function is to aid the plaintiff in proving the elements of a negligence case by
circumstantial evidence.
In the case of Spouses Bernabe Africa and Soledad C. Africa vs. CALTEX (Phil.) Inc.,
G.R. No. L-12986, March 31, 1966, 2 the Supreme Court applied the presumption of
2
The gasoline station, with all its appliances, equipment and employees, was under the control of
appellees. A fire occurred therein and spread to and burned the neighboring houses. The persons who
knew or could have known how the fire started were appellees and their employees, but they gave no
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negligence under the doctrine of Res Ipsa Loquitur — Where the thing which caused the
injury complained of is shown to be under the management defendant or his servants
and the accident is such as in the ordinary course of things does not happen if those
who have its management or control use proper care, it affords reasonable evidence, in
absence of explanation by defendant, that the accident arose from want of care.
B. FAULT
WHAT IS FAULT?
1. FAULT SUBSTANTIVE AND INDEPENDENT, which on account of its origin, gives rise
to an obligation between two persons not similarly bound by any obligation, or
The fault referred to in Article 2176 is ―fault substantive and independent‖ and
which in itself a source of obligation.
3. DAMAGE
WHAT IS DAMAGE?
Damage is the loss, hurt or harm which results from injury. It differs from
damages which term refers to the recompense or compensation awarded for the damage
suffered (So Ping Bun vs. CA, 314 SCRA 751)
explanation thereof whatsoever. It is a fair and reasonable inference that the incident happened because
of want of care.
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The fault or negligence of the defendant must be the proximate cause of the
injury of the plaintiff. If the cause of the injury is due to the plaintiff‘s sole negligence,
he cannot recover. There must be clear evidence that the cause of the damage is the fault
or negligence of the defendant.
The proximate cause of injury is that cause which, in natural and continuous
sequence, unbroken by any efficient intervening cause, produces the injury, and
without which the result would not have occurred.
More comprehensively, the proximate legal cause is that acting first and
producing the injury, either immediately or by setting other events in motion, all
constituting a natural and continuous chain of events, each having a close causal
connection with the predecessor, the final event in the chain immediately effecting the
injury as a natural and probable result of the cause which first acted, under such
circumstance, that the person responsible for the first event should, as an ordinarily
prudent and intelligent person, have reasonable ground to expect at the moment of his
act or default that an injury to some person might probably result therefrom. (Vda De
Bataclan vs. Medina, 102 Phil. 181; Teague vs., Fernandez, 51 SCRA 181).
If there is pre-existing contractual relation between the parties and the same is
violated, the proper cause of action is not anchored on quasi-delict but breach of contract
or culpa-contractual.
3 In Air France vs. Carrascoso, a passenger was ousted from his first class accommodation and
was compelled to take a seat in the tourist compartment. He was allowed to recover damages from the
carrier notwithstanding the fact that the relation between the carrier and the passenger is contractual both
in origin and nature. The Supreme Court held that the act itself of breaking the contract creates a tort
liability.
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In other words, the existence of contract does not bar the commission of a tort by
one against the other and the consequent recovery of damages. Where the act that
breaks the contract may also be a tort, the contractual relation of the parties does not bar
the recovery of damages. (Singson vs. Bank of P.I., 132 Phil. 597 4)
B. ARTICLE 2177
The article makes a distinction between a civil liability arising from a quasi-delict,
and civil liability arising from a crime, that is, if the act or omission is punishable by the
Revised Penal Code, or may create an action for quasi-delict or culpa extra-contractual
under the Civil Code (Andamo vs. IAC, 191 SCRA 195).
1. To pursue a criminal action which includes the claim for civil liability arising
from the crime based on Article 100 of the Revised Penal Code; or
2. To pursue an independent civil action based on quasi-delict under Articles 2176 to
2194 of the New Civil Code (Elcano vs. Hill, 77 SCRA 98).
4 In Julian C. Singson and Ramona Del Castillo vs. BPI and Santiago Frezas, the bank clerk
committed a mistake that caused the freezing of the current account of Julian Singson. As a result, his
checks were dishonored. The bank apologized to Singson and restored the checking account.
Nevertheless, Singson sued the bank for damages. The bank interposed the defense that there could be no
liability for negligence or quasi-delict on account of the contractual relations between the bank and
Singson, and that the error was immediately corrected. The Supreme Court held that Singson can recover
damages from the bank despite the existence of contractual relations between the parties because the act
itself that breaks the contract may also be a tort or quasi-delict.
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If the action is filed against the employer of the negligent employee, the offended
party may choose the remedy of primary liability allowed in Article 2180 or the
subsidiary liability under the Revised Penal Code. There is however, a limitation – he
cannot recover damages twice for the same act or omission.
Application:
Yes. The acquittal of D is not a bar to a subsequent civil action. This is so because
the evidence in the criminal case may not be sufficient for a conviction, but sufficient for
a civil liability, where mere preponderance of evidence is enough.
Yes, but O can interpose the defense that he exercised due diligence in the
selection and supervision of D. If O proves this, he will be excused from civil liability.
SUPPOSE O WAS ABLE TO PROVE THAT THE EXERCISE OF DUE DILIGENCE IN THE
SELECTION AND SUPERVISION OF D, CAN O STILL BE HELD LIABLE?
Yes, if it was proven for instance, that O was also in the jeepney at the time of
accident, and he could have, by use of diligence, prevented the misfortune, but he did
not. (Vide first par, Art. 2184)
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IF THEY OPT TO SUE FOR QUASI-DELICT, WHAT PROOF IS NEEDED TO PROVE THEIR
CASE AGAINST D AND O?
CAN O STILL BE HELD LIABLE EVEN IF HE PROVES DUE DILIGENCE IN THE SELECTION
AND SUPERVISION OF D?
Yes, if it is proven that he was inside the jeepney at the time of accident, and he
could have, by use of diligence, prevented the misfortune, but which he did not
exercise.
Enforcement of the civil liability arising from crime is governed by Rule 111 of
the Revised Rules of Court effective December 1, 2000. Sections 1, 2, 3 and 5 provide as
follows:
Sec. 1. Institution of criminal and civil actions. – (a) When a criminal action is
instituted, the civil action for the recovery of civil liability arising from the offense
charged shall be deemed instituted with the criminal action unless the offended party
waives the civil action, reserves his right to institute it separately, or institutes the civil
action prior to the criminal action.
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The reservation of the right to institute separately the civil action shall be made
before the prosecution starts presenting its evidence and under circumstances affording
the offended party a reasonable opportunity to make such reservation.
When the offended party seeks to enforce civil liability against the accused by
way of moral, nominal, temperate or exemplary damages without specifying the amount
thereof in the complaint or information, the filing fees thereof shall constitute a first lien
on the judgment awarding such damages.
Where the amount of damages, other that actual, is specified in the complaint or
information, the corresponding filing fees shall be paid by the offended party upon the
filing thereof in court.
Except as otherwise provided in these rules, no filing fees shall be required for
actual damages.
(b) The criminal action for violation of Batas Pambansa Blg. 22 shall be deemed to
include the corresponding civil action. No reservation to file such civil action separately
shall be allowed.
Upon filing of the aforesaid joint criminal and civil action, the offended party
shall pay in full the filing fees based on the amount of the check involved, which shall be
considered as the actual damages claimed. Where the complaint or information also
seeks to recover liquidated, moral, nominal temperate or exemplary damages, the
offended party shall pay additional filing fees cased on the amounts alleged therein. If
the amount are so alleged but any of these damages are subsequently awarded by the
court, the filing fees based on the amount awarded shall constitute a first lien on the
judgment.
When the civil action has been filed separately and trial thereof has not yet
commenced, it may be consolidated with the criminal action upon application with the
court trying the latter case. If the application is granted, the trial of both actions shall
proceed in accordance with section 2 of this Rule governing consolidation of the civil and
criminal action.
Sec. 2. When separate civil action is suspended. – After the criminal action has been
commenced, the separate civil action arising therefrom cannot be instituted until final
judgment has been entered in the criminal action.
If the criminal action is filed after the said civil action has already been instituted,
the latter shall be suspended in whatever stage it may be found before judgment on the
merits. The suspension shall last until final judgment is rendered in the criminal action.
Nevertheless, before judgment on the merits is rendered in the civil action, the same may,
upon motion of the offended party, be consolidated with the criminal action in the court
trying the criminal action. In case of consolidation, the evidence already adduced in the
civil action shall be deemed automatically reproduced in the criminal action without
prejudice to the right of the prosecution to cross-examine the witnesses presented by the
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offended party in the criminal case and of the parties to present additional evidence. The
consolidated criminal and civil actions shall be tried and decided jointly.
During the pendency of the criminal action, the running of the period of
prescription of the civil action which cannot be instituted separately or whose proceeding
has been suspended shall be tolled.
The extinction of the penal action does not carry with it the extinction of the civil
action. However, the civil action based on delict shall be deemed extinguished if there is
a finding in a final judgment in the criminal action that the act or omission from which
the civil liability may arise did not exist.
Sec. 3. When civil action may proceed independently. – In the cases provided in
Articles 32, 33, 34 and 2176 of the Civil Code of the Philippines, the independent civil
action may be brought by the offended party. It shall proceed independently of the
criminal action and shall require only a preponderance of evidence. In no case, however,
may the offended party recover damages twice for the same act or omission charged in
the criminal action.
Sec. 5. Judgment in civil action not a bar. – A final judgment rendered in a civil
action absolving the defendant from civil liability is not a bar to a criminal action against
the defendant for the same act or omission subject of the civil action.
When a criminal action is instituted, the civil action for the recovery of civil
liability arising from the offense charged shall be deemed instituted with the criminal
action.
The civil liability arising from the offense charged shall not be deemed instituted
together with the criminal action if:
After the criminal action has been commenced, the separate civil action arising
therefrom cannot be instituted until final judgment has been entered in the criminal
action.
PROVISO:
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In the cases provided in Articles 32, 33, 34 and 2176 of the Civil Code of the
Philippines, the independent civil action may be brought by the offended party. It shall
proceed independently of the criminal action and shall require only a preponderance of
evidence. In no case, however, may the offended party recover damages twice for the
same act or omission charged in the criminal action.
Application:
Yes, if the case to be filed falls under Articles 32, 33, 34 and 2176 of the New Civil
Code.
