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Torts and Damages - Printable
Torts and Damages - Printable
Civil Law
SUMMER REVIEWER
—Adviser: Dean Cynthia del Castillo Head: Joy Ponsaran, Eleanor Mateo; Understudy: Joy Tajan, John Paul Lim;
Subject Head: Jomi Legaspi;
Civil Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
can still be subsidiarily liable with his property CHAPTER 3: WHAT MUST BE PROVED
(Art. 100 RPC)
• Absence of negligence of the child may not 1. NEGLIGENCE - plaintiff must prove negligence
excuse the parents from their vicarious liability of defendant
under Art. 2180 NCC or Art. 221 FC. Exceptions:
a. In cases where negligence is presumed or
2. PHYSICAL DISABILITY imputed by law - this is only
rebuttable/presumption juris tantum
• GENERAL RULE: a weak or accident prone b. Principle of res ipsa loquitur (the thing
person must come up to the standard of a speaks for itself) - grounded on the difficulty
reasonable man, otherwise, he will be considered in proving thru competent evidence, public
as negligent policy considerations
• Exception: If the defect amounts to a real
disability, the standard of conduct is that of a 2. DAMAGE / INJURY
reasonable person under like disability.
3. CAUSAL CONNECTION BETWEEN
3. EXPERTS AND PROFESSIONALS NEGLIGENCE AND DAMAGE – Defendant’s
negligence must be the proximate cause of the
injury sustained by the plaintiff to enable plaintiff
Fernando v. CA – They should exhibit the
to recover. Thus, if plaintiff’s own conduct is the
case and skill of one who is ordinarily skilled
cause of the injury there can be no recovery.
in the particular field that he is in; The rule
regarding experts is applicable not only to
• NOTE: If plaintiff's negligence is only
professionals who have undergone formal
contributory, he is considered partly
education
responsible only. Plaintiff may still recover
from defendant but the award may be
4. NATURE OF ACTIVITY reduced by the courts in proportion to his
own negligence
• There are activities which by nature impose
duties to exercise a higher degree of diligence Proximate Cause – the adequate and
(ex. Banks, Common Carriers) efficient cause which in the natural order of
events and under the particular
5. INTOXICATION circumstances surrounding the case, would
naturally produce the event
• GENERAL RULE:
Wright v. Manila Electric – Mere intoxication
is not negligence nor establishes want of CHAPTER 4: DEFENSES
ordinary care. But it may be considered to
prove negligence. 1. CONTRIBUTORY NEGLIGENCE - the plaintiff
was also negligent together with the defendant;
• EXCEPTION: Under Art. 2185 of the NCC it is to constitute a defense, proximate cause of
presumed that a person driving a motor vehicle injury/damage must be the negligence of
has been negligent if at the time of the mishap, defendant
he was violating any traffic regulation
2. CONCURRENT NEGLIGENCE – if both parties
6. INSANITY are equally negligent the courts will leave them
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as they are; there can be no recovery
• An insane person is exempt from liability.
However, by express provision of law, there may 3. DOCTRINE OF LAST CLEAR CHANCE - even
be civil liability even when the perpetrator is held though a person’s own acts may have placed him
to be exempt from criminal liability. The insanity in a position of peril and an injury results, the
of a person does not excuse him or his guardian injured is entitled to recover if the defendant thru
from liability based on quasi delict (Art. 2180 and the exercise of reasonable care and prudence
2182 NCC) might have avoided injurious consequences to
the plaintiff. This defense is available only in an
action by the driver or owner of one vehicle • Person exposed to the risk - A higher degree of
against the driver or owner of the other vehicle diligence is required if the person involved is a
involved. child.
