Beruflich Dokumente
Kultur Dokumente
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Principles of Torts
ABUSE OF RIGHT
Art. 19. Every person must, in the exercise of his
rights and in the performance of his duties, act with
justice, give everyone his due, and observe honesty
and good faith.
ELEMENTS:
ELEMENTS:
EXAMPLES:
BREACH OF PROMISE TO MARRY, SEDUCTION AND SEXUAL
ASSAULT
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MALICIOUS PROSECUTION
ELEMENTS:
PUBLIC HUMILIATION
UNJUSTIFIED DISMISSAL
Requisites:
(1) That the defendant has been enriched;
(2) That the plaintiff has suffered a loss;
(3) That the enrichment of the defendant is without
just or legal ground; and
(4) That the plaintiff has no other action based on
contract, crime or quasi-delict
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The Tortfeasor
BASIS OF LIABILITY
SCOPE OF LIABILITY
Classification of Torts
ACCORDING TO SCOPE
GENERAL
Respondeat
superior
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(1) School
(2) Administrators
(3) Teachers
(4) Individual, entity, or institution engaged in
child care
BASIS OF LIABILITY
MEANING OF MINORITY
NATURE OF LIABILITY
ADOPTED CHILDREN
ILLEGITIMATE CHILDREN
Exconde vs. Capuno (1957): The civil liability which the law
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GUARDIANS
LIABILITY OF GUARDIANS
Teacher-incharge
(the
one
designated to
exercise
supervision
over students)
Head
of
establishment
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Requisite for
Liability to
Attach
and Pupils
and
students
remain
in
teachers
custody
regardless of
the age
Custody
regardless of
Apprentices
UP COLLEGE OF LAW
(generally not
held liable)
Requisite for
Liability to
Attach
the age
be
For whose
acts
Owners
and Their
managers of an employees
establishment
or enterprise
Who are liable
Requisites for
liability to attach
The damage was
caused in the
service of the
branches in which
the employees are
employed
-ORThe damage was
caused on the
occasion of their
functions
MEANING OF EMPLOYER:
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Basis of liability
Employers negligence in
(1) The selection of their employees (culpa in
eligiendo)
(2) The supervision over their employees (culpa in
vigilando)
INDEPENDENT CONTRACTOR
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th
5th paragraph
Employers
in
general,
whether or not
engaged
in
business
or
industry
Covered acts
Negligent acts
of
employees
acting
within
the scope of
their assigned
task
Negligent acts of
employees
committed either in
the service of the
branches or on the
occasion of their
functions
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THE STATE
The State may not be sued without its consent. (Sec
3, Art XVI, 1987 Constitution)
Notes:
(a) As a governmental entity: Liable only for acts of
its special agents
(b) As a corporate entity: May be held liable just as
any other employer for the acts of its employees
(c) Special Agent: One duly empowered by a definite
order or commission to perform some act or one
charged with some definite purpose which give
rise to the claim; if he is a government employee
or official, he must be acting under a definite and
fixed order or commission, foreign to the exercise
of the duties of his office
JOINT TORTFEASORS
The responsibility of two or more persons who are
liable for quasi-delict is solidary. (Art. 2194)
Exceptions:
(1) There is express legislative consent
(2) The State filed the case (because here, it is
deemed to have waived its immunity.)
NATURE OF LIABILITY
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DIFFERENTIATED FROM:
REMOTE CAUSE
Proximate Cause
CONCEPT OF PROXIMATE CAUSE
In order that civil liability for negligence may arise,
there must be a direct causal connection between
the damage suffered by the plaintiff and the act or
omission of the defendant. In other words, the act or
omission of the defendant must be the proximate
cause of the loss or damage of the plaintiff.
INTERVENING CAUSE
DEFINITION
Bataclan v. Medina:
PROXIMATE CAUSE: that cause, which, in natural and
continuous sequence, unbroken by any efficient
intervening cause, produces the injury, and without
which the result would not have occurred.
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CAUSE V. CONDITION
Many courts have sought to distinguish between the
active cause of the harm and the existing
conditions upon which that cause operated. If the
defendant has created only a passive, static
condition which made the damage possible, he is
said not to be liable.
