TORTS AND DAMAGES - Ex: Art. 2187 of NCC, Art.

100 of Consumer Act

Arellano University School of Law
Elements of Quasi Delict
I. TORTS 1. Act/omission
Torts - old french word from “tortus” - old and wicked 2. Must amount to fault of negligence
o Synonymous that anything that is wrong 3. Causes injury to the plaintiff
o There is no such kind as typical torts
o Concurrence of efficient causes (joint tortfeasors) Crime (Delict)
o Proximate cause - There must be a law punishing it (nullum crimen sine lege)
o Source of civil obligation (Art. 1156, NCC) - Law punishing crime exercising police power
- Covers dolo and culpa
o Does not require a law
o Basis of civil liability is the existence of injury
Torts v. Crime v. Contract
o No contractual relationship between parties
Art. 100 - every person criminally liable must be civilly liable (civil liability arising
o Study of Torts is based on facts
from crime).
Victimless crime - no offended party; no civil liability
Classifications
1. Quasi Delict (Culpa Aquiliana) (Art. 2176-2194) - one that is based on
Art. 365 (quasi-offenses) - law punishes negligent acts (ex. Reckless imprudence
negligence
resulting to homicide)
- Involves voluntary acts or omissions that result in injury to
others without intending to cause the same
CRIME v. TORT
- Failure to exercise due care in performing such acts or
omissions TORTS (QUASI- CRIME (DELICT)
2. Intentional Torts (Art. 19-35) - arise from human intention DELICT)
- include conduct where the actor desires to cause the As to the interest Private interest Public interest
consequences of his act or believe the consequences are involved
substantially certain to result from it
- ex: assault, battery, false imprisonment, defamation, invasion As to purpose To compensate the Punishes the act
of privacy, interference of property injured party
(indemnification)
3. Strict liability torts (Art. 694-707; 2183-2193) - (1) it does not depend
upon a negligent act; (2) it does not require any relationship As to their scope Broader scope
- Involves conduct where the person is made liable independent
of fault or negligence upon submission of proof of certain facts
- The conduct is generally not wrongful in itself but the wrong
Injury - cause of action
consists in causing harm by engaging in certain types of risky
Damage - hurt; humiliation; suffering; result/consequence of injury
activities
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 Damages - refers to the amount of money that the defendant pays to the 3. Indemnification for consequential damages.
plaintiff; pecuniary amount (recompense)
Barredo v. Garcia
TORTS v. CONTRACTS - Reckless imprudence resulting to homicide was charged to Pedro
Fontanilla
TORTS CONTRACTS
- Trial Court convicted Fontanilla
As to rights and Does not depend Depends upon consent - Quasi-delict is separate and distinct from culpa of crimes. It is a
obligations upon the consent of the parties separate source of obligation.
of parties - What is left in the institution of quasi-delict? This concurrence cannot
be interpreted as reducing the scope of quasi-delict.
No agreement
- Quasi-delict v. Crime
As to the parties Parties are Parties are determined - Allowed ba yung parents ni Garcia to file a case directly against
indefinite/undeter Fontanilla? Yes.
mined - It is up to the plaintiff to choose a more convenient and inexpensive
way to secure an award.
Remedies Action for Specific performance,
- Doctrine: A quasi delict is an independent source of obligation. It is not
damages rescission, annulment,
ask for damages affected by the judgment in the criminal action. Quasi delict is based on
negligent act so they can go after the employer directly.

Reformation of instrument
Elcano v. Hill
Quantum of evidence
- Court expanded the scope of Quasi-delict
Criminal - proof beyond reasonable doubt
- It refers to voluntary, intentional, negligent act whether punishable by
Civil - preponderance of evidence
law.
- Dual character of negligence because it is both civil and criminal
The origin of Torts
- Quasi delict includes acts which are intentional and voluntary
- Common law concept
- Art. 2176 - “fault/negligence” - voluntary and intentional
- Legal system in the Philippines: Predominantly civil with some
- Is the acquittal of the accused a bar for the filing of a quasi delict? No.
influences of colony ??
Because of Art. 2177
- A separate civil action lies against the offender in a criminal act,
CIVIL LIABILITY ARISING FROM A CRIME
whether or not he is criminally prosecuted and found guilty or
acquired, provided that the offended party is not allowed, if he is
WHAT CIVIL LIABILITY INCLUDES
actually charged also criminally, to recover damages on both scores,
Art. 104. What is included in civil liability. – The civil liability established in
and would be entitled in such eventuality only to the bigger award of
Articles 100, 101, 102, and 103 of this Code includes:
the two, assuming the awards made in the two cases vary.
1. Restitution;
2. Reparation of the damage caused;
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 - Doctrines: (1) dual character of negligence; (2) double recovery is not - Two appeals: on the part of accused: both criminal and civil aspect of
allowed; (3) without any basis, quasi delict covers not only negligent the case
act, but also intentional and voluntary act. - These two appeals are independent from each other, so they can
proceed simultaneously.
Virata v. Ochoa - Occena is entitled to moral damages
- No litis pendentia or forum shopping
- Look at the cause of action *QUASI-DELICT
- Aggrieved parties in negligence cases may choose between an action - Has substantivity and individuality
under the RPC or for quasi-delict under Art. 2176 of the NCC BUT MAY - Quasi-delict has its own rules
NOT RECOVER TWICE for the same negligent act under Art. 2177 of the
NCC. Pacis v. Morales
- The Court held that Art. 2176 covers not only acts not punishable by Vicarious liability - primary and direct
law but also acts criminal in character, whether intentional and - Liability of the employer himself (Art. 2180 - diligence in selection and
voluntary or negligence. supervision) - will only apply if there is Er-Ee relationship
- Complaint was quasi-delict - complaint for Jerome
Banal v. Tadeo - Even though there was no Er-Ee relationship, facts reveal that Morales
- B.P. 22 does not provide any civil liability is still negligent.
- Generally, the basis of civil liability arising from crime is the - Degree of diligence required that a gun store owner must observe -
fundamental postulate of our law that “Every man criminally liable is extraordinary diligence
also civilly liable.” Every crime gives rise to a penal or criminal action - Depends upon the risk involve or nature of the obligation
for the punishment of the guilty party, and also to civil action for the - Extra precaution - extraordinary diligence
restitution of the thing, repair of the damage, and indemnification for - As long as the defendant is negligent, you may ask for damages.
the losses.
- The payee of the check is entitled to receive the payment of money for Degree of Diligence
which the worthless check was issued. Having been caused the 1. Ordinary - diligence of a good father of a family
damage, she is entitled to recompense. Thus, the petitioner’s 2. Extraordinary
intervention in the prosecution of Criminal Cases 40909 to 40913 is
justified not only for the protection of her interests but also in the Degree of Negligence
interest of the speedy and inexpensive administration of justice 1. Slight negligence - failure to
mandated by the Constitution. 2. Ordinary negligence - failure to exercise ordinary diligence
3. Gross negligence - wanton disregard of the rights of others
Occena v. Icamina
- The kinds of appeal in cases of conviction Casupanan v. Laroya
- Filed a criminal complaint for grave oral defamation before the MCTC - Whether an accused in a criminal case may file a case on quasi-delict
- Convicted of slight oral defamation - pay a fine of 50 pesos
- SC: discussion about appeals; civil aspect is not final
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 - Forum-shopping - filing of multiplicity of suits wherein there are same - Accused is acquitted for demurrer of evidence, trial court may not
parties and same cause of action in order to obtain a favorable - Unless the offended party waives the civil action or reserves the right
judgment. to institute it separately or institutes the civil action prior to the
- General rule: Theory of Implied institution criminal action, there are two actions involved in a criminal case. The
- Exception: Reservation, waiver, first is the criminal action for the punishment of the offender. The
- Suspension of the civil action parties are the People of the Philippines as the plaintiff and the accused
- Independent civil actions are not affected by reservations - In a criminal action, the private complainant is merely a witness for the
- Ex delicto is only affected by waiver State on the criminal aspect of the action. The second is the civil action
- 2 reasons why an accused in a criminal case is allowed to file a arising from the delict. The private complainant is the plaintiff and the
complaint for quasi-delict accused is the defendant.
- Presumption of innocence
- The offended party can file two separate suits for the same act or Safeguard Security Agency v. Tangco
omission. The first is a criminal case where the civil action to recover - Conviction is a condition sine qua non
civil liability ex delicto is deemed instituted, and the other a civil case - The civil action was not derived from the criminal liability of Pajarillo
for quasi-delict – without violating the rule on non-forum shopping. but one based on quasi-delict which is separate and distinct from the
The two cases can proceed simultaneously and independently of each civil liability arising from crime. The liability of the employer under Art.
other. The commencement or prosecution of the criminal action will 2180 is direct and immediate.
not suspend the civil action for quasi-delict. The only limitation is that - Sec. 1, Rule 111. When a criminal action is instituted, the civil action for
the offended party cannot recover damages twice for the same act or the recovery of civil liability is impliedly instituted with the criminal
omission of the defendant. action, unless the offended party waives the civil action, reserves his
right to institute it separately or institutes the civil action prior to the
RESERVATION OF CIVIL ACTION criminal action.

