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San Beda College of Law

215
MEMORY AID IN CIVIL LAW
TORTS AND DAMAGES
I. TORTS
TORT
An unlawful violation of private
right, not created by contract,
and which gives rise to an action
for damages.
It is an act or omission producing
an injury to another, without any
previous existing lawful relation
of which the said act or omission
may be said to be a natural
outgrowth or incident.
NOTES:
An unborn child is NOT
entitled to damages. ut
the bereaved parents
may be entitled to
damages, on damages
inflicted directly upon
them. !Geluz vs. CA, 2
SCRA 802"
#efendants in tort cases
can either be natural or
artificial being.
$orporations are civilly
liable in the same
manner as natural
persons.
Any person who has been
injured by reason of a
tortious conduct can sue
the tortfeasor.
The primary purpose of a
tort action is to provide
compensation to a
person who was injured
by the tortious conduct
of the defendant.
%reventive remedy is
available in some cases.
Classes of Torts:
A. Negligent Torts
. Intentional Torts
$. &trict 'iability
A. NEGLIGENT TORTS
Involve voluntary acts or omissions
which result in injury to others
without intending to cause the same
or because the actor fails to exercise
due care in performing such acts or
omissions.
NEGLIGENCE
The omission of that degree of
diligence which is re(uired by the
nature of the obligation and
corresponding to the circumstances
of persons, time and place. !Article
1173 Civil Code"
Kinds of Negligence:
1. Culpa Contractual !contractual
negligence"
)overned by $$
provisions on
Obligations and
$ontracts,
particularly Arts.
**+, to **+- of the
$ivil $ode.
2. Culpa Aquiliana !quasi-delict"
)overned mainly by Art. .*+/ of the
$ivil $ode
3. Culpa Criminal !criinal negligence"
)overned by Art. 0/1 of the 2evised
%enal $ode.
NOTES:
The 0 3inds of negligence furnish
separate, distinct, and independent
bases of liability or causes of action.
A single act or omission may give rise
to two or more causes of action.
Cula Contractual Cula A!uiliana
CIVIL LAW COMMITTEE
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON : Vida Bocar, Joyce Vidad EDP : Alnaia Ha!!iman, Doro"#y $ayon
S%BJECT HEADS: C#ri!"o&#er Rey 'ara!i(an )Per!on! and *amily Rela"ion!+, Ale,andro Ca!a-ar)Pro&er"y+, 'a.
R#odora
*errer).ill! and Succe!!ion+, Ian Dominic Pua)O-li(a"ion! and Con"rac"!+, S#a Eli,a# Dumama)Sale! and /ea!e+,
Jo#n S"e&#en
0uiam-ao)PAT+, C#ri!"o&#er Ca-i(ao)Credi" Tran!ac"ion!+, /i(aya Ali&ao)Tor"! and Dama(e!+, An"#ony
Pur(anan)/TD+,
'a. Rica!ion Tu(adi )Con1lic"! o1 /a2+
San Beda College of Law
216
MEMORY AID IN CIVIL LAW
The foundation of
the liability of the
defendant
is the contract
It is a separate
source of obligation
independent of
contract
In breach of contract
committed through
the negligence of
employee, the
employer cannot
erase his primary and
direct liability by
invo3ing exercise of
diligence of a good
father of a family in
the selection and
supervision of the
employee.
In (uasi4delict the
presumptive
responsibility for the
negligence of his
servants can be
rebutted by proof of
the exercise of due
care in their selection
and supervision.
Cula A!uiliana Cri"e
Only involves private
concern
Affect the public
interest
The $ivil $ode by
means of indem4
nification merely
repairs the damage
The 2evised %enal
$ode punishes or
corrects criminal act
Includes all acts in
which any 3ind of
fault or negligence
intervenes
%unished only if there
is a penal law clearly
covering them
'iability is direct and
primary in (uasi4
delict
'iability of the
employer of the
actor4employee is
subsidiary in crimes
#$ASI%DELICT
5hoever by act or omission causes
damage to another, there being fault
or negligence is obliged to pay for
the damage done. !Article .*+/ $ivil
$ode"
Essential Re!uisites for a !uasi%
delictual action:
*. Act or omission constituting fault or
negligence6
2. #amage caused by the said act or
omission6 and
0. $ausal relation between the damage
and the act or omission.
Tests of Negligence
*. #id the defendant in doing the
alleged negligent act use the
reasonable care and caution which
an ordinarily prudent person would
have used in the same situation7
If not then he is guilty of
negligence.
.. $ould a prudent man, in the case
under consideration, foresee harm as
a result of the course pursued7
If so, it was the duty of the actor
to ta3e precautions to guard
against harm.
NOTES:
Negligence is a conduct 4 the
determination of the existence of
negligence is concerned with what
the defendant did or did not do
The state of mind of the actor is
not important6 good faith or use of
sound judgment is immaterial. The
existence of negligence in a given
case is not determined by reference
to the personal judgment but by the
behavior of the actor in the situation
before him. !!icart vs. Sit"#
Negligence is a conduct that creates
an undue ris3 of harm to others.
The determination of negligence is a
(uestion of foresight on the part of
the actor 8 9O2:&:AI'IT;.
:ven if a particular injury was
not foreseeable, the ris3 is still
foreseeable if possibility of
injury is foreseeable.
9orseeability involves the
(uestion of %2OAI'IT;, that is,
the existence of some real
li3elihood of some damage and
the li3elihood is of such
appreciable weight reasonably to
induce, action to avoid it.
Calculation of Ris&
Interests are to be balanced only in
the sense that the purposes of the
actor, the nature of his act and the
harm that may result from action or
inaction are elements to be
considered.
Circu"stances to consider in
deter"ining negligence: '(EST%GA()
*. Time
.. %lace
0. :mergency
CIVIL LAW COMMITTEE
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON : Vida Bocar, Joyce Vidad EDP : Alnaia Ha!!iman, Doro"#y $ayon
S%BJECT HEADS: C#ri!"o&#er Rey 'ara!i(an )Per!on! and *amily Rela"ion!+, Ale,andro Ca!a-ar)Pro&er"y+, 'a.
R#odora
*errer).ill! and Succe!!ion+, Ian Dominic Pua)O-li(a"ion! and Con"rac"!+, S#a Eli,a# Dumama)Sale! and /ea!e+,
Jo#n S"e&#en
0uiam-ao)PAT+, C#ri!"o&#er Ca-i(ao)Credi" Tran!ac"ion!+, /i(aya Ali&ao)Tor"! and Dama(e!+, An"#ony
Pur(anan)/TD+,
'a. Rica!ion Tu(adi )Con1lic"! o1 /a2+
San Beda College of Law
217
MEMORY AID IN CIVIL LAW
E"ergenc* rule
G$%$RA& R'&$( An individual who
suddenly finds himself in a situation
of danger and is re(uired to act
without much time to consider the
best means that may be adopted to
avoid the impending danger is not
guilty of negligence if he fails to
underta3e what subse(uently and
upon reflection may appear to be a
better solution.
$)C$!*+,%( 5hen the emergency
was brought by the individual<s own
negligence. !-alenzuela vs. CA 2.3
SCRA 303".
-. )ravity of =arm to be
avoided
1. Alternative $ourse of Action
If the alternative
presented to the actor is too
costly, the harm that may result
may be still be considered
unforeseeable to a reasonable
man.
/. &ocial value or utility of
activity
+. %erson exposed to the ris3
GOOD +AT,ER O+ A +AMIL- 'pater
familias):
4 this is the standard of conduct used in
the %hilippines
4 a man of ordinary intelligence and
prudence or an ordinary reasonable
prudent man
a reasonable man deemed to have
3nowledge of the facts that a man should
be expected to 3now based on ordinary
human experience. /!%R vs +AC, 217
SCRA 001#
4 a prudent man who is expected to 3now
the basic laws of nature and physics, e.g.
gravity.
SPECIAL RULES
.. C/ildren
The action of the child will not
necessarily be judged according to
the standard of an adult. ut if the
minor is mature enough to
understand and appreciate the
nature and conse(uence of his
actions, he will be considered
negligent if he fails to exercise due
care and precaution in the
commission of such acts.

NOTES:
The law fixes no arbitrary age at
which a minor can be said to have
the necessary capacity to understand
and appreciate the nature and
conse(uence of his acts. !*a2lor vs.
3eralco, 14 !"il 8"
Applying the provisions of the
2evised %enal $ode, >udge &angco
ta3es the view that a child who is ?
or below is conclusively presumed to
be incapable of negligence. In the
other hand, if the child is above ?
years but below *1, there is a
disputable presumption of absence
of negligence.
Absence of negligence does not
necessarily mean absence of
liability.
'iability without fault@ a child under
? years can still be subsidiarily liable
with his property !Art. *,,, 2%$"
Absence of negligence of the child
may not excuse the parents from
their vicarious liability under Art.
.*A, N$$ or Art. ..* 9$.
0. (/*sical Disa1ilit*
Bere wea3ness of a person will
not be an excuse in negligence
cases.
=owever if defect amounts to a
real disability the standard of
conduct is that of a reasonable
person under li3e disability.
2. E3erts and rofessionals
They should exhibit the care and
s3ill of one who is ordinarily
s3illed in the particular field that
he is in.
5hen a person holds himself out
as being competent to do things
re(uiring professional s3ill, he
will be held liable for negligence
if he fails to exhibit the care and
s3ill of one ordinarily s3illed in
the particular wor3 which he
attempts to do.
CIVIL LAW COMMITTEE
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON : Vida Bocar, Joyce Vidad EDP : Alnaia Ha!!iman, Doro"#y $ayon
S%BJECT HEADS: C#ri!"o&#er Rey 'ara!i(an )Per!on! and *amily Rela"ion!+, Ale,andro Ca!a-ar)Pro&er"y+, 'a.
R#odora
*errer).ill! and Succe!!ion+, Ian Dominic Pua)O-li(a"ion! and Con"rac"!+, S#a Eli,a# Dumama)Sale! and /ea!e+,
Jo#n S"e&#en
0uiam-ao)PAT+, C#ri!"o&#er Ca-i(ao)Credi" Tran!ac"ion!+, /i(aya Ali&ao)Tor"! and Dama(e!+, An"#ony
Pur(anan)/TD+,
'a. Rica!ion Tu(adi )Con1lic"! o1 /a2+
San Beda College of Law
21
MEMORY AID IN CIVIL LAW
An expert will not be judged
based on what a non4expert can
foresee.
The rule regarding experts is
applicable not only to
professionals who have
undergone formal education.
4. Nature of acti5it*
There are activities which by
nature impose duties to exercise
a higher degree of diligence.
$5a6les(
a. 7an8s, by the very
nature of their wor3, are
expected to exercise the
highest degree of
diligence in the selection
and supervision of their
employees.
b. Coon carriers are
re(uired to exercise
extraordinary diligence
in the vigilance over
their passengers and
transported goods.
!Article 1733 Civil Code".
6. Into3ication
G$%$RA& R'&$( Bere intoxication is
not negligence, nor does the mere fact
of intoxication establish want of ordinary
care. ut it may be one of the
circumstances to be considered to prove
negligence.
$)C$!*+,%( Cnder Art. 218. o9 t"e
Civil Code, it is presumed that a person
driving a motor vehicle has been
negligent if at the time of the mishap,
he was violating any traffic regulation.
7. Insanit*
The insanity of
a person does
not excuse him
or his guardian
from liability
based on (uasi4
delict.
7ases 9or
"olding an
insane 6erson
lia:le 9or "is
tort(
a.5here one of two innocent persons
must suffer a loss, it should be
borne by the one who occasioned
it.
b. To induce those interested in the
estate of the insane person to
restrain and control him.
c.The fear that an insanity would
lead to false claims of insanity
and avoid liability.
8. 9o"en
In determining the
(uestion of contributory
negligence in performing
such act, the age, sex,
and condition of the
passengers are
circumstances
necessarily affecting the
safety of the passenger,
and should be
considered. !Cangco vs.
3anila Railroad Co. GR
%o.12111, ,cto:er 10,
1118"
Although there is no
une(uivocal statement of
the rule, -alenzuela vs.
CA 2.3SCRA303 appears
to re(uire a different
standard of care for
women under the
circumstances indicated
therein.
=owever, #ean )uido
$alabresi believes that
there should be a
uniform standard
between a men and a
women.
Ot/er +actors to Consider in
Deter"ining Negligence:
A. :IOLATION O+ R$LES AND
STAT$TES
*. &tatutes
G$%$RA& R'&$( Diolation of a
statutory duty is N:)'I):N$: %:2 &:
!Ci6riano vs. CA, 243SCRA711". 5hen the
'egislature has spo3en, the standard of
care re(uired is no longer what a
reasonably prudent man would do under
CIVIL LAW COMMITTEE
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON : Vida Bocar, Joyce Vidad EDP : Alnaia Ha!!iman, Doro"#y $ayon
S%BJECT HEADS: C#ri!"o&#er Rey 'ara!i(an )Per!on! and *amily Rela"ion!+, Ale,andro Ca!a-ar)Pro&er"y+, 'a.
R#odora
*errer).ill! and Succe!!ion+, Ian Dominic Pua)O-li(a"ion! and Con"rac"!+, S#a Eli,a# Dumama)Sale! and /ea!e+,
Jo#n S"e&#en
0uiam-ao)PAT+, C#ri!"o&#er Ca-i(ao)Credi" Tran!ac"ion!+, /i(aya Ali&ao)Tor"! and Dama(e!+, An"#ony
Pur(anan)/TD+,
'a. Rica!ion Tu(adi )Con1lic"! o1 /a2+
San Beda College of Law
21!
MEMORY AID IN CIVIL LAW
the circumstances but what the
'egislature has commanded.
$)C$!*+,%S(
a. 5hen unusual conditions
occur and strict observance may
defeat the purpose of the rule and
may even lead to adverse results.
b. 5hen the statute
expressly provides that violation of
a statutory duty merely establishes
a presumption of negligence.
NOTE: Rule as to 6roo9 o9 6ro5iate
cause
G$%$RA& R'&$( %laintiff must show
that the violation of the statute is the
proximate or legal cause of the injury
or that it substantially contributed
thereto. !Sanitar2 Stea &aundr2, +nc.
vs. CA 300SCRA20"
$)C$!*+,%( In cases where the
damage to the plaintiff is the damage
sought to be prevented by the statute.
In such cases, proof of violation of
statute and damage to the plaintiff
may itself establish proximate cause.
!*eague vs. ;ernandez .1SCRA181".
..Administrative 2ule
Diolation of a
rule
promulgated
by
administrative
agencies is not
negligence per
se but may be
:DI#:N$: O9
N:)'I):N$:.
0.%rivate 2ules of $onduct.
Diolation of
rules imposed
by private
individuals
!e.g.
employers" is
merely a
%O&&I':
:DI#:N$: O9
N:)'I):N$:.
;. (RACTICE AND C$STOM
$ompliance with the practice and
custom in a community will not
automatically result in a finding
that the actor is not guilty of
negligence. Non4compliance with
the practice or custom in the
community does not necessarily
mean that the actor was negligent.
In <aada vs. 3anila Railroad Co.,
the owner of an automobile struc3
by a train while crossing the trac3s
sought to establish absence of
negligence of its driver by
evidence of a custom of
automobile drivers of Banila by
which they habitually drove their
cars over the railroad crossings
without slac3ening speed. The &$
rejected the argument by ruling
that@ a practice which is dangerous
to human life cannot ripen into
custom which will protect anyone
who follows it.
