Professional Documents
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NO, what is contemplated by law is between legal right and legal duty;
NO, only when the other relies on it; the performance was begun but stopped and the other is placed in a
worse position than he was in, before the services were started.
YES. If that duty is not done; or if done but negligently or wrongfully; and the act or omission result in
damage to the recipient of such act.
Q Does tortious liability arise from purely accidental injuries or involuntary conduct?
NO, in the face of towering emergency.
YES. Exception: where the wrong is the PROXIMATE CAUSE of the injury.
Q APPLICATION OF PROXIMATE CAUSE:
When unlawful means is employed by the doer in doing the lawful act.
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Q TORTIOUS ACTS
Necessity of malice
Necessity of Special Damage
This doctrine provides that the voluntary doer of an act is liable for his action if it causes harm to another.
Basis: On intentional doing of an act or the intentional behavior in exposing the other to abnormal risk.
DEFENSES IN TORT
Liability for damages based on fault or negligence may be CULPA CONTRACTUAL, CULPA AQUILIANA OR
CULPA CRIMINAL
1. CULPA CONTRACTUAL – There is pre-existing obligation. Negligence is incidental to the breach of contract.
But to recover moral damages, it must be shown that D acted fraudulently or in bad faith.
2. CULPA AQUILIANA - There is NO pre-existing obligation. Negligence is the source of the obligation
3. CULPA CRIMINAL – If the negligence amounts to a crime.
Note: A contractual relation does not preclude CULPA AQUILIANA or CULPA CRIMINAL Cause of Action (Far
East Bank and Trust Company vs. CA, 241 SCRA 671 1995)
1. Reasonable force to repel the invasion. (Principle of Self-Defense which extends to property rights)
Ex: Snatcher – You may run after and use reasonable force to recover the property.
2. Respect the rights of others. (Sic utere tuo ut alienum non laidas);
3. Justifiable interference by another (to avert imminent danger or threatened damage. Principle of
lesser evil)
IF GOOD FAITH:
IF BAD FAITH:
1. He loses what is built, planted or sown w/o indemnity except necessary expenses;
2. May be ordered to REMOVE or DEMOLISH and RESTORE to former condition at his own expense;
3. May be compelled to pay the price of the land and the sower to pay rent;
4. Damages for the bad faith.
PAYMENT of value of the accessory; or to RETURN the accessory regardless of destruction of the
principal thing;
Liable for damages;
Material owner may appropriate the whole thing to himself w/o paying MAKER; or Demand value of the
material plus damages
If value of the work, for ARTISTIC or SCIENTIFIC REASON is considerably more than the MATERIAL’s value.
Fruits –
Not entitled actual or pending fruits.
Reimburse the value of fruits he received
Reimburse the value of fruits the legal possessor could have received
Necessary Expenses –
Entitled to Reimbursement w/o right of RETENTION
Useful Expenses –
Not entitled to REFUND;
Forfeits IMPROVEMENTS;
NO Right of Removal;
Luxurious Expenses –
Not entitled to REFUND;
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Forfeits IMPROVEMENTS;
With Limited Right of Removal, i.e. if no removal injury and LP does not exercise his option;
Charges –
Share with the O or LP since the time of possession.
Deterioration or Loss –
Constant liability, be it by negligence or fortuitous event.
Reasonable Rentals -
Liable for Reasonable Rentals since possession;
Liable for Damage caused since possession;
Q Liability of USUFRUCTUARY
Liable for damages. The guilty party and his assigns or successors in interest cannot seek
annulment.
Liable for the price paid less the value of the thing at the time of loss;
Note here that the VENDOR is liable for his warranty.
Redhibitory defect means cannot be sufficiently determined even with expert knowledge;
If determinable but the VET did not discover it or failed to disclose due to ignorance or BF, the VET is
LIABLE.
If sale was agreed but goods’ ownership has not yet passed:
Buyer liable for DAMAGES (for labor cost and initial expenses in freight for example)
(Presumption: the leased premises or thing is in good condition. He is supposed to be in control of the leased
subject).
Liable for COMPENSATION for the Death, Illness or physical injuries sustained in performance or
arising from work;
EXCEPTIONS:
EE’s own notorious negligence;
Suicide or self-infliction of injury;
Drunkenness
Q LIABILITY OF ENGINEER/ARCHITECT FOR COLLAPSED BUILDING:
LIABILITY OF CONTRACTOR
IN QUASI-DELICT – The EE must be acting within the scope of his authority. If not, that will be an excuse to
the vicarious liability of owner or ER.