Jarantilla v. CA EXTINCTION/SURVIVAL OF CIVIL LIABILITY EX-DELICTO

- The settled rule that the same act or omission (in this case, the o Rule 120, Section 2, Rules of Court.
negligent sideswiping of private respondent) can create two kinds of
liability on the part of the offender, that is, civil liability ex delicto and People v. Navoa
civil liability ex quasi delicto. - Death of the accused pending appeal of his conviction extinguishes his
- Since the same negligence can give rise either to a delict or crime or to criminal liability as well as the civil liability based solely thereon. The
a quasi-delict or tort, either of these two types of civil liability may be claim for civil liability survives notwithstanding the death of accused,
enforced against the culprit, subject to the caveat under Art. 2177 of if the same may also be predicated on a source of obligation other than
the Civil Code that the offended party cannot recover damages under delict.
both types of liability. People v. Badeo
- As every crime gives rise to a penal or criminal action for the
Hyun Hyung Park v. Eung Won Choi punishment of the guilty party, and also to a civil action for the
- Demurrer of evidence - insufficiency of evidence
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 restitution of the thing, repair of the damage and indemnification for performance could not be excused by proof that the fault was morally
the losses whether the particular act or omission is done intentionally imputable to defendant’s employees.
or negligently or whether or not punishable by law, subsequent - In determining the question of contributory negligence in performing
decisions of the Court held that while the criminal liability of an such act – that is to say, whether the passenger acted prudently or
appellant is extinguished by his death, his civil liability subsists. In such recklessly – the age, sex, and physical condition of the passenger are
case, the heirs of the deceased appellant are substituted as parties in circumstances necessarily affecting the safety of the passenger, and
the criminal case and his estate shall answer for his civil liability. should be considered.
- Vicarious liability – quasi-delict
People v. Bayotas
- Death of the accused pending appeal of his conviction extinguishes his Air France v. Carrascoso
criminal liability as well as the civil liability based solely thereon. As - A contract of carriage is one attended with public duty, and in case of
opined by Justice Regalado, in this regard, “the death of the accused breach, recovery of damage is proper. A contract of carriage is different
prior to final judgment terminates his criminal liability and only the civil in kind & degree from any other contractual relation, because the
liability directly arising from and based solely on the offense relationship an air-carrier sustains with the travelling public. It
committed, i.e., civil liability ex delicto in senso strictiore.” generates a relation attended with a public duty, and thus, the neglect
or malfeasance of a carrier’s employees is a ground for an action for
Calang and Philtranco v. People damages.
- If the cause of action was based on a delict, a person cannot be held to
be jointly and severally liable with another based on quasi-delict under Singson v. BPI
Article 2176 to 2180 of the Civil Code. Said articles pertain to vicarious - The existence of a contract between the parties does not bar the
liability of an employer for quasi-delicts that an employee has commission of a tort by the one against the other and the consequent
committed and cannot be applied to civil liability arising from delict. recover of damages. Where the act that breaks the contract may also
Philtranco’s liability may only be subsidiary. be a tort, the contractual relation of the parties does not bar the
recovery of damages.
TORTS DISTINGUISHED FROM A CONTRACT
Torts – rights are independent from consent LRTA v. Navidad
Contract – rights are dependent from consent - A liability for tort may arise even under a contract, where torts is that
o Articles 1172-1173; 1314 New Civil Code which breaches the contract. Stated differently, when an act which
constitutes a breach of contract would have itself constituted the
Cangco v. Manila Railroad Co. source of a quasi-delictual liability had no contract existed between the
- The contact to transport a person carries with it, by implication, the parties, the contract can be said to have been breached by tort,
duty (of, say, a train company) to carry him in safety and to provide thereby allowing the rules on tort to apply.
safe means of entering and leaving its trains. That duty, being
contractual in nature, is direct and immediate, and its non- American Express International v. Noel Cordero

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 - General Rule: In order that an obligation based on quasi-delict may The Court further emphasized that tort interferers seeking their economic
arise, there must be no pre-existing contractual relation between the interest to intrude into existing contracts at the expense of other, is not
parties. encouraged, however, it also ruled that the conduct of herein petitioner being
- Exceptions: A liability for tort may arise even under a contract, where complained of did not transcend the limits forbidding an obligatory award for
tort is that which breaches the contract. When an act which constitutes damages in the absence of any malice. The business desire is there to make
a breach of contract would have itself constituted the source of a some gain to the detriment of the contracting parties. Lack of malice, however,
quasi-delictual liability, the contract can be said to have been breached precludes damages. But it does not relieve petitioner of the legal liability for
by tort, thereby allowing the rules on tort to apply. entering into contracts and causing breach of existing ones.
- To constitute quasi-delict, the fault or negligence must be the
proximate cause of the damage or injury suffered by the plaintiff. Consolidated Bank & Trust Co. v. CA
- To be sure, petitioner can revoke respondent’s card without notice, as - While in culpa contractual, once the plaintiff proves a breach of
was done here. It bears reiterating that the subject card would not contract, there is a presumption that the defendant was at fault or
have been confiscated and cut had respondent talked to petitioner’s negligent and the burden is on the defendant to prove that he was not
representative and identified himself as the genuine cardholder. It is at fault or negligent, in culpa aquiliana the plaintiff has the burden of
thus safe to conclude that there was no negligence on the part of proving that the defendant was negligent.
petitioner and that, therefore, it cannot be held liable to respondent
for damages. Crisostomo v. CA
- Doctrine of last clear chance – absolute defense
So Ping Bun v. CA - Contributory negligence – partial defense
Tortious interference – (1) existence of valid contract; (2) defendant must have
knowledge of the contract; (3) third person unlawfully or unjustly interfered II. QUASI-DELICTS
with the contract between parties – the interference must have malice.
Elements of Quasi-Delicts:
Art. 1314 of the Civil Code categorically provides also that, “Any third person a. Damages suffered by the plaintiff;
who induces another to violate his contract shall be liable for damages to the b. Fault or negligence of the defendant; and
other contracting party.”
c. The connection of cause and effect between the fault or negligence
of the defendant and the damages inflicted on the plaintiff.
A duty which the law of torts is concerned with is respect for the property of
others, and a cause of action ex delicto may be predicated upon an unlawful
NEGLIGENCE
interference by one person of the enjoyment by the other of his private
property. This may pertain to a situation where a third person induces a party
to renege on or violate his undertaking under a contract. In the present case,
Degree of Negligence
petitioner’s Trendsetter Marketing asked DCCSI to execute lease contracts in its 1. Simple/Ordinary Negligence – If a person fails to take the
favor, and as a result petitioner deprived respondent corporation of the latter’s reasonable precautions that any prudent person would take and
property right. their actions cause someone else harm, their action could be
considered negligent.
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 2. Slight Negligence – requires a person or entity to exercise a high - The owner or the person in possession and control of a vessel is
degree of care to avoid injuring others. This means that a small liable for all natural and proximate damages caused to persons and
degree of negligence is enough to meet the burden of proof. property by reason of negligence in its management or navigation.
3. Gross Negligence – the want of even slight care and diligence. It also - All the elements of quasi-delicts were established in this case.
amounts to fraud. By gross negligence is meant “such entire want of Knowing fully well that it was carrying dangerous chemicals,
care as to raise a presumption that the person in fault is conscious petitioner was negligent in not taking all the necessary precautions
of the probable consequences of carelessness, and is indifferent, or in transporting the cargo.
worse, to danger of injury to person or property of others.” The - As a result of the fire and the explosion during the unloading of the
negligence must amount to a reckless disregard of the safety of chemicals from petitioner’s vessel, respondent Borja suffered
person or property.” damages and injuries. Hence, the owner or the person in possession
and control of a vessel and the vessel are liable for all natural and
Test of Negligence proximate damage caused to persons and property by reason of
o Did the defendant in doing the alleged negligent act use that negligent management or navigation.
reasonable care and caution which an ordinarily prudent person
would have used in the same situation? (Picart v. Smith) Delsan Transport Lines v. C&A Construction
o Could a prudent man, in the case under consideration, foresee harm - It is not the speculative success or failure of a decision that
as a result of the course actually pursued? determines the existence of negligence in the present case, but the
failure to take immediate and appropriate action under the
Picart v. Smith circumstances.
- The existence of negligence in a given case is not determined by - Capt. Jusep, despite knowledge that the typhoon was to hit Manila
reference to the personal judgment of the actor in the situation in 8 hours, complacently waited for the lapse of more than 8 hours
before him. thinking that the typhoon might change direction. He did not
- The question as to what would constitute the conduct of a prudent transfer as soon as the sun rose because, according to him, it was
man in a given situation must of course be always determined in the not very cloudy and there was no weather disturbance yet.
light of human experience and in view of the facts involved in the - When he ignored the weather report notwithstanding reasonable
particular case. foresight of harm, Capt. Jusep showed an inexcusable lack of care
- Reasonable men govern their conduct by the circumstances which and caution which an ordinary prudent person would have observed
are before them or know to them. They are not, and are not in the same situation.
supposed to be, omniscient of the future. Hence, they can be
expected to take care only when there is something before them to Emergency rule – one who suddenly finds himself in a place of danger, and
suggest or warm of danger. is required to act without time to consider the best means that may be
adopted to avoid the impending danger, is not guilty of negligence, if he
Smith Bell v. Borja fails to adopt what subsequently and upon reflection nay appear to have
been a better method, unless the danger in which he finds himself is
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brought about by his own negligence; actor is required to act 1. The accident is of a kind which does not ordinarily occur unless
instantaneously. someone is negligent;
2. The cause of the injury was under the exclusive control of the
BURDEN OF PROOF person in charge; and
- It is the duty of the one who alleges to prove/present evidence, not 3. The injury suffered must not have been due to any voluntary action
the one who denies it. or contribution on the part of the person injured.

EXCEPTIONS: Presumption – matter of substantive law; there is a law or rule NEGLIGENCE OF PROFESSIONALS
stating that presumption MEDICAL NEGLIGENCE
Requisites:
Two types of presumption: 1. Duty
1. Conclusive – respondeat superior 2. Breach
2. Disputable (Art. 2184-2185) 3. Injury
4. Proximate causation
Art. 2184 v. Art. 2185
2184 – no violation but found guilty within 2 months preceding accident NEGLIGENCE OF ATTORNEYS
2185 – no record but he was committing a traffic violation at the time of
mishap CAUSATION
Art. 2188 One of the elements of quasi-delicts - proximate cause
The fault or negligence must be the proximate cause of the damage or injury.
Ong v. Metropolitan Water District
Proximate cause – that cause, which, in natural and continuous sequence,
Marikina Auto Line v. People unbroken by any efficient intervening cause, produces the injury, and without
which the result would not have occurred.
o That cause of the cause of the cause of the cause of the evil cause
RES IPSA LOQUITUR
o Defined as the dominant or immediate or efficient cause that sets the
“the thing speaks for itself”
other in motion
o Need not be the sole cause, or the direct cause, or the one which is
On Vicarious Liability: The doctrine is also called the doctrine of “imputed
nearest in time or place to the result.
negligence” in Anglo-American tort law. In Anglo-American law, vicarious
liability consists mainly of the liability of the employer for the tort conduct
Concurrence of efficient cause is where several causes, except those arising
of the employee committed in the performance of the latter’s assigned task.
from the plaintiff’s own acts, combined to produce injuries.
o Each wrongdoer is responsible for the entire result and is liable as
Requisites: though his acts were the sole cause of the injury.

