Beruflich Dokumente
Kultur Dokumente
Quasi-delict
Crime
public interest private concern
I. IN GENERAL
RPC punishes and CC repairs the
corrects the act damage by
A. What is a TORT? indemnification
punishes only includes all acts in
Essentially, "tort" consists in the violation of a when there is a which "any kind of
right given or the omission of a duty imposed penal law fault or negligence
by law. Tort is a breach of a legal duty. covering the act intervenes."
(Naguiat vs. NLRC) subsidiary liability solidary liability of
of employer employer
A tort is civil wrong, other than breach of ERs defense is ERs defense is that
contract, for which a court of law will afford a that employees accused observed due
remedy in the form of an action for damages. resources must diligence of a good
first be exhausted father of a family
Elements: (Barredo vs. Garcia)
1. Legal duty
2. Breach G. When is negligence presumed?
3. Causation
4. Damage In motor vehicle mishaps:
The doctrine of res ipsa loquitur (the thing Causation is the bringing about of a result,
speaks for itself) states that the happening of and a necessary element in establishing legal
an injury permits an inference of negligence liability.
where plaintiff produces substantial evidence
that injury was caused by an agency or J. What is PROXIMATE CAUSE?
instrumentality under exclusive control and
management of defendant, and that the Proximate legal cause is that acting first and
occurrence was such that in the ordinary
producing the injury, either immediately or by
course of things would not happen if
reasonable care had been used. (Layugan vs. setting other events in motion, all constituting a
IAC) natural and continuous chain of events, each
having a close causal connection with its
To be applicable, res ipsa loquitur requires: immediate predecessor, the final event in the
chain immediately effecting the injury as a
1) Evidence of the specific acts of
negligence is absent and not readily natural and probable result of the cause which
available; first acted, under such circumstances that the
2) The accident is of a kind which does person responsible for the first event should, as
not necessarily occur unless someone an ordinarily prudent and intelligent person,
is negligent;
3) The instrumentality which caused the
have reasonable ground to expect at the
injury was under the exclusive control moment of his act or default that an injury to
of the person in charge; and some person might probably result. (Vda. De
4) The injury suffered must not have been Bataclan vs. Medina, 1957)
due to any voluntary action or
contribution of the injured person. A prior and remote cause cannot be made the
basis of an action if such remote cause did
In this jurisdiction, res ipsa loquitur is not a nothing more than furnish the condition and
rule of substantive law but a mere evidentiary give rise to the occasion by which the injury
rule. Mere invocation and application of the was made possible, if there intervened
doctrine does not dispense with the between such prior or remote cause and the
requirement of proof of negligence. injury, a distinct, successive, unrelated and
efficient cause of the injury, even though such
injury would not have happened for such
Prof. Services Inc. vs. Agana condition or occasion. If no danger existed in
the condition except because of the
independent cause, such condition was not
For purposes of apportioning
the proximate cause and if an independent
responsibility in medical negligence cases, an negligent act which results in injury because
employer-employee relationship in effect exists of the prior defective condition, such
between hospitals and their attending and subsequent act or condition is the proximate
visiting physicians. The control test is cause. (Manila Electric Co. vs. Remoquillo,
1956)
determinative.
Recent years have seen the doctrine of
corporate negligence as the judicial answer to K. What is the relation of proximate cause
the problem of allocating hospitals liability for to the elements of negligence tort?
the negligent acts of health practitioners,
absent facts to support the application of The most basic element of any tort action is the
respondeat superior or apparent authority. Its causal connection between the act or omission
formulation proceeds from the judiciarys of the tortfeasor and the plaintiffs injury such
acknowledgment that in these modern times, that without it, no action will prosper.
the duty of providing quality medical service is
no longer the sole prerogative and
responsibility of the physician. L. When is proximate cause presumed?
EXCEPTION: However, the character and negligence rendering him liable for damages
purpose of a particular statute may be such to private respondent for the destruction of
that the courts will deem a reasonable the car which was serviced by the petitioner
connection between the injury and the due to the fire. (Cipriano vs. CA, 1996)
violation sufficient to award damages based
on negligence. In this case, proximate cause
is presumed and the injured party need not O. What Civil Code provisions on
establish proximate cause in the traditional obligations are applicable in quasi-delict?
sense.
