ATENEO CENTRAL BAR OPERATIONS 2007 Civil Law SUMMER REVIEWER

TORTS AND DAMAGES CHAPTER 1: CONCEPT OF TORTS Art. 2176. Whoever by act or omission causes damage to another, there being fault or negligence, is obliged to pay for the damage done. Such fault or negligence, if there is no preexisting contractual relation between the parties, is called a quasi-delict and is governed by the provisions of this Chapter. (1902a) ELEMENTS OF QUASI DELICT/TORTS: 1. Act or omission 2. Damage or injury is caused to another 3. Fault or negligence is present 4. There is no pre-existing contractual relations between the parties 5. Causal connection between damage done and act/omission NEGLIGENCE The omission of that degree of diligence which is required by the nature of the obligation and corresponding to the circumstances of the persons, time and place. (Art. 1173, NCC) KINDS OF NEGLIGENCE 1. Quasi delict (Art. 2176 NCC) 2. Criminal negligence (Art. 356 RPC) 3. Contractual negligence (NCC provisions on contracts particularly Arts. 1170 to 1174) DISTINGUISHED FROM OTHER SOURCES OF OBLIGATION: QUASI DELICT Negligent act/ omission (culpa, imprudence) Preponderance Preponderance of evidence of evidence Exercise of Exercise of QuickTime and a TIFF (Uncompressed) decompressor extraordinary diligence of are needed to see this picture. diligence (in good father of a contract of family in the carriage), Force selection and Majeure supervision of employees CONTRACT Contract Preexisting contract Burden of proof CONTRACT There is a preexisting contract Contractual party. Prove the ff.: 1. existence of a contract 2. breach QUASI DELICT No pre-existing contract Victim. Prove the ff.: damage 1. negligence 2. causal connection between negligence and damage done DELICT Act / omission committed by means of dolo (deliberate, malicious, in bad faith) Proof beyond reasonable doubt

Vinculum Juris

CONTRACT Contract

Proof Needed Defense available

Preexisting contract Burden of proof

Preponderance of evidence Exercise of extraordinary diligence (in contract of carriage), Force Majeure There is a preexisting contract Contractual party. Prove the ff.: 1. existence of a contract 2. breach

No pre-existing contract Prosecution. Accused is presumed innocent until the contrary is proved.

Vinculum Juris Proof Needed Defense available

CIVIL LIABILITY IN QUASI-DELICT VS. DELICT QUASI DELICT Solidary Civil aspect of the quasi-delict is impliedly instituted with criminal action, DELICT Subsidiary Civil aspect is Impliedly instituted with criminal action

Liability of Employer Reservation Requirement

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

but under 2000 Crimpro Rules it is independent and separate Not a bar to recover civil damages EXCEPT when judgment pronounces that the negligence from which damage arise is non-existent GOOD FATHER OF A FAMILY (pater familias) The only standard of conduct used in the Philippines (Art. 1173 NCC) A reasonable man is deemed to have knowledge of the facts that a man should be expected to know based on ordinary human experience. Corliss v. Manila Railroad The law presumes or requires a man to possess ordinary capacity to avoid harming his neighbors unless a clear and manifest incapacity is shown and the law does not hold him liable for unintentional injury unless, possessing such capacity, he might and ought to have foreseen the danger.

Effect of judgment of acquittal in a criminal case involving same act/omission

Not a bar to recover civil damages

NOTE: It is an existing doctrine that the failure of the court to make any pronouncement, favorable or unfavorable, as to the civil liability of the accused amounts to a reservation of the right to have the civil liability litigated and determined in a separate action. The rules nowhere provide that if the court fails to determine the civil liability it becomes no longer enforceable Castillo v. CA, 176 SCRA 591 A quasidelict or culpa aquiliana is a separate legal institution under the Civil Code with a substantivity all its own, and individuality that is entirely apart and independent from a delict or crime a distinction exists between the civil liability arising from a crime and the responsibility for quasi-delicts or culpa extracontractual.

Corliss v. Manila Railroad The law works only within the sphere of the senses. Moral consideration are not normally accorded great weight.The knowledge and experience of the actor is also considered in determining whether he observed due diligence.