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 o Two defendants (joint tortfeasors - solidarily liable)  Basis of negligence/quasi-delict
o A person is not relieved from liability because he is responsible for only  Where the particular harm sustained was reasonably
one of the efficient causes. foreseeable at the time of the defendant’s misconduct, his act
o Moreover, no actor’s negligence ceases to be a proximate cause merely or omission is the legal cause thereof.
because it does not exceed the negligence of other actors.  Alam ng defendant na mangyayari
o As long as the negligence act produces an injury/damage - liable  Limitations: (1) remoteness in time (ex. Nagyoyosi ka, alam
o Plaintiff’s negligence contributed to the injury - partial defense mong masusunog yung bahay dahil sa yosi, pwede maging
(contributory negligence) liable, pero if nasunog bahay after 2 days, di na liable); (2)
remoteness in place; (3) In cases there are different classes of
TESTS OF CAUSATION harm
5. Cause and Condition Test
1. Causation in Fact Test:  This distinguishes between the active cause of the harm and
 What part has the defendant’s conduct played in bringing the existing conditions upon which that cause operated.
about the result?  If the defendant has created only a passive, static condition
 The defendant is not liable for the plaintiff’s injury unless he which made the damage possible, he is not liable.
has cause it 6. Natural and Probable Consequences test
2. Substantial Factor Test  The defendant is liable only if the harm suffered is the natural
 The defendant’s conduct is a cause of the event if it was a and probable consequence of the act.
material element and a substantial factor in bringing it about.
It is a substantial factor if the result would not have occurred VICARIOUS LIABILITY
without it. o Doctrine of Vicarious Liability/ Theory of Imputed or Presumed
 Whether it was such a substantial factor is for the judge to Negligence
determine, unless the issue is so clear that reasonable men o Presumption
could not differ. o Art. 2180 of the NCC: The obligation imposed by Art. 2176 is
 The happening of the negligent act will automatically result to demandable not only for one’s own acts or omission, but also for those
the injury. of persons for whom one is responsible.
3. The “But For” or “Sine Qua Non” Test o There are two actors: (1) the person who committed the negligence act
 The defendant’s conduct is not a cause of the event, if the and (2) the person made vicariously liable - made whom responsibilities
event would have occurred without it. are imputed
 It serves to explain the greater number of cases but fails in one o Nature: primary and direct
type of situation, that is, in cases of concurrence of efficient o The liability imposed arises by virtue of a presumption of negligence on
causes. the party of the persons made responsible from their failure to exercise
 The injury can happen without the negligent act - you cannot due are and vigilance to prevent the damage.
apply this test if there is concurrence in efficient causes.
4. Foreseeability Test

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 o It is not the representation or interest, but the non-performance of o Basis? Parental authority - parental liability is made a natural or logical
certain duties of precaution and prudence which forms the foundation consequence of the duties and responsibilities of parents. It is
of such responsibility. anchored on parental authority which includes instructing, controlling
o Presumption of negligence on the part of the person made vicariously and disciplining the child who is in their custody and control.
liable (failed to exercise due care) o Is the liability exclusive? No more. Under the Family Code, the liability
o Example: EMPLOYER - failed to exercise due care on supervision or is without any alternative qualification. Under the Child and Youth
selection Welfare Code, the liability is amplified which provides that the
o Plaintiff may file directly against the employer even without impleading guardians or a relative or a family friend of the child may be held
the employee (the person who committed the tortious act) responsible. (joint parental authority) Pano yung orpahanage? SIno ang
o The liability is primary and direct. It is not subsidiary. The act being liable? The institution.
punished is the negligent act of the one made vicariously liable. o What is the age of majority? Under RA 6809, even if the age of majority
o The plaintiff may proceed against either or all the defendants. In law, has eben lowered, the vicarious liability of parents over children living
they are considered as joint tortfeasors and are solidarily liable. (Art. in their company extends until they reached the age of 21. It is
2194) specifically provided that nothing in the law shall be construed to
o Parents may be vicariously liable if they did not exercise DOAGFOAF to derogate from the duty or responsibility of parents and guardians for
their child. children and wards below 21 years of age mentioned in Art. 2180 of the
o The presumption is rebuttable. Negligence is imputed, unless the NCC.
person made vicariously liable prove the contrary. o Who is liable if the child is in the process of adoption? It depends. It can
o The responsibility ceases if it is proved that the persons who might be be the biological parent or the adopting parent. If the minor child is
held responsible exercised the diligence of a good father of a family. undergoing the process of adopting in court, it is the parents, whether
natural or adopting, who has actual custody at the time of the act
Who are vicariously liable? They are all presumed negligent complained of shall be held liable. Under the CYWC, parental authority
 Parents is provisionally vested in the adopting parents during the period of trial
 Guardians custody (the adopting parents are given actual custody). If trial custody
 Employers period had not yet begun or had already been completed, the actual
 Owner of vehicle custody was then with the natural parents.
 The State
 Schools and Teachers B. VICARIOUS LIABILITY OF GUARDIANS
 LGUs o In absence of parents
 Proprietor of a Building or Structure o Guardians are liable for damages cause by the minors or incapacitated
persons who are under their authority and live in their company.
A. VICARIOUS LIABILITY OF PARENTS o If the minor or insane person has no parents or guardians, he shall be
o The father and, in case of his death or incapacity, the mother, are answerable with his own property in an action against him where a
responsible for the damage caused by the minor children who live in guardian ad litem shall be appointed. (Art. 2182)
their company.

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Kinds of Guardians:
on the occasion of their
1. Legal guardian - refers to the parents, who act as such by provision of functions.
law and without need of judicial appointment,
2. Guardian ad litem - refers to a competent person appointed by the
- In both cases, it is necessary to establish the employer-employee
court for purposes of a particular action or proceeding involving the
relationship.
ward. (manages only particular acts of a ward)
- Elements of ER-EE Relationship: (1) Selection and engagement; (2)
3. Judicial guardian - refers to a competent person appointed by the court
Payment of wages; (3) Power of dismissal; and (4) Control as to the
over the person and property of the ward to represent the latter in all
means and methods by which the work is to be accomplished.
his civil acts and transactions. (manages of all acts and transactions of a
ward)
Actual performance of his assigned tasks or duties: The act done by an
employee must be in furtherance of the interests or for the account of the
Walang pera si guardian, sinong magbabayad? Property of the ward will answer
employer at the time of the infliction of injury.
for the damages. What if walang property? Impossible. One of the qualifications
yun in appointing as a guardian
Definition of “Manager”
- Does not include a manager who by itself is considered as an
C. VICARIOUS LIABILITY OF EMPLOYERS
employee.
- The owners and managers of an establishment or enterprise are
- Must be limited only to the actual employer
likewise responsible for damages caused by their employees in the
service of the branches in which the latter are employed or on the
Travel Agent?
occasion of their functions. (1st par.)
- There is no employer-employee relationship between the travel agent
- Employers shall be liable for the damages caused by their employees
and the airline company
and household helpers acting within the scope of their assigned tasks,
- Employer of the travel agent is the travel agency
even though the former are not engaged in any business or industry.
(2nd par.)
Working Scholar?
- The working scholar in relation to the school is considered as an
Distinctions of 1st and 2nd par:
employee of the school. (Janitor and student in the school)

1st par. 2nd par. Use of Employer’s Vehicle?

- Instance where employer provide employee a company vehicle. Who
Applies to owners and Applies to employers in general,
managers of an establishment whether or not engaged in any will be liable in case the employee committed tortious while driving the
or enterprise. business or industry. vehicle? If the employer derives benefit
- Employee should perform an act in furtherance of the interest of the
Covers negligent acts of Encompasses negligent acts of employer
employees committed either in employees acting within the - Lunch break using the vehicle - employer not vicariously liable
the service of the branches or scope of their assigned tasks.

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Respondent Superior? o Art. 2184. In motor vehicle mishaps, the owner is solidarily liable with
- Not similar as vicarious liability his driver, if the former, who was in the vehicle, could have, by the use
- Presumption is not conclusive of due diligence, prevented the misfortune.

The presumption of negligence on the part of the employer was either in the Conditions under Art. 2184:
selection or supervision of employees. The owner of the vehicle must be inside the vehicle.
- The owner must have reasonable opportunity to observe the
TWO ASPECTS OF PRESUMPTION negligent acts of the driver and direct him to desist therefrom
o In selection, the employer is required to examine the prospective but failed to do so. The owner is not liable for sudden acts of
employees as to their qualifications, experience and service records. negligence.
o In supervision, the employer must formulate standard operating - The act complained of must be continued in the presence of
procedures, monitor their implementation and impose disciplinary the owner for such a length of time that he, by acquiescence,
measures for breaches thereof. makes his driver’s act his own.
- It is not applicable if the vehicle is driven without the owner’s
The employer failed to exercise diligence in supervision of employees. knowledge and consent and by a person not employed by him
- Supreme Court: In proving diligence in supervision, the employer must (e.g. carnapping, unauthorized use of vehicle).
present documentary evidence, not just testimonies (e.g. certifications,
sample of company’s code of conduct, accounts or records of Registered Owner Rule:
disciplinary proceedings) - The registered owner of a motor vehicle is solidarily liable for the
- Thus, employer is vicariously liable. injuries caused by the negligence of the driver, despite the fact that the
vehicle was already subject to an unregistered deed of sale.
Can the parents, guardians or employers ask for reimbursement? YES. - The aim of motor vehicle registration is to identify the owner so that If
Art. 2181. Whoever pays for the damage caused by his dependents or any accident happens, responsibility can be fixed on a definite
employees may recover from the latter what he has paid or delivered in individual.
satisfaction of the claim. - However, the unauthorized use of vehicle or carnapping are valid
defenses (same as VL of owner of vehicle).
The parents, guardians and employers are held solidarily liable only for - If the owner sold the vehicle, he is still liable if the buyer has not
purposes of enforcement of liability. registered the vehicle. The remedy of the registered owner is the file a
third party complaint impleading the buyer.
D. VICARIOUS LIABILITY OF OWNER OF VEHICLE
o Different from employer; di kailangan na may employer-employee E. VICARIOUS LIABILITY OF THE STATE
relationship Basis?
o In VL of employer, the employer need not be inside the vehicle. - The government is not liable for the negligent acts of its regular officers
o Different from registered owner rule and employees in the performance of their ordinary functions.