The provisions of Articles 1172 to 1174 are
If the very injury which a particular statute also applicable to a quasi-delict. (Art. 2178)
intends to prevent happens, the violation of
the statute is presumed to be, the proximate
Art. 1172. Responsibility arising from
cause of the injury. The violation of ordinance
negligence in the performance of every kind of
intended to promote safety is in itself
obligation is also demandable, but such
negligence. (Teague vs. Fernandez)
liability may be regulated by the courts,
according to the circumstances.
M. Is the presumption that the violation of
the statute is the proximate cause Art. 1173. The fault or negligence of the
disputable? obligor consists in the omission of that
It depends. diligence which is required by the nature of
the obligation and corresponds with the
circumstances of the persons, of the time and
DISPUTABLE in the ff. cases: of the place. When negligence shows bad
faith, the provisions of Articles 1171 and
violation creates a prima facie case of 2201, paragraph 2, shall apply.
negligence
violation constitutes evidence of If the law or contract does not state the
negligence diligence which is to be observed in the
performance, that which is expected of a good
The defense that the violation was either father of a family shall be required.
justifiable or excusable under the
circumstances of the case is available. The Art. 1174. Except in cases expressly specified
legal grounds or excuse for violation of a by the law, or when it is otherwise declared by
statute: stipulation, or when the nature of the
obligation requires the assumption of risk, no
1. Anything that would make complying person shall be responsible for those events
with the statute IMPOSSIBLE; which could not be foreseen, or which, though
2. Anything over which the defendant has foreseen, were inevitable.
NO CONTROL and places him in a
position contrary to that required by Art. 1171. Responsibility arising from fraud is
the statute; demandable in all obligations. Any waiver of
3. An EMERGENCY not of the defendants an action for future fraud is void.
making causing him to violate the
statute; and
4. Conduct that is precisely excused or Art. 2201, par.2
EXEMPTED by the statute.
In case of fraud, bad faith, malice or wanton
CONCLUSIVE: It is not available in cases attitude, the obligor shall be responsible for all
where the statute provides for negligence per damages which may be reasonably attributed
se. to the non-performance of the obligation.
RULE: No person shall be seen responsible for What is the maxim of DAMNUM ABSQUE
those events which, could not foreseen, or INJURIA?
which, though foreseen, were inevitable.
If damage results from a person's exercising
EXCEPTIONS (LAS): his legal rights, it is damnum absque injuria.
Since conjunction of damage and wrong is
1. Cases expressly specified by law absent, damage sustained is not actionable.
2. Nature of obligation requires assuming
the risk
3. Cases declared by stipulation (Art.
1174) Damage v. Injury
DEFENSES
I was negligent and I am the proximate
The plaintiff voluntarily assumed the risk. Volenti non fit injuria. cause of the damage but the plaintiff
was guilty of contributory
What is the maxim of VOLENTI NON FIT INJURIA?
negligence.
RULE: The maxim volenti non fit injuria What is the effect of plaintiffs negligence
states that when a person voluntarily assents on his right to recover?
to a known danger, he must abide by the
consequences. IF it is the immediate and proximate CAUSE of
his injury, he CANNOT recover damages.
Illustration: The owner of an animal is
answerable only for damages caused to a IF only CONTRIBUTORY, the immediate and
stranger, and that for damage caused to the proximate cause of the injury being the
caretaker of the animal. A caretaker of defendant's lack of due care, the plaintiff may
animals voluntarily assumes the risks of his recover damages, but the courts shall
occupation. The owner would be liable only if MITIGATE the damages to be awarded. (Art.
he had been negligent or at fault under article 2179)
1902 of the Civil Code. (Afialde vs. Hisolde)
What is the doctrine of LAST CLEAR The obligation imposed by Article 2176 is
CHANCE? demandable from:
The doctrine of last clear chance (also 1. one's own acts or omissions,
supervening negligence or discovered 2. acts or omissions of persons for whom
peril) states that where both parties are one is responsible. (Art. 2180)
negligent, but the negligent act of one is
appreciably later in time than that of the A tortfeasor (liable directly or vicariously)
other, or when it is impossible to determine may be a natural or a juridical person.
whose fault or negligence should be attributed
to the incident, the one who had the last clear B. What is VICARIOUS LIABILITY?