IF THE CASE FALLS EITHER UNDER ANY OF THE SITUATIONS REFERRED TO IN SAID
ARTICLES AND THE CRIMINAL ACTION HAS ALREADY COMMENCED, WHEN SHALL THE CIVIL
ACTION BE FILED?
IF SAID CIVIL ACTION IS FILED DURING THE PENDENCY OF THE CRIMINAL CASE, CAN
BOTH ACTIONS BE TRIED AND HEARD INDEPENDENTLY OF EACH OTHER?
Yes, by express provision of law which says that such civil action ―xxx shall
proceed independently of the criminal action, and shall require only a preponderance of
evidence.‖ (Section 3, Rule 111)
The civil action shall be impliedly joined with the criminal action. This means
that the two actions are joined in one action as twins, and the civil action may be tried
and prosecuted with all the ancillary process provided by law.
WHAT HAPPENS IF THE TRIAL COURT CONVICTS THE ACCUSED OF THE CRIME
CHARGED BUT FAILS TO DECIDE ON HIS CIVIL LIABILITY?
The acquittal of the accused in the criminal case will not necessarily exonerate
him from civil liability (Article 29 5).
The civil liability which may arise from culpa aquiliana or quasi-delict was never
intended by law to be merged in the criminal action. The criminal prosecution is not a
condition precedent to the enforcement of the civil rights.
To subordinate the civil action contemplated in Article 33 6 and 2177 to the result
of the criminal action would render meaningless the independent civil action and the
injunction in Article 31 7 that such civil action may proceed independently of the
criminal proceeding.
WHAT ARE THE EXCEPTIONS TO THE RULE THAT THE JUDGMENT OF ACQUITAL DOES
NOT NECESSARILY EXTINGUISH THE CIVIL LIABILITY OF THE ACCUSED?
1. When it declares that the facts from which the civil liability might arise did not
exist;
2. when it declares that the accused is not the author of the crime;
3. when the judgment expressly declares that the liability is only civil in nature;
4. Where the civil liability is not derived or based on the criminal act of which the
accused was acquitted;
5. where the acquittal is based on reasonable doubt; and
6. where the civil action has prescribed.
IF THERE IS NO SEPARATE CIVIL ACTION, WHAT SHOULD THE COURT TRYING THE
CRIMINAL CASE FIND OUT TO ENABLE IT TO DETERMINE FULLY THE CIVIL LIABILITY OF THE
OFFENDER?
The court should find out if there is evidence to prove the civil liability of the
offender, and it should also determine who the heirs of the deceased are entitled to
5 ARTICLE 29. When the accused in a criminal prosecution is acquitted on the ground that his
guilt has not been proved beyond reasonable doubt, a civil action for damages for the same act or
omission may be instituted. Such action requires only a preponderance of evidence. Upon motion of the
defendant, the court may require the plaintiff to file a bond to answer for damages in case the complaint
should be found to be malicious.
If in a criminal case the judgment of acquittal is based upon reasonable doubt, the court shall so
declare. In the absence of any declaration to that effect, it may be inferred from the text of the decision
whether or not the acquittal is due to that ground.
6 ARTICLE 33. In cases of defamation, fraud, and physical injuries a civil action for damages,
entirely separate and distinct from the criminal action, may be brought by the injured party. Such civil
action shall proceed independently of the criminal prosecution, and shall require only a preponderance of
evidence.
7 ARTICLE 31. When the civil action is based on an obligation not arising from the act or
omission complained of as a felony, such civil action may proceed independently of the criminal
proceedings and regardless of the result of the latter. acd
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WHAT SHOULD THE OFFENDED PARTY DO IN THE CRIMINAL ACTION (WHERE CIVIL
ACTION IS IMPLIEDLY INSTITUTED) TO ENABLE HIM TO RECOVER?
The offended party must present evidence in support of his claim for damages.
Otherwise, the court cannot award damages in the judgment of conviction.
Even without any allegation as to damages, the offender shall be liable for them
if the offended party was able to prove that he is entitled to damages. This is predicated
on the principle that every person criminally liable is also civilly liable.
He may appeal both with respect to the judgment in the civil and criminal
liability, or he may appeal only with respect to the civil action or criminal action.
WHAT DOES THE PHRASE “IN NO CASE, HOWEVER, MAY THE OFFENDED PARTY
RECOVER DAMAGES TWICE FOR THE SAME ACT OR OMISSION CHARGED IN THE CRIMINAL
ACTION” MEAN?
This means that if the plaintiff succeeded to recover damages from the defendant
the Civil Code, he can no longer recover damages for the same negligent act under the
Revised Penal Code. Conversely, if the offended party takes the option of merely filing
a criminal case and submits his damage claim for decision in the criminal action, and
thereafter, he succeeded to recover damages from the accused in the civil action, he can
no longer recover damages from the accused in a criminal action based on culpa
aquiliana or quasi-delict.
IS RESERVATION REQUIRED IN THE CRIMINAL CASE FOR THE FILING OF CIVIL ACTION
ARISING FROM QUASI-DELICT?
Under the 1964, 1985 and 1988 amendments of the Revised Rules of Criminal
procedure, it was required that the injured party must make a reservation in the
criminal case for the filing of a civil action based on quasi-delict. The failure to do so will
result in the inclusion of the claim for civil liability in the criminal case and bars any
separate civil action based on the same act or omission. (Vide: Hambon vs. CA, G.R. No.
122150, March 17, 2003)
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MORE DISCUSSION:
Article 2177 of the Civil Code makes a distinction between a civil liability arising
from a quasi-delict, and civil liability arising from a crime, that is, an act or omission may
be punishable by the Revised Penal Code, or may create an action for quasi-delict or
culpa extra-contractual under the Civil Code. 8 Article 2176 of the Civil Code imposes a
civil liability on a person for damage caused by his act or omission constituting fault or
negligence, and whenever Article 2176 refers to "fault or negligence", it covers not only
acts "not punishable by law" but also acts criminal in character, whether intentional and
voluntary or negligent. Consequently, a separate civil action lies against the offender in
a criminal act, whether or not he is criminally prosecuted and found guilty or acquitted,
provided that the offended party is not allowed, (if the tortfeasor is actually charged
also criminally), to recover damages on both scores, and would be entitled in such
eventuality only to the bigger award of the two, assuming the awards made in the two
cases vary. 9 The Supreme Court in the case of Andamo vs. IAC, 191 SCRA 195 explained
that:
8 See: Andamo vs. IAC, 191 SCRA 195; Rafael Reyes Trucking Corp. vs. People, 329 SCRA 600
9 Virata vs. Ochoa, G.R. No. L-46179, January 31, 1978, 81 SCRA 472
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―In the case of Castillo vs. Court of Appeals (176 SCRA 591), this
Court held that a quasi-delict or culpa aquiliana is a separate legal institution
under the Civil Code with a substantivity all its own, and individuality
that is entirely apart and independent from a delict or crime — a
distinction exists between the civil liability arising from a crime and the
responsibility for quasi-delicts or culpa extra-contractual. The same
negligence causing damages may produce civil liability arising from a
crime under the Penal Code, or create an action for quasi-delicts or culpa
extra-contractual under the Civil Code. Therefore, the acquittal or
conviction in the criminal case is entirely irrelevant in the civil case,
unless, of course, in the event of an acquittal where the court has declared
that the fact from which the civil action arose did not exist, in which case
the extinction of the criminal liability would carry with it the extinction of
the civil liability.
The Supreme Court has already laid a fundamental premise clearly enunciated
as early as the case of Barredo vs. Garcia, et al., 73 Phil. 607 (1942), thus:
"A distinction exists between the civil liability arising from a crime
and the responsibility for cuasi-delitos or culpa-extra-contractual. The same
negligent act causing damages may produce civil liability arising from a
crime under article 100 of the Revised Penal Code, or create an action for
cuasi-delito or culpa extra-contractual under articles 1902-1910 of the Civil
Code. Plaintiffs were free to choose which remedy to enforce."
The options of the plaintiffs (offended parties) therefore are: (1) To pursue a
criminal action which includes the claim for civil liability arising from the crime based
on Article 100 of the Revised Penal Code; or (2) To pursue an independent civil action
based on quasi-delict under Articles 2176 to 2194 of the New Civil Code. 10
As it is quite apparent that the plaintiffs had predicated their present claim for
damages on quasi-delict, they are not barred from proceeding with this independent civil
10 Elcano vs. Hill, 77 SCRA 98; ce Haulers Copr. Vs. CA, 338 SCRA 572; Virata vs. Ochoa, 81 SCRA
472
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suit. The institution of a criminal action cannot have the effect of interrupting the civil
action based on quasi-delict. 11 And the separate civil action for quasi-delict may proceed
independently and regardless of the result of the criminal case, 12 except that the
plaintiffs cannot recover damages twice for the same act or commission of the
defendant. 13 The civil action referred to in Sections 3(a) and (b) of Rule 111 of the Rules
of Court, which should be suspended after the institution of the criminal action, is that
arising from delict, and not the civil action based on quasi-delict or culpa aquiliana. 14
The civil liability which may arise from culpa aquiliana or quasi-delict was never
intended by law to be merged in the criminal action. The criminal prosecution is not a
condition precedent to the enforcement of the civil rights. 15 To subordinate the civil
action contemplated in Article 33 and 2177 to the result of the criminal action would
render meaningless the independent civil action and the injunction in Article 31 that
such civil action may proceed independently of the criminal proceeding. 16
Under Section 1 of the present Rule 111, the independent civil action in Articles
32, 33, 34 and 2176 of the Civil Code is not deemed instituted with the criminal action
but may be filed separately by the offended party even without reservation. The
commencement of the criminal action does not suspend the prosecution of the
independent civil action under these articles of the Civil Code. The suspension in
Section 2 of the present Rule 111 refers only to the civil action arising from the crime, if
such civil action is reserved or filed before the commencement of the criminal action. 17
Thus, the offended party can file two separate suits for the same act or omission.
