UST Golden Notes 2011

UST GOLDEN NOTES 2011
TORTSANDDAMAGES
BOOKITORTS
I.PRINCIPLES
A.ABUSEOFRIGHT;ELEMENTS
Q:Whatistheprincipleofabuseofrights?
A:Everypersonmust,intheexerciseofhisrights
and in the performance of his duties, act with
justice, give everyone his due, and observe
honestyandgoodfaith.(Art.19,NCC)
NOTE: This principle is based upon the famous

maximsuumjussummainjuria(theabuseofaright
is the greatest possible wrong). (Arlegui v. CA G.R.
No.126437,Mar.6,2002)
Q: What are the elements of the principle of

abuseofrights?
A:
1. Legalrightorduty
2. The right or duty is exercised in bad
faith,and
3. For the sole intent of prejudicing or
injuringanother
B.UNJUSTENRICHMENT
Q: What is the principle behind the prohibition

againstunjustenrichment?
A: Nemo cum alteris detrimento locupletari

potestornooneshallunjustlyenrichhimselfat
theexpenseofanother.
Coverage:thearticleappliesonlyif:
i.
Someone acquires or comes into
possessionofsomethingwhichmeans
deliveryoracquisitionofthings;and
ii.
Acquisitionisundueandattheexpense
of another which means without any
justorlegalground.
NOTE:Thegovernmentisnotexemptedfromthe
principleofunjustenrichment.
Q:Whatistheremedyforunjustenrichment?
A:AccionInRemVerso.Itisanactionforrecovery
ofwhathasbeenpaidwithoutjustcause.
NOTE:Thisisonlyasubsidiaryaction.
NOTE: Mistake is not an essential element, as

opposed to solutio indebiti where mistake is an
essentialelement.
500
ProtectionofHumanDignityEverypersonshall
respect the dignity, personality, privacy and
peaceofmindofhisneighborsandotherpersons.
Q: What are the requisites for accion in rem

verso?
A:
1. Thatthedefendanthasbeenenriched;
2. Thattheplaintiffhassufferedaloss;
3. Thattheenrichmentofthedefendantis
withoutjustorlegalground
4. That the plaintiff has no other action
based on contract, quasicontract,
crimeorquasidelict.
Q:Whenmayaccioninremversobeavailedof?
A: It can only be availed of if there is no other

remedy to enforce it based on contract, quasi
contract,crimeorquasidelict.
Q: Distinguish accion in rem verso from solutio

indebiti.
A:
ACCIONINREMVERSO
SOLUTIOINDEBITI
Itisnotnecessarythat Paymentbymistakeis
paymentbemadeby
anessentialelement
mistake
Q: Is rendition of services included under Art.

22?
A: No. If services were rendered by someone

benefiting another, it does not mean that the
latterisexemptedfromindemnifyingtheformer.
TheliabilitywilllieonquasicontractunderArticle
2146.
C.LIABILITYWITHOUTFAULT
Q: Is Liability Without Fault different with

DamnumAbsqueInjuria?
A:Yes.LiabilitywithoutFaultincludes:
a. Strict Liability there is strict liability if
one is made independent of fault,
negligence or intent after establishing
certainfactsspecifiedbylaw.Itincludes
liability for conversion and for injuries
caused by animals, ultrahazardous
activitiesandnuisance.
b. Product Liability is the law which
governs the liability of manufacturers
and sellers for damages resulting from
defective products. (Aquino, T., Torts
andDamages,2005,SecondEd.)
CIVILLAWTEAM:
ADVISER:ATTY.ELMERT.RABUYA;SUBJECTHEAD:ALFREDOB.DIMAFELIXII;
ASST.SUBJECTHEADS:KARENFELIZG.SUPNAD,LAMBERTOL.SANTOSIII;MEMBERS:PAULELBERTE.AMON,ALSTONANARNA,OZANJ.
FULLEROS,CECILIOM.JIMENO,JR.,ISMAELSARANGAYA,JR.;CONTRIBUTORS:LOISERAEG.NAVAL,MONICAJUCOM
TORTS AND DAMAGES

Q: What is the concept of Damnum Absque
Injuria?
A: A person who only exercises his legal rights

does no injury. If damages result from such
exerciseoflegalrights,theconsequencesmustbe
borne by the injured person alone. The law
affordsnoremedyfordamagesresultingfroman
act which does not amount to a legal injury or
wrong.
Q: Is the owner of a property obliged to take

reasonable care towards a trespasser for his
protectionorfromconcealeddanger?
A:
GR:No.
XPN:
1. Visitors Owners of buildings or
premisesoweadutyofcaretovisitors.
2. ToleratedPosessionTheownerisstill
liable if the plaintiff is inside his
property by tolerance or by implied
permission.
Commoncarriersmaybeheldliablefor
negligencetopersonswhostayintheir
premises even if they are not
passengers.
3. DoctrineofAttractiveNuisance
4. State of Necessity (Art. 432) A

situation of present danger to legally
protectedinterests,inwhichthereisno
other remedy than the injuring of
anothers also legally protected
interest.
D.ACTSCONTRARYTOLAW
Every person who, contrary to law, willfully or

negligently causes damage to another, shall
indemnifythelatterforthesame.(Art.20,NCC)
Q:Doestheabovestatedruleapplytoallcases
violationoflaw?
A: No. Generally, laws provide for their own

sanctions and methods of enforcement thereof.
Article 20 applies only in cases where the law
doesnotprovideforitsownsanction.Saidarticle
provides for a general sanction indemnification
fordamages.(Pineda,2004)
Q: In view of the general sanction provided for

under Art. 20, may a person have an absolute
righttobeindemnified?
A: No. It is essential that some right of his be

impaired. Without such, he is not entitled to
indemnification.(Pineda,2004)
E.ACTSCONTRARYTOMORALS
Q:DifferentiateArticle20fromArticle21ofthe
CivilCode.
A:Article20speaksofthegeneralsanctionforall
other provisions of law which do not especially
provide for their own sanction. Article 21 on the
other hand, speaks of act which is legal but is
contrarytomorals,goodcustom,publicorderor
publicpolicyandisdonewithintenttoinjure.
NOTE:Anypersonwhowillfullycauseslossorinjury
to another in a manner that is contrary to morals,
goodcustomsorpublicpolicyshallcompensatethe
latterforthedamage.(Art.21,NCC)
Q: What are the elements of acts contra bonus

moresunderArt.21,NCC?
A:
1. Thereisanactwhichislegal;
2. but which is contrary to morals, good
custom, public order, or public policy;
and
3. itisdonewithintenttoinjure.
Q: When is breach of promise to marry an

actionablewrong?
A: It becomes actionable if there are additional

circumstancessuchas:
1. therewasfinancialdamage;
2. socialhumiliationwascausedbytoone
oftheparties;and,
3. where there was moral seduction.
(Aquino,T.,TortsandDamages,Second
Ed.,p351)
ACADEMICSCHAIR:LESTERJAYALANE.FLORESII
UNIVERSITYOFSANTOTOMAS
VICECHAIRSFORACADEMICS:KARENJOYG.SABUGO&JOHNHENRYC.MENDOZA
Facultad de Derecho Civil
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II.CLASSIFICATIONOFTORTS
A.ACCORDINGTOMANNEROFCOMMISSION
Q: What are the classes of torts according to

mannerofcommission?
A:
1. Negligent torts It involves voluntary
acts or omissions which results in injury
toothers,withoutintendingtocausethe
same.
2. Intentional torts The actor desires to

cause the consequences of his act or
believes the consequences are
substantiallycertaintoresulttherefrom.
3. StrictliabilityThepersonismadeliable
independent of fault or negligence upon
submissionofproofofcertainfacts.
4. Constitutional torts The violation of a

persons rights under Article III (Bill of
Rights) of the 1987 Constitution as
contemplated in Article 32 constitutes
constitutionaltort.
5.
B.ACCORDINGTOSCOPE:GENERALOR
SPECIFIC
6.
1. General the catchall provisions on
torts provided for in the civil code i.e.
Articles19,20and21.Theeffectisthat
there is a general duty owed to every
person not to cause harm either
willfully or negligently. Articles 19, 20,
and 21 are provisions on human
relationsthatwereintendedtoexpand
the concept of torts in this jurisdiction
by granting adequate legal remedy for
the untold number of moral wrongs
whichisimpossibleforhumanforesight
to specifically provide for in the
statutes. (Aquino, 2005, citing PNB v.
CA,etal.83SCRA237)
2. Specific torts It includes trespass,

assault and battery, negligence,
products liability, and intentional
infliction of emotional distress. As
defined, torts fall into three different
categories: intentional, negligent and
liability (manufacturing and selling
defective products), product liability
tort.
a. art19,20,21(catchallprovisions)
502
b.
unjustenrichment(arts.22,23,
2142&2143)
c. violationofrightofprivacyand
familyrelations
d. derelictionofofficialdutyofpublic
officers
e. unfaircompetition
f. maliciousprosecution
g. violationofrightsandlibertiesof
anotherperson
h. nuisance
III.THETORTFEASOR
A.THEDIRECTTORTFEASOR
Q:Whoarethepersonsliableforaquasidelict?
A:Defendantsintortcasescaneitherbenatural
orartificialbeings.
Q:Canacorporationbeheldliablefortorts?
A: Yes. A corporation is civilly liable in the same

manner as natural persons. (PNB v. CA, 83 SCRA
237)
NOTE: With respect to close corporations, the

stockholders who are personally involved in the
operation of the corporation may be personally
liable for corporate torts under Section 100 of the
CorporationCode.
RE: Corporation by Estoppel: all persons who

assume to act as a corporation knowing it to be
without authority to do so shall be liable as
general partners for all debts, liabilities and
damagesincurredorarisingasaresultthereof.
With respect to partnerships, the partnership is

solidarily liable with the partner if the latter
commit tortuous acts while acting in the pursuit
of partnership business. This principle is
consistent with the mutual agency rule in
partnership.
Subject to rules regarding waiver of immunity

from suits, defendants may include the State, its
political subdivisions, and governmentowned
andcontrolledcorporations.
CIVILLAWTEAM:
TORTS AND DAMAGES

B.PERSONSMADERESPONSIBLEFOROTHERS
1.INGENERAL
Q:Whoarethepersonsmaderesponsiblefor
others?
A:
1. Father/motherfortheirminorchildren.
2. Guardiansareliablefortheminorsand
incapacitated persons under their
authority.
3. Owners/managers of establishment or
enterprisefortheiremployees
4. Employers for their employees and
householdhelpers.
5. Statefortheirspecialagents
6. Teachers/Heads of establishment of
arts
and
trades
for
their
pupils/students/apprentices (Art. 2180,
NCC).
Q:Whatisthedifferencebetweenaminorchild
and an incapacitated person in the preceding
number?
A: Minors here refer to those who are below

twentyoneyears(21)andnottothosebelow18
years. While incapacitated persons refer to
personsbeyondtwentyone(21)yearsofagebut
areincapacitatedsuchasthosewhoareinsaneor
imbecile. (Pineda, Torsts and Damages, 2009,
p.81)
Q:Whataretherequisitesofvicariousliabilityof
parents?
A:
1. The child is below twentyone (21)
yearsofage
2. The child committed a tortuous act to
the damage and prejudice of another
person
3. The child lives in the company of the
parent concerned whether single or
married.
Q:Whoisresponsibleforanillegitimatechild?
A:Ifthechildisillegitimateandacknowledgedby
the father and lives with the latter, the father is
responsible.However,anillegitimatechildwhois
notrecognizedbytheputativefatherbutisunder
the custody and supervision of the mother, it is
thelatterwhoistheonevicariouslyliable.
Q: Is the mother liable simultaneously with the

father?
A: No. The law does not make the father and

mothersimultaneouslyliable.Itisonlyinthecase
of death or incapacity of the father, that the
mothermaybeheldliable.
NOTE: Consequently, the wife as a codefendant

with the husband or if impleaded alone while the
husband isaliveand well, may movetodismissthe
casefiledagainstherforbeingpremature.(Romano
v.Parinas,101Phil.141)
Q:Aredefactoguardiansvicariouslyliable?
A: Yes. It is but just that if the children commit

tortuous acts while living with them and are
below21yearsofage,thelawshouldbeapplied
byanalogy.
Note:Defactoguardiansarerelativesandneighbors
who take unto themselves the duty to care and
support orphaned children without passing through
judicialproceedings.
Q: What is the rule in vicarious liability of

ownersandmanagers?
A:
GR:Ameremanager,whodoesnotownthe
business, is not to be considered an
employerbecauseasamanager,heisjusta
highclassemployee.
XPN: A manager who is not an owner but

who assumes the responsibility of
supervision over the employees of the
ownermaybeheldliablefortheactsofthe
employees.
NOTE: To be liable, the manager must be acting as

an employer of with the same authority as the
owner.
Q:Whenistheemployerliableforthetortuous
actoftheemployee?
A:TomaketheemployerliableunderArt2180(5
and6),itmustbeestablishedthattheinjuriousor
tortuous act was committed at the time the
employeewasperforminghisfunctions.
Note: If there is deviation from the scope of

employment, the employer is not liable, no
matter how short in time is the deviation.
(Pineda,TorstsandDamages,2009,p.97)
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Q:Whatistheruleonindependentcontractors?
A:
GR: An independent contractor is not an
employee of the person who engaged his
services. The independent contractor is free
toexecutetheworkwithoutbeingsubjectto
theordersoftheemployeronthedetailsof
work.
XPN:Iftheemployerretainsthecontroland
supervision over the person engaged with
respect to the work to be done, there is
between them an employeremployee
relationship.
A.QUASIDELICTSUNDERARTICLE2180,
HOWINTERPRETED
Q: How is quasidelict under Art. 2180

interpreted?
A: A person or juridical entity is made liable

solidarilywithatortfeasorsimplybyreasonofhis
relationshipwiththelatter.Therelationshipmay
eitherbeaparentandchild;guardianandward;
employerandemployee;schoolandstudent.
NOTE:Art.2176,NCCWhoeverbyactoromission
causes damage to another, there being no fault or
negligence is obliged to pay for the damage done.
Such fault or negligence, if there is no preexisting
contractualrelationbetweentheparties,is calleda
quasidelictandisgovernedbytheprovisionsofthis
Chapter.
Q: When is the actual tortfeasor not exempted

fromliability?
A: The minor, ward, employee, special agent,

pupil, students and apprentices who actually
committedthedelictualactsarenotexemptedby
thelawfrompersonalresponsibility.Theymaybe
sued and made liable alone as when the person
responsible for them or vicarious obligor proves
thatheexercisedthediligenceofagoodfatherof
afamilyorwhentheminororinsanepersonhas
no parents or guardians. In the latter instance,
theyareanswerablewiththeirownproperty.
Q:Whataretheremediesofaninjuredpartyfor
thetortuousactofanemployee?
A:
1. Filing a civil action for damages based
on quasidelict under Art. 2180
liability of the employer is primary,
directandsolidary
504
2.
Filing a criminal case: (offender found

guilty)thecivil liabilityoftheemployer
issubsidiary.
Q: What is the defense for the persons liable

underArt.2180?
A: The persons liable shall be exempted from

liabilityiftheycanprovethattheyhaveexercised
all the diligence of a good father of a family to
preventdamage.
Q: What is the basis of quasidelicts under Art.

2180?
A: Pater Familias. The reason for the masters

liabilityisthenegligenceinthesupervisionofhis
subordinates.
Note: The master, however, in pater familias

underArt.2180willbefreedfromliabilityifhecan
prove that he had observed all the diligence of a
goodfatherofafamily.
Q: What is the nature of responsibility if the

vicariousobligor?
A: The liability of the vicarious obligor is primary

and direct and not subsidiary. He is solidarily
liablewiththetortfeasor.Hisresponsibilityisnot
conditioned upon the insolvency of or prior
recourseagainstthenegligenttortfeasor.
FAMILYCODE
Q: Who is a minor under Art 221 of the Family

Code?
A:ThetermunemancipatedminorfoundinArt
221(FC) means children below 18 years of age.
Thisisincontrastwiththeminorchildrenfound
in Art 2180(2)(NCC) which refers to children
below21years.Toavoidtheoverlappinginages,
the better option to settle the conflict is to
consider Art 221 as totally superseded by Art
236(FC)asamendedbyR.A.6809.Thus:
GR: 18 years of age parental authority

ceases(emancipation)
XPNS:21yearsofageinthefollowingcases
1. marriage
2. Art.2180(2)NCC
Note: Art 221. Family Code provides that parents

andotherpersonsexercisingparentalauthorityshall
becivillyliablefortheinjuriesanddamagescaused
by the act or omission or their unemancipated
CIVILLAWTEAM:
TORTS AND DAMAGES

children living in their company and under parental
authority subject to the appropriate defenses
providedbylaw.
Q: Distinguish between Articles 218 of the

