TORTS & DAMAGES

A. ELEMENTS OF QUASI DELICT/TORTS

1. act or omission
2. damage or injury is caused to another
3. fault or negligence is present
4. there is no pre-existing contractual relations between the parties
5. causal connection between damage done and act/omission
B. DISTINGUISHED FROM OTHER SOURCES OF OBLIGATION:
CONTRACT
Contract

Vinculum
Juris

QUASI DELICT
DELICT
Negligent act/ omission Act/omission
(culpa, imprudence)
committed
by
means of dolo
(deliberate,
malicious, in bad
faith)

Proof Needed

Preponderance
evidence

Defense
available

Exercise
of Exercise of diligence of
extraordinary
good father of a
diligence
(in
family
in
the
contract
of
selection
and
carriage),
Force
supervision
of
Majeure
employees

Pre-existing
contract

There is pre-existing No pre-existing contract

contract

Burden
proof

of Preponderance
evidence

of Contractual party. Prove

the ff.:
1. existence
of
a
contract
2. breach

of Proof
beyond
reasonable doubt

No

pre-existing
contract

Victim. Prove the ff.:

Prosecution. Accused is
1. damage
presumed innocent
2. negligence
until the contrary is
3. causal
connection
proved.
between negligence
and damage done

C. CIVIL LIABILITY IN QUASI-DELICT vs. DELICT

DIFFERENCE
Liability
Employer
Reservation
Requirement

QUASI-DELICT
of Solidary

DELICT
Subsidiary

Civil aspect of the quasi-delict is Civil aspect is Impliedly instituted

impliedly instituted with criminal with criminal action
action, but under 2000 Crimpro
Rules it is
independent and
separate

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Effect of judgement
of acquittal in a
criminal
case
involving
same
act/omission

Not a bar to
EXCEPT
pronounces
from which
existent

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recover civil damages Not a bar to recover civil damages

when
judgement
that the negligence
damage arise is non-

D. WHAT MUST BE PROVED

1. Negligence - In action for Quasi Delict, plaintiff must prove negligence of defendant
Exception:
a. In cases where negligence is presumed or imputed by law - this is only
rebuttable/presumption juris tantum
b. Principle of res ipsa loquitur (the thing speaks for itself) - grounded on the
difficulty in proving thru competent evidence, public policy considerations
2. Damage/injury
3. Causal connection between negligence and damage (to be actionable) -Defendants
negligence must be the proximate cause of the injury sustained by the plaintiff to
enable plaintiff to recover. Thus, if plaintiffs own conduct is the cause of the injury
there can be no recovery.
If plaintiff's negligence is only contributory he is considered partly responsible
only, may still recover from defendant but must be reduced by the courts in
proportion to his own negligence
Concept of proximate cause the adequate and efficient cause which in the
natural order of events and under the particular circumstances surrounding the
case, would naturally produce the event
E. DEFENSES:
1. CONTRIBUTORY NEGLIGENCE - the theory here is that the plaintiff was
also negligent together with the defendant; to constitute a defense, proximate
cause of injury/damage must be the negligence of defendant
2. CONCURRENT NEGLIGENCE - the theory here is that both parties are
equally negligent; the courts will leave them as they are; there can be no recovery
3. DOCTRINE OF LAST CLEAR CHANCE - even though a persons own acts
may have placed him in a position of peril and an injury results, the injured is
entitled to recover if the defendant thru the exercise of reasonable care and
prudence might have avoided injurious consequences to the plaintiff.
This defense is available only in an action by the driver or owner of one vehicle
against the driver or owner of the other vehicle involved.
Elements:
a. plaintiff was in a position of danger by his own negligence

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b. defendant knew of such position of the plaintiff

c. defendant had the least clear chance to avoid the accident by exercise of
ordinary care but failed to exercise such last clear chance and
d. accident occurred as proximate cause of such failure
Who may invoke: plaintiff
Inapplicable to:
1. joint tortfeasors
2. defendants concurrently negligent
3. as against 3rd persons
4. EMERGENCY RULE a person is not expected to exercise the same degree of
care when he is compelled to act instinctively under a sudden peril because a
person confronted with a sudden emergency may be left with no time for thought
and must make a speedy decision upon impulse or instinct