CHAPTER 2: SPECIAL RULES 1. CHILDREN The action of the child will not necessarily be judged according to the standard of an adult. But if the minor is mature enough to understand and appreciate the nature and consequences of his actions, he will be considered negligent if he fails to exercise due care and precaution in the commission of such acts. Taylor v. Meralco, 16 Phil 8 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 consequences of his acts

TESTS OF NEGLIGENCE Did the defendant in doing the alleged negligent act use the reasonable care and caution which an ordinary prudent person would have used in the same situation? If not, then he is guilty of negligence Could a prudent man, in the case under consideration, foresee harm as a result of the course pursued? QuickTime and a TIFF (Uncompressed) decompressor If so, it as the duty the actor to take are needed to seeof this picture. precautions to guard against harm CIRCUMSTANCES TO CONSIDER Time Place Personal circumstances of the Actors

NOTE: Applying the provisions of the RPC, Judge Sangco takes the view that a child who is 9 or below is conclusively presumed to be incapable of negligence. On the other hand, if the child is above 9 years but below 15, there is a disputable presumption of absence or negligence. Absence of negligence does not necessarily mean absence of liability. A child under 9 years
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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. CHAPTER 3: WHAT MUST BE PROVED 1. NEGLIGENCE - plaintiff must prove negligence of defendant Exceptions: a. In cases where negligence is presumed or imputed by law this is only rebuttable/presumption juris tantum b. Principle of res ipsa loquitur (the thing speaks for itself) - grounded on the difficulty in proving thru competent evidence, public policy considerations 2. DAMAGE / INJURY 3. CAUSAL CONNECTION BETWEEN NEGLIGENCE AND DAMAGE Defendants negligence must be the proximate cause of the injury sustained by the plaintiff to enable plaintiff to recover. Thus, if plaintiffs own conduct is the cause of the injury there can be no recovery. NOTE: If plaintiff's negligence is only contributory, he is considered partly responsible only. Plaintiff may still recover from defendant but the award may be reduced by the courts in proportion to his own negligence Proximate Cause the adequate and efficient cause which in the natural order of events and under the particular circumstances surrounding the case, would naturally produce the event

2. PHYSICAL DISABILITY GENERAL RULE: a weak or accident prone person must come up to the standard of a reasonable man, otherwise, he will be considered as negligent Exception: If the defect amounts to a real disability, the standard of conduct is that of a reasonable person under like disability.

3. EXPERTS AND PROFESSIONALS Fernando v. CA They should exhibit the case and skill of one who is ordinarily skilled in the particular field that he is in; The rule regarding experts is applicable not only to professionals who have undergone formal education 4. NATURE OF ACTIVITY There are activities which by nature impose duties to exercise a higher degree of diligence (ex. Banks, Common Carriers)

5. INTOXICATION GENERAL RULE: Wright v. Manila Electric Mere intoxication is not negligence nor establishes want of ordinary care. But it may be considered to prove negligence. EXCEPTION: Under Art. 2185 of the NCC it is presumed that a person driving a motor vehicle has been negligent if at the time of the mishap, he was violating any traffic regulation
QuickTime and a TIFF (Uncompressed) decompressor are needed to see this picture.

CHAPTER 4: DEFENSES 1. CONTRIBUTORY NEGLIGENCE - the plaintiff was also negligent together with the defendant; to constitute a defense, proximate cause of injury/damage must be the negligence of defendant 2. CONCURRENT NEGLIGENCE if both parties are equally negligent the courts will leave them as they are; there can be no recovery 3. DOCTRINE OF LAST CLEAR CHANCE - even though a persons own acts may have placed him in a position of peril and an injury results, the injured is entitled to recover if the defendant thru the exercise of reasonable care and prudence might have avoided injurious consequences to the plaintiff. This defense is available only in an
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6. INSANITY

An insane person is exempt from liability. However, by express provision of law, there may be civil liability even when the perpetrator is held to be exempt from criminal liability. The insanity of a person does not excuse him or his guardian from liability based on quasi delict (Art. 2180 and 2182 NCC)

Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007

action by the driver or owner of one vehicle against the driver or owner of the other vehicle involved. REQUISITES: a. Plaintiff was in a position of danger by his own negligence b. Defendant knew of such position of the plaintiff c. Defendant had the least clear chance to avoid the accident by exercise of ordinary care but failed to exercise such last clear chance and d. Accident occurred as proximate cause of such failure Who may invoke: Plaintiff NOTE: The doctrine is inapplicable to a. Joint tortfeasors b. Defendants concurrently negligent c. As against 3rd persons Person exposed to the risk - A higher degree of diligence is required if the person involved is a child.

5. DOCTRINE OF ASSUMPTION OF RISK Volenti non fit injuria REQUISITES: a. Intentional exposure to a known danger b. One who voluntarily assumed the risk of an injury from a known danger cannot recover in an action for negligence or an injury is incurred c. Plaintiffs acceptance of risk (by law/contract/nature of obligation) has erased defendants duty so that his negligence is not a legal wrong d. Applies to all known danger 6. DUE DILIGENCE - diligence required by law/contract/ depends on circumstances of persons, places, things 7. FORTUITOUS EVENT - no person shall be responsible for those events which cannot be foreseen, or which through foreseen were inevitable 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 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 d. The obligor must be free from any participation in the aggravation of the injury resulting to the creditor. GENERAL RULE: Fortuitous Event 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) NCC] NOTE: A person may still be liable for a fortuitous event if such person made an ASSUMPTION OF RISK.