C. COM(LIANCE 9IT, STAT$TES
$ompliance with a statute is not
conclusive that there was no
negligence.
$5a6le( A defendant can still be
held liable for negligence even if
he can establish that he was
driving below the speed limit.
$ompliance with the speed limit is
not conclusive that he was not
negligently driving his car.
Gross Negligence 4 Negligence where
there is Ewant of even slight care and
diligence.F
(ROO+ O+ NEGLIGENCE
G$%$RA& R'&$@
If the plaintiff alleged in his
complaint that he was damaged
because of the negligent acts of
the defendant, the plaintiff has
the buren of pro!in" such
ne"li"ence. !*a2lor vs.
3$RA&C, 14!"il8"
The (uantum of proof re(uired is
6re6onderance o9 evidence.
CIVIL LAW COMMITTEE
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON : Vida Bocar, Joyce Vidad EDP : Alnaia Ha!!iman, Doro"#y $ayon
S%BJECT HEADS: C#ri!"o&#er Rey 'ara!i(an )Per!on! and *amily Rela"ion!+, Ale,andro Ca!a-ar)Pro&er"y+, 'a.
R#odora
*errer).ill! and Succe!!ion+, Ian Dominic Pua)O-li(a"ion! and Con"rac"!+, S#a Eli,a# Dumama)Sale! and /ea!e+,
Jo#n S"e&#en
0uiam-ao)PAT+, C#ri!"o&#er Ca-i(ao)Credi" Tran!ac"ion!+, /i(aya Ali&ao)Tor"! and Dama(e!+, An"#ony
Pur(anan)/TD+,
'a. Rica!ion Tu(adi )Con1lic"! o1 /a2+
San Beda College of Law
22"
MEMORY AID IN CIVIL LAW
!Rule 133 Revised Rules o9
Court"
$)C$!*+,%S( :xceptional cases when
the rules or the law provides for cases
when negligence is presumed.
A. %resumptions of Negligence
B. 2es Ipsa 'o(uitur
A. (resu"tions of Negligence
1. In motor vehicle
mishaps, the owner is
presumed negligent if he
was in the vehicle and he
could have used due
diligence to prevent the
misfortune. !Article 2180
Civil Code"
2. It is disputably presumed
that a driver was
negligent if he had been
found guilty of rec3less
driving or violating
traffic regulations at
least twice for the next
preceding two months.
!Article 2180 Civil Code"
3. The driver of a motor
vehicle is presumed
negligent if at the time
of the mishap, he was
violating any traffic
regulation. !Article 218.
Civil Code"
4. G$%$RA& R'&$( %rima
facie presumption of
negligence of the
defendant arises if death
or injury results from his
possession of dangerous
weapons or substance.
$)C$!*+,%( 5hen such possession or
use is indispensable to his occupation or
business. !Article 2188 Civil Code"
5. G$%$RA& R'&$(
%resumption of
negligence of the
common carrier arises in
case of loss, destruction
or deterioration of the
goods, or in case of
death or injury of
passengers.
$)C$!*+,%( Cpon proof of exercise of
extraordinary diligence.
;. Res Isa Lo!uitur
E*"e t"ing or transaction s6ea8s
9or itsel9.F
It is a rule of evidence peculiar
to the law of negligence which
recogniGes that prima facie
negligence may be established in
the absence of direct proof, and
furnishes a substitute for specific
proof of negligence.
Re!uisites of Res Isa Lo!uitor:
*. The accident was of a 3ind which
ordinarily does not occur in the
absence of someone<s negligence6
2. The instrumentality which
caused the injury was under the
exclusive control and management of
the person charged with negligence6
and
0. The injury suffered must not
have been due to any voluntary
action or contribution on the part of
the person injured6 absence of
explanation by the defendant.
In A9rica vs. Calte5 /!"il.# +nc.
3ar 31, 1144, defendant $altex
was liable for damage done to
the property of its neighbors
when fire bro3e out in a $altex
service station. The gasoline
station, with all its appliances,
e(uipment and employees, was
under the control of the
defendant. The persons who
3new how the fire started were
the defendant and its
employees, but they gave no
explanation whatsoever.
The doctrine is not applicable if
there is direct proof of absence
or presence of negligence. !S.=.
3artinez, et al vs. >illia -an
7us8ir8"
CIVIL LAW COMMITTEE
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON : Vida Bocar, Joyce Vidad EDP : Alnaia Ha!!iman, Doro"#y $ayon
S%BJECT HEADS: C#ri!"o&#er Rey 'ara!i(an )Per!on! and *amily Rela"ion!+, Ale,andro Ca!a-ar)Pro&er"y+, 'a.
R#odora
*errer).ill! and Succe!!ion+, Ian Dominic Pua)O-li(a"ion! and Con"rac"!+, S#a Eli,a# Dumama)Sale! and /ea!e+,
Jo#n S"e&#en
0uiam-ao)PAT+, C#ri!"o&#er Ca-i(ao)Credi" Tran!ac"ion!+, /i(aya Ali&ao)Tor"! and Dama(e!+, An"#ony
Pur(anan)/TD+,
'a. Rica!ion Tu(adi )Con1lic"! o1 /a2+
San Beda College of Law
221
MEMORY AID IN CIVIL LAW
A++IRMATI:E D$TIES AND
MISCELLANEO$S ACTI:ITIES:
.. Dut* to Rescue
A. #uty to the rescuer
The defendants are liable for
the injuries to persons who
rescue people in distress
because of the acts or
omissions of the said
defendants.
There is liability to the
rescuer and the law does not
discriminate between the
rescuer oblivious to the peril
and the one who counts the
costs.
The ris3 of rescue, if only not
wanton, is born of the
occasion.
One who was hurt trying to
rescue another who was
injured through negligence
may recover damages.
!Santiago vs. =e leon CA-GR
%o.14180-R 3arc" 21, 1140"
#anger of personal injury or
death.
. #uty to rescue
G$%$RA& R'&$( There is no general
duty to rescue6 a person is not liable for
(uasi4delict even if he did not help a
person in distress.
$)C$!*+,%S( A limited duty to rescue
is imposed in certain cases@
Abandonment of persons in danger and
abandonment of one<s own victim is
considered, under certain circumstances
as a crime against security !Article 27.
R!C"6 and
No driver of a motor vehicle concerned
in a vehicular accident shall leave the
scene of the accident without aiding the
victim unless he is excused from doing
so. /Section .. RA 0134 ?&and
*rans6ortation and tra99ic Code@#
0. O<ners= (rorietors and (ossessors
of (roert*
G$%$RA& R'&$( The owner has no duty
to ta3e reasonable care towards a
trespasser for his protection or even to
protect him from concealed danger.
NOTE: #amage to any person resulting
from the exercise of any rights of
ownership is damage without injury
/=anu a:sque inAuria#
$)C$!*+,%S(
a. Disitors and tolerated possession
The owner is still liable if the
plaintiff is inside his property by
tolerance or by implied permission.
Owners of buildings or
premises owe duty of care to
visitors.
#octrine of Attractive Nuisance
One who maintains on his premises
dangerous instrumentalities or
appliances of a character li3ely to
attract children in play, and who
fails to exercise ordinary care to
prevent children from playing
therewith or resorting thereto, is
liable to a child of tender years who
is injured thereby, even if the child
is technically a trespasser in the
premises.
NOTE: A swimming pool or pond or
reservoir of water is NOT considered
attractive nuisance. !Bidalgo
$nter6rises vs. 7aladan 11 !"il 088"
&tate of Necessity
The owner of a thing has no right to
prohibit the interference of another
with the same if the interference is
necessary to avert imminent danger
and the threatened damage,
compared to the damage arising to
the owner from the interference, is
much greater. !Article 032 Civil
Code"
It is also a recogniGed justifying
circumstance under the 2%$.
In both the $ivil $ode and the
2%$, the owner may demand from
the person benefited, indemnity for
the damages.
$se of roerties t/at in>ures anot/er
An owner cannot use his property
in such a manner as to injure the
CIVIL LAW COMMITTEE
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON : Vida Bocar, Joyce Vidad EDP : Alnaia Ha!!iman, Doro"#y $ayon
S%BJECT HEADS: C#ri!"o&#er Rey 'ara!i(an )Per!on! and *amily Rela"ion!+, Ale,andro Ca!a-ar)Pro&er"y+, 'a.
R#odora
*errer).ill! and Succe!!ion+, Ian Dominic Pua)O-li(a"ion! and Con"rac"!+, S#a Eli,a# Dumama)Sale! and /ea!e+,
Jo#n S"e&#en
0uiam-ao)PAT+, C#ri!"o&#er Ca-i(ao)Credi" Tran!ac"ion!+, /i(aya Ali&ao)Tor"! and Dama(e!+, An"#ony
Pur(anan)/TD+,
'a. Rica!ion Tu(adi )Con1lic"! o1 /a2+
San Beda College of Law
222
MEMORY AID IN CIVIL LAW
rights of others. !Article 031
Civil Code".
=ence the exercise of the right
of the owner may give rise to an
action based on (uasi4delict if
the owner negligently exercises
such right to the prejudice of
another.
&ia:ilit2 o9 !ro6rietors o9 :uildings
New $ivil $ode include provisions
that apply to proprietors of a
building or structure which
involve affirmative duty of due
care in maintaining the same@
Articles .*?, and .*?*.
Third persons who suffered
damages may proceed only
against the engineer or architect
or contractor if the damage
referred to in Articles .*?, and
.*?*should be a result of any
defect in construction.
Nevertheless, actions for
damages can still be maintained
under Article .*+/ for damages
resulting from proprietor<s
failure to exercise due care in
the maintenance of his building
and that he used his property in
such a way that he injured the
property of another.
2. E"lo*ers and E"lo*ees
A. E"lo*ers
Actions for (uasi4delict can
still be maintained even if
employee<s compensation is provided
for under the 'abor $ode.
In (uasi4delictual actions
against the employer, the employee
may use the provisions of the 'abor
$ode which imposes upon the
employer certain duties with respect
to the proper maintenance of the
wor3 place or the provisions of
ade(uate facilities to ensure the
safety of the employees.
Articles *+** and *+*. of
the $ivil $ode impose liability
without fault on the part of the
employers.
;. E"lo*ees
:mployees are bound to exercise due
care in the performance of their
functions for the employers6 absence
such due care, the employee may be
held liable.
4. ;an&s
The business of ban3s is one
affected by public interest.
ecause of the nature of its
functions, a ban3 is under
obligation to treat the
accounts of its depositors with
"eticulous care, always
having in mind the fiduciary
nature of their relationship.
!!7C vs. CA ?1117@"
6. Co""on carriers
9rom the nature of their
business and for reasons of
public policy, they are bound
to exercise extraordinary
diligence in the vigilance over
the goods and the safety of the
passengers.
The case against the common
carrier is for the enforcement
of an obligation arising from
breach of contract.
The same act which breached
the contract may give rise to
an action based on (uasi
delict. /Air ;rance vs
Carrascoso, &21038, Se6t. 28,
1114#
7. Doctors
A. &TAN#A2# O9 $A2:
The proper standard is
whether, the physician if a
general 6ractitioner, has
exercised the degree of care
and s3ill of the average
(ualified practitioner, ta3ing
into account the advances in
the profession.
A physician who holds himself
out as a s6ecialist should be
held to the standard of care
and s3ill of the average
member of the profession
practicing the specialty, ta3ing
CIVIL LAW COMMITTEE
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON : Vida Bocar, Joyce Vidad EDP : Alnaia Ha!!iman, Doro"#y $ayon
S%BJECT HEADS: C#ri!"o&#er Rey 'ara!i(an )Per!on! and *amily Rela"ion!+, Ale,andro Ca!a-ar)Pro&er"y+, 'a.
R#odora
*errer).ill! and Succe!!ion+, Ian Dominic Pua)O-li(a"ion! and Con"rac"!+, S#a Eli,a# Dumama)Sale! and /ea!e+,
Jo#n S"e&#en
0uiam-ao)PAT+, C#ri!"o&#er Ca-i(ao)Credi" Tran!ac"ion!+, /i(aya Ali&ao)Tor"! and Dama(e!+, An"#ony
Pur(anan)/TD+,
'a. Rica!ion Tu(adi )Con1lic"! o1 /a2+
San Beda College of Law
22#
MEMORY AID IN CIVIL LAW
into account the advances in
the profession.
. T=: $A%TAIN O9 T=: &=I% #O$T2IN:
The head surgeon is made
liable for everything that goes
wrong within the four corners
of the operating room.
It enunciates the liability of
the surgeon not only for the
wrongful acts of those under
his physical control but also
those wherein he has extension
of control.
$. NOT 5A22ANTO2&
%hysicians are not warrantors
of cures or insurers against
personal injuries or death of
the patient.
#. %2OO9
$56ert testion2 should be
offered to prove that the
circumstances are constitutive
of conduct falling below the
standard of care employed by
other physicians in good
standing when performing the
same operation.
Bedical malpractice can also
be established by relying on
the doctrine of res i6sa
loquitor6 in which case the
need of expert testimony is
dispensed with because the
injury itself provides the proof
of negligence. !Raos vs. CA,
GR %o.1203.0, =ece:er 21,
1111"
:xample@ The doctrine was
applied in a case of removal of
the wrong part of the body
when another part was
intended.
#$o pron"e e!ience%
a. :vidence as to the
recogniGed standards of the medical
community in the particular 3ind of
case6 and
b. A showing that the
physician departed from this
standard in his treatment.
&our elements
in meical
ne"li"ence
cases: duty,
breach, injury
and proximate
causation
:. 'IAI'IT; O9 =O&%ITA'& AN#
$ON&C'TANT&
There is no employer4employee
relationship between the
hospital and a physician
admitted in the said hospital<s
medical staff as an active or
visiting consultant which would
hold the hospital liable solidarily
liable for the injury suffered by a
patient under Article .*A, of the
$ivil $ode. !Raos vs. CA GR %o
1203.0, A6ril 11, 2002"
The contract between the
consultant an the patient is
separate and distinct the
contract between the hospital
an the patient. The 9irst has
for its object the rendition of
medical services by the
consultant to the patient, while
the second concerns the
provision by the hospital of
facilities and services by its staff
such as nurses and laboratory
personnel necessary for the
proper treatment of the patient.
!Raos vs. CA GR %o 1203.0,
A6ril 11, 2002"
8. La<*ers
An attorney is not bound to
exercise extraordinary
diligence but only a reasonable
degree of care and s3ill, having
reference to the business he
underta3es to do.
DE+ENSES IN NEGLIGENCE CASES
Kinds of defenses:
A. $omplete 8 completely bars
recovery
. %artial 8 mitigates liability
.. (LAINTI++S COND$CT AND
CONTRI;$TOR- NEGLIGENCE
CIVIL LAW COMMITTEE
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON : Vida Bocar, Joyce Vidad EDP : Alnaia Ha!!iman, Doro"#y $ayon
S%BJECT HEADS: C#ri!"o&#er Rey 'ara!i(an )Per!on! and *amily Rela"ion!+, Ale,andro Ca!a-ar)Pro&er"y+, 'a.