Applicable only to situations that are sudden and unexpected such as to

deprive actor of all opportunity for deliberation

But action must still be judged by the standard of the ordinary prudent man

Absence of forseeability

5. DOCTRINE OF ASSUMPTION OF RISK Volenti non fit injuria

Intentional exposure to a known danger

One who voluntarily assumed the risk of an injury from a known danger
cannot recover in an action for negligence or an injury is incurred

Plaintiffs acceptance of risk (by law/contract/nature of obligation) has erased

defendants duty so that his negligence is not a legal wrong

Applies to all known danger

6. DUE DILIGENCE diligence required

circumstances of persons, places, things

by

law/contract/depends

on

7. FORTUITOUS EVENT - no person shall be responsible for those events which

cannot be forseen, or which through forseen were inevitable
Exception: assumption of risk
8. DAMNUM ABSQUE INJURIA a principle that involves damage without
injury, therefore no liability is incurred; there is no legal injury
9. LAW specific provision of law
10. EXERCISE OF DILIGENCE OF GOOD FATHER OF FAMILY IN
SELECTION

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AND SUPERVISION OF EMPLOYEES

11. PRESCRIPTION
Injury to right of plaintiff/quasi delict
Defamation

- 4 years
- 1 year

When no specific provision, must be counted from the day they may be brought
12. PROSCRIPTION AGAINST DOUBLE RECOVERY - Responsibility for fault
or negligence under quasi-delict is entirely separate and distinct from civil action
arising from the RPC but plaintiff cannot recover damages 2x for same act or
omission of the defendant
13. ACT OR OMISSION IS NOT THE PROXIMATE CAUSE OF THE
DAMAGE
14. OTHER GROUNDS MOTION TO DISMISS
a. lack of jurisdiction over person of defendant
b. lack of jurisdiction over subject matter
c. venue improperly laid
d. plaintiff has no legal capacity to sue
e. there is another action pending between same parties for same cause
f. cause of action is barred by prior judgement /statute of limitations
g. pleading asserting claim states no cause of action
h. claim set forth in pleading has been paid, waived, abandoned,
extinguished
i. claim is unenforceable under the provision of statute of fraud
j. condition precedent for filing claim has not been complied with
F. PERSONS LIABLE FOR QUASI DELICT
1. TORTFEASOR - Whoever by act or omission causes damage to another, there being
no fault or negligence is obliged to pay for the damage done (art 2176).
2.

PERSONS VICARIOUSLY LIABLE the obligation imposed in 2176 is

demandable not only for ones own act or omission but also for those persons for
whom one is responsible (art 2180).
VICARIOUS LIABILITY law on imputed negligence; a person who
himself is not guilty of negligence is made liable for conduct of another
Reason:
1. public policy deeper pocket/capacity to pay
2. violation of duty on account of relationship he is negligent
a) PARENTS - The father, and in case of his death or incapacity, the mother are
responsible for damage caused by:
i. minor children
ii. who live in their company
Note: Father and Mother shall jointly exercise parental authority over common
children. In case of disagreement, father's decision shall prevail (art 211).

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b) GUARDIANS - Guardians are liable for damages caused by the minor or

incapacitated persons who are
i. under their authority &
ii. live in their company

c) OWNERS & MANAGERS OF ESTABLISHMENT/ENTERPRISE - Owners

& managers of establishment or enterprise are responsible for damages caused by
their employees
i.
ii.