4. EMERGENCY RULE - "one who suddenly finds himself in a place of danger, and is required to act without time to consider the best means that may be adopted to avoid the impending danger, is not guilty of negligence, if he fails to adopt what subsequently and upon reflection may appear to have been a better method, unless the emergency in which he finds himself is brought about by his own negligence." Valenzuela v. CA, 253 SCRA 303 An individual will nevertheless be subject to liability if the emergency was brought about by his own negligence.

NOTE: Applicable only to situations that are sudden and unexpected such as to deprive actor of all opportunity for deliberation (absence of foreseeability); the action shall still be judged by the standard of the ordinary prudent man FACTORS TO CONSIDER: Gravity of the HarmQuickTime to be avoided and a TIFF (Uncompressed) decompressor Alternative courses of action - If the alternative are needed to see this picture. presented to the actor is too costly, the harm that may result may still be considered unforeseeable to a reasonable man Social Value and Utility of the Action - The act which subjects an innocent person to an unnecessary risk is a negligent act if the risk outweighs the advantage accruing to the actor and even to the innocent person himself.

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8. DAMNUM ABSQUE INJURIA a principle that involves damage without injury, therefore no liability is incurred; there is no legal injury 9. LAW specific provision of law 10. EXERCISE OF THE DILIGENCE OF A GOOD FATHER OF A FAMILY IN THE SELECTION AND SUPERVISION OF EMPLOYEES 11. PRESCRIPTION a. Injury to right of plaintiff/quasi delict - 4 years b. Defamation - 1 year c. When no specific provision, must be counted from the day they may be brought 12. PROSCRIPTION AGAINST DOUBLE RECOVERY - Responsibility for fault or negligence under quasi-delict is entirely separate and distinct from civil action arising from the RPC but plaintiff cannot recover damages twice for same act or omission of the defendant 13. ACT OR OMISSION IS NOT THE PROXIMATE CAUSE OF THE DAMAGE 14. OTHER GROUNDS Motion To Dismiss: a. lack of jurisdiction over person of defendant b. lack of jurisdiction over subject matter c. venue improperly laid d. plaintiff has no legal capacity to sue e. there is another action pending between same parties for same cause f. cause of action is barred by prior judgment /statute of limitations g. pleading asserting claim states no cause of action h. claim set forth in pleading has been paid, waived, abandoned, extinguished i. claim is unenforceable under the provision of statute of fraud j. condition precedent for filing claim has not been complied with 2. PERSONS VICARIOUSLY LIABLE the obligation imposed in 2176 is demandable not only for ones own act or omission but also for those persons for whom one is responsible (art 2180). Vicarious Liability law on imputed negligence; a person who himself is not guilty of negligence is made liable for conduct of another

NOTE: Vicarious liability is not governed by the doctrine of respondeat superior. Employers or parents are made liable not only because of the negligent or wrongful act of the person for whom they are responsible but also because of their own negligence (i.e. liability is imposed on the employer because he failed to exercise due diligence in the selection and supervision of his employees) EXCEPTION: the doctrine of respondeat superior is applicable in: a. Liability of employers under Article 103 of the RPC b. Liability of a partnership for the tort committed by a partner

WHO ARE THE PERSONS VICARIOUSLY LIABLE: 1. PARENTS - The father, and in case of his death or incapacity, the mother are responsible for damage caused by minor children who live in their company. Father and Mother shall jointly exercise parental authority over common children. In case of disagreement, father's decision shall prevail (art 211). NOTE: Persons liable for the act of minors other than parents. a. Those exercising substitute parental authority b. Surviving grandparents c. Oldest sibling, over 21 years old unless unfit or unqualified d. Childs actual custodian, over 21 years old unless unfit or disqualified

CHAPTER 5: PERSONS LIABLE FOR QUASI DELICT WHO SHOULD BE LIABLE FOR A QUASI-DELICT: 1. TORTFEASOR - Whoever by act or omission causes damage to another, there being no fault or negligence is obliged to pay for the damage done (art 2176).
QuickTime and a TIFF (Uncompressed) decompressor are needed to see this picture.

2. GUARDIANS - Guardians are liable for damages caused by the minor or incapacitated persons who are: a. under their authority b. who live in their company
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Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007

3. OWNERS & MANAGERS OF ESTABLISHMENT/ENTERPRISE - Owners & managers of establishment or enterprise are responsible for damages caused by their employees who are: a. in the service of the branches in which the latter are employed OR b. in occasion of their function 4. EMPLOYERS - Employers shall be liable for damages caused by their: a. employees and b. household helpers c. who are acting w/in the scope of their assigned task even though the former are not engaged in any business or industry (unlike in RPC subsidiary liability of employer attaches in case of insolvency of employer for as long as the employer is engaged in business/industry) DEFENSES AVAILABLE TO EMPLOYERS: a. exercise of due diligence ins election and supervision of employees b. act/omission was made outside working hours and in violation of company's rules and regulations SCHOOLS LIABILITY: GENERAL RULE: The School itself is NOT liable as party defendants EXCEPTIONS: a. FC 218 schools are expressly made liable b. St. Francis ruling schools liability as employer c. PSBA ruling school has liability based on contract, therefore: i. If culprit is a teacher, follow St. Francis ruling (sue school as employer) ii. If culprit is a stranger, follow PSBA ruling (sue school based on contract iii. If culprit is a student - apply 2180