R#odora
*errer).ill! and Succe!!ion+, Ian Dominic Pua)O-li(a"ion! and Con"rac"!+, S#a Eli,a# Dumama)Sale! and /ea!e+,
Jo#n S"e&#en
0uiam-ao)PAT+, C#ri!"o&#er Ca-i(ao)Credi" Tran!ac"ion!+, /i(aya Ali&ao)Tor"! and Dama(e!+, An"#ony
Pur(anan)/TD+,
'a. Rica!ion Tu(adi )Con1lic"! o1 /a2+
San Beda College of Law
22$
MEMORY AID IN CIVIL LAW
a. Plaintiffs o$n
ne"li"ence as the pro'imate
cause
5hen the plaintiffs own
negligence was the immediate and
proximate cause of his injury, he
cannot recover damages. !Article
2171 Civil Code"
b. Contributor(
ne"li"ence
$onduct on the part of the
injured party contributing as a
legal cause to the harm he has
suffered which falls below the
standard to which he is re(uired to
conform for his own protection.
!-alenzuela vs. CA 2.3SCRA303"
If the plaintiffs negligence was
only contributory, the immediate
and proximate cause of the injury
being the defendant<s lac3 of due
care, the plaintiff may recover
damages but the courts shall
mitigate the damages to be
awarded !Article 2171 Civil Code".
Doctrine of Co"arati5e
Negligence
The
relative degree of negligence of
the parties is considered in
determining whether and to what
degree, either should be
responsible for his negligence
!a66ortionent o9 daages#.
This is
the doctrine being applied in our
jurisdiction wherein the
contributory negligence of the
plaintiff does not completely bar
recovery but merely results in
mitigation of liability6 it is a partial
defense.
The
court is free to determine the
extent of the mitigation of the
defendant<s liability depending
upon the circumstances.
0. IM($TED CONTRI;$TOR-
NEGLIGENCE
Negligence is imputed if the
actor is different from the person
who is being made liable.
The defendant will be
subject to mitigated liability even if
the plaintiff was not himself
personally negligent but because the
negligence of another is imputed to
the plaintiff.
It is applicable if the
negligence was on the part of the
person for whom the plaintiff is
responsible, and especially, by
negligence of an associate in the
transaction where he was injured.
2. +ORT$ITO$S E:ENTS
Essential requisites%
a.The cause of the unforeseen and
unexpected occurrence, or of the
failure of the debtor to comply
with his obligation, must be
independent of the human will6
b. It must be impossible to
foresee the event which
constitutes the Ecaso fortuito,F or
if it can be foreseen, it must be
impossible to avoid6
c.The occurrence must be such as
to render it impossible for the
debtor to fulfill his obligation in a
normal manner6 and
d. The obligor must be free
from any participation in the
aggravation of the injury resulting
to the creditor.
NOTE: 5hen an act of )od concurs
with the negligence of defendant to
produce an injury, the defendant is
liable if the injury would not have
resulted but for his own negligent
conduct or omission. The whole
occurrence is humaniGed and removed
from the rules applicable to acts of
)od. !%A!,C,R vs. CA ?1113@"
G$%$RA& R'&$( It is a complete
defense and a person is not liable if
the cause of the damage is a fortuitous
event.
$)C$!*+,%( It is merely a partial
defense and the courts may mitigate
the damages if the loss would have
resulted in any event !Art. 221./0#
Civil Code".
4. ASS$M(TION O+ RISK
CIVIL LAW COMMITTEE
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON : Vida Bocar, Joyce Vidad EDP : Alnaia Ha!!iman, Doro"#y $ayon
S%BJECT HEADS: C#ri!"o&#er Rey 'ara!i(an )Per!on! and *amily Rela"ion!+, Ale,andro Ca!a-ar)Pro&er"y+, 'a.
R#odora
*errer).ill! and Succe!!ion+, Ian Dominic Pua)O-li(a"ion! and Con"rac"!+, S#a Eli,a# Dumama)Sale! and /ea!e+,
Jo#n S"e&#en
0uiam-ao)PAT+, C#ri!"o&#er Ca-i(ao)Credi" Tran!ac"ion!+, /i(aya Ali&ao)Tor"! and Dama(e!+, An"#ony
Pur(anan)/TD+,
'a. Rica!ion Tu(adi )Con1lic"! o1 /a2+
San Beda College of Law
225
MEMORY AID IN CIVIL LAW
)olenti non fit in*uria@ One is not
legally injured if he has consented
to the act complained of or was
willing that it should occur.
It is a complete defense.
Elements(
a. The plaintiff must 3now that
the ris3 is present6
b. =e must further understand
its nature6 and that
c. =is choice to incur it is free
and voluntary.
+I,-S%
a. E3ress
<ai5er of
t/e rig/t
to reco5er
There is assumption
of ris3 if the
plaintiff, in advance
has expressly waived
his right to recover
damages for the
negligent act of the
defendant.
NOTE: A person cannot contract away his
right to recover damages resulting from
negligence. &uch waiver is contrary to
public policy and cannot be allowed.
=owever, the waiver contemplated by
this prohibition is the waiver of the right
to recover :e9ore the negligent act was
committed.
If waiver was made a9ter the cause
of action accrued, the waiver is valid and
may be construed as a condonation of
the obligation.
1. I"lied
Assu"tio
ns
i. =angerous Conditions
A person who, 3nowing that he
is exposed to a dangerous condition
voluntarily assumes the ris3 of such
dangerous condition may not recover
from the defendant who maintained
such dangerous conditions.
:xample@ A person who main4
tained his house near a railroad trac3
assumes the usual dangers attendant
to the opera4tion of a locomotive.
!Rodrigueza vs. 3anila Railroad Co.,
GR %o. 1.488, %ov. 11, 1121".
ii. Contractual Relations
There may be implied
assumption of ris3 if the plaintiff
entered into a contractual relation
with the defendant. y entering into
a relationship freely and voluntarily
where the negligence of the
defendant is obvious, the plaintiff
may be found to accept and consent
to it.
:HAB%':&@
a" The employees assume the
ordinary ris3s inherent in the
industry in which he is employed.
4 As to abnormal ris3s, there
must be cogent and convincing
evidence of consent.
b" 5hen a passenger boards a
common carrier, he ta3es the ris3s
incidental to the mode of travel he
has ta3en.
iii. =angerous Activities
%ersons who voluntarily
participate in dangerous activities
assume the ris3s which are usually
present in such activities.
:HAB%':@ A professional
athlete is deemed to assume the
ris3s of injury to their trade.
iv. =e9endantCs negligence
5hen the plaintiff is aware of
the ris3 created by the defendant<s
negligence, yet he voluntarily
decided to proceed to encounter it,
there is an implied admission.
CIVIL LAW COMMITTEE
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON : Vida Bocar, Joyce Vidad EDP : Alnaia Ha!!iman, Doro"#y $ayon
S%BJECT HEADS: C#ri!"o&#er Rey 'ara!i(an )Per!on! and *amily Rela"ion!+, Ale,andro Ca!a-ar)Pro&er"y+, 'a.
R#odora
*errer).ill! and Succe!!ion+, Ian Dominic Pua)O-li(a"ion! and Con"rac"!+, S#a Eli,a# Dumama)Sale! and /ea!e+,
Jo#n S"e&#en
0uiam-ao)PAT+, C#ri!"o&#er Ca-i(ao)Credi" Tran!ac"ion!+, /i(aya Ali&ao)Tor"! and Dama(e!+, An"#ony
Pur(anan)/TD+,
'a. Rica!ion Tu(adi )Con1lic"! o1 /a2+
San Beda College of Law
226
MEMORY AID IN CIVIL LAW
:HAB%':@ If the plaintiff has
been supplied with a product which
he 3nows to be unsafe, he is deemed
to have assumed the ris3 of using
such unsafe product.
6. DEAT, O+ T,E DE+ENDANT
#eath of the defendant does not
extinguish the obligation based
on (uasi4delict.
An action survives even if the
defendant dies during the
pendency of the case if the case
is an action to recover for an
injury to persons or property by
reason of tort committed by the
deceased. It is no defense at all.
7. (RESCRI(TION
An action based on (uasi4delict
prescribes in four years from the
date of the accident. !Article
1104 Civil Code"
Relations ;ac& Doctrine
An act done at one time is
considered by fiction of law to have
been done at some antecedent
period. !Allied 7an8ing Cor6 vs. CA,
1181"
:HAB%':@ A doctor negligently
transfused blood to a patient that
was contaminated with =ID. If the
effect became apparent only after
five !1" years, the four !-" year
prescriptive period should commence
only when it was discovered.
8. IN:OL$NTARINESS
It is a complete defense in (uasi4
delict cases and the defendant is
therefore not liable if force was
exerted on him. !Aquino, *orts
and =aages"
:HAB%':@ 5hen the defendant
was forced to drive his vehicle by
armed men. =e was, at pain of
death, forced to drive at a very
fast clip because the armed men
were escaping from the
policemen. The defendant
cannot be held liable, if a
bystander is hit as a
conse(uence.
CA$SATION
(ro3i"ate Cause
That cause which in natural and
continuous se(uence, unbro3en
by any efficient intervening
cause, produces the injury,
without which the result would
not have occurred.
Re"ote Cause
That cause which some
independent force merely too3
advantage of to accomplish
something not the natural effect
thereof.
Nearest Cause
That cause which is the last lin3
in the chain of events6 the
nearest in point of time or
relation.
%roximate cause is not
necessarily the nearest cause
but that which is the procuring
efficient and predominant
cause.
Concurrent Causes
The actor is liable even
if the active and
substantially
simultaneous operation
of the effects of a third
person<s innocent,
tortious or criminal act
is also a substantial
factor in bringing about
the harm so long as the
actor<s negligent
conduct actively and
continuously operate to
bring about harm to
another. !A9rica vs.
Calte5"
5here several causes
producing the injury are
concurrent and each is
CIVIL LAW COMMITTEE
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON : Vida Bocar, Joyce Vidad EDP : Alnaia Ha!!iman, Doro"#y $ayon
S%BJECT HEADS: C#ri!"o&#er Rey 'ara!i(an )Per!on! and *amily Rela"ion!+, Ale,andro Ca!a-ar)Pro&er"y+, 'a.
R#odora
*errer).ill! and Succe!!ion+, Ian Dominic Pua)O-li(a"ion! and Con"rac"!+, S#a Eli,a# Dumama)Sale! and /ea!e+,
Jo#n S"e&#en
0uiam-ao)PAT+, C#ri!"o&#er Ca-i(ao)Credi" Tran!ac"ion!+, /i(aya Ali&ao)Tor"! and Dama(e!+, An"#ony
Pur(anan)/TD+,
'a. Rica!ion Tu(adi )Con1lic"! o1 /a2+
San Beda College of Law
227
MEMORY AID IN CIVIL LAW
an efficient cause
without which the injury
would not have
happened, the injury
may be attributed to all
or any of the causes and
recovery may be had
against any or all of the
responsible persons.
5here the concurrent or
successive negligent
acts or omissions of two
or more persons,
although acting
independently, are in
combination the direct
and proximate cause of
a single injury to a third
person, and it is
impossible to determine
what proportion each
contributed to the
injury, either of them is
responsible for the
whole injury, even
though his act alone
might not have caused
the entire injury6 they
become joint tort4
feasors and are
solidarily liable for the
resulting damage under
Article .*?- of the $ivil
$ode.
NOTE: %rimary cause remains the
proximate cause even if there is an
intervening cause which merely
cooperated with the primary cause and
which did not brea3 the chain of
causation.
Tests of (ro3i"ate Cause
*Do-6art test
*. $ause4in4fact Test
.. %olicy Test
NOTE: In determining the proximate
cause of the injury, it is first necessary
to determine if the defendant<s
negligence was the cause4in4fact of the
damage to the plaintiff. !Cause-in-9act
test"
If the
defendant<s negligence was not
the cause4in4fact, the in(uiry
stops.
If it is, the
in(uiry shifts to the (uestion of limit
of the defendant<s liability. !!olic2
test"
CA$SE%IN%+ACT TESTS:
1. .ut/&or #est
The defendant<s conduct is the
cause4in4fact if damage would
not have resulted had there been
no negligence on the part of the
defendant. $onversely,
defendant<s negligent conduct is
not the cause in fact of the
plaintiff<s damage if the
accident could not have been
avoided in the absence thereof.
2. Substantial &actor test
The conduct is the cause4in4fact
of the damage if it was a
su:stantial 9actor in producing
the injuries.
In order to be a substantial
factor in producing the harm,
the causes set in motion by the
defendant must continue until
the moment of the damage or at
least down the setting in motion
of the final active injurious force
which immediately produced or
preceded the damage.
NOTE: If the defendant<s conduct was
already determined to be the cause in
fact of the plaintiff<s damage under the
:ut 9or test, it is necessarily the cause in
fact of the damage under the su:stantial
9actor test.

3. ,ESS #est
The candidate condition may still
be termed as a cause where it is
shown to be a necessary element
in just one of several co-6resent
causal set each independently
sufficient for the effect.
T<o <a*s 1* </ic/ co%resence "a*
"anifest itself:
a. -uplicati!e causation
CIVIL LAW COMMITTEE
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON : Vida Bocar, Joyce Vidad EDP : Alnaia Ha!!iman, Doro"#y $ayon
S%BJECT HEADS: C#ri!"o&#er Rey 'ara!i(an )Per!on! and *amily Rela"ion!+, Ale,andro Ca!a-ar)Pro&er"y+, 'a.
R#odora
*errer).ill! and Succe!!ion+, Ian Dominic Pua)O-li(a"ion! and Con"rac"!+, S#a Eli,a# Dumama)Sale! and /ea!e+,
Jo#n S"e&#en
0uiam-ao)PAT+, C#ri!"o&#er Ca-i(ao)Credi" Tran!ac"ion!+, /i(aya Ali&ao)Tor"! and Dama(e!+, An"#ony
Pur(anan)/TD+,
'a. Rica!ion Tu(adi )Con1lic"! o1 /a2+
San Beda College of Law
22
MEMORY AID IN CIVIL LAW
5hen two or more sets operate
simultaneously to produce the
effect6 the effect is over4
determined.
b. Pre/empti!e causation
5hen, though coming about first
in time, one causal set tru6s
another potential set lur3ing in the
bac3ground6 the causal potency of
the latter is frustrated.
0ultiple causation
If there are a number of
candidate conditions, which,
ta3en one at a time, would not
in fact have been sufficient to
cause the accident and the
accident was a cumulative effect
of all the candidate conditions.
(olic* Tests:
*. 9oreseea
bility Test
.. Natural
and %robable $onse(uence Test
0. Natural
and Ordinary or #irect $onse(uence
Test
-. =indsight
Test
1. Orbit of
2is3 Test
/. &ubstanti
al 9actor
Test
(olic* Tests "a* 1e di5ided into T<o
Grous:
.. +ORESIG,T (ERS(ECTI:E?
+ORESEEA;ILIT- TESTS
The defendant is not liable for
the unforeseeable conse(uences
of his acts
'iability is limited within the ris3
created by defendants< negligent
acts.
0. DIRECT (ERSE(ECTI:E? DIRECT
COSE#$ENCES TESTS
The defendant
is liable for
damages which
are beyond the
ris3.
#irect
conse(uences
are those
which follow in
se(uence from
the effect of
defendants act
upon
conditions
existing and
forces already
in operation at
the time
without
intervention of
any external
forces, which
come into
active
operation
later.
Tests alied in t/e (/iliines:
New $ivil $ode has a
chapter on #amages
which specifies the 3ind
of damage for which the
defendant may be held
liable and the extent of
damage to be awarded
to the plaintiff.
Cause%in%fact Tests:
*. ut4for test
.. &ubstantial
9actor test
0. N:&& test
(olic*
test@
The
directne
ss
approac
h is
being
applied
in this
jurisdict
ion.