FamilyCodeand2180oftheNewCivilCode.
A:
ARTICLE218
ARTICLE2180
School,its
Teachers,headof
administrators,
establishmentinarts
teachersengagedin
andtradesaremade
childcarearemade
expresslyliable
expresslyliable
Liabilityofschool,its
administrators,
Nosuchexpress
teachersissolidary
solidarynorsubsidiary
andparentsaremade
liabilityisstated
subsidiaryliable
Studentsinvolved
Studentsinvolvedare
mustbeaminor
notnecessarilyminors
Q: Is the application of Article 2180 limited to

schoolofartsandtrades?
A: No. It applies to all, including academic

institutions.
Q:Cantheliabilitybeimputedtotheteacherin
charge even if the student has already reached
theageofmajority?
A:Yes.UnderArticle2180,agedoesnotmatter.
Q:Isitrequiredthatthestudentbeonlywithin
the school premises in order for the liability to
ariseunderthisarticle?
A: No. Authority and responsibility shall apply to

allauthorizedactivitieswhetherinsideoroutside
thepremisesoftheschool,entityorinstitution.
Q: What is the nature of the liability of the

personsenumeratedunderArt.218?
A:Thosegivenauthorityandresponsibilityunder
theprecedingArticle(Art.218)shallbeprincipally
and solidarily liable for damages caused by the
acts or omissions of the unemancipated minor.
The parents, judicial guardians or the persons
exercising substitute parental authority over said
minorshallbesubsidiarilyliable.
The respective liabilities shall not apply if it is

proved that they exercised proper diligence
required under the particular circumstances (Art
219).
Q: A 15yearold high school student stabs his

classmate who is his rival for a girl, while they
were going out of the classroom after their last
class.Whomaybeheldliable?
A: Under Section 218 of the Family Code, the

school, its administrators and teachers, or the
individual, entity or institution engaged in child
care shall have special parental authority and
responsibility over the minor child while under
their supervision, instruction or custody.
Authority and responsibility shall apply to all
authorized activities whether inside or outside
thepremisesoftheschool,entityorinstitution.
Q:Whatdefense,ifany,isavailabletothem?
A: These persons identified by law to be liable

mayraisethedefensethattheyexercisedproper
diligencerequiredunderthecircumstances.Their
responsibility will cease when they prove that
theyobservedallthediligenceofagoodfatherof
a family to prevent damage. As regards the
employer, if he shows to the satisfaction of the
courtthatintheselectionandinthesupervision
of his employees he has exercised the care and
diligence of a good father of a family, the
presumptionisovercomeandheisrelievedfrom
liability. (Layugan v. IAC, G.R. No. L49542, Sept.
12,1980).(2005BarQuestion)
(1)ELEMENTS;DEFINITION
Q:Whataretheelementsofaquasidelict?
A:
1. Negligentorwrongfulactoromission;
2. Damageorinjurycausedtoanother;
3. Causal relation between such
negligenceorfaultanddamage;
4. Nopreexistingcontractualrelationship
between the parties (some authorities
believethiselementnotessential).(Art.
2176)
Note: Liability for tort may arise even under a

contract where tort is that which breaches the
contract. (Light Rail Transit Authority et al. v.
Navidad,etal.,GRNo.145804,Feb.6,2003)
If there is preexisting contractual relation between

the parties and the same is violated, the proper
cause of action is not anchored on quasidelict but
breachofcontractorculpacontractual.
However, there may be cases of contractual

relations where quasidelict may arise when the
contractwasgrosslyviolated.Thetortliabilityisnot
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basedonthecontractofcarriagebutonsomeother
bases like deliberate and malicious violation of the
contract(AirFrancev.Carroscoso,G.R.No.L21438,
Sept.28,1966).
Q:Whenisapersonliableforaquasidelict?
A: He is liable for such when, by his act or

omission, he causes damage to another, there
being fault or negligence, and there is no pre
existing contractual relationship between them.
(Art.2176,NCC)
NOTE:Asingleactoromissionmaygiverisetotwo
or more causes of action. Thus, an act or omission
may give rise to an action based on delict, quasi
delictorcontract.
In negligence cases, prior conduct should be

examined, that is, conduct prior to the injury that
resulted,orinpropercase,theaggravationthereof.
Q: When is Art. 2176 (on quasidelict)

inapplicable?
A:
1.
When there was a preexisting

contractual relation. Otherwise, what
resultsisabreachofcontract.
Note: However, if the act that breaches

the contract is tortuous, the preexisting
contractual relation will not bar the
recovery ofdamages (Singson v.BPI, G.R.
No.L24837,June27,1968)
2.
3.
When the fault or negligence is

punishedbylawasacrime.Art.100of
RPCshallbeapplicable
Iftheactionforquasidelictisinstituted
after four (4) years, it is deemed
prescribed.
4.
Whentheinjurysufferedbyapersonis
theresultofafortuitouseventwithout
humanintervention.
5.
Ifthereisnodamageorinjurycausedto
another.
(2)DISTINGUISHEDFROMCULPACONTRACTUALANDCULPACRIMINAL
Q:Distinguishquasidelictfromculpacontractualandculpacriminal.
A:
CULPACONTRACTUAL
CULPAAQUILIANA
CivilNegligence,QuasiDelict,
ContractualNegligence
Tort,orCulpaExtraContractual
ProofNeeded
Preponderanceofevidence
Preponderanceofevidence
CULPACRIMINAL
CriminalNegligence
Proofofguiltbeyond
reasonabledoubt
OnusProbandi
Contractingpartymustprove:
1. Theexistenceofthe
contract;
2. Thebreachthereof.
Exerciseofextraordinary
diligence(incontractsof
carriage),Forcemajeure
Victimmustprove:
1. Thedamagesuffered;
2. Thenegligenceofthedefendant;
3. Thecausalconnectionbetweenthe
damageandthenegligence.
DefenseAvailable
Exerciseofdiligenceofagoodfatherof
afamilyintheselectionand
supervisionofemployees
Prosecutionmustprovethe
guiltoftheaccusedbeyond
reasonabledoubt.
Defensesprovidedforunder
theRevisedPenalCode.
ExistenceofContractbetweentheParties
Thereispreexistingcontract
Nopreexistingcontract
Nopreexistingcontract
Note:Theresultinthecriminalcase,whetheracquittal,orconvictionisirrelevantintheindependentcivilaction
undertheCivilCode(DionisiovsAlyendia,102Phil443,57,citedinMckeevsIAC,211SCRA536)unlessacquittalis
basedonthecourtsdeclarationthatthefactfromwhichthecivilactionarosedidnotexist,hencethedismissalof
criminalactioncarrieswiththeextinctionofthecivilliability.(AndamovsIAC,191SCRA204,90J.Fernan)
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CIVILLAWTEAM:
TORTS AND DAMAGES

a.
b.
B.INDIRECTLIABILITYFORINTENTIONALACTS
SeeVicariousLiability.
C.PRESUMPTIONOFNEGLIGENCEONPERSONS
INDIRECTLYRESPONSIBLE
Q:Whatisthepresumptionofnegligenceon
personsindirectlyresponsible?
A: The presumption of law is that there was

negligenceonthepartofthemasteroremployer
eitherintheselectionoftheservantoremployee
(culpaineligiendo)orinthesupervisionoverhim
aftertheselection(culpavigilando),orboth.
Note:Thepresumptionisjuristantumandnotjuris
et de jure; subsequently, it may be rebutted.
Accordingly, if the employer shows to the
satisfaction of the court that in the selection and
supervision of his employee he has exercised the
care and diligence of a good father of a family, the
presumption is overcome and he is relieved of the
liability.
D.NATUREOFLIABILITY;JOINTORSOLIDARY
Q:Whatistheprincipleofvicariousliabilityor
lawonimputednegligence?
A:UnderArt.2180,apersonisnotonlyliablefor
tortscommittedbyhim,butalsofortorts
committedbyotherswithwhomhehasacertain
relationorforwhomheisresponsible.
Q: What is the nature of the responsibility of a

vicariousobligor?
A: His liability is primary and direct, not

subsidiary. He is solidarily liable with the
tortfeasor. His responsibility is not conditioned
upon the insolvency of or prior recourse against
thenegligenttortfeasor(DeLeonBrokeragev.CA,
G.R.15247,Feb.28,1962)
Q:Whoarethepersonsvicariouslyliable?
A:FGOEST
1. Father,orincaseofdeathorincapacity,
mother:
a. damagecausedbyminorchildren
b. livingintheircompany
2. Guardians:
a. for minors or incapacitated
persons
b. undertheirauthority
c. livingintheircompany
and
managers
of
3. Owners
establishments:
4.
5.
6.
fortheiremployees
in the service of the branches in
whichtheyareemployed,or;
c. ontheoccasionoftheirfunctions
Employers:
a. damages caused by employees
andhouseholdhelpers
b. acting within the scope of their
assignedtasks
c. even if the employer is not
engaged in any business or
industry
State acting through a special agent
and not when the damage has been
causedbytheofficialtowhomthetask
doneproperlypertains.
Teachersorheadsofestablishments:
a. ofartsandtrades
b. fordamagescausedbytheirpupils
andstudentsorapprentices
c. so long as they remain in their
custody(Art.2180,NCC)
Q:Givethedistinctionsontheemployers
liabilityunderArt2180NCCandRevisedPenal
Code.
A:
a. Under the Civil Code: the liability is
direct and primary (solidary),the
employer may be sued even without
suingtheemployee
NOTE: Diligence of a good father is a

defense.
Employer is liable even if not engaged in
business. Proof of negligence is by mere
preponderanceofevidence
b.
Under the Revised Penal Code: the

liabilityissubsidiary
NOTE: Diligence of a good father is not a

defense.
Must prove employer is engaged in
business.
Proof beyond reasonable doubt is
required.
2.INPARTICULAR
A.PARENTS
Q: What is the basis of the parents vicarious

liability?
A: This liability is made natural as logical

consequencesofthedutiesandresponsibilitiesof
parents exercising parental authority which
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includes controlling, disciplining and instructing

their children. In this jurisdiction the parents
liability is vested by law (NCC and FC) which
assumes that when a minor or unemancipated
childlivingwiththeirparent,commitsatortuous
act, the parents are presumed negligent in the
performance of their duty to supervise the
children under their custody. A presumption
which juris tantum, not juris es de jure,
rebuttableovercome by proof having exercised
andobservedallthediligenceofagoodfatherof
a family (diligentissimi patris familias). (Tamagro
vsCA,209SCRA519)
Q: In the event of death or incapacity of the

parents, who are liable for acts or omissions of
minors?
A: In default of the parents or a judicially

appointed guardian, parental authority shall be
exercised by the following persons in the order
indicated:
1. Survivinggrandparents;
2. Oldest sibling, over 21 years old unless
unfitorunqualified;
3. Childs actual custodian, over 21 years
oldunlessunfitordisqualified.
Note: Judicially adopted children are considered

legitimate children of their adopting parents. Thus,
adoptersarecivillyliablefortheirtortuous/criminal
actsifthechildrenlivewiththemandareminors.
Asforanillegitimatechild,ifheisacknowledgedby
thefatherandlivewiththelatter,thefathershallbe
responsible.However,ifheisnotrecognizedbythe
putative father but is under the custody and
supervisionofthemother,itisthelatterwhoisthe
onevicariouslyliable(Pineda,p.87,2009ed).
B.GUARDIAN
Q:Whoisaminorunderthisarticle?
A: Minors here refer to those who are below

twentyone(21)yearsandnottothosebelow18
years.Thelawreducingthemajorityagefrom21
to18yearsdidnotamendtheseparagraphs.(Art.
236 Family Code as amended by RA No. 6809)
(Pineda,pp.8182,2009ed.)
Q:AredefactoguardianscoveredbyArt.2180?
A:Yes,thelawshouldbeappliedbyanalogy.De
facto guardians are relatives and neighbors who
take upon themselves the duty to care and
support orphaned children without passing
through judicial proceedings. (Pineda, p.88, 2009
ed.)
508
C.OWNERSANDMANAGERSOF
ESTABLISHMENTSANDENTERPRISES
Q: In what sense do the terms owners and

managersused?
A:Theyareusedinthesenseofemployerand
donotincludethemanagerofacorporationwho
himselfisjustanemployee(Phil.RabbitBusLines
v. Phil. American Forwarders, Inc., G.R. No. L
25142,Mar.25,1975).
Q: What is the extent of liability for damage of

ownersandmanagersofestablishments?
A: They are liable for damage caused by their

employeesintheserviceofthebranchesinwhich
they are employed, or on the occasion of their
functions.
D.EMPLOYERS
(1)MEANINGOFEMPLOYERS
Q:Whoisanemployer?
A:Employerincludesanypersonactingdirectlyor
indirectly in the interest of an employer in
relation to an employee and shall include the
governmentandallitsbranches,subdivisionsand
instrumentalities, all governmentowned or
controlled corporations and institutions, as well
as nonprofit private institutions, or
organizations.(Art.97,P.D.442)
(2)REQUISITES
Q:Whenisanemployerliable?
A:Theemployerisliableonlyiftheemployeewas
performing his assigned task at the time the
injury was caused. This includes any act done by
theemployeeinthefurtheranceoftheinterestof
the employer at the time of the infliction of the
injuryordamage.(Aquino,T.,TortsandDamages,
2005,SecondEd.,p697)
(A)EMPLOYEECHOSENBYEMPLOYEROR
THROUGHANOTHER
Q:Whatisrequiredbeforeanemployermaybe
heldliablefortheactofitsemployees?
A:
1. The employee was chosen by the
employer personally or through
another;
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2.
3.
The service is to be rendered in

accordance with orders which the
employer has the authority to give all
times;
Thattheelicitactoftheemployeewas
on the occasion or by reason of the
functionsentrustedtohim.
Note: Before the employers subsidiary liability is

exacted,theremustbeproofthat:
1. they are indeed the employers of
theconvictedemployee
2. theformerareengagedinsomekind
ofindustry
3. the crime was committed by the
employees in the discharge of their
duties
4. that the execution against the latter
has not been satisfied due to
insolvency.
(B)SERVICESRENDEREDINACCORDANCEWITH
ORDERSWHICHEMPLOYERHASAUTHORITYTO
GIVE
Seediscussionbelow.
(C)ILLICITACTOFEMPLOYEEWASONTHE
OCCASIONORBYREASONOFTHEFUNCTIONS
ENTRUSTEDTOHIM
Q:Isitrequiredthattheemployeemustbe
performinghisassignedtaskatthetimethatthe
injuryiscaused?
A: Yes. The vicarious liability of employers

attaches only when the tortuous conduct of the
employee relates to, or is in the course of his
employment.(Valenzuelav.CA)
Itisnotnecessarythatthetaskperformedbythe
employee is his regular job or that which was
expressly given to him by the employer. It is
enough that the task is indispensable to the
business or beneficial to the employer. (Filamer
ChristianInstitutev.IAC,212SCRA637)
(D)PRESUMPTIONOFNEGLIGENCE
Q:Whatisthepresumptiononthenegligenceof
theemployer?
A:Theemployerispresumedtobenegligentand
thepresumptionflowsfromthenegligenceofthe
employee. Once the employees fault is
established, the employer can then be made
liable on the basis of the presumption that the
employer failed to exercise diligentissimi patris
families in the selection and supervision of its
employees.(LRTAv.Navidad,G.R.145804,Feb.6,
2003)
(3)EMPLOYERNEEDNOTBEENGAGEDIN
BUSINESSORINDUSTRY
Q:Isitrequiredthattheemployerisengagedin
somekindofindustryorwork?
A: No. Negligent acts of employees, whether or

not the employer is engaged in a business or
industry,arecoveredsolongastheywereacting
within the scope of their assigned task. For,
admittedly,employeesoftentimesweardifferent
hats.Theyperformfunctionsbeyondtheiroffice,
title or designation but which, nevertheless, are
still within the call of duty. ( Castilex Industrial
Corporationv.Vasquez.,etal.)
(4)DEFENSEOFDILIGENCEINSELECTIONAND
SUPERVISION
Q: What are the defenses available to an

employer?
A:
1. Exercise of due diligence in the
selection and supervision of its
employees(exceptincriminalaction);
2. The act or omission was made outside
working hours and in violation of
companysrulesandregulations.
Q:Whataretheremediesoftheinjuredpartyin
pursuingthecivilliabilityoftheemployerforthe
actsofhisemployees?
A:
1. If he chooses to file a civil action for
damages based on quasidelict under
Article 2180 and succeeds in proving
the negligence of the employee, the
liability of the employer is primary,
directandsolidary.Itisnotconditioned
on the insolvency of the employee
(Metro Manila Transit Corp. v. CA, G.R.
No.118069,Nov.16,1998).
2. If he chooses to file a criminal case

against the offender and was found
guilty beyond reasonable doubt, the
civil liability of the employer is
subsidiary.Theemployercannotuseas
a defense the exercise of the diligence
ofagoodfatherofafamily.
Once there is a conviction for a felony,

final in character, the employer under
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Article 103 of the RPC, is subsidiary

liable, if it be shown that the
commission thereof was in the
discharge of the duties of the
employee. A previous dismissal of an
action based on culpa aquiliana could
notbeabartotheenforcementofthe
subsidiary liability required by Art. 103
RPC. (Jocson, et al. v. Glorioso, G.R. L
22686, Jan. 30, 1968) (Pineda, pp. 101
102,2009ed.)
Q:WhataretheaspectsofliabilityoftheState?
A:
1. Public/GovernmentalwheretheState
isliableonlyforthetortuousactspfits
specialagents.
2. Private/Nongovernmental when the
State is engaged in private business or
enterprise, it becomes liable as an
ordinaryemployer.
Q: Would the defense of due diligence in the

selection and supervision of the employee
availabletotheemployerinbothinstances?
A: The defense of diligence in the selection and

supervisionoftheemployeeunderArticle2180of
theCivilCodeisavailableonlytothoseprimarily
liable thereunder, but not to those subsidiary
liable under Article 103 of the Revised Penal
Code.(Yumulv.Juliano,G.R.No.47690,Apr.,28,
1941)(1997BarQuestion)
(5)NATUREOFEMPLOYERSLIABILITY
Q: What is the nature of the employers

vicariousliability?
A:IfbasedonculpaaquilianaunderArt.2176and
2180 of the Civil Code, the liability is primary,
while that under Art. 103 of the Revised Penal
Codeissubsidiary.
E.STATE
Q: When is the State liable for the acts of

others?
A:TheStateisonlyliableforthenegligentactsof
itsofficers,agentsandemployeeswhentheyare
actingasspecialagents.TheStatehasvoluntarily
assumed liability for acts done through special
agents.
Note:Ifthespecialagentisnotapublicofficialand
is commissioned to perform nongovernmental
functions, then the State assumes the role of an
ordinaryemployerandwillbeheldliableassuchfor
the tortuous acts of said agent. If the State
commissioned a private individual to perform a
special governmental task, it is acting through a
specialagentwithinthemeaningoftheprovision.
NOTE: The State assumes the role of an ordinary

employer and will be held liable for the special
agentstorts(FontanillavsMalianan)
Q:Whoisaspecialagent?
A: A special agent is one who receives a definite

and fixed order or commission, foreign to the
exerciseofthedutiesofhisoffice.
An employee who on his own responsibility

performs functions inherent in his office and
naturallypertainingtheretoisnotaspecialagent
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F.TEACHERSANDHEADSOFESTABLISHMENTS
OFARTSANDTRADES
Q: What is the basis of the teachers vicarious

liability?
A: The basis of the teachers vicarious liability is,

as such, they acting in Loco Parentis (in place of
parents). However teachers are not expected to
have the same measure of responsibility as that
imposed on parent for their influence over the
childisnotequalindegree.Theparentcaninstill
more lasting discipline more lasting disciple on
thechildthantheteacherandsoshouldbeheld
to a greater accountability than the teacher or
theheadforthetortcommittedbythechild.
Q: When are teachers and heads of schools

liable?
A:
GR: The teacherincharge is liable for
theactsofhisstudents.
XPN: In the case of establishments of

arts and trades, it is the head thereof,
and only he, who shall be liable.
(AmadoravCA,160SCRA315)
Note: There is really no substantial difference

distinctionbetweentheacademicandnonacademic
schoolsinsofarastortscommittedbytheirstudents
areconcerned.Thesamevigilanceisexpectedfrom
theteacheroverthestudentundertheircontroland
supervision, whatever the nature of the school
whereheisteaching.
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Q: When is a student considered in the custody
oftheschoolauthorities?
A: The student is in the custody of the school

authoritiesaslongasheisunderthecontroland
influence of the school and within its premises,
whether the semester has not ended, or has
endedorhasnotyetbegun.Thetermcustody
signifiesthatthestudentiswithinthecontroland
influenceoftheschoolauthorities.Theteacherin
charge is the one designated by the dean,
principal, or other administrative superior to
exercisesupervisionoverthepupilsorstudentsin
the specific classes or sections to which they are
assigned. It is not necessary that at the time of
theinjury,theteacherisphysicallypresentandin
apositiontopreventit.
C.JOINTTORTFEASORS
Q:Whoarejointtortfeasors?
A: All the persons who command, instigate,

promote, encourage, advice, countenance,
cooperate in, aid, or abet the commission of a
tort,orwhoapproveitafteritisdone,ifdonefor
theirbenefit;theyareeachliableasaprincipal,to
the same extent and in same manner as if they
haveperformedthewrongfulactthemselves.
IV.ACTOROMISSIONANDITSMODALITIES
A.CONCEPTOFACT
Q:Whatisanact?
A: Any bodily movement tending to produce

some effect in the external world, it being
unnecessarythatthesamebeactuallyproduced,
as the possibility of its production is sufficient.
(Peoplev.Gonzales,183SCRA309,324)
V.PROXIMATECAUSE
A.CONCEPT
1.DEFINITION
Q:Whatisproximatecause?
A: An act from which an injury results as a