The first a criminal case where the civil action to recover civil liability ex-delicto is
deemed instituted, and the other a civil case for quasi-delict — without violating the rule
on non-forum shopping. The two cases can proceed simultaneously and independently
of each other. The commencement or prosecution of the criminal action will not
suspend the civil action for quasi-delict. The only limitation is that the offended party
cannot recover damages twice for the same act or omission of the defendant. 18
In Philippine Rabbit Bus Lines, Inc. vs. People of the Philippines, G.R. No. 147703,
April 14, 2004, the Supreme Court explained the concept of independent civil action in
this wise:
―At the outset, we must explain that the 2000 Rules of Criminal
Procedure has clarified what civil actions are deemed instituted in a
criminal prosecution. Section 1 of Rule 111 of the current Rules of
Criminal Procedure provides: "When a criminal action is instituted, the
civil action for the recovery of civil liability arising from the offense
charged shall be deemed instituted with the criminal action unless the
offended party waives the civil action, reserves the right to institute it
separately or institutes the civil action prior to the criminal action." xxx
xxx xxx" Only the civil liability of the accused arising from the
crime charged is deemed impliedly instituted in a criminal action; that is,
unless the offended party waives the civil action, reserves the right to
institute it separately, or institutes it prior to the criminal action. xxx xxx
xxx It is clear that the 2000 Rules deleted the requirement of reserving
independent civil actions and allowed these to proceed separately from
criminal actions. Thus, the civil actions referred to in Articles 32, 33, 34
and 2176 of the Civil Code shall remain "separate, distinct and
independent" of any criminal prosecution based on the same act. Here are
some direct consequences of such revision and omission: 1. The right to
bring the foregoing actions based on the Civil Code need not be reserved
in the criminal prosecution, since they are not deemed included therein. 2.
The institution or the waiver of the right to file a separate civil action
arising from the crime charged does not extinguish the right to bring such
action. 3. The only limitation is that the offended party cannot recover
more than once for the same act or omission. What is deemed instituted in
every criminal prosecution is the civil liability arising from the crime or
delict per se (civil liability ex delicto), but not those liabilities arising from
quasi-delicts, contracts or quasi-contracts. In fact, even if a civil action is
filed separately, the ex delicto civil liability in the criminal prosecution
remains, and the offended party may — subject to the control of the
prosecutor — still intervene in the criminal action, in order to protect the
remaining civil interest therein. This discussion is completely in accord
with the Revised Penal Code, which states that "[e]very person criminally
liable for a felony is also civilly liable."
C. ARTICLE 2178
―ART. 2178. The provisions of Articles 1172 to 1174 are also applicable to a quasi-
delict.‖
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K. P. Dela Serna
―ART. 1173. The fault or negligence of the obligor consists in the omission of that
diligence which is required by the nature of the obligation and corresponds with the
circumstances of the persons, of the time and of the place. When negligence shows bad
faith, the provisions of Articles 1171 and 2201, par. 2, shall apply.‖
―ART. 1174. Except in case expressly specified by the law, or when it is otherwise
declared by stipulation, or when the nature of the obligation requires the assumption of
risk, no person shall be responsible for those events which could not be foreseen, or
which though foreseen, were inevitable.‖
―ART. 2201. Par. 2. x x x In case of fraud, bad faith, malice or wanton attitude, the
obligor shall be responsible for all damages which may be reasonably attributed to the
non-performance of the obligation.‖
Article 1172 provides that one incurs a responsibility for being negligent in the
performance of every obligation.
1. When an obligor does not observe diligence which is required by the nature
of the obligation and corresponds with the circumstances of the persons, time
and place, there is fault or negligence; and
2. In case of fraud, bad faith, malice or wanton attitude, the obligor shall be
responsible for all damages which may be reasonably attributed to the
performance of the obligation. (Article 1173 in relation to Article 2201, last
paragraph)
Application:
A.) A took an ABC bus bound for Butuan City. In Gingoog City, said bus collided
with an XYZ Liner. A was hurt.
3. IS ABC LIABLE IF IT TURNED OUT THAT A HAS NOT YET PAID HIS FARE AT THE
TIME OF THE ACCIDENT?
Yes. This is a case of culpa contractual and for as long as A was able
to prove that he was a passenger of the bus at the time of the accident and
that he failed to reach his destination safely, there is already a breach of
the contract of carriage.
4. IS ABC LIABLE IF IT TURNED OUT THAT A HAS JUST BOARDED THE BUS
IMMEDIATELY BEFORE THE SAID ACCIDENT?
B.) A took an ABC bus bound for Davao City. To avoid a head on collision with
an XYZ Liner, ABC’s driver swerved to the right causing it to hit a sari-sari
store. A was hurt. X and Y who were taking snacks in the sari-sari store were
also hit and they died.
No. This is now a case of culpa aquiliana which can be filed both
against the driver and ABC. X and Y have the burden of proving that the
driver was negligent and that ABC did not exercise diligence in the
selection and supervision of its driver.
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3. SAME PARTIES BUT THE PROVISION OF THE BILL OF LADING STATES THAT THE
XYZ, INC.’S LIABILITY IS LIMITED TO P300. 00, NO MATTER HOW NEGLIGENT
IT IS, UNLESS A DECLARES A HIGHER VALUE AND PAYS A HIGHER COST OF
FREIGHT. IS THE STIPULATION VALID?
D. ARTICLE 2179
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―When the plaintiff‘s own negligence was the immediate and proximate cause of
his injury, he cannot recover damages. But if his negligence was only contributory, the
immediate and proximate cause of the injury being the defendant‘s lack of due care, the
plaintiff may recover damages, but the courts shall mitigate the damages to be awarded.‖
1. Plaintiff‘s own negligence was the immediate and proximate cause of his
injury – he cannot recover damages. (Taylor vs. Meralco, 16 Phil. 8)
2. Plaintiff‘s own negligence is only contributory; and the immediate and
proximate cause of his injury is defendant‘s lack of due care – plaintiff can
recover damages but the courts shall mitigate the damages to be awarded
(Rakes vs. Atlantic Gulf and Pacific Co., 7 Phil. 359).
A proximate cause is that adequate and efficient cause which in the natural order
of events, and under the particular circumstances surrounding the case would naturally
produce the event.
In Vda de Bataclan vs. Medina, 102 Phil.181 and Teague vs. Fernandez, 51 SCRA
181, the proximate cause was defined as the proximate legal cause, acting first and
19
producing the injury, either immediately or by setting other events in motion, all
constituting a natural and continuous chain of events, each having a close causal
connection with the predecessor, the final event to the chain immediately effecting the
injury as a natural and probable circumstance, that the person responsible for the first
event should, as an ordinarily prudent and intelligent person, have reasonable ground
to expect at the moment of his act or default that an injury to some person might
probably result therefrom.
A remote cause is that cause which some independent force merely took
advantage of to accomplish something not the natural effect thereof.
A prior and remote cause can not be made the basis of an action, if such
remote cause did nothing more than furnish the condition or give rise to the
occasion by which the injury was made possible, if there intervened between
such prior or remote cause and the injury, a distinct, successive, unrelated, and
efficient cause of the injury, even though such injury would not have happened
but for such condition of occasion. If no damage existed in the condition except
because of the independent cause, such condition was not the proximate cause.
And if an independent negligent act or defective condition sets into operation the
circumstances which results in injury because of the prior defective condition,
such act or condition is the proximate cause.
The proximate cause is not necessarily the sole cause of the accident. The
defendant is still liable in case there are concurrent causes brought about by acts
or omissions of third persons. Thus, the primary cause remains the proximate
cause even if there is an intervening cause which merely cooperated with the
primary cause and which did not break the chain of causation.
A. CAUSE-IN-FACT TEST
1. SINE QUA NON TEST (BUT FOR TEST) – this is a question of causal connection. Where
the defendant‘s own conduct will not be considered as proximate cause of the
event if the event just the same would have occurred without it. Simply stated,
defendant‘s conduct is the cause in fact of the injury under the ―but for‖ test if
the damage would not have resulted had there been no negligence on the part of
the defendant. Conversely, defendant‘s negligent conduct is not the cause in fact
of the plaintiff‘s damage if the accident could not have been avoided in the
absence thereof.
2. SUBSTANTIAL FACTOR TEST – makes the negligent conduct the cause in fact of the
damage if it was a substantial factor in producing the injuries. This test is
especially important where there are concurrent causes. Here, the issues are not
factual but conceptual.
3. NESS TEST – A condition may still be considered a cause where it is shown to be a
necessary element in just one of several co-present sets each independently
sufficient for the effect.
4. POLICY TESTS
1. FORESIGHT PERSPECTIVE
It is a test that determines whether the chain of events that in fact occurred was
sufficiently ―foreseeable‖, ―natural‖ or ―probable‖ at the outset for the defendant to be
held liable.
WHAT ARE THE TESTS TO DETERMINE THE EXTENT OF THE DEFENDANT’S LIABILITY
FOR NEGLIGENCE UNDER THIS TEST?
2. DIRECTNESS PERSPECTIVE
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It does not require that the injury is within the foreseeable risk created by the
defendant. This second approach starts with the injury and works towards the
wrongful action of the defendant, seeking to determine whether any act of a third party
or the plaintiff, or any event, severed the causal connection between the harm and the
defendant‘s wrongful conduct. Here, the question is only whether, when all the
evidence is in, it is permissible to say that the defendant ―did it‖, that is, brought about
the plaintiff‘s harm.
A distinction is made between the active cause of the harm or injury and the
existing ―conditions‖ upon which that cause operated. If the defendant has created only
a passive (not active) static condition, which made the damage possible, he is not liable.
Many courts have sought to distinguish between the active "cause" of the harm
and the existing "conditions" upon which that cause operated. If the defendant has
created only a passive static condition which made the damage possible, the defendant
is said not to be liable. But so far as the fact of causation is concerned, in the sense of
necessary antecedents which have played an important part in producing the result, it
is quite impossible to distinguish between active forces and passive situations,
particularly since, as is invariably the case, the latter are the result of other active forces
which have gone before. The defendant who spills gasoline about the premises creates a
"condition," but the act may be culpable because of the danger of fire. When a spark
ignites the gasoline, the condition has done quite as much to bring about the fire as the
spark; and since that is the very risk which the defendant has created, the defendant
will not escape responsibility. Even the lapse of a considerable time during which the
"condition" remains static will not necessarily affect liability; one who digs a trench in
the highway may still be liable to another who falls into it a month afterward. "Cause"
and "condition" still find occasional mention in the decisions; but the distinction is now
almost entirely discredited. So far as it has any validity at all, it must refer to the type of
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K. P. Dela Serna
case where the forces set in operation by the defendant have come to rest in a position
of apparent safety, and some new force intervenes. But even in such cases, it is not the
distinction between "cause" and "condition" which is important, but the nature of the
risk and the character of the intervening cause" (Phoenix Construction vs. IAC, G.R. No.
