Acuario TIPSy

TORTS AND DAMAGES

1.

Article 31. When the civil action is based on an obligation not arising from
the act or omission complained of as a felony, such civil action may proceed
independently of the criminal proceedings and regardless of the result of the
latter.

5.

Remedies of a passenger:
a. He can file a criminal case against the driver under Article 365 of the
RPC.
b. He can file the criminal case but may prosecute the civil aspect
separately as an independent civil action under Article 33.
c. He can institute a civil case based on violation of the contract of
carriage against the common carrier.
2.

3.

4.

Article 1738. The extraordinary liability of the common carrier continues to

be operative even during the time the goods are stored in a warehouse of the
carrier at the place of destination, until the consignee has been advised of
the arrival of the goods and has had reasonable opportunity thereafter to
remove them or otherwise dispose them.
6.

Article 1734. Common carriers are responsible for the loss, destruction, or
deterioration of the goods, unless the same is due to any of the following
causes only:
(1) Flood, storm, earthquake, lightning, or other natural disaster or
calamity;
(2) Act of the public enemy in war, whether international or civil;
(3) Act or omission of the shipper or owner of the goods;
(4) The character of the goods or defects in the packing or on the
containers;
(5) Order or act of competent public authority.

7.

Article 704. Any private person may abate a public nuisance which is
specially injurious to him by removing, or if necessary, by destroying the
thing which constitutes the same, without committing a breach of the peace,
or doing unnecessary injury. But it is necessary:
(1) That demand be first made upon the owner or possessor of the property
to abate the nuisance;
(2) That such demand has been rejected;
(3) That the abatement be approved by the district health officer and
executed with the assistance of the local police; and
(4) That the value of the destruction does not exceed Three thousand pesos.

8.

Article 694. A nuisance is any act, omission, establishment, 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

Article 2199. Except as provided by law or by stipulation, one is entitled to

an adequate compensation only for such pecuniary loss suffered by him as
he has duly proved. Such compensation is referred to as actual or
compensatory damages.
Article 2217. Moral damages include physical suffering, mental anguish,
freight, serious anxiety, besmirched reputation, wounded feelings, moral
shock, social humiliation, and similar injury. Though incapable of pecuniary
computation, moral damages may be recovered if they are the proximate
result of the defendants wrongful act for omission.
Negotiorum Gestio
Article 2144. Whoever voluntarily takes charge of the agency or
management of the business or property of another, without any power from
the latter, is obliged to continue the same until the termination of the affair
and its incidents, or to require the person concerned to substitute him, if the
owner is in a position to do so. This juridical relation does not arise in either
of these instances:
(1) When the property or business is not neglected or abandoned;
(2) If in fact the manager has been tacitly authorized by the owner.
Solutio Indebeti
Article 2154. If something is received when there is no right to demand it,
and it was unduly delivered through mistake, the obligation to return it
arises.

Article 1736. The extraordinary responsibility of the common carriers lasts

from the time the goods are unconditionally placed in the possession of, and
received by the carrier for transportation until the same are delivered,
actually or constructively, by the carrier to the consignee, or to the person
who has right to receive them, without prejudice to the provisions of Article
1738.
Article 1737. The common carriers duty to observe extraordinary diligence
in the vigilance over the good remains in full force and effect even when
they are temporarily unloaded or stored in transit, unless the shipper or
owner has made use of the right of stoppage in transitu.

Article 20. Every person who, contrary to law, willfully or negligently

causes damage to another, shall indemnify the latter for the same.
Article 21. Any person who willfully causes loss or injury to another in a
manner that is contrary to morals, good customs or public policy shall
compensate the latter for the damage.

Acuario TIPSy
TORTS AND DAMAGES

(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.
9.

Article 695. Nuisance is either public or private. A public nuisance affects a

community or neighborhood or any considerable number of persons,
although the extent of the annoyance, danger or damage upon individuals
may be unequal. A private nuisance is one that is not included in the
foregoing definition.
Article 699. The remedies against a public nuisance are:
(1) A prosecution under the Penal Code or any local ordinance; or
(2) A civil action; or
(3) Abatement, without judicial proceedings.
Article 705. The remedies against a private nuisance are:
(1) A civil action; or
(2) Abatement, without judicial proceedings.

10. Article 26. Every person shall respect the dignity, personality, privacy and
peace of mind of his neighbors and other persons. The following and similar
acts, though they may not constitute a criminal offense, shall produce a
cause of action for damages, prevention and other relief:
(1) Prying into the privacy of anothers residence;
(2) Meddling with or disturbing the private life or family relations of
another;
(3) Intriguing to cause another to be alienated from his friends;
(4) Vexing or humiliating another on account of his religious beliefs, lowly
station in life, place of birth, physical defect, or other personal
condition.
11. Article 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.
Principle of abuse of rights
- Principle embodied in article 19. The term is used to refer to acts
performed which are not illegal but nevertheless make the actor liable
for damages, if in so acting or in exercising his right, his purpose is to
prejudice or injure another.
Elements of an abuse of rights:
(1) There is a legal right or duty;
(2) Which is exercised in bad faith;
(3) For the sole intent of prejudicing or injuring another.

12. Accion in Rem Verso

- This action is for the recovery of what has been paid without just cause.
- It can only be availed of if there is no other remedy to enforce it based
on contract, quasi-contract, crime or quasi-delict.
- This action is only subsidiary
- Requisites (Article 22/ Unjust enrichment) are:
(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, quasicontract, crime or quasi-delict.
13. Nonfeasance
- It means the omission of an act which a person ought to do.
Misfeasance
- It is the improper doing of an act which a person might lawfully do.
Malfeasance
- It is the doing of an act which a person ought not to do at all.
14. Acquittal which bars civil action:
(1) The accused is not the author of the crime;
(2) No crime existed;
(3) If there is a finding that in a final judgment in the criminal action that
the act or omission from which civil liability may arise did not exist.
15. Acquittal which does not bar civil action
(1) The liability of the accused is not criminal but only civil; or
(2) The civil liability is not derived from or based on the criminal act of
which the accused is acquitted, civil action will still prosper; or
(3) When the civil action is based on quasi-delict;
(4) When acquittal is based on reasonable doubt.
16. Nuisance per se
- The kind of nuisance which is always nuisance. By its nature, it is
always a nuisance at all times under any circumstances regardless of
location or surroundings.
Nuisance per accidens
- The kind of nuisance by reason of location, surrounding or in a manner
it is conducted or managed.
Contract of Adhesions
- Which are ready made contracts prepared by the carrier such as plane
tickets are not prohibited.