natural, direct, uninterrupted consequence and
without which the injury would not have
occurred.
2.TEST
Q: What are the tests to determine whether a

causeisproximate?
A:
1. CauseInFactTestItisnecessarythat
thereisproofthatdefendantsconduct
isafactorincausingplaintiffsdamage.
Determines whether the defendants
act or omission is a causally relevant
factor
a. ButForTest/SineQuaNonTest
b. SubstantialFactorTest
c. Necessary and Sufficient Test
(NESS) The act or omission is a
causeinfact if it is a necessary
elementofasufficientset.
2. Policy test The law limits the liability

of the defendant to certain
consequences of his action; if the
damage or injury to the plaintiff is
beyondthelimitoftheliabilityfixedby
law,thedefendantsconductcannotbe
considered the proximate cause of the
damage.
NOTE:Suchlimitofliabilityisdetermined
by applying these subtests of the policy
test:
a. ForeseeabilityTest;
b. Natural and Probable Consequence
Test;
c. Natural and Ordinary or Direct
ConsequencesTest;
d. HindsightTest;
e. OrbitofRiskTest;
f. SubstantialFactorTest.
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3.DISTINGUISHEDFROMIMMEDIATECAUSE,INTERVENINGCAUSE,REMOTEANDCONCURRENT
Q:Distinguishproximate,immediateinterveningremoteandconcurrentcauses.
A:
PROXIMATECAUSE
INTERVENINGCAUSE
Onethatdestroysthe
Itisthecausewhich,in
causalconnectionbetween
naturalandcontinuous
sequence,unbrokenby thenegligentactandinjury
andtherebynegatives
anyefficientintervening
liability.
cause,producesthe
injury,andwithoutwhich
Note:ForeseeableIntervening
theresultwouldnothave
causescannotbeconsidered
occurred.
sufficientinterveningcauses
REMOTECAUSE
CONCURRENTCAUSE
Thatcausewhichsome
independentforcemerely
tookadvantageofto
accomplishsomethingnot
thenaturaleffectthereof.
Causesbroughtaboutby
theactsandomissionsof
thirdpersonswhichmakes
thedefendantstillliable.
Here,theproximatecause
isnotnecessarilythesole
causeoftheaccident
B.CAUSEINFACT
1.BUTFOR
C.LEGALCAUSE
1.NATURALANDPROBABLECONSEQUENCES
Q:Whatisthebutfortest?
A:Itconsiderswhethertheinjurywouldnothave
occurred but for the defendant's negligent act.
Defendants conduct is the cause in fact of the
injuryifthedamagewouldnothaveresultedhad
there been no negligence on the part of the
defendant.
2.SUBSTANTIALFACTORTEST
Q:Whatisthesubstantialfactortest?
A:It makes the negligent conduct the causein

factofthedamageifitwasasubstantialfactorin
producing the injuries. It is important in cases
wherethereareconcurrentcauses
3.CONCURRENTCAUSES
Q:Whatistheprincipleofconcurrentcauses?
A: Where the concurrent or successive negligent

acts or omissions of two or more persons,
although acting independently, are in
combinationwiththedirectandproximatecause
rd
of a single injury to a 3 person, and it is
impossible to determine what proportion each
contributed to the injury, either of them is
responsibleforthewholeinjury,eventhoughhis
actalonemightnothavecausedtheentireinjury.
Q:Explainnaturalandforeseeabletest.
A: Where the defendants liability is recognized

only if the harm or injury suffered is the natural
andprobableconsequenceofhisactoromission
complainedof.(Banzonv.CA,175SCRA297)
2.FORESEEABILITY
Q:Explaintheforeseeabilitytest.
A: Where the particular harm was reasonably

foreseeable at the time of the defendants
misconduct,hisactoromissionisthelegalcause
thereof. To be negligent, the defendant must
haveactedorfailedtoactinsuchawaythatan
ordinary reasonable man would have realized
that certain interests of certain persons were
unreasonably subjected to a general but definite
class of risk which made the actors conduct
negligent,itisobviouslytheconsequenceforthe
actormustbeheldlegallyresponsible.
D.EFFICIENTINTERVENINGCAUSE
Q:Whatisanefficientinterveningcause?
A:Itisonewhichdestroysthecausalconnection
between the negligent act and the injury and
thereby negatives liability (novus actus
interviens).
Q:Whenistherenoefficientinterveningcause?
A: If the force created by the negligent act or

omissionhaveeither:
1. remainedactiveitself;
512
CIVILLAWTEAM:
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2.
3.
created another force which remained

activeuntilitdirectlycausedtheresult;
or
createdanewactiveriskofbeingacted
upon by the active force that caused
theresult
E.CAUSEVS.CONDITION
Q:Distinguishcauseandcondition.
A:Causeistheactiveforcewhileconditionisthe
passivesituation.Theformeristheactivecause
of the harm and the latter is the existing
conditionsuponwhichthecauseoperated.
Note:Ifthedefendanthascreatedonlyapassive
staticconditionwhichmadethedamagepossible,
thedefendantissaidnottobeliable.
F.LASTCLEARCHANCE
Q:Whatisthedoctrineoflastclearchance?
A: The contributory negligence of the party

injuredwillnotdefeattheclaimfordamagesifit
is shown that the defendant could, by the
exercise of reasonable care and prudence, have
avoided the consequences of the negligence of
theinjuredparty.
Q:Whataretherequisitesofthedoctrineoflast
clearchance?
A:
1. Both plaintiff and defendant were
negligent. (This is an exception to
concurrentnegligencerule);
2. Plaintiff was in a position of danger by
hisownnegligence;
3. Defendantknewofsuchpositionofthe
plaintiff;
4. Defendant had the last clear chance to
avoid the accident by exercise of
ordinarycarebutfailedtoexercisesuch
lastclearchance;
5. Accident occurred as proximate cause
ofsuchfailure.
Q:Isthedoctrineoflastclearchanceapplicable
incaseofcollision?
A: Yes. In case of collision, it applies in a suit

between the owners and drivers of colliding
vehicles and not where a passenger demands
responsibility from the carrier to enforce its
contractualobligations.
Note:Thereisadifferentruleincaseofcollisionof
vessels.
Q:Whataretheinstanceswhenthedoctrineof
lastclearchanceisinapplicable?
A:
1. The party charged is required to act
instantaneously, and the injury cannot
be avoided by the application of all
means at hand after the peril is or
should have been discovered;
(Pantranco North Expressway v. Baesa,
G.R.Nos.7905051,Nov.14,1989)
2. If the defendants negligence is a

concurrentcauseandwhichwasstillin
operationuptothetimetheinjurywas
inflicted;
3. Where the plaintiff, a passenger, filed

an action against a carrier based on
contract; (Bustamante v. CA, G.R. No.
89880,Feb.6,1991)
4. If the actor, though negligent, was not

aware of the danger or risk brought
about by the prior fraud or negligent
act;
5. In case of a collapse of a building or

structure. (De Roy v. CA, G.R. No. L
41154, Jan. 29, 1988) (Pineda, p.60,
2009ed.)
Q:Whatarethealternativeviewsregardingthe
doctrineoflastclearchance?
A:
1. Prevailing view: The law is that the
person who has the last fair chance to
avoid the impending harm and fails to
do so is chargeable with the
consequences,withoutreferencetothe
priornegligenceoftheotherparty.
2. Minority view: The last clear chance

doctrine is inapplicable in Philippine
jurisdiction in determining the
proximatecauseoftheaccident.
3. Third view: That the doctrine of

comparative negligence and the last
clear chance doctrine are not
inconsistentwitheachother.
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VI.LEGALINJURY
A.CONCEPT
Q:Whatisinjuryasdistinguishedfromdamage?
A:Injuryistheillegalinvasionofalegalright
whiledamageistheloss,hurtorharm.Injury
referstoanyindeterminaterightorproperty,but
alsotohonorandcredit.
B.ELEMENTSOFRIGHT
Q:Whatisaright?
A: It is a legally enforceable claim of one person

against another, that the other shall do a given
act,orshallnotdoagivenact(Pineda,Persons,p.
23)
Q:Whatarethekindsofrights?Distinguish.
A:
1. Natural Rights Those which grow out
ofthenatureofmananddependupon
personality.
E.g. right to life, liberty, privacy, and

goodreputation.
2. PoliticalRightsConsistinthepowerto
participate, directly or indirectly, in the
establishment or administration of
government.
E.g. right of suffrage, right to hold

publicoffice,rightofpetition.
3. Civil Rights Those that pertain to a

person by virtue of his citizenship in a
stateorcommunity.
E.g.
1. propertyrights,
2. marriage,
3. equalprotectionoflaws,
4. freedom of contract, trial by
jury.(Pineda,Persons,p.24)
5. Rights of personalty or human
rights;
6. Familyrights;and
7. Patrimonialrights:
i.Realrights
ii. Personal rights. (Rabuya
Persons,p.19)
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C.VIOLATIONOFRIGHTORLEGALINJURY
Q:Whataretheavailableremediesforaperson
whoserightshavebeenviolated?
A: Legal remedies are either preventive or

compensatory.Everyremedyinacertainsenseis
preventive because it threatens certain
undesirable consequences to those who violate
therightsofothers.
Theprimarypurposeofatortactionistoprovide
compensationtoapersonwhowasinjuredbythe
tortuous conduct of the defendant. The remedy
of the injured person is therefore primarily an
action for damages against the defendant.
(Aquino,p.20,2005ed.)
D.CLASSESOFINJURY
1.INJURYTOPERSONS
Q:Whatarethetortscommittedagainst
persons?
A:
1. assault,
2. battery,
3. falseimprisonment,
4. intentional infliction of emotional
distress,and
5. fraud
2.INJURYTOPROPERTY
Q:Whatarethetortscommittedagainst
property?
A:
1. trespasstoland,
2. trespasstochattels,and
3. conversion.
3.INJURYTORELATIONS
Q:Whatarethetortsthatcauseinjuryto
relations?
A:
1. Familyrelations
a. Alienationofaffection
b. Lossofconsortium
c. Criminalconversation(adultery)
2. Socialrelations
a. Meddlingwithordisturbingfamily
relations
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b.
3.
4.
Intriguingtocauseanothertobe
alienatedfromhisfriends
Economicrelations
a. Interferencewithcontractual
relations
b. Unfaircompetition
Politicalrelations
a. Violationofrighttosuffrage
b. Violationofotherpoliticalrights
(freedomofspeech,press,
assemblyandpetition,etc.)
VII.INTENTIONALTORTS
A.GENERAL
1.CONCEPT
Q:Whatisintentionaltort?
A:Tortorwrongperpetratedbyonewhointends
to do that which the law has declared wrong as
contrastedwithnegligenceinwhichthetorfeasor
failstoexercisethatdegreeofcareindoingwhat
is otherwise permissible (Blacks Law Dictionary,
th
6 edition,p.1489).
Note: Intentional torts are those which involve

maliceorbadfaith.
2.CLASSES
A.INTERFERENCEWITHPERSONSAND
PROPERTY
(1)PHYSICALHARMS
Q:Whatthekindsofphysicalharms?
A:
1. Violation of persons security, physical
injuries
a. battery(physicalinjury)
b. assault(gravethreat)
2. Falseimprisonment(illegaldetention)
3. Trespasstoland
4. Interferencewithpersonalproperty
a. trespasstochattels
b. conversion
(2)NONPHYSICALHARMS
Q:Whatthekindsofnonphysicalharms?
A:
1. Violationofpersonaldignity
2. Inflictionofemotionaldistress
3. Violationofprivacy
4.
5.
6.
a. Appropriation
b. Intrusion
c. publicdisclosureofprivatefacts
d. falselightinthepubliceye
Disturbanceofpeaceofmind
Maliciousprosecution
Defamation
B.INTERFERENCEWITHRELATIONS
SeeInjurytoRelations.
B.INTERFERENCEWITHRIGHTSTOPERSONS
ANDPROPERTY
1.INTENTIONALPHYSICALHARMS
A.GENERAL
(1)CONCEPT
(2)KINDS
B.VIOLATIONOFPERSONSSECURITY,PHYSICAL
INJURIES
(1)BATTERY(PHYSICALINJURY)
Q:Whatisbatteryasabasisfortortliability?
A: It is the intentional, unprivileged, and either

harmful or offensive contact with the person of
another.
NOTE: Atcommon law,batteryis thetortof

intentionally and voluntarily bringing about an
unconsented harmful or offensive contact with a
person or to something closely associated with
them.
Q: When is a person liable for tort based on

battery?
A: An actor is subject to liability to another for

batteryif:
1. heactsintendingtocauseaharmfulor
offensivecontactwiththepersonofthe
otherorathirdperson,oranimminent
apprehensionofsuchacontact,and
2. a harmful/offensive contract with the
personoftheotherdirectlyorindirectly
results
Q:Whataretheelementsofbattery?
A:
1. Intent
2. Harmfuloroffensiveconduct
3. Absenceofprivilege
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Q:Isactualcontactnecessaryinbattery?
A: No. Unlikeassault, battery involves an actual

contact. The contact can be by one person
(thetortfeasor) of another (the victim), or the
contactmaybebyanobjectbroughtaboutbythe
tortfeasor. For example, the intentional contact
byacarisabattery.
NOTE:Unlikecriminallaw,whichrecognizesdegrees
ofvariouscrimesinvolvingphysicalcontact,thereis
butasingletortofbattery.Lightlyflickingaperson's
earisbattery,asisseverelybeatingsomeonewitha
tire iron. Neither is there a separate tort for a
batteryofasexualnature.
Q: What are some rules in determining liability

fortortbasedonbattery?
A:
1. The victim of a battery need not be
awareoftheactatthetimeforthetort
tohaveoccurred.
2. Battery is a form oftrespassto the
person and as such no actual damage
(e.g. injury) needs to be proved. Only
proof of contact (with the appropriate
level of intention or negligence) needs
tobemade.
3. Ifthereisanattemptedbattery,butno
actual contact, that may constitute a
tortofassault.
4. Battery need not require bodytobody
contact. Touching an object "intimately
connected" to a person (such as an
objectheorsheisholding)canalsobe
battery.
5. Acontactmayconstituteabatteryeven
if there is a delay between the
defendant's act and the contact to the
plaintiff'sinjury.
Q: What are the defenses in trespass to the

personwhichareapplicabletobattery?
A: The standard defenses to trespass to the

personare:
1. necessity,
2. consent,
3. selfdefense,and
4. defenseofothers.
Note: Self defense as to battery can consist only of

engaginginphysicalcontactwithanotherpersonin
order toprevent theotherperson from themselves
engaginginaphysicalattack.
Privilegeisadefenseforbattery.Defendanthas
burdentoprove.
516
(2)ASSAULT(GRAVETHREAT)
Q:Whatisassaultinthecontextoftorts?
A: Itis thetortof acting intentionally and

voluntarily causing the reasonable apprehension
ofanimmediateharmfuloroffensivecontact.
Q: What are the elements of assault as a basis

fortortliability?
A:
1. An act by defendant creating a
reasonableapprehensioninplaintiff
2. of immediate harmful or offensive
contacttoplaintiff'sperson
3. Intent
4. Causation
Q: When is an actor liable for tort based on

assault?
A:Anactorisliableforassaultif:
1. Heactsintendingtocauseaharmfulor
offensivecontactwiththepersonofthe
other, or an imminent apprehension of
suchacontact,and
2. The other is thereby put in such
imminentapprehension.
Note:Assaultrequiresintent.
Actual ability to carry out the apprehended contact

isnotnecessary.
Q:Whenisanactnotconsideredanassault?
A:Anactintendedasasteptowardtheinfliction
ofafuturecontact,whichissorecognizedbythe
other, does not make the actor liable for an
assaultundertherule.
Q:Isactualcontactnecessaryinassault?
A:No.Asdistinguishedfrombattery,assaultneed
nottoinvolveactualcontactitonlyneedsintent
andtheresultingapprehension.However,assault
requires more than words alone. For example,
wielding a knife while shouting threats could be
construed as assault if an apprehension was
created.
Note: A battery can occur without a preceding

assault, such as if a person is struck in the back of
the head. Fear is not required, only anticipation of
subsequentbattery.
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Q:Wheniscontactsaidtobeharmful?
A:Whilethelawvariesbyjurisdiction,contact is
oftendefinedas"harmful"ifitobjectivelyintends
toinjure,disfigure,impair,orcausepain.
Q:Whenisanactdeemedtobeoffensive?
A: The act is deemed "offensive" if it would

offend a reasonable persons sense of personal
dignity.
Q:Inwhatcontextisimminenceunderstoodin
determiningtortliabilityforassault?
A: "Imminence" is judged objectively and varies

widelyonthefacts,itgenerallysuggeststhereis
littletonoopportunityforinterveningacts.
Q:Distinguishapprehensionfromfear.
A: The state of "apprehension" should be

differentiated from the general state offear, as
apprehension requires only that the person be
aware of the imminence of the harmful or
offensiveact.
Q:Whataresomedefensesinassault?
A: Assault can be justified in situations of self

defenseordefenseofathirdpartywheretheact
wasdeemedreasonable.Itcanalsobejustifiedin
situations where consent can often be implied
(i.e.sportscompetitions).
C.FALSEIMPRISONMENT(ILLEGALDETENTION)
Q:Whataretheelementsoffalseimprisonment
asabasisfortortliability?
A:
1. An act or omission on the part of
defendant that confines or restrains
plaintiff
2. That plaintiff is confined or restrained
toaboundedarea;
3. Intent;and
4. Causation
Q: When is an actor liable for false

imprisonment?
A: Under the law on torts, an actor is liable for

falseimprisonmentif:
1. he acts intending to confine the other
withinboundariesfixedbytheactor,
2. his act directly or indirectly results in
suchaconfinement,and
3.
the other is conscious of the

confinementorisharmedbyit.
D.TRESPASSTOLAND
(1)CONCEPT
Q:Whatistrespasstorealproperty?
A:Itisatortthatiscommittedwhenaperson
unlawfullyinvadestherealpropertyofanother.
Q:Whenmaydamagesbeawardedin
deprivationofrealproperty?
A: Damages may be awarded if the real owner

was deprived of possession of his property by a
possessor in bad faith or by a person who does
nothaveanyrightwhatsoeverovertheproperty.
Note:Damagesmaybeawardedtotherealownerif
hesufferedsuchdamagesbecausehewasdeprived
of possession of his property by a possessor in bad
faith or by a person who does not have any right
whatsoeverovertheproperty.
Anybody who builds, plants or sows on the land of

anotherknowingfullwellthatthereisadefectinhis
titleisliablefordamages.Theliabilityisinaddition
to the right of the landowner in good faith to
appropriate what was built, planted or sown or to
removethesame.
Liability for damages under the abovecited

provisionsoftheRPCandtheNCCrequiresintentor
badfaith.
(2)ELEMENTS
Q:Isintentorbadfaithnecessaryforliabilityto
attach?
A:Yes,theRevisedPenalCodeandtheNewCivil
Coderequiresintentorbadfaith.
Note: Chief Justice Concepcion observed however