A natural
consequence of an act is the consequence which
ordinarily follows it. A probable consequence is one
that is more likely to follow than fail to follow its
supposed cause but it need not be one which
necessarily follows such cause.
FORESEEABILITY
LEGAL CAUSE
A natural consequence of an act is the consequence
which ordinarily follows it. A probable consequence
is one that is more likely to follow than fail to follow
its supposed cause but it need not be one which
necessarily follows such cause.
HINDSIGHT TEST:
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Note:
(a) If plaintiff is the proximate cause: NO RECOVERY
can be made.
(b) If plaintiff is NOT the proximate cause: Recovery
can be made but such will be mitigated.
(c) If negligence of parties is equal in degree, then
each bears his own loss.)
ELEMENTS:
CONTRIBUTORY NEGLIGENCE
Valenzuela v. CA: Conduct on the part of the injured
party, which contributed as a legal cause to the harm
he has suffered, which falls below the standard to
which he is required to conform for his own
protection.
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CLASSES OF INJURY
INJURY TO PERSONS
INJURY TO PROPERTY
Legal Injury
INJURY TO RELATIONS
Intentional Torts
CONCEPT
Under Article 2176, a person is also held liable for
intentional and malicious acts. The liability is
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TRESPASS TO LAND
Elements
An invasion
(1) which interfered with the right of exclusive
possession of the land, and
(2) which was a direct result of some act committed
by the defendant. (Prosser and Keeton, p. 67)
TRESPASS TO CHATTELS
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VIOLATION OF PRIVACY
Note:
Coverage of Art. 26 is not limited to those
enumerated therein, the enumeration being merely
examples of acts violative of a persons rights to
dignity, personality, privacy and peace of mind. Other
similar acts are also covered within the scope of
the article.
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Invasion of Privacy
Types:
(1) Publication of embarrassing private facts The
interest here is the right to be free from
unwarranted publicity, wrongful publicizing of
private affairs and activities, as these are outside
the ambit of legitimate public concern.
MALICIOUS PROSECUTION
Defamation
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DEFAMATION
UNJUST DISMISSAL
DEFENSES:
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Note:
The foregoing decision thus states that where the
employee does not seek reinstatement or expressly
or impliedly accepts the employers right to
terminate the contract of employment but questions
the manner in which said right was exercised and
predicates thereon his claim for moral and
exemplary damages, the claim is one for tort under
the Civil Code and not one arising from employeremployee relation under the Labor Code even if he
also demands in the action therefor payment of
termination pay which unquestionably derives from
their prior employer-employee relation.
KINDS
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LOSS OF CONSORTIUM
SOCIAL RELATIONS
MEDDLING WITH OR DISTURBING FAMILY RELATIONS
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ECONOMIC RELATIONS
Permissible competition
There is a privilege to interfere with prospects of
advantageous economic relations of others when:
(1) The defendants purpose is justifiable, and
(2) He employs no means which may be regarded as
unfair.
Prohibited competition
In order to qualify as unfair, it must have 2
characteristics:
(1) It must involve an injury to a trade or rival
(2) It must involve acts which are characterized as
contrary to good conscience, or shocking to
judicial sensibilities, or otherwise unlawful
Note:
Jarencio: Unfair competition dealt with in Art. 28 is
different from the unfair competition under Sec. 29
of RA 166. Unfair competition under Sec. 29 of Rep.
Act 166 consists in giving the same general
appearance to the goods manufactured or dealt in or
the services rendered by one person as the goods or
services of another who has already acquired a
public goodwill for such goods or services. Unfair
competition under Art. 28 of the Civil Code refers to
unfair competition in agricultural, commercial or
industrial enterprises or in labor through the use of
force, intimidation, deceit, machination or any other
unjust, oppressive or high- handed method. Unfair
competition under the Civil Code covers a broader
area than Rep. Act 166.
POLITICAL RELATIONS
VIOLATION OF RIGHT TO SUFFRAGE (NCC, ART. 32)
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Negligence
Art. 1173. The fault or negligence of the obligor
consists in the omission of that diligence which is
required by the nature of the obligation and
corresponds with the circumstances of the persons,
of the time and of the place. When negligence shows
bad faith, the provisions of Articles 1171 and 2201,
paragraph 2, shall apply.
