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DOCTRINE OF LAST CLEAR CHANCE - case: Picart vs. Smith; relate to
Art.2185, NCC; applies to negligence of banks
Read the following cases: Pilapil vs. CA (force majeure); De Guzman vs. CA
Fortuitous event must be the proximate and only cause; fortuitous event in a
non-concurrence of the Senate to a treaty
Prohibition against recovery of damages twice (can recover the higher of the
two damages/ awards but never both)
Article 2183, NCC; animal causes damage to another)
STRICT LIABILITY TORT - defense: contributory negligence (not a
complete defense, merely reduces liability of defendant)
Case: Bataclan vs. Medina
Article 2180, NCC no longer controlling; no longer an alternative liability;
under the Family Code, parents are now jointly liable for torts caused by their
minor children in their custody
See RA 6809 amending the Family Code parents are liable for torts
committed by their children 18-21 years old but still living under their
company/ custody; liability under the Deep Pocket Rule
Case: Delgado vs. CA; Tamargo vs. CA
PRIOR RULE: A teacher is liable for damages if the school is a school of arts
and trades; NOW ABANDONED; case: Palisco vs. Brillantes; Amadora vs.
CA
CURRENT RULE: regardless of the nature of school, the school is liable for
school-administered activities in case of tortuous acts, e.g. during field trips
State is liable if it acts through a SPECIAL AGENT, because the State gives
its consent to be sued; case: Palafox vs. Ilocos Norte; Municipality of San
Fernando La Union vs. PNB
Employer-Employee Relationship; defense of the employer: diligence of a
good father of a family in the selection and supervision of the employer; case:
Mercury Drug vs. Huang
Case: Castilex Industrial Corp. vs. Vasquez; Filamer Christian Institute
Registered Owner Rule; recourse of registered owner against the buyer is to
file a third-party complaint
Case: R. Transport Co.; Domingo vs. Villanueva
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Art. 2190 in relation to Art. 1723, NCC liability of contractor for building
defects; case: Hospicio de San Jose vs. Findlay Miller Timber Co.; defense of
diligence of a good father of a family (otherwise, may be considered a joint
tortfeasor)
Defense of parents, teachers, employers, State: PATER FAMILIAS
Case: Filamer Christian Institute; note that the school was held liable even in
the absence of employer-employee relationship
Assumption of Risk, e.g. Boxing Match, baseball game; athlete
Prescriptive Period of four (4) years for filing an action for tort/quasi delict
Volenti Non Fit Injuria self-inflicted injury
Defenses: (1) Diligence of a good father of family; (2) Fortuitous events
(negligent cases) only if it is the proximate and only cause; different if it
concurs with actors negligence; actor is still liable
HUMAN RELATIONS read in reference to discussions under Persons and
Family Relations
Art. 19 the catch-all provision of the law; e.g. an action for damages
basedo on Art. 19 for one who fails to honor a perfected option contract when
he sells the property before the end of the period for exercising the option
Case: Padilla vs. CA; Velayo vs. Shell Co (Phil) GR No. L-7817 Oct. 31, 1956
Art. 21 purpose is to arrest a void in the law; case: Batara vs. Marcos (7 Phil
156/ No. 2929, Dec. 7, 1906)
Breach of promise to marry is not an actionable wrong in itself but if there is
an act independent of the breach which causes damage, an action for damages
under Art. 21 of the NCC shall prosper.
Rule 111 (Rules of Court) if acquittal is beyond reasonable doubt, accused
can still be held civilly liable; if acquittal is based on the fact that there is no
basis of the charge, accused cannot be held civilly liable
Case: Mendoza vs. Arieta; Chin vs. Nicdao
Article 22, NCC solution indebiti; unjust unrichment
Case: GSIS vs. CA
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More than one (1) aggravating circumstance is required to recover exemplary
damages
Art. 32 e.g. violation of freedom of religion moral damages may be awarded,
e.g. INC members/employees discarded because of closed-shop agreement
Art. 34 moral damages may be recovered from a police officer who refuses
to extend aid in cases of danger to life and property
Consider the economic and social standing of parties when awarding moral
damages
GENERAL RULE: A juridical person cannot be awarded moral damages; they
have no nervous system to experience wounded feelings; Exception: In cases
where the corporations name and reputation are besmirched
REMEMBER: In case of quasi-delict, in order to recover exemplary damages,
gross negligence must be proven; in criminal cases, prove the presence of
more than one (1) aggravating circumstance; in obligations and contracts, in
case of excessive penalties, the court may reduce the amount but may not
declare the liquidated amount of damages void.
With regard to the topic of nuisance, refer to the discussions under Property.
** nothing follows**
God bless for the Finals!