thattrespassmayevenbecommittedingoodfaith.
(Republic v. de los Angeles, G.R. L26112, Oct. 4,
1971)
Q:Whatistheextentoftrespasstopersonal
property?
A:Inthefieldoftort,trespassextendstoallcases
where a person is deprived of his personal
propertyevenintheabsenceofcriminalliability.
(Aquino,T.,TortsandDamages,2005,SecondEd.
P.368)
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E.INTERFERENCEWITHPERSONALPROPERTY
(1)TRESPASSTOCHATTELS
Q:Whatistrespasstochattels?
A:Itiswhereapersontookpossessionofthe
propertyofanotherinbadfaith.
(2)CONVERSION
Q:Whataretheelementsofconversion?
A:
1. An act by defendant that interferes with
plaintiff's right of possession in a
chattel.
2. The interference is so serious that it

warrantsrequiringdefendanttopaythe
chattel'sfullvalue.
Q:Whatmaybeincludedinconversion?
A:Conversionmayinclude:
1. Cases where the defendant deprived
theplaintiffofpersonalpropertyforthe
purpose of obtaining possession of a
real property, as when a landlord
deprived his tenants of water in order
for them to vacate the lot they were
cultivating.
2. Unjustified deprivation of access to
property
such
as
unjustified
disconnectionofelectricityservice
2.INTENTIONALNONPHYSICALHARMS
A.GENERAL
(1)CONCEPT
(2)KINDS
B.VIOLATIONOFPERSONALDIGNITY
Q:Whatistherulewithregardtotherightofa
person to his dignity, personality, privacy and
peaceofmind?
A: Every person shall respect the dignity,

personality, privacy and peace of mind of his
neighbors and other persons. The following and
similar acts, though they may not constitute a
criminal offense, shall produce a cause of action
fordamages,preventionandotherrelief:
518
1.
2.
3.
4.
Prying into the privacy of another's

residence;
Meddlingwithordisturbingtheprivate
lifeorfamilyrelationsofanother;
Intriguing to cause another to be
alienatedfromhisfriends;
Vexing or humiliating another on
account of his religious beliefs, lowly
station in life, place of birth, physical
defect, or other personal condition.
(Art.26,NCC)
C.INFLICTIONOFEMOTIONALDISTRESS
Q:Whataretherequisitesforonetobeableto
recover for the intentional infliction of
emotionaldistress?
A:Theplaintiffmustshowthat:
1. The conduct of the defendant was

intentional or in reckless disregard of
theplaintiff;
2. The conduct was extreme and
outrageous;
3. There was a causal connection
betweenthedefendantsconductand
theplaintiffsmentaldistress;and
4. The plaintiffs mental distress was
extremeandsevere.
Note: Even if there was no intentional infliction of

emotionaldistressinonecase,theSCrecognizedthe
possibilitythat one maybe made liable for thetort
ofintentionalinflictionofemotionaldistress.
Q: What does extreme and outrageous

conductmean?
A:Itisconductthatissooutrageousincharacter,
and so extreme in degree, as to go beyond all
possible bounds of decency, and to be regarded
as atrocious, and utterly intolerable in civilized
society.
Q:Whatdoesemotionaldistressmean?
A:Itisanyhighlyunpleasantmentalreactionsuch
as extreme grief, shame, humiliation,
embarrassment, anger, disappointment, worry,
nausea, mental suffering and anguish, shock,
fright,horror,andchagrin.
Note: Severe emotional distress in some

jurisdictions, refer to any type of severe and
disabling emotional or mental condition which may
be generally recognized and diagnosed by
professionals trained to do so, including
CIVILLAWTEAM:
TORTS AND DAMAGES

posttraumatic stress disorder, neurosis, psychosis,
chronicdepression,orphobia.
The plaintiff is required to show, among other

things,thatheorshesufferedemotionaldistressso
severethatnoreasonablepersoncouldbeexpected
toendureit;severityofthedistressisanelementof
thecauseofaction,notsimplyamatterofdamages.
Theplaintiffcannotrecovermerelybecauseofhurt
feelings.Liabilitycannotbeextendedtoeverytrivial
indignity.Theplaintiffmustnecessarilybeexpected
andrequiredtobehardenedtoacertainamountof
rough language, and to acts that are definitely
inconsiderateandunkind.
Q: Distinguish emotional distress from

defamation.
A:Anemotionaldistresstortactionispersonalin
nature.Itisacivilactionfiledbyanindividualto
assuage the injuries to his emotional tranquility
duetopersonalattacksonhischaracter.
Emotional distress properly belongs to the

reactiveharmprinciplewhiledefamationcallsfor
theapplicationoftherelationalharmprinciple.
NOTE:Theprincipleofrelationalharmincludesharm
tosocialrelationshipsinthecommunityintheform
ofdefamationasdistinguishedfromtheprincipleof
reactive harm which includes injuries to individual
emotionaltranquility.
Q: What is the so called parasitic damage for

emotionaldistress?
A: These are damages which depend on the

existenceofanothertort.
D.VIOLATIONOFPRIVACY
Q:WhatarethezonesofprivacyundertheNCC,
RPC,RulesofCourt,andspeciallaws?
A:
1. That every person shall respect the
dignity,personality,privacyandpeace
of mind of his neighbors and other
persons and any act of a person of
meddling and prying into the privacy
of another is punishable as an
actionablewrong;
2. That a public officer or employee or

anyprivateindividualshallbeliablefor
damagesforanyviolationoftherights
and liberties of another person, and
recognizes the privacy of letters and
otherprivatecommunications;
3.
TheRPCmakesacrimethe:
i. violation of secrets by an
officer,
ii. revelation of trade and
industrialsecrets,and
iii. trespasstodwelling.
4. Invasion of privacy is likewise an

offenseinspeciallawssuchasthe:
i.
antiwiretappinglaw;and
ii.
secrecy of bank deposits
act;and
5. The Rules of Court provisions on

privilegedcommunication.
Q: What is the standard to be applied in

determining the existence of a violation of the
righttoprivacy?
A: The right to privacy is not a guaranty to

hermitic seclusion. The standard to be applied is
that of a person of ordinary sensibilities. It is
relativetothecustomsofthetimeandplace,and
isdeterminedbythenormofanordinaryperson.
NOTE: The essence of privacy is the right to be let

alone.
Q: What is thetwopart test in determining the

reasonableness of a persons expectation of
privacy?
A:
1. Whether by his conduct, the individual
hasexhibitedanexpectationofprivacy;
and
2. Whether this expectation is one that
societyrecognizesasreasonable.
Q: What are the four general classes of tort

actionsforinvasionofprivacy?
A:
1. appropriation;
2. intrusion;
3. publicdisclosureofprivatefacts;and
4. falselightinthepubliceye
(1)APPROPRIATION
Q:Whatisappropriation?
A:Itconsistsofappropriation,forthedefendants
benefit or advantage, of the plaintiffs name or
likeness.
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Q:Whatdoesthistortprotect?
A: The tort of commercial appropriation of

likenesshasbeenheldtoprotectvariousaspects
of an individuals identity from commercial
exploitation:
1. name
2. likeness
3. achievements
4. identifyingcharacteristics
5. actualperformances
6. fictitious characters created by a
performer
7. phrases and other things associated
withanindividual.
(2)INTRUSION
Q:Whatisintrusion?
A: Consists in the intrusion upon the plaintiffs

solitudeorseclusion.
Itincludes:
1. pryingintotheprivacyofoneshome;
2. invadinghishome;
3. invading ones privacy by looking from
outside;
4. eavesdropping;or
5. persistent and unwanted telephone
calls.
NOTE:Thetortofintrusionuponapersonssolitude
protects a persons sense of locational and
psychologicalprivacy.
Intrusioninpublicplaces:
Generally, there is no invasion of the right to

privacy when a journalist records, photographs,
or writes about something that occurs in public
places.
However, while merely watching a person in

public places is not a violation, one does not
automatically make public everything that he
does in public. It should not be tantamount to
harassmentoroverzealousshadowing.
This protection is not limited to public figures.

Everyoneisprotected.
Intrusionandadministrativeinvestigation:
There is no intrusion when an employer

investigates its employee or when a school
investigates its student. In the latter case, the
investigation may cover an alleged offense
committedoutsidetheschoolpremises.
520
Intrusionandpublicrecords:
Generally , there is no intrusion into the right of

privacy of another if the information sought are
mattersofpublicrecord.Thisisespeciallytruein
case the persons who are invoking the right to
privacy are public officers and the matter
involvedisofpublicconcern.
However, if the matter sought to be revealed

doesnotinvolveanythingofpublicconcern,there
canbeaviolationortherighttoprivacy.
(3)PUBLICDISCLOSUREOFPRIVATEFACTS
Q:Whatispublicdisclosureofprivatefacts?
A: Consists of a cause of action in publicity, of a

highly objectionable kind, given to private
information about the plaintiff, even though it is
trueandnoactionwouldliefordefamation.
Q:Whatisviolatedinpublicdisclosureofprivate
facts?
A:Theinterestsoughttobeprotectedistheright
to be free from unwarranted publicity, from the
wrongful publicizing of the private affairs and
activities of an individual which are outside the
realmoflegitimateconcern.
Q:Whataretheelementsofpublicdisclosureof
privatefacts?
A:
1. theremustbeapublicdisclosure;
2. the facts disclosed must be a private
fact;
3. the matter be one which would be
offensive and objectionable to a
reasonable person of ordinary
sensibilities.
Q:Whoisapublicfigure?
A: a person who, by his accomplishments, fame

ormodeofliving,orbyadoptingaprofessionor
callingwhichgivesthepublicalegitimateinterest
in his doings, his affairs, and his character, has
becomeapublicpersonage
Q: Is it a tortuous conduct for one to publish

factsderivedfromofficialproceedings?
A: If the facts published are not declared by law

tobeconfidential,itisnottortuous.
CIVILLAWTEAM:
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Q: Is a governmental agency or officer tasked
with,andactingin,thedischargeofpublicduties
vestedwitharighttoprivacy?
A:No,saidrightbelongsonlytoindividualsacting
inaprivatecapacity.
(4)FALSELIGHTINTHEPUBLICEYE
Q:Whatisfalselightinthepubliceye?
A:Itisatortcommittedbyputtingapersonina
false light before the public. It is a non
defamatoryfalsehoodinthatafalseimpressionis
conveyed.
Q: What is the interest to be protected in this

tort?
A:Theinteresttobeprotectedinthistortisthe
interest of the individual in not being made to
appearbeforethepublicinanobjectionablefalse
lightorfalseposition.
Q: How is false light in the public eye different

fromdefamation?
A:Infalselight,thegravamenoftheclaimisnot
reputationalharmbutrathertheembarrassment
of a person in being made into something he is
not.
Publicationindefamationissatisfiedifaletteris
sent to a third person; while in false light cases,
thestatementshouldbeactuallymadepublic.
In defamation, what is published lowers the

esteeminwhichtheplaintiffisheld.Infalselight
cases,thedefendantmaystillbeheldliableeven
if the statements tell something good about the
plaintiff.
E.DISTURBANCEOFPEACEOFMIND
SeeEmotionalDistress.
F.MALICIOUSPROSECUTION
Q: What is a tort action for malicious

prosecution?
A: It is an action for damages brought by one

against another whom a a criminal prosecution,
civil suit, or other legal proceedings has been
instituted maliciously and without probable
cause,aftertheterminationofsuchprosecution,
suitorproceedinginfavorofdefendanttherein.
RE:Malice:Thepresenceofprobablecausesignifies,
as a legal consequence, the absence of malice.The
absenceofmalice,therefore,involvesgoodfaithon
thepartofthedefendant.Thisgoodfaithmayeven
bebasedonmistakeoflaw.
Re: Acquittal: Acquittal presupposes that a criminal

information is filed on court and final judgment is
rendereddismissingthecaseagainsttheaccused.It
is not enough that the plaintiff is discharged on a
writ of habeas corpus and granted bail. Such
discharge is not considered the termination of the
action contemplated to warrant the institution of a
maliciousprosecutionsuitagainstthoseresponsible
forthefilingoftheinformationagainsthim.
Nevertheless,itisbelievedthatprioracquittalmay
includedismissalbytheprosecutorafterpreliminary
investigation.
Q: What are the elements of malicious

prosecution?
A:Incriminalcases:
1. the fact of the prosecution and the

further fact that the defendant was
himself the prosecutor, and that the
action was terminated with an
acquittal;
2. that in bringing the action, the
prosecutor acted without probable
cause;
3. the prosecutor was actuated or
impelled by legal malice. (Yasona v.
Ramos,G.R.156339,Oct.6,2004)
Note: the term prosecutor includes the

complainant who initiated the case; the prosecutor
himself; any other public officer authorized to file
andprosecutethecriminalcase.
Mere witnesses are not included, but are liable for

falsetestimonyorperjuryfortheirfalsehoods.
Incivilcases:
1. the defendant filed a civil action against
theplaintiffpreviously;
2. the actionwas dismissed for clear lack of
merit or for being baseless, unfounded,
andmalicious;
3. the defendant who filed the previous
complaintasplaintiffwasmotivatedbyill
willorsinisterdesign;
4. the present plaintiff suffered injury or
damage by reason of the previous
complaintfiledagainsthim.
Note:Maliceandprobablecausemustconcur.
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Q: When is an action for malicious prosecution

premature?
A:Iftheactionfiledbyapartyisstillpendingtrial,
thefilingbythedefendantofanactionbasedon
malicious prosecution anchored on the first case
is premature. Its dismissal is in order. (Pineda,
2004citingCabacunganv.Corrales,95PHIL919)
Q: Is there liability for malicious prosecution in

caseasuitisunsuccessful?
A:None.Themerefilingofasuitdoesnotrender
theplaintiffliableformaliciousprosectionshould
he be unsuccessful. Persons should have free
resort to the courts. The law does not impose a
penaltyontherighttolitigate.(Pineda,2004)
Note:However,therepeatedfilingofacomplaintall
of which were dismissed, shows malicious
prosecution entitling the injured party to an award
of moral damages. (Pineda, 2004 citing Hawpia v.
CA,20SCRA536)
G.DEFAMATION
Q:Whatisdefamationandwhatdoesitcover?
A: Defamation is tarnishing the reputation of

someone;Itisapublicandmaliciousimputation
of a crime, or of a vice or defect, real or
imaginary,oranyact,omission,condition,status,
or circumstance tending to cause the dishonor,
discredit, or contempt of a natural or juridical
person,ortoblackenthememoryofonewho is
dead. (Art. 353, RPC). It has two
varieties,slanderandlibel.
Note: Actual damages need not be proved, at least

wherethepublicationislibelousperse,orwherethe
amountofdamagesismoreorlessnominal.
Q: What are the elements of defamation as a

basisfortortliability?
A:
1. Defamatorylanguage;
2. oforconcerningtheplaintiff;
3. Publication thereof by defendant to a
thirdperson;and
4. Damagetoplaintiff'sreputation.
Note: Publication is the communication of the

defamatorymattertosomethirdpersonorpersons.
Q:Whatislibel?
A: it is a defamation committed by means of

writing, printing, lithography, engraving, radio,
522
phonograph, painting or theatrical or

cinematographicexhibition,oranysimilarmeans.
Q:Whatisslander?
A:Anoraldefamation.
Q:Whatisslanderbydeed?
A: It is a crime committed by any person who

performs an act that costs dishonor, discredit or
contempt upon the offended party in the
presenceofotherpersonorpersons.
Q: Is the imputation of criminal intention

libelous?
A:No,becauseintenttocommitacrimeisnota
violationoflaw.
(1)DEFENSES
(A)ABSENCEOFELEMENTS
Q: Is the allegation that the offender merely

expresses his opinion or belief a defense in
defamationcases?
Inordertoescapecriminalresponsibility,itisnot
enoughfortheoffendertosaythatheexpresses
therein no more than his opinion or belief. The
communication must be made in the
performanceofalegal,moral,orsocialduty.
Q: What is retraction and what is its effect as

regardsliabilityfordefamation?
A: When a periodical gives currency, whether

innocently or otherwise, to a false and
defamatory statement concerning any person, it
isunderbothalegalandmoraldutytocheckthe
propagation of such statement as soon as
practicablebypublishingaretraction.
Retraction may mitigate the damages provided

thatitcontainsanadmissionofthefalsityofthe
libelous publication and evincea desire to repair
thewrongoccasionedthereby.
Q: What is the effect if the publication was by

reasonofanhonestmistake?
A: It only serves to mitigate liability where the

articleislibelousperse.
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(B)PRIVILEGE
Q:Ifthedefamatoryimputationsweremadeina
privileged communication, is there liability
therefor?
A:None.Anabsolutelyprivilegedcommunication
is one for which, by reason of the occasion on
which it is made, no remedy is provided for the
damagesinacivilactionforslanderorlibel.
H.FRAUDORMISREPRESENTATION(FORMERLY
DECEIT)
Q:Whataretheelementsofmisrepresentation
intortscases?
A:
1. Affirmative misrepresentation of a
materialfact;
2. Defendant knew that statement being
madewasfalse;
3. Intent;
4. Causation;
5. Justifiablereliance;and
6. Damages
I.SEDUCTION
Q: When is a defendant liable for damages in

caseofseduction?
A:Seduction,byitself,isanactwhichiscontrary
to morals, good customs and public policy. The
defendant is liable if he employed deceit,
enticement, superior power or abuse of
confidence in successfully having sexual
intercoursewithanother.
Note: There is liability even if there isno breachof

promisetomarry.
Q:Whatisincludedinsexualassault?
A:Thedefendantwouldbeliableforallformsof
sexual assault. These include rape, acts of
lasciviousnessandseduction.
NOTE: Gender is immaterial in seduction and

sexualassault.
J.UNJUSTDISMISSAL
Q:Whatistheruleondismissalofemployees?
A:Itisabasicrulethatanemployerhasarightto
dismiss an employee in the manner and on the
grounds provided for under the NCC. If the
dismissal is for a valid cause, his dismissal is
consistentwiththeemployersrighttoprotecthis
interest in seeing to it that his employees are
performing their jobs with honesty, integrity and
goodfaith.
However, such exercise of the right to terminate

must be consistent with the general principles
provided for under articles 19 and 21, NCC. If
thereisnoncompliancewithsaidprovisions,the
employer may be held liable for damages. The
right to dismiss an employee should not be
confused with the manner in which the right is
exercised and the effects flowing therefrom. If
thedismissalisdoneantisociallyoroppressively
then the employer should be deemed to have
violatedarticle1701,NCC(whichprohibitsactsof
oppression by either capital or labor against the
other)andarticle21.
An employer may be held liable for damages if

the manner of dismissing the employee is
contrary to morals, good customs and public
policy. This may be done by false imputation of
misdeedtojustifydismissaloranysimilarmanner
ofdismissalwhichisdoneabusively.
C.INTERFERENCEWITHRELATIONS
1.GENERAL
A.CONCEPT
B.KINDS
Q:Whatarethefourkindsofinterference?
A:Interferencewith:
1. Familyrelations;
2. Socialrelations;
3. Economicrelations;and
4. Politicalrelations.
2.FAMILYRELATIONS
A.ALIENATIONOFAFFECTION
Q:Whatisalienationofaffection?
A: This consists of depriving one spouse of the

affection,society,companionshipandcomfortof
theother.(Aquino,T.,TortsandDamages,2005,
SecondEd.,p.480)
Note: The Family Code imposes on the spouses

the obligation to live together, observe mutual
love,respectandfidelity,andrendermutualhelp
and support. (Article 68) Interference with such
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may result in the tort liability of alienation of

affection.
The gist of the tort is an interference with one

spouses mental attitude toward the other and
the conjugal kindness of marital relations
resultinginsomeactualconductwhichmaterially
affectsit.
Q: In general, what is the scope of the tort

