Torts Reviewer Part 2 1

I. Nuisance
a. Definition- class of wrongs which arises from the unreasonable, unwarrantable or unlawful use by a person of his own
property and provides such material annoyance, inconvenience, discomfort, or hurt that the law will presume a
consequential damage. Under Article 694, a nuisance is anything that:
i. Injures, endangers the health and safety of others;
ii. Annoys or offends the senses; or
iii. Shocks, defies, disregards decency or morality
iv. Obstructs or interferes with the free passage of any public highway or street or any body of water
v. Hinders or impairs the use or property
b. Classification of nuisances
i. Approved classifications
1. Nuisance per se as those that are denounced by law
2. Those that by their nature are not nuisances but may becomes so by their locality, surroundings or
the manner by which they are conducted or managed etc.
3. Those which by their nature may be nuisance but as to which they are may be honest differences of
opinion in impartial minds
ii. Other Classifications
1. Nuisances per se and nuisances per accidens
2. Temporary and permanent
3. Public and private
Art. 695. Nuisance is either public or private. A public nuisance affects a community or
neighborhood or any considerable number of persons, although the extent of the annoyance,
danger or damage upon individuals may be unequal. A private nuisance is one that is not included
in the foregoing definition.
4. Mixed or united
5. Continuing or recurrent
c. Other Provisions
Art. 696. Every successive owner or possessor of property who fails or refuses to abate a nuisance in that property
started by a former owner or possessor is liable therefor in the same manner as the one who created it.
Art. 697. The abatement of a nuisance does not preclude the right of any person injured to recover damages for its
past existence.
Art. 698. Lapse of time cannot legalize any nuisance, whether public or private.
Art. 699. The remedies against a public nuisance are:
(1) A prosecution under the Penal Code or any local ordinance: or
(2) A civil action; or
(3) Abatement, without judicial proceedings.
Art. 700. The district health officer shall take care that one or all of the remedies against a public nuisance are availed
of.
Art. 701. If a civil action is brought by reason of the maintenance of a public nuisance, such action shall be
commenced by the city or municipal mayor.
Art. 702. The district health officer shall determine whether or not abatement, without judicial proceedings, is the
best remedy against a public nuisance.
Art. 703. A private person may file an action on account of a public nuisance, if it is specially injurious to himself.
Art. 704. Any private person may abate a public nuisance which is specially injurious to him by (1) removing, or (2) if
necessary, by destroying the thing which constitutes the same, without (2a) committing a breach of the peace, or
(2b) doing unnecessary injury. But it is necessary (requisites):
(1) That demand be first made upon the owner or possessor of the property to abate the nuisance;
(2) That such demand has been rejected;
(3) That the abatement be approved by the district health officer and executed with the assistance of the local police;
and
(4) That the value of the destruction does not exceed three thousand pesos.
Art. 705. The remedies against a private nuisance are:
(1) A civil action; or
(2) Abatement, without judicial proceedings.
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Art. 706. Any person injured by a private nuisance may abate it by removing, or if necessary, by destroying the thing
which constitutes the nuisance, without committing a breach of the peace or doing unnecessary injury. However, it is
indispensable that the procedure for extrajudicial abatement of a public nuisance by a private person be followed.
Art. 707. A private person or a public official extrajudicially abating a nuisance shall be liable for damages:
(1) If he causes unnecessary injury; or
(2) If an alleged nuisance is later declared by the courts to be not a real nuisance.
d. Easement for Nuissances
Art. 682. Every building or piece of land is subject to the easement which prohibits the proprietor or possessor from
committing nuisance through noise, jarring, offensive odor, smoke, heat, dust, water, glare and other causes.
e. Liability for Nuisances may be imposed upon one who sets in motion the force which entirely caused the tortious acts,
upon one who sets in motion a force or chain of events resulting in the nuisance.