Direct and Immediate. Due Diligence Selection and Supervision of EEs no defense.
The liability is based on the damage suffered by the principal due to the A’s Withdrawal.
ELEMENTS:
(NOTE: Because of the BF of the Bailor, the bailee enjoys the right of RETENTION until he is paid the
damages).
ELEMENTS:
Ex: Valuables, personal belongings and even cars in the garage of the hotels.
EXCEPTIONS:
FORCE MAJEURE
Acts of guests, his family, or servants;
Loss arises from the character of the things brought in the hotel.
Not allowed for being contrary to law, morals and public policy.
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LECTURE ON TORTS
Q Can an OFFENDED PARTY in CRIME file an INDEPENDENT CIVIL ACTION of CULPA AQUILIANA?
Art. 33 CC
Art 2176 CC
Note: The civil liability (for damages) of the MANUFACTURER or SELLER may be based on the RPC,
if punishable under the RPC, or on the SPECIAL LAW, if punishable under that SPECIAL LAW.
Q What is this DOCTRINE OF STRICT LIABILITY under the Consumer Act in case of DEFECTIVE
PRODUCTS and SERVICES?
NO, under the DOCTRINE OF STRICT LIABILITY such privilege is absent as a matter of public policy;
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No.
2 years:
Q Are liabilities for prohibited transactions under the GBL limited to the GBL itself?
NO. Damages under Art. 2176 CC and the RPC may also be claimed by the P, w/o prejudice to the penalties
and admin sanctions against the violator provided under Sections 66 and 70 of GBL, and Sections 34-37 of
the CENTRAL BANK ACT – RA 7653,.
One of Loan. Not Deposit. A bank deposit is really a loan which creates the relationship of debtor (bank) and
creditor (depositor)
Art. 1980 CC “Fixed, Saving, and current deposits of money in banks and similar institutions shall be
governed by the provisions concerning simple loan.”
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“Highest Degree of Care.” Because of the FIDUCIARY NATURE of relationship between B and D and banking
business is imbued with PUBLIC INTEREST.
No. Only its DOTA. Corporation is by fiction of law so no criminal intent can be ascribed.
CODE OF COMMERCE
(BP 68 – May 1, 1980)
(Law that governs private corporations)
Ship Agents for acts of Captain in vigilance over goods (To excuse: Abandon the ship with the
implements)
Defense of SO/SA: Captain acted beyond his authority unless such action redounded to the benefit of
the Vessel.
Q- Liabilities of Captain:
It is a contract whereby the SO/A leases a portion or whole of a vessel for the transport of goods or persons
from one port to another.
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Charter party – it is a contract by virtue of which the owner or the agent of the vessel leases for a certain
price the whole or portion of the vessel for the transportation of goods or persons from one port to another.
1. Over-capacity;
2. Substitution of Vessel
3. Extra-loading of non-charterer’s cargo despite whole charter party
4. Delay in putting to sea the chartered vessel.
5. Charterer’s loading of cargo other than the stated cargo in the CP;
6. Loading of goods for purpose of Illicit Commerce.
7. Pre-arrival unloading of goods by Charterer unless under FORCE MAJEURE situation.
o Captain obliged to unload cargo upon arrival and to release to holder of the BL or consignee upon
presentment of the BL.
o Shipper liable for storage if cargo not claimed within designated period.
o If the fault is indeterminable like under fortuitous event, each vessel bears her own damage.
Q- What is SHIPWRECK?
Q- ILLEGAL RECRUITMENT
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YES.
unfair competition,
false designation of origin;
false description of products or representation
a) Imminent danger of serious harm from other persons by reason of the accident;
b) Reporting incident to nearest Law Enforcer;
c) Calling Doctor or Nurse;
Q- WAREHOUSEMAN’S LIAIBLITY
a) Duty to Society
b) Duty to Legal Profession
c) Duty to Courts
d) Duty to Clients
Note: Any breach of this responsibility shall be cause for prosecution, if the act amounts to a crime, for
action for damages, and for disbarment.
Q- Are Parents liable for the Torts committed by their children below 21 years old?
Failure of the entrustee to turn over the goods to the entrustor not sold or to turn over the proceeds of the
goods not sold upon demand.
The ENTRUSTEE assumes risk of loss of goods received in trust. (Note even fortuitous event cannot exempt
him from such liability)
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o Aggrieved party may sue on the bond to recover the damage suffered by him due to the
negligence of the Warehouseman.
