LECTURE ON TORTS

NUISANCE
December 12, 2010

CONCEPT OF NUISANCE:

 It is not a noise
 No definitive definition
 Comes from French “nuire” – to injure, to hurt, to harm
 It is a limitation to the right of ownership
 Intentional or via negligence
 (Statutorily Art. 596) That which causes harm or damage, not the
consequent harm or damage caused.
 Considered one of the most serious hindrances to the enjoyment of life
and property

WHAT IS LEGAL NUISANCE

Class of wrongs –

 arising from unreasonable, unwarrantable, unlawful use by a person of

his own property
 producing material annoyance, inconvenience, discomfort, or hurt
 that the law presumes as consequent damage.

It is anything that works HARM, INJURY OR PREJUDICE to an individual or PUBLIC

 NUISANCE DISTINGUISHED FROM TRESPASS

N – use of own property that incidentally causes HARM, INJURY OR PREJUDICE

T – direct infringement of another’s property

TEST: Direct or Incidental

 NUISANCE DISTINGUISHED FROM NEGLIGENCE

Neg – liability depends on want of care

Nui – liability depends on resulting injury regardless of degree negligence

Nui – maintenance of nuisance - breach of absolute duty

Neg – the act or omission is not a breach of duty in itself; only when there is absence
of care;

Art. 694 CC (DESCRIBING NUISANCE)

Any ACT, OMISSION, ESTABLISHMENT (structure), BUSINESS, CONDITION OF

PROPERTY, or ANYTHING that:

1. injures or endangers HEALTH or SAFETY of others

2. annoys or offends SENSES
3. shocks, defies or disregards DECENCY or MORALITY
4. obstructs or interferes with FREE PASSAGE of any PUBLIC HIGHWAY or STREET
or any BODY of WATER
5. hinders or impairs the USE of PROPERTY (by another)

Art. 695 CC (CLASS OF NUISANCE)

PUBLIC- affects community or neighborhood or any considerable number of

persons although extent of annoyance, damage or harm upon
INDIVIDUALS be UNEQUAL.

PRIVATE- confined to individual rights affected

According to number of persons affected:

Public, Private or Mixed

According to nature
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Nuisance per se / per accidens

According to liability

Civil / Criminal

According to duration

Continuing / recurrent
Temporary/permanent

According to right to relief

Actionable
Non-actionable

According to remedy available

Abatable by criminal/civil action

Abatable by with or without judicial proceeding

WHAT IS NUISANCE PER SE

Nuisance regardless of circumstances (inherent). No need to prove circumstances but

EXISTENCE. Summary Abatement

WHAT IS NUISANCE PER ACCIDENS

Not a nuisance per se but becomes a nuisance because of circumstances. NEED to

prove CIRCUMSTANCES. Abatement needs DUE PROCESS.

NATURE OF LIABILITY FOR NUISANCE

Like contempt until corrected or complied with, the liability is continuing.

DOCTRINE OF ATTRACTIVE NUISANCE

Contemplates the maintenance of attractive (alluring) condition or structure of one’s

property. It applies to children rather than adult.

Duty of owner: take precautions and anticipate children’s instinct/impulse.

Q What is the liability of a successor of property nuisance?

Liable if not abate despite knowledge of the nuisance.

Art. 697 CC (ABATEMENT OF NUISANCE/RECOVERY OF DAMAGES)

Distinct remedies. Even if abated, injured party can still recover damages.

Art. 698 CC (EFFECT OF LAPSE OF TIME)

There is no prescription in abatement of nuisance.

EXCEPTION:

Easements obstructed or not used for 10 years. (Art 631 (2)

Art. 699 CC (REMEDIES AGAINST PUBLIC NUISANCE) CUMMULATIVE

REMEDIES (NOT EXCLUSIVE)

1. Prosecution under RPC or Local Ordinance; (By public officers)

2. Civil Action; or (By private individuals)
3. Abatement without judicial proceedings. (By private individuals)

Art. 700 CC (ROLE OF DISTRICT HEALTH OFFICER)

DHO/PHO-charged with the duty to ensure ACTION vs. PUBLIC NUISANCE

Art. 702 CC (ROLE OF DISTRICT HEALTH OFFICER)

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And to ascertain w/n ABATEMENT W/O JUDICIAL PROCEEDING is the BEST REMEDY.

Art. 701 CC (ROLE OF CITY OR MUNICIPAL MAYOR)

C/M Mayor – charged with the duty to commence civil action against one who
maintains public nuisance.

WHAT IS THE NATURE OF LAWFUL BUSINESS IN RELATION TO NUISANCE

Presumed to be lawful exercise of proprietary right.