II. Human Relations

a. Definitions- the interaction or interrelation of one person to another person or persons and vice versa, in
accordance with mores, habits, customs, and public policy not contrary to law
b. Articles 19 to 36
Art. 19. Every person must, in the exercise of his rights and in the performance of his duties, act with justice, give
everyone his due, and observe honesty and good faith.
Article 19. Abuse of rights
i. Elements of abuse of rights
1. The existence of legal rights or duty
2. Exercised in bad faith
3. For sole intent of injuring or prejudicing another
ii. Exercise of rights (limitations)
1. Intrinsic limitations- Those arising from the nature of the law
2. Extrinsic limitations
a. Arising from third persons who act in good faith
b. Arising from concurrence or conflict with another
iii. Test of Abuse or rights- when the objective of the actor is illegitimate, the illicit act cannot be concealed
under the guise of exercising of a right

Art. 20. Every person who, contrary to law, wilfully or negligently causes damage to another, shall indemnify the
latter for the same.
Art. 21. Any person who wilfully causes loss or injury to another in a manner that is contrary to morals, good customs
or public policy shall compensate the latter for the damage.
1. Liability without violation of law- even in not prohibited by law, can be held liable.
2. Loss or injury- suffered by injured party may refer to any determinate right or property whether material or
otherwise
3. Willfully done
When damage recoverable in promise to marry
1. when accompanied by tortious act
2. when accompanied by quasi-contract such as when there is money or property given
3. when it constitutes an abuse of right

Art. 22. Every person who through an act of performance by another, or any other means, acquires or comes into
possession of something at the expense of the latter without just or legal ground, shall return the same to him.
Requisites of accion in rem verso (action for recovery of what has been paid without just cause)
1. one party must have been enriched and the other made poorer
2. there must be causal relation between the two
3. the enrichment must not be justifiable
4. there must be no other way to recover
5. the indemnity shall not exceed the loss of enrichment, whichever is less
Art. 23. Even when an act or event causing damage to another's property was not due to the fault or negligence of
the defendant, the latter shall be liable for indemnity if through the act or event he was benefited.
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Art. 24. In all contractual, property or other relations, when one of the parties is at a disadvantage on account of his
moral dependence, ignorance, indigence, mental weakness, tender age or other handicap, the courts must be vigilant
for his protection.
Art. 25. Thoughtless extravagance in expenses for pleasure or display during a period of acute public want or
emergency may be stopped by order of the courts at the instance of any government or private charitable institution.
Persons can file an action under this article:
1. any government agency
2. any private charitable institution

Right to abuse ones property is subject to limitation of not damaging or prejudicing the properties or rights of others

Art. 26. 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 for damages, prevention and other relief:
(1) Prying into the privacy of another's residence:
(2) Meddling with or disturbing the private life or family relations of another;
(3) Intriguing to cause another to be alienated from his friends;
(4) Vexing or humiliating another on account of his religious beliefs, lowly station in life, place of birth, physical
defect, or other personal condition.
Art. 27. Any person suffering material or moral loss because a public servant or employee refuses or neglects,
without just cause, to perform his official duty may file an action for damages and other relief against he latter,
without prejudice to any disciplinary administrative action that may be taken.
Requisites for action:
1. defendant is public official charged with the performance of official dutieths
2. there is violation of official duty in favor of an individual
3. there must be willfulness or negligence in the violation of said duty
4. there must be an injury to an individual

Instances when there is no liability

1. Impossibility of performance
2. Contributory negligence of plaintiff
3. Ministerial officer is vested with no discretion and the law places upon him the imperative duty of obeying the
superior

Art. 28. Unfair competition in agricultural, commercial or industrial enterprises or in labor through the use of force,
intimidation, deceit, machination or any other unjust, oppressive or highhanded method shall give rise to a right of
action by the person who thereby suffers damage.
Unfair competition- covers only acts characterized by deception or any other means contrary to good faith in passing
off of goods and services as those of another who has established goodwill in relation, with those goods and services .
or any other act calculated to produce the same result.

Tests to determine whether falling under the IP Code

1. determine whether it falls under intellectual property
2. determine whether it falls under the concept of unfair competition of the IP Code