REQUISITES:
a. Plaintiff was in a position of danger by his 5. DOCTRINE OF ASSUMPTION OF RISK –
own negligence Volenti non fit injuria
b. Defendant knew of such position of the
plaintiff REQUISITES:
c. Defendant had the least clear chance to a. Intentional exposure to a known danger
avoid the accident by exercise of ordinary b. One who voluntarily assumed the risk of an
care but failed to exercise such last clear injury from a known danger cannot recover in
chance and an action for negligence or an injury is
d. Accident occurred as proximate incurred
cause of such failure c. Plaintiff’s acceptance of risk (by
law/contract/nature of obligation) has erased
• Who may invoke: Plaintiff defendant’s duty so that his negligence is not
• NOTE: The doctrine is inapplicable to a legal wrong
a. Joint tortfeasors d. Applies to all known danger
b. Defendants concurrently negligent
c. As against 3rd persons 6. DUE DILIGENCE - diligence required by
law/contract/ depends on circumstances of
4. EMERGENCY RULE - "one who suddenly finds persons, places, things
himself in a place of danger, and is required to
act without time to consider the best means that 7. FORTUITOUS EVENT - no person shall be
may be adopted to avoid the impending danger, responsible for those events which cannot be
is not guilty of negligence, if he fails to adopt foreseen, or which through foreseen were
what subsequently and upon reflection may inevitable
appear to have been a better method, unless the
emergency in which he finds himself is brought REQUISITES:
about by his own negligence." a. The cause of the unforeseen and unexpected
occurrence, or of the failure of the debtor to
Valenzuela v. CA, 253 SCRA 303 – An comply with his obligation, must be
individual will nevertheless be subject to independent of the human will;
liability if the emergency was brought about b. It must be impossible to foresee the event
by his own negligence. which constitutes 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
NOTE: Applicable only to situations that are sudden obligation in a normal manner
and unexpected such as to deprive actor of all d. The obligor must be free from any
opportunity for deliberation (absence of participation in the aggravation of the injury
foreseeability); the action shall still be judged by the resulting to the creditor.
standard of the ordinary prudent man
• GENERAL RULE: Fortuitous Event is a
FACTORS TO CONSIDER: complete defense and a person is not liable if
• Gravity of the HarmQuickTime™
to be avoidedand a
the cause of the damage is a fortuitous event.
• Alternative courses ofto see
action
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• EXCEPTION: It is merely a partial defense and
presented to the actor is too costly, the harm that the courts may mitigate the damages if the loss
may result may still be considered unforeseeable would have resulted in any event [Art. 2215(4)
to a reasonable man NCC]
• Social Value and Utility of the Action - The act • NOTE: A person may still be liable for a fortuitous
which subjects an innocent person to an event if such person made an ASSUMPTION OF
unnecessary risk is a negligent act if the risk RISK.
outweighs the advantage accruing to the actor
and even to the innocent person himself.
1. TORTFEASOR - Whoever by act or omission 2. GUARDIANS - Guardians are liable for damages
causes damage to another, there being no fault caused by the minor or incapacitated persons
or negligence is obliged to pay for the damage who are:
done (art 2176). a. under their authority
b. who live in their company
NOTE: Every owner of a motor vehicle shall file with 8. HEAD OF FAMILY THAT LIVES IN A BUILDING
the proper government office a bond executed by a OR PART THEREOF
government-controlled corporation or office, to • Liable for damages caused by things thrown or
answer for damages to third persons. falling from the same
• NOTE: A doctor who performs an illegal Globe Mackay and Radio Corp v. CA –
abortion is criminally liable under Art. 259 Absence of malice signifies good faith on the part
RPC of the defendant, good faith may even be based
on mistake of law. Acquittal presupposes that a
Geluz v. CA, 2 SCRA 802 – Husband of a criminal information is filed in court and final
woman who voluntarily procured her abortion judgment rendering dismissing the case,
may recover damages from the physician nevertheless, prior acquittal may include
who cause the same on account of distress dismissal by the prosecutor after preliminary
and mental anguish attendant to the loss of investigation.
the unborn child and the disappointment of
his parental expectation.
9. PUBLIC HUMILIATION
• Such acts also constitute an offense under Art.