If the law or contract does not state the diligence
which is to be observed in the performance, that
which is expected of a good father of a family shall
be required.
ELEMENTS
(1) Legal duty
(2) Breach
(3) Causation
(4) Damages
TEST OF NEGLIGENCE
Philippine National Railways vs. Brunty (2006): Did
defendant, in doing the alleged negligent act, use
that reasonable care and caution which an ordinarily
prudent person would have used in the same
situation? If not, the person is guilty of negligence.
The law, in effect, adopts the standard supposed to
be supplied by the imaginary conduct of the discreet
pater familias of the Roman law.
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STANDARD OF CARE
Picart vs. Smith (1918): Test: Did the defendant in
doing the alleged negligent act use that reasonable
care and caution which an ordinarily prudent man
would have used in the same situation? If not, then he
is negligent. Negligence in a given case is not
determined by reference to the personal judgment of
the actor in the situation before him, but is
determined in the light of human experience and the
facts involved in the particular case.
Note:
Only the KIND of injury needs to be foreseen, NOT
the actual specific injury.
STANDARD OF CARE REQUIRED OF BANKS
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EVIDENCE
QUANTUM OF PROOF IN QUASI-DELICT VS. QUANTUM OF
PROOF IN BREACH OF CONTRACT
PRESUMPTION OF NEGLIGENCE
Art. 2184. In motor vehicle mishaps, the owner is
solidarily liable with his driver, if the former, who was
in the vehicle, could have, by the use of due
diligence, prevented the misfortune. It is disputable
presumed that the driver was negligent, if he had
been found guilty of reckless driving or violating
traffic regulations at least twice within the next
preceding two months.
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DEFENSES
DUE DILIGENCE
Elements
(1) The accident is such that it would not have
happened in the ordinary course of events
without the negligence of someone;
(2) The
defendant
exercises
control
and
management.
(3) There is no contributory negligence on the part of
the plaintiff.
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Elements
Juntilla vs. Fontanar (1985): The elements of caso
fortuito are:
(1) 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 will;
(2) It must be impossible to foresee the event or if it
can be foreseen, it must be impossible to avoid;
(3) The occurrence must be such as to render it
impossible for the debtor to fulfill his obligation
in a normal manner; and
(4) The obligor must be free from any participation in
the aggravation of the injury resulting to the
creditor.
AUTHORITY OF LAW
General rule:
One who voluntarily assumed the risk of injury from a
known danger is debarred from recovery. A plaintiff
who, by his conduct, brought himself within the
operation of the maxim, volenti non fit injuria (that
to which a person assents is not presumed in law an
injury), cannot recover on the basis of the
defendants negligence.
Damage
Damages
Illegal
Loss, hurt, harm Recompense
invasion of a resulting
from compensation
legal right
the injury
awarded
or
Requisites
(1) That the plaintiff had actual knowledge of the
danger;
(2) That he understood and appreciated the risk from
the danger
(3) That he voluntarily exposed himself to such risk
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Exception:
Ilocos Norte vs. CA (1989): A person is excused from
the force of the rule (volenti non fit injuria), that
when he voluntarily assents to a known danger he
must abide by the consequences, if an emergency is
found to exist or if the life or property of another is in
peril or when he seeks to rescue his endangered
property.
Prescription periods:
(a) years for QD
(b) 1 year for defamation
Picart vs. Smith (1918): The person who has the last
fair chance to avoid the impending harm and fails to
do so is chargeable with the consequences, without
reference to the prior negligence of the other party.
Bustamante vs. CA (1991): 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 consequences to the plaintiff
notwithstanding the plaintiffs negligence.
WAIVER
Art. 1171.
Responsibility arising from fraud is
demandable in all obligations. Any waiver of an
action for future fraud is void.
DOUBLE RECOVERY NCC ART. 2177
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Question
As a result of a collision between a taxicab owned by
A and another taxicab owned by B, X, a passenger of
the first taxicab, was seriously injured. X later filed a
criminal action against both drivers.
