Professional Documents
Culture Documents
215
MEMORY AID
IN
CIVIL LAW
I. TORTS
TORT
An unlawful violation of private right,
not created by contract, and which gives
rise to an action for damages.
It is an act or omission producing an
injury to another, without any previous
existing lawful relation of which the said
act or omission may be said to be a
natural outgrowth or incident.
NOTES:
An unborn child is NOT entitled to
damages. But the bereaved parents may
be entitled to damages, on damages
inflicted directly upon them. (Geluz vs.
CA, 2 SCRA 802)
Defendants in tort cases can either be
natural or artificial being. Corporations
are civilly liable in the same manner as
natural persons.
Any person who has been injured by
reason of a tortious conduct can sue the
tortfeasor.
The primary purpose of a tort action is to
provide compensation to a person who
was injured by the tortious conduct of
the defendant.
Preventive remedy is available in some
cases.
A.
B.
C.
Classes of Torts:
Negligent Torts
Intentional Torts
Strict Liability
A. NEGLIGENT TORTS
NOTES:
The 3 kinds of negligence furnish
separate, distinct, and independent
bases of liability or causes of action.
Culpa Contractual
Culpa Aquiliana
The foundation of
the liability of the
defendant
is the contract
In breach of contract
committed through
the negligence of
employee,
the
employer
cannot
erase his primary and
direct liability by
invoking exercise of
diligence of a good
father of a family in
the selection and
supervision of the
employee.
It is a separate
source of obligation
independent
of
contract
In quasi-delict the
presumptive
responsibility for the
negligence of his
servants can be
rebutted by proof of
the exercise of due
care in their
selection and
supervision.
Culpa Aquiliana
Crime
NEGLIGENCE
CIVIL LAW COMMITTEE
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
MEMORY AID
Only involves private
concern
The Civil Code by
means of indemnification
merely
repairs the damage
Includes all acts in
which any kind of
fault or negligence
intervenes
Liability is direct and
primary in quasidelict
QUASI-DELICT
Whoever by act or omission causes
damage to another, there being fault or
negligence is obliged to pay for the
damage done. (Article 2176 Civil Code)
Essential Requisites for a quasidelictual action:
1.
Act or omission constituting fault
or negligence;
2.
Damage caused by the said act or
omission; and
3.
Causal relation between the
damage and the act or omission.
CIVIL LAW
1.
2.
3.
Tests of Negligence
1. Did the defendant in doing the
alleged negligent act use the
reasonable care and caution which
an ordinarily prudent person would
have used in the same situation?
If not then he is guilty of negligence.
2. Could a prudent man, in the case
under consideration, foresee harm as
a result of the course pursued?
If so, it was the duty of the actor to take
precautions to guard against harm.
NOTES:
Negligence is a conduct - the
determination of the existence of
negligence is concerned with what the
defendant did or did not do
IN
4.
5.
6.
7.
Calculation of Risk
Interests are to be balanced only in
the sense that the purposes of the actor,
the nature of his act and the harm that
may result from action or inaction are
elements to be considered.
Circumstances
to
consider
in
determining negligence: (PEST-GAP)
Time
Place
Emergency
Emergency rule
GENERAL RULE: An individual who
suddenly finds himself in a situation
of danger and is required to act
without much time to consider the
best means that may be adopted to
avoid the impending danger is not
guilty of negligence if he fails to
undertake what subsequently and
upon reflection may appear to be a
better solution.
EXCEPTION: When the emergency
was brought by the individuals own
negligence. (Valenzuela vs. CA 253
SCRA 303).
Gravity of Harm to be avoided
Alternative Course of Action
If the alternative presented to
the actor is too costly, the harm
that may result may be still be
considered unforeseeable to a
reasonable man.
Social value or utility of activity
Person exposed to the risk
GOOD FATHER OF A FAMILY (pater
familias):
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
MEMORY AID
- this is the standard of conduct used in
the Philippines
- a man of ordinary intelligence and
prudence or an ordinary reasonable
prudent man
a reasonable man deemed to have
knowledge of the facts that a man should
be expected to know based on ordinary
human experience. (PNR vs IAC, 217
SCRA 409)
- a prudent man who is expected to know
the basic laws of nature and physics, e.g.
gravity.