opportunity to avoid the impending harm and
failed to do so is chargeable with the Vicarious liability is the imposition of liability
consequences thereof. An antecedent on one person for the actionable conduct of
negligence of a person doesnt preclude the another, based solely on a relationship
recovery of damages for the supervening between the two persons. The liability is
negligence of, or bar a defense against liability primary and solidary. (Blacks Law
sought by another, if the latter, who had the Dictionary)
last fair chance, could have avoided the
impending harm by the exercise of due Extra-contractual liability of this kind has been
diligence. (PBCom vs. CA, 1997) limited to cases wherein moral culpability
can be directly imputed to the person
Illustration: A calesa being driven on the charged.
road side of the road and a car converged on
BASES:
a bridge. A collision was averted when the car
swerved suddenly but the calesa still fell of
the bridge. Although the plaintiff was guilty of a. Doctrine of Imputed Negligence
negligence in being in the wrong side of the
bridge, the defendant was nevertheless civilly This doctrine places upon one person the
liable for the legal damages resulting from the responsibility for anothers negligence.
collision, as he had a fair opportunity to avoid
the accident after he realized the situation b. Respondeat superior
created by the negligence of the plaintiff and
failed to avail himself of that opportunity; It means nothing more than look to the man
while the plaintiff could by no means then higher up, (usually the employer or person
place himself in a position of greater safety. under whose control the tortfeasor was under)
(Picart vs. Smith, 1918) which is a manifestation of vicarious liability.
persons who are under their authority REQUISITES for liability to attach:
and live in their company.
c. The OWNERS and MANAGERS of an Parents (mnemonic: 21 + Authority &
establishment or enterprise are Company):
likewise responsible for damages
caused by their employees in the 1. The child is below 21 years old
service of the branches in which the 2. The child is under the parental
latter are employed or on the occasion authority of the parents
of their functions. 3. The child is living in the company of
d. EMPLOYERS shall be liable for the the parents
damages caused by their employees
and household helpers acting within Guardians (mnemonic: Authority &
the scope of their assigned tasks, even Company)
though the former are not engaged in 1. The ward if minor is below 21 years
any business or industry. old. If Incapacitated, the guardian is
liable for the acts of the ward
C. Who are liable vicariously? (continued) regardless of the latters age.
The child is under the parental
e. The STATE is responsible in like authority of the parents
manner when it acts through a special 2. The tortfeasor is under his authority
agent; but not when the damage has 3. The tortfeasor is living in his company
been caused by the official to whom
the task done properly pertains, in Is a minor or insane tortfeasor with NO
which case what is provided in Article parent or guardian liable?
2176 shall be applicable.
f. Lastly, TEACHERS or HEADS of Yes. He shall be answerable with his own
establishments of arts and trades shall property in an action against him where a
be liable for damages caused by their guardian ad litem shall be appointed. (Art.
pupils and students or apprentices, so 2182)
long as they remain in their custody.
(Art. 2180) Owners and managers of establishments
or enterprises
Art. 221 (Family Code) PARENTS and The term owners and managers of an
OTHER PERSONS EXERCISING PARENTAL establishment or enterprise is used in the
AUTHORITY shall be civilly liable for the sense of an EMPLOYER; hence, managers
injuries and damages caused by the acts or cannot be liable since they themselves are
omissions of their unemancipated children employees of the enterprise.
living in their company AND under their
parental authority subject to the appropriate Art 2180, par 4 may be unnecessary as Art
defenses provided by law. 2180, par 5 already covers the cases under
par 4.
Despite the lowering of the age of majority
from 21 to 18, parents are still liable for the Employers
torts committed by their children below 21
years of age. (Art 236, par 3 FC, as The liability of an employer is based primarily
amended by RA 6809). on the presumption that he failed to exercise
due diligence in the selection and supervision
of his employees.
Exceptions:
After working overtime up to midnight, Alberto,
an executive of an insurance company drove a
company vehicle to a favorite videoke bar a. There is express legislative consent
where he had some drinks and sang some songs b. The State filed the case
with friends to unwind. At 2:00 a.m., he
Instances where the state gives its
drove home, but in doing so, he bumped a consent to be sued:
tricycle, resulting in the death of its driver. May
the insurance company be held liable for the a. Art. 2180 (6) is an example of an
negligent act of Alberto? Why? express legislative consent. Here, the
State assumes a limited liability for the
acts of its special agents.