5. STATE - The state is responsible when it acts through a special agent, but not when the same is caused by an official to whom task done properly pertains in which case art 2176 is applicable 6. SCHOOL ADMINISTRATOR, TEACHER Teachers or heads of establishments of arts & trades shall be liable for damages caused by their pupils, students & apprentices as long as they remain in their custody even if they are beyond the age of majority NOTE: Art. 2180 applies to all including academic institution per weight of jurisprudence based on obiter of Justice JBL Reyes in the Exconde case.

FAMILY CODE PROVISIONS: a. Family Code, Art 218 - The school, its administration & teachers or the individual, entity or institution engaged in child care shall have special parental authority & responsibility over the minor child under their supervision, instruction or custody (authority & responsibility shall apply to all authorized activities whether inside or outside the premises or the school, entity or institution). b. Family Code, Art 219 - Those given the authority & responsibility shall be solidarily & principally liable for damages caused by act/omission of the unemancipated minor; parents, judicial guardian or person exercising substitute parental authority over said minor shall be subsidiarily liable. CHAPTER 6: PERSONS EXPRESSLY MADE LIABLE BY LAW EVEN WITHOUT FAULT (STRICT LIABILITY) 1. POSSESSOR OF AN ANIMAL The possessor of an animal or whoever may make use of the same is responsible for the damage which it may cause Exceptions: a. Force majeure b. Fault of the injured/damaged person 2. OWNER OF MOTOR VEHICLE In motor vehicle mishap, the owner is solidarily liable with the driver if: a. he was in the vehicle, and b. could have, through due diligence, prevented the misfortune A Driver is Presumed Negligent by law If:
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TEACHERS LIABILITY:QuickTime and a The basis of the teachers liability is the principle of loco parentis (stand in place of parents). So long as the students remain in the protective and supervisory capacity of teachers, the latter shall be deemed to have custody over the students. Its not necessary for the students to board and live with the teachers so that there can be custody over them.
TIFF (Uncompressed) decompressor are needed to see this picture.

Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007

a. he had been found guilty or reckless driving or violating traffic regulations at least twice within the next preceding two months. b. at the time of the mishap, he was violating any traffic regulation. NOTE: Every owner of a motor vehicle shall file with the proper government office a bond executed by a government-controlled corporation or office, to answer for damages to third persons. 3. MANUFACTURERS & PROCESSORS OF FOODSTUFFS, DRINKS, TOILET ARTICLES & SIMILAR GOODS They are liable for death and injuries caused by any noxious or harmful substances used although no contractual relation exists between them and the consumers 7. ENGINEER, ARCHITECT OR CONTRACTOR If damage of building or structure is caused by defect in construction which happens within 15 years from construction; action must be brought within 10 years from collapse 8. HEAD OF FAMILY THAT LIVES IN A BUILDING OR PART THEREOF Liable for damages caused by things thrown or falling from the same CHAPTER 7: SPECIAL TORTS 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. Art. 20. Every person who, contrary to law, willfully or negligently causes damage to another, shall indemnify the latter for the same. Art. 21. Any person who willfully 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. ABUSE OF RIGHTS (ART 19) 1. There is a legal right or duty 2. The right or duty is exercised in bad faith 3. For the sole intent of prejudicing or injuring another Common element under articles 19 and 21: the act must be intentional An action can only proper when damage, material or otherwise, was suffered by the plaintiff. An action based on Articles 19-21 will be dismissed if the plaintiff merely seeks recognition A defendant may likewise be guilty of tort under Articles 19-21 even if he acted in good faith. In these cases, liability to pay moral damages may not be imposed on the defendant who acted in good faith.