SPECIAL RULES
1. Children
NOTES:
The law fixes no arbitrary age at
which a minor can be said to have the
necessary capacity to understand and
appreciate the nature and consequence
of his acts. (Taylor vs. Meralco, 16 Phil
8)
Applying the provisions of the
Revised Penal Code, Judge Sangco takes
the view that a child who is 9 or below is
conclusively presumed to be incapable of
negligence. In the other hand, if the
child is above 9 years but below 15,
there is a disputable presumption of
absence of negligence.
Absence of negligence does not
necessarily mean absence of liability.
Liability without fault: a child under
9 years can still be subsidiarily liable
with his property (Art. 100, RPC)
Absence of negligence of the child
may not excuse the parents from their
vicarious liability under Art. 2180 NCC or
Art. 221 FC.
2. Physical Disability
CIVIL LAW COMMITTEE
IN
CIVIL LAW
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
MEMORY AID
The insanity of a person does not excuse
him or his guardian from liability based
on quasi-delict.
Bases for holding an insane person liable
for his tort:
a. Where one of two innocent persons must
suffer a loss, it should be borne by the
one who occasioned it.
b. To induce those interested in the estate
of the insane person to restrain and
control him.
c. The fear that an insanity would lead to
false claims of insanity and avoid
liability.
Other
Factors
to
Consider
in
Determining Negligence:
A. VIOLATION OF RULES AND STATUTES
1. Statutes
GENERAL RULE:
Violation of a
statutory duty is NEGLIGENCE PER SE
(Cipriano vs. CA, 263SCRA711). When the
Legislature has spoken, the standard of
care required is no longer what a
reasonably prudent man would do under
the circumstances but what the
Legislature has commanded.
EXCEPTIONS:
a. When unusual conditions occur and
strict observance may defeat the
purpose of the rule and may even
lead to adverse results.
b. When
the
statute
expressly
provides that violation of a
CIVIL LAW COMMITTEE
CIVIL LAW
7. Women
In
determining
the
question
of
contributory negligence in performing
such act, the age, sex, and condition of
the
passengers
are
circumstances
necessarily affecting the safety of the
passenger, and should be considered.
(Cangco vs. Manila Railroad Co. GR
No.12191, October 14, 1918)
Although there is no unequivocal
statement of the rule, Valenzuela vs. CA
253SCRA303 appears to require a
different standard of care for women
under the circumstances indicated
therein.
However, Dean Guido Calabresi believes
that there should be a uniform standard
between a men and a women.
IN
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
MEMORY AID
CIVIL LAW
PROOF OF NEGLIGENCE
GENERAL RULE:
If the plaintiff alleged in his complaint
that he was damaged because of the
negligent acts of the defendant, the
plaintiff has the burden of proving
such negligence. (Taylor vs. MERALCO
16Phil8)
The quantum of proof required is
preponderance of evidence. (Rule 133
Revised Rules of Court)
EXCEPTIONS: Exceptional cases when
the rules or the law provides for cases
when negligence is presumed.
A.
Presumptions of Negligence
B.
Res Ipsa Loquitur
A.
Presumptions of Negligence
1. In motor vehicle mishaps, the owner is
presumed negligent if he was in the
vehicle and he could have used due
diligence to prevent the misfortune.
(Article 2184 Civil Code)
2. It is disputably presumed that a driver
was negligent if he had been found guilty
of reckless driving or violating traffic
regulations at least twice for the next
preceding two months. (Article 2184
Civil Code)
3. The driver of a motor vehicle is
presumed negligent if at the time of the
mishap, he was violating any traffic
regulation. (Article 2185 Civil Code)
4. GENERAL
RULE:
Prima
facie
presumption of negligence of the
defendant arises if death or injury
results from his possession of dangerous
weapons or substance.
IN
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
MEMORY AID
AFFIRMATIVE
DUTIES
AND
MISCELLANEOUS ACTIVITIES:
1. Duty to Rescue
A. Duty to the rescuer
The defendants are liable for the injuries
to persons who rescue people in distress
because of the acts or omissions of the
said defendants.
There is liability to the rescuer and the
law does not discriminate between the
rescuer oblivious to the peril and the one
who counts the costs.
The risk of rescue, if only not wanton, is
born of the occasion.
One who was hurt trying to rescue
another who was injured through
negligence may recover damages.
(Santiago vs. De leon CA-GR No.16180-R
March 21, 1960)
Danger of personal injury or death.
