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    Torts Notes - Aquino

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    Kim Laurente-Alib
    This document discusses tort law in the Philippines. It defines torts as acts or omissions that cause injury without a lawful relationship between the parties. It describes different types of torts, including intentional torts like assault, negligence torts, and strict liability. It outlines the sources of Philippine tort law, including provisions in the Civil Code. It discusses the purposes of tort law, including balancing conflicting interests and protecting persons, dignity, property, and economic interests.

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    Torts Notes - Aquino

    Uploaded by

    Kim Laurente-Alib
    381 views1 page
    This document discusses tort law in the Philippines. It defines torts as acts or omissions that cause injury without a lawful relationship between the parties. It describes different types of torts, including intentional torts like assault, negligence torts, and strict liability. It outlines the sources of Philippine tort law, including provisions in the Civil Code. It discusses the purposes of tort law, including balancing conflicting interests and protecting persons, dignity, property, and economic interests.

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    Torts Notes – Aquino

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    This document discusses tort law in the Philippines. It defines torts as acts or omissions that cause injury without a lawful relationship between the parties. It describes different types of torts, including intentional torts like assault, negligence torts, and strict liability. It outlines the sources of Philippine tort law, including provisions in the Civil Code. It discusses the purposes of tort law, including balancing conflicting interests and protecting persons, dignity, property, and economic interests.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    381 views1 page

    Torts Notes - Aquino

    Uploaded by

    Kim Laurente-Alib
    This document discusses tort law in the Philippines. It defines torts as acts or omissions that cause injury without a lawful relationship between the parties. It describes different types of torts, including intentional torts like assault, negligence torts, and strict liability. It outlines the sources of Philippine tort law, including provisions in the Civil Code. It discusses the purposes of tort law, including balancing conflicting interests and protecting persons, dignity, property, and economic interests.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    TORTS NOTES – AQUINO

    TORTS - It is an act or omission producing an injury to another, without any


    previous existing lawful relation of which the said act or omission may be said to
    be a natural outgrowth or incident.

    Intentional torts include conduct where the actor desires to cause the
    consequences of his act or believes the consequences are substantially certain to
    result from it. Intentional torts include assault, battery, false imprisonment, defa-
    mation, invasion of privacy and interference of property. Negligence, on the
    other hand, 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. There is strict liability in tort where the
    person is made liable independent of fault or negligence upon submission of
    proof of certain facts.

    PHILIPPINE TORT LAW

    A. SOURCES.

    a. Catch-all Provisions.

    “Art. 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.

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

    Art. 21. Any person who wilfully 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.’’

    b. Expanded Scope of Quasi-Delict.

    “Culpa aquiliana includes voluntary and negligent acts which may be punishable
    by law.’’

    Criminal Negligence – a violation of the criminal law


    Civil Negligence – “culpa aquiliana” or quasi-delict

    ART. 2177 of the New Civil Code: “Responsibility for fault or negligence under
    the preceding article is entirely separate and distinct from the civil liability arising
    from negligence under the Penal Code. But the plaintiff cannot recover damages
    twice for the same act or omission of the defendant.”

     acquittal from an accusation of criminal negligence, whether on reasonable


    doubt or not, shall not be a bar to a subsequent civil action, not for civil liability
    arising from criminal negligence, but for damages due to a quasi-delict or “culpa
    aquiliana.’’
     The extinction of civil liability referred to in Par. (e) of Section 3, Rule 111,
    refers exclusively to civil liability founded on Article 100 of the Revised Penal
    Code, whereas the civil liability for the same act considered as a quasi-delict only
    and not as a crime is not extinguished even by a declaration in the criminal case
    that the criminal act charged has not happened.

    PURPOSES OF TORT LAW


    A. MAJOR PURPOSES.

    B. BALANCING OF CONFLICTING INTERESTS

    TORTS AND/OR PROVISIONS


    INTERESTS PROTECTED
    INVOLVED
    PERSON
    Freedom fro Contact Physical Injuries (Art. 32)
    Quasi – Delict (Art. 2176)
    Freedom from Distress Moral Damages (Art. 2217-2220)
    DIGNITY
    Reputation Defamation (Art. 33)
    Privacy Violation of Privacy (Art. 26)
    Freedom from Wrongful Actions Malicious Prosecution (Art. 20-21)
    PROPERTY
    Real Property Nuisance (Art. 694-770)
    Quasi – Delict (Art. 2176)
    ECONOMIC/PECUNIARY
    Contracts Interference with Contractual Rights
    (Art. 1314)
    Freedom from Deception Fraud (Art. 33)

    Amelioration

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