NOTE: The definition of proximate cause
which includes the element of foresight
is not consistent with the express
provision of the Article ..,. of the New
$ivil $ode6 a person may be held liable
CIVIL LAW COMMITTEE
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON : Vida Bocar, Joyce Vidad EDP : Alnaia Ha!!iman, Doro"#y $ayon
S%BJECT HEADS: C#ri!"o&#er Rey 'ara!i(an )Per!on! and *amily Rela"ion!+, Ale,andro Ca!a-ar)Pro&er"y+, 'a.
R#odora
*errer).ill! and Succe!!ion+, Ian Dominic Pua)O-li(a"ion! and Con"rac"!+, S#a Eli,a# Dumama)Sale! and /ea!e+,
Jo#n S"e&#en
0uiam-ao)PAT+, C#ri!"o&#er Ca-i(ao)Credi" Tran!ac"ion!+, /i(aya Ali&ao)Tor"! and Dama(e!+, An"#ony
Pur(anan)/TD+,
'a. Rica!ion Tu(adi )Con1lic"! o1 /a2+
San Beda College of Law
22!
MEMORY AID IN CIVIL LAW
whether the damage to the plaintiff may
be unforeseen.
Cause and Conditions
It is no longer practicable to
distinguish between cause and
condition.
The defendant may be liable even if
only created conditions, if the
conditions resulted in harm to either
person or property.
:HAB%':& of =angerous Conditions(
*. Those that are
inherently
dangerous
.. Those where a
person places a
thing which is
not dangerous in
itself in a
dangerous
position.
0. Those involving
products and
other things
which are
dangerous
because they are
defective.
Efficient Inter5ening Cause
One which destroys the causal
connection between the
negligent act and the injury and
thereby negatives liability.
There is NO efficient intervening
cause if the force created by the
negligent act or omission have
either@
1. 2emained active itself, or
2. $reated another force which
remained active until it directly
caused the result, or
0. $reated a new active ris3 of
being acted upon by the active force
that caused the result.
:HAB%':@ The medical findings, show
that the infection of the wound by
tetanus was an efficient intervening
cause later or between the time >avier
was wounded to the time of his death.
!!eo6le vs. Rellin 77 !"il 1038"
NOTES:
A cause
is not an
interveni
ng cause
if it was
already
in
operatio
n at the
time the
negligent
act is
committ
ed.
9oreseea
ble
interveni
ng causes
cannot
be
consider
ed
sufficient
interveni
ng
causes.
The
intervent
ion of
unforese
en and
unexpect
ed cause
is not
sufficient
to
relieve
the
wrongdo
er from
conse(ue
nces of
negligenc
e if such
negligenc
e
directly
and
proximat
ely
cooperat
es with
the
independ
CIVIL LAW COMMITTEE
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON : Vida Bocar, Joyce Vidad EDP : Alnaia Ha!!iman, Doro"#y $ayon
S%BJECT HEADS: C#ri!"o&#er Rey 'ara!i(an )Per!on! and *amily Rela"ion!+, Ale,andro Ca!a-ar)Pro&er"y+, 'a.
R#odora
*errer).ill! and Succe!!ion+, Ian Dominic Pua)O-li(a"ion! and Con"rac"!+, S#a Eli,a# Dumama)Sale! and /ea!e+,
Jo#n S"e&#en
0uiam-ao)PAT+, C#ri!"o&#er Ca-i(ao)Credi" Tran!ac"ion!+, /i(aya Ali&ao)Tor"! and Dama(e!+, An"#ony
Pur(anan)/TD+,
'a. Rica!ion Tu(adi )Con1lic"! o1 /a2+
San Beda College of Law
2#"
MEMORY AID IN CIVIL LAW
ent
cause in
the
resulting
injury.
CONTRI;$TOR- NEGLIGENCE
A. (laintiff@s negligence is
t/e cause
%laintiff<s
negligence is
not contributory
if it is necessary
and sufficient to
produce the
result.
:HAB%':&(
*. Only the
plaintiff
was
negligent
.
.. #efendan
t<s
negligenc
e is not a
part of
the
causal
set which
is a part
of the
causal
chain.
0. %laintiff<
s
negligenc
e was
pre4
emptive
in
nature.
;. Co"ound Causes
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CIVIL LAW COMMITTEE
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON : Vida Bocar, Joyce Vidad EDP : Alnaia Ha!!iman, Doro"#y $ayon
S%BJECT HEADS: C#ri!"o&#er Rey 'ara!i(an )Per!on! and *amily Rela"ion!+, Ale,andro Ca!a-ar)Pro&er"y+, 'a.
R#odora
*errer).ill! and Succe!!ion+, Ian Dominic Pua)O-li(a"ion! and Con"rac"!+, S#a Eli,a# Dumama)Sale! and /ea!e+,
Jo#n S"e&#en
0uiam-ao)PAT+, C#ri!"o&#er Ca-i(ao)Credi" Tran!ac"ion!+, /i(aya Ali&ao)Tor"! and Dama(e!+, An"#ony
Pur(anan)/TD+,
'a. Rica!ion Tu(adi )Con1lic"! o1 /a2+
San Beda College of Law
2#1
MEMORY AID IN CIVIL LAW

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CIVIL LAW COMMITTEE
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON : Vida Bocar, Joyce Vidad EDP : Alnaia Ha!!iman, Doro"#y $ayon
S%BJECT HEADS: C#ri!"o&#er Rey 'ara!i(an )Per!on! and *amily Rela"ion!+, Ale,andro Ca!a-ar)Pro&er"y+, 'a.
R#odora
*errer).ill! and Succe!!ion+, Ian Dominic Pua)O-li(a"ion! and Con"rac"!+, S#a Eli,a# Dumama)Sale! and /ea!e+,
Jo#n S"e&#en
0uiam-ao)PAT+, C#ri!"o&#er Ca-i(ao)Credi" Tran!ac"ion!+, /i(aya Ali&ao)Tor"! and Dama(e!+, An"#ony
Pur(anan)/TD+,
'a. Rica!ion Tu(adi )Con1lic"! o1 /a2+
San Beda College of Law
2#2
MEMORY AID IN CIVIL LAW
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CIVIL LAW COMMITTEE
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON : Vida Bocar, Joyce Vidad EDP : Alnaia Ha!!iman, Doro"#y $ayon
S%BJECT HEADS: C#ri!"o&#er Rey 'ara!i(an )Per!on! and *amily Rela"ion!+, Ale,andro Ca!a-ar)Pro&er"y+, 'a.
R#odora
*errer).ill! and Succe!!ion+, Ian Dominic Pua)O-li(a"ion! and Con"rac"!+, S#a Eli,a# Dumama)Sale! and /ea!e+,
Jo#n S"e&#en
0uiam-ao)PAT+, C#ri!"o&#er Ca-i(ao)Credi" Tran!ac"ion!+, /i(aya Ali&ao)Tor"! and Dama(e!+, An"#ony
Pur(anan)/TD+,
'a. Rica!ion Tu(adi )Con1lic"! o1 /a2+
San Beda College of Law
2##
MEMORY AID IN CIVIL LAW

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CIVIL LAW COMMITTEE
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON : Vida Bocar, Joyce Vidad EDP : Alnaia Ha!!iman, Doro"#y $ayon
S%BJECT HEADS: C#ri!"o&#er Rey 'ara!i(an )Per!on! and *amily Rela"ion!+, Ale,andro Ca!a-ar)Pro&er"y+, 'a.
R#odora
*errer).ill! and Succe!!ion+, Ian Dominic Pua)O-li(a"ion! and Con"rac"!+, S#a Eli,a# Dumama)Sale! and /ea!e+,
Jo#n S"e&#en
0uiam-ao)PAT+, C#ri!"o&#er Ca-i(ao)Credi" Tran!ac"ion!+, /i(aya Ali&ao)Tor"! and Dama(e!+, An"#ony
Pur(anan)/TD+,
'a. Rica!ion Tu(adi )Con1lic"! o1 /a2+
San Beda College of Law
2#$
MEMORY AID IN CIVIL LAW

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C. (art of t/e sa"e causal
set
Neither plaintiff<s negligence
nor defendant<s negligence
alone is sufficient to cause
the injury6 the effect would
result only if both are present
together with normal
bac3ground conditions.
Negligence of the plaintiff
cooperated with the
CIVIL LAW COMMITTEE
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON : Vida Bocar, Joyce Vidad EDP : Alnaia Ha!!iman, Doro"#y $ayon
S%BJECT HEADS: C#ri!"o&#er Rey 'ara!i(an )Per!on! and *amily Rela"ion!+, Ale,andro Ca!a-ar)Pro&er"y+, 'a.
R#odora
*errer).ill! and Succe!!ion+, Ian Dominic Pua)O-li(a"ion! and Con"rac"!+, S#a Eli,a# Dumama)Sale! and /ea!e+,
Jo#n S"e&#en
0uiam-ao)PAT+, C#ri!"o&#er Ca-i(ao)Credi" Tran!ac"ion!+, /i(aya Ali&ao)Tor"! and Dama(e!+, An"#ony
Pur(anan)/TD+,
'a. Rica!ion Tu(adi )Con1lic"! o1 /a2+
San Beda College of Law
2#5
MEMORY AID IN CIVIL LAW
negligence of the defendant
in order to bring about the
injury6 determination of
proximate cause is only a
matter of degree of
participation.
D. Defendant@s Negligence
is t/e Onl* cause
#efendant<s negligence was
su99icient AN# necessar2 to
bring about the injury.
=owever, if plaintiff<s
negligence increased or
aggravated the resulting
damage or injury liability of
the defendant should also be
mitigated under contri:utor2
negligence rule or under the
doctrine o9 avoida:le
consequences.
Doctrine of Last Clear C/ance or
Disco5ered (eril
The negligence of the plaintiff
does not preclude a recovery for
the negligence of the defendant
where it appears that the
defendant, by exercising
reasonable care and prudence,
might have avoided injurious
conse(uences to the plaintiff
notwithstanding the plaintiff<s
negligence.
Alternati5e :ie<s:
.. (re5ailing 5ie<
#octrine is applicable in
this jurisdiction.
:ven if plaintiff was
guilty of antecedent
negligence, the
defendant is still liable
because he had the last
clear chance of avoiding
the injury.
0. Minorit* :ie<
The historical function of the
doctrine was to mitigate the
harshness of the common law
rule of contributory
negligence which prevented
any recovery at all by the
plaintiff who was also
negligent even if his
negligence was relatively
minor as compared with the
wrongful act or omission of
the defendant.
The doctrine has no role in
this jurisdiction where
common law concept of
contributory negligence has
itself been rejected in Article
.*+? of the $ivil $ode.
2. T/ird :ie<
There can be no conflict
between the doctrine of last
clear chance and doctrine of
comparative negligence if the
former is viewed as a rule or
phrase of proximate cause6
=owever, the doctrine of last
clear chance is no longer
applicable if the force
created by the plaintiff<s
negligence continues until the
happening of the injurious
event.
Cases </en t/e doctrine <as /eld
inalica1le '(ICCA)
1. If the laintif f was not
negligent.
2. The party charged is re(uired to
act instantaneously , and if the
injury cannot be avoided by the
application of all the means at
hand after the peril is or should
have been discovered.
3. If defendant<s negligence is a
c oncurrent cause and which was
still in operation up to the time
the injury was inflicted.
4. 5here the plaintiff, a passenger,
filed an action against a carrier
based on c ontract.
5. If the actor, though negligent,
was not a ware of the danger or
ris3 brought about by the prior
fraud or negligent act.
;. INTENTIONAL TORTS
Include conduct
where the actor
CIVIL LAW COMMITTEE
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON : Vida Bocar, Joyce Vidad EDP : Alnaia Ha!!iman, Doro"#y $ayon
S%BJECT HEADS: C#ri!"o&#er Rey 'ara!i(an )Per!on! and *amily Rela"ion!+, Ale,andro Ca!a-ar)Pro&er"y+, 'a.
R#odora
*errer).ill! and Succe!!ion+, Ian Dominic Pua)O-li(a"ion! and Con"rac"!+, S#a Eli,a# Dumama)Sale! and /ea!e+,
Jo#n S"e&#en
0uiam-ao)PAT+, C#ri!"o&#er Ca-i(ao)Credi" Tran!ac"ion!+, /i(aya Ali&ao)Tor"! and Dama(e!+, An"#ony
Pur(anan)/TD+,
'a. Rica!ion Tu(adi )Con1lic"! o1 /a2+
San Beda College of Law
2#6
MEMORY AID IN CIVIL LAW
desires to cause the
conse(uences of his
act or believes that
the conse(uences
are substantially
certain to result
from it.

They are found in
$hapter . of the
%reliminary Title of
the N$$ entitled
E=uman 2elationsF.
Although this chapter
covers negligent
acts, the torts
mentioned herein
are mostly
intentional in nature
or torts involving
malice or bad faith.
,$MAN RELATIONS
.. (rincile of A1use of Rig/ts
'ART..A)
Ele"ents:
a. 'egal right or duty6
b. The right or duty is exercised in bad
faith6 and
c. 9or the sole intent of prejudicing or
injuring another.
:
H
A
B
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CIVIL LAW COMMITTEE
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON : Vida Bocar, Joyce Vidad EDP : Alnaia Ha!!iman, Doro"#y $ayon
S%BJECT HEADS: C#ri!"o&#er Rey 'ara!i(an )Per!on! and *amily Rela"ion!+, Ale,andro Ca!a-ar)Pro&er"y+, 'a.
R#odora
*errer).ill! and Succe!!ion+, Ian Dominic Pua)O-li(a"ion! and Con"rac"!+, S#a Eli,a# Dumama)Sale! and /ea!e+,
Jo#n S"e&#en
0uiam-ao)PAT+, C#ri!"o&#er Ca-i(ao)Credi" Tran!ac"ion!+, /i(aya Ali&ao)Tor"! and Dama(e!+, An"#ony
Pur(anan)/TD+,
'a. Rica!ion Tu(adi )Con1lic"! o1 /a2+
San Beda College of Law
2#7
MEMORY AID IN CIVIL LAW
.
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NOTE: This rule is a departure from the
traditional view that a person is not
liable for damages resulting from the
exercise of ones right.
0. Article 0B of t/e Ci5il Code
&pea3s
of the
general
sanction
for all
other
provisio
ns of
law
which
do not
especial
ly
provide
for their
own
sanction
.
NOTE: Article ., does not distinguish6
the act may be done willfully or
negligently.
2. Acts contra 1onus "ores 'Article 0.
Ci5il Code)
Ele"ents:
a. Act which is legal6
b. The act is contrary to morals, good
customs, public order or public
policy6 and
c. The act is done with intent to injure.
NOTE: #amages are recoverable even if
no positive law was violated.
Kinds:
a. ;reac/ of ro"ise to "arr*
G$%$RA& R'&$( reach of promise to
marry by itself is not actionable.
$)C$!*+,%( In cases where there is
another act independent of the breach
of promise to marry which gives rise to
liability@
*. $ases where there was financial
damage.
.. &ocial humiliation caused to one
of the parties.
0. 5here there was moral
seduction.
NOTES:
Boral seduction, although not
punishable, connotes the idea of
deceit, enticement, superior power
or abuse of confidence on the part of
the seducer to which the woman has
yielded. !Gas"e S"o8at 7a8s" vs.
CA"
&exual intercourse is not by itself a
basis for recovery6 damages could
only be awarded if the sexual
intercourse is not a product of
voluntariness or mutual desire.