B. Duty to rescue
GENERAL RULE: There is no general
duty to rescue; a person is not liable for
quasi-delict even if he did not help a
person in distress.
EXCEPTIONS: A limited duty to rescue
is imposed in certain cases:
Abandonment of persons in danger and
abandonment of ones own victim is
considered, under certain circumstances
as a crime against security (Article 275
RPC); and
No driver of a motor vehicle concerned
in a vehicular accident shall leave the
scene of the accident without aiding the
victim unless he is excused from doing
so. (Section 55 RA 4136 [Land
Transportation and traffic Code])
CIVIL LAW
IN
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
MEMORY AID
B. Employees
Employees are bound to exercise due
4. Banks
The business of banks is one affected by
public interest. Because of the nature of
its functions, a bank is under obligation
to treat the accounts of its depositors
with meticulous care, always having in
mind the fiduciary nature of their
relationship. (PBC vs. CA [1997])
CIVIL LAW COMMITTEE
IN
CIVIL LAW
5. Common carriers
From the nature of their business and for
reasons of public policy, they are bound
to exercise extraordinary diligence in the
vigilance over the goods and the safety
of the passengers.
The case against the common carrier is
for the enforcement of an obligation
arising from breach of contract.
The same act which breached the
contract may give rise to an action based
on quasi delict. (Air France vs
Carrascoso, L21438, Sept. 28, 1996)
6. Doctors
A. STANDARD OF CARE
The proper standard is whether, the
physician if a general practitioner, has
exercised the degree of care and skill of
the average qualified practitioner, taking
into account the advances in the
profession.
A physician who holds himself out as a
specialist should be held to the standard
of care and skill of the average member
of the profession practicing the
specialty, taking into account the
advances in the profession.
B. THE CAPTAIN OF THE SHIP DOCTRINE
The head surgeon is made liable for
everything that goes wrong within the
four corners of the operating room.
It enunciates the liability of the surgeon
not only for the wrongful acts of those
under his physical control but also those
wherein he has extension of control.
C. NOT WARRANTORS
Physicians are not warrantors of cures or
insurers against personal injuries or
death of the patient.
D. PROOF
Expert testimony should be offered to
prove that the circumstances are
constitutive of conduct falling below the
standard of care employed by other
physicians in good standing when
performing the same operation.
Medical malpractice can also be
established by relying on the doctrine of
res ipsa loquitor; in which case the need
of expert testimony is dispensed with
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
MEMORY AID
completely
recovery
B. Partial mitigates liability
CIVIL LAW COMMITTEE
bars
IN
CIVIL LAW
1. PLAINTIFFS
CONDUCT
AND
CONTRIBUTORY NEGLIGENCE
a. Plaintiffs own negligence as the
proximate cause
When the plaintiffs own negligence
was the immediate and proximate
cause of his injury, he cannot
recover damages. (Article 2179
Civil Code)
b. Contributory negligence
Conduct on the part of the injured
party contributing as a legal cause
to the harm he has suffered which
falls below the standard to which
he is required to conform for his
own protection. (Valenzuela vs. CA
253SCRA303)
If the plaintiffs negligence was
only contributory, the immediate
and proximate cause of the injury
being the defendants lack of due
care, the plaintiff may recover
damages but the courts shall
mitigate the damages to be
awarded (Article 2179 Civil Code).
Doctrine
of
Comparative
Negligence
The
relative degree of negligence of
the parties is considered in
determining whether and to what
degree,
either
should
be
responsible for his negligence
(apportionment of damages).
This
is
the doctrine being applied in our
jurisdiction
wherein
the
contributory negligence of the
plaintiff does not completely bar
recovery but merely results in
mitigation of liability; it is a partial
defense.
The
court is free to determine the
extent of the mitigation of the
defendants liability depending
upon the circumstances.
2. IMPUTED
NEGLIGENCE
CONTRIBUTORY
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
MEMORY AID
3. FORTUITOUS EVENTS
Essential requisites:
a. The cause of the unforeseen and
unexpected occurrence, or of the
failure of the
debtor to comply
with his obligation, must be
independent of the human will;
b. It must be impossible to foresee
the event which constitutes the
caso fortuito, or if it can be
foreseen, it must be impossible to
avoid;
c. The occurrence must be such as to
render it impossible for the debtor
to fulfill his obligation in a normal
manner; and
d. The obligor must be free from any
participation in the aggravation of
the injury resulting to the creditor.