Suggested Answer:
It depends. If the separate civil action is to recover
damages arising from the criminal act, reservation is
necessary. If the civil action against the taxicab
owners is based on culpa contractual or on quasidelict, there is no need for reservation.
Alternative Answer:
No such reservation is necessary. Under Section 1
Rule 111 of the 2000 Rules on Criminal Procedure,
what is deemed instituted with the criminal action
is only the action to recover civil liability arising from
the crime or ex delicto. All the other civil actions
under Articles 32, 33, 34, 2176 of the New Civil Code
are no longer deemed instituted, and may be filed
separately and prosecuted independently even
without any reservation in the criminal action
(Section 3, Rule 111, 2000 Rules on Criminal
Procedure). The failure to make a reservation of the
criminal action is not a waiver of the right to file a
separate and independent civil action based on
these articles of the New Civil Code (Casupanan vs.
Laroya, G.R. No. 145391, August 26, 2002)
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PRODUCTS LIABILITY
Art. 2187. Manufacturers and processors of
foodstuffs, drinks, 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 between them and the
consumers.
BURDEN OF PROOF
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If the consumer opts for the alternative under subparagraph (a) of the second paragraph of this Article,
and replacement of the product is not possible, it
may be replaced by another of a different kind, mark
or model: Provided, That any difference in price may
result thereof shall be supplemented or reimbursed
by the party which caused the damage, without
prejudice to the provisions of the second, third and
fourth paragraphs of this Article.
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NUISANCE
Art. 694. A nuisance is any act, omission,
establishment, business, condition of property, or
anything else which:
(1) Injures or endangers the health or safety of
others; or
(2) Annoys or offends the senses; or
(3) Shocks, defies or disregards decency or morality;
or
(4) Obstructs or interferes with the free passage of
any public highway or street, or any body of
water; or
(5) Hinders or impairs the use of property.
Negligence
Nuisance
Basis
Liability is based on lack Liability
attaches
of proper care and regardless of the skill
diligence
exercised to avoid the
injury
Condition of the Act
Act complained of is There is continuing harm
already done which being suffered by the
caused injury to the aggrieved party by the
plaintiff
maintenance of the act
or
thing
which
constitutes the nuisance
Remedy
Action for damages
Abatement
NUISANCE PER SE
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PUBLIC NUISANCE
PRIVATE NUISANCE
ATTRACTIVE NUISANCE
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Coverage
Applies only to acts of nonfeasance or the
nonperformance of some acts which a person is
obliged or has responsibility to perform.
Nature of liability
(1) Of the police officer Primary
(2) City or municipality - Susidiary
The defense of having observed the diligence of a
good father of a family to prevent the damage is not
available to the city/municipality.
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Note:
If the owner was NOT inside the vehicle, Art. 2180
applies.
Summary:
Owner PRESENT in the
Owner NOT PRESENT in
Vehicle
the Vehicle
Owner is liable if he could Owner may be held
have
prevented
the liable under Art. 2180,
mishap by the exercise of par. 5.
due diligence.
Caedo vs. Yu Khe Tai (1968): Car owners are not held
to a uniform and inflexible standard of diligence as
are professional drivers. In many cases they refrain
from driving their own cars and instead hire other
persons to drive for them precisely because they are
not trained or endowed with sufficient discernment
to know the rules of traffic or to appreciate the
relative dangers posed by the different situations
that are continually encountered on the road. What
would be a negligent omission under aforesaid
Article on the part of a car owner who is in the prime
of age and knows how to handle a motor vehicle is
not necessarily so on the part, say, of an old and
infirm person who is not similarly equipped.
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HEAD OF FAMILY
NUISANCE
Sangco: A person who creates or maintains a
nuisance is liable for the resulting injury to others
regardless of the degree of care or skill exercised to
avoid the injury. The creation or maintenance of a
nuisance is a violation of an absolute duty.