7. ILLEGAL DISMISSAL 359, RPC (slander by deed)
• The right of the employer to dismiss an employee
should not be confused with the manner in which
the right is exercised and the effects of flowing Patricio v. Hon. Oscar Leviste - A person can
therefrom. be held liable for damages for slapping another in
• If the dismissal was done anti-socially and public.
oppressively, the employer should be deemed to
have violated Art. 1701 of the Civil code (which
prohibits acts of oppression by either capital or Grand Union Supermarket v. Espino – a
labor against the other) and Art. 21 defendant may likewise be guilty of a tort even if
• An employer may be held liable for damages if he acted in good faith if the action has caused
the manner of dismissing is contrary to morals humiliation to another.
good customs and public policy.
the fault or negligence of the defendant, the a. That the defendant was himself the
latter shall be liable for indemnity if through the prosecutor/ he instigated its commencement
act or event he was benefited. b. That it finally terminates in his acquittal
c. That in bringing it the prosecutor acted
Art. 2142. Certain lawful, voluntary and without probable cause, and
unilateral acts give rise to the juridical relation d. That he was actuated by legal malice, that is,
of quasi-contract to the end that no one shall by improper and sinister motive
be unjustly enriched or benefited at the
expense of another. (n) 16. VIOLATION OF RIGHTS AND LIBERTIES OF
ANOTHER PERSON
11. OSTENTATIOUS DISPLAY OF WEALTH Art. 32. Any public officer or employee, or any
• Thoughtless extravagance for pleasure or display private individual, who directly or indirectly
during a period of public want or emergency obstructs, defeats, violates or in any manner
impedes or impairs any of the following rights
and liberties of another person shall be liable
12. VIOLATION OF RIGHT OF PRIVACY AND to the latter for damages:
FAMILY RELATIONS 1. Freedom of religion;
2. Freedom of speech;
• The following acts though they may not constitute 3. Freedom to write for the press or to
a criminal offense, shall produce a cause of maintain a periodical publication;
action for damages, prevention and other relief: 4. Freedom from arbitrary or illegal
a. Prying into the privacy of another's residence detention;
b. Meddling with or disturbing the private life or 5. Freedom of suffrage;
family relations of another 6. The right against deprivation of
c. Intriguing to cause another to be alienated property without due process of law;
from his friends 7. The right to a just compensation when
d. Vexing or humiliating another on account of private property is taken for public
his religious beliefs, lowly station in life. Place use;
of birth, physical defect, or other personal 8. The right to the equal protection of the
condition laws;
9. The right to be secure in one's person,
13. DERELICTION OF OFFICIAL DUTY OF PUBLIC house, papers, and effects against
OFFICERS unreasonable searches and seizures;
• May be brought by any person suffering from 10. The liberty of abode and of changing
material or moral loss because a public servant the same;
refuses or neglects, without just cause to perform 11. The privacy of communication and
his official duty (art 27). correspondence;
• REQUISITES: 12. The right to become a member of
a. defendant is a public officer charged with the associations or societies for purposes
performance of a duty in favor of the plaintiff not contrary to law;
b. he refused or neglected without just cause to 13. The right to take part in a peaceable
perform such duty (ministerial) assembly to petition the government
c. plaintiff sustained material or moral loss as for redress of grievances;
consequence of such non-performance 14. The right to be free from involuntary
d. the amount of such damages, if material servitude in any form;
15. The right of the accused against
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excessive bail;
• Unfair competition in agricultural, commercial or 16. The right of the accused to be heard
industrial enterprises or in labor through the use by himself and counsel, to be
of force, intimidation, deceit. Machination or other informed of the nature and cause of
unjust, oppressive or highhanded method (Art 28) the accusation against him, to have a
speedy and public trial, to meet the
witnesses face to face, and to have
15. MALICIOUS PROSECUTION compulsory process to secure the
• ELEMENTS attendance of witness in his behalf;
17. Freedom from being compelled to be d. Private - one that is not included in the
a witness against one's self, or from foregoing definition; affect an individual or a
being forced to confess guilt, or from limited number of individuals only
being induced by a promise of
immunity or reward to make such REMEDIES AGAINST PUBLIC NUISANCES
confession, except when the person a. Prosecution under the RPC or any local
confessing becomes a State witness; ordinance
18. Freedom from excessive fines, or b. Civil action
cruel and unusual punishment, unless c. Abatement, without judicial proceeding
the same is imposed or inflicted in
accordance with a statute which has
not been judicially declared WHO MAY AVAIL OF REMEDIES
unconstitutional; and a. Public officers
19. Freedom of access to the courts. b. Private persons - if nuisance is specially
injurious to himself; the ff. steps must be
In any of the cases referred to in this article, made:
whether or not the defendant's act or omission • Demand be first made upon owner or
constitutes a criminal offense, the aggrieved possessor of the property to abate the
party has a right to commence an entirely nuisance
separate and distinct civil action for damages, • That such demand has been rejected
and for other relief. Such civil action shall • That the abatement be approved by the
proceed independently of any criminal district health officer and executed with the
prosecution (if the latter be instituted), and mat assistance of local police
be proved by a preponderance of evidence. • That the value of destruction does not
The indemnity shall include moral damages. exceed P3,000
Exemplary damages may also be adjudicated.