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 - Negligence cannot be presumed on the part of the State in the performance of the governmental task. The State is VL as an ordinary
organization of the branches of public service and in the appointment employer.
of its agent. o If the State’s agent is not a public official and is commission to perform
a non-governmental function, the State assumes the role of an ordinary
Immunity from Suit? employer and is liable as such.
- When there is waiver. o State acting as an employer is different from State acting by virtue of its
governmental function.
Aspects of Liability? o Art. 2180 establishes a rule of liability and not suability. The State may
- Public/Governmental Aspect, the state is liable for the tortious act of be held liable only if its first allows itself to be sued.
special agents only. (The special agent must perform governmental
acts) Foreign States?
- Private/Business Aspect, the state becomes liable as an ordinary o Also, Art. 2180 is not applicable to foreign governments impleaded in
employer. (Vicarious Liability of an Employer applies) our courts since it only regulates the relations of local state and its
inhabitants.
Who is a Special Agent?
- Art. 2180. State is liable if it acted through a special agent. (negligence F. VICARIOUS LIABILITY OF TEACHERS & HEADS OF ESTABLISHMENTS OF
is presumed) ARTS AND TRADES
o The State has voluntarily assumed liability for acts done through special o Teachers and heads of establishments of arts and trade shall be liable
agents. for damages caused by their pupils and students or apprentices, so long
o The agent in performing his regular functions is not a special agent if he as they remain in their custody.
is so denominated as such.
o A special agent is one who receives a definite and fixed order or Rationale?
commission, foreign to the exercise of the duties of his office. o The rationale for the liability of schools heads and teachers is the
o A special agent can either be a public official or a private individual. principle of loco parentis (protective and supervisory custody) so long
o X is an individual/ordinary citizen who is not an officer of the as the students are in attendance in the school, including recess time.
government but was given a governmental task as a treaty negotiator. Again, the student need not be boarding with the school authorities.
X committed a tortious act. Is the State vicariously liable? YES. X is a o What if nag cutting classes? Teacher/school is not liable because it is
special agent he is performing a governmental act. outside the school premises and it is without the supervision of the
o If the State’s agent is a public official, he must not only be specially teacher. However, if the teacher HAS KNOWLEDGE of the student
commissioned to do a particular task but that such task must be foreign cutting classes.
to his usual governmental functions.
o If the State commissions a private individual for a special governmental Schools of Arts and Trade?
task, it is acting through a special agent. o Schools of arts and trades are engaged in the training of artisans
o What if public official/private individual and the State gave you a non- apprenticed to their master who personally and directly instructed
governmental act. Is the State VL? NO. What is material is the

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 them on the secrets and techniques of their crafts. (apprentice and o It is not necessary that at the time of the injury, the teacher be
master ay nakatira sa isang bahay) physically present and in a position to prevent it. Custody does not
o The apprentices usually boarded with their masters under his constant connote immediate and actual physical control but more to the
control, supervision and influence. influence exerted on the child.
o The teacher is VL only for the tortious act of the student. If there is an
Academic Institution? outsider and caused injury to the student, the school will be liable for
o Where the school is academic rather than technical or vocational, beach of contract/security (schools must provide safety for the
responsibility for tort committed by the student will attach to the student).
teacher in charge of such student. o The law does not require that the offending student be of minority age.
o Where the school is technical in nature, the head thereof shall be o Art. 2180 is not applicable if an outsider harmed a student. The school
answerable for tort committed by the apprentice. The heads of the does not exercise any custody, control or supervision over an outsider.
school of arts and trades exercised a closer tutelage over their However, the school may be held liable under an implied contract to
apprentices than the head of academic schools. provide students with an atmosphere that promotes or assists
o Before, it was held that the provision only applies to an institution of education without constant threat to their lives or limbs.
arts and trades and not to any academic educational institution. o Early dismissal
(Excode v. Capuno, G.R. 10134, June 29, 1957). Moreover, it was held
that the law contemplates a situation that the pupil lives and boards G. VICARIOUS LIABILITY OF LOCAL GOVERNMENT UNITS
with the teacher, such that the control, direction and influence on the o Art. 2189. Provinces, cities and municipalities shall be liable for
pupil supersede those of the parents. (Mercado v. CA, G.R. 14342, May damages for the death of, or injuries suffered by, any person by reason
30, 1960). of the defective condition of roads, streets, bridges, public buildings
o However, it was clarified that the provision should apply to all and under public works under their control or supervision.
schools. Academic as well as non-academic. (Amadora v. CA, G.R. o It is not necessary that the defective roads or streets belong to the
47745, April 15, 1988). LGU. The LGU may be liable for defective national highway within the
LGU’s control or supervision.
Duration? o LGUs are suable because their charters grant them competence to sue
o The custody is not necessarily coterminous with the semester. and be sued.
o What is important is that the student is under the control and influence
of the school and within its premises, whether the semester has not yet H. VICARIOUS LIABILITY OF BUILDING PROPRIETOR
begun or has already ended. - Art. 1723. The proprietor of a building or structure is responsible for
o As long as the student is in the school premises in pursuance of a the damages resulting from its total or partial collapse, if it should be
legitimate student objective or in the exercise of a legitimate student due to lack of necessary repairs.
right, the responsibility of the school continues (e.g. submission of term
papers and clearances). Proprietors shall also be responsible for damages caused by:
o Even if the student is just relaxing in the school premises doing nothing,
he is still within the custody and subject to the discipline of the school.

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 1. explosion of machinery which has not been taken care of with due
diligence, and the inflammation of explosive substances which has not b. Doctrine of Attractive Nuisance
been kept in a safe and adequate place; - One who maintains on his premises dangerous
2. excessive smoke, which may be harmful to persons or property; instrumentalities or appliances of a character likely to attract
3. falling of trees situated at or near highways or lanes, if not caused by children in play, and who fails to exercise ordinary care to
force majeure; prevent children from playing therewith, is liable to a child of
4. by emanations from tubes, canals, sewers or deposits of infectious tender years who is injured thereby, even if the child is a
matter, constructed without precautions suitable to the place. trespasser.
- Not applicable to bodies of water, artificial and natural, in the
- Art. 2190-2192. If damage should be the result of any defect in the absence of some unusual condition or artificial feature than
construction, third person suffering damages may proceed only against the mere water and its location.
the engineer or architect or contractor. - An excavation is an attractive nuisance where the children,
driven by their playful and adventurous instincts and not
DEFENSES IN ACTIONS FOR QUASI DELICT knowing the risks involved, jumped into the hole. (Ylarde v.
Aquino)
1. Plaintiff’s Own Negligence
- If plaintiff’s own negligence is the immediate and proximate 2. Contributory Negligence
cause of his injury, he cannot recover damages (Art. 2179). - If the plaintiff’s negligence is only contributory (concurring
- Petitioner’s failure to examine his bank statements appears as with defendant’s negligence), the immediate and proximate
the proximate cause of his own damage and the bank was not cause of the injury being that of the defendant’s lack of due
shown to be remiss in its duty of sending monthly statements care, the plaintiff may recover damages, but the courts shall
to petitioner. In other words, petitioner ignored the matter mitigate the damages to be awarded. (Art. 2179)
despite sufficient opportunity to prevent or detect any - A plaintiff who is partly responsible for his own injury should
misappropriation by his secretary. (Illusorio v. CA) not be entitled to recover damages in full but must bear the
- A patient who did not return for a follow up evaluation, in consequences of his own negligence.
defiance of her doctor’s advice, played a substantial part in - Similarly, the defendant must be held liable only for the
bringing about her own injury. (Fe Cayao-Lasam v. Ramolete) damages actually caused by his negligence.
- If the plaintiff has imbibed one or two bottles of beer and was
EXCEPTIONS: not wearing protective helmet is guilty of contributory
a. Theory of Implied Invitation negligence.
- In case of young children and other persons not fully sui juris, - If the master is injured by the negligence of a third person and
leaving a tempting thing exposed for children to play with by the concurring contributory negligence of his own servant
where they would be likely to gather for that purpose, may be or agent, the latter’s negligence is imputed to his superior and
equivalent to an invitation to them to make use of it. will defeat the superior’s action against the third person,
- Children are actuated by childish instincts and impulses drawn assuming of course that the contributory negligence was the
by curiosity and immature judgment. proximate cause of the injury of which the complaint is made.
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 - e.g. It also applies when a person participated in a dangerous
EXCEPTIONS: sport or accepted the dangers inherent in an activity as far as
- The defense does not apply in criminal cases committed through are obvious or necessary.
reckless imprudence. The alleged contributory negligence of the victim
does not exonerate the accused. EXCEPTION: A person is excused if an emergency is found to exist or if the life or
- One cannot allege the negligence of another to evade the effects of his property of another is in peril, or when he seeks to rescue his endangered
own negligence. property.
- Theory of Implied Invitation
- Attractive Nuisance 4. Doctrine of Last Clear Chance (Doctrine of Discovered Peril or
- Conclusive presumption favoring children below 9 years old that they Humanitarian Doctrine)
are incapable of contributory negligence. - A person who has the last clear chance or opportunity of
- However, lack of discernment or incapacity for negligence is avoiding an accident by the use of proper care,
disputable in case of children over 9 but below 15. notwithstanding the negligence of both parties, but failed to
- The rules on quasi-delict is not affected by the passage of RA do so is considered in law solely responsible for the
9344 (Juvenile Justice and Welfare Act), the latter provides consequences of the accident.
that “exemption from criminal liability does not exclude - It presupposes a perilous situation created or existing through
exemption from civil liability, which shall be enforced in the negligence of both parties.
accordance with existing laws.” - This is without reference to the prior negligence of the other
party.
3. Assumption of Risk - Contributory negligence of the other party injured will not de
- Under the principle of volenti non fit injuria, one who - When the negligent act of one is appreciably later in time than
voluntarily assumes the risk may not later on ask for damages. that of the other, or when it is impossible to determine whose
- This refers to self-inflicted injury or consent to the injury which fault or negligence should be attributed to the incident, the
precludes recovery of damages by one who has knowingly and one who had the last clear opportunity to avoid the impending
voluntarily exposed himself to danger, even if he is not harm and failed to do so is chargeable with the consequences.
negligent in doing so.
- e.g. When a person holds himself out as being competent to EXCEPTIONS:
do things requiring professional skill, he will be held liable for - It does not apply to culpa contractual cases.
negligence if he failed to exhibit care of one ordinarily skilled in - It does not apply in a situation where a person is to act instantaneously
the particular work which he attempts to do. and injury cannot be avoided by using all means available after the peril
- e.g. One of the risks in being a caretaker of animals, who was is or should have been discovered.
paid for his work as such, is the danger of being injured by - It does not apply in case of emergency.
them; it is a veritable accident of labor which should come - Under the emergency rule, where one who suddenly finds
under the labor laws. himself in a place of danger, and is required to act without
time to consider the best means that may be adopted to avoid
the impending danger, is not guilty of negligence if he fails to
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 adopt what subsequently and upon reflection may appear to
have been a better method. Unless the emergency in which he 9. Res judicata
finds himself is brought about by his own negligence. - An affirmative defense barring the same parties from litigating
a second lawsuit on the same claim.
5. Fortuitous Event Requisites:
- Events which could not be foreseen, or which through a. A previous final judgment;
foreseen, were inevitable. (Art. 1174) b. Final judgment on the merits; and
- No person is civilly liable for failure to comply with his c. Identity of parties, issues and causes of action.
obligations when prevented from doing so by a fortuitous
event. 10. Waiver
- Must not be contrary to law, good morals, public order and
Requisites: public policy.
a. The event must be independent of the will of the debtor;
b. The event must be either unforeseeable or inevitable; III. INTENTIONAL TORTS (Human Relations)
c. The event must be of such character as to render it impossible for the o Art. 19-33 New Civil Code
debtor to fulfill his obligation in the normal manner; and
d. The debtor must be free from any participation or aggravation of the Article 19. Every person must, in the exercise of his rights and in the
injury to the creditor. performance of his duties, act with justice, give everyone his due, and observe
honesty and good faith.
Exceptions:
a. Law or stipulation expressly provides; - The purpose is to set standards which must be observed not only in the
b. Nature of the obligation requires assumption of risk; exercise of rights but also in the performance of duties.
c. When loss is due partly to the debtor’s fault; - Commonly referred to as “Principle of Abuse of Rights”
d. When loss occurs after debtor has incurred delay; - Existence v. Exercise of Right?
e. When the debtor promised to deliver the same thing to two or more
persons who do not have the same interest; Requisites:
f. Obligation to deliver arises from criminal offense; and a. The existence of a legal right or duty;
g. When obligation is generic. b. Which is exercised in bad faith; and
c. For the sole intent of prejudicing or injuring another.
6.
7. Prescription - A person should be protected only when he acts in the legitimate
- An action for quasi-delict must be instituted within four years exercise of his right, that is, when he acts with prudence and in good
from the day it is committed. (Art. 1146) faith, but not when he acts with bad faith, negligence or abuse.
- Good faith is presumed which refers to the honest intention to abstain
8. Diligence of Good Father of a Family from taking any unconscientious advantage of another.
- Exception: Culpa Contractual
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 - Bad faith must be proven which refers to 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
Nikko Hotel v. Reyes latter for the damage.
The host is still under obligation to treat a gate-crasher fairly in order not to
expose him to unnecessary ridicule and shame. Acts Contra Bonos Mores
Requisites:
Cebu Country Club, Inc. v. Elizagaque a. An act which is legal;
An exclusive golf country club has the right to approve or disapprove an b. But which is contrary to morals, good custom, public order or public
application for proprietary membership. However, the right should not be policy;
exercised arbitrarily. c. Is done with intent to injure.