Strict Liability
CLASSES
APPLICABILITY OF PROVISION
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Summary:
Person Strictly
Liable
Possessor of an
animal
or
whoever makes
use of them
even if the
animal is lost or
escaped
Owner of Motor
Vehicle
Manufacturers
and Processors
of
foodstuffs,
drinks,
toilet
articles
and
similar goods
(FDTAS)
Defendant
in
possession of
dangerous
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For What
For the damage
it may cause
Motor
vehicle
mishaps
Death
and
injuries caused
by any noxious
or
harmful
substances used
Death or injury
results
from
such possession
Defenses or
Exceptions
Force majeure
Fault of the
person
who
suffered
damage
Solidary liability
only
if
the
owner was in
the vehicle and
if he could have
prevented
it
thru
due
diligence
If not in vehicle
2180
Absence
on
contractual
relation NOT a
defense
possession or
use thereof is
indispensable in
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Person Strictly
For What
Liable
weapons/
substances
such as firearms
and poison
Provinces, Cities The death or
and
injuries suffered
Municipalities
by any person by
reason of the
defective
condition
of
roads, streets,
bridges, public
buildings, and
other
public
works
Proprietor
ofa) Total or partial
building/
collapse
of
structure
building
or
structure if due
to
lack
of
necessary repair
s
b) 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
c) By
excessive
smoke,
which
may be harmful
to persons or
property
d) By falling of
trees situated at
or
near
highways
or
lanes, if not
caused by force
majeure
e) By emanations
from
tubes,
canals, sewers
or deposits of
infectious
matter,
constructed
Defenses or
Exceptions
his occupation
or business
Person Strictly
Liable
Public
works
must be under
their
supervisions
Engineer,
Architect
Contractor
Responsibility
for
collapse
should be due
to the lack of
necessary
repairs
or
Head of the
Family that lives
in a building or
any part thereof
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For What
without
precautions
suitable to the
place
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
Liable
for
damages
caused
by
things thrown or
falling from the
same
Defenses or
Exceptions
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DAMAGES
Damages
DEFINITION
People vs. Ballesteros: Damages may be defined as
the pecuniary compensation, recompense, or
satisfaction for an injury sustained, or as otherwise
expressed, the pecuniary consequences which the
law imposes for the breach of some duty or the
violation of some right.
Special damages
Damages that arise from the special circumstance of
the case, which, if properly pleaded, may be added to
the general damages which the law presumes or
implies from the mere invasion of the plaintiffs
rights. Special damages are the natural, but NOT the
necessary result of an injury. These are not implied
by law.
REQUISITES
Asilio, Jr. v. People and Sps. Bombasi (2011): To seek
recovery of actual damages, it is necessary to prove
the actual amount of loss with a reasonable degree
of certainty, premised upon competent proof and on
the best evidence obtainable.
CLASSIFICATION
Art. 2197. Damages may be:
(1) Actual or compensatory;
(2) Moral;
(3) Nominal;
(4) Temperate or moderate;
(5) Liquidated; or
(6) Exemplary or corrective.
ACCORDING TO PURPOSE
General damages
Those which are the natural and necessary result of
the wrongful act or omission asserted as the
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DAMAGES
NOT SPECULATIVE
Actual damages to be compensable must be proved
by clear evidence, a court cannot rely on speculation,
conjectures or guesswork as to the fact and amount
of damages, but must depend on actual proof that
damages has been suffered and on evidence of the
actual amount.
General Rule
Attorneys fees and costs of litigation are recoverable
IF stipulated.
Exceptions
If there is no stipulation, they are recoverable only in
the following cases:
(1) By reason of malice or bad faith
(a) When exemplary damages are awarded
(b) In case of a clearly unfounded civil action
(c) Where defendant acted in gross and evident
bad faith
COMPONENTS
Actual damage covers the following:
(1) Value of loss; unrealized profit
(2) Attorneys fees and expenses of litigation
(3) Interest
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DAMAGES
Note:
In all cases, attorneys fees and costs of litigation
must be reasonable.
Even if expressly stipulated, attorneys fees are
subject to control by the Courts.
INTEREST
Art. 2209. If the obligation consists in the payment of
a sum of money, and the debtor incurs in delay, the
indemnity for damages, there being no stipulation to
the contrary, shall be the payment of the interest
agreed upon, and in the absence of stipulation, the
legal interest, which is six per cent per annum.