Suggested Answer: b. Art. 2189 provides for state liability for
The insurance company is not liable because damages caused by defective condition
when the accident occurred, Alberto was not of public works.
acting within the assigned tasks of his c. Local Government Code provides for
employment. the liability of local government units
for the for the wrongful exercise of its
It is true that under Art. 2180 (par. 5) of the proprietary (as opposed to its
Civil Code, employers are liable for damages governmental) functions. The latter is
caused by their employees who were acting the same as that of a private
within the scope of their assigned tasks. corporation or individual. (Mendoza vs.
However, the mere fact that Alberto was using De Leon)
a service vehicle of the employer at the time
of the injurious accident does not necessarily Who is a special agent?
mean that he was operating the vehicle within
the scope of his employment. In Castilex A special agent is
Industrial Corp. vs. Vasquez, Jr. (321 SCRA
393 [1999]), the Supreme Court held that a. A public official required to do a
notwithstanding the fact that the employee particular task that is foreign to said
did some overtime work for the company, the officials usual government functions,
former was, nevertheless, engaged in his own or
affairs or carrying out a personal purpose B. A PRIVATE INDIVIDUAL WHO IS
when he went to a restaurant at 2:00 a.m. COMMISSIONED FOR A SPECIAL GOVERNMENT
after coming out from work. The time of the TASK.
accident (also 2:00 a.m.) was outside normal
working hours. The agent must be empowered by a definite
order or commission to perform some act.
Alternative Answer: This act must be the one that gives rise to the
The insurance company is liable if Alberto was injury claimed. (Merritt vs. Government)
negligent in the operation of the car and the
car was assigned to him for the benefit of the If the States agent is not a public official and
insurance company, and even though he was is commissioned to perform non-
not within the scope of his assigned tasks governmental functions, then the State
when the accident happened. In one case assumes the role of an ordinary employer and
decided by the Supreme Court, where an can be held liable for the agents tort.
executive of a pharmaceutical company was
given the use of a company car, and after Does state immunity mean that injured
office hours, the executive made personal use persons are deprived of remedy?
The respective liabilities of those referred to in Yes. Responsibility ceased when they prove
the preceding paragraph shall not apply if it is that they observed all the diligence of a good
proved that they exercised the proper father of a family to prevent damage. (Art.
diligence required under the particular 2180)
circumstances.
All other cases not covered by this and the F. What is the liability of joint tortfeasors?
preceding articles shall be governed by the
provisions of the Civil Code on quasi-delicts. The responsibility of two or more persons who
are liable for quasi-delict is SOLIDARY. (Art.
Who are liable? 2194)
REQUISITES:
d. Public Humiliation
1) defendant is enriched
Carpio vs. Valmonte 2) plaintiff suffered damage or loss
3) there is no just or legal ground for
defendant's enrichment
Wedding coordinator accused by brides aunt
4) enrichment is at the expense of
for stealing jewelry, in the presence of other
plaintiff
people in hotel room. True, petitioner had the
right to ascertain the identity of the
malefactor, but to malign respondent without
B. Ostentatious Display of Wealth
an iota of proof is impermissible.
4. Defective condition of public works slope caused the van to gain speed and that,
5. Collapse of a building as he stepped on the brakes to check the
6. Things thrown or falling from a building acceleration, the brakes locked, causing the
van to go even faster and eventually to hit the
A. Damages caused by an animal car in front of it. Orlando and Diego contend
that the sudden malfunction of the vans
Who is liable for damages caused by an brake system is a fortuitous event and that,
animal? therefore, they are exempt from any liability.
32 CC. Any public officer or employee, or any The responsibility herein set forth is not
private individual, who directly or indirectly demandable from a judge unless his act or
obstructs, defeats, violates or in any manner omission constitutes a violation of the Penal
impedes or impairs any of the following rights code or any other penal statute.
and liberties of another person shall be liable
to the latter for damages: REQUISITE: FACT OF VIOLATION
Notes: Because of the last sentence, the civil the private complainant in the criminal case.
action provided under this article cannot (Casupanan vs. Laroya)
strictly be considered as an independent civil
action. The criminal action for violation of Batas
Pambansa Blg. 22 shall be deemed to include
It should be emphasized that the same the corresponding civil action and that no
negligent act causing damages may produce a reservation to file such civil action separately
civil liability arising from a crime under Art. shall be allowed. But a separate proceeding
100 of the Revised Penal Code or create an for the recovery of civil liability in cases of
action for quasi-delict or culpa extra- violations of B.P. No. 22 is allowed when the
contractual under Arts. 2176-2194 of the New civil case is filed ahead of the criminal case.