NOTE: When an act of God concurs
with the negligence of defendant to
produce an injury, the defendant is
liable if the injury would not have
resulted but for his own negligent
conduct or omission. The whole
occurrence is humanized and removed
from the rules applicable to acts of
God. (NAPOCOR vs. CA [1993])
GENERAL RULE: It is a complete
defense and a person is not liable if
the cause of the damage is a fortuitous
event.
EXCEPTION: It is merely a partial
defense and the courts may mitigate
the damages if the loss would have
resulted in any event (Art. 2215(4)
Civil Code).
4. ASSUMPTION OF RISK
CIVIL LAW COMMITTEE
a.
b.
c.
a.
IN
CIVIL LAW
b. Implied Assumptions
i. Dangerous Conditions
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
such dangerous conditions.
Example: A person who main-tained
his house near a railroad track
assumes the usual dangers attendant
to the opera-tion of a locomotive.
(Rodrigueza vs. Manila Railroad Co.,
GR No. 15688, Nov. 19, 1921).
ii. Contractual Relations
There may be implied assumption of
risk if the plaintiff entered into a
contractual
relation
with
the
defendant. By entering into a
relationship freely and voluntarily
where the negligence of the
defendant is obvious, the plaintiff
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
MEMORY AID
a)
b)
iii.
iv.
IN
CIVIL LAW
7. INVOLUNTARINESS
It is a complete defense in quasi-delict
cases and the defendant is therefore not
liable if force was exerted on him.
(Aquino, Torts and Damages)
EXAMPLE: When the defendant was
forced to drive his vehicle by armed
men. He was, at pain of death, forced to
drive at a very fast clip because the
armed men were escaping from the
policemen. The defendant cannot be
held liable, if a bystander is hit as a
consequence.
CAUSATION
Proximate Cause
That cause which in natural and
continuous sequence, unbroken by any
efficient intervening cause, produces the
injury, without which the result would
not have occurred.
Remote Cause
That cause which some independent
force merely took advantage of to
accomplish something not the natural
effect thereof.
Nearest Cause
That cause which is the last link in the
chain of events; the nearest in point of
time or relation.
Proximate cause is not necessarily the
nearest cause but that which is the
procuring efficient and predominant
cause.
Concurrent Causes
The actor is liable even if the active and
substantially simultaneous operation of
the effects of a third persons innocent,
tortious or criminal act is also a
substantial factor in bringing about the
harm so long as the actors negligent
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
MEMORY AID
IN
CIVIL LAW
Multiple causation
If there are a number of candidate
conditions, which, taken one at a time,
would not in fact have been sufficient to
cause the accident and the accident was
a cumulative effect of all the candidate
conditions.
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
MEMORY AID
Policy Tests:
1. Foreseeability Test
2. Natural and Probable Consequence
Test
3. Natural and Ordinary or Direct
Consequence Test
4. Hindsight Test
5. Orbit of Risk Test
6. Substantial Factor Test
Policy Tests may be divided into Two
Groups:
1. FORESIGHT PERSPECTIVE/
FORESEEABILITY TESTS
The defendant is not liable for the
unforeseeable consequences of his acts
Liability is limited within the risk created
by defendants negligent acts.
2. DIRECT PERSEPECTIVE/ DIRECT
COSEQUENCES TESTS
The defendant is liable for damages
which are beyond the risk.
Direct consequences are those which
follow in sequence from the effect of
defendants act upon conditions existing
and forces already in operation at the
time without intervention of any
external forces, which come into active
operation later.
Tests applied in the Philippines:
New Civil Code has a chapter on
Damages which specifies the kind of
damage for which the defendant may be
held liable and the extent of damage to
be awarded to the plaintiff.
Cause-in-fact Tests:
1. But-for test
2. Substantial Factor test
3. NESS test
IN
CIVIL LAW
NOTES:
A cause is not an intervening cause if it
was already in operation at the time the
negligent act is committed.
Foreseeable intervening causes cannot
be considered sufficient intervening
causes.
The intervention of unforeseen and
unexpected cause is not sufficient to
relieve
the
wrongdoer
from
consequences of negligence if such
negligence directly and proximately
cooperates with the independent cause
in the resulting injury.