Base
(a) When the
obligation
is
breached, and it
consists in the
PAYMENT OF A
SUM
OF
MONEY, i.e., a
loan
or
forbearance of
money,
the
interest
due
should be
Rate
PAGE 364
Accrual
to be computed
from default, i.e.,
from JUDICIAL or
EXTRAJUDICIAL
demand
under
and subject to the
provisions
of
Article 1169 of the
Civil Code.
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Base
DAMAGES
Rate
Accrual
the rate of
legal interest,
whether the
case
falls
under a,b, or
c, above, shall
be 12% per
annum
established with
reasonable
certainty. Hence,
the interest shall
begin to run only
FROM THE DATE
THE JUDGMENT
OF THE COURT IS
MADE (at which
time
the
quantification of
damages may be
deemed to have
been reasonably
ascertained).
from
FINALITY
UNTIL
ITS
SATISFACTION,
this period being
deemed to be an
equivalent to a
forbearance
of
credit.
the discretion of
the court.
The actual base
for
the
computation of
legal
interest
shall be on the
amount finally
adjudged.
START OF DELAY
(1) Extrajudicial: demand letter
(2) Judicial: Filing of complaint
(3) Award
EXTENT OR SCOPE OF ACTUAL DAMAGES
Art.
Liability extends Note:
2201
to those:
Liability
(1) natural and extends to
probable
all damages
consequences which may
of the breach
be
(2) those that reasonably
have
been attributed to
Contracts
foreseen
the
nonand quasi
(3) those that performance
contracts
could
have of
the
been
obligation in
reasonably
case
of
foreseen
fraud, bad
Provided: obligor faith, malice
in good faith
or wanton
attitude
(FBM-WA).
Art.
Liability extends Note:
2202 Crimes
to all damages WON
and
which are the damage is
quasinatural
and foreseen is
delicts
probable
irrelevant
consequence
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DAMAGES
Note:
Interest may be allowed on damages awarded, in the
discretion of the court.
Daywalt vs. Recoletos et al.: The damages
recoverable upon breach of contract are, primarily,
the ordinary, natural and in a sense the necessary
damages resulting from the breach. Other damages,
known as special damages, are recoverable where it
appears that the particular conditions which made
such damages a probable consequence of the
breach were known to the delinquent party at the
time the contract was made.
Note:
Damages are to be increased or decreased (in case of
crimes only) according to aggravating or mitigating
circumstances present.
Interest, as part of damages, may be adjudicated in a
proper case, in the Courts discretion.
Contributory negligence of the plaintiff, in case of
quasi-delicts, shall reduce the damages to which he
may be entitled.
Note:
In crimes, no mitigation for contributory negligence.
Moral Damages
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DAMAGES
WHEN AWARDED
Awarded when injury consists of: (PBMF-MWSSS)
(a) Physical suffering
(b) Besmirched reputation
(c) Mental anguish
(d) Fright
(e) Moral shock
(f) Wounded feelings
(g) Social humiliation
(h) Serious anxiety
(i) Similar injury
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Question
Ortillo contracts Fabricato, Inc. to supply and install
tile materials in a building he is donating to his
province. Ortillo pays 50% of the contract price as
per agreement. It is also agreed that the balance
would be payable periodically after every 10%
performance until completed. After performing
about 93% of the contract, for which it has been paid
an additional 40% as per agreement, Fabricato, Inc.
did not complete the project due to its sudden
cessation of operations. Instead, Fabricato, Inc.
demands payment of the last 10% of the contract
despite its non-completion of the project. Ortillo
refuses to pay, invoking the stipulation that payment
of the last amount of 10% shall be upon completion.
Fabricato, Inc. brings suit for the entire 10% plus
damages. Ortillo counters with claims for (a) moral
damages for Fabricato, Inc.s unfounded suit which
has damaged his reputation as a philanthropist and
respected businessman in his community, and (b)
attorneys fees.
(a) Does Ortillo have a legal basis for his claim for
moral damages?
(b) How about his claim for attorneys fees, having
hired a lawyer to defend him?