L-65295, March 10, 1987).
It is one that destroys the causal connection between the negligent act and injury
and thereby negatives liability. An intervening cause will not be regarded as the
proximate cause and the first cause as too remote, where the chain of events is so
broken that they become independent and the result cannot be said to be the
consequence of the primary cause. However, a cause is not an intervening cause if it is
already in operation at the time the negligent act is committed.
APPLICATION
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K. P. Dela Serna
A WAS ON HIS WAY HOME, AFTER A SHOT OR TWO OF LIQUOR IN A BIRTHDAY PARTY.
ON HIS WAY HOME AFTER CROSSING AN INTERSECTION, HIS CAR HEADLIGHTS SUDDENLY
FAILED. HE SWITCHED HIS HEADLIGHTS TO “BRIGHT”, AND THEN AND THERE, HE SAW A
DUMP TRUCK WHICH IS ABOUT 2 ½ METERS AWAY FROM HIS CAR. A TRIED TO AVOID A
COLLISION BY SWERVING HIS CAR TO THE LEFT BUT TO NO AVAIL. HIS CAR SMASHED INTO
THE DUMP TRUCK. WHO IS NEGLIGENT AND WHO IS THE IMMEDIATE AND PROXIMATE
CAUSE OF THE INJURY? (PHOENIX CONSTRUCTION, INC. VS. IAC, G.R. NO. 65295, MARCH
10, 1987)
Both were negligent but the immediate and proximate cause of the accident and
of A‘s injuries was the wrongful and negligent manner in which the truck was parked
or the truck driver‘s ―lack of due care.‖
The collision of A‘s car with the dump truck was a natural and foreseeable
consequence of the truck driver‘s negligence. The negligence of the truck driver, far
from being a ―passive and static condition‖ was an indispensable and efficient cause.
The accident would not have occurred were it not for the fact that it was parked askew
and without warning lights and reflector devices.
The improper parking of the dump truck created an unreasonable risk of injury
for anyone driving, and for having created this risk, the truck driver must be held
responsible.
A‘s negligence, although later in point of time than the truck driver‘s negligence,
is merely contributory and the damages therefore that he will recover is subject to
mitigation by the courts, in accordance with Article 2179 of the Civil Code.
On the issue of damages – In a suit for damages arising from a quasi-delict, where
the plaintiff‘s negligence was contributory, the demands of substantial justice may be
satisfied by allocating most of the damages on a 20-80 ratio.
1. 20% of the damages awarded by the appellate court shall be borne by the
plaintiff;
2. 80% shall be paid by the driver and his employer who shall be solidarily liable to
A; and
3. The award of exemplary damages shall be borne exclusively by the defendant
Phoenix.
If the proximate cause of the injury is the contributory negligence of the plaintiff,
there can be no recovery for damages (Taylor vs. Meralco, 16 Phil. 8)
A plaintiff is barred from recovering the damages for loss or injury caused by the
negligence of defendant only when plaintiff‘s negligence is the sole legal cause of the
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K. P. Dela Serna
damage, or the negligence of the plaintiff and some person or persons other that the
defendant or defendants was the sole cause of the damage.
If the plaintiff and the defendant are both at fault, the former may recover, but
the amount of his recovery may only be such proportion of the entire damage plaintiff
sustained as the defendant‘s negligence bears to the combined negligence of both the
plaintiff and the defendant. For example, when it is found that the plaintiff‘s negligence
is at least equal to that of the defendant, the amount awarded to the plaintiff should be
reduced by one-half from what it otherwise would have been entitled.
If the proximate cause of the injuries is still the negligence of the defendant,
despite the contributory negligence of the plaintiff, the latter can still recover damages
from the former. However, damages will be reduced due to the contributory negligence
of the plaintiff (Rakes vs. Atlantic, supra.)
The doctrine of proximate cause is applicable only for actions of quasi-delict, not
in actions involving breach of contract. The doctrine is a device for imputing liability to
a person where there is no relation between him and another party. In such a case, the
obligation is created by the law itself. But, where there is a pre-existing contractual
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K. P. Dela Serna
relation between the parties, it is the parties themselves who create the obligation, and
the function of the law is merely to regulate the relation thus created.
E. ARTICLE 2180
Article 2180. The obligation imposed by article 2176 is demandable not only for
one's own acts or omissions, but also for those of persons for whom one is responsible.
The father and, in case of his death or incapacity, the mother, are responsible for
the damages caused by the minor children who live in their company.
Guardians are liable for damages caused by the minors or incapacitated persons
who are under their authority and live in their company.
Employers shall be liable for the damages caused by their employees and
household helpers acting within the scope of their assigned tasks, even though the
former are not engaged in any business or industry.
The State is responsible in like manner when it acts through a special agent; but
not when the damage has been caused by the official to whom the task done properly
pertains, in which case what is provided in article 2176 shall be applicable.
Lastly, teachers or heads of establishments of arts and trades shall be liable for
damages caused by their pupils and students or apprentices, so long as they remain in
their custody.
The responsibility treated of in this article shall cease when the persons herein
mentioned prove that they observed all the diligence of a good father of a family to
prevent damage.
P.D. 603, ARTICLE 58. Torts– Parents and guardians are responsible for the
damage caused by the child under parental authority in accordance with the Civil Code.
The article provides that one is not only liable for his own quasi-delictual acts but
also for those persons for whom he is responsible under the law.
The basis of vicarious liability under Article 2180 is not respondeat superior, which
under American jurisprudence means that the negligence of the servant is conclusively
the negligence of the master. Rather, the basis of Article 2180 is the principle of pater
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K. P. Dela Serna
familias. The reason for the master‘s liability is negligence in the supervision of his
subordinates. The ―master‖, however, in pater familias under Article 2180 will be freed
from liability if he can prove that he had observed all the diligence of a good father of a
family to prevent the damage.
No, they are not exempt from personal responsibility. They may be sued and
made liable alone as when the person responsible for them or the vicarious obligor
proves that he exercised the diligence required of a good father of a family or when the
minor or insane person has no parents or guardians. In the latter instance, they are
answerable with their own property (Article 2182).
The phrase may be equated with ORDINARY CARE or that diligence which an
average or a reasonably prudent person exercises over his own affairs. This standard of
care is also referred to as that ―a man of ordinary prudence,‖ or ―a man using ordinary
care and skill.‖
The vicarious liability of the employer for the criminal negligence of his
employee is governed by Article 103 of the Revised Penal Code. The conviction of the
employee for criminal negligence conclusively binds the employer who is automatically
made subsidiarily liable, to answer for the damages awarded. The defense that the
employer exercised due diligence in the selection and supervision of the employee is
not available under said article.
Since the employer‘s civil liability is subsidiary, and not direct, his responsibility
will arise only if the employee cannot or is unable to pay the indemnity awarded.
Furthermore, his liability cannot be more than that of the employee. The employer
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K. P. Dela Serna
stands in the position of a guarantor. The injured party, however, can sue both at the
same time, although he has a choice of remedy either under the Revised Penal Code or
under Article 2180.
LIABILITY OF FATHER/MOTHER
WHAT ARE THE REQUISITES TO HOLD THE PARENTS LIABLE UNDER ARTICLE 2180?
1. The child is below 21 years;
2. The child committed a tortious act to the damage and prejudice of another
person; and
3. The child lives in the company of the parent concerned whether single or
married.
However, under the Family Code, this civil liability is now, without such
alternative qualification (Libi vs. IAC, 214 SCRA 16 [1992]). In other words, both parents
are primarily liable for the damages caused by their child.
Revised Penal Code, ARTICLE 101. Rules regarding civil liability in certain
cases. — The exemption from criminal liability established in subdivisions 1, 2, 3, 5 and 6
of article 12 and in subdivision 4 of article 11 of this Code does not include exemption
from civil liability, which shall be enforced subject to the following rules:
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K. P. Dela Serna
First. In cases of subdivisions 1, 2, and 3 of article 12, the civil liability for acts
committed by an imbecile or insane person, and by a person under nine years of age, or
by one over nine but under fifteen years of age, who has acted without discernment, shall
devolve upon those having such person under their legal authority or control, unless it
appears that there was no fault or negligence on their part.
Should there be no person having such insane, imbecile or minor under his
authority, legal guardianship, or control or if such person be insolvent, said insane,
imbecile, or minor shall respond with their own property, excepting property exempt
from execution, in accordance with the civil law.
Second. In cases falling within subdivision 4 of article 11, the persons for whose
benefit the harm has been prevented shall be civilly liable in proportion to the benefit
which they may have received.
The courts shall determine, in their sound discretion, the proportionate amount
for which each one shall be liable.
Third. In cases falling within subdivisions 5 and 6 of article 12, the persons using
violence or causing the fear shall be primarily liable and secondarily, or, if there be no
such persons, those doing the act shall be liable, saving always to the latter that part of
their property exempt from execution.
Minors in the said article refer to those who are below twenty-one and not
to those below 18 years. The law reducing the majority from 21 to 18 years did
not amend these paragraphs. Article 236 of the Family Code as amended by R.A.
No. 6809 provides –
ARTICLE 236. Emancipation shall terminate parental authority over the person
and property of the child who shall then be qualified and responsible for all acts of civil
life, save the exceptions established by existing laws in special cases.
Contracting marriage shall require parental consent until the age of twenty one.
If the child is illegitimate and acknowledged by the father and lives with
the latter, the father shall be responsible. However, an illegitimate child who is
not recognized by the putative father but is under the custody and supervision of
the mother, it is the latter who is vicariously liable.
IS THE FATHER LIABLE FOR DAMAGES FOR THE CRIME OF HIS MINOR SON WHO IS
ALREADY MARRIED BUT LIVING WITH AND RECEIVING SUPPORT FROM HIM?
Yes. The marriage of a minor child, while still a minor, does not relieve the
parents of the duty to see to it that the child, while still a minor, does not give cause to
any litigation, in the same manner that the parents are answerable for the borrowings of
money and alienation or encumbering of real property which cannot be done by their
minor married child without their consent (Elcano vs. Hill, 77 SCRAS 100).
