PROVISIONS ON TORTS AND DAMAGES
Based on the syllabus of Prof. Anzen P.Dy
TORTS
PRELIMINARY CONSIDERATIONS
Quasi-delict defined
ART. 1157, NCC Obligations arise from:
a. Law
b. Contracts
c. Quasi-contracts
d. Acts or omissions punished by law
e. Quasi-delicts
ART. 2176, NCC Whoever by act or omission causes damage to another, there being fault
or negligence, is obliged to pay for the damage done. Such fault or
negligence, if there is no pre-existing contractual relation between the
parties, is called a quasi-delict and is governed by the provisions of this
Chapter (Quasi-delicts).
Culpa acquiliana v. Crime
ART. 100, RPC. Every person criminally liable for a felony is also civilly liable.
ART. 101, RPC. The exemption from criminal liability established in subdivisions 1, 2, 3, 5,
and 6 of Art. 12, and in subdivision 4 of Art. 11 of this Code does not
include exemption from civil liability, which shall be enforced subject to
the following rules:
1) In cases of subdivisions 1, 2, and 3 of Art. 12, the civil liability for
acts committed by an imbecile or insane person, and by a person
under 9 years of age, or over nine but under 15 years of age, who
has acted without discernment, shall devolve upon those having
such a person under their legal authority or control, unless it
appears that there was no fault or negligence on their part.
Should there be no person having such insane, imbecile, or minor
under his authority, legal guardianship, or control, or if such person
be insolvent, said insane, imbecile, or minor shall respond with their
own property, excepting property exempt from execution, in
accordance with the civil law.
2) In cases falling within subdivision 4 of Art. 11, the persons for
whose benefit the harm has been prevented shall be civilly liable in
proportion to the benefit which they may have received.
The courts shall determine, in their sound discretion, the
proportionate amount for which each one shall be liable.
When the respective shares cannot be equitably determined, even
approximately, or when the liability also attaches to the
Government, or to the majority of the inhabitants of the town, and, in
all events, whenever the damage has been caused with the consent
of the authorities or their agents, indemnification shall be made in
the manner prescribed by special laws or regulations.
3) In cases falling withing subdivisions 5 and 6 of Art. 12, the persons
using violence or causing the fear shall be primarily liable and
secondarily, or, if there be no such persons, those doing the act
shall be liable, saving always to the latter that part of their property
exempt from execution.
RULE 111 Section 1. Institution of criminal and civil actions. —
(a) When a criminal action is instituted, the civil action for the recovery of
civil liability arising from the offense charged shall be deemed instituted
with the criminal action unless the offended party waives the civil action,
reserves the right to institute it separately or institutes the civil action prior
to the criminal action.
The reservation of the right to institute separately the civil action shall be
made before the prosecution starts presenting its evidence and under
circumstances affording the offended party a reasonable opportunity to
make such reservation.
When the offended party seeks to enforce civil liability against the
accused by way of moral, nominal, temperate, or exemplary damages
without specifying the amount thereof in the complaint or information, the
filing fees thereof shall constitute a first lien on the judgment awarding
such damages.
Where the amount of damages, other than actual, is specified in the
complaint or information, the corresponding filing fees shall be paid by
the offended party upon the filing thereof in court.
Except as otherwise provided in these Rules, no filing fees shall be
required for actual damages.
No counterclaim, cross-claim or third-party complaint may be filed by the
accused in the criminal case, but any cause of action which could have
been the subject thereof may be litigated in a separate civil action.
(b) The criminal action for violation of Batas Pambansa Blg. 22 shall be
deemed to include the corresponding civil action. No reservation to file
such civil action separately shall be allowed.
Upon filing of the aforesaid joint criminal and civil actions, the offended
party shall pay in full the filing fees based on the amount of the check
involved, which shall be considered as the actual damages claimed.
Where the complaint or information also seeks to recover liquidated,
moral, nominal, temperate or exemplary damages, the offended party
shall pay additional filing fees based on the amounts alleged therein. If
the amounts are not so alleged but any of these damages are
subsequently awarded by the court, the filing fees based on the amount
awarded shall constitute a first lien on the judgment.
Where the civil action has been filed separately and trial thereof has not
yet commenced, it may be consolidated with the criminal action upon
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application with the court trying the latter case. If the application is
granted, the trial of both actions shall proceed in accordance with section
2 of this Rule governing consolidation of the civil and criminal actions.
Section 2. When separate civil action is suspended. — After the
criminal action has been commenced, the separate civil action arising
therefrom cannot be instituted until final judgment has been entered in
the criminal action.
If the criminal action is filed after the said civil action has already been
instituted, the latter shall be suspended in whatever stage it may be found
before judgment on the merits. The suspension shall last until final
judgment is rendered in the criminal action. Nevertheless, before
judgment on the merits is rendered in the civil action, the same may,
upon motion of the offended party, be consolidated with the criminal
action in the court trying the criminal action. In case of consolidation, the
evidence already adduced in the civil action shall be deemed
automatically reproduced in the criminal action without prejudice to the
right of the prosecution to cross-examine the witnesses presented by the
offended party in the criminal case and of the parties to present additional
evidence. The consolidated criminal and civil actions shall be tried and
decided jointly.