So if it will be found to be nuisance in the course of the business, at the most it is
NUISANCE PER ACCIDENS.

Art. 703 CC (RIGHT OF PRIVATE PERSON TO SUE re PUBLIC NUISANCE)

Refers to civil action only (normally belongs to C/M Mayor)

Condition: “if specially injurious to himself.”

Art. 704 CC (CONDITIONS FOR EXTRAJUDICIAL ABATEMENT OF PUBLIC

NUISANCE)

1. No breach of the peace

2. No doing of unnecessary injury
3. Prior Demand to owner or possessor of nuisance (Chance to abate it himself)
4. Demand rejected
5. Abatement approved by DHO/PHO
6. Execution of Abatement with aid of local police
7. Value of destruction not more than P3K.

Art. 705 CC (REMEDIES VS. PRIVATE NUISANCE)

1. Civil Action
2. Abatement w/o judicial proceeding;

Art. 706 CC (CONDITIONS FOR EXTRAJUDICIAL ABATEMENT OF PRIVATE

NUISANCE)
Same as Art. 704

1. No breach of the peace

2. No doing of unnecessary injury
3. Prior Demand to owner or possessor of nuisance (Chance to abate it himself)
4. Demand rejected
5. Abatement approved by DHO/PHO
6. Execution of Abatement with aid of local police
7. Value of destruction not more than P3K.

Q Is injunction available in nuisance?

YES, if there is irreparable injury to plaintiff and no adequate remedy in the

ordinary course of law

Q What is the nature of Action for Damages vs. Nuisance?

One cause is fine but if nuisance is continued another damage may give rise
to another cause of action until nuisance is stopped.

Art. 707 CC (CAUTION IN EXTRAJUDICIAL ABATEMENT OF NUISANCE)

A private person or public official liable for damages for EXTRAJ ABATEMENT OF
NUISANCE under the ff conditions:

1. If cause unnecessary injury;

2. If nuisance is later declared by the courts to be not real nuisance.
LECTURE ON TORTS
JANUARY 24, 2009

TORTIOUS INTERFERENCE
WITH CONTRACTUAL RELATIONS
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Q What is the CONSTITUTIONAL BASIS of Tort Liability for Tortious

interference?

Contract as a property right – (No person shall be deprived of his property; No

law impairing the obligations of contracts shall be passed.

OTHER BASES:

 Solemnity of Contracts
 Integrity & Security of Contractual Relations
 Fulfillment of Contracts
 Freedom of Party to Contract

Q What is tortious interference?

Art. 1314 CC - Any third person who induces another to violate his contract
shall be liable for damages to the other contracting party.

It is preceded by Art 1311 which says that CONTRACT SHALL TAKE EFFECT
BETWEEN THE PARTIES, THEIR ASSIGNS AND HEIRS. (Privity of Contract)

Q SCOPE OF VIOLATION?

 Existing Contract
 Not to enter into Contract
 Prevent from entering into Contract

Q Can action upon a contract be possible involving a party outside of

the contract?

Yes, under 1314. (Tortious Interference); expanded to Art. 20, and 21 CC.

Art. 20 CC (Willful or Negligent Act contrary to law = QUASI-DELICT)

Q What is the legal consequence against the violator?

INDEMNITY. (No one who suffers material damage cannot be without relief)

Under this Article the act could either be a FELONY or QUASI-DELICT

Art. 21 CC (Willful Acts contrary to morals, good customs or public policy)

This is a legal remedy for the “UNTOLD NUMBER OF MORAL WRONGS.”

Ex: Impregnating a woman who, without the promise of marriage by the man,
would not have succumbed to his bestial desire.

Ex: Not showing up in marriage ceremony after all preps and publicity.

Ex: Electric Co. cutting connection w/o prior notice.

Q Does interference in FREE ENTERPRISE or TRADE COMPETITION

amount to TORT?

NO, it is regarded as privileged and constitutive only of “damnum absque

injuria”

Provided:
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 The actions are fair and fall within the province of “SOCIALLY
ACCEPTABLE CONDUCT.”

 The business advances for its own, and not to inflict harm on
another.

Q Distinguish Deceit from Tortious Interference?

In deceit, the loss suffered by P is directly induced by D. Does not presuppose a

contract.

In Tortious Interference the loss is suffered by P because a TP induces the

other contractual party to violate the contract. Presupposes a contract.

Q Who are the usual defendants in TORTIOUS INTERFERENCE?

The VIOLATING CONTRACTUAL PARTY and the TP INDUCER.