The responsibility herein set forth is not
demandable from a judge unless his act or REMEDIES AGAINST PRIVATE NUISANCES
omission constitutes a violation of the Penal a. Civil action
Code or other penal statute. b. Abatement, without judicial proceedings
a. Defendant is liable for all damages that are plaintiff's plainly valid, just and demandable
natural and probable consequences of the claim;
act complained of; f. In actions for legal support;
b. Not necessary that damages have been g. In actions for the recovery of wages of
foreseen or could have been reasonably household helpers, laborers and skilled
foreseen. workers;
h. In actions for indemnity under workmen's
VALUE OF LOSS SUFFERED compensation and employer's liability laws;
• Destruction of things, fines or penalties, medical i. In a separate civil action to recover civil
& hospital bills, attorney's fees, interests, cost of liability arising from a crime;
litigation j. When at least double judicial costs are
awarded;
LOSS OF EARNING CAPACITY:
• Variables to consider are: WHEN IS ACTUAL DAMAGES MITIGATED:
a. life expectancy a. Contributory negligence
b. net income/earnings – total of the earnings b. In contracts. Quasi-contracts and quasi-delict
less expenses necessary for the creation of i. Plaintiff has contravened the terms of
such earnings and less living or other contract
incidental expenses ii. Plaintiff derived some benefit as result of
contract
Formula: iii. In case where exemplary damages are to
[2/3 x 80 – (age at the time of death)] x monthly be awarded, that the defendant acted
earnings x 12 = GROSS EARNINGS upon the advise of counsel
iv. That the loss would have resulted in any
GE - Approximate Expenses (50% of GE) = Net event
Earnings v. That since the filing of the action, the
defendant has done his best to lessen
the plaintiff's loss or injury
LOSS OF PROFITS (Lucrum Cessans)
• May be determined by considering the average DAMAGES RECOVERABLE IN CASE OF
profit for the preceding years multiplied by the DEATH:
number of years during which the business was 1. Medical & Hospital Bills
affected by the wrongful act or breach 2. Damages for death
a. Minimum amount: P50,000
ATTORNEY’S FEES b. Loss of earning capacity unless
• They are actual damages. It is due to the plaintiff deceased had permanent physical
and not to counsel disability not caused by defendant so that
• Plaintiff must allege the basis of his claim for deceased had no earning capacity at
attorney’s fees in the complaint; the basis should time of death
by one of the cases under Art. 2208 c. Support, if deceased was obliged to give
support (for period not more than 5
WHEN ARE ATTORNEY’S FEES RECOVERABLE: years)
• In the absence of stipulation, attorney's fees and d. Moral damages
expenses of litigation, other than judicial costs,
cannot be recovered, except:
a. When exemplary damages are awarded; 2. MORAL DAMAGES
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persons or to incur expenses to protect his a. Physical suffering
interest; b. Besmirched reputation
c. In criminal cases of malicious prosecution c. Mental anguish
against the plaintiff; d. Fright
d. In case of a clearly unfounded civil action or e. Moral shock
proceeding against the plaintiff; f. Wounded feelings
e. Where the defendant acted in gross and g. Social humiliation
evident bad faith in refusing to satisfy the h. Serious anxiety
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