alienationofaffections?
A:Itextendstoallcasesofwrongfulinterference
inthefamilyaffairsofotherswherebyonespouse
isinducedtoleavetheotherspouseortoconduct
himselforherselfinamannerthatthecomfortof
marriedlifeisdestroyed.
Q: Who may be liable for alienation of

affections?
A: The defendant who purposely entices the

spouse of another, to alienate his or her
affectionswithhisorherspouse,evenifthereare
no sexual intimacies is liable for damages under
thisarticle.Likewise,apersonwhopreventedthe
reconciliationofspousesaftertheirseparationis
liableforalienationofaffections.
Note:Itisnotnecessarythatthereisadulteryorthe
spouseisdeprivedofhouseholdservices.
Q: What are some cases where there is no tort

liabilityforalienationofaffections?
A:
1. A woman cannot be made liable for
alienation of the affections of the
husband (of another woman) for being
merely the object of the affections of
said husband. To be liable, she must
have done some active acts calculated
to alienate the affections of the
husband. She must, in a sense, be the
pursuer,notmerelythepursued;
2. A prostitute is not liable for alienation
of affections of the husband for having
sexual intimacies with him ona chance
occasion.
3. When there is no more affection to
alienate.
Q: May parents be liable for alienation of

affections?
A:Yes.However,parentsarepresumedtoactfor
thebestinterestoftheirchild.Thelawrecognizes
the right of a parent to advise his/her child and
when such advise is given in good faith, the act,
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even if it results in separation, does not give the

injuredpartyarightofaction.
In such case, malice must be established and it

must appear that the defendants acts were the
controllingcauseofthelossofaffection.
B.LOSSOFCONSORTIUM
Q:Whatislossofconsortium?
A:Aspousehasalegalobligationtolivewithhis
orherspouse.Ifaspousedoesnotperformhisor
her duty to the other, he may be held liable for
damages for such omission because the same is
contrarytolaw,moralsandgoodcustoms.
Moral damages were awarded because of the

wifes refusal to perform her wifely duties, her
denial of consortium and desertion of her
husband.Heractsconstituteawillfulinflictionof
injury upon her husbands feelings in a manner
contrarytomorals,goodcustomsorpublicpolicy.
(Tenchaves v. Escao, G.R. No. L19671, July 26,
1966)
C.CRIMINALCONVERSATION(ADULTERY)
Q:Whenisadulterycommitted?
A:Adulteryiscommittedbyanymarriedwoman
whoshallhavesexualintercoursewithamannot
her husband and by the man who has carnal
knowledge of her knowing her to be married,
even if the marriage was subsequently declared
void.(Art.333,RPC)
Note:Concubinageiscommittedbyahusbandwho
shall:
1. keepamistressintheconjugaldwelling;
2. have sexual intercourse with her, under
scandalous circumstances, with a woman
nothiswife;or
3. cohabit with her in any other place. (Art.
334,RPC)
Liability for adultery or concubinage based on the

law on torts: not only moral damages but also for
otherappropriatedamages.
Nomoraldamagesisdueincaseofbigamy.
CIVILLAWTEAM:
TORTS AND DAMAGES

3.SOCIALRELATIONS
A.MEDDLINGWITHORDISTURBINGFAMILY
RELATIONS
SeeInterferencewithfamilyrelations.
B.INTRIGUINGTOCAUSEANOTHERTOBE
ALIENATEDFROMHISFRIENDS
Q:Whomaybeheldliableforthetortintriguing
to cause another to be alienated from his
friends?
A: A person who committed affirmative acts

intendedtoalienatetheexistingfriendshipofone
with his friends is liable for damages. (Pineda,
2004)
4.ECONOMICRELATIONS
A.INTERFERENCEWITHCONTRACTUAL
RELATIONS
Q:Whatisinterferencewithcontract?
A: Any third person who induces another to

violatehiscontractshallbeliablefordamagesto
theothercontractingparties.(Art.1314,NCC)
Q:Whyisinterferencewithcontracttortuous?
A:Suchinterferenceistortiousbecauseitviolates
the right of the contracting parties to fulfill the
contractandtohaveitfulfilled,toreaptheprofits
resulting therefrom, and to compel the
performancebytheotherparty.
Q: What are the elements of interference to

contractualrealation?
A:
1. existenceofavalidcontract;
2. knowledge on the part of the third
personoftheexistenceofthecontract;
3. interferenceofthethirdpersonwithout
legaljustificationorexcuse.
Q: What is interference with prospective

advantage?
A:Ifthereisnocontractyetandthedefendantis
onlybeingsuedforinducinganothernottoenter
into a contract with the plaintiff, the tort
committed is appropriately called interference
withprospectiveadvantage.
Q:Whatistheextentandnatureoftheliability
oftheintermeddler?
A:Hisliabilityissolidaryandcannotbemorethan
the liability that will be incurred by the party in
whose behalf he intermeddled. Otherwise, that
willresultininjusticeandunfairness.
Q: Is malice essential to make the intermeddler

liable?
A:
GR:Yes.
XPN: If the intention of the intermeddler is
honest and laudable such as when the
interference is intended to protect the
contracting party he is intermeddling for,
fromdangertohislifeorproperty,heshould
not be made liable for damages for the
breachofthecontract.
B.UNFAIRCOMPETITION
Q:Whatisincludedinunfaircompetition?
A: Art. 28, NCC provides for unfair competition

whichincludes:
1. Passing off or disparagement of
products
2. Interferencewithcontractualrelations
3. Interference
with
prospective
advantage
4. Fraudulent misappropriation against a
competition
5. Monopoliesandpredatorypricing
Q:Whatispredatorypricing?
A: It is a practice of selling below costs in the

short run in the hope of obtaining monopoly
gainslater,afterdrivingthecompetitionfromthe
market.
5.POLITICALRELATIONS
A.VIOLATIONOFRIGHTTOSUFFRAGE(NCC,
ART.32)
Q: What is the rule in case of violation of the

righttosuffrage?
A: Under Article 32 NCC, any public officer or

employee,oranyprivateindividual,whodirectly
orindirectlyobstructs,defeats,violatesorinany
manner impedes or impairs any of the following
rights and liberties of another person shall be
liabletothelatterfordamages:
xxx(5)Freedomofsuffrage;(Art.32,NCC)
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B.VIOLATIONOFOTHERPOLITICALRIGHTS
(FREEDOMOFSPEECH,PRESS,ASSEMBLYAND
PETITION,ETC.)
SeeViolationofConstitutionalRights
6.DEFENSES
A.ABSENCEOFELEMENT
Q:Whatisthedefenseoninterference?
A: The defendants are free from liability if they

canprovethatatthetimeofthecommission,the
plaintiff knew of the act of interference or
omission.
B.PRIVILEGE
Q: What is the defense of privilege in torts

cases?
A:Tosaythatanactisprivilegedconnotesthat
theactorowesnolegaldutytorefrainfromsuch
contact.
Q: Distinguish consensual and nonconsensual

privilege.
A: Consensual privileges depend on the plaintiff

agreeing to the defendants otherwise tortious
act.Ontheotherhand,nonconsensualprivileges
shield the defendant from liability for otherwise
tortious conduct even if the plaintiff objects to
thedefendantsconduct.
1.CONSENT
Q:Whenisconsentadefenseintortscasesand
whatisitsbasis?
A:Typically,onecannotholdanotherliableintort
for actions to which one has consented. This is
frequentlysummarizedbythephrase"volentinon
fitinjuria"(Latin:"toawillingperson,noinjuryis
done" or "no injury is done to a person who
consents"). It operates when the claimant either
expresslyorimplicitlyconsentstotheriskofloss
ordamage.
Note: Consent is willingness in fact for the conduct

tooccur.
Q:Whataresomerulesindeterminingwhether
consentispresentasadefense?
A:
1. It need not be communicated to the
defendant.
526
2.
In determining whether plaintiff

consented, defendant must reasonably
interpret her overt act and
manifestationsofherfeelings.
Note: The defendants subjective state is

basedontheplaintiffsobjectiveactions.
3.
Plaintiff has burden of proof to show

intent to commit the act, lack of
consent,andharm.
Q: Is consent a defense if the plaintiff or

offendedpartyisaminor?
A: No. For one to surrender the right to be free

fromintentionalinterferencebyothers,onemust
have the mental capacity to consent. Defendant
canbeliabledespitethefactthattheplaintiffwas
subjectively willing and communicated that
willingnesstothedefendant.
NOTE: In common law countries, most courts have

applied statutory rape statutes in civil cases
regardless of proof that the plaintiff was able to
understand the consequences of her act and
consent.
Q: When is consent not necessary in order to

absolve one from the injuries he caused to
another?
A: Conduct that injures another does not make

the actor liable to the other, even though the
otherhasnotconsentedtoitif:
1. an emergency makes it necessary or
apparently necessary to act before
there is opportunity to obtain consent
or one empowered to consent for him,
and
2. theactorhasnoreasontobelievethat
theotherwoulddecline.
Q: What is the rule if consent is procured by

fraudorduress?
A: Consent will not shield the defendant from

liability if it is procured by means of fraud or
duress.
Note: Courts invalidate consent procured by duress

when defendants threatentheplaintiff or plaintiffs
lovedoneswithphysicalharm.
CIVILLAWTEAM:
TORTS AND DAMAGES

2.SELFDEFENSEANDDEFENSEOFOTHERS
Note: A party claiming selfdefense must prove not

only that he acted honestly in using force, but that
his fears were reasonable under the circumstances,
andthemeansofselfdefensewerereasonable.
SELFDEFENSE
Q:Whyisselfdefenseadefenseintortcases?
A:Anactorisprivilegedtousereasonableforce,
not intended or likely to cause death or serious
bodily harm, to defend himself against
unprivileged harmful contract which he
reasonably believes that another is about to
inflict.
Q: When is an actor privileged to defend

himself?
A:Anactorisprivilegedtodefendhimselfagainst
another by force likely to cause death or serious
bodilyharmwhenhereasonablybelievesthat:
1. theotherisabouttoinflictuponhiman
intentionalcontactand
2. he is thereby put in peril of death or
seriousbodilyharmwhichcansafelybe
prevented only by immediate use of
suchforce.
Q:Isapersonprotectingatotalstrangerliable?
A: The selfdefense privilege extends to

protectingtotalstrangersaswell.
Q:Maytheinterveneruseanymeansoramount
offorceindefendingtheother?
A: No. The force that may be used by an

intervener to repel an attack on another is
measured by the force that the other could
lawfullyuse.
Q:Whatistheconsequenceofamistakeonthe
partoftheintervener?
A: If the intervener is mistaken, even reasonably

mistaken, the privilege is unavailable if it would
notbeavailabletothepersontobeprotected.
NOTE:Courtrequiresobjectiveandsubjectivebelief
(reasonablepersoncouldhaveseenthesituationas
dangerous and subject believed that he was in
danger).
NOTE: The interveners mistake need only be

reasonable;thereisnoneedtoshowthatthevictim
alsohadtheprivilegetodefendhimself.
Q:Whendoestheprivilegeofselfdefenseexist
andwhendoesitnotexist?
A: The privilege exists even if the actor believes

hecanavoiddefendinghimselfby:
1. retreatingwithinhisdwellingplace,or
2. permittingtheothertointrudeuponhis
dwellingplace,or
3. abandoning an attempt to effect a
lawfularrest.
The privilege does not exist if the actor believes

thathecanavoiddefendinghimselfby:
1. retreating in any place other than his
dwellingplaceor
2. relinquishing the exercise of any right
other than his privilege to prevent
intrusionontohisdwellingplace.
Q: May the actor use any means in order to

defendhimself?
A:Theactorisnotprivilegedtouseanymeansof
selfdefensewhichisintendedorlikelytocausea
bodily harm in excess of that which the actor
correctly or reasonably believes to be necessary
forhisprotection.
3.DEFENSEOFPROPERTY
Q: Up to what extent is an actor privileged to

defendhispropertyfromintrusions?
A:Anactorisprivilegedtousereasonableforce,
not intended or likely to cause death or serious
bodily harm, to prevent or terminate anothers
intrusionupontheactorslandif:
1. theintrusionisnotprivileged;
2. the actor reasonably believes that the
intrusion can be prevented only by the
forceused;and
3. the actor has first requested the other
to desist or the actor believes such
request will be useless or substantial
harm will be done before it can be
made.
DEFENSEOFOTHERS
Note:Theintentionalinflictionwhichisintendedor
likelytocausedeathorseriousbodilyharm,forthe
purpose of preventing or terminating the others
intrusion upon the actors possession of land, is
privileged only if the actor reasonably believes that
theintruderislikelytocausedeathorseriousbodily
harm.
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4.NECESSITY
Theownerorlawfulpossessorofathinghasthe
righttoexcludeanypersonfromtheenjoyment
and disposal thereof. For this purpose, he may
use such force as may be reasonably necessary
to repel or prevent an actual or threatened
unlawful physical invasion or usurpation of his
property.(Art.429,NCC)
Q: Is the owners right provided for in the said

articleanabsoluteright?
A: No. In the following instances, this right may

notbeinvokedbytheowner:
1. Onemaysacrificethepersonalproperty
ofanothertosavehislifeorthelivesof
hisfellows;
2. One is privileged by necessity to
trespass when there is a serious threat
to life and no other lifesaving option is
available;and
3. The owner of property may not eject a
trespasser if the trespasser requires
entry to protest himself and his
propertyfromharm.
Note: In these instances, intrusion is said to be

privileged.
Thenecessityprivilegetoenterthelandofanother
in order to avoid serious harm is coupled with an
obligation on the part of the entrant to pay for
whateverharmhecaused.
MISCELLANEOUSPRIVILEGES
Q: What are the miscellaneous or other

privileges in connection with necessity as a
defense?
A:
1. To at least some extent, teachers and
parentsareexemptfrombatteryclaims
broughtonbehalfofchildrentheyhave
physicallydisciplined;
2. Other privileges include those relating
to the arrest of lawbreakers and the
prevention of crime, the enforcement
ofmilitaryorders,andtherecaptureof
landandpossessions.
Note: The reasonableness of the actors perception

of the need to use force, as well as the
reasonableness of the harm actually inflicted, are
typicallythetouchstonesuponwhichtheavailability
oftheprivilegeturns.
528
5.AUTHORITYOFLAW
C.PRESCRIPTION
SeeDefenses;Prescription
D.WAIVER
SeePersons:WaiverofRights
E.FORCEMAJEURE
Q:Whatarethetwogeneralcausesoffortuitous
events?
A:
1. Bynature,suchasearthquakes,storms,
floods,epidemics,fires,etc.;and
2. By the act of man, such as an armed
invasion,
attack
by
bandits,
governmental prohibitions, robbery,
etc.
Q: What are the essential characteristics of

fortuitousevent?
A:
1. The cause of the unforeseen and
unexpectedoccurrence,orofthefailure
of the debtor to comply with his
obligation,mustbeindependentofthe
humanwill;
2. It must be impossible to foresee the
event which constitutes the caso
fortuito,orifitcanbeforeseen,itmust
beimpossibletoavoid;
3. The occurrence must be such as to
render it impossible for the debtor to
fulfillhisobligationinanormalmanner;
and
4. The obligor must be free from any
participation in the aggravation of the
injuryresultingtothecreditor.
Q:Whenisthereliabilityfordamagescausedby
fortuitousevents?
A: As an exception to the general rule that a

person is not liable if the cause of the damage
was an event which could not be foreseen or
which though foreseen was inevitable
(fortuitous), if the negligence of the defendant
concurredwiththefortuitouseventorresultedin
the aggravation of the injury to the plaintiff, he
willbeliableeveniftherewasafortuitousevent.
Ifuponthehappeningofafortuitouseventofan
actofGod,thereconcursacorrespondingfraud,
CIVILLAWTEAM:
TORTS AND DAMAGES

negligence,delayorviolationorcontraventionof
the tenor of the obligation as provided for in
Article 1170, NCC, which results in loss or
damage,theobligorcannotescapeliability.
VIII.NEGLIGENCE
A.CONCEPT
Q:Whatisnegligence?
A:Theomissionofthatdegreeofdiligencewhich
is required by the nature of the obligation and
corresponding to the circumstances of the
persons,ofthetimeandplace.(Art.1173,NCC)
Q:Whatisthetestofnegligence?
A: The test is: Would a prudent man, in the

position of the tortfeasor, foresee harm to the
person injured as a reasonable consequence of
the course about to be pursued? If so, the law
imposes a duty on the actor to take precaution
against its mischievous results, and failure to do
so constitutes negligence. (Picart v. Smith, G.R.
No.L12219,Mar.15,1918.)
Q: What are the degrees of negligence?