in the service of the branches in which the latter are employed OR

in occasion of their function

d) EMPLOYERS - Employers shall be liable for damages caused by their

employees & household helpers
i. acting w/in the scope of their assigned task
ii. even though the former are not engaged in any business or industry
(unlike in RPC subsidiary liability of employer attaches in case of
insolvency of employer for as long as the employer is engaged in
business/industry)
Defenses available to employers:
i. exercise of due diligence ins election and supervision of employees
ii. act/omission was made outside working hours and in violation of
company's rules and regulations
e) STATE - The state is responsible when it acts through a special agent, but not
when the same is caused by an official to whom task done properly pertains in
which case art 2176 is applicable
f) SCHOOLS, ADMINISTRATOR, TEACHER - Teachers or heads of
establishments of arts & trades shall be liable for damages caused by their
i. pupils, students & apprentices
ii. as long as they remain in their custody
Note:
Family Code, art 218 - The school, its administration & teachers or the individual,
entity or institution engaged in child care shall have special parental authority &
responsibility over the minor child under their supervision, instruction or custody
(authority & responsibility shall apply to all authorized activities whether inside
or outside the premises or the school, entity or institution).
Family Code, art 219 - those given the authority & responsibility shall be
solidarily & principally liable for damages caused by act/omission of the
unemancipated minor; parents, judicial guardian or person exercising substitute
parental authority over said minor shall be subsidiarily liable.

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Difference between Articles 218 & 2180

Art 218
Art 2180
School, admin, teachers engaged in child Teachers, head of establishment in Arts
care are made expressly liable
and trades are made expressly liable
Liability of school, admin, teachers is No such express solidary nor subsidiary
solidary and parents are made subsidiary liability is stated
liable
Students involved must be minor

Students involved not necessarily minor

Issues:
1. whether or not schools are liable?
gen rule: schools are not liable as party defendants
exception:
a) FC 218 schools are expressly made liable
b) St. Francis case ruling schools liability as employer
c) PSBA case ruling school has liability based on contract
So that
a) if culprit is a teacher, follow St. Francis ruling (sue school as employer)
b) if culprit is a stranger, follow PSBA ruling (sue school based on
contract)
c) if culprit is a student - apply 2180
2. does 2180 apply to school of arts & trades only?
No. applies to all including academic institution per weight of jurisprudence
based on obiter of Justice JBL Reyes in the Exconde case
3. basis of liability of teacher principle of loco parentis (stand in place of
parents)
4. so long as they remain in their custody

not literal anymore; before: boarding & living with teacher due to
peculiar characteristic of trade & arts school

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as long as they are in the protective, supervisory capacity of teacher

special parental authority

3. PERSONS EXPRESSLY MADE LIABLE BY LAW (even without fault)

a. POSSESSOR OF AN ANIMAL OR WHOEVER MAKES USE OF THEM
EVEN
IF THE ANIMAL IS LOST OR ESCAPED
Except:
1. Force majeure
2. Fault of the injured/damaged person
b. OWNER OF MOTOR VEHICLE - In motor vehicle mishap, the owner is
solidarily
liable with the driver if:
1. he was in the vehicle, and
2. could have through due diligence prevented the misfortune
c. MANUFACTURERS & PROCESSORS OF FOODSTUFFS, DRINKS,
TOILET ARTICLES & SIMILAR GOODS
- they are liable for death and injuries caused by any noxious or harmful substances
used although no contractual relation exists between them and the consumers
d. DEFENDANT IN POSSESSION OF DANGEROUS WEAPONS OR
SUBSTANCES, SUCH AS FIREARMS AND POISON
- there is prima facie presumption of negligence on the part of defendant if death or
injury results from such possession
Exception: The possession or use thereof is indispensable in his
occupation or business
e. PROVINCES, CITIES & MUNICIPALITIES
-shall be liable for damages for the death or injuries suffered by any person by reason
of the defective condition of roads, streets, bridges, public buildings, and other public
works under their control or supervision
f. PROPRIETOR OF BUILDING OR STRUCTURE
- responsible for the damages resulting from any of the ff.:
i. total or partial collapse of building or structure if due to lack of
necessary repairs
ii.

explosion of machinery which has not been taken cared of with

due diligence, and the inflammation of explosive substances which
have not been kept in a safe and adequate place

iii.