Note:
Recovery may be had by the offended party and also
by her parents.
IN ACTS REFERRED TO IN ARTS. 21, 26, 27, 28, 29, 32,
34 &35, NCC
Suggested Answer:
(a) There is no legal basis to Ortillos claim for
moral damages. It does not fall under the
coverage of Article 2219 of the New Civil Code.
(b) Ortillo is entitled to attorneys fees because
Fabricatos complaint is a case of malicious
prosecution or a clearly unfounded civil action
(Art. 2208 [4] and [11], NCC).
WHEN RECOVERABLE
Art. 2219. Moral damages may be recovered in the
following and analogous cases:
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Temperate Damages
Nominal Damages
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REQUISITES
(1) Actual existence of pecuniary loss
(2) The nature and circumstances of the loss
prevents proof of the exact amount
(3) They are more than nominal and less than
compensatory.
(4) Causal connection between the loss and the
defendants act or omission.
(5) Amount must be reasonable.
Exemplary Or Corrective
Damages
Liquidated Damages
Art. 2226. Liquidated damages are those agreed
upon by the parties to a contract, to be paid in case
of breach thereof.
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WHEN RECOVERABLE
IN CRIMINAL OFFENSES; NCC ART. 2230
When
exemplary
damages are granted
the
crime
was
committed with an
Crimes
aggravating
circumstance/s
defendant acted with
Quasi-delicts
gross negligence
defendant acted in a
wanton,
fraudulent,
Contracts
and
reckless, oppressive, or
Quasi- contracts
malevolent
manner
(WFROMM)
If arising from
Art.
2230
Art.
2231
Art.
2232
General Principles
(1) Exemplary damages cannot be awarded alone:
they must be awarded IN ADDITION to moral,
temperate, liquidated
or
compensatory
damages.
(2) The purpose of the award is to deter the
defendant (and others in a similar condition)
from a repetition of the acts for which exemplary
damages were awarded; hence, they are not
recoverable as a matter of right.
(3) The defendant must be guilty of other malice or
else negligence above the ordinary.
(4) Plaintiff is not required to prove the amount of
exemplary damages.
a. But plaintiff must show that he is entitled to
moral, temperate, or compensatory
damage; that is, substantial damages, not
purely nominal ones. This requirement
applies even if the contract stipulates
liquidated damages.
b. The amount of exemplary damage need not
be pleaded in the complaint because the
same cannot be proved. It is merely
incidental or dependent upon what the
court may award as compensatory
damages.
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Graduation of Damages
DUTY OF THE INJURED PARTY
Art. 2203. The party suffering loss or injury must
exercise the diligence of a good father of a family to
minimize the damages resulting from the act or
omission in question.
Lim and Gunnaban vs. CA (2002): Article 2203 of the
Civil Code exhorts parties suffering from loss or injury
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BURDEN OF PROOF
The DEFENDANT has the burden of proof to
establish that the victim, by the exercise of the
diligence of a good father of a family, could have
mitigated the damages. In the absence of such
proof, the amount of damages cannot be reduced.
Note:
The victim is required only to take such steps as an
ordinary prudent man would reasonably adopt for
his own interest.
Art. 2215 In contracts, quasi-contracts, and quasidelicts, the court may equitably mitigate the
damages under circumstances other than the case
referred to in the preceding article, as in the
following instances:
(1) That the plaintiff himself has contravened the
terms of the contract;
(2) That the plaintiff has derived some benefit as a
result of the contract;
(3) In cases where exemplary damages are to be
awarded, that the defendant acted upon the
advice of counsel;
(4) That the loss would have resulted in any event;
(5) That since the filing of the action, the defendant
has done his best to lessen the plaintiff's loss or
injury.
RULES
IN CRIMES
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Miscellaneous Rules
LIQUIDATED DAMAGES
Art. 2227. Liquidated damages, whether intended as
an indemnity or a penalty, shall be equitably reduced
if they are iniquitous or unconscionable.
COMPROMISE
Art. 2031. The courts may mitigate the damages to
be paid by the losing party who has shown a sincere
desire for a compromise.
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NOMINAL DAMAGES
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