Civil Code. (Garcia vs. Florido) (Sps. Benito Lo Bun Tiong etc. vs. Vicente
Balboa)
If Liability being predicated on quasi-delict the
civil case may proceed as a separate and BAR QUESTION
independent civil action, as specifically
provided for in Article 2177 of the Civil Code. As a result of a collision between a taxicab
(Cinco vs. Canonoy) owned by A and another taxicab owned by B,
X, a passenger of the first taxicab, was
seriously injured. X later filed a criminal
VII. CIVIL LIABILITY ARISING action against both drivers.
(a)
FROM CRIME (a) Is it necessary for X to reserve his right to
Responsibility for fault or negligence is
institute a civil action for damages against both
entirely separate and distinct from the civil taxicab owners before he can file a civil action
liability arising from negligence under the for damages against them? Why?
RPC. But double recovery is not allowed. (Art.
(b) May both taxicab owners raise the defense
2177)
of due diligence in the selection and
supervision of their drivers to be absolved
RPC Art. 100 provides that every person who
from liability for damages to X? Reason.
is criminally liable for a felony is also civilly
liable. This general rule however presupposes
Suggested Answer:
that the felony had resulted in damage or
(a) It depends. If the separate civil action is
injury to anothers person or property. To
to recover damages arising from the
create an obligation or give rise to civil
criminal act, reservation is necessary. If
liability, an act or omission, whether
the civil action against the taxicab owners
intentional or negligent, must have caused
is based on culpa contractual or on quasi-
damage or injury to another, otherwise only
delict, there is no need for reservation.
criminal liability will attach.
(b) It depends. If the civil action is based on
quasi-delict, the taxicab owners may raise
Though the general rule provides that one
the defense of diligence of a good father of
who is not criminally liable cannot be civilly
a family in the selection and supervision of
liable, RPC Arts. 101-103 provide exceptions
the driver; if the action against them is
as they provide for vicarious liability for
based on culpa contractual or civil liability
certain types of offenders and subsidiary
arising from a crime, they cannot raise the
liability in case of default of the offender.
defense.
The civil liability established by RPC Arts.
Alternative Answer:
100-103 include:
No such reservation is necessary. Under
Section 1 Rule 111 of the 2000 Rules on
a. Restitution;
Criminal Procedure, what is deemed
b. Reparation of the damage caused;
instituted with the criminal action is only the
and
action to recover civil liability arising from the
c. Indemnification for consequential
crime or ex delicto. All the other civil actions
damages.
under Articles 32, 33, 34, 2176 of the New
Civil Code are no longer deemed instituted,
Deemed instituted in every criminal
and may be filed separately and prosecuted
prosecution is the civil liability arising from the
independently even without any reservation in
crime or delict per se (civil liability ex delicto),
the criminal action (Section 3, Rule 111, 2000
but not those liabilities from quasi-delicts,
Rules on Criminal Procedure). The failure to
contracts or quasi-contracts. (Neplum vs.
make a reservation the criminal action is not a
Orbeso)
waiver of the right to file a separate and
independent civil action based on these
An accused in a pending criminal case can
articles of the New Civil Code (Casupanan vs.
validly file, simultaneously and independently,
Laroya, G.R. No. 145391, August 26, 2002)
a separate civil action for quasi-delict against
II. KINDS OF DAMAGES (1) The amount of damages must be fair and
just and commensurate to the loss.
Kinds of Damages (MENTAL) - In case of contracts, only those
(1) ACTUAL/COMPENSATORY- for loss actually injuries which could have been
suffered reasonably foreseen by the parties
(2) MORAL- mental anguish, etc. by the parties at the time the
(3) NOMINAL- for rights recognized and contract was entered into are
violated recoverable.