by excessive smoke, which may be harmful to persons or property

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iv.

by falling of trees situated at or near highways or lanes, if not

caused by force majeure

v.

by emanations from tubes, canals, sewers or deposits of infectious

matter, constructed without precautions suitable to the place

g. ENGINEER, ARCHITECT OR CONTRACTOR

- if damage of building or structure is caused by defect in construction which happens
within 15 years from construction; action must be brought within 10 years from
collapse
h. HEAD OF FAMILY THAT LIVES IN A BUILDING OR PART THEREOF
- liable for damages caused by things thrown or falling from the same
G. SPECIAL TORTS
1. Art 19, 20, 21 (catch-all provision)
a. ABUSE OF RIGHTS (Art 19)
ELEMENTS:
i.

There is a legal right or duty

ii.

Which is exercised in bad faith

iii.

For the sole intent of prejudicing or injuring another

b. GENERAL SANCTION (Art. 20)

- for all other provisions of law which do not especially provide their own
sanction
ELEMENTS:
i.

In the exercise of his legal right or duty

ii.

Willfully or negligently causes damage to another

c. CONTRA BONUS MORES (ART 21)

ELEMENTS:
i.

There is an act which is legal

ii.

But which is contrary to morals, good custom, public order or

public policy

iii.

And it is done with intent to injure

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2. UNJUST ENRICHMENT
- Arts. 22, 23, 2142 & 2143

3. OSTENTATIOUS DISPLAY OF WEALTH

- Art. 25; thoughtless extravagance for pleasure or display during a period of public want
or emergency
4. VIOLATION OF RIGHT OF PRIVACY AND FAMILY RELATIONS
Art 26 - every person shall respect the dignity, personality, privacy and peace of
mind of his neighbors and other persons.
The ff. acts though they may not constitute a criminal offense, shall produce a cause
of action for damages, prevention and other relief:
i.

prying into the privacy of another's residence

iii.

meddling with or disturbing the private life or family relations of

another

iii.

intriguing to cause another to be alienated from his friends

iv.

vexing or humiliating another on account of his religious beliefs,

lowly station in life. Place of birth, physical defect, or other
personal condition

5. DERELICTION OF OFFICIAL DUTY OF PUBLIC OFFICERS

May be brought by any person suffering from material or moral loss because a public
servant refuses or neglects, without just cause to perform his official duty (art 27).
REQUISITES:
a. defendant is a public officer charged with the performance of a duty in
favor of the plaintiff
b. he refused or neglected without just cause to perform such duty
(ministerial)
c. plaintiff sustained material or moral loss as consequence of such nonperformance
d. the amount of such damages, if material
6. UNFAIR COMPETITION
- Unfair competition in agricultural, commercial or industrial enterprises or in labor
through the use of force, intimidation, deceit. Machination or other unjust, oppressive or
highhanded method (Art 28)

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7. MALICIOUS PROSECUTION
ELEMENTS;
a. that the defendant was himself the prosecutor/ he instigated its
commencement
b. that it finally terminates in his acquittal
c. that in bringing it the prosecutor acted without probable cause, and
d. that he was actuated by legal malice, that is, by improper and sinister motive
8. VIOLATION OF RIGHTS AND LIBERTIES OF ANOTHER PERSON
9. NUISANCE
a. DEFINITION - any act, omission, establishment, condition of property, or
anything else which:
i.

injures or endangers the health or safety to others, or

ii. annoys or offends the senses, or

iii. shocks, defies, or disregards decency or morality, or
iv. obstructs or interferes with the free passage of any public highway or
streets, or any body of water
v. hinders or impairs use of property
b. KINDS:
NUISANCE PER SE - denounced as nuisance by common law or by statute
NUISANCE PER ACCIDENS - those which are in their nature not nuisances,
but may become so by reason of their locality, surroundings, or the manner in
which they may be conducted, managed, etc.
PUBLIC - affects a community or neighborhood or any considerable number of
persons
REMEDIES AGAINST PUBLIC NUISANCES
1. Prosecution under the RPC or any local ordinance
2. Civil action
3. Abatement, without judicial proceeding
WHO MAY AVAIL OF REMEDIES
1. Public officers
2. Private persons - if nuisance is specially injurious to himself; the ff. steps
must be made:

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i.

demand be first made upon owner or possessor of the property to

abate the nuisance

ii.

that such demand has been rejected

iii.

that the abatement be approved by the district health officer and

executed with the assistance of local police

iv.

that the value of destruction does not exceed P3,000

PRIVATE - one that is not included in the foregoing definition; affect an

individual
or a limited number of individuals only
REMEDIES AGAINST PRIVATE NUISANCES
(1). Civil action
(2). Abatement, without judicial proceedings
WHO MAY AVAIL OF REMEDIES
(1). Public officers
(2). Private persons - if nuisance is specially injurious to himself; the ff.
steps must be made:
i.

demand be first made upon owner or possessor of the property to

abate the nuisance

ii.

that such demand has been rejected

iii.

that the abatement be approved by the district health officer and

executed with the assistance of local police

iv.

that the value of destruction does not exceed P3,000

b. DOCTRINE OF ATTRACTIVE NUISANCE

- a class of cases within the general rule that one is liable for the injury resulting
to another from failure to exercise the degree of care commiserate with the
circumstances

the attractiveness of the premises or of the dangerous instrumentality

to children of tender years is to be considered as an implied invitation,
which takes the children who accepted it out of the category of a
trespasser and puts them in the category of invitees, towards whom
the owner of the premises or instrumentality owes the duty of ordinary
care

H. DAMAGES
Kinds of Damages: (MENTAL)
MORAL
EXEMPLARY
NOMINAL

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TEMPERATE
ACTUAL
LIQUIDATED
1. ACTUAL/COMPENSATORY
- adequate compensation for
a) the value of loss suffered
b) profits which obligee failed to obtain
Exception:
a. provided by law
b. by stipulation
WHAT MUST BE DONE TO COLLECT ACTUAL DAMAGES:
1.) Plead or allege the loss
GENERAL DAMAGE - natural, necessary and logical consequences of a
particular wrongful act which result in injury; need not be specifically
pleaded because the law itself implies or presumes that they resulted from
the wrongful act
SPECIAL DAMAGES - damages which are the natural, but not the
necessary and inevitable result of the wrongful act; need to be pleaded
2.) Pray for the relief that claim for loss be granted
3.) Prove the loss
WHEN LOSS NEED NOT BE PROVED:
1.) Liquidated damages previously agreed upon; liquidated damages take the
place of actual damages except when additional damages incurred
2.) If damages other than actual are sought
3.) Loss is presumed (ex: loss if a child or spouse)
4.) Forfeiture of bonds in favor of the government for the purpose of
promoting public interest or policy (ex: bond for temporary stay of alien)

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CONTRACTS & QUASI CONTRACTS

1. Damages in case of Good faith a. Natural and probable consequence of breach of obligation, and
b. Parties have forseen or could have reasonably forseen at time obligation was constituted
2. Damages in case of bad faith
a. it is sufficient that damages may be reasonably attributed to the non-performance of the obligation
CRIMES & QUASI-CRIMES

defendant is liable for all damages that are natural and probable consequence of the act/omission
complained of

not necessary that damages have been forseen or could have been reasonably forseen

a) VALUE OF LOSS SUFFERED - Destruction of things, fines or penalties,

medical & hospital bills, attorney's fees, interests, cost of litigation
Damages recoverable:
1. Medical & Hospital Bills
2. Loss or impairment of earning capacity (in case of physical disability)
3. Damages for death
a) Minimum amount: P50,000
b) Loss of earning capacity unless deceased had permanent physical
disability not caused by defendant so that deceased had no earning
capacity at time of death
c) Support, if deceased was obliged to give support (for period not more than
5 years)
d) Moral damages
4. Attorney's fees
- as a general rule, attorney's fees (other than judicial costs) are not recoverable,
except:
a) stipulation between parties
b) when exemplary damages are awarded
c) when defendant's act/omission compelled plaintiff to litigate with 3 rd
persons or incur expenses to protect his interest
d) malicious prosecution