1. Seduction <it/out 1reac/ of
ro"ise to "arr*
CIVIL LAW COMMITTEE
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON : Vida Bocar, Joyce Vidad EDP : Alnaia Ha!!iman, Doro"#y $ayon
S%BJECT HEADS: C#ri!"o&#er Rey 'ara!i(an )Per!on! and *amily Rela"ion!+, Ale,andro Ca!a-ar)Pro&er"y+, 'a.
R#odora
*errer).ill! and Succe!!ion+, Ian Dominic Pua)O-li(a"ion! and Con"rac"!+, S#a Eli,a# Dumama)Sale! and /ea!e+,
Jo#n S"e&#en
0uiam-ao)PAT+, C#ri!"o&#er Ca-i(ao)Credi" Tran!ac"ion!+, /i(aya Ali&ao)Tor"! and Dama(e!+, An"#ony
Pur(anan)/TD+,
'a. Rica!ion Tu(adi )Con1lic"! o1 /a2+
San Beda College of Law
2#
MEMORY AID IN CIVIL LAW
&eduction, by itself, is also an
act contrary to morals, good
customs and public policy.
The defendant is liable if he
employed deceit,
enticement, superior power
or abuse of confidence in
successfully having sexual
intercourse with another even
if he satisfied his lust without
promising to marry the
offended party.
It may not even matter that
the plaintiff and the
defendant are of the same
gender.
c. Se3ual assault
#efendant is liable for all
forms of sexual assault
including crimes defined
under the 2%$ as rape, acts
of lasciviousness and
seduction.
d. Desertion 1* a souse
A spouse has a legal
obligation to live with hisIher
spouse.
If a spouse does not perform
hisIher duty to the other, he
may be liable for damages for
such omission because the
same is contrary to law,
morals, good customs and
public policy.
e. Tresass and Deri5ation of
(roert*
. JIN#&@
1# *res6ass to andEor
de6rivation o9 real 6ro6ert2
'iability for damages under
the 2%$ and Article -1* of the $ivil
$ode re(uires intent or bad faith.
Article --A of the $ivil $ode
in relation to Article -1/ does not
permit action for damages where the
builder, planter, or sower acted in
good faith. The landowner is limited
to the options given to him under
article --A, that is to appropriate
whatever is built or planted or to
compel the builder or planter to
purchase the portion encroached
upon. !A(uino, Torts and #amages"
A builder in good faith who
acted negligently may be held liable
under Art. .*+/ N$$.
2# *res6ass to or de6rivation o9
6ersonal 6ro6ert2
In the field of tort, trespass
extends to all cases where a person
is deprived of his personal property
even in the absence of criminal
liability.
NOTE: It may cover cases where the
defendant was deprived of personal
property for the purpose of obtaining
possession of real property
:HAB%':@ The defendant
who was landlord, was held liable
because he deprived the plaintiffs,
his tenants, of water in order to
force them to vacate the lot they
were cultivating. !3ag:anua vs. +AC
137 SCRA 3.2"
3# =isconnection o9 electricit2
or gas service
The right to
disconnect and deprive the
customer, who unreasonably fails to
pay his bills, of electricity should be
exercised in accordance with the law
and rules.
:xample@ If a
company disconnects the electricity
service without prior notice as
re(uired by the rules, the company
commits a tort under Article .* N$$.
CIVIL LAW COMMITTEE
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON : Vida Bocar, Joyce Vidad EDP : Alnaia Ha!!iman, Doro"#y $ayon
S%BJECT HEADS: C#ri!"o&#er Rey 'ara!i(an )Per!on! and *amily Rela"ion!+, Ale,andro Ca!a-ar)Pro&er"y+, 'a.
R#odora
*errer).ill! and Succe!!ion+, Ian Dominic Pua)O-li(a"ion! and Con"rac"!+, S#a Eli,a# Dumama)Sale! and /ea!e+,
Jo#n S"e&#en
0uiam-ao)PAT+, C#ri!"o&#er Ca-i(ao)Credi" Tran!ac"ion!+, /i(aya Ali&ao)Tor"! and Dama(e!+, An"#ony
Pur(anan)/TD+,
'a. Rica!ion Tu(adi )Con1lic"! o1 /a2+
San Beda College of Law
2#!
MEMORY AID IN CIVIL LAW
f. A1ortion and 9rongful Deat/
#amages may be recovered
by both spouses if@
1) the abortion was caused
through the physician<s
negligence, or
2) was done intentionally
Dit"out t"eir consent
=usband of a
woman who
voluntarily
procured her
abortion may
recover
damages from
the physician
who caused the
same on
account of
distress and
mental anguish
attendant to the
loss of the
unborn child
and the
disappointment
of his parental
expectation.
!Geluz vs. CA
2SCRA802"
g. Illegal Dis"issal
The right of the employer to
dismiss an employee should
not be confused with the
manner in which the right is
exercised and the effects
flowing therefrom6
If the dismissal was done anti4
socially and oppressively, the
employer should be deemed
to have violated Article *+,*
of the $ivil $ode !which
prohibits acts of oppression
by either capital or labor
against the other" and Article
.* N$$.
An employer may be held
liable for damages if the
manner of dismissing is
contrary to morals good
customs and public policy.
:HAB%':@ 9alse imputation
of misdeed to justify dismissal
or any similar manner of
dismissal which is done
abusively.
/. Malicious (rosecution
An action for damages
brought by one against
another whom a criminal
prosecution, civil suit, or
other legal proceeding has
been instituted maliciously
and without probable cause,
after the termination of such
prosecution, suit or
proceeding in favor of the
defendant therein.
The gist of the action is
putting legal process in force
regularly, for mere purpose of
vexation or injury. !=rilon vs.
CA ?1117@"
Ele"ents:
*. The fact of the prosecution and
the further fact that the
defendant was himself the
prosecutor6 and that the action
was finally terminated with an
ac(uittal6
.. That in bringing the action, the
prosecutor acted without
probable cause6
0. The prosecutor was actuated or
impelled by legal malice.
NOTES:
Balice is the
inexcusable intent to
injure, oppress, vex,
annoy or humiliate.
CIVIL LAW COMMITTEE
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON : Vida Bocar, Joyce Vidad EDP : Alnaia Ha!!iman, Doro"#y $ayon
S%BJECT HEADS: C#ri!"o&#er Rey 'ara!i(an )Per!on! and *amily Rela"ion!+, Ale,andro Ca!a-ar)Pro&er"y+, 'a.
R#odora
*errer).ill! and Succe!!ion+, Ian Dominic Pua)O-li(a"ion! and Con"rac"!+, S#a Eli,a# Dumama)Sale! and /ea!e+,
Jo#n S"e&#en
0uiam-ao)PAT+, C#ri!"o&#er Ca-i(ao)Credi" Tran!ac"ion!+, /i(aya Ali&ao)Tor"! and Dama(e!+, An"#ony
Pur(anan)/TD+,
'a. Rica!ion Tu(adi )Con1lic"! o1 /a2+
San Beda College of Law
2$"
MEMORY AID IN CIVIL LAW
%resence of probable
cause signifies absence
of malice.
Absence of malice
signifies good faith on
the part of the
defendant6 good faith
may even be based on
mista3e of law.
Ac(uittal presupposes
that a criminal
information is filed in
court and final
judgment rendered
dismissing the case6
nevertheless, prior
ac(uittal may include
dismissal by the
prosecutor after
preliminary
investigation. !Glo:e
3ac8a2 and Radio Cor6.
vs. CAF 3anila Gas Cor6
vs. CA"
i. (u1lic ,u"iliation
#amages may be awarded in
cases where the plaintiff
suffered humiliation through
the positive acts of the
defendant directed against
the plaintiff.
:xample@ The defendant was
held liable for damages under
Art. .* for slapping the
plaintiff in public. !!atricio
vs. Bon. ,scar &eviste,
?1181@"
NOTES:
Cnder
Article
.*,
damages
are
recover
able
even
though
no
positive
law was
violated
.
An
action
can only
prosper
when
damage,
material
or
otherwis
e, was
suffered
by the
plaintiff
. An
action
based
on
Articles
*?4.*
will be
dismisse
d if the
plaintiff
merely
see3s
Grecogn
itionH.
Cnder
Articles
*? and
.*, the
defenda
nt may
li3ewise
be
guilty of
a tort
even if
he acted
in good
9ait".
!Grand
'nion
Su6er
ar8et
vs.
$s6ino"
TORTS AGAINST ,$MAN DIGNIT-
T-(ES:
CIVIL LAW COMMITTEE
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON : Vida Bocar, Joyce Vidad EDP : Alnaia Ha!!iman, Doro"#y $ayon
S%BJECT HEADS: C#ri!"o&#er Rey 'ara!i(an )Per!on! and *amily Rela"ion!+, Ale,andro Ca!a-ar)Pro&er"y+, 'a.
R#odora
*errer).ill! and Succe!!ion+, Ian Dominic Pua)O-li(a"ion! and Con"rac"!+, S#a Eli,a# Dumama)Sale! and /ea!e+,
Jo#n S"e&#en
0uiam-ao)PAT+, C#ri!"o&#er Ca-i(ao)Credi" Tran!ac"ion!+, /i(aya Ali&ao)Tor"! and Dama(e!+, An"#ony
Pur(anan)/TD+,
'a. Rica!ion Tu(adi )Con1lic"! o1 /a2+
San Beda College of Law
2$1
MEMORY AID IN CIVIL LAW
.. :iolation of t/e rig/t of ri5ac*
Reasona:leness o9 a 6ersonCs
e56ectation o9 6rivac2 de6ends
on a tDo-6art test(
a" 5hether by his conduct, the
individual has exhibited an
expectation of privacy.
b" 5hether this expectation is one
that the society recogniGes as
reasonable.
NOTES:
G$%$RA& R'&$@ 2ight to privacy can
be invo3ed only by natural persons6
>uridical persons cannot invo3e such
right because the entire basis of right to
privacy is an injury to the feelings and
sensibilities of a party, a corporation
would have no such ground.
$)C$!*+,%( 2ight against unreasonable
searches and seiGure can be invo3ed by a
juridical entity.
G$%$RA& R'&$@ 2ight to privacy is
purely personal in nature, hence@
*" It can be invo3ed only by
the person whose privacy
is claimed to have been
violated.
." It can be subject to
waiver of the person
whose privacy is sought
to be intruded into.
0" The right ceases upon
the death of the person.
$)C$!*+,%( A privilege may be given
to the surviving relatives of a deceased
person to protect his memory but the
privilege exist for the benefit of the
living, to protect their feelings and to
prevent the violation of their own rights
in the character and memory of the
deceased.
&tandard to be
applied in
determining if
there was a
violation of the
right is that of a
6erson Dit"
ordinar2
sensi:ilities. It
is relative to the
customs of time
and place and is
determined by
the norm of an
ordinary person.
+our T*es of In5asion of (ri5ac*
a. Intrusio
n upon plaintiff1s seclusion or solitue
or into his pri!ate affairs
It is not limited to cases where
the defendant physically trespassed into
another<s property. It includes cases
when the defendant invades one<s
privacy by loo3ing from outside
!:xample@ Epeeping4tomF".
G$%$RA& R'&$@ There is no invasion of
right to privacy when a journalist records
photographs or writes about something
that occurs in public places.
$)C$!*+,%( 5hen the acts of the
journalist should be to such extent that
it constitutes harassment or overGealous
shadowing.
The freedom of the press has never
been construed to accord newsmen
immunity from tort or crimes committed
during the course of the newsgathering.
There is no intrusion when an
employer investigates an employee or
when the school investigates its student.
2A -.,, ma3es it illegal for any
person not authoriGed by all the parties
to any private communication to secretly
record such communication by means of
a tape recorder !2amireG vs $A, &ept.
.A, *??1"
Cse of a telephone extension for
purposes of overhearing a private
conversation without authoriGation does
not violate 2A -.,,.
NOTE: There are instances where the
school might be called upon to exercise
its power over its student for acts
committed outside the school premises
and beyond school hours in the
following@
*. In cases of violation of school
policies or regulations occurring in
connection with school sponsored
activity off4campus6 or
.. In cases where the misconduct of
the student involves his status as a
student or affects the good name
and reputation of the school.
CIVIL LAW COMMITTEE
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON : Vida Bocar, Joyce Vidad EDP : Alnaia Ha!!iman, Doro"#y $ayon
S%BJECT HEADS: C#ri!"o&#er Rey 'ara!i(an )Per!on! and *amily Rela"ion!+, Ale,andro Ca!a-ar)Pro&er"y+, 'a.
R#odora
*errer).ill! and Succe!!ion+, Ian Dominic Pua)O-li(a"ion! and Con"rac"!+, S#a Eli,a# Dumama)Sale! and /ea!e+,
Jo#n S"e&#en
0uiam-ao)PAT+, C#ri!"o&#er Ca-i(ao)Credi" Tran!ac"ion!+, /i(aya Ali&ao)Tor"! and Dama(e!+, An"#ony
Pur(anan)/TD+,
'a. Rica!ion Tu(adi )Con1lic"! o1 /a2+
San Beda College of Law
2$2
MEMORY AID IN CIVIL LAW
b. Publicat
ion of Embarrassin" (ri5ate +acts
Re!uisites:
*. %ublicity is given to any private
or purely personal information about
a person6
2. 5ithout the latter<s consent6 and
0. 2egardless of whether or not
such publicity constitutes a criminal
offense, li3e libel or defamation, the
circumstance that the publication
was made with intent of gain or for
commercial and business purposes
invariably serves to aggravate the
violation of the right.
%C'I$ 9I)C2: 4 A
person, who by his accomplishments,
fame or mode of living or by adopting a
profession or calling which gives the
public a legitimate interest in his doings,
his affairs and his character.
NOTE: %ublic figures, most especially
those holding responsible positions in
government enjoy a ore liited right
to privacy compared to ordinary
individuals.
The interest sought to be
protected is the right to be free from
unwarranted publicity, from the
wrongful publiciGing of the private
affairs and activities of an individual
which are outside the realm of
legitimate public concern.
The publication of facts
derived from the records of official
proceedings which are not otherwise
declared by law as confidential,
cannot be considered a tortious
conduct.
c. Publicit
( $hich places a person in a false
li"ht in the public e(e
The interest to be protected in
this tort is the interest of the
individual in not being made to
appear before the public in an
objectionable false light or false
position.
:HAB%':@ #efendant was held liable
for damages when he published an
unauthoriGed biography of a famous
baseball player exaggerating his
feats on the baseball field,
portraying him as a war hero. !S6a"n
vs. 3essner"
If the publicity given to the
plaintiff is defamatory, hence an
action for libel is also warranted6 the
action for invasion of privacy will
afford an alternative remedy.
Bay be committed by the media
by distorting a news report.
Tort of (utting
Anot/er in +alse
Lig/t
Defa"ation
1. As to "ra!amen of claim
The gravamen of
claim is not the
reputational harm
but rather the
embarrassment of a
person being made
into some4thing he is
not
The gravamen of
claim is the reputa4
tional harm
2. As to publication
The statement should
be actually made in
public
%ublication is
satisfied if a letter is
sent to a third person
3. As to the efamator( character of the
statements
#efendant may still
be held liable even if
the statements tells
something good
about the plaintiff
5hat is published
lowers the esteem in
which the plaintiff is
held
. Commer
cial appropriation of li2eness
The unwarranted publication of a
person<s name or the unauthoriGed
use of his photograph or li3eness for
commercial purposes is an invasion
of privacy.