Q Elements of tortious interference

1. Valid Contract;

2. Knowledge of the Existence of Contract (by the Inducer);

3. Malice (by the Inducer);

4. Causal Relation between the inducement and the breach;

5. Damage or injury;

6. Absence of Legal Justification; (ex: Rubio vs. CA 141 SCRA 488

[1986]

 (Unpaid Seller warns another Seller not to proceed with the

sale because the prospective buyer has not paid his
obligations to the Unpaid Seller)

 Giving Advice in GF

 CIBI

Q INDUCEMENT is a misnomer

It is sufficient that a TP meddles in the contractual relations of both parties,

resulting in one party violating the contract.

Q Does INDUCEMENT give rise to tortious liability?

NO. It must result in breach and damage or injury.

Q WHAT USUALLY DEFEATS TORTIOUS INTERFERENCE CASE?

1. Absence of Breach;
2. Lack of privity;
3. Illegal Contract;
4. Contract to Marry

Q EXTENT OF LIABILITY OF:

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TORTFEASOR-INDUCER - Not more than what the P could recover from the
party-D.

PARTY INDUCED – GF/BF. If GF only the natural result of breach;

If BF, all damages.

Q Does negligent interference fall within this rule on tortious

interference?

No.

LECTURE ON TORTS
TORTS INVOLVING HUMAN RELATIONS
December 5, 2010

CHAPTER ON HUMAN RELATIONS (Art. 19 -36)

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Q Why is this Chapter on HR incorporated adopted in Torts & Damages?

Because it talks about:

a) Basic principles of justice and equity

b) Universal moral precepts (not expressly recognized by specific
provisions of law)
c) Public policy that every one must duly respect the rights of others

Art. 19 CC (Mother of all human relations)

Article 19. Every person 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.

Q What is this principle of abuse of right?

It is this principle sanctioned by Art. 19 CC. (He who uses a right injures
no one)

That a right entitles the person to do an act but this right disappears the
moment it is abused. Hence, GF is essential in RIGHT. The moment there is BF,
the RIGHT becomes an OBLIGATION.

Q What are the standards exacted by law from every one?

a) To act with justice

b) Give everyone his due
c) Observe honesty and good faith

Q Does Art. 19 CC provide a legal remedy?

NO. It merely lays down a rule of conduct to regulate HR and to maintain social
order. The legal remedy (for damages) is found in the succeeding Arts. 20 & 21.

Art. 20 CC (Willful or Negligent Act contrary to law = QUASI-DELICT)

Article 20. Every person who, contrary to law, willfully or negligently causes
damage to another, shall indemnify the latter for the same.

Q What is the legal consequence against the violator?

INDEMNITY. (No one who suffers material damage cannot be without relief)

Under this Article the act could either be a FELONY or QUASI-DELICT

Art. 21 CC (Willful Acts contrary to morals, good customs or public policy)

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.

This is a legal remedy for the “UNTOLD NUMBER OF MORAL WRONGS.”

Ex: Impregnating a woman who, without the promise of marriage by the man,
would not have succumbed to his bestial desire.

Ex: Not showing up in marriage ceremony after all preps and publicity.
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Ex: Electric Co. cutting connection w/o prior notice.

Art. 22 CC (Acquisition of benefit without just & legal cause)

Article 22. Every person who through an act of performance by another, or

any other means, acquires or comes into possession of something at the
expense of the latter without just or legal ground, shall return the same to
him.

Q What is the basis of this Article?

This is based on the principle of unjust enrichment.

Q What do you call the cause of action under this Article?

Accion in rem verso that is, to recover what has been given or paid to another
without just or legal cause.

Q Is Enrichment at the expense of another per se prohibited?

NO. Only when there is no just and legal ground for such enrichment that the
prohibition comes in.

Q What is the nature of remedy under this Article?

Subsidiary only. In the event there are other causes of action expressly
provided by law, the latter should be followed.

Art. 23 CC (Benefited Party liable for damage even without fault or

negligence)

Article 23. Even when an act 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 he was benefited.

Q Is it possible that a party can still be liable for damage even without
his fault or negligence?

Yes if he is benefited.

Ex: Flash flood brings the cattle of A to the crops of B. the cattle of A is
saved but the crop of B is destroyed. A MUST INDEMNIFY B. This is based on
equity.

Art. 24 CC (Protection of person suffering from DISADVANTAGE/HANDICAP)

Article 24. In all contractual, property or other relations, when one of the
parties is at a disadvantage on account of his moral dependence, ignorance,
indigence, mental weakness, tender age or other handicap, the courts must be
vigilant for his protection.