2) LIABILITY OF GUARDIANS
The vicarious liability of the guardians with respect to their wards is governed
by the same rule as in the liability of parents with respect to their children below
twenty-one and who live with them.
If the ward has two (2) guardians, one over his person and the other over his
property, only the former shall be liable because he is under obligation to supervise the
personal acts of the ward.
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The terms ―owners and managers‖ (par. 4) and ―employer‖ (par. 5) do not
include the manager of a corporation. The term manager (―director‖ in the Spanish
version) is used in the sense of ―employer‖. Thus, a mere manager, who does not own
the business is not to be considered an employer because he is just an employee.
However, a manager who is not an owner but who assumes the responsibility if
supervision over the employees of the owner may be held liable for the acts of the
employees.
The existence of employer-employee relationship must be established by the
plaintiff ―in a satisfactory manner‖. It cannot be presumed.
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K. P. Dela Serna
One who hires an independent contractor but controls the latter‘s work us
responsible also for his negligence. Also, negligence of a professor is negligence of the
school.
The liability of the employer is primary and solidary with the employee although
the former can recover from the latter whatever it pays to the plaintiff (Article 2180)
The responsibility of the owner and manager is only with respect to damages
caused by their employees in the service of the branches or on the occasion of their
functions, and not with respect to acts of strangers who committed unauthorized acts
and in doing so, caused damages to others. The same thing is true with respect to the
employer in relation to the unauthorized acts of strangers.
WHAT ARE THE REQUISITES IN ORDER THAT AN EMPLOYER MAY BE LIABLE UNDER
PAR. 4?
WHAT ARE THE REQUISITES IN ORDER THAT AN EMPLOYER MAY BE LIABLE UNDER
PAR. 5?
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K. P. Dela Serna
1. The act was committed by employees and household helpers (including family
cooks, gardeners, yayas, servants, etc.);
2. The said act was committed while they were acting within their assigned tasks;
3. Damage was caused as a result of said act.
Note that to be exempt from liability, the employer must establish that he
exercised due care not only in the selection but also in the supervision of the employee.
The injured party has two (2) options in pursuing the civil liability of the
employer for the acts of his employee:
A. If he chooses to file a civil action for damages based on quasi-delict under article
2180 and succeeds in proving the negligence of the employee, the liability of the
employer is primary, direct and solidary. It is not conditioned on the insolvency
of the employee.
B. If he chooses to file a criminal case against the offender and the offender was
found guilty beyond reasonable doubt, the civil liability of the employer is
subsidiary. The employer cannot use as a defense the exercise of the diligence of
a good father of a family.
The judgment in the criminal action pronouncing the employee to be also civilly
liable is conclusive on the employer not only as to the actuality of that liability
but also as to the amount.
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K. P. Dela Serna
Once there is conviction for a felony, final in character, the employer under
Article 103 of the Revised Penal Code, is subsidiarily liable, if it be shown that
the commission thereof was in the discharge of the duties of the employee. And a
previous dismissal of an action based on culpa aquiliana could not be a bar to the
enforcement of the subsidiary liability required by said Article 102 of the Penal
Code.
WHAT ARE THE REQUISITES SO THAT THE SUBSIDIARY LIABILITY OF THE EMPLOYER
MAY BE ENFORCED?
The employer who is made liable may seek reimbursement from his employee
for the amount he paid to the offended party for the satisfaction of the claim.
WHAT ARE THE TWO ACTS OF THE STATE THAT MAY GIVE RISE TO LIABILITY?
By special agent is meant one specifically commissioned to carry out the acts
complained of outside of such agent‘s regular duties. He is one who receives definite
and fixed order or commission, foreign to the exercise of the duties of his office if he is a
special official.
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Under the meaning of paragraph 6 of Article 2180, the word official comprises all
officials and employees of the government who exercise duties of their respective public
offices. All others who are acting by commission of the government belong to the class
of special agents, whether individual or juridical bodies.
In qualifying the special agent with the adjective ―special‖, the Civil Code aimed
at distinguishing it from the regular or ordinary agent of government, which refers to
all officers and employees in public service.
Under Article 2180 (par. 6), the state has voluntarily assumed liability for acts
done through special agent if:
1. The state‘s agent is a public official, who must not only be especially
commissioned to do a particular task but such task must be foreign to said
official‘s usual governmental functions.
2. The state commissioned a private individual to perform a special governmental
task (Fontanilla vs. Maliamen).
WHEN IS THE PUBLIC OFFICER OR OFFICIAL PERSONALLY LIABLE FOR HIS ACTS?
Since the state authorizes only legal acts by its officers, the state shall not be
liable and an action against the officials or officers by one whose rights have been
invaded or violated by such acts, for the protection of his rights, is not a suit against the
state within the rule of immunity of the state from suit for:
Where the parent places a child under the effective authority of the teacher, the
latter together with the school head (and the school itself for the fault of the teacher and
head), not the parent, should be the one answerable for the torts committed while under
their custody, for the very reason that the parent is not supposed to interfere with the
authority and supervision of the teacher while the child is under instructions.
WHAT DOES THE PHRASE “AS LONG AS THEY REMAIN IN THEIR CUSTODY” MEAN?
The phrase was held to contemplate a situation where the pupil lives and boards
with the teacher such that the control and influence over the conduct and actions of the
pupil would pass from the father to the teacher, and so would the responsibility for the
torts of the pupil (Mercado vs. CA, 108 Phil. 414).
The student is in the custody of the school authorities as long as he is under the
control and influence of the school and within its premises, whether the semester has
not yet begun or has already ended (Amadora vs. CA, 160 SCRA 315). Under Article 218
of the Family Code, custody extends to activities even outside the premises as long as
they are ―authorized activities‖.
It is not necessary that at the time of the injury the teacher be physically present
and at the position to prevent it. Custody does not connote immediate and actual
physical control but it refers more to the influence exerted on the child and the
discipline instilled in him as a result of such influence.
Thus, unlike the parent, who will be liable only if the child is still a minor, the
teacher is held answerable by the law for the act of the student under him regardless of
the age of the student. Article 2180 treats the parents more favorably than the teacher.
However, the teacher‘s control is not as plenary as when the student is a minor;
but the circumstances can only affect the degree of the responsibility but cannot negate
the existence thereof. It is only a factor to be appreciated in determining whether or not
the defendant has exercised due diligence in endeavoring to prevent the injury, as
prescribed in the last paragraph of Article 2180 (Palisoc vs. Brillantes, supra).
UNDER THE FAMILY CODE, WHAT IS THE RULE WITH RESPECT TO MINORS?
ARTICLE 218. The school, its administrators and teachers, or the individual,
entity or institution engaged in child care shall have special parental authority and
responsibility over the minor child while under their supervision, instruction or custody.
ARTICLE 219. Those given the authority and responsibility under the
preceding Article shall be principally and solidarily liable for damages caused by the acts
or omissions of the unemancipated minor. The parents, judicial guardians or the persons
exercising substitute parental authority over said minor shall be subsidiarily liable.
The respective liabilities of those referred to in the preceding paragraph shall not
apply if it is proved that they exercised the proper diligence required under the
particular circumstances. cda
All other cases not covered by this and the preceding articles shall be governed
by the provisions of the Civil Code on quasi-delicts. (n)
20 ARTICLE 216 (Family Code). In default of parents or a judicially appointed guardian, the
following persons shall exercise substitute parental authority over the child in the order indicated: cd i
(1) The surviving grandparent, as provided in Art. 214;
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There is really no substantial distinction between the academic and the non-
academic schools insofar as torts committed by their students are concerned. The same
vigilance is expected from the teacher over the students under his control and
supervision, whatever the nature of the school where he is teaching (Amadora vs CA).
WHAT IS THE RIGHT OF THE PERSONS ENUMERATED IN ARTICLE 2180 WHO PAID FOR
THE DAMAGE CAUSED BY THEIR DEPENDENTS OR EMPLOYEES?
ARTICLE 2181. Whoever pays for the damage caused by his dependents or
employees may recover from the latter what he has paid or delivered in satisfaction of
the claim. (1904)
(2) The oldest brother or sister, over twenty-one years of age, unless unfit or disqualified; and
(3) The child's actual custodian, over twenty-one years of age, unless unfit or disqualified.
Whenever the appointment of a judicial guardian over the property of the child becomes necessary, the
same order of preference shall be observed. (349a, 351a, 354a)
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ARTICLE 2182. If the minor or insane person causing damage has no parents or
guardian, the minor or insane person shall be answerable with his own property in an
action against him where a guardian ad litem shall be appointed. (n)
G. STRICT LIABILITY
WHAT ARE THE INSTANCES UNDER THE CIVIL CODE WHERE THERE IS STRICT
LIABILITY?
ARTICLE 2183. The possessor of an animal or whoever may make use of the same is
responsible for the damage which it may cause, although it may escape or be lost. This
responsibility shall cease only in case the damage should come from force majeure or from the
fault of the person who has suffered damage. (1905)
not in his possession for having escaped or gone astray, and for this reason, it
does not admit in this class of damages, unlike in damages caused by a person
other than the one responsible, evidence of diligence of a good father of a family.
ARTICLE 2193. The head of a family that lives in a building or a part thereof, is
responsible for damages caused by things thrown or falling from the same. (1910a)
It is evident in Article 2193 that the liability is absolute. It does not indicate
a presumption or admit proof of care.
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Unlike Article 2183, the provision does not exempt cases involving force
majeure.
The nature of the liability of the head of the family is both absolute and
exclusive. It is absolute in the sense that as long as he is head of the family that
lives in the building or part thereof like a rented room, he is liable even if he is
not present at the time of the incident. It is exclusive in the sense that it is only
the head of the family who is made liable.
a) To compel the head of the family to see to it that no dangerous things are
placed on the window sills and other parts of their dwelling place which may
be thrown or fall by accident;
b) To compel him to supervise the members of the family or guests from doing
acts or activities which may result in the throwing or falling of things from
their house or place of dwelling;
c) To relieve the victim of the difficult burden of identifying the persons who
caused the throwing or falling of the injurious thing.