(4) TEMPERATE/MODERATE- for damages
proved but the amount was not proven (2) The damages must be proximate damages
(5) LIQUIDATED- stipulated damages in the and not remote or speculative.
contract
(6) EXEMPLARY/CORRECTIVE- to serve as an (3) The damages must be proven by
example for the common good (Art. competent evidence (admissible or
2197) probative)
- It is necessary to prove with a
reasonable degree of certainty,
premised upon competent proof
A. Actual or Compensatory
and on the best evidence
obtainable by the injured party, the
When is a person entitled to actual or
actual amount of loss. (Integrated
compensatory damages?(Art. 2199)
Packaging Corp. vs. CA; Fuentes
A)
vs. CA)
When there is a pecuniary loss
suffered by him
(4) Complaint and prayer must specify
When he has alleged and prayed
amount of damages and pay filing fees
for such relief (Manchester Devt
before it may be accepted and admitted
Corp vs. CA)
for filing. (Circ. No. 7, Mar. 24, 1988;
When he has duly proved it
Manchester Devt. Corp. vs. CA, 1987).
B)
When provided by law
(5) The requirement of certainty does not
Or by stipulation
prevent the drawing of reasonable
inferences from the fact and circumstance
in evidence.
Damages for Personal Injury & Death When can attorneys fees, other than
(Art. 2206) judicial costs, be recovered? (SELMUBS-
CREWD) (Art. 2208).
Recoverable damages for death caused by a
crime or quasi-delict: (1) If there is a stipulation to that effect
(a) At least three thousand pesos, even (2) When exemplary damages are
though there may have been awarded;
mitigating circumstances. (3) When the defendant's act or omission
- As of 2008, it is P75,000 (People has compelled the plaintiff to litigate
vs. Robert Brodett y Pajaro, Jan. with third persons or to incur expenses
18, 2008) to protect his interest;
(4) In criminal cases of malicious
(b) Loss of the earning capacity of the prosecution against the plaintiff;
deceased, (5) In case of a clearly unfounded civil
- paid to his heirs action or proceeding against the
- unless the deceased on account of plaintiff;
permanent physical disability not (6) Where the defendant acted in gross and
caused by the defendant, had no evident bad faith in refusing to satisfy
earning capacity at the time of the plaintiff's plainly valid, just and
death; demandable claim;
(7) In actions for legal support;
(c) Support according to the provisions of (8) In actions for the recovery of wages of
Article 291 household helpers, laborers and skilled
- the recipient who is not a testate or workers;
intestate heir may demand support (9) In actions for indemnity under
from the person causing the death, workmen's compensation and
for a period not exceeding five employer's liability laws;
years (10) In a separate civil action to recover civil
liability arising from a crime;
(d) Moral damages (11) When at least double judicial costs are
- demanded by the spouse, awarded;
legitimate and illegitimate (12) In any other case where the court
descendants and ascendants of the deems it just and equitable that
deceased attorney's fees and expenses of
litigation should be recovered.
Factors:
fees, such filing, however, has almost (7) Libel, slander or any other form of
invariably been held not to be a ground for defamation;
an award of moral damages. (8) Malicious prosecution;
8. The burden rests on the person claiming (9) Acts mentioned in Article 309;
moral damages to show convincing (disrespect for the dead)
evidence for good faith is presumed. In a (10) Acts and actions referred to in Articles
case involving simple negligence, moral 21, 26, 27, 28, 29, 30, 32, 34, and 35.
damages cannot be recovered. (Villanueva
vs. Salvador) Who else can recover moral damages?
9. Failure to use the precise legal terms or
"sacramental phrases" of "mental anguish,
- Parents of the female seduced,
fright, serious anxiety, wounded feelings
abducted, raped, or abused, referred
or moral shock" does not justify the denial
to in No. 3
of the claim for damages. It is sufficient
- The spouse, descendants, ascendants,
that these exact terms have been pleaded
and brothers and sisters (SDABS) may
in the complaint and evidence has been
bring the action mentioned in No. 9 in
adduced (Miranda-Ribaya vs. Bautista)
the order named.
10. Even if the allegations regarding the
amount of damages in the complaint are
What are the other legal grounds for
not specifically denied in the answer, such
awarding moral damages?
damages are not deemed admitted.