5ith respect to celebrities,
however, the right of publicity is
often treated as a separate right
that overlaps but is distinct from the
right of privacy. They treat their
names and li3eness as property and
they want to control and profit
therefrom.
0. Interference <it/ +a"il* and ot/er
relations
CIVIL LAW COMMITTEE
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON : Vida Bocar, Joyce Vidad EDP : Alnaia Ha!!iman, Doro"#y $ayon
S%BJECT HEADS: C#ri!"o&#er Rey 'ara!i(an )Per!on! and *amily Rela"ion!+, Ale,andro Ca!a-ar)Pro&er"y+, 'a.
R#odora
*errer).ill! and Succe!!ion+, Ian Dominic Pua)O-li(a"ion! and Con"rac"!+, S#a Eli,a# Dumama)Sale! and /ea!e+,
Jo#n S"e&#en
0uiam-ao)PAT+, C#ri!"o&#er Ca-i(ao)Credi" Tran!ac"ion!+, /i(aya Ali&ao)Tor"! and Dama(e!+, An"#ony
Pur(anan)/TD+,
'a. Rica!ion Tu(adi )Con1lic"! o1 /a2+
San Beda College of Law
2$#
MEMORY AID IN CIVIL LAW
The gist of the tort is an
interference with one spouse<s
mental attitude toward the other
and the conjugal 3indness of marital
relations resulting in some actual
conduct which materially affects it.
It extends to all cases of
wrongful interference in the family
affairs of others whereby one spouse
is induced to leave the other spouse
or conduct himself or herself that
the comfort of married life is
destroyed.
If the interference is by
the parents of the spouse, malice
must be proven.
2. Intriguing to Cause Alienation
4. :e3ation and ,u"iliation
#iscrimination against a person
on account of his physical defect,
which causes emotional distress, may
result in liability on the part of the
offending party.
&exual =arassment falls under
this category.
4 a civil action separate and distinct from
the criminal action may be
commenced under 2A +A++.
4 . types of &exual harassment@
a" (uid pro (uo cases
b" hostile environment cases
TORTS 9IT, INDE(ENDENT CI:IL
ACTIONS
.. :iolation of ci5il and olitical
rig/ts 'Article 20)
Although the same normally
involves intentional acts, it can also
be committed through negligence.
%ublic officer who is a
defendant cannot escape liability
under the doctrine of state
immunity6 the said doctrine applies
only if acts involved are done by
officers in the performance of their
official duty within the ambit of
their powers6 officers do not act
within the ambit of their powers if
they violate the constitutional rights
of persons.
0. Defa"ation= +raud= and
(/*sical in>uries 'Article 22)
A. -efamation
#efamation is an invasion of the
interest in reputation and good
name, by communication to others
which tends to diminish the esteem
in which the plaintiff is held, or to
excite adverse feelings or opinion
against him.
Includes the crime of libel and
slander.
2%$ considers the statement
defamatory if it is an imputation of
circumstance tending to cause the
dishonor, discredit or contempt of
natural or juridical person or to
blac3en the memory of one who is
dead.
Re!uisites for one to 1e lia1le
for defa"ator* i"utations:
a. It must be defamatory
b. It must be malicious
c. It must be given publicity
d. The victim must be
identifiable
NOTES:
Test in determining the
defamatory character of the
imputation@ A charge is sufficient if
the words are calculated to induce the
hearers to suppose and understand
that the personIs against whom they
were uttered were guilty of a certain
offense, or are sufficient to impeach
their honesty, virtue, or reputation, or
to hold the personIs up to public
ridicule.
#issemination to a number of persons
is not re(uired, communication to a
single individual is sufficient
publication.
G$%$RA& R'&$( :very defamatory
imputation is presumed to be
malicious, even if it be true, if no
good intention or justifiable motive
for ma3ing it is shown.
$)C$!*+,%S(
*. A private communication made
by any person to another in the
performance of any legal, moral
or social duty6 and
CIVIL LAW COMMITTEE
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON : Vida Bocar, Joyce Vidad EDP : Alnaia Ha!!iman, Doro"#y $ayon
S%BJECT HEADS: C#ri!"o&#er Rey 'ara!i(an )Per!on! and *amily Rela"ion!+, Ale,andro Ca!a-ar)Pro&er"y+, 'a.
R#odora
*errer).ill! and Succe!!ion+, Ian Dominic Pua)O-li(a"ion! and Con"rac"!+, S#a Eli,a# Dumama)Sale! and /ea!e+,
Jo#n S"e&#en
0uiam-ao)PAT+, C#ri!"o&#er Ca-i(ao)Credi" Tran!ac"ion!+, /i(aya Ali&ao)Tor"! and Dama(e!+, An"#ony
Pur(anan)/TD+,
'a. Rica!ion Tu(adi )Con1lic"! o1 /a2+
San Beda College of Law
2$$
MEMORY AID IN CIVIL LAW
.. A fair and true report, made in
good faith, without any
comments or remar3s, of any
judicial, legislative or other
official proceedings which are
not of confidential nature, or of
any statement, report, or speech
delivered in said proceedings or
of any other act performed by
public officers in the exercise of
their functions.
It is not sufficient that the
offended party recogniGed himself as
the person attac3ed or defamed, it
must be shown that at least a third
person could identify him as the
object of the libelous publication.
In order to escape liability, the
defendant may claim that the
statements made are privileged.
T<o &inds of ri5ileged
co""unication:
*" Absolutely privilege 8
Those which are not actionable
even if the author acted in bad
faith.
." Kualifiedly privilege 8
not actionable unless found to
have been made without good
intention or justifiable motive.
.. &rau
Ele"ents of deceit
*"The defendant must have made
false representation to the
plaintiff
."The representation must be one
of fact
0"The defendant must 3now that
the representation is false or be
rec3less about whether it is false
-"The defendant must have acted
on the false representation
1"The defendant must have
intended that the false
representation should be acted
on
/"The plaintiff must have suffered
damage as a result of acting on
the false representation
Bal9-trut"s are
li3ewise included6 it is actionable if
the withholding of that which is not
stated ma3es that which is stated
absolutely false.
Bisrepresentati
on upon a mere matter of opinion is
not an actionable deceit.
C. Ph(sical in*uries
attery 8 an intentional infliction
of a harmful or offensive bodily
contact6 bodily contact is offensive if
it offends a reasonable person<s
sense of dignity.
Assault 8 intentional conduct by
one person directed at another
which places the latter in
apprehension of immediate bodily
harm or offensive act.
Includes bodily injuries causing
death.
%hysical injuries which resulted
because of negligence or imprudence
is not included in Article 006 they are
already covered by Article .*+/ of
the $ivil $ode.
2. Neglect of dut* 1* olice
officers 'Article 24)
&ubsidiary liability of cities and
municipalities, is imposed so that
they will exercise great care in
selecting conscientious and duly
(ualified policemen and exercise
supervision over them in the
performance of their duties.
CI:IL LIA;ILIT- ARISING +ROM DELICT
:very person criminally liable for
a felony is also civilly liable. !Article
100 R!C"
The reason is because a crime
has a dual character@ as an offense
against the &tate and against the
private person injured by it.
#ual character of crimes applies
to cases governed by special laws.
:xample@ violation of the % ..
results in criminal and civil liability.
There is civil liability even if the
offense is a public offense, li3e in
bigamy.
CIVIL LAW COMMITTEE
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON : Vida Bocar, Joyce Vidad EDP : Alnaia Ha!!iman, Doro"#y $ayon
S%BJECT HEADS: C#ri!"o&#er Rey 'ara!i(an )Per!on! and *amily Rela"ion!+, Ale,andro Ca!a-ar)Pro&er"y+, 'a.
R#odora
*errer).ill! and Succe!!ion+, Ian Dominic Pua)O-li(a"ion! and Con"rac"!+, S#a Eli,a# Dumama)Sale! and /ea!e+,
Jo#n S"e&#en
0uiam-ao)PAT+, C#ri!"o&#er Ca-i(ao)Credi" Tran!ac"ion!+, /i(aya Ali&ao)Tor"! and Dama(e!+, An"#ony
Pur(anan)/TD+,
'a. Rica!ion Tu(adi )Con1lic"! o1 /a2+
San Beda College of Law
2$5
MEMORY AID IN CIVIL LAW
%ersons liable are the principal,
accomplice and accessories.
It includes restitution, reparation
of damages and indemnification of
conse(uential damages.
The rule on proximate cause in
(uasi4delict cases is applicable to
cases involving civil liability arising
from delict. Art. ..,., N$$
Circu"stances affecting Ci5il Lia1ilit*
.. Custif*ing
circu"stances
#efendant is free from civil
liability if justifying circumstances
are properly establishes.
0. E3e"ting
Circu"stances
They do not erase the civil
liability.
2. Mitigating and
Aggra5ating Circu"stances
#amages to be adjudicated
may either be decreased or
increased depending on the presence
of mitigating or aggravating
circumstances.
Effect of Deat/
A. #:AT= A9T:2 9INA' >C#)B:NT@
extinguishes criminal liability of the
person liable but will not extinguish
the civil liability.
. #:AT= :9O2: 9INA'
>C#)B:NT@
G$%$RA& R'&$@ The defendant is
relieved from both criminal and civil
liability arising from criminal
liability.
$)C$!*+,%( In case of libel and
physical injuries wherein the
plaintiff initially opted to claim
damages in the criminal proceeding
can file another case under Article
33 o9 t"e Civil Code.
Effect of (ardon
%ardon does not erase civil
liability.
5hile pardon removes the
existence of guilt so that in the
eyes of the law the offender is
deemed innocent and treated as
though he never committed the
offence, it does not operate to
remove all the effects of the
previous conviction.
DE+ENDANTS IN TORT CASES
Concurrent Negligence or Acts
.. Coint Tort%feasors
All the persons who
command, instigate,
promote, encourage,
advice, countenance,
cooperate in, aid, or
abet the commission of a
tort, or who approve of
it after it is done, if
done for their benefit6
they are each liable as a
principal, to the same
extent and in the same
manner as if they have
performed the wrongful
act themselves.
The responsibility of two
or more persons liable
for (uasi4delict is
solidary !Article 2110
Civil Code"6 they are not
liable pro rata, they are
jointly and severally
liable for the whole
amount.
0. Motor 5e/icle "is/as
The owner is solidarily liable
with the driver, if the former,
who was in the vehicle, could
have, by the use of due
diligence, prevented the
misfortune. !Article 2180 Civil
Code"
&olidary liability is imposed on
the owner not because of his
imputed liability but because his
own omission is a concurring
proximate cause of the injury.
:icarious Lia1ilit* or Doctrine of
I"uted Negligence
CIVIL LAW COMMITTEE
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON : Vida Bocar, Joyce Vidad EDP : Alnaia Ha!!iman, Doro"#y $ayon
S%BJECT HEADS: C#ri!"o&#er Rey 'ara!i(an )Per!on! and *amily Rela"ion!+, Ale,andro Ca!a-ar)Pro&er"y+, 'a.
R#odora
*errer).ill! and Succe!!ion+, Ian Dominic Pua)O-li(a"ion! and Con"rac"!+, S#a Eli,a# Dumama)Sale! and /ea!e+,
Jo#n S"e&#en
0uiam-ao)PAT+, C#ri!"o&#er Ca-i(ao)Credi" Tran!ac"ion!+, /i(aya Ali&ao)Tor"! and Dama(e!+, An"#ony
Pur(anan)/TD+,
'a. Rica!ion Tu(adi )Con1lic"! o1 /a2+
San Beda College of Law
2$6
MEMORY AID IN CIVIL LAW
A person is not only liable for torts
committed by himself, but also
for torts committed by others
with whom he has a certain
relation or for whom he is
responsible. !Article 2180 Civil
Code"
:xercise of diligence of a good father of
a family to prevent damage is a
defense.
Doctrine of Responeat
Superior 8 the liability is strictly
imputed, the employer is liable
not because of his act or
omission but because of the act
or omission of the employee6
employer cannot escape liability
by claiming that he exercised
due diligence in the selection or
supervision of the employee.
G$%$RA& R'&$( Dicarious liability in
the %hilippines is not governed by the
doctrine of res6ondeat su6erior6
employers or parents are made liable not
only because of the negligent or
wrongful act of the person for whom
they are responsible but also because of
their own negligence@
*" 'iability is imposed on
the employer because he failed
to exercise due diligence in the
selection or supervision of the
employee
." %arents are made liable
because they failed to exercise
due diligence
$)C$!*+,%( #octrine of
res6ondeat su6erior is applicable in@
*" liability of employers
under Article *,0 of the 2%$
." liability of a partnership
for the tort committed by a
partner
(ersons :icariousl* Lia1le: 'Article
2134 of the Ci!il Coe5
.. T/e +at/er= or in case of deat/ or
incaacit*= "ot/er
9or damage caused by@
a" minor children
b" living in their company
This has already
been modified
by Art. ..* of
the 9amily $ode
to the extent
that the
alternative
(ualification of
the liability of
the father and
the mother has
been removed.
NOTES:
The basis of liability for the
acts or omissions of their minor
children is the parental authority
that they exercise over them,
except for children *A to .*.
The same foreseability test
of negligence should apply to
parents when they are sought to
be held liable under Art. .*A,,
N$$
The liability is not limited to
parents, the same is also
imposed on those exercising
substitute and special parental
authority, i.e., guardian.
The liability is present only
both under Art .*A, of the N$$
and Art ..* of the 9amily $ode if
the child is living in his parents<
company.
%arental authority is not the
sole basis of liability. A teacher
in charge is still liable for the
acts of their students even if the
minor student reaches the age of
majority.
The parents or guardians can
still be held liable even if the
minor is already emancipated
provided that he is below .*
years of age.
%arents and other persons
exercising parental authority can
escape liability by proving that
they observed all the diligence
of a good father of a family to
prevent damages. !Art. .*A,"
CIVIL LAW COMMITTEE
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON : Vida Bocar, Joyce Vidad EDP : Alnaia Ha!!iman, Doro"#y $ayon
S%BJECT HEADS: C#ri!"o&#er Rey 'ara!i(an )Per!on! and *amily Rela"ion!+, Ale,andro Ca!a-ar)Pro&er"y+, 'a.
R#odora
*errer).ill! and Succe!!ion+, Ian Dominic Pua)O-li(a"ion! and Con"rac"!+, S#a Eli,a# Dumama)Sale! and /ea!e+,
Jo#n S"e&#en
0uiam-ao)PAT+, C#ri!"o&#er Ca-i(ao)Credi" Tran!ac"ion!+, /i(aya Ali&ao)Tor"! and Dama(e!+, An"#ony
Pur(anan)/TD+,
'a. Rica!ion Tu(adi )Con1lic"! o1 /a2+
San Beda College of Law
2$7
MEMORY AID IN CIVIL LAW
The burden of proof rests on
the parents and persons
exercising parental authority.
0. Guardians
9or damage caused by
a. minors or incapacitated
persons
b. under their authority
c. living in their company
2. O<ners and "anagers of
esta1lis/"ents
9or damage caused by@
a" their employees
b" in the service of the branches in
which they are employed, or
c" on the occasion of their
functions
4. E"lo*ers
9or damages
cause by@
a" employees and household
helpers
b" acting within the scope of their
assigned tas3s
c" even if the employer is not
engaged in any business or
industry
NOTES:
'iability of the employer can be
established by proving the existence
of an employer4employee
relationship with the actor and the
latter caused the injury while
performing his assigned tas3 or
functions.
The vicarious liability attaches only
when the tortuous conduct of the
employees relates to or is in the
course of his employment.