The head of the family is usually the father; in his absence, the mother. A
single person may also be the head of the family if he is the one supporting his
family which may include as members, adopted children, unemployed parents,
brothers and sisters.
The term ―head of the family‖ is not limited to the owner of the building
and it may even include the lessee thereof (Dingcong vs. Kanaan, 72 Phil. 14).
WHAT IS THE REMEDY OF THE HEAD OF THE FAMILY WHO MAY HAVE BEEN
OBLIGED TO PAY INDEMNITY TO THE INJURED PARTY?
The head of the family who may have been obliged to pay indemnity to
the injured party may recover from the person responsible for the damage. Their
liability is solidary (Article 2194).
ARTICLE 1711. Owners of enterprises and other employers are obliged to pay
compensation for the death of or injuries to their laborers, workmen, mechanics or other
employees, even though the event may have been purely accidental or entirely due to a
fortuitous cause, if the death or personal injury arose out of and in the course of the employment.
The employer is also liable for compensation if the employee contracts any illness or disease
caused by such employment or as the result of the nature of the employment. If the mishap was
due to the employee's own notorious negligence, or voluntary act, or drunkenness, the employer
shall not be liable for compensation. When the employee's lack of due care contributed to his
death or injury, the compensation shall be equitably reduced.
The language of the provision indicates that the same is strict liability
because liability exists even if the cause if purely accidental.
There is strict liability in Article 2187 because it imposes liability for death
or injury without fault or negligence on the part of the manufacturers and
processors and without privity of contract between them and the consumers.
WHAT ARE THE REQUISITES FOR STRICT LIABILITY UNDER THIS ARTICLE?
The plaintiff has the burden of proof that at the time the product left the
hands of the defendant, the product was in a defective or injurious condition.
Otherwise, his case will fall.
F. OTHER PROVISIONS
ARTICLE 2184. In motor vehicle mishaps, the owner is solidarily liable with his driver, if
the former, who was in the vehicle, could have, by the use of the due diligence, prevented the
misfortune. It is disputably presumed that a driver was negligent, if he had been found guilty of
reckless driving or violating traffic regulations at least twice within the next preceding two
months. cd i
If the owner was not in the motor vehicle, the provisions of article 2180 are applicable. (n)
ARTICLE 2185. Unless there is proof to the contrary, it is presumed that a person driving
a motor vehicle has been negligent if at the time of the mishap, he was violating any traffic
regulation. (n)
ARTICLE 2186. Every owner of a motor vehicle shall file with the proper government
office a bond executed by a government-controlled corporation or office, to answer for damages
to third persons. The amount of the bond and other terms shall be fixed by the competent public
official. (n)
Article 2184 refers to owners of vehicles who are not included in the terms
of Article 2180 as ―owners of an establishment or enterprise‖ (De Leon Brokerage
Co., Inc. vs. Court of Appeals, 4 SCRA 517). It is intended to cover only owners of
motor vehicles for private use. It is generally not applicable to motor vehicles for
public use and convenience because the operator thereof, usually a corporation,
cannot, in the very nature of things, be in the motor vehicle at the time of mishap.
However, if the manager of the bus company was in the bus at the time of the
mishap, Article 2184 may be applied by analogy (Corpus vs. Paje, 28 SCRA 1062).
Article 2184 applies if the owner was in the vehicle at the time of the
mishap; otherwise, the provisions of Article 2180 would be applicable (par. 2)
where the owner even if he was not in the vehicle would be liable unless he
exercised due diligence to prevent the damage.
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If the causative factor was the driver‘s negligence, the owner of that car,
who was present, is likewise held liable if he could have prevented the mishap
by the exercise of due diligence. Negligence under Article 2184 is, to a certain
degree, necessarily subjective (Caedo vs. Yu Khe Tai, 26 Phil. 410). The owner
should not be held liable for the negligence of a competent driver, if by the
sudden act of negligence, the owner could not have a reasonable opportunity to
prevent the act or its continuance (Chapman vs. Underwood, 27 Phil. 374; Johnson
vs. David, 5 Phil. 663).
The rationale for the inclusion of Articles 2184 to 2186 is ―to cope with the
alarming increase of vehicular mishaps.
WHAT IS THE TEST OF NEGLIGENCE OF THE CAR OWNER UNDER THE ARTICLE?
The law does not require that a person must possess a certain measure of
skill or proficiency either in the mechanics of driving or in the observance of
traffic rules before he may own a motor vehicle. The test of his negligence, within
the meaning of Article 2184, is his omission to do that which the evidence of his
own senses tells him he should do in order to avoid the accident. And as far as
perception is concerned, absent a minimum level imposed by law, a maneuver
that appears to be fraught with danger to one passenger may appear to be
entirely safe and commonplace to another.
ARTICLE 2188. There is prima facie presumption of negligence on the part of the
defendant if the death or injury results from his possession of dangerous weapons or substances,
such as firearms and poison, except when the possession or use thereof is indispensable in his
occupation or business. (n)
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ARTICLE 2189. Provinces, cities and municipalities shall be liable for damages for the
death of, or injuries suffered by, any person by reason of the defective condition of roads, streets,
bridges, public buildings, and other public works under their control or supervision. (n)
Article 2189 does not require the defective roads, streets, etc. to belong to
the province, city or municipality for liability to attach. It only requires that
either control or supervision is exercised over the road, street, etc. (Guilatco vs.
City of Dagupan, 171 SCRA 382).
ARTICLE 2190. The proprietor of a building or structure is responsible for the damages
resulting from its total or partial collapse, if it should be due to the lack of necessary repairs.
(1907) aisa dc
(1) By the explosion of machinery which has not been taken care of with due
diligence, and the inflammation of explosive substances which have not been kept in a safe and
adequate place;
(2) By excessive smoke, which may be harmful to persons or property;
(3) By the falling of trees situated at or near highways or lanes, if not caused by force
majeure;
(4) By emanations from tubes, canals, sewers or deposits of infectious matter,
constructed without precautions suitable to the place. (1908)
ARTICLE 2192. If damage referred to in the two preceding articles should be the result of
any defect in the construction mentioned in article 1723, the third person suffering damages may
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proceed only against the engineer or architect or contractor in accordance with said article, within
the period therein fixed. (1909)
If the proprietor does not comply with this obligation, the administrative authorities may
order the demolition of the structure at the expense of the owner, or take measures to insure
public safety. (389a) acd
If any of the four (4) enumerated events occurred, the proprietor of the
machinery, not necessarily of the owner of the tenement where it is located, is
presumed negligent. He has to overcome the presumption with sufficient
evidence to avoid responsibility.
ARTICLE 1723. The engineer or architect who drew up the plans and specifications for a
building is liable for damages if within fifteen years from the completion of the structure, the
same should collapse by reason of a defect in those plans and specifications, or due to the defects
in the ground. The contractor is likewise responsible for the damages if the edifice falls, within
the same period, on account of defects in the construction or the use of materials of inferior
quality furnished by him, or due to any violation of the terms of the contract. If the engineer or
architect supervises the construction, he shall be solidarily liable with the contractor. cda
Acceptance of the building, after completion, does not imply waiver of any of the causes
of action by reason of any defect mentioned in the preceding paragraph.
The action must be brought within ten years following the collapse of the building. (n)
ARTICLE 2194. The responsibility of two or more persons who are liable for quasi-delict
is solidary. (n) aisa dc
NUISANCE
ARTICLE 694. A nuisance is any act, omission, establishment, business, condition of property,
or anything else which:
ARTICLE 695. Nuisance is either public or private. A public nuisance affects a community or
neighborhood or any considerable number of persons, although the extent of the annoyance, danger or
damage upon individuals may be unequal. A private nuisance is one that is not included in the foregoing
definition. cda
ARTICLE 696. Every successive owner or possessor of property who fails or refuses to abate a
nuisance in that property started by a former owner or possessor is liable therefor in the same manner as
the one who created it.
ARTICLE 697. The abatement of a nuisance does not preclude the right of any person injured to
recover damages for its past existence.
ARTICLE 698. Lapse of time cannot legalize any nuisance, whether public or private.
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ARTICLE 702. The district health officer shall determine whether or not abatement, without
judicial proceedings, is the best remedy against a public nuisance.
ARTICLE 703. A private person may file an action on account of a public nuisance, if it is
specially injurious to himself.
ARTICLE 704. Any private person may abate a public nuisance which is specially injurious to
him by removing, or if necessary, by destroying the thing which constitutes the same, without
committing a breach of the peace, or doing unnecessary injury. But it is necessary:
(1) That demand be first made upon the owner or possessor of the property to abate the nuisance;
(2) That such demand has been rejected;
(3) That the abatement be approved by the district health officer and executed with the assistance of
the local police; and cda
(4) That the value of the destruction does not exceed three thousand pesos.
ARTICLE 706. Any person injured by a private nuisance may abate it by removing, or if
necessary, by destroying the thing which constitutes the nuisance, without committing a breach of the
peace or doing unnecessary injury. However, it is indispensable that the procedure for extrajudicial
abatement of a public nuisance by a private person be followed.
ARTICLE 707. A private person or a public official extrajudicially abating a nuisance shall be
liable for damages:
It is based on the old adage or golden rule: ―Do not do unto others, what others
don‘t do unto you,‖ and the Latin maxim: Sic uture tu ut alterium non laedas” (So use
your property as not to injure others.
1. Article 19: ―Every must, in the exercise of his rights and in the performance of his
duties, act with justice, give everyone his due, and observe honesty and good
faith.‖
2. Article 20: ―Every person, contrary to law, willfully or negligently causes damage
to another, shall indemnify the latte for the same.‖
3. Article 21: ―Any person who willfully causes loss or injury to another in a
manner that is contrary to morals, good customs, or public policy shall
compensate the latter for the damage.‖
1. Article 19 declares a principle of law and Article 21 gives flesh to its provisions,
while Article 20 speaks of the general sanction for all other provisions of law
which do not especially provide for their own sanction;
2. There is a common element under Articles 19 and 21, that is, the act must be
intentional, however, Article 20 does not distinguish, in that the act may be done
either willfully or negligently;
3. Under any of the three articles, an act which causes injury to another may be
made the basis for an award of damages;
4. Under Article 21, the act is contrary to morals, good customs or public policy; in
Article 21, the act is contrary to law. Under Article 21, the act is done willfully, in
Article 20, the act is done either willfully or negligently.
