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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
1. Negligence - In action for Quasi Delict, plaintiff must prove negligence of defendant
Exception:
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
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C I V I L L AW (TORTS AND DAMAGES)
MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001
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 person’s 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
11. PRESCRIPTION
Reason:
1. public policy – deeper pocket/capacity to pay
2. violation of duty on account of relationship – he is negligent
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C I V I L L AW (TORTS AND DAMAGES)
MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001
a) PARENTS - The father, and in case of his death or incapacity, the mother are
responsible for damage caused by:
i. minor children
ii. who live in their company
Note: Father and Mother shall jointly exercise parental authority over common
children. In case of disagreement, father's decision shall prevail (art 211).
e) 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
Note:
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).
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.
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 – school’s 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
e. 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
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C I V I L L AW (TORTS AND DAMAGES)
MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001
f. PROPRIETOR OF BUILDING OR STRUCTURE - responsible for the damages
resulting from any of the ff.:
i. total or partial collapse of building or structure if due to lack of
necessary repairs
ii. 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
iii. by excessive smoke, which may be harmful to persons or property
iv. by falling of trees situated at or near highways or lanes, if not
caused by force majeure
v. by emanations from tubes, canals, sewers or deposits of
infectious matter, constructed without precautions suitable to the
place
G. SPECIAL TORTS
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
ELEMENTS:
i. In the exercise of his legal right or duty
ii. Willfully or negligently causes damage to another
ELEMENTS:
i. There is an act which is legal
ii. But which is contrary to morals, good custom, public order or
public policy
iii. And it is done with intent to injure
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
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
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.
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
Exception:
a. provided by law
b. by stipulation
SPECIAL DAMAGES - damages which are the natural, but not the
necessary and inevitable result of the wrongful act; need to be pleaded
2.) Pray for the relief that claim for loss be granted
3.) Prove the loss
Damages recoverable:
1. Medical & Hospital Bills
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 3rd
persons or incur expenses to protect his interest
d) malicious prosecution
e) clearly unfounded civil action or proceeding against plaintiff
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C I V I L L AW(TORTS AND DAMAGES)
MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001
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
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
Notes:
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
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:
a. Plaintiff has a right
b. Right of plaintiff is violated
c. Purpose is not to identify but vindicate or recognize right violated
REQUISITES:
a. Some pecuniary loss
b. Loss is incapable of pecuniary estimation
c. Must be reasonable