5hile the employer incurs no
liability when an employee<s
conduct, act or omission is beyond
the range of employment, a minor
deviation from the assigned tas3 of
an employee, however does not
affect the liability of an employer.
!-alenzuela vs. CA, 2.3 SCRA 303"
It is a defense that the employer
exercised proper diligence in the
selection and supervision of
negligent employee.
6. State
9or damage caused by@
a" a special agent
b) not when the damage has been
caused by the official to whom the
tas3 done properly pertains
%ublic officers
who are guilty
of tortuous
conduct are
personally liable
for their
actions.
7. Sc/ools= Teac/ers and
Ad"inistrators
9or damage caused by@
a" pupils and students or
apprentices
b" in their custody
statutor2 :asis@
if student is minor 8 Art. .*?, 9$
if student is no longer a
minor 8 Art. .*A,, $ivil $ode
NOTES:
Applies also to teachers of
academic institutions.
'iability attaches to the
teacher4in4charge.
The school itself is now
solidarily liable with the teacher4
in4charge.
The liability extends to acts
committed even outside the
school so long as it is an official
activity of the school.
5henever the school or
teacher is being made liable, the
parents and those exercising
substitute parental authority are
CIVIL LAW COMMITTEE
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON : Vida Bocar, Joyce Vidad EDP : Alnaia Ha!!iman, Doro"#y $ayon
S%BJECT HEADS: C#ri!"o&#er Rey 'ara!i(an )Per!on! and *amily Rela"ion!+, Ale,andro Ca!a-ar)Pro&er"y+, 'a.
R#odora
*errer).ill! and Succe!!ion+, Ian Dominic Pua)O-li(a"ion! and Con"rac"!+, S#a Eli,a# Dumama)Sale! and /ea!e+,
Jo#n S"e&#en
0uiam-ao)PAT+, C#ri!"o&#er Ca-i(ao)Credi" Tran!ac"ion!+, /i(aya Ali&ao)Tor"! and Dama(e!+, An"#ony
Pur(anan)/TD+,
'a. Rica!ion Tu(adi )Con1lic"! o1 /a2+
San Beda College of Law
2$
MEMORY AID IN CIVIL LAW
not free from liability because
Art. .*? of the 9amily $ode
expressly provides that they are
subsidiarily liable.
Art. .*A, ma3es teachers
and heads liable for acts of
students and apprentices
whether the latter are minors or
not.
G$%$RA& R'&$( The teacher4in4charge
is liable for the acts of his students. The
school and administrators are not liable.
$)C$!*+,%( It is only the head of the
school, not the teacher who is held liable
where the injury is caused in a school of
arts and trade.
The liability of
the teacher subsists whether the
school is academic or non4
academic.
'iability is
imposed only if the pupil is
already in the custody of the
teacher or head. The student is
in the custody of the school
authorities as longs as he is
under the control and influence
of the school and within its
premises whether the semester
had not yet begun or has already
ended.
The
victim of negligence is li3ewise
re(uired to exercise due care in
avoiding injury to himself.
Ot/er (ersons :icariousl* Lia1le:
.. Inn&eeers and
,otel&eeers
They are ci!ill( liable
for crimes committed in
their establishments in
cases of violations of
statutes by them, in
default of persons
criminally liable.
!Article 102 Revised
!enal Code"
They are subsiiaril(
liable for the
restitution of goods
ta3en by robbery or
theft within their houses
from guests lodging
therein, or for payment
of the value thereof,
provided that@
a. The
inn3eeper
was notified
in advance
of the
deposit of
such goods
within the
inn6 and
b. The guest
shall have
followed
the
directions
which such
inn3eeper
or his
representati
ve may
have given
with
respect to
the care
and
vigilance
over the
goods.
0. (artners/i
%artnership or every partner
is liable for torts committed
by one of the partners acting
Dit"in t"e sco6e o9 t"e 9ir
:usiness, though they do not
participate in, ratify, or have
3nowledge of such torts.
%artners are liable as joint
tort4feasors.
Dicarious liability is similar to
the common law rule on
res6ondeat su6erior.
'iability is entirely imputed
and the partnership cannot
obviously invo3e diligence in
the selection and supervision
of the partner.
2. Souses
CIVIL LAW COMMITTEE
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON : Vida Bocar, Joyce Vidad EDP : Alnaia Ha!!iman, Doro"#y $ayon
S%BJECT HEADS: C#ri!"o&#er Rey 'ara!i(an )Per!on! and *amily Rela"ion!+, Ale,andro Ca!a-ar)Pro&er"y+, 'a.
R#odora
*errer).ill! and Succe!!ion+, Ian Dominic Pua)O-li(a"ion! and Con"rac"!+, S#a Eli,a# Dumama)Sale! and /ea!e+,
Jo#n S"e&#en
0uiam-ao)PAT+, C#ri!"o&#er Ca-i(ao)Credi" Tran!ac"ion!+, /i(aya Ali&ao)Tor"! and Dama(e!+, An"#ony
Pur(anan)/TD+,
'a. Rica!ion Tu(adi )Con1lic"! o1 /a2+
San Beda College of Law
2$!
MEMORY AID IN CIVIL LAW
a. a:solu
te
co
unit2
o9
6ro6er
t2
The absolute
community
property shall
be for liabilities
incurred by
either spouses
by reason of
crime or (uasi4
delict in case of
absence or
insufficiency of
the exclusive
property of the
debtor4spouse.
!Article 10
;ail2 Code"
%ayments shall
be considered
advances to be
deducted from
the share of the
debtor spouse
upon li(uidation
of the
community.
:. conAug
al
6artne
rs"i6
o9
gains
G$%$RA& R'&$( %ecuniary indemni4ties
imposed upon the husband or wife are
not chargeable against the conjugal
partnership but against the separate
properties of the wrongdoer.
$)C$!*+,%( $onjugal partnership
should be made liable@
*" 5hen
the
profits
have
inured to
the
benefit
of the
partners
hip, or
." If one of
the
spouses
committ
ed the
tort
while
performi
ng a
business
or if the
act was
supposed
to
benefit
the
partners
hip.
c. regi
e o9
se6ara
tion o9
6ro6er
t2
:ach spouse is
responsible for hisIher
separate obligation.
C. STRICT LIA;ILIT-
5hen the person is made
liable independent of fault or
negligence upon submission of
proof of certain facts
specified by law.
NOTE: &trict liability tort can be
committed even if reasonable care was
exercised and regardless of the state of
mind of the actor at that time.
T-(ES:
.. Ani"als
G$%$RA& R'&$( The possessor of an
animal or whoever may ma3e use of the
same is responsible for the damages
which it may cause although it may
escape or be lost.
$)C$!*+,%( 5hen the damage was
caused by force majeure or by the
person who suffered the damage.
!Article 2183 Civil Code"
CIVIL LAW COMMITTEE
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON : Vida Bocar, Joyce Vidad EDP : Alnaia Ha!!iman, Doro"#y $ayon
S%BJECT HEADS: C#ri!"o&#er Rey 'ara!i(an )Per!on! and *amily Rela"ion!+, Ale,andro Ca!a-ar)Pro&er"y+, 'a.
R#odora
*errer).ill! and Succe!!ion+, Ian Dominic Pua)O-li(a"ion! and Con"rac"!+, S#a Eli,a# Dumama)Sale! and /ea!e+,
Jo#n S"e&#en
0uiam-ao)PAT+, C#ri!"o&#er Ca-i(ao)Credi" Tran!ac"ion!+, /i(aya Ali&ao)Tor"! and Dama(e!+, An"#ony
Pur(anan)/TD+,
'a. Rica!ion Tu(adi )Con1lic"! o1 /a2+
San Beda College of Law
25"
MEMORY AID IN CIVIL LAW
NOTES:
If the
acts of a
third
person
cannot
be
foreseen
or
prevente
d, then
the
situation
is similar
to that
of force
majeure
and the
possessor
is not
liable.
!;rancisc
o, *orts
and
=aages
"
Art. .*A0
is
applicabl
e
whether
the
animal is
domestic
,
domestic
ated, or
wild.
0. +alling o1>ects
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. !Article 2113 Civil
Code"
The term E"ead o9 t"e
9ail2F is not limited to the
owner of the building, and it
may even include the lessee
thereof. !=ingcong vs.
Ianaan, 72 !"il 10"
2. Lia1ilit* of e"lo*ers
Article *+** of the N$$
imposes an obligation on
owners of enterprises and
other employers to pay for
the death or injuries to their
employees.
'iability is strict because it
exists even if the cause is
purely accidental.
If the mishap was due to the
employee<s own notorious
negligence, or voluntary act
or drun3enness, the employer
shall not be liable for
compensation.
5hen the employee<s lac3 of
due care contri:uted to his
death or injury, the
compensation shall be
e(uitably reduced.
If the death or injury is due
to the negligence of a fellow4
wor3man the latter and the
employer shall be solidarily
liable for compensation.
If a 9elloD-Dor8erCs
intentional or malicious act is
the only cause of the death or
injury, the employer shall not
be answerable unless it
should be shown that the
latter did not exercise due
diligence in the selection or
supervision of the plaintiff<s
fellow4wor3er.
4. Nuisance
Any act, omission,
establishment, business,
condition of property, or
anything else which@
a. Injures or endangers the health or
safety of others6
b. Annoys or offends the senses6
c. &hoc3s, defies or disregards decency
or morality6
d. Obstructs or interferes with the free
passage of any public highway or
street, or any body of water6 or
CIVIL LAW COMMITTEE
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON : Vida Bocar, Joyce Vidad EDP : Alnaia Ha!!iman, Doro"#y $ayon
S%BJECT HEADS: C#ri!"o&#er Rey 'ara!i(an )Per!on! and *amily Rela"ion!+, Ale,andro Ca!a-ar)Pro&er"y+, 'a.
R#odora
*errer).ill! and Succe!!ion+, Ian Dominic Pua)O-li(a"ion! and Con"rac"!+, S#a Eli,a# Dumama)Sale! and /ea!e+,
Jo#n S"e&#en
0uiam-ao)PAT+, C#ri!"o&#er Ca-i(ao)Credi" Tran!ac"ion!+, /i(aya Ali&ao)Tor"! and Dama(e!+, An"#ony
Pur(anan)/TD+,
'a. Rica!ion Tu(adi )Con1lic"! o1 /a2+
San Beda College of Law
251
MEMORY AID IN CIVIL LAW
e. =inders or impairs the user of
property. !Article 410 Civil Code"
There is strict liability on the
part of the owner or
possessor of the property
where a nuisance is found
because he is obliged to
abate the same irrespective
of the presence or absence of
fault or negligence.
:very successive owner or
possessor of property who
fails or refuses to abate a
nuisance in that property
started by a former owner or
possessor is liable therefore
in the same manner as the
one who created it. !Article
484 Civil Code"

6. (roduct lia1ilit* 1* "anufacturers
Banufacturers and processors
of foodstuffs, drin3s, toilet
articles and similar goods
shall be liable for death or
injuries caused by any noxious
or harmful substances used,
although no contractual
relation exists. !Article 2187
Civil Code"
Ot/er cases of lia1ilit* <it/out fault:
%roprietor of a building or structure, for
damages resulting from its
total or partial collapse, if it
should be due to lac3 of
necessary repairs. .
reach of implied warranties.
$onsumer Act !2.A. +0?-" 8 any 9ilipino
or foreign manufacturer,
producer and importer,
independently of fault shall
be liable for redress for
damages caused to consumers
by defects resulting from@
design6
manufacture6
construction6
assembly and erection6
formulas and handling and ma3ing up6 or
presentation or pac3ing of their products
as well as for the insufficient
or inade(uate information on
the use and haGards thereof.
4. :ven when an act or event causing
damage to another<s property was
not due to the fault or negligence of
the defendant, the latter shall be
liable for indemnity if through the
act or event he was benefited. !Art.
23 Civil Code"
(ROD$CT AND SER:ICE LIA;ILIT-
Alternati5e t/eories on 1asis of lia1ilit*
1. &rau or misrepresentation
Not all expression of opinion
are actionable
misrepresentations if they are
established to be inaccurate.
2. 6arranties
The $onsumer Act recogniGes
that the provisions of the
$ivil $ode on conditions and
warranties shall govern all
contracts of sale with
conditions and warranties.
2etailer shall be subsidiarily
liable under the warranty in
case of failure of both the
manufacturer and distributor
to honor the warranty.
%rivity of contract is not
necessary.
3. ,e"li"ence
In product liability law,
certain standards are already
imposed by special laws, rules
and regulations of proper
government agencies6 certain
acts or omissions are
expressly prohibited by the
statutes thereby ma3ing
violation thereof negligence
per se.
It is negligence per se if
manufacturer manufactured
products which do not comply
with the safety standards
CIVIL LAW COMMITTEE
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON : Vida Bocar, Joyce Vidad EDP : Alnaia Ha!!iman, Doro"#y $ayon
S%BJECT HEADS: C#ri!"o&#er Rey 'ara!i(an )Per!on! and *amily Rela"ion!+, Ale,andro Ca!a-ar)Pro&er"y+, 'a.
R#odora
*errer).ill! and Succe!!ion+, Ian Dominic Pua)O-li(a"ion! and Con"rac"!+, S#a Eli,a# Dumama)Sale! and /ea!e+,
Jo#n S"e&#en
0uiam-ao)PAT+, C#ri!"o&#er Ca-i(ao)Credi" Tran!ac"ion!+, /i(aya Ali&ao)Tor"! and Dama(e!+, An"#ony
Pur(anan)/TD+,
'a. Rica!ion Tu(adi )Con1lic"! o1 /a2+
San Beda College of Law
252
MEMORY AID IN CIVIL LAW
promulgated by appropriate
government agencies.
7. -elict
The liability may be based on
criminal negli4gence under
the 2%$ or violation of any
special law.
8. Strict liabilit(
Banufacturers and
processors of foodstuffs,
drin3s, toilet articles,
and similar goods, shall
be liable for death or
injuries caused by any
noxious or harmful
substances used
although no contractual
relation exists. !Article
2187 Civil Code"
%rivity of contract is not
re(uired.
It does not preclude an
action based on
negligence !(uasi4delict"
for the same act of
using noxious or harmful
substances.
Article ?+ and ?? of the
$onsumer Act imposes
liability on defective
products and services
upon manufacturers
independent of fault.
Jnowledge of the
manufacturer is not
important6 the focus is
on the condition of the
product and not on the
conduct of the
manufacturer or seller.
DE+ENSES:
A. The manufacturer, builder,
producer, or importer shall not
be liable when it evidences@
*" That it did not place the
product on the mar3et
." That although it did
place the product on the mar3et
such product had no defect
3) That the consumer of
third party is solely at fault. !Article
17 Consuer Act"
. The supplier of the services shall
not be held liable when it is
proven@
*" That there is no defect in the
service rendered
2) That the consumer of third party
is solely at fault. !Article 11 Consuer
Act"
Re!uisites: The
plaintiff should allege
and prove that@
*" The product was defective6
." The product was manufactured
by the defendant6
0" The defective product was the
cause of his injury.
4 KINDS O+ DE+ECTI:E
(ROD$CTS
*. manufacturing defect
.. design defect
0. presentation defect
-. absence of appropriate warning
;$SINESS TORTS
.. Interference of contracts
Elements%
a. existence of a valid contract
b. 3nowledge on the part of the third
person of the existence of the contract
c. interference of the third person
without legal justification.