Unfair competition does not apply to education

Art. 29. When the accused in a criminal prosecution is acquitted on the ground that his guilt has not been proved
beyond reasonable doubt, a civil action for damages for the same act or omission may be instituted. Such action
requires only a preponderance of evidence. Upon motion of the defendant, the court may require the plaintiff to file
a bond to answer for damages in case the complaint should be found to be malicious.
If in a criminal case the judgment of acquittal is based upon reasonable doubt, the court shall so declare. In the
absence of any declaration to that effect, it may be inferred from the text of the decision whether or not the acquittal
is due to that ground.
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Art. 30. When a separate civil action is brought to demand civil liability arising from a criminal offense, and no
criminal proceedings are instituted during the pendency of the civil case, a preponderance of evidence shall likewise
be sufficient to prove the act complained of.
Art. 31. When the civil action is based on an obligation not arising from the act or omission complained of as a felony,
such civil action may proceed independently of the criminal proceedings and regardless of the result of the latter.
Art. 32. Any public officer or employee, or any private individual, who directly or indirectly obstructs, defeats,
violates or in any manner impedes or impairs any of the following rights and liberties of another person shall be
liable to the latter for damages:
(1) Freedom of religion;
(2) Freedom of speech;
(3) Freedom to write for the press or to maintain a periodical publication;
(4) Freedom from arbitrary or illegal detention;
(5) Freedom of suffrage;
(6) The right against deprivation of property without due process of law;
(7) The right to a just compensation when private property is taken for public use;
(8) The right to the equal protection of the laws;
(9) The right to be secure in one's person, house, papers, and effects against unreasonable searches and seizures;
(10) The liberty of abode and of changing the same;
(11) The privacy of communication and correspondence;
(12) The right to become a member of associations or societies for purposes not contrary to law;
(13) The right to take part in a peaceable assembly to petition the government for redress of grievances;
(14) The right to be free from involuntary servitude in any form;
(15) The right of the accused against excessive bail;
(16) The right of the accused to be heard by himself and counsel, to be informed of the nature and cause of the
accusation against him, to have a speedy and public trial, to meet the witnesses face to face, and to have compulsory
process to secure the attendance of witness in his behalf;
(17) Freedom from being compelled to be a witness against one's self, or from being forced to confess guilt, or from
being induced by a promise of immunity or reward to make such confession, except when the person confessing
becomes a State witness;
(18) Freedom from excessive fines, or cruel and unusual punishment, unless the same is imposed or inflicted in
accordance with a statute which has not been judicially declared unconstitutional; and
(19) Freedom of access to the courts.
In any of the cases referred to in this article, whether or not the defendant's act or omission constitutes a criminal
offense, the aggrieved party has a right to commence an entirely separate and distinct civil action for damages, and
for other relief. Such civil action shall proceed independently of any criminal prosecution (if the latter be instituted),
and mat be proved by a preponderance of evidence.
The indemnity shall include moral damages. Exemplary damages may also be adjudicated.
The responsibility herein set forth is not demandable from a judge unless his act or omission constitutes a violation
of the Penal Code or other penal statute.
Reasons for allowing independent civil action
1. Individual may be left with no other redress if the Fiscal is afraid to file the case against the public official
2. Requirement of proof beyond reasonable doubt harder to comply with
3. Many unconstitutional acts are not yet made crimes.

Art. 33. In cases of defamation, fraud, and physical injuries a civil action for damages, entirely separate and distinct
from the criminal action, may be brought by the injured party. Such civil action shall proceed independently of the
criminal prosecution, and shall require only a preponderance of evidence.
Art. 34. 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 liable for damages, and the city or
municipality shall be subsidiarily responsible therefor. The civil action herein recognized shall be independent of any
criminal proceedings, and a preponderance of evidence shall suffice to support such action.
Art. 35. When a person, claiming to be injured by a criminal offense, charges another with the same, for which no
independent civil action is granted in this Code or any special law, but the justice of the peace finds no reasonable
grounds to believe that a crime has been committed, or the prosecuting attorney refuses or fails to institute criminal
proceedings, the complaint may bring a civil action for damages against the alleged offender. Such civil action may
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be supported by a preponderance of evidence. Upon the defendant's motion, the court may require the plaintiff to
file a bond to indemnify the defendant in case the complaint should be found to be malicious.
If during the pendency of the civil action, an information should be presented by the prosecuting attorney, the civil
action shall be suspended until the termination of the criminal proceedings.
Art. 36. Pre-judicial questions which must be decided before any criminal prosecution may be instituted or may
proceed, shall be governed by rules of court which the Supreme Court shall promulgate and which shall not be in
conflict with the provisions of this Code.
Prejudicial question:
1. One that precedes a criminal action
2. Having the intimately similar facts upon which the criminal action is based
3. Which requires a decision
4. Before final judgment is rendered on the principal question