4. DEFENDANT IN POSSESSION OF DANGEROUS WEAPONS OR SUBSTANCES, SUCH AS FIREARMS AND POISON There is prima facie presumption of negligence on the part of defendant if death or injury results from such possession EXCEPTION: The possession or use thereof is indispensable in his occupation or business

5. PROVINCES, CITIES & MUNICIPALITIES Shall be liable for damages for the death or injuries suffered by any person by reason of the defective condition of roads, streets, bridges, public buildings, and other public works under their control or supervision 6. PROPRIETOR OF BUILDING OR STRUCTURE Responsible for the damages resulting from any of the ff.: a. Total or partial collapse of building or structure if due to lack of necessary repairs b. Explosion of machinery which has not been taken cared of with due diligence, and the inflammation of explosive substances which have not been kept in a safe and adequate place QuickTime and a TIFF (Uncompressed) decompressor c. By excessive smoke, which are needed to see this picture. may be harmful to persons or property d. By falling of trees situated at or near highways or lanes, if not caused by force majeure e. By emanations from tubes, canals, sewers or deposits of infectious matter, constructed without precautions suitable to the place

GENERAL SANCTION (ART. 20) For all other provisions of law which do not especially provide their own sanction a. In the exercise of his legal right or duty b. Willfully or negligently causes damage to another Article 20 does not distinguish, the act may be done either willfully or negligently
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CONTRA BONUS MORES (ART 21) 1. There is an act which is legal 2. But which is contrary to morals, good custom, public order or public policy 3. And it is done with intent to injure Damages are recoverable even if no positive law has been violated EXAMPLES OF ACTS CONTRA BONUS MORES: 1. BREACH OF A PROMISE TO MARRY GENERAL RULE: Breach of a promise to marry by itself is not actionable. EXCEPTION: In cases where there is another act independent of the breach of a promise to marry which gives rise to liability a. Cases where there was financial damage b. Social humiliation caused to one of the parties c. Where there was moral seduction d. If the breach was done in a manner that is clearly contrary to good morals Gashem Shookat Baksh v. CA moral seduction connotes the idea of deceit, enticement, superior power or abuse of confidence on the part of the seducer to which the woman has yielded for which the seducer can be held liable for damages intercourse with another even if he is satisfied his lust without promising to marry the offended party It may not even matter that the plaintiff and the defendant are of the same gender

3. SEXUAL ASSAULT Defendant is liable for all forms of sexual assault 4. DESERTION BY A SPOUSE A spouse has the legal obligation to live with his/her spouse. If a spouse does not perform his/her duty to the other, he may be liable for damages for such omission because the same is contrary to law, morals, good customs and public policy. 5. TRESPASS PROPERTY AND DEPRIVATION OF

2 KINDS: a. TRESPASS TO AND/OR DEPRIVATION OF REAL PROPERTY Liability for damages under the RPC and Art. 451 of the Civil Code requires intent or bad faith A builder in good faith who acted negligently may be held liable under Art. 2176 NCC Art. 448 of the Civil Code in relation to Art. 456 does not permit action for damages where the builder, planter or sower acted in good faith. The landowner is limited to the options given to him under article 448 b. TRESPASS TO AND/OR DEPRIVATION OF PRIVATE PROPERTY In the field of tort, trespass extends to all cases where a person is deprived of his personal property even in the absence of criminal liability Examples: theft, robbery Magbanua v. IAC, 137 SCRA 352 it may cover cases where the defendant was deprived of personal property for the purpose of obtaining possession of real property. The defendant who was landlord, was held liable because he deprived the plaintiffs, his tenants of water in order to force them to vacate the lot they were cultivating.

Constantino v. Mendez Sexual intercourse is not by itself a basis for recovery but damages could be awarded if the sexual intercourse is not a product of voluntariness or mutual desire

Tanjanco v. CA For one whole year, the plaintiff, a woman of adult age, maintained intimate sexual relations with the appellant with repeated acts of intercourse. There is here voluntariness and mutual passion. Hence, no case is made under Article 21, NCC 2. SEDUCTION WITHOUT BREACH OF PROMISE TO MARRY Seduction by itself, is also an act contrary to morals, good customs and public policy The defendant is liable if he employed deceit, enticement, superior power or abuse of confidence in successfully having sexual
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Manila Electric Co. v. CA 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 Art. 21 NCC STATUTORY BASIS: Art. 19-21, 2, 32, 33, 35, 2217, 2219(8) NCC

ELEMENTS: a. 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 b. That in bringing the action, the prosecutor acted without probable cause c. The prosecutor was actuated or impelled by legal malice

6. ABORTION AND WRONGFUL DEATH Damages may be recovered by both spouses if: a. The abortion was cause through the physicians negligence or b. Was done intentionally without their consent NOTE: A doctor who performs an illegal abortion is criminally liable under Art. 259 RPC Geluz v. CA, 2 SCRA 802 Husband of a woman who voluntarily procured her abortion may recover damages from the physician who cause the same on account of distress and mental anguish attendant to the loss of the unborn child and the disappointment of his parental expectation. 7. ILLEGAL DISMISSAL 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 therefrom. If the dismissal was done anti-socially and oppressively, the employer should be deemed to have violated Art. 1701 of the Civil code (which prohibits acts of oppression by either capital or labor against the other) and Art. 21 An employer may be held liable for damages if the manner of dismissing is contrary to morals good customs and public policy. 8. MALICIOUS PROSECUTION An action for damages brought by one against QuickTime and a (Uncompressed) decompressor another whomTIFF aare criminal prosecution, civil suit, or needed to see this picture. other legal proceeding has been instituted maliciously and without probable cause, after termination of such prosecution, suit or proceeding in favor of the defendant therein. The action which is terminated should be one begun in malice, without probable cause to believe that the charges can be sustained

NOTE: Presence absence of malice.

of

probable

cause

signifies

Globe Mackay and Radio Corp v. CA 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 rendering dismissing the case, nevertheless, prior acquittal may include dismissal by the prosecutor after preliminary investigation.