Distinguish.
A:
1. Simple negligence want of slight care
anddiligenceonly
2. Gross negligence there is a glaringly

obvious want of diligence and implies
conscious
indifference
to
consequences; pursuing a course of
conduct which would probably and
naturallyresulttoinjury;utterdisregard
oftheconsequences
Q:Whatarethecircumstancestobeconsidered
indeterminingwhetheranactisnegligent?
A:
1. Person Exposed to the Risk A higher
degree of diligence is required if the
personinvolvedisachild.
2. EmergencyTheactorconfrontedwith
an emergency is not to be held up to
the standard of conduct normally
applied to an individual who is in no
suchsituation.
3.
4.
5.
6.
7.
8.
9.
Social Value or Utility of Action Any

act subjecting an innocent person to
unnecessaryriskisanegligentactifthe
risk outweighs the advantage accruing
to the actor and even to the innocent
personhimself.
Time of the day May affect the

diligence required of the actor (Art.
1173); e.g. a driver is required to
exercisemoreprudencewhendrivingat
night
Gravity of the Harm to be Avoided

Eveniftheoddsthataninjurywillresult
are not high, harm may still be
considered foreseeable if the gravity of
harmtobeavoidedisgreat.
Alternative Cause of Action If the
alternativepresentedtotheactoristoo
costly, the harm that may result may
still be considered unforeseeable to a
reasonable man. More so if there is no
alternativethereto.
Place A man who should occasion to

discharge a gun on an open and
extensivemarsh,orinaforestwouldbe
requiredtouselesscircumspectionand
care, then if he were to do the same
thing in an inhabited town, village or
city.
ViolationofRulesandStatutes
a. Statutes
b. AdministrativeRules
c. PrivateRulesofConduct
PracticeandCustomApracticewhich
isdangeroustohumanlifecannotripen
intoacustomwhichwillprotectanyone
who follows it (Yamada v. Manila
Railroad,G.R.No.10073,Dec.24,1915).
Q:Willintoxicationsignifynegligence?
A:
GR:Mereintoxicationisnotnegligenceperse
nor establishes want of ordinary care. But it
may be one of the circumstances to be
considered to prove negligence. (Wright v.
ManilaElectricRailroad&LightCo.,GRNo.L
7760,Oct.1,1914)
XPN: It is presumed that a person driving a

motorvehicleisnegligentifatthetimeofthe
mishap, he was violating traffic regulations.
(Art.2185)
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Q:Whatiscontributorynegligence?
A: It is conduct on the part of the injured party,

contributing as a legal cause to the harm he has
suffered,whichfallsbelowthestandardtowhich
heisrequiredtoconformforhisownprotection
(Valenzuelav.CA,G.R.No.115024,Feb.7,1996).
Q: What is the doctrine of comparative

negligence?
A: The negligence of both the plaintiff and the

defendant are compared for the purpose of
reaching an equitable apportionment of their
respective liabilities for the damages caused and
sufferedbytheplaintiff.(Pineda,p.50,2009ed.)
Note: The relative degree of negligence of the
partiesisconsideredindeterminingwhether,and
to what degree, either should be responsible for
hisnegligence(apportionmentofdamages).
B.GOODFATHEROFAFAMILYORREASONABLY
PRUDENTMAN
Q: What is the concept of a good father of the

family(paterfamilias)?
A:TheSupremeCourtdescribedagoodfatherof
afamilybyfirststatingwhoisnot.Heisnotandis
not supposed to be omniscient of the future;
rather, he is one who takes precautions against
anyharmwhenthereissomethingbeforehimto
suggestorwarnhimofthedangerortoforeseeit
(Picartv.Smith,G.R.No.L12406,Mar.15,1918).
Note: A good father of a family is likewise referred

to as the reasonable man, man of ordinary
intelligence and prudence, or ordinary reasonable
prudent man. In English law, he is sometimes
referred to as the man on top of a Clapham
omnibus.(Aquino,2005)
Q:Whatisthetestofnegligence?
A: The test is: Would a prudent man, in the

position of the tortfeasor, foresee harm to the
person injured as a reasonable consequence of
the course about to be pursued? If so, the law
imposes a duty on the actor to take precaution
against its mischievous results, and failure to do
so constitutes negligence. (Picart v. Smith, G.R.
No.L12219,Mar.15,1918.)
530
Q. Does the standard of conduct applied to

adultsapplyequallytochildren?
A.
GR: The action of a child will not necessarily
be judged according to the standard of an
adult.
XPN: If the minor is mature enough to
understand and appreciate the nature and
consequencesofhisactions.Insuchacase,he
shallbeconsideredtohavebeennegligent.
Note:R.A.9344(JuvenileJusticeandWelfareActof
2006):15yearsofageoryoungerageofabsolute
irresponsibility.
Nevertheless, absence of negligence does not

absolutely excuse the child from liability, as his
properties,ifany,canbeheldsubsidiarilyliable.Nor
will such absence of negligence excuse the childs
parentsvicariousliability.
Q:Whatisdiligencebeforethefact?
A: The conduct that should be examined in

negligencecasesispriorconductorconductprior
totheinjurythatresultedor,inpropercases,the
aggravationthereof.
CIVILLAWTEAM:
TORTS AND DAMAGES

C.STANDARDOFCARE
STANDARDOFCONDUCTorDEGREEOFCAREREQUIRED
InGeneral
If the law or contract does not state the diligence which is to be observed in the performance, that which is
expectedofagoodfatherofafamilyshallberequired(Article1173,2ndparagraph,NCC).
Note:DiligenceofagoodfatherofafamilybonospaterfamiliasAreasonablemanisdeemedtohaveknowledgeofthefactsthat
amanshouldbeexpectedtoknowbasedonordinaryhumanexperience.(PNRv.IAC,GRNo.7054,Jan.22,1993)
PersonswhohavePhysicalDisability
GR:Aweakoraccidentpronepersonmustcomeuptothestandardofareasonableman,otherwise,hewillbe
consideredasnegligent.
XPN:Ifthedefectamountstoarealdisability,thestandardofconductisthatofareasonablepersonunderlike
disability.
ExpertsandProfessionals
GR:Theyshouldexhibitthecaseandskillofonewhoisordinarilyskilledintheparticularfieldthatheisin.
Note:Thisruledoesnotapplysolelyorexclusivelytoprofessionalswhohaveundergoneformaleducation.
XPN:Whentheactivity,byitsverynature,requirestheexerciseofahigherdegreeofdiligence
e.g.Banks;Commoncarriers
InsanePersons
ThesameruleappliesundertheNewCivilCode.Theinsanityofapersondoesnotexcusehimorhisguardianform
liability based on quasidelict. (Arts. 2180 and 2182, NCC). This means that the act or omission of the person
sufferingfrommentaldefectwillbejudgedusingthestandardtestofareasonableman.
Thebasesforholdingapermanentlyinsanepersonliableforhistortsareasfollows:
Whereoneoftwoinnocentpersonmustsufferalossitshouldbebornebytheonewhooccasionedit;
Toinducethoseinterestedintheestateoftheinsaneperson(ifhehasone)torestrainandcontrolhim;and
Thefearthataninsanitydefensewouldleadtofalseclaimsofinsanitytoavoidliability.(Bruenigv.American
FamilyInsuranceCo.,173N.W.2d619[1970]).
Note:UndertheRPC,aninsanepersonisexemptfromcriminalliability.However,byexpressprovisionoflaw,theremaybecivil
liabilityevenwhentheactorisexemptfromcriminalliability.Aninsanepersonisstillliablewithhispropertyfortheconsequences
ofhisacts,thoughtheyperformedunwittingly.(USv.Baggay,Jr.G.R.No.6706,Sept.1,1911)
Employers
ThatdegreeofcareasmandatedbytheLaborCodeorothermandatoryprovisionsforpropermaintenanceofthe
workplaceoradequatefacilitiestoensurethesafetyoftheemployees.
Note:Failureoftheemployertocomplywithmandatoryprovisionsmaybeconsiderednegligenceperse.
Employees
Employeesareboundtoexerciseduecareintheperformanceoftheirfunctionsfortheemployers.Liabilitymaybe
basedonnegligencecommittedwhileintheperformanceofthedutiesoftheemployee(Aranetav.DeJoya,G.R.
No.83491,Aug.27,1990)
Owners,ProprietorsandPossessorsofProperty
GR:Theownerhasnodutytotakereasonablecaretowardsatrespasserforhisprotectionoreventoprotecthim
fromconcealeddanger.
XPN:
1. Visitors
2. ToleratedPossession
3. DoctrineofAttractiveNuisance
4. StateofNecessity
Doctors
IfaGeneralPractitionerOrdinarycareanddiligenceintheapplicationofhisknowledgeandskillinthepracticeof
hisprofession
IfaSpecialistThelegaldutytothepatientisgenerallyconsideredtobethatofanaveragephysician.
Lawyers
An attorney is bound to exercise only a reasonable degree of care and skill, having reference to the business he
undertakestodo(Adarnev.Aldaba,Adm.CaseNo.80,June27,1978).
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1.NCC,ART.1173
Q: What is the general standard of diligence

providedforundertheNCC?
A:BonusPaterFamiliasorthatofagoodfatherof
afamily.
Note: If the law or contract does not state the

diligence which is to be observed in the
performance, that which is expected of a good
fatherofafamilyshallberequired.(Art.1173(2))
Q:Whatistheruleincaseoffaultornegligence
ofanobligor?
A:Art.1173.Thefaultornegligenceoftheobligor
consistsintheomissionofthatdiligencewhichis
required by the nature of the obligation and
corresponds with the circumstances of the
persons, of the time and of the place. When
negligence shows bad faith, the provisions of
Articles1171and2201,paragraph2,shallapply.
NOTE:Art.1171.Responsibilityarisingfromfraudis
demandable in all obligations. Any waiver of an
actionforfuturefraudisvoid.
Art. 2201. In contracts and quasicontracts, the

damages for which the obligor who acted in good
faithisliableshallbethosethatarethenaturaland
probable consequences of the breach of the
obligation, and which the parties have foreseen or
could have reasonably foreseen at the time the
obligationwasconstituted.
In case of fraud, bad faith, malice or wanton

attitude, the obligor shall be responsible for all
damageswhichmaybereasonablyattributedtothe
nonperformanceoftheobligation.
2.EMERGENCYRULE
Q:Whatistheemergencyrule?
A: One who suddenly finds himself in a place of

danger, and is required to act without time to
considerthebestmeansthatmaybeadoptedto
avoid the impending danger, is not guilty of
negligence,ifhefailstoadoptwhatsubsequently
and upon reflection may have been a better
method, unless the emergency in which he finds
himselfisbroughtaboutbyhisownnegligence.
Note:Emergencyruleexemptscommoncarriers.
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D.UNREASONABLERISKOFHARM
Q:Indeterminingwhetherapersonhasexposed
himselftoanunreasonablegreatrisk,whatmust
bepresent?
A:Reasonableness,theelementsofwhichareas
follows:
3. Magnitudeoftherisk
4. Principalobject
5. Collateralobject
6. Utilityoftherisk
7. Necessityoftherisk
Ifthemagnitudeoftheriskisverygreatandthe
principal object, very valuable, yet the value of
the collateral object and the great utility and
necessity of the risk counterbalanced those
considerations,theriskismadereasonable.
Note: In the Philippines, the courts do not use any

formulaindeterminingifthedefendantcommitteda
negligent act or omission. What appears to be the
normistogivenegligenceacommonsense,intuitive
interpretation.
In the field of negligence, interests are to be

balancedonlyinthesensethatthepurposesofthe
actor, the nature of his act and the harm that may
result from action or inaction are elements to be
considered.Somemaynotbeconsidereddepending
onthecircumstances.
Thefollowingarecircumstancestobeconsidered:
1. Time
2. Place
3. Emergency
4. Gravityofharmtobeavoided
5. Alternativecourseofaction
6. Socialvalueorutilityofactivity
7. Personexposedtotherisk
E.EVIDENCE
F.PRESUMPTIONOFNEGLIGENCE
1.LEGALPROVISIONS
Q: Discuss the provisions relative to

presumptionofnegligence.
A:Personsaregenerallypresumedtohavetaken
ordinary care of his concerns.There are however
exceptionswhennegligenceispresumed.
1. Article 2184. xxx. It is disputably

presumedthatadriverwasnegligent,if
he had been found guilty of reckless
driving or violating traffick regulations
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atleasttwicewithinthenextpreceding
twomonths.Xxx
2.
Article 2185. Unless there is proof to

the contrary, it is presumed that a
persondrivingamotorvehiclehasbeen
negligent if at the time of the mishap,
hewasviolatinganytrafficregulation.
Note:Proofoftrafficviolationrequired.
3.
Article 2188. There is prima facie

presumption of negligence on the part
of the defendant if the death or injury
results from his possession of
dangerousweaponsorsubstances,such
as firearms and poison, except when
possession or use thereof is
indispensable in his occupation or
business.
Note: Proof of possession of dangerous

weaponsorsubstancesrequired.
2.RESIPSALOQUITUR
Q:Whatdoesresipsaloquiturmean?
A: The thing speaks for itself. The fact of the

occurrence of an injury, taken with surrounding
circumstances,maypermitaninferenceorraisea
presumption of negligence, or make out a
plaintiffs prima facie case, and present a
question of fact for defendant to meet with an
explanation.
Note: However, res ipsa loquitur is not a rule of

substantivelawand,assuch,doesnotcreatenor
constituteanindependentorseparategroundof
liability. Instead, it is considered as merely
evidentiaryorinthenatureofaproceduralrule.
Q:Whataretherequisitesfortheapplicationof
thedoctrineofresipsaloquitur?
A:
1. That the accident is of a kind which
ordinarilydoesnotoccurintheabsence
ofsomeonesnegligence;
2. Itiscausedbyaninstrumentalitywithin
the exclusive control of the
defendant/s;and
3. The possibility of contributing conduct
which would make plaintiff responsible
iseliminated.
Q:Whataresomecaseswherethedoctrinewas
heldtobeinapplicable?
A:
1. Where there is direct proof of absence
orpresenceofnegligence;
2. Where other causes, including the
conduct of the plaintiff and third
persons, are not sufficiently eliminated
bytheevidence;
3. Whenoneormorerequisiteisabsent.
G.DEFENSES
1.COMPLETE
Q:Whyaretheycalledcompletedefenses?
A: They are called complete defenses because

they completely bar recovery as opposed to
partial defenses which only serve to mitigate
liability.
a.ABSENCEOFELEMENT
(1)DUEDILIGENCE
SeeRulesonDegreeorStandardofCare
(2)ACTSOFPUBLICOFFICERS
b.ACCIDENTORFORTUITOUSEVENT
SeeForceMajeureorFortuitousEvent
c.DAMNUMABSQUEINJURIA
Q:Whatismeantbydamnumabsqueinjuria?
A: There is no liability even if there is damage

becausetherewasnoinjury.
Note: There canbe damagewithoutinjury in those

instances in which the loss or harm was not the
resultofaviolationofalegalduty.Insuchcases,the
consequences mustbebornebythe injured person
alone.
Q:Whatisinjury?
A:itisthelegalinvasionofalegalright.
Q:Whatisdamage?
A: it is the loss, hurt or harm which results from

the injury. They are the recompense or
compensationawardedforthedamagesuffered.
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Q: What is meant by the maxim qui jure suo

utiturnullumdamnumfacit?
A:Onewhoexercisesarightdoesnoinjury.
d.AUTHORITYOFLAW
e.ASSUMPTIONOFRISK
Q:Whatismeantbyvolentinonfitinjuria?
A:Toawillingperson,noinjuryisdone.
Q: What are the elements of the doctrine of

assumptionofrisk?
A:
1. The plaintiff must know that the risk is
present;
2. He must further understand its nature;
and
3. His choice to incur it is free and
voluntary.
Q:Whatarethetwokindsofassumptionofrisk?
A:
1. Expresswaiveroftherighttorecover;
2. Impliedassumption
a. DangerousConditions
b. ContractualRelations
c. DangerousActivities
d. Defendantsnegligence
Q:Whatismeantby:
1. Dangerousconditions?
A: A person who, knowing that he is
exposed to a dangerous condition,
voluntarily assumes the risk of such
dangerous condition may not recover
from the defendant who maintained
suchdangerouscondition.
2. Contractualrelations?
A:Theremaybeanimpliedassumption
of risk if the plaintiff entered into
contractual relations with the
defendant. By entering into a
relationship freely and voluntarily
where the negligence of the defendant
isobvious,theplaintiffmaybefoundto
accept and consent to it, and to
undertaketolookoutforhimselfandto
relievethedefendantoftheduty.
3. Dangerousactivities?
A:Apersonwhovoluntarilyparticipates
in dangerous activities assumes the
534
4.
risks which are usually present in such

activities.
Defendantsnegligence?
A: When the plaintiff is aware of the
risk created by the defendants
negligence, yet he voluntarily proceed
to encounter it, there is implied
assumption of risk on the part of the
plaintiff.
f.LASTCLEARCHANCE
SeeLastClearChance
g.PRESCRIPTION
Q:Whatistheprescriptiveperiodforquasi
delict?
A:Four(4)yearsreckonedfromthedateofthe
accident.
h.WAIVER
SeePersons:WaiverofRights.
i.DOUBLERECOVERY
Q:Whatistheruleagainstdoublerecovery?
A:Theplaintiffcannotrecoverdamagestwicefor
the same act or omission of the defendant. (Art.
2177,NCC)
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IX.SPECIALLIABILITYINPARTICULARACTIVITIES
A.GENERAL
1.CONCEPT
B.PRODUCTSLIABILITY
Q:Whatisproductandserviceliability?
A: Product Liability is the law which governs the

liabilityofmanufacturersandsellersfordamages
resulting from defective products. It is meant to
protect the consumers by providing safeguards
when they purchase or use consumer products.
(Aquino,T.,TortsandDamages,2005,SecondEd.)
1.MANUFACTURERSORPROCESSORS
a.ELEMENTS
b.CONSUMERACT
Q:Whatistheconsumeract(RA7394)?
A:ConsumerActprohibitsfraudulentsalesactsor
practices. Chapter I of Title III expressly provides
for protection against defective, unfair and
unconscionable sales acts and practices. The Act
likewise contains provisions imposing warranty
obligationsonthemanufacturersandsellers.This
Act also imposes liability for defective service
independentlyoffault.
Q: Who are the persons made liable under the

consumeract?
A:ThestrictliabilityundertheActisimposedon
themanufacturer.
2.
3.
4.
Design defect defects resulting from

designandformulas.
Presentation defect defects resulting
fromhandling,makingup,presentation
orpackingoftheproducts.
Absence of Appropriate Warning
defectresultingfromtheinsufficientor
inadequateinformationontheuseand
hazardsoftheproducts.
Q:Whatarethedefensesofamanufacturerand
supplier?
A:
The manufacturer shall not be liable when it
evidences:
1. thatitdidnotplacetheproductonthe
market;
2. that although it did place the product
on the market such product has no
defect;
3. that the consumer or the third party is
solelyatfault.
Thesuppliershallnotbeliablewhenitisproven:
1. that there is no defect in the service
rendered;
2. that the consumer or the third party is
solelyatfault.
Q: What are the remedies of a consumer in the

consumeract?
A: Section 60 of the law expressly provides that

the court may grant injunction restraining the
conduct constituting the contravention of illegal
sales act and practices and/or actual damages
and such other orders as it thinks fit to redress
injurytothepersonaffectedbysuchconduct.
NOTE: A manufacturer is any person who

manufactures, assembles or processes consumer
products,exceptthatifthegoodsaremanufactured,
assembled or processed for another person who
attaches his own brand name to the consumer
products, the latter shall be deemed the
manufacturer. In case of imported products, the
manufacturers representatives or, in his absence,
the importer, shall be deemed the manufacturer.
(Art.4,RA7394)
Q:Whatarethekindsofdefectsinproducts?
A:
1. Manufacturing defect defects
resulting
from
manufacture,
construction,assemblyanderection.
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C.NUISANCE
1.NUISANCEPERSEANDNUISANCEPER
ACCIDENCE
Q:Whatarethekindsofnuisance?
A:
1. Astothenumberofpersonsaffected:
a. Public(orcommon)isonewhich
affects
a
community
ir
neighborhood or considerable
numberofpersons.
b. Private is one which affects an
individualorfewpersonsonly.
2. Otherclassification:
a. NuisancePerSethatkindof
nuisance which is always a
nuisance. By its nature, it is
alwaysanuisanceallthetime
under any circumstances
regardless of location or
surroundings.
b. Nuisance Per Accidens that
kind of nuisance by reason of
location, surrounding or in a
manner it is conducted or
managed.
c. Temporary that kind which
if properly attended does not
constituteanuisance.
d. Permanent that kind which
bynatureofstructurecreates
apermanentinconvenience.
e. Continuing that kind which
by its nature will continue to
exist indefinitely unless
abated
f. Intermittentthatkindwhich
recurs off and on may be
discontinuedanytime.
g. Attractive Nuisance one
who maintains on his
premises
dangerous
instrumentalities
or
appliances of a character
likely to attract children in
play,andwhofailstoexercise
ordinary care to prevent
children
from
playing
therewith
or
resorting
thereto, is liable to a child of
tender years who is injured
thereby, even if the child is
technicallyatrespasserinthe
premises.
536
2.PUBLICNUISANCEANDPRIVATENUISANCE
Q:Whataretheremediesagainstpublic
nuisances?
A:
1. ProsecutionundertheRPCoranylocal
ordinance
2. Civilaction
3. Abatement,withoutjudicialproceeding
Q:Whomayavailofremedies?
A:
1. Publicofficers
2. Privatepersonsifnuisanceisspecially
injurioustohimself;theff.steps
mustbemade:
i.
demandbefirstmadeuponowner
or possessor of the property to
abatethenuisance
ii.
that such demand has been
rejected
iii.
that the abatement be approved
by the district health officer and
executed with the assistance of
localpolice
iv.
that the value of destruction does
notexceedP3,000
Q:Whatisaprivatenuisance?
A: one that affects an individualor a limited