III. Damages- the sum of money which the law gives or imposes as pecuniary compensation, recompense or satisfaction for
an injury done or wrong sustained as a consequence either of a breach of a contractual obligation or a tortious act.
a. Notes:
i. Costs are awarded as damages only where the circumstances of the particular case withdraw it from the
general rule.
ii. The fundamental principle or theory on which damages are based is just compensation or indemnity for
the loss or injury sustained when the action is in contract or in tort.
iii. The purpose of the law in awarding damages is to repair the wrong that has been done or to compensate
for the injury inflicted, but not to impose a penalty
b. Damages generally recoverable
i. Ordinary Damages- those that can be recovered for ordinary breach of contract
ii. Special Kinds of Damages
1. Moral
Art. 2217. Moral damages include physical suffering, mental anguish, fright, serious anxiety,
besmirched reputation, wounded feelings, moral shock, social humiliation, and similar injury.
Though incapable of pecuniary computation, moral damages may be recovered if they are the
proximate result of the defendant's wrongful act for omission.
- may be awarded in breaches of contract where defendant acted fraudulently or in bad faith.
- In contract of air carriage, may be recovered where: 1) mishap results in the death of the
passenger, 2) where carrier is guilty of fraud of bad faith, 3) carriers gross negligence as to
amount to bad faith
- Burden of proof: it is essential that the factual basis for the award for such be proven
- Basis for awarding: 1) Wrongful act, fraud or bad faith, 2) Willful loss or injury to another
- Requisites for awarding: 1) There must be physical suffering, mental anguish, fright etc; 2) the
suffering must be the proximate result of the wrongful act; 3) There must be clear testimony of
anguish
- When recoverable: 1) A Criminal offense resulting in injuries, 2) Quasi-delict resulting in injuries,
3) seduction, abduction rape or other lascivious acts, 4) to 6) Adultery, concubinage, illegal or
arbitrary detention or illegal search and arrest, 7) libel, slander and defamation, 8) malicious
prosecution may serve as basis for award (elements that must concur: a) defendant himself was
the prosecutor or instigated the proceedings, terminating with the plaintiffs acquittal, b)
defendant in brining the case acted without probable cause, c) defendant was actuated with legal
malice), 9) Acts mentioned in Art. 309 as when there is disrespect to the dead or wrongful
interfering with a funeral, 10) Articles 21, 26 to 30, 32, 34, 11) Under Art. 2220, Willful injury to
property may be a legal ground for awarding moral damages if the court should find that, under
the circumstances, such damages are justly due. The same rule applies to breaches of contract
where the defendant acted fraudulently or in bad faith.
- Juridical person generally not entitled to moral damages, except when it has a good reputation
that has been debased, resulting in social humiliation.

2. Exemplary- those interposed as a way of punishment, and are given for that purpose in addition
to compensation for loss sustained. Imposed by way of correction for the public good (2229).
a. Requirements for award
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i. Imposed by way of example in addition to compensatory damages, and only
after claimants right to them has been established.
ii. They cannot be recovered as a manner of right, the determination depending
on the amount of compensatory damages that may be awarded to the
claimants.
iii. The act must be accompanied by bad faith or in a wanton, fraudulent,
oppressive or malevolent manner.
b. When awarded
i. In criminal cases, when the crime was committed with one or more aggravating
circumstances, it is distinct from fine.
ii. In quasi-delicts, if defendant acted in gross negligence
iii. In contracts and quasi-contracts, when the defendant acted in a wanton,
fraudulent, oppressive or malevolent manner
iv. In unfair competition cases, it may be awarded commensurate with the actual
injury or loss suffered

3. Nominal- recoverable where a legal right is to be vindicated against an invasion that has produced
no actual present loss of any kind or where from the nature of the case , some injury has been
done the amount of which the proofs fail to show. It is given in recognition of a technical injury.
Art. 2221. Nominal damages are adjudicated 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 suffered by him.
Art. 2222. The court may award nominal damages in every obligation arising from any source
enumerated in Article 1157, or in every case where any property right has been invaded.
Art. 2223. The adjudication of nominal damages shall preclude further contest upon the right
involved and all accessory questions, as between the parties to the suit, or their respective
heirs and assigns.

a. Recoverable
i. when there has been a breach of legal duty
ii. or the invasion of a legal right.
b. Not recoverable when:
i. When there is award of actual, moral temperate or moral damages
ii. When there is an excusable breach of contract
iii. Action based on negligence but was unable to prove the actual damages
iv. No unlawful intent or disturbance in the right or possession is shown and where
all possible damages are expressly disproved
v. In actions to recover damages for ordinary negligence where damages are an
element of the cause of action and the plaintiff failed to prove the same.
4. Temperate or Moderate- those which are more than nominal but less than actual damages. There
was some pecuniary loss but was unable to prove with certainty the amount thereof from the
nature of the case (2224).