During the pendency of the criminal action, the running of the period of
prescription of the civil action which cannot be instituted separately or
whose proceeding has been suspended shall be tolled.
The extinction of the penal action does not carry with it extinction of the
civil action. However, the civil action based on delict shall be deemed
extinguished if there is a finding in a final judgment in the criminal action
that the act or omission from which the civil liability may arise did not
exist.
Section 3. When civil action may proceeded independently. — In the
cases provided for in Articles 32, 33, 34 and 2176 of the Civil Code of the
Philippines, the independent civil action may be brought by the offended
party. It shall proceed independently of the criminal action and shall
require only a preponderance of evidence. In no case, however, may the
offended party recover damages twice for the same act or omission
charged in the criminal action.
Section 4. Effect of death on civil actions. — The death of the accused
after arraignment and during the pendency of the criminal action shall
extinguish the civil liability arising from the delict. However, the
independent civil action instituted under section 3 of this Rule or which
thereafter is instituted to enforce liability arising from other sources of
obligation may be continued against the estate or legal representative of
the accused after proper substitution or against said estate, as the case
may be. The heirs of the accused may be substituted for the deceased
without requiring the appointment of an executor or administrator and the
court may appoint a guardian ad litem for the minor heirs.
The court shall forthwith order said legal representative or
PROVISIONS ON TORTS AND DAMAGES
Based on the syllabus of Prof. Anzen P.Dy
representatives to appear and be substituted within a period of thirty (30)
days from notice.
A final judgment entered in favor of the offended party shall be enforced
in the manner especially provided in these rules for prosecuting claims
against the estate of the deceased.
If the accused dies before arraignment, the case shall be dismissed
without prejudice to any civil action the offended party may file against
the estate of the deceased.
Section 5. Judgment in civil action not a bar. — A final judgment
rendered in a civil action absolving the defendant from civil liability is not
a bar to a criminal action against the defendant for the same act or
omission subject of the civil action.
Section 6. Suspension by reason of prejudicial question. — A
petition for suspension of the criminal action based upon the pendency of
a prejudicial question in a civil action may be filed in the office of the
prosecutor or the court conducting the preliminary investigation. When
the criminal action has been filed in court for trial, the petition to suspend
shall be filed in the same criminal action at any time before the
prosecution rests.
Section 7. Elements of prejudicial question. — The elements of a
prejudicial question are:
(a) the previously instituted civil action involves an issue similar or
intimately related to the issue raised in the subsequent criminal action,
(b) the resolution of such issue determines whether or not the criminal
action may proceed.
Interference with contracts
ART. 1314, NCC Any third person who induces another to violate his contract shall be
liable for damages to the other contracting party.
NEGLIGENCE
Concept
ART. 1173, NCC 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 Arts. 1171 and
2201(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.
Persons liable
ART. 2176, NCC Whoever by act or omission causes damage to another, there being fault
or negligence, is obliged to pay for the damage done. Such fault or
negligence, if there is no pre-existing contractual relation between the
parties, is called a quasi-delict and is governed by the provisions of this
Chapter (Quasi-delicts)
ART. 2181, NCC Whoever pays for the damage caused by his dependents or employees
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may recover from the latter what he has paid or delivered in satisfaction
of the claim.
ART. 2180, NCC The obligation imposed by article 2176 is demandable not only for one's
own acts or omissions, but also for those of persons for whom one is
responsible.
The father and, in case of his death or incapacity, the mother, are
responsible for the damages caused by the minor children who live in
their company.
ART. 216, FC
Guardians are liable for damages caused by the minors or incapacitated
persons who are under their authority and live in their company.
PROVISIONS ON TORTS AND DAMAGES
Based on the syllabus of Prof. Anzen P.Dy
responsible for all acts of civil life, save the exceptions established by
existing laws in special cases.
Contracting marriage shall require parental consent until the age of 21.
Nothing in this Code shall be construed to derogate from the duty or
responsibility of parents and guardians for children and wards below 21
years of age mentioned in the second and third paragraphs of Art. 2180,
NCC.
In default of parents or a judicially appointed guardian, the following
persons shall exercise substitute parental authority over the child in the
order indicated;

The owners and managers of an establishment or enterprise are likewise
responsible for damages caused by their employees in the service of the
branches in which the latter are employed or on the occasion of their
functions.
Employers shall be liable for the damages caused by their employees
and household helpers acting within the scope of their assigned tasks,
even though the former are not engaged in any business or industry.
The State is responsible in like manner when it acts through a special
agent; but not when the damage has been caused by the official to whom
the task done properly pertains, in which case what is provided in article
2176 shall be applicable.
Lastly, teachers or heads of establishments of arts and trades shall be
liable for damages caused by their pupils and students or apprentices, so
long as they remain in their custody.
The responsibility treated of in this article shall cease when the persons
herein mentioned prove that they observed all the diligence of a good
father of a family to prevent damage.