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
MEMORY AID
CONTRIBUTORY NEGLIGENCE
A. Plaintiffs negligence is the cause
EXAMPLES:
1. Only the plaintiff was negligent.
2. Defendants negligence is not a part of
the causal set which is a part of the
causal chain.
3. Plaintiffs negligence was pre-emptive in
nature.
B. Compound Causes
Plaintiffs
negligence
may
have
duplicative effect, that it, it is sufficient
to bring about the effect but his
negligence occurs simultaneously with
the defendant; the latters negligence is
equally sufficient but not necessary to
bring about the effect because damage
would still have resulted due to the
negligence of the plaintiff.
Neither
plaintiffs
negligence
nor
defendants
negligence
alone
is
sufficient to cause the injury; the effect
would result only if both are present
together
with
normal
background
conditions.
However,
if
plaintiffs
negligence
increased or aggravated the resulting
damage or injury liability of the
defendant should also be mitigated
under contributory negligence rule or
under the doctrine of avoidable
consequences.
CIVIL LAW COMMITTEE
IN
CIVIL LAW
Alternative Views:
1. Prevailing view
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
MEMORY AID
means at hand after the peril is or should
have been discovered.
3. If defendants negligence is a concurrent
cause and which was still in operation up
to the time the injury was inflicted.
4. Where the plaintiff, a passenger, filed an
action against a carrier based on
contract.
5. If the actor, though negligent, was not
aware of the danger or risk brought
about by the prior fraud or negligent act.
B. INTENTIONAL TORTS
Include conduct where the actor desires
to cause the consequences of his act or
believes that the consequences are
substantially certain to result from it.
HUMAN RELATIONS
Principle of Abuse of Rights
(ART.19)
Elements:
a.
Legal right or duty;
b. The right or duty is exercised in bad
faith; and
c. For the sole intent of prejudicing or
injuring another.
EXAMPLE: If the principal unreasonably
terminated an agency agreement for
selfish reasons. (Valenzuela vs. CA, 190
SCRA 1)
NOTE: This rule is a departure from the
traditional view that a person is not
liable for damages resulting from the
exercise of ones right.
3.
a.
b.
c.
a.
1.
2.
3.
1.
2.
Article 20 of the Civil Code
IN
CIVIL LAW
b.
c.
Sexual assault
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
MEMORY AID
d.
Desertion by a spouse
Trespass
and
Deprivation
of
Property
2 KINDS:
1)
Trespass
to
and/or
deprivation of real property
3)
IN
CIVIL LAW
Disconnection of electricity
or gas service
The right to disconnect and deprive
the customer, who unreasonably fails
to pay his bills, of electricity should
be exercised in accordance with the
law and rules.
Example: If a company disconnects
the electricity service without prior
notice as required by the rules, the
company commits a tort under
Article 21 NCC.
f.
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
MEMORY AID
IN
CIVIL LAW
Elements:
1.
The fact of the prosecution and
the further fact that the defendant was
himself the prosecutor; and that the
action was finally 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.
NOTES:
Malice is the inexcusable intent to
injure, oppress, vex, annoy or humiliate.
Presence of probable cause signifies
absence of malice.
Absence of malice signifies good faith on
the part of the defendant; good faith
may even be based on mistake of law.
Acquittal presupposes that a criminal
information is filed in court and final
judgment rendered dismissing the case;
nevertheless, prior acquittal may include
dismissal by the prosecutor after
preliminary investigation. (Globe Mackay
and Radio Corp. vs. CA; Manila Gas Corp
vs. CA)
NOTES:
GENERAL RULE: Right to privacy can be
invoked only by natural persons;
Juridical persons cannot invoke such
right because the entire basis of right to
privacy is an injury to the feelings and
sensibilities of a party, a corporation
would have no such ground.
EXCEPTION: Right against unreasonable
searches and seizure can be invoked by a
juridical entity.
i.
Public Humiliation
Damages may be awarded in cases where
the plaintiff suffered humiliation through
the positive acts of the defendant
directed against the plaintiff.
Example: The defendant was held liable
for damages under Art. 21 for slapping
the plaintiff in public. (Patricio vs. Hon.
Oscar Leviste, [1989])
NOTES:
Under
Article
21,
damages
are
recoverable even though no positive law
was violated.
An action can only prosper when
damage, material or otherwise, was
CIVIL LAW COMMITTEE
1)
2)
3)
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
MEMORY AID
to the customs of time and place and is
determined by the norm of an ordinary
person.
a.