numberofindividualsonly
Q: What are the remedies against private

nuisances?
A:
1. Civilaction
2. Abatement,
without
judicial
proceedings
Q:Whomayavailofremedies?
A:
1. Publicofficers
2. Privatepersonsifnuisanceisspecially
injurious to himself; the ff.
stepsmustbemade:
i.
demandbefirstmadeuponowner
or possessor of the property
toabatethenuisance
ii.
that such demand has been
rejected
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iii.
iv.
that the abatement be approved

by the district health officer and
executed with the assistance of
localpolice
thatthevalueofdestructiondoes
notexceedP3,000
3.ATTRACTIVENUISANCE
Q:Whatisanattractivenuisance?
A: A dangerous instrumentality or appliance

maintained in ones premises which is likely to
attractchildrenatplay.
Onewhomaintainsanattractivenuisanceonhis
estate without exercising due care is liable to a
childoftenderyearsevenifatrespasser.
Note: the attractiveness of the premises or of the

dangerous instrumentality to children of tender
years is to be considered as an implied invitation,
whichtakesthechildrenwhoaccepteditoutofthe
category of a trespasser and puts them in the
category of invitees, towards whom the owner of
the premises or instrumentality owes the duty of
ordinarycare
D.VIOLATIONOFCONSTITUTIONALRIGHTS
Any public officer or employee, or any private

individual, who directly or indirectly obstructs,
defeats, violates or in any manner impedes or
impairsanyofthefollowingrightsandlibertiesof
another person shall be liable to the latter for
damages:
1. Freedomofreligion;
2. Freedomofspeech;
3. Freedom to write for the press or to
maintainaperiodicalpublication;
4. Freedom from arbitrary or illegal
detention;
5. Freedomofsuffrage;
6. The right against deprivation of
propertywithoutdueprocessoflaw;
7. The right to a just compensation when
privatepropertyistakenforpublicuse;
8. Therighttotheequalprotectionofthe
laws;
9. The right to be secure in one's person,
house, papers, and effects against
unreasonablesearchesandseizures;
10. The liberty of abode and of changing
thesame;
11. The privacy of communication and
correspondence;
12. The right to become a member of
associations or societies for purposes
notcontrarytolaw;
13. The right to take part in a peaceable

assembly to petition the government
forredressofgrievances;
14. The right to be free from involuntary
servitudeinanyform;
15. The right of the accused against
excessivebail;
16. Therightoftheaccusedtobeheardby
himself and counsel, to be informed of
the nature andcause of the accusation
against him, to have a speedy and
public trial, to meet the witnesses face
toface,andtohavecompulsoryprocess
to secure the attendance of witness in
hisbehalf;
17. Freedomfrombeingcompelledtobea
witnessagainstone'sself,orfrombeing
forced to confess guilt, or from being
induced by a promise of immunity or
rewardtomakesuchconfession,except
whenthepersonconfessingbecomesa
Statewitness;
18. Freedom from excessive fines, or cruel
and unusual punishment, unless the
same is imposed or inflicted in
accordancewithastatutewhichhasnot
been
judicially
declared
unconstitutional;and
19. Freedom of access to the courts. (Art.
32,NCC)
1.VIOLATIONOFCIVILLIBERTIES
Q:WhatistherationalefortheinclusionofArt.
32intheNewCivilCode?
A: The creation of an absolutely separate and

independent civil action for the violation of civil
libertiesisessentialtotheeffectivemaintenance
ofdemocracy.
E.VIOLATIONOFRIGHTSCOMMITTEDBYPUBLIC
OFFICERS
Q:Inwhatinstancescanapublicofficerbeliable
fordamages?
A: When a member of a city or municipal police

force refuses or fails to render aid or protection
to any person in case of danger to life or
property, such peace officer shall be primarily
liablefordamages.(Art.34,NCC)
Anactionmaybebroughtbyanypersonsuffering
frommaterialormorallossbecauseapublic
servantrefusesorneglects,withoutjustcauseto
performhisofficialduty(ART,27NCC).
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Requisites:
i.
defendant is a public officer charged
withtheperformanceofadutyinfavor
oftheplaintiff
ii.
he refused or neglected without just
causetoperformsuchduty(ministerial)
iii.
plaintiffsustainedmaterialormoralloss
as consequence of such non
performance
iv.
the amount of such damages, if
material
Q: What is the intention of making public

officersliableunderArt34,NCC?
A:Art.34isintendedtoaffordaremedyagainst
police officers who connive with bad elements,
areafraidofthemorsimplyindifferenttoduty.
F.PROVINCES,CITIESANDMUNICIPALITIES
Q: What instance would make cities and

municipalitiesliablefordamages?
A: Cities and municipalities shall be subsidiarily

liablefortheneglectofdutyofamemberofacity
ormunicipalpoliceforce.(Art.34,NCC)
G.OWNEROFMOTORVEHICLE
Q:Whatistheliabilityoftheownerofavehicle
incaseofanaccident?
A:Inmotorvehiclemishaps,theowneris
solidarilyliablewithhisdriver,iftheformer,who
wasinthevehicle,couldhave,bytheuseofthe
duediligence,preventedthemisfortune.Itis
disputablypresumedthatadriverwasnegligent,
ifhehadbeenfoundguiltyorrecklessdrivingor
violatingtrafficregulationsatleasttwicewithin
thenextprecedingtwomonths.(Art.2184,NCC)
H.PROPRIETOROF
BUILDINGORSTRUCTUREORTHING
Q: What is the rule regarding the liability of

proprietorsofbuildings:
A:
a. Theproprietorofabuildingorstructure
isresponsibleforthedamagesresulting
from its total or partial collapse, if it
should be due to the lack of necessary
repairs.(Art.2190,NCC)
538
b.
Proprietorsshallalsoberesponsiblefor
damagescaused:
1) By the explosion of machinery

which has not been taken care of
with due diligence, and the
inflammation
of
explosive
substances which have not been
keptinasafeandadequateplace;
2) Byexcessivesmoke,whichmaybe
harmfultopersonsorproperty;
3) Bythefallingoftreessituatedator
near highways or lanes, if not
causedbyforcemajeure;
4) By emanations from tubes, canals,
sewers or deposits of infectious
matter, constructed without
precautions suitable to the place.
(Art.2191,NCC)
I.HEADOFFAMILY
SeePersonsMadeResponsibleForOthers;
Parents
X.STRICTLIABILITY
Q:Whenistherestrictliability?
A: There is strict liability if one is made

independent of fault, negligence or intent after
establishing certain facts specified by law. It
includes liability for conversion and for injuries
caused by animals, ultrahazardous activities and
nuisance.
A.ANIMALS
1.POSSESSORANDUSEROFANANIMAL
Q:Whoisliablefordamagescausedbyanimals?
A: The possessor or whoever makes use of the

animalisliableindependentoffault.
Note: The only exception is when the damage is

caused by force majeure or by the person who
sufferedthedamage.
Q: What are the rules on liability of owners for

damagecausedbyhisanimals?
A:
1. Anownerisstrictlyliableforreasonably
foreseeabledamagedonebyatrespass
ofhisanimals.
2. An owner is strictly liable to licensees
and invitees for injuries caused by wild
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3.
4.
animals as long as the injured person

didnothingtobringabouttheinjury.
An owner is not strictly liable for
injuries caused by domestic animals
unless he has knowledge of that
particular
animal's
dangerous
propensities that are not common to
thespecies.
Strict liability will generally not be
imposed in favor of trespassers in the
absenceoftheowner'snegligence.An
exception is recognized for injuries
inflictedbyviciouswatchdogs.
B.NUISANCE
SeeNuisance.
1.CLASSES
SeeNuisance.
2.EASEMENTAGAINSTNUISANCE
Q:Whatiseasementagainstnuisance?
A: Easement against nuisance is established by

Art. 682 683. It is intended to prohibit the
proprietororpossessorofabuildingorlandfrom
committing nuisance therein through noise,
jarring, offensive odor, smoke,heat, dust, water,
glare,andothercauses.(GonzalezDecano,Notes
on Torts & Damages Under the Civil Code of the
Philippines,2010,p166)
C.PRODUCTSLIABILITY
1.CONSUMERACT
SeeManufacturersorProcessors;ConsumerAct.
BOOKIIDAMAGES
I.GENERALCONSIDERATIONS
A.CLASSIFICATION
Q:Whataredamages?
A: The pecuniary compensation, recompense or

satisfaction for an injury sustained or as
otherwiseexpressedthepecuniaryconsequences
which the law imposes for the breach of some
dutyorviolationofsomerights.
Note: A complaint for damages is personal in

nature(personalaction)
Q:Whatarethekindsofdamages?
A:MENTAL
1. Moral
2. Exemplary
3. Nominal
4. Temperate
5. Actual
6. Liquidated
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ACTUAL/
COMPENSATORY
MORAL
NOMINAL
Accordingtopurpose
Actual or compensatory damages Awarded only to enable the
simply make good or replace the injured party to obtain means,
losscausedbythewrong.
diversion or amusement that will
alleviate the moral suffering he
has undergone, by reason of
defendants
culpable
action.
(Roblezav.CA,174SCRA354)
Vindicating or recognizing the

injured partys right to a property
thathasbeenviolatedorinvaded.
(Tanv.Bantegui,473SCRA663)
Accordingtomannerofdetermination
Claimantmustproducecompetent
proof or the best evidence
obtainable such as receipts to
justify an award therefore. Actual
or compensatory damages cannot
be presumed but must be proved
with reasonable certainty. (People
v.Ereno,Feb.22,2000)
No proof of pecuniary loss is

necessary. The assessment is left
to the discretion of the court
according to the circumstances of
each case. However, there must
be proof that the defendant
caused physical suffering etc.
(Compania Maritima v. Allied Free
Workers Union, G.R. No. L31379,
Aug.29,1988).
GR: Factual basis mustbe alleged.

Aside from the need for the
claimanttosatisfactorilyprovethe
existence of the factual basis of
thedamages,itisalsonecessaryto
prove its causal relation to the
defendants act (Raagas v. Trava,
G.R. No. L20081, Feb. 27,1968;
People v. Manero, G.R. Nos.
8688385,Jan.29,1993).
XPN: Criminal cases. Moral

damages may be awarded to the
victim in criminal proceedings in
such amount as the court deems
just without need for pleading or
proof of the basis thereof (People
v.Paredes,July30,1998).

necessary.Proofthatalegalright
has been violated is what is only
required. Usually awarded in the
absence of proof of actual
damages.
Special/Ordinary
Ordinary
Special
Note: Ordinary Damages are those

generally inherent in a breach of a
typicalcontract
Special
Note: Special Damages are those

which exist because of special
circumstances and for which a
debtor in good faith can be held
liable if he had been previously
informedofsuch.circumstances.
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TEMPERATE
EXEMPLARY/
CORRECTIVE
LIQUIDATED
Accordingtopurpose
When the court is convinced that
there has been such a loss, the
judge is empowered to calculate
moderatedamagesratherthanlet
the complainant suffer without
redress. (GSIS v. LabungDeang,
365SCRA341)
Liquidateddamagesarefrequently
agreeduponbytheparties,either
by way of penalty or in order to
avoid controversy on the amount
ofdamages.
Exemplary or corrective damages

are intended to serve as a
deterrenttoseriouswrongdoings.
(Peoplev.Orilla,422SCRA620)
Accordingtomannerofdetermination
Mayberecoveredwhenthecourt
findsthatsomepecuniarylosshas
been suffered but its amount
cannot, from the nature of the
case,beprovedwithcertainty.No
proof of pecuniary loss is
necessary.
If intended as a penalty in
obligations with a penal cause,
proof of actual damages suffered
by the creditor is not necessary in
order that the penalty may be
demanded(Art.1228,NCC).
necessary.
1.Thattheclaimantisentitledto
moral,
temperate
or
compensatorydamages;and
2. That the crime was committed

with 1 or more aggravating
circumstances, or the quasidelict
was committed with gross
negligence, or in contracts and
quasicontracts the act must be
accompaniedbybadfaithordone
in wanton, fraudulent, oppressive
ormalevolentmanner.

necessary.
Special/Ordinary
Special
Special
Special
II.ACTUALANDCOMPENSATORYDAMAGES
A.CONCEPT
Q:Whatareactualorcompensatorydamages?
A: It comprehends not only the value of the loss

suffered but also that of the profits which the
obligee failed to obtain. The amount should be
that which would put the plaintiff in the same
position as he would have been if he had not
sustained the wrong for which he is now getting
compensationorreparation.Torecoverdamages,
the amount of loss must not only be capable of
proofbutmustactuallybeproven.
Q:Whatarethekindsofactualorcompensatory
damages?
A:
1. General damages natural, necessary
andlogicalconsequencesofaparticular
2.
wrongfulactwhichresultininjury;need
notbespecificallypleadedbecausethe
lawitselfimpliesorpresumesthatthey
resultedfromthewrongfulact.
Special damages damages which are

the natural, but not the necessary and
inevitableresultofthewrongfulact;an
examplewouldbeattorneysfees.
B.REQUISITES
1.ALLEGEDANDPROVEDWITHCERTAINTY
Q:Isitnecessarythatlossbeproved?
A:
GR: Loss must be proved before one can be
entitledtodamages.
XPN:Lossneednotbeprovedinthefollowing
cases:
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1.
2.
3.
4.
Liquidated damages previously agreed

upon;
Note: Liquidated damages take the
place of actual damages except when
additionaldamagesareincurred.
If damages other than actual are
sought;
Forfeiture of bonds in favor of the
government for the purpose of
promotingpublicinterestorpolicy;
Lossispresumed.
2.NOTSPECULATIVE
Q: What is the required proof for actual

damages?
A: It is necessary that the claimant produces

competentprooforthebestevidenceobtainable
such as receipts to justify an award therefore.
Actual or compensatory damages cannot be
presumed but must be proved with reasonable
certainty(Peoplev.Ereno,Feb.22,2000)
Any person who seeks to be awarded actual or

compensatory damages due to acts of another
hastheburdenofprovingsaiddamagesaswellas
the amount thereof. Actual damages cannot be
allowed unless supported by evidence on the
record. The court cannot rely on speculations,
conjectures or guesswork as to the fact and
amount of damages (Banas, Jr. v. CA, Feb. 10,
2000)
C.COMPONENTELEMENTS
1.VALUEOFLOSS;UNREALIZEDPROFIT
Q:Whatdoesactualdamagescover?
A: It comprehends not only the value of the loss

suffered but also that of the profits which the
obligeefailedtoobtain.
1. Danoemergentelossofwhataperson
alreadypossesses
2. Lucro cessante failure to receive as a

benefit that would have pertained to
him
Q:Whatmustbeconsideredindeterminingthe
amountofdamagesrecoverable?
A: Much is left to the discretion of the court

considering the moral and material damages
involved. There can be no exact or uniform rule
for measuring the value of a human life. The
amount recoverable depends on the particular
factsandcircumstancesofeachcase.
The life expectancy of the deceased or of the

beneficiary,whicheverisshorter,isanimportant
factor. Other factors that are usually considered
are:
1. Pecuniarylosstoplaintifforbeneficiary;
2. Lossofsupport;
3. Lossofservice;
4. Lossofsociety;
5. Mentalsufferingofbeneficiaries;and
6. Medicalandfuneralexpenses.
Thus, life expectancy is, not only relevant, but,

also, an important element in fixing the amount
recoverable, although it is not the sole element
determinativeofsaidamount.
Q:Isitproperfortheheirstoclaimasdamages
thefullamountofearningsofthedeceased?
A: No. Said damages consist, not of the full

amount of his earnings, but of the support they
receivedorwouldhavereceivedfromhimhadhe
notdiedinconsequenceofthenegligenceofthe
bus' agent. Stated otherwise, the amount
recoverable is not loss of the entire earning, but
rather the loss of that portion of the earnings
which the beneficiary would have received. In
otherwords,onlynetearnings,notgrossearning,
aretobeconsidered.
In fixing the amount of that support, the

"necessary expenses of his own living" should be
deducted from his earnings. Earning capacity, as
an element of damages to one's estate for his
death by wrongful act, is necessarily his net
earningcapacityorhiscapacitytoacquiremoney,
lessthenecessaryexpenseforhisownliving.(Villa
ReyTransit,Inc.v.CA,etal.,G.R.No.L25499Feb.
18,1970)
Note: Loss or impairment of earning capacity in

casesoftemporaryorpermanentpersonalinjury.
Incaseofbusinessestablishments,itcoversinjuryto
thebusinessstandingorcommercialcredit.
542
CIVILLAWTEAM:
TORTS AND DAMAGES

personsorincurexpensestoprotecthis
interest
2.ATTORNEYSFEESANDEXPENSESOF
LITIGATION
Q: What are the two concepts of attorneys

fees?Distinguishonefromtheother.
A:
1. Ordinary
2. Extraordinary
ORDINARY
Thereasonable
compensationpaid
toalawyerforthe
legalservices
renderedtoaclient
whohasengaged
him
EXTRAORDINARY
Nature
Anindemnityfordamages
orderedbythecourttobe
paidbythelosingtothe
prevailingpartyinlitigation
Basis
Thefactof
employmentofthe
Anycasesauthorizedbylaw
lawyerbytheclient
Towhompayable
Lawyer
Client
Q:TowhatdoesArticle2208pertain?
A: Article 2208 pertains to extraordinary

attorneys fees. They are actual damages due to
the plaintiff. Plaintiff must allege the basis of his
claimforattorneysfeesinthecomplaint.
Q: Are attorneys fees recoverable as actual

damages?
A:
GR:Notrecoverable.
XPN:SWISSMUDERC
1. Stipulationbetweenparties
2. Recovery of Wages of household
helpers,laborersandskilledworkers
3. ActionsforIndemnityunderworkmen's
compensation and employer liability
laws
4. LegalSupportactions
5. Separate civil action to recover civil
liabilityarisingfromcrime
6. Maliciousprosecution
7. Clearly Unfounded civil action or
proceedingagainstplaintiff
8. WhenDoublejudicialcostsareawarded
9. WhenExemplarydamagesareawarded
10. Defendantactedingross&evidentbad
faithinRefusingtosatisfyplaintiff'sjust
&demandableclaim
11. When defendant's act or omission
Compelled plaintiff to litigate with 3rd
3.INTEREST
Q:Whencaninterestbepartofdamages?
A: In crimes and quasidelicts, the court may

appropriately impose interest on the amount of
the damages adjudicated by the court. The basis
of interest is the legal rate which is 6% per
annum.
D.EXTENTORSCOPEOFACTUALDAMAGES
1.INCONTRACTSANDQUASICONTRACTS
Q: What should be the amount of actual

damages?
A: The amount should be that which would put

the plaintiff in the same position as he would
havebeenifhehadnotsustainedthewrongfor
which he is now getting compensation or
reparation.
1. Property value at the time of
destruction, or market value, plus, in
proper cases, damages for the loss of
use during the period before
replacement, value of use of premises,
in case of mere deprivation of
possession.
2. Personal injury Medical expenses; P

75,000bywayofcivilindemnityincase
of rape committed or effectively
qualifiedunderwhichthedeathpenalty
isimposedbylaw,orP50,000inother
rapecases.
3. Death Wake and burial expenses, P

50,000 by way of civil indemnity ex
delicto which requires no proof other
thanthefactofdeathofthevictimand
theassailantsresponsibilitytherefor.
Q:Canactualdamagesbemitigated?
A:Yes,inthefollowingcases:
1. ForContracts:
a. Violation of terms of the contract
bytheplaintiffhimself;
b. Obtentionorenjoymentofbenefit
under the contract by the plaintiff
himself;
c. Defendant acted upon advice of
counsel in cases where the
exemplary damages are to be
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d.
2.
3.
awarded such as under Articles

2230,2231and2232;
Defendant has done his best to
lessentheplaintiffsinjuryorloss.
ForQuasicontracts:
a. Incaseswhereexemplarydamages
are to be awarded such as in
Article2232;
b. Defendant has done his best to
ForQuasidelicts:
a. That the loss would have resulted
in any event because of the
negligenceoromissionofanother,
and where such negligence or
omission is the immediate and
proximatecauseofthedamageor
injury;
b. Defendant has done his best to
2.INCRIMESANDQUASIDELICTS
Q: What is the amount of damages in cases

where death resulted from a crime or quasi
delict?
A: Art. 2206 provides that the amount of

damages for death caused by a crime or quasi
delict shall be at least 50 thousand pesos, even
though there may have been mitigating
circumstances.
In addition to the amount to be awarded, the
defendantshallalsobeliableforthefollowing:
1. Loss of the earning capacity of the

deceased, and the indemnity shall be
paid to the heirs of the latter; such
indemnity shall in every case be
assessed and awarded by the court,
unless the deceased on account of
permanent physical disability not
caused by the defendant, had no
earning capacity at the time of his
death;
2. If the deceased was obliged to give

support according to the provisions of
Article291,therecipientwhoisnotan
heircalledtothedecedent'sinheritance
by the law of testate or intestate
succession, may demand support from
the person causing the death, for a
period not exceeding five years, the
exactdurationtobefixedbythecourt;
544
Note: The article only mentioned heir.