- Willful injury to property if such
(Raagas, et al. vs. Traya et al.)
damages are justly due.
11. An appeal in a criminal case opens the
- Breaches of contract where the
whole case for review and this 'includes
defendant acted fraudulently or in bad
the review of the penalty, indemnity and
faith. (Art. 2220)
damages. Even if the offended party had
not appealed from said award, and the
Labor Cases
only party who sought a review of the
Moral damages are recoverable only where
decision of said court was the accused, the
the dismissal of the employee:
court can increase damages awarded
(Sumalpong vs. CA)
(1) Was attended by bad faith or fraud
Cases where recovery of moral damages are allowed (2) Constituted an act oppressive to labor
(3) Was done in a manner contrary to
morals, good customs, or public policy.
(1) A criminal offense of physical injuries;
(2) Quasi-delicts causing physical injuries;
(3) Seduction, abduction, rape, or other BAR QUESTION
lascivious acts;
(4) Adultery or concubinage;
(5) Illegal or arbitrary detention or arrest; Ortillo contracts Fabricato, Inc. to supply and
(6) Illegal search; install tile materials in a building he is donating
(7) Libel, slander, defamation; to his province. Ortillo pays 50% of the contract
(8) Malicious prosecution; price as per agreement. It is also agreed that
(9) Article 309;
the balance would be payable periodically after
(10) Articles 21, 26, 27, 28, 29, 30, 32,
34, and 35. (Art. 2219) every 10% performance until completed. After
(11) wilful injury to property (Art. 2220) performing about 93% of the contract, for
(12) breach of contract (Art. 2220) which it has been paid an additional 40% as per
(13) death of passenger from breach a agreement, Fabricato, Inc. did not complete the
breach of carriage (Art. 1764 in
relation to Art. 2206 and (Expertravel
project due to its sudden cessation of
& Tours vs. CA) operations. Instead, Fabricato, Inc. demands
payment of the last 10% of the contract despite
Art. 2219. Moral damages may be its non-completion of the project. Ortillo
recovered in the following and analogous refuses to pay, invoking the stipulation that
cases: (not an exclusive list; 2PI-SALAMI-
309-Others)
payment of the last amount of 10% shall be
upon completion. Fabricato, Inc. brings suit for
(1) A criminal offense resulting in physical the entire 10% plus damages. Ortillo counters
injuries; with claims for (a) moral damages for Fabricato,
(2) Quasi-delicts causing physical injuries; Inc.s unfounded suit which has damaged his
(3) Seduction, abduction, rape, or other
lascivious acts;
reputation as a philanthropist and respected
(4) Adultery or concubinage; businessman in his community, and (b)
(5) Illegal or arbitrary detention or arrest; attorneys fees.
(6) Illegal search;
(b) Yes, based on contract and/or on tort. Nominal damages are incompatible with:
The lessor willfully breached his actual, temperate and exemplary damages.
obligations under Article 1654, NCC,
hence, he is liable for breach of Armovit vs. CA
Nominal damages cannot co-exist with actual
contract. For such breach, the lessee may or compensatory damages.
recover moral damages under Art. 2220 of the
NCC, and actual damages that she may have Francisco v. Ferrer
suffered on account thereof. And since the No moral or exemplary damages was
conduct of the lessor was contrary to morals, awarded. Nevertheless, when confronted with
he may also be held liable for quasi-delict. their failure to deliver on the wedding day the
The lessee may recover moral damages under wedding cake ordered and paid for, petitioners
Article 2219 (10) in relation to Article 21, and gave the lame excuse that delivery was
all actual damages which she may have probably delayed because of the traffic, when
suffered by reason of such conduct under in truth, no cake could be delivered because
Articles 9, 20 and 21. the order slip got lost. For such prevarication,
petitioners must be held liable for nominal
Yes, the action should prosper for both actual damages for insensitivity, inadvertence or
and moral damages. In fact, even exemplary inattention to their customer's anxiety and
damages and attorneys fees can be claimed need of the hour.
by Rosa, on the authority of Magbanua vs.
