Chapter 1
General Considerations
1. Tort defined
- ‘torquere’ meaning ‘to twist.’
- unlawful violation of private right, not
created by contract, and which gives rise to
an action for damages.
- There must always be violation of some duty
that must arise by operation of law and not
by mere agreement of the parties
2. Philippines tort law
a. Sources
- NCC 1157, 2176-2194 (extra contractual
obligation)
- Special laws
b. scope and applicable laws
1. Catch-all provisions
Art. 19, 20 and 21 of the NCC
2. Expanded scope of Quasi-Delict.
acquittal from an accusation of criminal
negligence, whether on reasonable doubt
or not, shall not be a bar to a subsequent
civil action, not for civil liability arising
from criminal negligence, but for
damages due to a quasi-delict or “culpa
aquiliana.’’ But said article forestalls a
double recovery.
3. View that Art. 2176 is limited to
negligence.
4. Purposes of tort law
(a) to provide a peaceful means for
adjusting the rights of parties who might
otherwise take the law into their own
hands;
(b) deter wrongful conduct;
(c) to encourage socially responsible
behaviour; and
(d) to restore injured parties to their
original condition, insofar as the law can
do this, by compensating them for their
injury.
- The purpose of the law of torts is to
adjust these losses and to afford
compensation for injuries sustained by
one person as the result of the conduct
of another.
5. Fundamental principles
a. equity and justice.
b. democracy.
c. human personality exalted.
6. justifications of tort liability
a. moral perspective.
b. social and economic perspective.
7. persons who can sue and be sued for tort
a. plaintiffs: persons who are entitled to
damages
b. defendants: persons who may be held
liable.
8. REMEDIES
Legal remedies are either preventive or
compensatory.
Chapter 2
1. KINDS OF NEGLIGENCE
Culpa contractual, culpa aquiliana and criminal
negligence.
A. STATUTORY BASIS AND REQUISITES.
1. Quasi-delict (art 2176)
a. an act or omission constituting fault
or negligence;
b. b damage caused by the said act or
omission;
c. the causal relation between the
damage and the act or omission.
2. Delict.
Criminal negligence, on the other hand, is
governed by Article 365 of the Revised
Penal Code
3. Contract.
Culpa contractual is governed by the Civil
Code provisions on Obligations and
Contracts particularly Articles 1170 to
1174.
B. DISTINCTIONS.
1. Culpa Aquiliana distinguished from Culpa
Contractual.
In culpa contractual, the foundation of
the liability of the defendant is the
contract. Culpa aquiliana is a separate
source of obligation independent of
contract.
2. Culpa aquiliana distinguished from crimes.
a) Crimes affect the public interest,
while cuasi-delitos are only of private
concern;
b) The Penal Code punishes or corrects
criminal act, while the Civil Code, by
means of indemnification, merely
repairs the damage;
c) Delicts are not as broad as quasi-
delicts, because the former are
punished only if there is a penal law
clearly covering them, while the
latter, cuasi-delitos, include all acts in
 which any kind of fault or negligence f. Social Value or Utility of Activity.
intervenes; and g. Person Exposed to the Risk.
d) The liability of the employer of the
actor-employee is subsidiary in
crimes while his liability is direct and
primary in quasi-delict.

C. CONCURRENCE OF CAUSES OF ACTION.

1. It should be noted, however, that a single
act or omission may give rise to two or more
causes of action. The obligation based on one
is separate and distinct from the other.

2. CONCEPT OF NEGLIGENCE
A. Definition and test of negligence.
Article 1173 defines negligence as the omission of
that degree of diligence which is required by the
nature of the obligation and corresponding to the
circumstances of persons, time and place.
B. Negligence is conduct.
What is important in the determination of the
presence or absence of negligence is whether the
person who is sought to be held liable omitted to
do something which a reasonable man would do
or did something which a reasonable man would
not do.
C. Unreasonable or undue risks.
Negligence, as it is commonly understood is a
conduct that creates an undue risk of harm to
others. in negligence, risk means a danger which
is apparent, or should be apparent, to one in the
position of the actor. Such type of risk is
unreasonable risk. If such unreasonable risk
results in injury to the plaintiff, the latter can
recover from the defendant.
D. Foreseeability.
Could a prudent man, in the case under
consideration, foresee harm as a result of the
course actually pursued?”
E. Probability.
If there is a great probability and risk that
damage will result, a person is negligent if he did
not exercise due diligence in the face of such
great probability.

CALCULATION OF RISK
1. Circumstances to consider.
a. Time. the time of the day may affect the
diligence required of the actor.
b. Place.
c. Emergency.
d. Gravity of Harm to be Avoided.
e. Alternative Course of Action.