Globe Mackay Cable v. CA The article gave an adequate legal remedy for the countless gaps in the statutes
The right of the employer to dismiss an employee should not be confused with and untold numbers of moral wrongs which are impossible for human foresight
the manner in which the right is exercised. If the dismissal is done abusively, to provide.
then the employer is liable for damages.
Law v. Morality?
University of the East v. Jader The article did not obliterate the boundary between law and morality.
An educational institution is liable for damages for delayed relay of information At any rate, every good law draws its breath of life from morals, from those
to a student that he failed the course. Schools and professors cannot just take principles which are written with words of fire in the conscience of man.
students for granted and be indifferent to them.
Elopement?
- A public utility corporation cannot effect disconnection of service to a A married man who succeeded in winning the affection of a woman to the
delinquent customer without prior written notice. The prematurity of extent of having illicit relations with her committed an injury to the latter’s
the action is indicative of intent to cause additional mental or moral family in a manner contrary to morals and good customs. (Pe v. Pe)
suffering.
- A lessor cannot arbitrarily evict a tenant who failed to pay rents. No Breach of Promise of Marriage?
man is authorized to take the law into his own hands and enforce his Heart Balm suit lend itself more readily to abuse by designing women and
right with threats or violence. unscrupulous men.
The breach is not an actionable wrong unless the woman is a victim of moral
Article 20. Every person who, contrary to law, willfully or negligently causes seduction.
damage to another, shall indemnify the latter for the same. - This is not an actionable wrong
- The article provides a general sanction for illegal acts
- Crimes v. Torts o The fraudulent promise to marry made the woman surrender her
virtue to a man on the sincere belief that he would keep the promise

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 o The cause must be the promise of marriage and the effect is carnal a. That a person is benefited without a valid basis or justification; and
knowledge. b. That such benefit is derived at the expense of another.
o However, mere proof of sexual intercourse is insufficient.
Solutio Indebiti
In Pari Delicto?
o There is no moral seduction if sexual intercourse is a product of mutual Art. 26. Every person shall respect the dignity, personality, privacy and peace of
lust. mind of his neighbors and other persons. The following and similar acts, though
o There is no actionable wrong when a woman surrendered her virtue, they may not constitute a criminal offense, shall produce a cause of action for
regardless of the promise of marriage, because she was overwhelmed damages, prevention and other relief:
by her love for a man.
o There is no actionable wrong when a woman maintains relationship The article underscores the importance of human personality, dignity, integrity,
with a man with repeated acts of sexual intercourse, which is privacy and peace of mind.
incompatible with the idea of moral seduction.
o However, a woman is not in pari delicto if she left the man after finding 1) Prying into the privacy of another’s residence;
out that he was not going to marry her. The sexual intercourse is not a 2) Meddling with or disturbing the private life or family relations of
product of mutual lust. another;
3) Intriguing to cause another to be alienated from his friends;
Married Man? 4) Vexing or humiliating another on account of is religious beliefs, lowly
o Liable if the promise if fraudulent station in life, place of birth, physical defect, or other personal
condition.
Other Acts
o The bride/groom ran away, can they file damages? YES Prying? To look or inquire closely, curiously or inquisitively.

ARTICLE 22 & 23 Meddling or Disturbing? To intrude in other people’s affairs or business.

Art. 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 Intriguing? To cause another to be alienated from his friends.
the latter without just or legal ground, shall return the same to him.
Vexing or Humiliating? On account of religious belief, lowly station in life, place
Art. 23. Even when an act or event causing damage to another’s property was of birth, physical defects, personal condition.
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. Art. 27. Any person suffering material or moral loss because a public servant or
employees refuses or neglects, without just cause, to perform his official duty
Commonly referred to as “Principle of Unjust Enrichment” may file an action for damages and other relief against the latter, without
prejudice to any disciplinary administrative action that may be taken.
Requisites:
Requisites:
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 c. The defendant must be a public servant or employee
d. The refusal or neglect must be without just cause. Art. 31. When the civil action is based on an obligation not arising from the act
e. There is no cause of action if the act is outside official duty. or omission complained of as a felony, such civil action may proceed
independently of the criminal proceedings and regardless of the result of the
The duty of a fiscal in a preliminary investigation? latter.

Art. 28. Unfair competition in agricultural, commercial or industrial enterprises Art. 32. Any public officer or employee, or any private individual, who directly or
or in labor through the use of force, intimidation, deceit, machination or any indirectly obstructs, defeats, violates or in any manner impedes or impairs any
other unjust, oppressive or highhanded method shall give rise to a right of of the following rights and liberties of another person shall be liable to the
action by the person who thereby suffers damage. latter for damages:
In any of the cases referred to in this article, whether or not the defendant’s act
Art. 29. When the accused in a criminal prosecution is acquitted on the ground or omission constitutes a criminal offense, the aggrieved party has a right to
that his guilt has not been proved beyond reasonable doubt, a civil action for commence an entirely separate and distinct civil action for damages, and for
damages for the same act or omission may be instituted. Such action requires other relief.
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 The responsibility herein set forth is not demandable from a judge unless his act
complaint should be found to be malicious. or omission constitutes a violation of the Penal Code or other penal statute.
- Malicious prosecution applies only to criminal cases
- Disbarment cases, same as criminal cases. o The constitutional and legal safeguards must be observed. The article
provides a sanction to the deeply cherished rights and freedom
Quantum of Evidence enshrined in the Constitution.
o The defendant may be any person, who directly or indirectly,
I. Guilt beyond reasonable doubt – criminal cases obstructs, defeats, violates, impedes or impairs the rights and liberties
II. Clear and convincing evidence – Application for bail; of another.
III. Preponderance of Evidence – civil cases o It is not necessary that the defendant acted with malice or bad faith.
a. Greater weight of evidence o Judges are excluded from liability unless their acts or omissions
b. Probability of truth constitute a violation of the penal statute.
IV. Substantial evidence – administrative cases (labor, actions pending o Deportation? Cancellation of Passport?
before quasi-judicial agencies)
V. Preliminary Investigation – evidence that the respondent is probably Art. 33. In cases of defamation, fraud, and physical injuries a civil action for
guilty of the crime. damages, entirely separate and distinct from the criminal action, may be
brought by the injured party. Such civil action shall proceed independently of
Art. 30. When a separate civil action is brought to demand civil liability arising the criminal prosecution and shall require only a preponderance of evidence.
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.
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Art. 34. When a member of a city or municipal police force refuses or fails to o Manufacturers or processors liable to the consumers although no
render aid or protection to any person in case of danger to life or property, such contractual relationship exists between them.
peace officer shall be subsidiarily responsible therefor. The civil action herein o The liability is based on the principle that one who sends goods
recognized shall be independent of any criminal proceedings, and a out into the channels of trade for use of others is responsible for
preponderance of evidence shall suffice to support such action. the injury caused by a defect in the product.
o It does not cover instances where the product does not measure
IV. STRICT LIABILITY TORTS up to the buyer’s expectations. (bad bargains)
o The doctrine relates only to defective and unreasonable
o The defendant is liable for damages even without fault. Hence, there is dangerous products. It does not make the manufacturers or
no need to prove negligence. processors an insurer or liable for any harm under any
o This covers lawful acts or desirable activities with possibility to harm circumstances.
others or to create abnormal risks dangerous to society.
CONSUMER ACT (RA 7394)
o The law applies to Filipino or foreign manufacturer, produces and any
Possessor of Animals
importer, independent of fault, for damages caused to consumers by
Art. 2183. The possessor of an animal or whoever may make use of the
defects resulting from design, manufacture, construction, assembly,
same is responsible for the damage which it may cause, although it may
erection, formulas and handling and making up, presentation or
escape or be lost. This responsibility shall cease only in case the damage
packing of their products, as well as for the insufficient or inadequate
should come from force majeure or from the fault of the person who has
information on the use and hazards thereof. (Art. 97)
suffered damage.
o This provision renders either the owner or possessor of the animal
Defective Product
liable for damages. It covers both vicious and tame animals, even if it
o A product is defective when it does not offer the safety rightfully
should escape or be lost.
expected of it taking these relevant circumstances: (a) presentation of
o The liability is not based on negligence but on the principle that he who
product; (b) use and hazards reasonable expected of it; (c) the time it
possesses animals for his utility, pleasure or service must answer for
was put into circulation.
the damage.
o A product is not considered defective because another better quality
o Defenses: force majeure or plaintiff’s own negligence.
product has been placed in the market.