IAC (137 SCRA 328), considering that, as
given, the lessors willful and illegal act of D. Temperate
disconnecting the water and electric services
resulted in Rosas suffering a nervous What is the nature of temperate or
breakdown. Art. 20 NCC and Art. 21 NCC moderate damages?
authorize the award of damages for such
willful and illegal conduct. Temperate or moderate damages, which are
more than nominal but less than
C. Nominal compensatory damages.
Art. 2221. Nominal damages are It may be recovered when some pecuniary
adjudicated in order that a right of the loss has been suffered but its amount can not
plaintiff, which has been violated or invaded be provided with certainty. (Art. 2224)
by the defendant, may be vindicated or
recognized, and not for the purpose of Temperate damages must be reasonable
indemnifying the plaintiff for any loss suffered under the circumstances. (Art. 2225)
by him.
Requisites:
Art. 2222. The court may award nominal
damages: (1) There is actual damage.
(2) The pecuniary amount of the damage
- in every obligation in Article 1157, or cannot be proved.
- where any property right has been (3) Amount must be reasonable.
invaded.
In cases where the resulting injury might
Art. 2223. What is precluded by the be continuing and possible future
adjudication of nominal damages? complications directly arising from the
- further contest upon the right involved injury, while certain to occur are difficult
- all accessory questions to predict, temperate damages can and
- between the parties or their respective should be awarded on top of actual or
heirs and assigns. compensatory damages; in such cases
there is no incompatibility between actual
Requisites: and temperate damages.
Temperate damages are incompatible with
(1) A legal right has been violated. nominal damages hence, cannot be
(2) There is no loss or damage suffered or granted concurrently (Citytrust Bank vs.
such cannot be proven or was not IAC)
proved.
(3) The award is to vindicate the right Pleno vs. CA
violated. Temperate damages are included within the
context of compensatory damages (RCPI vs.
General Rule: One does not ask for nominal CA). ". . . There are cases where from the
damages and it is in lieu of the actual, moral, nature of the case, definite proof of pecuniary
temperate, or liquidated damages. loss cannot be offered, although the court is
convinced that there has been such loss. For
NOTE: In this case actual and temperate Requisites to recover exemplary damages
damages were awarded. It is postulated that and liquidated damages agreed upon in
the actual damages is for the car while the addition to exemplary (Art.2234):
temperate damages is for the lost actual
income not sufficiently proved. The plaintiff must show that he is entitled to
moral, temperate or compensatory damages
E. Liquidated
If arising When exemplary
What are liquidated damages? from damages are
Those agreed upon by the parties to a granted
contract, to be paid in case of breach thereof. Art. Crimes the crime was
(Art. 2226) 2230 committed with an
aggravating
What are the grounds for equitable circumstance/s
reduction of liquidated damages? Art. Quasi-delicts defendant acted
- iniquitous or 2231 with gross
- unconscionable. (Art. 2227) negligence
Art. Contracts and defendant acted in a
In what instance is the stipulation not 2232 Quasi- wanton, fraudulent,
controlling? contracts reckless,
oppressive, or
When the breach of the contract is not the malevolent manner
one contemplated by the parties in agreeing (WFROMM)
upon the liquidated damages. In this case, the
law shall determine
EXEMPLARY OR the measure of damages. A stipulation whereby exemplary damages are
(Art. 2228) renounced in advance shall be null and void.
CORRECTIVE DAMAGES (Art. 2235)
Notes
(1) These damages are agreed upon in a Notes
contract in case of breach thereof.
(2) There is no need to prove the amount, (1) Amount need not be proven.
only the fact of the breach. (2) Cannot be recovered as a matter or right;
(3) The amount can be reduced if: may be waived.
a. unconscionable as determined by An employer may be subsidiarily liable to pay
the court (Art. 2227) moral, actual, temperate or liquidated
b. partial or irregular performance damages arising from an employees criminal
offense, but NOT as to exemplary damages
General Rule: The penalty shall substitute because aggravating circumstances are
the indemnity for damages and the payment personal to the accused.
of the interests in case or breach.
PNB vs. CA
Exceptions However, the award of P1,000,000 exemplary
damages is also far too excessive and should
(1) When there is stipulation to the likewise be reduced to an equitable level.
contrary. Exemplary damages are imposed not to enrich
(2) When the obligor is sued for refusal to one party or impoverish another but to serve
pay the agreed penalty. as a deterrent against or as a negative
(3) When the obligor is guilty of fraud. incentive to curb socially deleterious actions.
F. Exemplary or Corrective