ARTICLE 19
The article sets standards which may be observed not only in the exercise of
one‘s rights but also in the performance of one‘s duties. These standards are: a) to act
with justice, b) to give everyone his due; and c) to observe honesty and good faith.
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Article 19 rejects the classical and traditional theory that ―he who uses a right
injures no one.‖
Article 19 lays down a rule of conduct for the regulation of human relations and
for the maintenance of social order. It does not provide a remedy for its violation.
Generally, an action for damages under either Articles 20 and 21 would be proper
[(Globe Mackay vs/ CA, 176 SCRA 778 (1989).]
Exercise of right. The exercise of rights must be done within certain limits.
a. Intrinsic limitations – that which emanate from the right itself, that is, from its
nature and purpose.
b. Extrinsic limitations which are the following:
5. Limitations imposed by the economic and social ends for the right which require
the holder of the right to exercise it in accordance with the end for which it was
granted or created.
IN WHAT ARTICLES IS “ACTING WITH JUSTICE AND GIVING ANOTHER HIS DUE”
ELABORATED?
ARTICLE 20
This article punishes illegal acts whether done willfully or negligently. The
article is broad enough to cover all legal (not moral) wrongs in violation of law, whether
willfully or negligently. Thus, in the law of torts or quasi-delict – ―Whoever by act or
omission causes damages to another, there being fault or negligence, is obliged to pay
for the damage done.― (Article 2176) It embraces the Spanish-Philippine concept of
quasi-delict which is based on negligence and the tort in Anglo-Amercian jurisprudence
which is based on malice.
This article serves as a sanction to all violations of right which cause damage to
another irrespective of whether the particular law that is violated provides for damages
or not. The rule in Article 20 compliments the principle of abuse of rights enumerated in
Article 19.
The conduct may be both a crime and a quasi-delict. Any person who willfully or
negligently causes damage to another in his person, his property, or in any right shall
be obliged to indemnify the latter. A felony may be committed by means of deceit or by
means of fault or negligence (Article 3, Revised Penal Code). If the fault or negligence does
not constitute a penal offense, the actor is liable only for quasi-delict under Article 2176.
In either case, it is essential that the act is voluntary for the obligation to indemnify to
arise.
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ARTICLE 21
Article 21 seeks to remedy the ―countless gaps in the statutes, which leave so may
victims of moral wrongs helpless, even though they have actually suffered material and
moral injury.
Under this article, damages are recoverable even though no positive law was
violated.
The defendant would be liable for all forms of sexual assault. These include the
crimes defined under the Revised Penal Code as rape, acts of lasciviousness and
seduction.
3. Desertion by a spouse
A spouse has a legal obligation to live with his or her spouse. If a spouse does
not perform his or her duty to the other, he may be held liable for damages for such
omission because the same is contrary to law, morals and good customs.
Liability for damages under the provisions of the revised Penal Code and the
Civil Code requires intent or bad faith.
7. Illegal dismissal
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The exercise of the right to terminate must be consistent with the general
principles provided for under Articles 19 and 21. If there is non-compliance with the
said articles, the employer may be held liable for damages.
8. Malicious prosecution
A tort action for malicious prosecution has been defined as ―An action for
damages brought by one against another whom a criminal prosecution, civil suit, or
other legal proceedings has been instituted maliciously and without probable cause,
after the termination of such prosecution, suit or proceeding in favor of the defendant
therein.
The statutory bases of the action are not only Articles 19, 20 and 21 but also
Articles 26, 32, 33 35, 2217 and 2219(8) of the Civil Code.
a. The fact of the prosecution and the further fact that the defendant was himself
the prosecutor,
b. That the action was finally terminated with an acquittal;
c. That in bringing the action, the prosecutor acted without probable cause;
d. The prosecutor was actuated or impelled by legal malice.
IN ORDER FOR THE MALICIOUS PROSECUTION SUIT TO PROSPER, WHAT MUST THE
PLAINTIFF PROVE?
a. The fact of the prosecution and the further fact that the defendant was himself
the prosecutor, and that the action finally terminated with an acquittal;
b. That in bringing the action, the prosecutor acted without probable cause; and
c. That the prosecutor was actuated or impelled by legal malice, that is by
improper or sinister motive. (Lao v. Court of Appeals, 199 SCRA 58 [1991];
Rehabilitation Finance Corporation v. Koh, 4 SCRA 535 [1962]; Buchanan v.
Viuda de Esteban, 32 Phil. 363 [1915])
must both exist in order to justify the action." (see also Rehabilitation Finance Corp. v.
Koh, supra)
Probable cause is the existence of such facts and circumstances as would excite
the belief, in a reasonable mind, acting on the facts within the knowledge of the
prosecutor, that the person charged was guilty of the crime (or in this case, the
wrongdoing) for which he was prosecuted. (See Buchanan v. Viuda de Esteban, supra).
The general rule is well settled that one cannot be held liable in damages for
maliciously instituting a prosecution where he acted with probable cause. In other
words, a suit will lie only in cases where a legal prosecution has been carried on
without probable cause. (Id.)
9. Public humiliation
Article 23: ―Even when an ac or event causing damage to another‘s property was
not due to the fault or negligence of the defendant, the latter shall be liable for
indemnity if through the act or event was benefited.‖
5. Human Dignity
TORTS THAT INVOLVE THE RIGHT OF A PERSON TO DIGNITY, PRIVACY AND PEACE OF
MIND
Article 26 – ―Every person shall respect the dignity, personality, privacy and
peace if mind of his neighbors and other persons. The following and other similar acts,
though they may not constitute a criminal offense shall produce a cause of action for
damages, prevention and other relief:
Scope:
6. Public Officers
7. Unfair Competition
i. Agricultural enterprises
ii. Commercial enterprises
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b. Examples
WHAT ARE THE REASONS OF THE PROVISION IN ALLOWING THE FILING OF A CIVIL
ACTION FOR DAMAGES EVEN THOUGH THE ACCUSED HAS BEEN ACQUITTED ON REASONABLE
DOUBT?
a. The reason is found in Article 2177 which states that responsibility for
fault or negligence is entirely separate and distinct form the civil
liability arising form negligence under the penal code but the plaintiff
cannot recover damages twice for the same act or omission of the
defendant.
b. Also, under the Revised Penal Code, a person criminally liable is also
civilly liable (Article 100). The two liabilities are separate and distinct
form each other; the criminal aspect affects social order; the civil,
private rights. One is for the punishment or correction of the offender,
while the other is for reparation of damages suffered by the aggrieved
party.
(a) When the accused is acquitted on the ground that he did not
commit the act, or
(b) That no crime was committed, or
(c) Because he is justified or exempt from criminal liability,
If however, a criminal action is instituted while the civil action is pending, the
civil action will be suspended until final judgment in the criminal case has
been rendered.
As in Article 29, this article does not speak of an independent civil action.
Article 31 – ―When the civil action is based on an obligation not arising from the
act or omission complained of as a felony, such civil action may proceed independently
of the criminal proceedings and regardless of the result of the later.‖
This article refers to a civil action based not on the act or omission charged as a
felony in a criminal case, but to one based on an obligation arising from other sources,
such as law or contract (Example: Breach of contract of carriage. Reason: The civil action
based on contractual liability of a common carrier is distinct from the criminal action
instituted against the carrier or its employee based on the latter‘s negligence).
Note that the bringing of the independent civil action is permissive, not
compulsory
The dismissal of the civil action cannot constitute a bar to the criminal suit for the
two actins are entirely distinct from each other, and may therefore be litigated
independently.
What are the general rules in institution of criminal and civil actions?
When a criminal action is instituted, the civil action for the recovery of
civil liability arising from the offense charged shall be deemed instituted
with the criminal action unless :
When the civil action has been filed separately and trial thereof has not yet
commenced, it may be consolidated with the criminal action upon
application with the court trying the latter case. If the application is
granted, the trial of both actions shall proceed in accordance with section 2
of this Rule governing consolidation if the criminal and civil action.
After the criminal action has been commenced, the separate civil action
arising therefrom cannot be instituted until final judgment has been
entered in the criminal action.
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If the criminal action is filed after the said civil action has already been
instituted, the latter shall be suspended in whatever stage it may be found
before judgment on the merits. The suspension shall last until final
judgment is rendered in the criminal action. Nevertheless, before
judgment on the merits is rendered in the civil action, the same may, upon
motion of the offended party, be consolidated with the criminal action in
the court trying the criminal action. [Section 2, Ibid.]
In the cases provided in Articles 32, 33, 34 and 2176 of the Civil
Code, the independent civil action may be brought by the offended
party. It shall proceed independently of the criminal action and
shall require only a preponderance of evidence. In no case,
however, may the offended party recover damages twice for the
same act or omission charged in the criminal action. [Section 3,
Ibid.]
Prior to the case of Roa vs. De la Cruz (101 Phil. 8), it was held that
where the law authorizes a separate and independent civil action,
there was no need for making a reservation, however, in
subsequent cases, the Supreme Court has decided that reservation
is needed because of the specific provision of Section 3, Rule 111
requiring such reservation to be made even where the law provides
for independent civil actions.
a. Article 21 [Supra]
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Where a public officer is charged with violation of any of the basic rights
of an individual provided for in this article, it is deemed that the action is
against him in his private capacity and not a suit against the state which
requires its consent.
c. Article 33 – ―In cases of defamation, fraud, and physical injuries, a civil action for
damages, entirely separate and distinct from the civil action, may be brought by
the injured party. Such civil action shall proceed independently of the criminal
prosecution, and shall require only a preponderance of evidence.
DAMAGES
1. Actual or compensatory;
2. Moral;
3. Nominal;
4. Temperate or moderate;
5. Liquidated; or
6. Exemplary or corrective.
Article 2206 applies in case of death caused by breach of contract by the common
carrier (Article 1764). It fixes the minimum indemnity for death at P____ which the
courts may increase according to circumstances. It is in fixing a greater amount of
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indemnity that courts may consider the financial capacity of the common carrier, along
with such other factors as:
In awarding compensatory damages, the age of the plaintiff, his expected life
span, and his earning capacity within that life span must be taken into consideration.