Tradesman/Seller is liable when:

Manufacturers/Processors
a. It is not possible to identify the manufacturer, builder, producer or
Art. 2187. Manufacturers and processors of foodstuffs, drinks, toilet
importer;
articles and similar goods shall be liable for death or injuries caused by any
b. The product is supplied, without clear identification of the
noxious or harmful substances used, although no contractual relation
manufacturer, producer, builder or importer;
exists between them and the consumers.
c. He does not adequately preserve perishable goods.
o Noxious or harmful substances caused death or injury.
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The T/S making payment to the damaged party may exercise the right to o The consumer may make immediate use of the alternatives when by
recover a part or whole of the payment made against the other responsible virtue of the extend of the imperfection, the replacement of the
parties, in accordance with their part or responsibility in the cause of the imperfect parts may jeopardize the product quality or characteristics,
damage effected. (Art. 98) thus decreasing its value.
o If the consumer opts for replacement, and the replacement of the
Defective Service product is not possible, it may be replaced by another of a different
o A service is defective when it does not provide the safety the consumer kind, mark or model, provided that any difference in price shall be
may rightfully expect of it taking these relevant circumstances: (a) the supplemented or reimbursed by the party which caused damage.
manner in which it is provided; (b) the result of hazards which may o Suppliers are jointly liable for imperfections in the quantity of the
reasonable be expected of it; and (c) the time when it is provided. product when, in due regard of the variations inherent thereto, their
o A service is not considered defective because of the use or introduction net content is less than that indicated on the container, packaging,
of new techniques. labeling or advertisement, the consumer having powers to demand,
alternatively, at his own option:
Service Supplier is liable when: a. The proportionate price;
o Damages caused to consumers by defects relating to the rendering of b. Supplementing of weight or measure differential;
the services as well as for insufficient or inadequate information on the c. The replacement of the product by another of the same kind,
fruition and hazards. (Art. 99) mark or model, without said imperfections; and
o Suppliers of durable and non-durable products are jointly liable for d. Immediate reimbursement of the amount paid, with monetary
imperfections in quality that render the products unfit or inadequate updating, without prejudice to losses and damages, if any.
for consumption for which they are designed or decrease their value, (Art. 101)
and for those resulting from inconsistency with the information o The Druggist is responsible as an absolute guarantor of what he sells.
provided on the container, packaging, labels or publicity messages, Instead of caveat emptor, it should be caveat venditor or let him be
advertisements, with due regard to the variations resulting from their certain that he does not sell to a purchaser or send to a patient one
nature, the consumer being able to demand replacement to the drug for another.
imperfect parts. o The Druggist cannot escape responsibility on the ground that it was
o If the imperfection is not corrected within 30 days, the consumer may accidental or an innocent mistake or that he had been very careful and
alternatively demand at his option: had observed extraordinary diligence.
a. The replacement of the product by another of the same kind, o The nature of the drugs is such that examination would not avail the
in a perfect state of use; purchaser anything. The druggist warrant that he will deliver the drug
b. The immediate reimbursement of the amount paid, with called for. A saleslady who misread the prescription is liable; the
monetary updating, without prejudice to any losses and drugstore business is imbued with public interest.
damages; and o Pharmacists who carelessly label a poison as harmless medicine and
c. Proportionate price reduction. send it so labeled into the market, are liable to all persons who,
o The parties may agree to reduce or increase the term of 30 days but without fault on their part, are injured by using it.
such shall not be less than 7 days nor more than 180 days.

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Head of the Family house; Videokes na napakaingay; Tindahan ng paputok – may cause fire;
Art. 2193. The head of a family that lives in a building or a part thereof, is Dumpsites.
responsible for damages caused by things thrown or falling from the same.
o Under Art. 71 of the FC, the management of the household is the right o Your remedy depends the kind of nuisance.
and duty of both spouses.
o In case of a family consisting of unmarried brothers and sisters, the What are the classifications of Nuisance.
head is one on whom the family depends for lead support. 1. As to Nature
a. Nuisance per se – is recognized as a nuisance under any and all
V. NUISANCE circumstances because it constitutes a direct menace that may
be summarily abated under the principle of necessity. (e.g.
“nuire” – to harm construction which obstructs the free use by the public of
Art. 694 – 707 New Civil Code streets and waterways are nuisance per se and can be
Art. 1291 Quasi Delicts summarily abated)
b. Nuisance per accidens – is that which depends upon certain
o The inclusion of nuisance in the provisions on property is conditions and circumstances; the existence of nuisance per
illogical since the subject covers not only the wrongful or accidens is a question of fact. (lawful activity but wrong
improper use of one’s property which is injurious to another, place/wrong timing). The court will determine the existence of
but also the act, omission or conduct although not involving a nuisance. This requires a court order.
the use of one’s property.
o Moreover, the NCC considers a public nuisance as a crime Summary abatement – even if there’s no intervention of local authority, it can
be removed. (applies only on nuisance per se)
while a private nuisance as a tort. Therefore, the proper and
Pano yung snakes na nakawala? Pwede mo bang hulihin agad yun? Is that a
logical place of nuisance is in the topic of quasi-delicts.
nuisance per se or per accidens? Under the principle of necessity, that is a
o Nuisance includes activities, conducts, and omission which can
nuisance per se. Kahit magalit yung animal rights groups, you have the right to
harm another property
detain the snake/wild animal.
o Study of Nuisance has always been considered as Tort

In the abatement of nuisance, a person cannot use what is beyond necessary.

How does the law define Nuisance? Art. 694. Any act or omission,
Ex: asong ulol, wag agad patayin.
establishment, business, condition of property, or anything else which: *injures
or endangers the health or safety of others; *annoys or offends the senses;
If it does not constitute direct menace to public peace, safety and order, it is
*shocks, defied, disregards decency or morality; *obstructs or interferes with
not necessary, so it’s not nuisance per se.
the free passage of any public highway or street, or any body of water; or
Karaoke – not unlawful but if it constitutes unnecessary annoyance or
*hinders or impairs the use of property.
convenience, it is considered as nuisance.

Examples: May piggery sa loob ng subdivision, it can be nuisance if it causes

2. As public/private
harm to another person; Bahay ng kapitbahay ay ginagawang prostitution
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 a. Public Nuisance – affects a community or neighborhood or any  Abatement without judicial proceedings (Art. 699) – nuisance per se
considerable number of persons, although the extent of the
annoyance, danger or damage upon individuals may be unequal. o The district health officer shall take care that one or all of the remedies
- Includes interference with: against a public nuisance are availed of. He shall also determine
a) public health – hog pen, keeping of diseased whether or not extrajudicial abatement is the best remedy against a
animal, or a malarial pond public nuisance. (Art. 700 and 702)
b) public safety – storage of explosives, shooting o If a civil action is brought by reason of the maintenance of a public
of fireworks in the streets, harboring a vicious nuisance, such action shall be commenced by the city or municipal
dog mayor. (Art. 701)
c) public morals – house of prostitution, illegal o A private person may file an action on account of a public nuisance if it
liquor establishments, gambling houses, is especially injurious to himself. (nuisance per se – may abate
indecent exhibitions extrajudicially)
d) public peace – loud and disturbing noises, o He may abate a public nuisance by removing, or if necessary, by
collection of a crowd destroying the thing which constitutes the same without committing a
e) public comfort – bad odors, smoke, dust and breach of the peace or doing unnecessary injury.
vibration o But it is necessary that:
f) public convenience – obstructing a highway or o demand be first made upon the owner or possessor the
a navigable stream or creating a condition property to abate the nuisance;
which makes travel unsafe o demand has been rejected;
b. Private Nuisance – is one that is not included in the definition. (Art. o abatement be approved by the district health officer and
695); defined by exclusion; executed with the assistance of the local police; and
o value of destruction does not exceed P3,000.00
REMEDIES & PROCEDURES
I. Criminal Action – if public nuisance
Against a Private Nuisance
II. Civil Action
 Civil action; or
III. Abatement
 Abatement without judicial proceedings. (Art. 705)
IV. Damages – the abatement of a nuisance does not preclude the right of
any person injured to recover damages for its past existence. (Art. 697)
o Any person injured by a private nuisance may abate it. However, it is
indispensable that the procedure for extrajudicial abatement of the
Prescription? – Lapse of time cannot legalize any nuisance whether public or
public nuisance by a private person be followed. (Art. 706)
private under Arts. 698 and 1143(2).