 This is based on the doctrine of parens patria (State as Parent or

Guardian of the Country)

 Court may annul or reform or cancel or modify contract if one is

clearly at disadvantage. (Ignorance of the law principle will not
apply)

This is where these incidents are coming from:

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 CONTRACT OF ADHESION – strictly against one who drafted.

 AMBIGUOUS CONTRACT – strictly against author of ambiguity.
 UNCONSCIONABLE OBLIGATION – Court tempers.
 USURY LAW – abolished.
 QUITCLAIMS OF LABORERS – declared void.

Art. 25 CC (Thoughtless extravagance in expenses)

Article 25. Thoughtless extravagance in expenses for pleasure or display

during a period of acute public want or emergency may be stopped by order of
the courts at the instance of any government or private charitable institution.

This is limitation to the power of ownership. Because property right bears a

social function.

Q What is the setting?

During a period of acute public want or emergency

Q What is the purpose of the extravagant spending?

Pleasure or Display

Q Who are the proper party to bring this case to court?

1. Government; or
2. Any private charitable institution.

Art. 26 CC (Respect for human dignity, personality privacy, etc.).

Article 26. Every person shall respect the dignity, personality, privacy and
peace of mind of his neighbors and other persons. The following and similar
acts, though they may not constitute a criminal offense, shall produce a cause
of action for damages, prevention and other relief:

(1) Prying into the privacy of another's residence;

(2) Meddling with or disturbing the private life or family relations of
another;
(3) Intriguing to cause another to be alienated from his friends;
(4) Vexing or humiliating another on account of his religious beliefs, lowly
station in life, place of birth, physical defect, or other personal
condition.

Q Name these protected rights:

1. Human Dignity
2. Human personality
3. Privacy
4. Peace of Mind
5. Family Relations
6. Social Intercourse

Art. 27 CC (Dereliction of Duty by public servant)

Article 27. Any person suffering material or moral loss because a public
servant or employee refuses or neglects, without just cause, to perform his
official duty may file an action for damages and other relief against the
latter, without prejudice to any disciplinary administrative action that may be
taken.
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Elements:

1. Public official charged with official duty

2. Refusal or Negligence re performance of official duty
3. No just cause
4. Injury to plaintiff

Note: “No double recovery ”

Art. 28 CC (UNFAIR COMPETITION in ENTERPRISE or LABOR)

Article 28. Unfair competition in agricultural, commercial or industrial

enterprises or in labor through the use of force, intimidation, deceit,
machination or any other unjust, oppressive or highhanded method shall give
rise to a right of action by the person who thereby suffers damage.

 Competition is basically allowed. What is punished is “UNFAIRNESS.”

 The basis for sanction is the use of unfair method not the extent of damage.

Art. 29 CC (Civil Action for Damages vs. Accused ACQUITED on REASONABLE

DOUBT)

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.

The basis is Art. 100 RPC: A person who is criminally liable is also civilly liable.

 Acquittal BRD – No civil Action

 Acquittal RD – Civil Action may be maintained

Q What is the Legal Philosophy of this rule?

Quantum of evidence.

Art. 30 CC (Separate Civil Action to enforce civil liability for Criminal

Offense)

Article 30. When a separate civil action is brought to demand civil liability
arising from a criminal offense, and no criminal proceedings are instituted
during the pendency of the civil case, a preponderance of evidence shall
likewise be sufficient to prove the act complained of.

 The action will proceed and the QE required is PREPONDERANCE

OF EVIDENCE.

 This does not speak of independent civil action.

Art. 31 CC (Civil Action for Damages not based on felony) INDEPENDENT

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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.

Independent Civil Action.

Art. 32 CC (Civil Remedies for Violation of Civil Rights) INDEPENDENT

Article 32. Any public officer or employee, or any private individual, who
directly or indirectly obstructs, defeats, violates or in any manner impedes or
impairs any of the following rights and liberties of another person shall be
liable to the latter for damages:

1. Freedom of religion;
2. Freedom of speech;
3. Freedom to write for the press or to maintain a periodical publication;
4. Freedom from arbitrary or illegal detention;
5. Freedom of suffrage;
6. The right against deprivation of property without due process of law;
7. The right to a just compensation when private property is taken for
public use;
8. The right to the equal protection of the laws;
9. The right to be secure in one's person, house, papers, and effects
against unreasonable searches and seizures;
10.The liberty of abode and of changing the same;
11.The privacy of communication and correspondence;
12.The right to become a member of associations or societies for purposes
not contrary to law;
13.The right to take part in a peaceable assembly to petition the
Government for redress of grievances;
14.The right to be a free from involuntary servitude in any form;
15.The right of the accused against excessive bail;
16.The right of the accused to be heard by himself and counsel, to be
informed of the nature and cause of the accusation against him, to have
a speedy and public trial, to meet the witnesses face to face, and to
have compulsory process to secure the attendance of witness in his
behalf;
17.Freedom from being compelled to be a witness against one's self, or
from being forced to confess guilt, or from being induced by a promise
of immunity or reward to make such confession, except when the
person confessing becomes a State witness;
18.Freedom from excessive fines, or cruel and unusual punishment, unless
the same is imposed or inflicted in accordance with a statute which has
not been judicially declared unconstitutional; and
19.Freedom of access to the courts.

In any of the cases referred to in this article, whether or not the defendant's
act or omission constitutes a criminal offense, the aggrieved party has a right
to commence an entirely separate and distinct civil action for damages, and
for other relief. Such civil action shall proceed independently of any criminal
prosecution (if the latter be instituted), and may be proved by a
preponderance of evidence.

The indemnity shall include moral damages. Exemplary damages may also be
adjudicated.
The responsibility herein set forth is not demandable from a judge unless his
act or omission constitutes a violation of the Penal Code or other penal
statute.
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Violation of Civil rights entitles the aggrieved party damages.

Q Limited liability to judges. Why?

To avoid harassment. Unless amounts to crime such as:

From 204 to 207 RPC – Crimes of Judges

Art. 33 CC (Civil Action for Damages re DEFAMATION, FRAUD & PHYSICAL

INJURIES) INDEPENDENT

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.

These terms DFP must be read in their generic terms.

Q What are these independent civil actions?

(Arts 31, 32, 33, 34, & 2176)

Q Why is it important to note ICA?

Because there is no need for reservation. The law is the one making the
reservation.

Art. 34 CC (Civil Liability of City or Mun Police)

Article 34. When a member of a city or municipal police force refuses or fails
to render aid or protection to any person in case of danger to life or property,
such peace officer shall be primarily liable for damages, and the city or
municipality shall be subsidiarily responsible therefor. The civil action herein
recognized shall be independent of any criminal proceedings, and a
preponderance of evidence shall suffice to support such action.

 FOR SUBSIDIARY LIAIBLITY OF CITY OR MUNICIPALITY

If strictly governmental function – No defense of Selection and Supervision

If proprietary function – Defense of Selection and Supervision is available

Art. 35 CC (Right of Victim of Criminal Offense to file INDEPENDENT Civil

Action)

Article 35. When a person, claiming to be injured by a criminal offense,

charges another with the same, for which no independent civil action is
granted in this Code or any special law, but the justice of the peace finds no
reasonable grounds to believe that a crime has been committed, or the
prosecuting attorney refuses or fails to institute criminal proceedings, the
complaint may bring a civil action for damages against the alleged offender.
Such civil action may be supported by a preponderance of evidence. Upon the
defendant's motion, the court may require the plaintiff to file a bond to
indemnify the defendant in case the complaint should be found to be
malicious.

If during the pendency of the civil action, an information should be presented

by the prosecuting attorney, the civil action shall be suspended until the
termination of the criminal proceedings.
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SITUATION CONTEMPLATED:

1. If Lower Court Judge finds no prima facie case

2. If Prosecutor refuses or fails to institute criminal proceeding.

Art. 36 CC (PREJUDICIAL QUESTION)

Article 36. Pre-judicial questions, which must be decided before any criminal
prosecution may be instituted or may proceed, shall be governed by rules of
court which the Supreme Court shall promulgate and which shall not be in
conflict with the provisions of this Code.

 It is a question in a criminal proceeding involving matters that are

civil in nature the final resolution of which civil action is
necessary in the determination in the guilt or innocence of
accused in the criminal proceeding. EFFECT: SUSPEND CRIMINAL
PROCEEDING.

 Will apply only in an intertwined criminal and civil proceedings

RULE 111
xxx xxx xxx

Sec. 6. Suspension by reason of prejudicial question. – A petition for suspension

of the criminal action based upon the pendency of a prejudicial question in a
civil action may be filed in the office of the prosecutor or the court conducting
the preliminary investigation. When the criminal action has been filed in court
for trial, the petition to suspend shall be filed in the same criminal action at
any time before the prosecution rests.

Sec. 7. Elements of prejudicial question. – The elements of a prejudicial

questions are: (a) the previously instituted civil action involves an issue similar
or intimately related to the issue raised in the subsequent criminal action, and
(b) the resolution of such issue determines whether or not the criminal action
may proceed.