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-Generally, no. However, the existence of contract does not bar the
commission of a tort by one against the other and the consequent
recovery of damages.
Injury is the illegal invasion of a legal right while damage is the loss,
hurt, or harm which results from the injury, and damages are the
recompense or compensation awarded for the damage suffered.
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 pre-existing contractual relation between the
parties, is called a quasi-delict and is governed by the provisions of this
Chapter. (1902a)
Art. 2177. Responsibility for fault or negligence under the preceding article
is entirely separate and distinct from the civil liability arising from
negligence under the Penal Code. But the plaintiff cannot recover damages
twice for the same act or omission of the defendant. (n)
Art. 2178. The provisions of Articles 1172 to 1174 are also applicable to a
quasi-delict. (n)
Art. 2179. When the plaintiffs own negligence was the immediate and
proximate cause of his injury, he cannot recover damages. But if his
negligence was only contributory, the immediate and proximate cause of
the injury being the defendants lack of due care, the plaintiff may recover
damages, but the courts shall mitigate the damages to be awarded. (n)
Elements Of Quasi-Delict
1.) Damage to the plaintiff;
2.) Negligence, by act or omission, of which defendant, or some person for
whose acts, he must respond, was guilty; and
3.) Connection of cause and effect between such negligence and damage
Negligence It consists in the omission to do acts required under the
attendant circumstances resulting in damage or injury to another.
Test Of Determining Negligence
Medical Malpractice
Form of negligence which consists in the failure of the physician or surgeon
to apply to his practice of medicine that degree of care and skill which is
ordinarily employed by the profession generally, under similar conditions,
and in like surrounding circumstances. In order to successfully pursue such
a claim, a patient must prove that such physician or surgeon would have
done, or that he or she did something that a reasonably prudent physician
or surgeon would not have done, and that the failure of action caused
injury to the patient.
There are thus four elements involved in medical negligence cases,
namely: duty, breach, Injury and proximate causation.
Elements of doctrine of res ipsa loquitur are:
(1) the occurrence of an injury;
(2) the thing which caused the injury was under the control and
management of the defendant;
(3) the occurrence was such that in the ordinary course of things, would
not have happened if those who had control or management used proper
care; and
(4) the absence of explanation by the defendant.
Under the Captain-of-the-Ship Doctrine, a surgeon is likened to a
captain of the ship in that it is his duty to control everything going on in
the operating room (Ramos vs. Court of Appeals, 380 SCRA 467)
1.) Plaintiff is placed in danger by his own negligent acts and he is unable
to get out from such situation by any means;
2.) Defendant knows that the plaintiff is in danger and knows or should
have known that the plaintiff was unable to extricate himself therefrom;
and,
3.) Defendant had the last clear chance or opportunity to avoid the
accident through the exercise of ordinary care but failed to do so, and the
accident occurred as a proximate result of such failure.
Art. 2180. The obligation imposed by Article 2176 is demandable not only
for ones own acts or omissions, but also for those of persons for whom one
is responsible.
The father and, in case of his death or incapacity, the mother, are
responsible for the damages caused by the minor children who live in their
company.
Guardians are liable for damages caused by the minors or incapacitated
persons who are under their authority and live in their company.
The owners and managers of an establishment or enterprise are likewise
responsible for damages caused by their employees in the service of the
branches in which the latter are employed or on the occasion of their
functions.
Employers shall be liable for the damages caused by their employees and
household helpers acting within the scope of their assigned tasks, even
though the former are not engaged in any business or industry.
The State is responsible in like manner when it acts through a special
agent; but not when the damage has been caused by the official to whom
the task done properly pertains, in which case what is provided in Article
2176 shall be applicable.
Lastly, teachers or heads of establishments of arts and trades shall be
liable for damages caused by their pupils and students or apprentices, so
long as they remain in their custody.
Where both parties are guilty of negligence, but the negligent act of one
succeeds that of the other by an appreciable interval of time, the one who
has the last reasonable opportunity to avoid the impending harm and fails
to do so, is chargeable with the consequences, without reference to the
prior negligence of the other party (Picart vs. Smith, 37 Phil. 809)
The responsibility treated of in this article shall cease when the persons
herein mentioned prove that they observed all the diligence of a good
father of a family to prevent damage. (1903a)
The application of Article 2180 is NOT limited to school of arts and trades.
It applies to all, including academic institutions where the teacher-in-
charge is liable for the acts of his students. In the case of establishment of
arts and trades, it is the head thereof, and only he, who shall be liable.
Art. 2181. Whoever pays for the damage caused by his dependents or
employees may recover from the latter what he has paid or delivered in
satisfaction of the claim. (1904)
Art. 2182. If the minor or insane person causing damage has no parents or
guardian, the minor or insane person shall be answerable with his own
property in an action against him where a guardian ad litem shall be
appointed. (n)
If the tortfeasor is a minor, whether sane or insane, the complaint and the
application for guardianship shall be filed with the Family Court.
Art. 2183. The possessor of an animal or whoever may make use of the
same is responsible for the damage which it may cause, although it may
escape or be lost. This responsibility shall cease only in case the damage
should come from force majeure or from the fault of the person who has
suffered damage. (1905)
-The principle of strict liability in tort means that proof of negligence is not
necessary. It applies even if the defendant manufacturer or processor has
exercised all the possible care in the preparation and sale of his product.
There is strict liability if one is made independent of fault. Negligence or
intent after establishing certain facts specified by law. It includes liability
for conversion and for injuries caused by animals, ultra-hazardous
activities and nuisance.
Art. 2188. There is prima facie presumption of negligence on the part of the
defendant if the death or injury results from his possession of dangerous
weapons or substances, such as firearms and poison, except when the
possession or use thereof is indispensable in his occupation or business.
(n)
Art. 2189. Provinces, cities and municipalities shall be liable for damages
for the death of, or injuries suffered by, any person by reason of the
Prescriptive Period- The prescriptive period for the filing of the action for
damages is fifteen (15) years from the time the cause of action had
accrued.
Art. 2193. The head of a family that lives in a building or a part thereof, is
responsible for damages caused by things thrown or falling from the same.
(1910)
Art. 2194. The responsibility of two or more persons who are liable for
quasi-delict is solidary. (n)
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, 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.
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 the fault or negligence of the defendant, the latter shall be
liable for indemnity if through the act or event he was benefited.
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.
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:
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;
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 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.