Unnecessary Injury
Against a Public Nuisance
o A private person or a public official extrajudicially abating a nuisance
 Criminal action (RPC or local ordinance);
shall be liable for damages:
 Civil Action; or
 If he causes unnecessary injury; or
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  If an alleged nuisance is later declared by the courts to o Every successive owner or possessor of property who fails or refuses to
be not a real nuisance. (Art. 707) abate a nuisance in that property started by a former owner or
possessor is liable therefor in the same manner as the one who
Easement against Nuisance created it. (Art. 696)
Art. 682. Every building or piece of land is subject to the easement which o The law does not regard the original ownership of the nuisance
prohibits the proprietor or possessor from committing nuisance through noise,
jarring, offensive odor, smoke, heat, dust, water, glare and other causes. Cases
Iloilo Cold Storage v. Municipal Council
Art. 683. Subject to zoning, health, police and other laws and regulations, - Facts: ABC Corp. constructed an ice plant but nearby residents
factories and shops may be maintained provided the least possible annoyance complained of that the smoke from the plant was injurious to their
is caused to the neighborhood. health and comfort. Later, the municipal council passed a resolution
requiring ABC Corp. to raise the smokestacks within a month or else
o The law intended to prohibit the proprietor or possessor of a building the establishment will be closed. ABC Corp. instituted an action to
or land from committing nuisance through noise, jarring, offensive enjoin the carrying out of the resolution.
odor, smoke, heat, dust, water, glare and other causes. - Ruling: Municipal councils have the power to declare and abate
o Yet, it can hardly be considered an easement which is defined as an nuisances but they do not have the power to find as a fact that a
encumbrance imposed upon an immovable belonging to a different particular thing is a nuisance when such thing is not a nuisance per
owner (Art. 613). se. Nor can they authorize the extrajudicial destruction of such thing.
These must be determined in the ordinary courts of law.
Easement v. Nuisance - Here, the ice factory is not a nuisance per se. It is a legitimate
o An easement is a real right while the prohibition does not create a real industry, beneficial to the people, and conducive to their health and
right but is a limitation upon the owner’s right to use his lands or comfort. If it be a nuisance due to the manner of its operation, that
buildings. question cannot be determined by a mere resolution of the board.
o The prohibition is based on the maxim sic utere tuo ut alienum non There must be a fair and impartial hearing before a judicial tribunal.
ladeas (so use your own as not to injure another’s property) and is not
consistent with the definition of easements.
*What if bumili ka ng bahay? Tapos yung bahay is on the verge of collapsing.
Tapos sinampahan ka ng civil action, baka raw pag may magsigarilyo dyan
masunog na or tumumba na? Pwede mo bang defense na “kabibili ko lang nyan, Salao v. Santos
di ko naman alam na nuisance yan”? Eventually, nag collapse na and may na - The SC ruled that the summary abatement of smoked fish factories is
aksidente. If tenant ka lang, and not the owner, pwede ka ba kasuhan for void there having been no hearing in court despite the passage of an
damages? Yes. (Art. 696) ordinance regulating the operation of such business.

Successive Owner/Possessor Bengzon v. Province of Pangasinan

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 - Facts: X and his family filed an action for damages by reason of Y’s gradually becomes a trading or manufacturing neighborhood, should
maintenance and operation of a stand pipe, pumping station and be held bound to submit to the ordinary annoyances, discomforts
open reservoir for the storage of water. X claimed that the plant and injuries which are fairly incidental to the reasonable and
emitted smoke and a disagreeable odor; that the chimney emitted general conduct of such business in his chosen neighborhood. The
sparks which, if carried by the wind, might cause his house to catch true rule would be that any discomfort or injury beyond this would be
fire; and that in case of earthquake, the tank might fall and crush his actionable, anything up to that point would not be actionable.
house. - One who settles in a district, which possesses natural resources of a
- Ruling: In locating its pumping station near X’ house, Y should have special kind, cannot prohibit the development of those resources
reasonably foreseen that the noise, vibration, smoke, odor and sparks merely because it may interfere in some degree with personal
would cause a constant annoyance, discomfort and danger. The satisfaction or aesthetic enjoyment.
construction and operation of the pumping plant in such close
proximity to X’s residence has rendered the same practically Sitchon, et al. v. Aquino
uninhabitable without exposing to risk the comfort, health and even - Facts: Several persons occupied various portions of the public streets
the lives of X and his family. and riverbeds in the City of Manila where they occupied houses
without governmental authority. The City Engineer advised them to
What is existing na yung pumping station/yung mahabo doon, tapos doon ka remove their houses with warning that otherwise a demolition will be
tumira, pwede bai pa-abate yun or mafile ng civil action? No. Kasi ikaw willingly conducted. The occupants filed a case for injunction to stop the
tumira doon. Existing na yung inconveniences/annoyances doon. demolition. The trial court declared the illegal construction as public
nuisances and ordered their demolition.
Ayala v. Baretto - Ruling: The NCC empowers the district health officer to determine
- Facts: P filed an injunction against D to enjoin the operation of a whether extrajudicial abatement is the best remedy against public
combined brewery and ice plant on General Solano Street, Manila. A nuisance. However, the Revised Charter of the City of Manila
real estate expert testified that the whole space would eventually be specifically places upon the City Engineer the duty to take care of the
devoted to manufacturing and other business. The area is attractive streets and removal of illegal structures. The NCC is a law of general
for such purposes by reason of its transportation facilities. application which must yield to the special law explicitly authorizing
- Ruling: The street in question is not strictly residential. There are the City Engineer to remove unauthorized obstructions.
numerous businesses near it in every direction. There is no doubt that
the appropriateness of the locality selected by the defendants as the
site of their proposed plant must have considerable bearing upon the Velasco v. Manila Electric
question whether the plant will create a nuisance. It appears that the - Facts: P sold some of his lots to D Corp. which built sub-station
locality in question is gradually being transformed from a fashionable transformers. The construction unceasingly produces sounds which
residence district to an industrial center. All that can be required of were of much higher level than the ambient sound of the locality.
men who engage in lawful business is that they shall regard the - Ruling: The general rule is that everyone is bound to bear the
fitness of locality. habitual and customary inconveniences that result from the
- On the other hand, one who becomes a resident in a trading or proximity of others, and so long as this level is not surpassed, he may
manufacturing neighborhood, or who remains while the district not complain against them. But if he prejudices exceed the
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 inconveniences that such proximity habitually brings, the neighbor resorting thereto, is liable to a child of tender years who is injured
who causes such disturbances is held responsible for the resulting thereby even if the child is technically a trespasser in the premises.
damage being guilty of causing nuisance. There can be no doubt that
commercial and industrial activities which are lawful in themselves
may become nuisances if they are so offensive to the senses that they VI. DAMAGES
render the enjoyment of life and property uncomfortable.
Concept
Paano yung kampana ng simbahan? Pinatunog ng 6 hours – beyond what is o Sum of money which the law awards or imposes as pecuniary
normal na yun. May file an action. compensation, recompense or satisfaction for an injury done.
o Rationale: so that the injured party may be made whole and restored
Hidalgo Enterprises v. Balandan
as nearly as possible to the position or condition he was in prior to the
- Facts: Aye Corp. is the owner of an ice plant factory and in its
injury.
premises were installed two tanks full of water, nine feet deep, for
cooling purposes of its engine. The factory compound was
Distinction
surrounded with fence but the edges of the tanks were barely a foot
 Injury is the illegal invasion of a legal right;
high from the surface of the ground. There was no guard assigned on
 Damage is the loss, hurt or harm which results from the injury; and
the gate where persons and vehicles could easily enter. One day, an
 Damages are the recompense awarded for the damage suffered.
8-year old boy entered the factory premises to take a bath in one of
said tanks, While bathing, he sank to the bottom and died of
Damnum Absque Injuria
drowning. The trial court and CA held that Aye Corp. maintained an
o There can be no damage without injury or when the loss or harm was
attractive nuisance and neglected to adopt necessary precautions to
not the result of a violation of a legal duty.
avoid accident.
o E.g. damage results from a person’s exercise of his legal rights.
- Ruling: The attractive nuisance doctrine is not applicable to bodies
of water, artificial as well as natural, in the absence of some unusual
condition or artificial feature other than the mere water and its
location. Nature has created streams, lakes and pools which attract
KINDS OF DAMAGES
children. Lurking in their waters is always the danger of drowning. If
1. General Damages – naturally and necessarily result from the wrong
the owner of private property created an artificial pool on his own
and may accrue to any person similarly situated. They need not be
property, merely duplicating the work of nature without adding any
specially pleaded and may be embraced in the general plea for “such
new danger, he is not liable because of having created an attractive
other relief as may be deemed just and equitable under the premises.”
nuisance. Here, Aye Corp.’s tanks are not attractive nuisance.
2. Special Damages – accrue to a particular individual by reason of the
particular circumstances of the case. They proximately but not always
Attractive Nuisance
immediately result from the breach and therefore cannot be implied by
o One who maintains on his premises dangerous instrumentalities or
law. They must be specifically prayed for.
appliances of a character likely to attract children in play and who fails
to exercise ordinary care to prevent children from playing therewith or
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Types of Damages
1. Actual or compensatory; Quasi-Delict
2. Moral; o In quasi-delicts, actual damages include all the natural and probable
3. Nominal; consequence of the act complained of, which have been foreseen or
4. Temperate or Moderate; could have reasonably foreseen by the defendant.
5. Liquidated; or
6. Exemplary or Corrective (Art. 2197) Crime
o In crimes, actual damages include all the natural and probable
A. ACTUAL DAMAGES consequence of the act complained of, whether or not such damages
o Recoverable due to pecuniary loss (Art. 2199) have been foreseen or could have reasonably foreseen by the
o Must be based on competent proof not speculation, conjecture or defendant.
guesswork. The court cannot assume that damage was sustained. o Civil liability ex-delicto – the concepts of restitution, reparation and
o The burden of proof is on the party claiming it except when the indemnification correspond to actual damages.
defendant admitted the claim for actual damages.
o Testimony of the witness is not sufficient evidence. Limitations
o The claim must be supported by evidence on record such as receipts. o Actual damages are limited to expenses genuinely incurred and those
o A list of expenses is not admissible. supported by receipts. Thus, the following cannot be considered:
o Note: without need of proof (Art. 2206 and 1764) 1. Receipts showing expenses incurred before the date
o Art. 7164. xxx. Article 2206 shall also apply to the death of a passenger of the crime;
caused by the breach of contract by a common carrier. 2. Those incurred after a reasonable lapse of time from
o Art. 2206. The amount of damages for death caused by a crime or burial of the victim and which do not have any relation
quasi-delict shall be at least three thousand pesos, even though there to the death, wake or burial;
may have been mitigating circumstances. xxx. 3. Those incurred for purely aesthetic or social purposes
o Daño Emergente – loss of what a person already possesses such as the lining with marble on the tomb of the
o Lucro Cesante – failure to receive as a benefit which would have victim;
pertained to him, e.g. unrealized profits. 4. Those which appear to have been modified to show an
increase in the amount of expenditure;
Good Faith and Bad Faith 5. Those which could not be reasonably itemized;
o If there is good faith, the damages recoverable are those which are the 6. Those which would have been incurred despite the
natural and probable consequence of the breach of obligation and death of the victim; and
which the parties have foreseen or could have reasonable foreseen at 7. Those which were not in fact shouldered by the
the time of the constitution of the obligation. immediate heirs of the victim, such as plane tickets of
o If there is bad faith, the damages recoverable are those which may be in-laws and other relatives.
reasonable attributed to the non-performance of the obligation. (Art.
Loss of Earning Capacity
2201)
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 o Variables: (a) the number of years for which the victim would o No premium should be placed on the right to litigate when there is no
otherwise have lived; and (b) the rate of loss sustained by the heirs of sufficient showing of bad faith in the party’s persistence of a case other
the deceased. than an erroneous conviction of the righteousness of his cause.
o Formula: 2/3 x [80 – age at the time of death] x [gross annual income – o Recoverable in the nature of actual damages.
reasonable and necessary living expenses] o It must be reasonable and made in favor of the litigant and not his
counsel. It is the judgment creditor who may enforce the attorney’s
Interest fees.
o When the obligation breached consists in the payment of a sum of o The reason for the award of attorney’s fees must be stated in the text
money, e.g. a loan or forbearance, the interest due should be that of the court’s decision and not merely on the dispositive portion. There
which may have been stipulated in writing. Further, the interest due must be justification.
shall itself earn legal interest from the time it is judicially demanded. In
the absence of stipulation, the rate of interest shall be 6% pa. (N.B. Article 2208
Circular No. 799, Series of 2013, the BSP lowered the legal rate of o Art. 2208. In the absence of stipulation, attorney’s fees and expenses
interest for loan or forbearance of money from 12% to 6% pa.) of litigation, other than judicial costs, cannot be recovered, except:
o When an obligation, not constituting a loan or forbearance of money, 1) When exemplary damages are awarded;
is breached, an interest on the amount of damages awarded may be 2) When the defendant’s act or omission has compelled
imposed at the discretion of the court at the rate of 6% pa. No interest the plaintiff to litigate with third persons or to incur
however shall be adjudged on unliquidated claims or damages except expenses to protect his interest;
when or until demand can be established with reasonable certainty. 3) In criminal cases of malicious prosecution against the
Accordingly, where the demand is established, the interest shall begin plaintiff;
to run from the time the claim is made judicially or extrajudicially. But 4) In case of a clearly unfounded civil action or
where such certainty cannot be established at the time the demand is proceeding against the plaintiff;
made, the interest shall begin to run only from the date the judgment 5) Where the defendant acted in gross and evident bad
of the court is made. faith in refusing to satisfy the plaintiff’s plainly valid,
o When the judgment of the court awarding a sum of money becomes just and demandable claim;
final and executory, the rate of legal interest, whether par. 1 or 2, shall 6) In actions for legal support;
be 6% pa from such finality until its satisfaction, this interim period 7) In actions for the recovery of wages of household
being deemed to be an equivalent to a loan or forbearance. helpers, laborers and skilled workers;
o Interest due shall earn legal interest from the time it is judicially 8) In actions for indemnity under workmen’s
demanded, although the obligation may be silent upon this point. (Art. compensation and employer’s liability laws;
2212) 9) In a separate civil action to recover civil liability arising
from a crime;
Attorney’s Fees 10) When at least double judicial costs are awarded;
o In the absence of stipulation, attorney’s fees and expenses of litigation,
other than judicial costs, cannot be recovered; except. Art. 2208