9. PUBLIC HUMILIATION Such acts also constitute an offense under Art. 359, RPC (slander by deed) Patricio v. Hon. Oscar Leviste - A person can be held liable for damages for slapping another in public.

Grand Union Supermarket v. Espino a defendant may likewise be guilty of a tort even if he acted in good faith if the action has caused humiliation to another. 10. UNJUST ENRICHMENT 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. Art. 23. Even when an act or event causing damage to another's property was not due to
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the fault or negligence of the defendant, the latter shall be liable for indemnity if through the act or event he was benefited. Art. 2142. Certain lawful, voluntary and unilateral acts give rise to the juridical relation of quasi-contract to the end that no one shall be unjustly enriched or benefited at the expense of another. (n) a. That the defendant was himself the prosecutor/ he instigated its commencement b. That it finally terminates in his acquittal c. That in bringing it the prosecutor acted without probable cause, and d. That he was actuated by legal malice, that is, by improper and sinister motive 16. VIOLATION OF RIGHTS AND LIBERTIES OF ANOTHER PERSON 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;
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11. OSTENTATIOUS DISPLAY OF WEALTH Thoughtless extravagance for pleasure or display during a period of public want or emergency

12. VIOLATION OF RIGHT OF PRIVACY AND FAMILY RELATIONS The following acts though they may not constitute a criminal offense, shall produce a cause of action for damages, prevention and other relief: a. Prying into the privacy of another's residence b. Meddling with or disturbing the private life or family relations of another c. Intriguing to cause another to be alienated from his friends d. Vexing or humiliating another on account of his religious beliefs, lowly station in life. Place of birth, physical defect, or other personal condition

13. DERELICTION OF OFFICIAL DUTY OF PUBLIC OFFICERS May be brought by any person suffering from material or moral loss because a public servant refuses or neglects, without just cause to perform his official duty (art 27). REQUISITES: a. defendant is a public officer charged with the performance of a duty in favor of the plaintiff b. he refused or neglected without just cause to perform such duty (ministerial) c. plaintiff sustained material or moral loss as consequence of such non-performance d. the amount of such damages, if material
QuickTime and a TIFF (Uncompressed) decompressor 14. UNFAIR COMPETITION are needed to see this picture. Unfair competition in agricultural, commercial or industrial enterprises or in labor through the use of force, intimidation, deceit. Machination or other unjust, oppressive or highhanded method (Art 28)

15. MALICIOUS PROSECUTION ELEMENTS

Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007

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. 17. NUISANCE Any act, omission, establishment, condition of property, or anything else which: e. Injures or endangers the health or safety to others, or f. Annoys or offends the senses, or g. Shocks, defies, or disregards decency or morality, or h. Obstructs or interferes with the free passage of any public highway or streets, or any body of water i. Hinders or impairs use of property KINDS a. Nuisance Per Se - denounced as nuisance by common law or by statute QuickTime and a (Uncompressed) decompressor b. Nuisance TIFF Per Accidens - those which are in are needed to see this picture. their nature not nuisances, but may become so by reason of their locality, surroundings, or the manner in which they may be conducted, managed, etc. c. Public affects a community or neighborhood or any considerable number of persons d. Private - one that is not included in the foregoing definition; affect an individual or a limited number of individuals only REMEDIES AGAINST PUBLIC NUISANCES a. Prosecution under the RPC or any local ordinance b. Civil action c. Abatement, without judicial proceeding

WHO MAY AVAIL OF REMEDIES a. Public officers b. Private persons - if nuisance is specially injurious to himself; the ff. steps must be made: Demand be first made upon owner or possessor of the property to abate the nuisance That such demand has been rejected That the abatement be approved by the district health officer and executed with the assistance of local police That the value of destruction does not exceed P3,000

REMEDIES AGAINST PRIVATE NUISANCES a. Civil action b. Abatement, without judicial proceedings WHO MAY AVAIL OF REMEDIES a. Public officers b. Private persons - if nuisance is specially injurious to himself; the ff. steps must be made: Demand be first made upon owner or possessor of the property to abate the nuisance That such demand has been rejected That the abatement be approved by the district health officer and executed with the assistance of local police That the value of destruction does not exceed P3,000 DOCTRINE OF ATTRACTIVE NUISANCE A class of cases within the general rule that one is liable for the injury resulting to another from failure to exercise the degree of care commiserate with the circumstances the attractiveness of the premises or of the dangerous instrumentality to children of tender years is to be considered as an implied invitation, which takes the children who accepted it out of the category of a trespasser and puts them in the category of invitees, towards whom the owner of the premises or instrumentality owes the duty of ordinary care
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Adequate compensation for the value of loss suffered or profits which obligee failed to obtain Exceptions: a. Law b. Stipulation ACTUAL OR COMPENSATORY