Publicat
ion of Embarrassing Private Facts
CIVIL LAW COMMITTEE
IN
CIVIL LAW
Requisites:
1. Publicity is given to any private or
purely personal information about a
person;
2. Without the latters consent; and
3. Regardless of whether or not such
publicity constitutes a criminal
offense, like libel or defamation, the
circumstance that the publication
was made with intent of gain or for
commercial and business purposes
invariably serves to aggravate the
violation of the right.
PUBLIC FIGURE - A
person, who by his accomplishments,
fame or mode of living or by adopting a
profession or calling which gives the
public a legitimate interest in his doings,
his affairs and his character.
NOTE: Public figures, most especially
those holding responsible positions in
government enjoy a more limited right
to privacy compared to ordinary
individuals.
Publicit
y which places a person in a false
light in the public eye
The interest to be protected in this
tort is the interest of the individual
in not being made to appear before
the public in an objectionable false
light or false position.
EXAMPLE: Defendant was held liable
for damages when he published an
unauthorized biography of a famous
baseball player exaggerating his
feats on the baseball field,
portraying him as a war hero. (Spahn
vs. Messner)
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
MEMORY AID
If the publicity given to the plaintiff
is defamatory, hence an action for
libel is also warranted; the action for
invasion of privacy will afford an
alternative remedy.
May be committed by the media by
distorting a news report.
Tort of Putting
Another in False
Light
Commer
cial appropriation of likeness
The unwarranted publication of a
persons name or the unauthorized
use of his photograph or likeness for
commercial purposes is an invasion
of privacy.
With respect to celebrities, however,
the right of publicity is often treated
as a separate right that overlaps but
is distinct from the right of privacy.
They treat their names and likeness
as property and they want to control
and profit therefrom.
2.
Defamation
1. As to gravamen of claim
The gravamen of The gravamen of
claim is not the claim is the reputareputational
harm tional harm
but
rather
the
embarrassment of a
person being made
into some-thing he is
not
2. As to publication
The statement should Publication
is
be actually made in satisfied if a letter is
public
sent to a third person
3. As to the defamatory character of the
statements
Defendant may still What is published
be held liable even if lowers the esteem in
the statements tells which the plaintiff is
something
good held
about the plaintiff
d.
IN
CIVIL LAW
4.
Vexation and Humiliation
Discrimination against a person on
account of his physical defect, which
causes emotional distress, may result
in liability on the part of the
offending party.
Sexual Harassment falls under this
category.
- a civil action separate and distinct from
the
criminal
action
may be
commenced under RA 7877.
- 2 types of Sexual harassment:
a) quid pro quo cases
b) hostile environment cases
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
MEMORY AID
NOTES:
Test in determining the defamatory
character of the imputation: A charge
is sufficient if the words are calculated
to induce the hearers to suppose and
understand that the person/s against
whom they were uttered were guilty of
a certain offense, or are sufficient to
impeach their honesty, virtue, or
reputation, or to hold the person/s up
to public ridicule.
Dissemination to a number of persons
is not required, communication to a
single individual is sufficient publication.
GENERAL RULE: Every defamatory
imputation is presumed to be
malicious, even if it be true, if no
good intention or justifiable motive
for making it is shown.
EXCEPTIONS:
1.
A private communication made
by any person to another in the
performance of any legal, moral or social
duty; and
2.
A fair and true report, made in
good faith, without any comments or
remarks, of any judicial, legislative or
other official proceedings which are not
of confidential nature, or of any
statement, report, or speech delivered
in said proceedings or of any other act
performed by public officers in the
exercise of their functions.
IN
CIVIL LAW
Two
kinds
of
privileged
communication:
1) Absolutely privilege Those
which are not actionable even if
the author acted in bad faith.
2) Qualifiedly privilege not
actionable unless found to have
been
made
without
good
intention or justifiable motive.
B. Fraud
Elements of deceit
1) The defendant must have made
false representation to the
plaintiff
2) The representation must be one
of fact
3) The defendant must know that
the representation is false or be
reckless about whether it is false
4) The defendant must have acted
on the false representation
5) The
defendant
must
have
intended
that
the
false
representation should be acted
on
6) The plaintiff must have suffered
damage as a result of acting on
the false representation
Half-truths are likewise included; it
is actionable if the withholding of
that which is not stated makes that
which is stated absolutely false.