5. Actual or Compensatory- are such compensation or damages for an injury and will put the injured
party in the position which it was before the injury took place.
a. When recoverable
i. For loss or impairment of earning capacity in case of temporary or permanent
personal injury
ii. For injury to plaintiffs business standing or commercial credit
b. The following must concur for it to be awarded
i. There is a necessity of pleading (must be pleaded)
ii. There is necessity of proof
1. Exceptions to such are: 1) liquidated damages previously agreed upon
(Art. 2216), 2) In case of damages other than actual (ibid), 3) In case
loss is presumed, 4) In case of forfeiture of bonds for the purpose of
promoting public interest or policy
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c. Kinds of Actual or compensatory damages
i. Losses Suffered (amno vitando or dano emergente)
ii. Unrealized profits (lucro captande, or lucro cessante, or lucrom cessan)
d. Extent recoverable
i. In contracts and quasi-contracts
1. Obligor in good faith- natural and probable consequences of the
breach of the obligation
2. Obligor in bad faith, fraud, malice or wanton attitude- all damages
which may be reasonably attributed to the non-performance of the
obligation
ii. In crimes and quasi-delicts- defendant liable for all the damages which are the
natural and probable consequences of the acts complaint of (in crimes may be
affected by mitigating and aggravating circumstances)
e. Article 2206 (increased to P50,000)
Art. 2206. The amount of damages for death caused by a crime or quasi-delict shall be
at least three thousand pesos, even though there may have been mitigating
circumstances. In addition:
(1) The defendant shall be liable for the 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 Article
291, the recipient who is not an heir called to the decedent's inheritance 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 exact duration to be fixed by the
court;
(3) The spouse, legitimate and illegitimate descendants and ascendants of the
deceased may demand moral damages for mental anguish by reason of the death of
the deceased.
f. Civil Liability in case of death (may be awarded)- in murder and homicide, P50,000
automatically awarded
i. Civil indemnity ex delicto for the death of the victim
ii. Actual or compensatory damages
iii. Moral damages
iv. Exemplary damages
v. Temperate damages
g. Attorneys fees
Art. 2208. In the absence of stipulation, attorney's fees and expenses of litigation,
other than judicial costs, cannot be recovered, except:
(1) When exemplary damages are awarded;
(2) When the defendant's act or omission has compelled the plaintiff to litigate with
third persons or to incur expenses to protect his interest;
(3) In criminal cases of malicious prosecution against the plaintiff;
(4) In case of a clearly unfounded civil action or proceeding against the plaintiff;
(5) Where the defendant acted in gross and evident bad faith in refusing to satisfy the
plaintiff's plainly valid, just and demandable claim;
(6) In actions for legal support;
(7) In actions for the recovery of wages of household helpers, laborers and skilled
workers;
(8) In actions for indemnity under workmen's compensation and employer's liability
laws;
(9) In a separate civil action to recover civil liability arising from a crime;
(10) When at least double judicial costs are awarded;
(11) In any other case where the court deems it just and equitable that attorney's fees
and expenses of litigation should be recovered.
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h. Formula for Net Earning Capacity
Net Earning Capacity= (Life Expectancy)(Gross Annual Income Gross Annual Expenses)
Life Expectancy= (2/3)(80 Age of the deceased)
Gross Annual Income= Monthly Income x 12 months
i. Article 2214
Art. 2215. In contracts, quasi-contracts, and quasi-delicts, the court may equitably
mitigate the damages under circumstances other than the case referred to in the
preceding article, as in the following instances:
(1) That the plaintiff himself has contravened the terms of the contract;
(2) That the plaintiff has derived some benefit as a result of the contract;
(3) In cases where exemplary damages are to be awarded, that the defendant acted
upon the advice of counsel;
(4) That the loss would have resulted in any event;
(5) That since the filing of the action, the defendant has done his best to lessen the
plaintiff's loss or injury.

6. Liquidated- damages that are agreed upon by the parties in case of breach of contract (2226)