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 11) In any other case where the court deems it just and 9) Acts mentioned in Art. 309;
equitable that attorney’s fees and expenses of 10) Acts and actions referred to in Arts. 21, 26, 27, 28, 29, 30, 32,
litigation should be recovered. 34 and 35.
In all cases, the attorney’s fees and expenses of litigation must be reasonable.
The parents of the female seduced, abducted, raped, or abused, referred to in
B. MORAL DAMAGES No. 3 of this article, may also recover moral damages.
o Understood in the concept of grants. Not punitive or corrective. The spouse, descendant, ascendants, and brothers and sisters may bring the
o Recoverable if they are the proximate result of the defendant’s action mentioned in No. 9 of this article, in the order named.
wrongful act or omission. There must be factual basis. (Art. 2217)
o Although incapable of pecuniary estimation, the amount must be Libel
proportional to the suffering inflicted. It must be pleaded and proven, o It must be defamatory, malicious, given publicity and the victim is
except in rape, murder or homicide, where moral damages are identifiable.
mandatory upon the fact of commission of the crime; proof of actual o Malice in law and fact. Absolute privilege and qualified privilege
loss is not necessary. communications. (e.g. fair commentaries on matters of public interest,
o The determination is discretionary on the part of the court. private communication in the performance of legal, moral or social
o The plaintiff must ascertain or fix an amount for purposes of duty, fair and true report made in good faith)
determining the amount of docket fees. o Group libel – defamation of a large group does not give rise to a cause
o The sentimental value of the property may be considered. (Art. 2218) of action on the part of an individual unless it can be shown that he is
o The determination is discretionary on the part of the court. the target of the defamatory matter. As the size of the group increases,
o The plaintiff must ascertain of fix an amount for purposes of the chances for the members of such group to recover damages
determining the amount of docket fees. becomes elusive.
o The sentimental value of the property may be considered (Art. 2218). o Allegations and averments in a lawyer’s pleading are absolutely
o Instances where recoverable (Art. 2219) privileged as long as they are relevant or pertinent to the issues.

Article 2219 Malicious Prosecution

o Art. 2219. Moral damages may be recovered in the following and o False Accusation (denuncia falsa). The action was instituted with
analogous cases: intention of injuring the defendant without probable cause, and which
1) A criminal offense resulting in physical injuries; terminates in favor of the person prosecuted.
2) Quasi-delicts causing physical injuries; o There should be no penalty on the right to litigate. The plaintiff must
3) Seduction, abduction, rape, or other lascivious acts; prove the fact of prosecution, that the defendant was himself the
4) Adultery or concubinage; prosecutor or that he instigated its commencement, that it finally
5) Illegal or arbitrary detention or arrest; terminated on his acquittal, that in bringing it the prosecutor acted
6) Illegal search; without probable cause, and that he was actuated by malice or sinister
7) Libel, slander, or any other form of defamation; motives.
8) Malicious prosecution; o Mere act of filing a case is not enough.

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 o The fact of termination must precede the complaint for malicious o Later, it was ruled that a juridical person cannot experience physical
prosecution. suffering because it has no feelings.
o Where there is probable cause, the charge of malicious prosecution is o However, the claim for moral damages under item 7 of Art. 2219 may
defeated, regardless of the considerations of malice. be recovered in cases of libel, slander or any other form of defamation.
o The proceeding must be judicial in character. A disbarment case may The provision does not qualify whether the plaintiff is a natural or
be the basis for a subsequent action for malicious prosecution. juridical person.
o A witness cannot be held liable for malicious prosecution.
o Adverse result of an action does not make the action subject to C. NOMINAL DAMAGES
damages. The advice of counsel is a complete defense (reliance in o Damages in name only but not in fact.
good faith). It is immaterial whether the attorney’s advice was sound o Adjudicated in order that a right of the plaintiff, which has been
or erroneous. violated or invaded by the defendant, may be vindicated or recognized
(Art. 2221).
Breach of Contract o Awarded not for the purpose of indemnifying the plaintiff for any loss
o Willful injury to property may be a legal ground for awarding moral suffered.
damages if the court should find that, under the circumstances, such o It may be awarded in every obligation arising from any source, or in
damages are justly due. every case where any property right has been invaded (Art. 2222)
o The same rule applied to breaches of contract where the defendant o It cannot co-exist with actual damages.
acted fraudulently or in bad faith. (Art. 2220) o May be awarded absent competent proof of actual damages suffered.
o E.g. wanton and reckless failure to timely check and remedy the video
recorder during a wedding. Examples:
 Illegal dismissals for just or authorized causes without observance of
Analogous Cases procedural due process. Damages is stiffer in cases of authorized
o E.g. Analogous cases: writ of attachment based on a false affidavit causes because they were initiated by the employer.
(malicious prosecution); illegal dismissal cases attended by bad faith or  A bank who allowed a complete stranger to take possession of the
fraud; kidnapping (illegal detention) owner’s duplication certificate even if the purpose is merely for
o E.g. permanen scar and loss of right eye causing mental anguish, photocopying.
wounded feelings and shock. However, moral damages for alleged loss  Nominal damages cannot be awarded where no right is violated.
of her boyfriend by reason of the accident is not subject to damages.
The reasons for break up are too many and complicated. D. TEMPERATE DAMAGES
o If pecuniary loss could be established with certainty, award of
Juridical Persons temperate damages is erroneous. Damages cannot be both actual and
o In earlier cases, moral damages in favor of a corporation may be temperate.
awarded if it has good reputation that is debased, resulting in social o In crimes, if the actual damages proved is less than the temperate
humiliation. damages pursuant to recent jurisprudence, award the latter.
o E.g. if there is no evidence of burial and funeral expenses
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  Claimant must first establish his right to moral, temperate,
E. LIQUDATED DAMAGES liquidated or temperate damages; and
o Damages that the parties agreed to be paid in case of breach of the  The wrongful act must be accompanied by bad faith and the award
obligation. would be allowed only if the guilty party acted in wanton,
o These damages take the nature of penalties. (A penal clause is an fraudulent, reckless, oppressive or malevolent manner.
accessory undertaking to assume a greater liability in case of breach)
o is necessary. The stipulation is intended to obviate controversy on the Examples:
amount of damages.  In crimes committed with aggravating circumstance (Art. 2230)
o Attorney’s fees in the concept of actual damages unless when it is understood in its broad or generic sense;
stipulated and therefore considered liquidated.  In contracts and quasi-contract if defendant acted in wanton and
o Like a penal clause, it is intended to ensure the performance of the malevolent manner (Art. 2232);
principal obligation.  Surgical operation damages to provide example in the medical
o It may be reduced when the principal obligation has been partly or profession;
irregularly performed. Even if there is complete performance it can be  Illegal dismissal cases;
reduced if iniquitous or unconscionable. (Art. 1229)  Sexual violence against a minor;
o If the breach committed is not the one contemplated by the parties in  Raping a pregnant woman or a married woman in the presence of her
agreeing upon the liquidated damages, the law shall determine the husband;
measure of damages, and not the stipulation (Art. 2228)  Raping a lifeless body;
 Aberrant sexual behavior (relationship).
F. EXEMPLARY DAMAGES
o Punitive or vindictive. Corrective measure and deterrent to serious G. WAIVER
wrongdoings, highly reprehensible or outrageous conduct. o A stipulation whereby exemplary damages are renounced in advance is
o Rationale: To provide an example or correction for the public good. It void. (Art. 2235)
permits the court to reshape behavior that has socially deleterious
consequences.
o It need not be proved provided that plaintiff must show his entitlement
to other damages before the court may consider whether or not
punitive damages may be awarded.
o Requisites:
 It may be imposed by way of example or correction in addition to
compensatory damages;
 Cannot be recovered as a matter of right, their determination
depends upon the amount of actual damages that may be
awarded;

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