Misrepresentation upon a mere
matter of opinion is not an
actionable deceit.
C. Physical injuries
Battery an intentional infliction of
a harmful or offensive bodily
contact; bodily contact is offensive if
it offends a reasonable persons
sense of dignity.
Assault intentional conduct by one
person directed at another which
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
MEMORY AID
CIVIL LAW
3. Mitigating
and
Aggravating
Circumstances
Damages to be adjudicated may
either be decreased or increased
depending on the presence of
mitigating
or
aggravating
circumstances.
Effect of Death
A. DEATH AFTER FINAL JUDGMENT:
extinguishes criminal liability of the
person liable but will not extinguish
the civil liability.
IN
Effect of Pardon
Pardon does not erase civil liability.
While pardon removes the existence of
guilt so that in the eyes of the law the
offender is deemed innocent and treated
as though he never committed the
offence, it does not operate to remove
all the effects of the previous conviction.
DEFENDANTS IN TORT CASES
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
MEMORY AID
rata, they are jointly and severally liable
for the whole amount.
IN
CIVIL LAW
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
MEMORY AID
IN
CIVIL LAW
b)
2.
a.
b.
c.
Guardians
For damage caused by
minors or incapacitated persons
under their authority
living in their company
3. Owners
and
managers
of
establishments
5. State
6. Schools,
Teachers
and
Administrators
For damage caused by:
a) pupils
and
students
or
apprentices
b) in their custody
statutory basis:
if student is minor Art. 219, FC
if student is no longer a minor
Art. 2180, Civil Code
NOTES:
Applies also to teachers of
academic institutions.
Liability attaches to the teacherin-charge.
The school itself is now solidarily
liable with the teacher-incharge.
The liability extends to acts
committed even outside the
school so long as it is an official
activity of the school.
Whenever the school or teacher
is being made liable, the parents
and those exercising substitute
parental authority are not free
from liability because Art. 219 of
the Family Code expressly
provides
that
they
are
subsidiarily liable.
Art. 2180 makes teachers and
heads liable for acts of students
and apprentices whether the
latter are minors or not.
GENERAL RULE: The teacher-in-charge
is liable for the acts of his students. The
school and administrators are not liable.
EXCEPTION: It is only the head of the
school, not the teacher who is held liable
where the injury is caused in a school of
arts and trade.
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
MEMORY AID
The liability of the teacher
subsists whether the school is
academic or non- academic.
Liability is imposed only if the
pupil is already in the custody of
the teacher or head. The student
is in the custody of the school
authorities as longs as he is
under the control and influence
of the school and within its
premises whether the semester
had not yet begun or has already
ended.
The
victim of negligence is likewise
required to exercise due care in
avoiding injury to himself.
Other Persons Vicariously Liable:
1. Innkeepers and Hotelkeepers
IN
CIVIL LAW
3. Spouses
absolute community of property
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
MEMORY AID
If the acts of a third person cannot be
foreseen or prevented, then the
situation is similar to that of force
majeure and the possessor is not liable.
(Francisco, Torts and Damages)
Art. 2183 is applicable whether the
animal is domestic, domesticated, or
wild.
2. Falling objects
The head of a family that lives in a
building or a part thereof is responsible
for damages caused by things thrown or
falling from the same. (Article 2193 Civil
Code)
The term head of the family is not
limited to the owner of the building, and
it may even include the lessee thereof.
(Dingcong vs. Kanaan, 72 Phil 14)
3. Liability of employers
Article 1711 of the NCC imposes an
obligation on owners of enterprises and
other employers to pay for the death or
injuries to their employees.
Liability is strict because it exists even if
the cause is purely accidental.
If the mishap was due to the employees
own notorious negligence, or voluntary
act or drunkenness, the employer shall
not be liable for compensation.
When the employees lack of due care
contributed to his death or injury, the
compensation
shall
be
equitably
reduced.
If the death or injury is due to the
negligence of a fellow-workman the
latter and the employer shall be
solidarily liable for compensation.
If a fellow-workers intentional or
malicious act is the only cause of the
death or injury, the employer shall not
be answerable unless it should be shown
that the latter did not exercise due
diligence in the selection or supervision
of the plaintiffs fellow-worker.
4. Nuisance
Any act, omission, establishment,
business, condition of property, or
anything else which:
a.