CHAPTER 8: DAMAGES DAMAGES MAY BE: 1. 2. 3. 4. 5. 6. Actual or compensatory; Moral; Nominal; Temperate or moderate; Liquidated; or Exemplary or corrective. DAMAGE the detriment, injury or loss which is occasioned by reason of fault of another in the property or person

KINDS OF DAMAGES

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 the violation of some rights

a. General Damage - natural, necessary and logical consequences of a particular wrongful act which result in injury; need not be specifically pleaded because the law itself implies or presumes that they resulted from the wrongful act b. Special Damages - damages which are the natural, but not the necessary and inevitable result of the wrongful act. (i.e., attorneys fees) REQUIREMENTS: i. Need to be pleaded ii. Pray for the relief that claim for loss be granted iii. Prove the loss WHEN LOSS NEED NOT BE PROVED: a. Liquidated damages previously agreed upon; liquidated damages take the place of actual damages except when additional damages incurred b. If damages other than actual are sought c. Loss is presumed (ex: loss if a child or spouse) d. Forfeiture of bonds in favor of the government for the purpose of promoting public interest or policy (ex: bond for temporary stay of alien)

DAMNUM ABSQUE INJURIA or 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 INJURY Legal invasion of a legal right DAMAGE Loss, hurt or harm which results from the injury DAMAGES The recompense or compensation awarded for the damage suffered

NOTE: A complaint for damages is a personal action Proof of pecuniary loss is necessary to successfully recover actual damages from the QuickTime and a defendant. No proof of pecuniary loss is TIFF (Uncompressed) decompressor are needed to see this picture. necessary in case of moral, nominal, temperate, liquidated or exemplary damages. The assessment of damages, except liquidated ones, is left to the discretion of the court according to the circumstances of each case. 1. ACTUAL/COMPENSATORY

CONTRACTS AND QUASI-CONTRACTS a. Damages in case of Good Faith i. Natural and probable consequences of breach of obligations ii. Parties have foreseen or could have reasonably foreseen at the time the obligation was created b. Damages in case of Bad Faith i. It is sufficient that damages may be reasonably attributed to the nonperformance of the obligation.

CRIMES AND QUASI-CRIMES

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a. Defendant is liable for all damages that are natural and probable consequences of the act complained of; b. Not necessary that damages have been foreseen or could have been reasonably foreseen. VALUE OF LOSS SUFFERED Destruction of things, fines or penalties, medical & hospital bills, attorney's fees, interests, cost of litigation LOSS OF EARNING CAPACITY: Variables to consider are: a. life expectancy b. net income/earnings total of the earnings less expenses necessary for the creation of such earnings and less living or other incidental expenses Formula: [2/3 x 80 (age at the time of death)] x monthly earnings x 12 = GROSS EARNINGS GE - Approximate Expenses (50% of GE) = Net Earnings LOSS OF PROFITS (Lucrum Cessans) May be determined by considering the average profit for the preceding years multiplied by the number of years during which the business was affected by the wrongful act or breach ATTORNEYS FEES They are actual damages. It is due to the plaintiff and not to counsel Plaintiff must allege the basis of his claim for attorneys fees in the complaint; the basis should by one of the cases under Art. 2208 WHEN ARE ATTORNEYS FEES RECOVERABLE: In the absence of stipulation, attorney's fees and expenses of litigation, other than judicial costs, cannot be recovered, except: a. When exemplary damages are awarded; b. When the defendant's act or QuickTime and a omission has (Uncompressed) decompressor compelledTIFF the plaintiff to litigate with third are needed to see this picture. persons or to incur expenses to protect his interest; c. In criminal cases of malicious prosecution against the plaintiff; d. In case of a clearly unfounded civil action or proceeding against the plaintiff; e. Where the defendant acted in gross and evident bad faith in refusing to satisfy the plaintiff's plainly valid, just and demandable claim; f. In actions for legal support; g. In actions for the recovery of wages of household helpers, laborers and skilled workers; h. In actions for indemnity under workmen's compensation and employer's liability laws; i. In a separate civil action to recover civil liability arising from a crime; j. When at least double judicial costs are awarded; WHEN IS ACTUAL DAMAGES MITIGATED: a. Contributory negligence b. In contracts. Quasi-contracts and quasi-delict i. Plaintiff has contravened the terms of contract ii. Plaintiff derived some benefit as result of contract iii. In case where exemplary damages are to be awarded, that the defendant acted upon the advise of counsel iv. That the loss would have resulted in any event v. That since the filing of the action, the defendant has done his best to lessen the plaintiff's loss or injury DAMAGES RECOVERABLE IN CASE OF DEATH: 1. Medical & Hospital Bills 2. Damages for death a. Minimum amount: P50,000 b. Loss of earning capacity unless deceased had permanent physical disability not caused by defendant so that deceased had no earning capacity at time of death c. Support, if deceased was obliged to give support (for period not more than 5 years) d. Moral damages 2. MORAL DAMAGES MORAL DAMAGES INCLUDE: (PBMF-MWSS) a. Physical suffering b. Besmirched reputation c. Mental anguish d. Fright e. Moral shock f. Wounded feelings g. Social humiliation h. Serious anxiety
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i. Sentimental value of real or personal property may be considered in adjudicating moral damages The social and economic/financial standing of the offender and the offended party should be taken into consideration in the computation of moral damages Moral damages is awarded only to enable the injured party to obtain means, diversions or amusements that will serve to alleviate the moral suffering he has undergone, by reason of defendant's culpable action and not intended to enrich a complainant at the expense of defendant ELEMENTS: a. Plaintiff has a right b. Right of plaintiff is violated c. Purpose is not to identify but vindicate or recognize right violated NOTE: The Law presumes damage although actual or compensatory damages are not proven They are damages in the name only and are allowed simply in recognition of a technical injury based on a violation of a legal right Nominal damages cannot coexist with actual or compensatory damages 4. TEMPERATE OR MODERATE DAMAGES More than nominal but less than compensatory where some pecuniary loss has been suffered but its amount can't be proved with certainty due to the nature of the case In cases where the resulting injury might be continuing and possible future complications directly arising from the injury, while certain to occur are difficult to predict, temperate damages can and should be awarded on top of actual or compensatory damages; in such cases there is no incompatibility between actual and temperate damages.