Thus, the fact that the plaintiff was only in his twenties, when through the negligence of
the defendant, he lost the use of his limbs, being condemned for the remainder of his
life to be a paralytic, in effect leading a maimed, well-nigh useless existence, were taken
into account in fixing compensatory damages (Marchan vs. Mendoza, 24 SCRA 889).
In determining the number of years on the basis of which the damages shall be
computed and the rate which the losses sustained by said heirs should be fixed, the
following formula was adopted in the American Expectancy Table of Mortality or the
actual Combined Experience Table of Mortality:
Thus, the life expectancy of the passenger who died when he was over 29 years
of age (or around 30 for purposes of computation) was placed at 33 1/3 years, following
the foregoing formula (Villa Rey Transit, Inc. vs. Court of Appeals, 31 SCRA 514). And
where the passenger was 37 years old when he died, he had a life expectancy of 28 2/3
more years (Fortune Express, Inc. vs. Court of Appeals, G.R. No. 119756, March 18, 1999).
Actual damages are adequate compensation for pecuniary loss suffered and
proved. It includes attorney‘s fees.
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ARTICLE 2200. Indemnification for damages shall comprehend not only the value of the loss
suffered, but also that of the profits which the obligee failed to obtain. (1106)
ARTICLE 2201. In contracts and quasi-contracts, the damages for which the obligor who acted in
good faith is liable shall be those that are the natural and probable consequences of the breach of the
obligation, and which the parties have foreseen or could have reasonably foreseen at the time the
obligation was constituted.
In case of fraud, bad faith, malice or wanton attitude, the obligor shall be responsible for all
damages which may be reasonably attributed to the non-performance of the obligation. (1107a)
ARTICLE 2202. In crimes and quasi-delicts, the defendant shall be liable for all damages which
are the natural and probable consequences of the act or omission complained of. It is not necessary that
such damages have been foreseen or could have reasonably been foreseen by the defendant. cdasia
ARTICLE 2203. The party suffering loss or injury must exercise the diligence of a good father of a
family to minimize the damages resulting from the act or omission in question.
(1) For loss or impairment of earning capacity in cases of temporary or permanent personal injury;
(2) For injury to the plaintiff's business standing or commercial credit.
ARTICLE 2206. The amount of damages for death caused by a crime or quasi-delict shall be at
least three thousand pesos, even though there may have been mitigating circumstances. In addition:
(1) The defendant shall be liable for the loss of the earning capacity of the deceased, and the
indemnity shall be paid to the heirs of the latter; such indemnity shall in every case be assessed and
awarded by the court, unless the deceased on account of permanent physical disability not caused by the
defendant, had no earning capacity at the time of his death;
(2) If the deceased was obliged to give support according to the provisions of article 291, the
recipient who is not an heir called to the decedent's inheritance by the law of testate or intestate
succession, may demand support from the person causing the death, for a period not exceeding five
years, the exact duration to be fixed by the court;
(3) The spouse, legitimate and illegitimate descendants and ascendants of the deceased may demand
moral damages for mental anguish by reason of the death of the deceased. cdtai
ARTICLE 2207. If the plaintiff's property has been insured, and he has received indemnity from
the insurance company for the injury or loss arising out of the wrong or breach of contract complained of,
the insurance company shall be subrogated to the rights of the insured against the wrongdoer or the
person who has violated the contract. If the amount paid by the insurance company does not fully cover
the injury or loss, the aggrieved party shall be entitled to recover the deficiency from the person causing
the loss or injury.
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ARTICLE 2208. In the absence of stipulation, attorney's fees and expenses of litigation, other than
judicial costs, cannot be recovered, except:
In all cases, the attorney's fees and expenses of litigation must be reasonable.
ARTICLE 2209. If the obligation consists in the payment of a sum of money, and the debtor
incurs in delay, the indemnity for damages, there being no stipulation to the contrary, shall be the
payment of the interest agreed upon, and in the absence of stipulation, the legal interest, which is six per
cent per annum. (1108) casia
ARTICLE 2210. Interest may, in the discretion of the court, be allowed upon damages awarded
for breach of contract.
ARTICLE 2211. In crimes and quasi-delicts, interest as a part of the damages may, in a proper
case, be adjudicated in the discretion of the court.
ARTICLE 2212. Interest due shall earn legal interest from the time it is judicially demanded,
although the obligation may be silent upon this point. (1109a)
ARTICLE 2213. Interest cannot be recovered upon unliquidated claims or damages, except when
the demand can be established with reasonable certainty.
ARTICLE 2214. In quasi-delicts, the contributory negligence of the plaintiff shall reduce the
damages that he may recover.
ARTICLE 2215. In contracts, quasi-contracts, and quasi-delicts, the court may equitably mitigate
the damages under circumstances other than the case referred to in the preceding article, as in the
following instances: cdtai
(1) That the plaintiff himself has contravened the terms of the contract;
(2) That the plaintiff has derived some benefit as a result of the contract;
(3) In cases where exemplary damages are to be awarded, that the defendant acted upon the advice
of counsel;
(4) That the loss would have resulted in any event;
(5) That since the filing of the action, the defendant has done his best to lessen the plaintiff's loss or
injury.
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ARTICLE 2216. No proof of pecuniary loss is necessary in order that moral, nominal, temperate,
liquidated or exemplary damages, may be adjudicated. The assessment of such damages, except
liquidated ones, is left to the discretion of the court, according to the circumstances of each case. cda
MORAL DAMAGES
ARTICLE 2217. Moral damages include physical suffering, mental anguish, fright, serious
anxiety, besmirched reputation, wounded feelings, moral shock, social humiliation, and similar injury.
Though incapable of pecuniary computation, moral damages may be recovered if they are the proximate
result of the defendant's wrongful act or omission.
ARTICLE 2218. In the adjudication of moral damages, the sentimental value of property, real or
personal, may be considered.
ARTICLE 2219. Moral damages may be recovered in the following and analogous cases:
The parents of the female seduced, abducted, raped, or abused, referred to in No. 3 of this article,
may also recover moral damages.
The spouse, descendants, ascendants, and brothers and sisters may bring the action mentioned in
No. 9 of this article, in the order named.
ARTICLE 2220. Willful injury to property may be a legal ground for awarding moral damages if
the court should find that, under the circumstances, such damages are justly due. The same rule applies
to breaches of contract where the defendant acted fraudulently or in bad faith.
specifically provided for damages that are caused by contractual breach, but because
the definition of quasi delict in Article 2176 expressly excludes the cases where there is a
―pre-existing contractual relation between the parties‖ (Verzosa vs. Baytan, 107 Phil.
1010; Martinez vs. Gonzales, 6 SCRA 331).
WHAT ARE THE EXCEPTIONS TO THE FOREGOING RULE WHEN MORAL DAMAGES MAY
BE RECOVERED IN BREACH OF CONTRACT OF TRANSPORTATION?
1. When the mishap results in the death of a passenger (M. Ruiz Highway Transit,
Inc. vs. Court of Appeals, 11 SCRA 98);
2. Where it is proved that the carrier was guilty of fraud or bad faith, even if death
does not result (Rex Taxicab Co., Inc. vs. Bautista, L-15392, September 30, 1960;
Singson vs. Court of Appeals, 282 SCRA 149).
Bad faith means a breach of a known duty through some motive or ill-will. Self
enrichment or fraternal interest, and not personal ill-will, may have been the motive,
but it is malice nevertheless which may be the ground for awarding moral damages for
breach of contract of carriage (Lopez vs. Pan American World Airways, 16 SCRA 431). The
bad faith referred to may be bad faith in the securing and in the execution of the
contract and in the enforcement of its terms or any other kind of deceit which may have
been used by the carrier (Tamayo vs. Aquino, L-12634 and 12720, may 29, 1959).
NOMINAL DAMAGES
Nominal damages are awarded not to compensate but to vindicate a right of the
plaintiff that has been violated by the defendant. Temperate damages, on the other
hand, refers to pecuniary loss suffered but cannot be proven with certainty.
ARTICLE 2221. 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 purpose of
indemnifying the plaintiff for any loss suffered by him. cd
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ARTICLE 2222. The court may award nominal damages in every obligation arising from any
source enumerated in article 1157, or in every case where any property right has been invaded.
ARTICLE 2223. The adjudication of nominal damages shall preclude further contest upon the
right involved and all accessory questions, as between the parties to the suit, or their respective heirs and
assigns. cdtai
ARTICLE 2224. Temperate or moderate damages, which are more than nominal but less than
compensatory damages, may be recovered when the court finds that some pecuniary loss has been
suffered but its amount can not, from the nature of the case, be proved with certainty.
LIQUIDATED DAMAGES
ARTICLE 2226. Liquidated damages are those agreed upon by the parties to a contract, to be
paid in case of breach thereof. aisa dc
ARTICLE 2228. When the breach of the contract committed by the defendant is not the one
contemplated by the parties in agreeing upon the liquidated damages, the law shall determine the
measure of damages, and not the stipulation.
ARTICLE 2229. Exemplary or corrective damages are imposed, by way of example or correction
for the public good, in addition to the moral, temperate, liquidated or compensatory damages.
ARTICLE 2230. In criminal offenses, exemplary damages as a part of the civil liability may be
imposed when the crime was committed with one or more aggravating circumstances. Such damages are
separate and distinct from fines and shall be paid to the offended party.
ARTICLE 2231. In quasi-delicts, exemplary damages may be granted if the defendant acted with
gross negligence.
ARTICLE 2232. In contracts and quasi-contracts, the court may award exemplary damages if the
defendant acted in a wanton, fraudulent, reckless, oppressive, or malevolent manner.
ARTICLE 2233. Exemplary damages cannot be recovered as a matter of right; the court will
decide whether or not they should be adjudicated. cdt
ARTICLE 2234. While the amount of the exemplary damages need not be proved, the plaintiff
must show that he is entitled to moral, temperate or compensatory damages before the court may
consider the question of whether or not exemplary damages should be awarded. In case liquidated
damages have been agreed upon, although no proof of loss is necessary in order that such liquidated
damages may be recovered, nevertheless, before the court may consider the question of granting
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exemplary in addition to the liquidated damages, the plaintiff must show that he would be entitled to
moral, temperate or compensatory damages were it not for the stipulation for liquidated damages. cdtai
ARTICLE 2235. A stipulation whereby exemplary damages are renounced in advance shall be
null and void.
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