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6. Insanity
Under the RPCV, an insane person is exempt
from criminal liability. But may not be exempted
from civil liability.
Under the Civil Code, the insanity of a person
does not excuse him or his guardian from
liability based on quasi-delict(CC Articles 2180
and 2182).
7. Children
The care and caution required of a child is according
to his maturity and capacity only and this is to be
determined in each case by the circumstances of
the case.
EXCEPTIONS:
1. When the unusual conditions occur and strict
observance may defeat the purpose of the rule
that may even lead to adverse results; or
2. When the Statute provides that the violation merely
establishes a presumption of negligence( Tedia vs
Eliman, 280 NY 124, 19NE 2D 987, 1939).
b. Administrative Rules
violation of a rule promulgated by administrative
agencies in not negligence per se, but may be evidence
of negligence( Marinduque Iron Mines Agents Inc vs The
Workmen’s Compensation Commission, GR NO L-8110)
Assumption of risk
• GR 165548 and 167879 Phil Realty v Ley
Construction and vice versa (2011)
Affirmative duties and miscellaneous activities
1. Duty to rescue
Duty to Rescuer- one who was hurt to rescue
another who was injured through negligence
may recover damages from the person who
originally caused ( not the rescued person)
Requisites to make a tortfeasor liable to
the rescuer
1. The tortfeasor was negligent to the person
rescued and such negligence caused the peril
or the appearance of peril to the person
rescued;
2. The peril or the appearnance of peril was
imminent;
3. A reasonable prudent person who would
have concluded such peril or appearance of
peril existent; and
4. The rescuer acted with reasonable care in
effectuating the rescue
DUTY TO RESCUE:
General Rule: A person who refuses to render
assistance is not liable
EXCEPTIONS:
Limited duty to rescue
A. In cases specified in Article 275 of the RPC
1. To render assistance to any wounded person
in danger of dying found in an uninhabited
place, when assistance can be rendered
without danger to himself;
2. To render assistance to another whom one
has actually wounded or injured;
3. to deliver an abandoned child under seven
years of age to the authorities or his family
or take him in a safe place.
B. No driver of a motor vehicle concerned in a
vehicular accident shall leave the scene of the
accident without aiding the victim unless he is
excused from doing so (RA 4136, Land
Transportation and Traffic Code, Sec 55)
C. Individuals required by law to take care of
another person e.g parents to their children
or guardians to their wards.
D. The defendant in special relationships (
Common Carrier-passenger, Inkeeper-guest)
DUTIES OF OWNERS , PROPRIETORS AND
POSSESSORS OF PROPERTY
General Rule: The owner has no duty to take
reasonable care towards a trespasse for his
protection or even to protect him from
concealed danger.
EXCEPTIONS:
a. Visitors- owners of buildings or premises owe
a duty to care to visitors. Common carriers
may be held liable for negligence to persons
who stay in their premises even if they ar not
passengers
b. Doctrine of Attractive Nuisance
c. Tolerated Possession- the owner is still liable
if the plaintiff is inside his property by
tolerance or by implied permisssion
d,. State of Necessity( CC, Article 432)
A situation of present danger to legally
protected interests, where the only remedy is
injuring another’s also legally protected
interest.
For the defense of state of necessity to be
availing, the greater injury feared should not
have been brought about by the negligence or
imprudence, more so, the willful inaction of
the actor.
DUTIES OF PROPRIETORS OF BUILDINGS