Consequently, it cannot speak of
deviseesandlegateeswhoarereceiving
supportfromthedeceased.
3.
The spouse, legitimate and illegitimate

descendants and ascendants of the
deceased may demand moral damages
for mental anguish by reason of the
deathofthedeceased.
III.MORALDAMAGES
A.CONCEPT
Q:Whyaremoraldamagesawarded?
A: They are awarded to enable the injured party

to obtain means, diversions or amusement that
will serve to alleviate the moral suffering he has
undergonebyreasonofthedefendantsculpable
action.
Q:Howcantheplaintiffrecovermoraldamages?
A:
GR:Theplaintiffmustallegeandprove:
1. The factual basis for moral damages
and
2. The causal relation to the defendants
act
XPN:Moraldamagesmaybeawardedtothe
victim in criminal proceedings without the
need for pleading of proof or the basis
thereof.
B.WHENRECOVERABLE
Q:Whenismoraldamagesrecoverable?
A:Moraldamagesmayberecoveredinthe
followingandanalogouscases:
1. Acriminaloffenseresultinginphysical
injuries;
2. Quasidelictscausingphysicalinjuries;
3. Seduction,abduction,rape,orother
lasciviousacts;
4. Adulteryorconcubinage;
5. Illegalorarbitrarydetentionorarrest;
6. Illegalsearch;
7. Libel,slanderoranyotherformof
defamation;
8. Maliciousprosecution;
9. ActsmentionedinArticle309;and
CIVILLAWTEAM:
TORTS AND DAMAGES

10. ActionsreferredtoinArticles21,26,
27,28,29,30,32,34,and35.(Art.2219,
NCC)
N534: To award moral damages, a court must be

satisfiedwithproofofthefollowing:
1. an injury whether physical, mental or
psychological;
2. a culpable act or omission factually
established;
3. a wrongful act or omission of the
defendant as the proximate cause of the
injurysustainedbytheclaimant;
4. the award of damages predicated on any
ofthecasesstatedinArt.2219.
Art. 2219, NCC speaks provides for criminal offense

resulting from physical injuries and quasidelicts
causingphysicalinjuries.
1.INSEDUCTION,ABDUCTION,RAPEAND
OTHERLASCIVIOUSACTS
Q: Is there any instance wherein the plaintiff

may not prove the factual basis for moral
damages as well as the causal relation to the
defendantsact?
A:Yes.Incriminalproceedingsforrape.
Requisites:
1. There must be an injury whether
physical, mental or psychological,
clearlysustainedbytheclaimant
2. Theremustbeculpableactoromission
3. Such act or omission is the proximate
causeoftheinjury
4. The damage is predicated on the cases
citedinArt.2219
Q:Inrapecases,iscivilindemnitythesamewith
moraldamages?
A: No, civil indemnity is different from moral

damages. It is distinct from and should not be
denominatedasmoraldamageswhicharebased
ondifferentjuralfoundationsandassessedbythe
court in the exercise of sound discretion (People
v.Caldona,G.R.No.126019,Mar.1,2001).
Whenthefactofrapehasbeenestablished,civil
indemnity is mandatory. If it is simple rape, civil
indemnity is P50,000.00. If there is qualifying
circumstanceastojustifytheimpositionofdeath
penalty, it should be no less than P75,000.00
(People v. Banago ; People v. Mahinay, G.R. No.
109613,July17,1995)(Pineda,p.247,2009ed.).
2.INACTSREFERREDTOINARTS.21,26,27,28,
29,32,34&35,NCC
Q: What are those tortuous acts referred to in

Articles 21, 26, 27, 28. 29, 32, 34 and 35 of the
Civil Code, wherein the plaintiff may recover
moraldamages?
A:
1. Willful acts contrary to morals, good
customsorpublicpolicy
2. Disrespect to the dignity, personality,
privacyandpeaceofmindofneighbors
andotherpersons
3. Refusalorneglectofapublicservantto
perform his official duty without just
cause
4. Unfair competition in enterprise or in
labor
5. Civilactionfordamagesagainstaccused
acquittedonreasonabledoubt
6. Violationofcivilrights
7. Civil action for damages against city or
municipalpoliceforce
8. When the trial court finds no
reasonable ground to believe that a
crime has been committed after a
preliminary investigation or when the
prosecutor refuses or fails to institute
criminalproceedings.
3.INCASESOFMALICIOUSPROSECUTION
Q:Whatisanactionformaliciousprosecution?
A: It has been defined as an action for damages

brought by or against whom a criminal
prosecution, civil suit, or other legal proceeding
has been instituted maliciously and without
probable cause, after the termination of such
prosecution, suit or other proceeding in favor of
the defendant therein. (Diaz v. Davao Light and
PowerCo.,520SCRA510,2007)
Q: May moral and exemplary damages be

granted if a marriage was dissolved on the
groundofpsychologicalincapacity?
A: By declaring petitioner as psychologically

incapacitated, the possibility of awarding moral
damages was negated, which should have been
proved by specific evidence that it was done
deliberately.Thus,asthegrantofmoraldamages
was not proper, it follows that the grant of
exemplary damages cannot stand since the Civil
Code provides that exemplary damages are
imposed in addition to moral, temperate,
liquidated or compensatory damages. Finally,
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sincetheawardofmoralandexemplarydamages
isnolongerjustified,theawardofattorney'sfees
and expenses of litigation is left without basis.
(Buenaventura v. CA, G.R. No. 127358,Mar. 31,
2005)
IV.NOMINALDAMAGES
A.CONCEPT
Q:Whatisthepurposeofnominaldamages?
A: In order that a right of the plaintiff which has

been violated or invaded by the defendant may
be vindicated or recognized, and not for the
purpose of indemnifying the plaintiff for any loss
sufferedbyhim.
Note:Elements:
1. Plaintiffhasaright;
2. Suchrightisviolated;
3. The purpose of awarding damages is to
vindicateorrecognizetherightviolated.
B.WHENAWARDED
Q: In what cases are nominal damages

awarded?
A: nominal damages are small sums fixed by the

court without regard to the extent of the harm
done to the injured party. They are damages in
name only andare allowed simply in recognition
ofatechnicalinjurybasedonaviolationofalegal
right.
Note:Nominaldamagescannotcoexistwithactual
or compensatory damages because nominal
damages are recoverable when the damages
suffered cannot be proved with reasonable
certainty.Thelawpresumesdamagealthoughactual
orcompensatorydamagesarenotproven.Awardof
actual, moral, temperate or moderate damages
preclude nominal damages. But it may be awarded
togetherwith attorneys fees. (Pineda, pp. 284285,
2009ed)
V.TEMPERATEORMODERATEDAMAGES
A.CONCEPT
Q:Whataretemperatedamages?
A:Thosedamages,whicharemorethannominal
but less than compensatory, and may be
recovered when the court finds that some
546
pecuniary loss has been suffered but its amount

cannotbeprovedwithcertainty.
In cases where the resulting injury might be
continuing and possible future complications
directly arising from the injury while certain to
occur,aredifficulttopredict,temperatedamages
can and should be awarded on top of actual or
compensatorydamages.Insuchcasesthereisno
incompatibility between actual and temperate
damages
Note:Elements:
1. Somepecuniaryloss;
2. Loss is incapable of pecuniary
estimation;
3. The
damages
awarded are
reasonable.
VI.LIQUIDATEDDAMAGES
A.CONCEPT
Q:Whatareliquidateddamages?
A:Thoseagreeduponbythepartiesinacontract,
tobepaidincaseofbreachthereof.
Q: When may liquidated damages be equitably

reduced?
A:
1. Iniquitousorunconscionable
2. Partialorirregularperformance
B.RULESGOVERNINGINCASEOFBREACHOF
CONTRACT
Q: What is the rule governing in case of breach

ofcontract?
A:Art.2228,NCC,providesthatwhenthebreach
of contract committed by the defendant is not
the one contemplated by the parties in agreeing
upon the liquidated damages, the law shall
determinethemeasureofdamages,andnotthe
stipulation.
VII.EXEMPLARYORCORRECTIVEDAMAGES
A.CONCEPT
Q:Whatisthepurposeofexemplarydamages?
A: Imposed by way of example or correction for

the public good, in addition to the moral,
temperate,liquidatedorcompensatorydamages;
intended to serve as a deterrent to serious
wrongdoings and as a vindication of undue
sufferingsandwantonofinvasionoftherightsof
CIVILLAWTEAM:
TORTS AND DAMAGES

an injured or a punishment for those guilty of
outrageousconduct.
B.WHENRECOVERED
Q: In what cases may exemplary damages be

imposedasaccessorydamages?
A:
GR:Exemplarydamagescannotberecovered
asamatterofright(Art.2233,NCC)
XPN:
1. Criminal offense when the crime was
committed with one or more
aggravatingcircumstances(Art.2230)
2. Quasidelicts when the defendant
actedwithgrossnegligence(Art.2231)
3. Contracts and Quasicontracts when
defendantactedinwanton,fraudulent,
reckless, oppressive, or malevolent
manner (Art. 2232) (Pineda, p. 301,
2009ed)
Q:Whatarethedamagesthatcanberecovered
incaseofdeath?
3
A:MEAI
1. Moraldamages
2. Exemplarydamages
3. Attomey's fees and expenses for
litigation
4. Indemnityfordeath
5. Indemnityforlossofearningcapacity
6. Interestinpropercases
Q:Whatarethedamagesthatcanberecovered
incaseofdeath?
3
A:MEAI
1. Moraldamages
2. Exemplarydamages
3. Attomey's fees and expenses for
litigation
4. Indemnityfordeath
5. Indemnityforlossofearningcapacity
6. Interestinpropercases
C.REQUISITES
Q:Whenistemperatedamagesrecoverable?
A:
1. The claimants right to exemplary
damageshasbeenestablished
2. Their determination depends upon the
amountofcompensatorydamagesthat
maybeawardedtotheclaimant
3.
The act must be accompanied by bad

faith or done in wanton, fraudulent,
oppressiveormalevolentmanner
VIII.DAMAGESINCASEOFDEATH
A.INCRIMESANDQUASIDELICTSCAUSING
DEATH
Q: What is the rule with regard to crimes and

quasidelictscausingdeath?
A:Incaseofdeath,theplaintiffisentitledtothe
amount that he spent during the wake and
funeral of the deceased. However, it has been
ruled that expenses after the burial are not
compensable.
Note:Theamountofdamagesfordeathcausedbya
crimeorquasidelictshallbeatleastthreethousand
pesos,eventhoughtheremayhavebeenmitigating
circumstances.Inaddition:
1. The defendant shall be liable for the loss
of the earning capacity of the deceased,
and the indemnity shall be paid to the
heirsofthelatter;suchindemnityshallin
every case be assessed and awarded by
thecourt,unlessthedeceasedonaccount
of permanent physical disability not
caused by the defendant, had no earning
capacityatthetimeofhisdeath;
2. If the deceased was obliged to give
support according to the provisions of
Article 291, the recipient who is not an
heir called to the decedent's inheritance
by the law of testate or intestate
succession,maydemandsupportfromthe
personcausingthedeath,foraperiodnot
exceedingfiveyears,theexactdurationto
befixedbythecourt;
3. The spouse, legitimate and illegitimate
descendants and ascendants of the
deceasedmaydemandmoraldamagesfor
mentalanguishbyreasonofthedeathof
thedeceased.(Art.2206,NCC)
1.INDEATHCAUSEDBYBREACHOFCONDUCT
BYACOMMONCRIME
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IX.GRADUATIONOFDAMAGES
Q:Whatistheruleingraduationofdamagesin
tortscases?
A: Generally, the degree of care required is

graduated according to the danger a person or
property attendant upon the activity which the
actorpursuesortheinstrumentalityheuses.The
greaterthedangerthegreaterthedegreeofcare
required.
However, foreseeability is not the same as

probability. Even if there is lesser degree of
probability that damage will result, the damage
maystillbeconsideredforeseeable.
NOTE: The test as respects foreseeability is not the

balance of probabilities, but the existence, in the
situation in hand, of some real likelihood of some
damage and the likelihood is of such appreciable
weightandmomenttoinduce,orwhichreasonably
should induce, action to avoid it on the part of a
personorareasonablyprudentmind.
A.DUTYOFINJUREDPARTY
1.ART.2203
Q:Whatisthedutyoftheinjuredparty?
A: The injured party is obligated to undertake

measuresthatwillalleviateandnotaggravatehis
condition after the infliction of the injury or
nuisance. The injured party has the burden of
explainingwhyhedidnotdoso.(Art.2203,NCC)
B.RULES
1.INCRIMES
Q: How are damages adjudicated in case of
crimes?
A:Incrimes,thedamagestobeadjudicatedmay
be respectively increased or lessened according
to the aggravating or mitigating circumstances.
(Art.2204,NCC)
2.INQUASIDELICT
Q: When can damages be reduced in quasi

delict?
A: The contributory negligence of the plaintiff

shall reduce the damages he may recover. (Art.
2214,NCC)
548
3.INCONTRACTS,QUASICONTRACTSAND
QUASIDELICTS;NCCART.2215
Q: When can the court equitably mitigate the

damages in contract, quasicontracts and quasi
delicts?
A: The court can mitigate the damages in the

followinginstancesotherthaninArt.2214:
1. That the plaintiff himself has
contravenedthetermsofthecontract;
2. That the plaintiff has fderived some
benefitasaresultofthecontract;
3. In cases whereexemplary damagesare
to be awarded, that the defendant
actedupontheadviceofcounsel;
4. Thatthelosswouldhaveresultedinany
event;
5. That since the filing of the action, the
defendant has done his best to lessen
the plaintiffs loss or injury. (Art. 2215,
NCC)
4.LIQUIDATEDDAMAGES
Q: When can liquidated damages be equitably

reduced?
A: Liquidated damages, whether intended as an

indemnityorapenalty,shallbeequitablyreduced
if they are iniquitous or unconscionable. (Art.
2227,NCC)
5.COMPROMISE
Q:Whatisacompromise?
A: A compromise is a contract whereby the

parties,bymakingreciprocalconcessions,avoida
litigation or put an end to one already
commenced.(Art.2028,NCC)
Q:Whatistheessenceofacompromise?
A:Theelementofreciprocalconcessions.
Q: What is the rule regarding compromise in

caseliabilityhasacivilandcriminalaspect?
A: If a crime has been committed, there can be

compromise on the civil liability, but not, as a
generalrule,onthecriminalliability.
Note:Inacivilcase,compromisemustbeentered
into before or during litigation, never after final
judgmenthasbeenrendered.
CIVILLAWTEAM:
TORTS AND DAMAGES

Compromiseduringlitigationmaybeintheform
ofaconfessionofjudgment.
Q: What is the rule regarding compromise of

criminalliability?
A:
GR:notallowed
XPN: in case of crimes against chastity and

violationsoftheNationalInternalRevenueCode.
X.MISCELLANEOUSRULES
Damages
Damages
Damages
thatcannot
thatmustco
thatmust
coexist
exist
standalone
Nominal
Exemplary
Nominal
Damages
Damages
Damages
cannotco
mustcoexist
existwith
withMoral,
Exemplary
Temperate,
Damages
Liquidatedor
Compensator
yDamages
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NOTE: This principle is based upon the famous

Q: What are the elements of the principle of

Q: What is the principle behind the prohibition

A: Nemo cum alteris detrimento locupletari

NOTE: Mistake is not an essential element, as

Q: What are the requisites for accion in rem

A: It can only be availed of if there is no other

Q: Distinguish accion in rem verso from solutio

Q: Is rendition of services included under Art.

A: No. If services were rendered by someone

Q: Is Liability Without Fault different with

TORTS AND DAMAGES

A: A person who only exercises his legal rights

Q: Is the owner of a property obliged to take

4. State of Necessity (Art. 432) A

Every person who, contrary to law, willfully or

A: No. Generally, laws provide for their own

Q: In view of the general sanction provided for

A: No. It is essential that some right of his be

Q: What are the elements of acts contra bonus

Q: When is breach of promise to marry an

A: It becomes actionable if there are additional

UST GOLDEN NOTES 2011

Q: What are the classes of torts according to

2. Intentional torts The actor desires to

4. Constitutional torts The violation of a

2. Specific torts It includes trespass,

A: Yes. A corporation is civilly liable in the same

NOTE: With respect to close corporations, the

RE: Corporation by Estoppel: all persons who

With respect to partnerships, the partnership is

Subject to rules regarding waiver of immunity

TORTS AND DAMAGES

A: Minors here refer to those who are below

Q: Is the mother liable simultaneously with the

A: No. The law does not make the father and

NOTE: Consequently, the wife as a codefendant

A: Yes. It is but just that if the children commit

Q: What is the rule in vicarious liability of

XPN: A manager who is not an owner but

NOTE: To be liable, the manager must be acting as

Note: If there is deviation from the scope of

UST GOLDEN NOTES 2011

Q: How is quasidelict under Art. 2180

A: A person or juridical entity is made liable

Q: When is the actual tortfeasor not exempted

A: The minor, ward, employee, special agent,

Filing a criminal case: (offender found

Q: What is the defense for the persons liable

A: The persons liable shall be exempted from

Q: What is the basis of quasidelicts under Art.

A: Pater Familias. The reason for the masters

Note: The master, however, in pater familias

Q: What is the nature of responsibility if the

A: The liability of the vicarious obligor is primary

Q: Who is a minor under Art 221 of the Family

GR: 18 years of age parental authority

Note: Art 221. Family Code provides that parents

TORTS AND DAMAGES

Q: Distinguish between Articles 218 of the

Q: Is the application of Article 2180 limited to

A: No. It applies to all, including academic