The
existenc
e of a
contract
is
necessar
y and
the
breach
must
occur
because
of the
alleged
act of
CIVIL LAW COMMITTEE
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON : Vida Bocar, Joyce Vidad EDP : Alnaia Ha!!iman, Doro"#y $ayon
S%BJECT HEADS: C#ri!"o&#er Rey 'ara!i(an )Per!on! and *amily Rela"ion!+, Ale,andro Ca!a-ar)Pro&er"y+, 'a.
R#odora
*errer).ill! and Succe!!ion+, Ian Dominic Pua)O-li(a"ion! and Con"rac"!+, S#a Eli,a# Dumama)Sale! and /ea!e+,
Jo#n S"e&#en
0uiam-ao)PAT+, C#ri!"o&#er Ca-i(ao)Credi" Tran!ac"ion!+, /i(aya Ali&ao)Tor"! and Dama(e!+, An"#ony
Pur(anan)/TD+,
'a. Rica!ion Tu(adi )Con1lic"! o1 /a2+
San Beda College of Law
25#
MEMORY AID IN CIVIL LAW
interfer
ence6
No
action
can be
maintai
ned if
the
contract
is void.
Balice is
not
essentia
l.
Ele"ent
s of
ri5ileg
e to
interfer
e
*"The defendant<s purpose is a
justifiable one, and
."The actors employ no means of
fraud or deception which are
regarded as unfair.
E3tent
of
Lia1ilit*
:
A. 2ule in #aywalt vs. 'a
$orporation 0?%=I'1A+
#efendant
cannot be held liable for more than
the amount for which the
contracting party who was induced
to brea3 the contract can be held
liable.
. 2ule under Article ..,*
and ..,. $ivil $ode
*" If
in bad faith@ defendant is liable for
all natural and probable
conse(uences of his act or omission,
whether the same is forseen or
unforeseen.
." If
in good faith@ defandant is liable
only for conse(uences that can be
foreseen.
0. Interference <it/ rosecti5e
ad5antage
It is a tort committed when
there is no contract yet and
the defendant is only being
sued for inducing another not
to enter into a contract.
2. $nfair co"etition.
Cnfair $ompetition in
agricultural, commercial, or
industrial enterprises, or in
labor, through the use of
force, intimidation , deceit,
machination or any unjust or
oppressive or highhanded
method shall give rise to a
right of action by a person
who thereby suffers damage.
!Article 27 Civil Code"
$A&:& IN$'C#:#:
a. passing off and disparagement of
products
b. interference
c. misappropriation
d. monopolies and predatory pricing
4. Securities Related Torts
Kinds
a. 9raudulent Transactions
b. Bisstatements or Omission of
statement of a material fact
re(uired to be stated
#efendants are free
from liability if they can
prove that at the time
of the ac(uisition the
plaintiff 3new of the
untrue statement or if
he was aware of the
falsity.
E3tent of Da"ages:
Not exceeding triple the
amount of the
transaction.
(rescriti5e (eriod:
Action must be brought
within . years after
discovery of facts
constituting the cause
of action and within 1
yrs after such cause of
action accrued.
II. DAMAGES
DAMAGE
CIVIL LAW COMMITTEE
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON : Vida Bocar, Joyce Vidad EDP : Alnaia Ha!!iman, Doro"#y $ayon
S%BJECT HEADS: C#ri!"o&#er Rey 'ara!i(an )Per!on! and *amily Rela"ion!+, Ale,andro Ca!a-ar)Pro&er"y+, 'a.
R#odora
*errer).ill! and Succe!!ion+, Ian Dominic Pua)O-li(a"ion! and Con"rac"!+, S#a Eli,a# Dumama)Sale! and /ea!e+,
Jo#n S"e&#en
0uiam-ao)PAT+, C#ri!"o&#er Ca-i(ao)Credi" Tran!ac"ion!+, /i(aya Ali&ao)Tor"! and Dama(e!+, An"#ony
Pur(anan)/TD+,
'a. Rica!ion Tu(adi )Con1lic"! o1 /a2+
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25$
MEMORY AID IN CIVIL LAW
The detriment, injury or loss
which are occasioned by
reason of fault of another in
the property or person.
DAMAGES
The pecuniary compensation,
recompense or satisfaction
for an injury sustained or as
otherwise expressed, the
pecuniary conse(uences
which the law imposes for the
breach of some duty or
violation of some rights.
DAMN$M A;S#$E INC$RIA /=aage
>it"out +nAur2#
A person may have suffered
physical hurt or injury, but
for as long as no legal injury
or wrong has been done,
there is no liability.
There is no liability even if
there is damage because
there was no injury.
There can be damage without
injury.
In order that a plaintiff may
maintain an action for the
injuries of which he
complains, he must establish
that such injuries resulted
from a breach of duty which
the defendant owed to the
plaintiff.
In>ur* Da"age Da"ages
'egal
invasion of
a legal
right
'oss, hurt
or harm
which
results
from the
injury
The recom4
pense or
compensation
awarded for
the damage
suffered
NOTES:
A
complaint for damages is a personal
action. !7aritua vs. CA, 247 SCRA
331"
%roof of
pecuniary loss is necessary to
successfully recover actual damages
from the defendant. No proof of
pecuniary loss is necessary in case of
moral, nominal, temperate,
li(uidated or exemplary damages.
The
assessment of such damages, except
li(uidated ones, is left to the
discretion of the court according to
the circumstances of each case.
Kinds of da"ages 'MANTLE)
1. A ctual or $ompensatory
2. M oral
3. N ominal
4. T emperate or moderate
5. L i(uidated
6. E xemplary or corrective
A. ACT$AL OR
COM(ENSATOR-
DAMAGES
$omprehends not only the value of
the loss suffered but also that of the
profits which the obligee failed to
obtain.
Classification:
1. =
ano eergente 8 loss of what a
person already possesses
2. &
ucro cessante 8 failure to receive
as a benefit that would have
pertained to him
NOTE: The latter type includes@
*. 'oss or impairment of
earning capacity in cases of
temporary or permanent
personal injury.
.. Injury to the plaintiff<s
business standing or commercial
credit.
In crimes and (uasi4delict, the
defendant shall be liable for all
damages which are the natural and
probable conse(uences of the act
and omission complained of. It is not
CIVIL LAW COMMITTEE
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON : Vida Bocar, Joyce Vidad EDP : Alnaia Ha!!iman, Doro"#y $ayon
S%BJECT HEADS: C#ri!"o&#er Rey 'ara!i(an )Per!on! and *amily Rela"ion!+, Ale,andro Ca!a-ar)Pro&er"y+, 'a.
R#odora
*errer).ill! and Succe!!ion+, Ian Dominic Pua)O-li(a"ion! and Con"rac"!+, S#a Eli,a# Dumama)Sale! and /ea!e+,
Jo#n S"e&#en
0uiam-ao)PAT+, C#ri!"o&#er Ca-i(ao)Credi" Tran!ac"ion!+, /i(aya Ali&ao)Tor"! and Dama(e!+, An"#ony
Pur(anan)/TD+,
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San Beda College of Law
255
MEMORY AID IN CIVIL LAW
necessary that such damages have
been foreseen or could have
reasonably foreseen by the
defendant. !Article 2202 Civil Code"
The amount should be that which
would put plaintiff in the same
position as he would have been if he
had not sustained the wrong for
which he is now getting his
compensation or reparation.
To recover damages, the amount of
loss must not only be capable of
proof but must actually be proven.
Cncertainty as to the precise amount
is not necessarily fatal.
LOSS O+ EARNING CA(ACIT-:
-aria:les considered are(
*. life expectancy
.. net incomeIearnings
+or"ula@
L.I0 x !A,8age of death"M x mo. :arnings x *.
.
NOTE:
'ife expectancy is computed as
follows@
D 0?2 3 'EB%age at deat/) F
Net earnings is the total of the
earnings less expenses necessary for
the creation of such earnings and
less living or other incidental
expenses.
Loss of rofits
Bay be determined by considering
the average profit for the preceding
years multiplied by the number of
years during which the business was
affected by the wrongful act or
breach.
Attorne*@s fees
They are actual damages. It is due to
the plaintiff and not to the counsel.
%laintiff must allege the basis of his
claim for attorney<s fees in the
complaint6 the basis should be one of
the ** cases specified in Article 2208
o9 t"e Civil Code.
Interests
Award of interest in the concept of
actual and compensatory damages
actual damages.
The rate of interest, as well as the
accrual thereof is imposed as
follows@
*. 5hen the obligation is breached
and it consist of payment of sum
of money, i.e., a loan or
forbearance of money@
a. The interest due should
be that which may have been
stipulated in writing6
furthermore, the interest
due shall itself earn legal
interest from the time it is
judicially demanded.
b. In the absence of
stipulation, the rate of
interest shall be *.N per
annum to be computed from
default, i.e., from judicial or
extra4judicial demand under
and subject to the provisions
of Article **/? of the $ivil
$ode.
.. 5hen the obligation, not
constituting a loan or
forbearance or money, is
breached@
An interest on
the amount of damages to be
awarded may be imposed at
the discretion of the court at
the rate of /N per annum.
No interest
shall be adjudged on
unli(uidated claims or
damages, except when or
until demand can be
established with reasonable
certainty.
5here the
demand is established with
reasonable certainty, the
interest shall begin to run
from the time the claim is
made judicially or
extrajudicially.
0. 5hen the judgment of the court
awarding the sum of money
becomes final and executory, the
rate of legal interest shall be *.N
CIVIL LAW COMMITTEE
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON : Vida Bocar, Joyce Vidad EDP : Alnaia Ha!!iman, Doro"#y $ayon
S%BJECT HEADS: C#ri!"o&#er Rey 'ara!i(an )Per!on! and *amily Rela"ion!+, Ale,andro Ca!a-ar)Pro&er"y+, 'a.
R#odora
*errer).ill! and Succe!!ion+, Ian Dominic Pua)O-li(a"ion! and Con"rac"!+, S#a Eli,a# Dumama)Sale! and /ea!e+,
Jo#n S"e&#en
0uiam-ao)PAT+, C#ri!"o&#er Ca-i(ao)Credi" Tran!ac"ion!+, /i(aya Ali&ao)Tor"! and Dama(e!+, An"#ony
Pur(anan)/TD+,
'a. Rica!ion Tu(adi )Con1lic"! o1 /a2+
San Beda College of Law
256
MEMORY AID IN CIVIL LAW
per annum from such finality
until its satisfaction.
Doctrine of A5oida1le Conse!uences
A party cannot recover damages
flowing from conse(uences which
the party could reasonably have
avoided.
It has a reasonable corollary@ a
person who reasonably attempts to
minimiGe his damages can recover
the expenses that he incurred.
Doctrine of
A5oida1le
Conse!uences
Contri1utor*
Negligence
Acts of the
plaintiff occur
after the act or
omission of the
defendant
%laintiff<s act or
omission occurs
before or at the
time of the act or
omission of the
defendant
;. MORAL
DAMAGES
Includes physical suffering, mental
anguish, fright, serious anxiety,
besmirched reputation, wounded
feelings, moral shoc3, social
humiliation, and similar injury.
No proof of pecuniary loss is
necessary.
G$%$RA& R'&$( The plaintiff must
allege and prove@
1. The factual basis for moral
damages6 and
.. Its causal relation to the
defendant<s act
$)C$!*+,%( Boral damages may be
awarded to the victim in criminal
proceedings without the need for
pleading of proof of the basis thereof.
Re!uisites for a<ard of "oral da"ages:
*. There must be an injury whether
physical, mental or psychological,
clearly sustained by the claimant6
.. There must be a culpable act or
omission.6
0. &uch act or omission is the
proximate cause of the injury6
-. The damages is predicated on
the cases cited in Art...*?.
NOTE: The award of moral damages
cannot be granted in favor of a
corporation because, being an artificial
person, it has no feelings, no emotions,
no senses. It cannot therefore
experience physical suffering and mental
anguish which can be experienced only
by one having a nervous system.
C. NOMINAL
DAMAGES
Nominal damages are adjudicated in
order that a right of the plaintiff,
which has been violated or invaded
by the defendant, may be vindicated
or recogniGed, and not for the
purpose of indemnifying the plaintiff
for any loss suffered by him.
!Article...* $ivil $ode"
&mall sums fixed by the court
without regard to the extent of the
harm done to the injured party.
'aw presumes damage although
actual or compensatory damages are
not proven.
They are damages in name only and
are allowed simply in recognition of
a technical injury based on a
violation of a legal right.
Nominal damages cannot co4exist
with actual or compensatory
damages.
D. TEM(ERATE OR
MODERATE
DAMAGES
These are damages, which are more
than nominal but less than
compensatory, and may be
recovered when the court finds that
some pecuniary loss has been
suffered but its amount cannot be
proved with certainty. !Article 2220
Civil Code"
CIVIL LAW COMMITTEE
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON : Vida Bocar, Joyce Vidad EDP : Alnaia Ha!!iman, Doro"#y $ayon
S%BJECT HEADS: C#ri!"o&#er Rey 'ara!i(an )Per!on! and *amily Rela"ion!+, Ale,andro Ca!a-ar)Pro&er"y+, 'a.
R#odora
*errer).ill! and Succe!!ion+, Ian Dominic Pua)O-li(a"ion! and Con"rac"!+, S#a Eli,a# Dumama)Sale! and /ea!e+,
Jo#n S"e&#en
0uiam-ao)PAT+, C#ri!"o&#er Ca-i(ao)Credi" Tran!ac"ion!+, /i(aya Ali&ao)Tor"! and Dama(e!+, An"#ony
Pur(anan)/TD+,
'a. Rica!ion Tu(adi )Con1lic"! o1 /a2+
San Beda College of Law
257
MEMORY AID IN CIVIL LAW
In cases where the resulting injury
might be continuing and possible
future complications directly arising
from the injury, while certain to
occur are difficult to predict,
temperate damages can and should
be awarded on top of actual or
compensatory damages6 in such
cases there is no incompatibility
between actual and temperate
damages.
E. LI#$IDATED
DAMAGES
Those agreed upon by the parties in
a contract, to be paid in case of
breach thereof.
+. EGEM(LAR- OR
CORRECTI:E
DAMAGES
Imposed by way of example
or correction for the public
good, in addition to the
moral, temperate, li(uidated
or compensatory damages.
Re!uisites for t/e a<ard of
e3e"lar* da"ages:
*. They are imposed by way
of example in addition to
compensatory damages
and Imposed only after
the claimants right to
them has been
established6
.. They cannot be
recovered as a matter of
right, their
determination depending
upon the amount of
compensatory damages
that may be awarded6
0. The act must be
accompanied by bad
faith or done in wanton,
fraudulent, oppressive or
malevolent manner.
CIVIL LAW COMMITTEE
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON : Vida Bocar, Joyce Vidad EDP : Alnaia Ha!!iman, Doro"#y $ayon
S%BJECT HEADS: C#ri!"o&#er Rey 'ara!i(an )Per!on! and *amily Rela"ion!+, Ale,andro Ca!a-ar)Pro&er"y+, 'a.
R#odora
*errer).ill! and Succe!!ion+, Ian Dominic Pua)O-li(a"ion! and Con"rac"!+, S#a Eli,a# Dumama)Sale! and /ea!e+,
Jo#n S"e&#en
0uiam-ao)PAT+, C#ri!"o&#er Ca-i(ao)Credi" Tran!ac"ion!+, /i(aya Ali&ao)Tor"! and Dama(e!+, An"#ony
Pur(anan)/TD+,
'a. Rica!ion Tu(adi )Con1lic"! o1 /a2+

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