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TORTS/QUASI-DELICTS
Reservation Requirement Civil aspect of the quasi-delict is impliedly Civil aspect is Impliedly instituted with
instituted with criminal action, but under criminal action
2000 Crimpro Rules it is independent and
separate
Effect of judgement of Not a bar to recover civil damages Not a bar to recover civil damages
acquittal in a criminal EXCEPT when judgement pronounces that
case involving same the negligence from which damage arise is
act/omission non-existent
3. Causal connection between negligence and damage (to be actionable) -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.
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Torts/Quasi-delicts
*** If plaintiff's negligence is only contributory he is considered partly responsible only, may still recover
from defendant but must be reduced by the courts in proportion to his own negligence
Concept of 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
E. DEFENSES:
1. CONTRIBUTORY NEGLIGENCE - the theory here is that 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 - the theory here is that 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 action by the driver or owner of one
vehicle against the driver or owner of the other vehicle involved.
Elements:
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
Inapplicable to:
1. joint tortfeasors
2. defendants concurrently negligent
3. as against 3rd persons
4. EMERGENCY RULE a person is not expected to exercise the same degree of care when he is compelled
to act instinctively under a sudden peril because a person confronted with a sudden emergency may be left
with no time for thought and must make a speedy decision upon impulse or instinct
Applicable only to situations that are sudden and unexpected such as to deprive actor of all opportunity
for deliberation
But action must still be judged by the standard of the ordinary prudent man
Absence of forseeability
7. FORTUITOUS EVENT - no person shall be responsible for those events which cannot be forseen, or which
through forseen were inevitable
Exception: assumption of risk
8. DAMNUM ABSQUE INJURIA a principle that involves damage without injury, therefore no liability is
incurred; there is no legal injury
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Torts/Quasi-delicts
11. PRESCRIPTION
Injury to right of plaintiff/quasi delict - 4 years
Defamation - 1 year
*** 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 2x for same act or omission of the defendant
d) EMPLOYERS - Employers shall be liable for damages caused by their employees & household helpers
i. acting w/in the scope of their assigned task
ii. 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)
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Torts/Quasi-delicts
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.
Liability of school, admin, teachers is solidary and No such express solidary nor subsidiary liability is
parents are made subsidiary liable stated
Issues:
1. whether or not schools are liable?
gen rule: schools are not liable as party defendants
exception:
a) FC 218 schools are expressly made liable
b) St. Francis case ruling schools liability as employer
c) PSBA case ruling school has liability based on contract
So that
a) if culprit is a teacher, follow St. Francis ruling (sue school as employer)
b) if culprit is a stranger, follow PSBA ruling (sue school based on contract)
c) if culprit is a student - apply 2180
2. does 2180 apply to school of arts & trades only?
No. applies to all including academic institution per weight of jurisprudence based on obiter of Justice
JBL Reyes in the Exconde case
3. basis of liability of teacher principle of loco parentis (stand in place of parents)
4. so long as they remain in their custody
not literal anymore; before: boarding & living with teacher due to peculiar characteristic of
trade & arts school
as long as they are in the protective, supervisory capacity of teacher special parental
authority
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Torts/Quasi-delicts
G. SPECIAL TORTS
1. Art 19, 20, 21 (catch-all provision)
a. ABUSE OF RIGHTS (Art 19)
ELEMENTS:
i. There is a legal right or duty
ii. Which is exercised in bad faith
iii. For the sole intent of prejudicing or injuring another
b. GENERAL SANCTION (Art. 20)
- for all other provisions of law which do not especially provide their own sanction
ELEMENTS:
i. In the exercise of his legal right or duty
ii. Willfully or negligently causes damage to another
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Torts/Quasi-delicts
2. UNJUST ENRICHMENT
- Arts. 22, 23, 2142 & 2143
The ff. acts though they may not constitute a criminal offense, shall produce a cause of action for damages,
prevention and other relief:
i. prying into the privacy of another's residence
iii. meddling with or disturbing the private life or family relations of
another
iii. intriguing to cause another to be alienated from his friends
iv. vexing or humiliating another on account of his religious beliefs, lowly station in life.
Place of birth, physical defect, or other personal condition
5. UNFAIR COMPETITION
- 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)
7. MALICIOUS PROSECUTION
ELEMENTS;
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
9. NUISANCE
a. DEFINITION - any act, omission, establishment, condition of property, or anything else which:
i. injures or endangers the health or safety to others, or
ii. annoys or offends the senses, or
iii. shocks, defies, or disregards decency or morality, or
iv. obstructs or interferes with the free passage of any public highway or streets, or any body of water
v. hinders or impairs use of property
b. KINDS:
NUISANCE PER ACCIDENS - those which are in 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.
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Torts/Quasi-delicts
PRIVATE - one that is not included in the foregoing definition; affect an individual
or a limited number of individuals only
H. DAMAGES
Kinds of Damages: (MENTAL)
MORAL
EXEMPLARY
NOMINAL
TEMPERATE
ACTUAL
LIQUIDATED
1. ACTUAL/COMPENSATORY
- adequate compensation for
a) the value of loss suffered
b) profits which obligee failed to obtain
Exception:
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Torts/Quasi-delicts
a. provided by law
b. by stipulation
4. Attorney's fees
- as a general rule, attorney's fees (other than judicial costs) are not recoverable, except:
a) stipulation between parties
b) when exemplary damages are awarded
c) when defendant's act/omission compelled plaintiff to litigate with 3 rd persons or incur expenses to
protect his interest
d) malicious prosecution
e) clearly unfounded civil action or proceeding against plaintiff
f) defendant acted in gross & evident bad faith in refusing to satisfy plaintiff's just & demandable
claim
g) legal support actions
h) recovery of wages of household helpers, laborers & skilled workers
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Torts/Quasi-delicts
i) actions for indemnity under workmen's compensation and employer liability laws
j) separate civil action to recover civil liability arising from crime
k) when double judicial costs are awarded
5. Judicial costs
6. interest
- discretionary on part of the court
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
ELEMENTS:
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Torts/Quasi-delicts
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
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