j.

k.

IN WHAT CASES MAY MORAL DAMAGES BE RECOVERED (Enumeration Not Exclusive): a. Criminal offense resulting in physical injuries b. Quasi-delicts causing physical injuries c. Seduction, abduction, rape or other acts of lasciviousness d. Adultery and concubinage e. Illegal or arbitrary detention or arrest f. Illegal search g. Libel, slander or other form of defamation h. Malicious prosecution i. Acts mentioned in art 309 of the RPC relating to disrespect of the dead and interference with funeral j. Acts and actions referred to in arts 21, 26, 27, 28, 29, 30, 32, 34 and 35 k. The parents of the female seduced, abducted, raped, or abused l. Spouse, descendants, ascendants and brother and sisters for acts mentioned in art 309 m. Art 2220 - in cases of willful injury to property or breaches of contract where defendant acted fraudulently or in bad faith GENERAL RULE: The plaintiff must allege and prove the factual basis for moral damages and its causal relation to the defendants act EXCEPTION: Moral damages may be awarded to the victim in criminal proceedings without the need for pleading proof of the basis hereof. QuickTime and a
TIFF (Uncompressed) decompressor are needed to see this picture.

REQUISITES: a. Some pecuniary loss b. Loss is incapable of pecuniary estimation c. Must be reasonable 5. LIQUIDATED DAMAGES Those agreed upon by the parties to a contract, to be paid in case of breach thereof MAY BE

WHEN LIQUIDATED DAMAGES EQUITABLY REDUCED: a. Iniquitous or unconscionable b. Partial or irregular performance

6. EXEMPLARY OR CORRECTIVE DAMAGE Imposed by way example or correction for the public good, in addition to the moral, temperate, liquidated to compensatory damages NOTE: Exemplary damages cannot be recovered as a matter of right; the court will decide whether or not they should be adjudicated.

3. NOMINAL DAMAGES

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

WHEN IMPOSABLE:
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a. Criminal offenses exemplary damages as a part of the civil liability may be imposed when the crime was committed with one or more aggravating circumstances. Such damages are separate and distinct from fines and shall be paid to the offended party. b. Quasi-delicts exemplary damages may be granted if the defendant acted with gross negligence. c. Contracts and quasi-contracts the court may award exemplary damages if the defendant acted in a wanton, fraudulent, reckless, oppressive, or malevolent manner. WHAT MUST BE PROVED: While the amount of exemplary damages need not be proved, the plaintiff must show that he is entitled to moral, temperate or compensatory damages before the court may consider the question of whether or not exemplary damages should be awarded. In case liquidated damages have been agreed upon, although no proof of loss is necessary in order that such liquidated damages may be recovered, nevertheless, before the court may consider the question of granting exemplary in addition to the liquidated damages, the plaintiff must show that he would be entitled to moral, temperate or compensatory damages were it not for the stipulation for liquidated damages.

QuickTime and a TIFF (Uncompressed) decompressor are needed to see this picture.

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