Injures or endangers the health or
safety of others;
b. Annoys or offends the senses;
IN
CIVIL LAW
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
MEMORY AID
due to the fault or negligence of the
defendant, the latter shall be liable for
indemnity if through the act or event he
was benefited. (Art. 23 Civil Code)
IN
CIVIL LAW
DEFENSES:
A. The manufacturer, builder, producer, or
importer shall not be liable when it
evidences:
1)
That it did not place the
product on the market
2)
That although it did
place the product on the market
such product had no defect
3)
That the consumer of
third party is solely at fault. (Article
97 Consumer Act)
B. The supplier of the services shall not be
held liable when it is proven:
1)
That there is no defect in the
service rendered
2)
That the consumer of third party
is solely at fault. (Article 99 Consumer
Act)
4. Delict
Manufacturers
and
processors
of
foodstuffs, drinks, toilet articles, and
similar goods, shall be liable for death or
injuries caused by any noxious or harmful
CIVIL LAW COMMITTEE
1.
2.
3.
4.
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
MEMORY AID
1. Interference of contracts
Elements:
a.
existence of a valid contract
b.
knowledge on the part of the third
b.
person of the existence of the contract
c.
c.
interference of the third person
d.
without legal justification.
regarded as unfair.
Extent of Liability:
A. Rule in Daywalt vs. La Corporation
39PHIL587
Defendant cannot be held liable for
more than the amount for which the
contracting party who was induced
to break the contract can be held
II.
liable.
B. Rule under Article 2201 and 2202 Civil
Code
1) If in bad faith: defendant is liable for
all
natural
and
probable
consequences of his act or omission,
whether the same is forseen or
unforeseen.
2) If in good faith: defandant is liable
only for consequences that can be
foreseen.
2. Interference
with
prospective
advantage
IN
CIVIL LAW
CASES INCLUDED:
a.
passing off and disparagement of
products
interference
misappropriation
monopolies and predatory pricing
Securities Related Torts
Kinds
Fraudulent Transactions
Misstatements
or
Omission
of
statement of a material fact
required to be stated
Defendants are free from liability if they
can prove that at the time of the
acquisition the plaintiff knew of the
untrue statement or if he was aware of
the falsity.
Extent of Damages:
Not exceeding
triple the amount of the transaction.
Prescriptive Period: Action must be
brought within 2 years after discovery of
facts constituting the cause of action and
within 5 yrs after such cause of action
accrued.
DAMAGES
DAMAGE
The detriment, injury or loss which are
occasioned by reason of fault of another
in the property or person.
DAMAGES
The
pecuniary
compensation,
recompense or satisfaction for an injury
sustained or as otherwise expressed, the
pecuniary consequences which the law
imposes for the breach of some duty or
violation of some rights.
DAMNUM ABSQUE INJURIA (Damage
Without Injury)
A person may have suffered physical hurt
or injury, but for as long as no legal
injury or wrong has been done, there is
no liability.
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
MEMORY AID
Damages
Legal
invasion of
a
legal
right
Loss, hurt
or
harm
which
results
from
the
injury
The recompense
or
compensatio
n
awarded
for
the
damage
suffered
NOTES:
A complaint
for
damages
is
Classification:
1. Dano emergente loss of what a
person already possesses
2. Lucro cessante failure to
receive as a benefit that would
have pertained to him
NOTE: The latter type includes:
1.
Loss or impairment of
earning capacity in cases of
CIVIL LAW COMMITTEE
CIVIL LAW
temporary
or
permanent
personal injury.
2.
Injury to the plaintiffs
business standing or commercial
credit.
Injury
IN
NOTE:
Life expectancy is computed as
follows:
{ 2/3 x (80-age at death) }
Net earnings is the total of the
earnings less expenses necessary for
the creation of such earnings and
less living or other incidental
expenses.
Loss of profits
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
MEMORY AID
Interests
IN
CIVIL LAW
Contributory
Negligence
Plaintiffs act or
omission occurs
before or at the
time of the act or
omission of the
defendant
B. MORAL DAMAGES
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
MEMORY AID
2. There must be a culpable act or
omission.;
3. Such act or omission is the proximate
cause of the injury;
4. The damages is predicated on the
cases cited in Art.2219.
IN
CIVIL LAW
E. LIQUIDATED DAMAGES
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)