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e) clearly unfounded civil action or proceeding against plaintiff

f) defendant acted in gross & evident bad faith in refusing to satisfy
plaintiff's just & demandable claim
g) legal support actions
h) recovery of wages of household helpers, laborers & skilled workers
i) actions for indemnity under workmen's compensation and employer
liability laws
j) separate civil action to recover civil liability arising from crime
k) when double judicial costs are awarded
5. Judicial costs
6. interest
- discretionary on part of the court
b) UNREALIZED PROFITS - future earnings
WHEN IS DAMAGES MITIGATED:
1. Contributory negligence
2. In contracts. Quasi-contracts and quasi-delict a. plaintiff has contravened the terms of contract
b. plaintiff derived some benefit as result of contract
c. in case where exemplary damages are to be awarded, that the defendant
acted upon the advise of counsel
d. that the loss would have resulted in any event
e. that since the filing of the action, the defendant has done his best to lessen
the plaintiff's loss or injury
2. MORAL DAMAGES - (PBMF-MWSS)
a. Physical suffering
b. Besmirched reputation
c. Mental anguish
d. Fright
e. Moral shock
f. Wounded feelings
g. Social humiliation

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h. Serious anxiety
Notes:

Sentimental value of real or personal property may be considered in

adjudicating moral damages

The social and economic/financial standing of the offender and the offended
party should be taken into consideration in the computation of moral damages

Moral damages is awarded only to enable the injured party to obtain means,
diversions or amusements that will serve to alleviate the moral suffering he
has undergone, by reason of defendant's culpable action and not intended to
enrich a complainant at the expense of defendant

IN WHAT CASES MAY MORAL DAMAGES BE RECOVERED

(enumeration not exclusive):
a. Criminal offense resulting in physical injuries
b. Quasi-delicts causing physical injuries
c. Seduction, abduction, rape or other acts of lasciviousness
d. Adultery and concubinage
e. Illegal or arbitrary detention or arrest
f. Illegal search
g. Libel, slander or other form of defamation
h. Malicious prosecution
i. Acts mentioned in art 309 of the RPC relating to disrespect of the dead and
interference with funeral
j. Acts and actions referred to in arts 21, 26, 27, 28, 29, 30, 32, 34 and 35
k. The parents of the female seduced, abducted, raped, or abused
l. Spouse, descendants, ascendants and brother and sisters for acts mentioned in
art 309
m. Art 2220 - in cases of willful injury to property or breaches of contract where
defendant acted fraudulently or in bad faith
3. NOMINAL DAMAGES
- adjudicated in order that a right of the plaintiff, which has been violated or invaded by
the defendant, may be vindicated or recognized, and not for the purpose of indemnifying
the plaintiff for any loss suffered by him
ELEMENTS:
a. Plaintiff has a right

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b. Right of plaintiff is violated

c. Purpose is not to identify but vindicate or recognize right violated
4. TEMPERATE OR MODERATE DAMAGES
- more than nominal but less than compensatory where some pecuniary loss has been
suffered but its amount can't be proved with certainty due to the nature of the case
REQUISITES:
a. Some pecuniary loss
b. Loss is incapable of pecuniary estimation
c. Must be reasonable
5. LIQUIDATED DAMAGES
- those agreed upon by the parties to a contract, to be paid in case of breach thereof
WHEN LIQUIDATED DAMAGES MAY BE EQUITABLY REDUCED:
a. iniquitous or unconscionable
b. partial or irregular performance
6. EXEMPLARY OR CORRECTIVE DAMAGE
- imposed by way example or correction for the public good, in addition to the moral,
temperate, liquidated to compensatory damages

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