Undue exercise of authority or abuse of power, or moral ascendancy over the victim who is placed
under such authority or power;
Sexual favor is demanded or requested by the abuser
1. Employer
2. Employee
3. Manager
4. Supervisor
5. Agent of Employer
6. Teacher,
7. Instructor
8. Professor
9. Coach
10. Trainor
11. Any other person
Note: Common element = exercising authority / influence / moral ascendancy over victim.
DAMAGES
Q Concept of Damages
General
Civil Code
If there are special provisions on damages elsewhere in the CC, they govern;
Provisions on damages under special laws – suppletory only – must not conflict with 2195-2235 CC.
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3. Pain & Suffering – Intangible Losses, Emotional Distress & Consciousness of Loss
“The fact that the damages suffered cannot be calculated with absolute exactness or mathematical accuracy
is not a bar to recovery”
1. Actual or Compensatory
2. Moral
3. Nominal
4. Temperate or Moderate
5. Liquidated
6. Exemplary/Corrective
1. Actual Damages need to be specifically PLEADED in the complaint and PROVED in trial.
2. AD Award may be executed pending appeal.
3. Purpose of Award for AD is to make good or to replace the loss caused by wrong.
4. Interest may be recovered in sum of money cases.
5. An injured passenger cannot recover for services gratuitously rendered or for medical services not
suited to his injury.
6. Plaintiff who did not appeal from a judgment giving him lesser award cannot be granted higher
award than what has become final.
7. The victim’s mother receiving an amount from insurance does not affect award of AD.
for QD, the CONTRIBUTORY NEGLIGENCE of P reduces the recoverable damages. (Art. 2214)
Q Does the injured party have the duty to exercise DUE DILIGENCE to MINIMIZE the damage?
Yes, under Article 2203. But the Defendant must prove that the damage could have been mitigated or that
the amount thereof reduced.
“Injured victims have responsibility to act reasonably to limit or mitigate losses incurred.”
(“The plaintiff gets only a single recovery, providing compensation for past and future losses.”)
– Loss of earning capacity. (Discounting awards to present value)
Q What are the usual damages that may be recovered from CRIME resulting in death?
Reason for no recovery vs. D is because the INSURER is subrogated to P’s rights.
General Rule:
1. Exemplary Damages
2. P is Compelled to Litigate
3. Malicious Prosecution vs. P
4. Unfounded Civil Action vs. P
5. Gross & Evident BF to satisfy valid claim of P
6. Action for Legal Support
7. Recovery of Wages of workers
8. Action for Indemnity under Workmen’s Compensation
9. Separate Civil Action for crimes
10. Double judicial costs are awarded
11. Court discretion
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Please read Eastern Shipping lines, Inc. vs. CA, 234 SCRA 78, (1994) or 53 SCAD 207.
1. P’s contravention of C
2. P’s partial benefit from C
3. In exemplary damages where P acted on Counsel’s advice
4. Loss will happen as a matter of course
5. D does best to lessen P’s loss or injury
Liquidated Damages – must be stipulated otherwise even COURT has no power to award it.
MENT– subject to Judicial Discretion. No pecuniary proof is necessary but facts supporting such claim
must be shown.
1. Physical Suffering
2. Mental Anguish
3. Fright
4. Serious Anxiety
5. Besmirched Reputation
6. Wounded Feelings.
7. Moral Shock
8. Social Humiliation
9. and Similar Injury
Not capable of pecuniary computation but RECOVERABLE if PROXIMATE RESULT of wrongful act or omission.
Because these kinds of damages are uncertain until there is finality of the
case.
No, because it has no nervous system – “no feelings, no emotions, no senses”. (ABS-CBN vs. CA 301
SCRA 572, [1999]
The vindication or recognition of a right that has been violated but not an indemnification of any loss.
Even if the violation is simply technical, the award of ND is still proper.
The award precludes the award of ATM. (LRTA vs. Navidad, 397 SCRA 75 [2003])
There is PECUNIARY LOSS but its amount cannot be proved with certainty by nature of the case.
(Art. 2224)
Priorly agreed by parties in a contract to the effect that any breach thereof gives rise to entitlement.
May be reduced by the court if found to be INIQUITOUS or UNCONSCIONABLE.
Attorney’s fees not stipulated are treated as AD but if priorly stipulated regarded as LIQUIDATED
DAMAGES.
Imposed by way of example or correction for the public good in addition to ATML