ART. 2182, NCC If the minor or insane person causing damage has no parents or
guardian, the minor or insane person shall be answerable with his own
property in an action against him where a guardian ad litem shall be
appointed.
ART. 211, FC The father and the mother shall jointly exercise parental authority over
the persns of their common children. In case of disagreement, the
father’s decision shall prevail, unless there is a judicial order to the
contrary.
Children shall always observe respect and reverence towards their
parents and are obliged t obey them as long as the children are under
parental authority.
ART. 221, FC Parents and other persons exercising parental authority shall be civilly
liable for the injuries and damages cased by the acts or omissions of their
unemancipated children living in their company and under their parental
authority subject to the appropriate defenses provided by law.
ART. 236, FC Emancipation for any cause shall terminate parental authority over the
person and property of the child who shall then be qualified and
1) The surviving grandparent, as provided in Art. 214
2) The oldest brother or sister, over 21 years of age, unless fit or
disqualified.
3) The child’s actual custodian, over 21 years of age, unless unfit or
disqualified.
Whenever the appointment of a judicial guardian over the property of the
child becomes necessary, the same order of preference shall be
observed.
ART. 217, FC In case of foundlings, abandoned, neglected or abused children and
other children similarly situated, parental authority shall be entrusted in
summary judicial proceedings to heads of children’s homes, orphanages
and similar institutions duly accredited by the proper government agency.
ART.1728, NCC The contractor is liable for all the claims of laborer and others employed
by him, and of third persons for death or physical injuries during the
construction.
SEC. 38, Liability of superior officers.
Admin. Code
1) A public officer shall not be civilly liable for acts done in the
performance of his official duties, unless there is a clear showing of
bad faith, malice or gross negligence.
2) Any public officer who, without just cause, neglects to perform a
duty within a period fixed by law or regulation, or within a
reasonable period if none is fixed, shall be liable for damages to the
private party concerned without prejudice to such other liability as
may be prescribed by law.
3) A head of a department or a superior officer shall not be civilly liable
for the wrongful acts, omissions of duty, negligence, or
misfeasance of his subordinates, unless he has actually authorized
by written order the specific act or misconduct complained of.
SEC. 39, Liability of subordinate officers. No subordinate officer or employee shall
Admin. Code be civilly liable for acts done by him in good faith in the performance of
his duties. However, he shall be liable for willful or negligent acts done by
him which are contrary to law, morals, public policy and good customs
even if he acted under orders or instructions of his superiors.
SEC. 22, Local a) Every LGU, as a corporation, shall have the following powers:
Government 1. To have continuous succession in its corporate name
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Code 2. To sue and be sued
3. To have and use a corporate seal
4. To acquire and convey real or personal property
5. To enter into contracts
6. To exercise such other powers as are granted to
corporations, subject to the limitations provided in this
Code and other laws.
b) LGUs may continue using, modifying, or changing their existing
corporate seals: Provided, That newly established LGUs or those
without corporate seals may create their own corporate seals which
shall be registered with the DILG: Provided, further, That any
change of corporate seal shall also be registered as provided
hereon.
c) Unless otherwise provided in this Code, no contract may be entered
into by the local chief executive in behalf of the LGU without prior
authorization by the sanggunian concerned. A legible copy of such
contract shall be posted at a conspicuous place in the provincial
capitol or the city, municipal or barangay hall.
d) LGUs shall enjoy full autonomy in the exercise of their proprietary
functions and in the limitations provided in this Code and other
applicable laws.
ART. 216, FC In default of parents or a judicially appointed guardian, the following
person shall exercise substitute parental authority over the child in the
order indicated:
(1) The surviving grandparent, as provided in Art. 214;
(2) The oldest brother or sister, over twenty-one years of age, unless unfit
or disqualified; and
(3) The child's actual custodian, over twenty-one years of age, unless
unfit or disqualified.
Whenever the appointment or a judicial guardian over the property of the
child becomes necessary, the same order of preference shall be
observed.
ART. 218, FC The school, its administrators and teachers, or the individual, entity or
institution engaged in child are shall have special parental authority and
responsibility over the minor child while under their supervision,
instruction or custody.
Authority and responsibility shall apply to all authorized activities whether
inside or outside the premises of the school, entity or institution.
ART. 219, FC Those given the authority and responsibility under the preceding Article
shall be principally and solidarily liable for damages caused by the acts or
omissions of the unemancipated minor. The parents, judicial guardians or
the persons exercising substitute parental authority over said minor shall
be subsidiarily liable.
The respective liabilities of those referred to in the preceding paragraph
PROVISIONS ON TORTS AND DAMAGES
Based on the syllabus of Prof. Anzen P.Dy
shall not apply if it is proved that they exercised the proper diligence
required under the particular circumstances.
All other cases not covered by this and the preceding articles shall be
governed by the provisions of the Civil Code on quasi-delicts.
ART. 2194, NCC The responsibility of two or more persons who are liable for quasi-delict is
solidary.
ART. 2183, NCC The possessor of an animal or whoever may make use of the same is
responsible for the damage which it may cause, although it may escape
or be lost. This responsibility shall cease only in case the damage should
come from force majeure or from the fault of the person who has suffered
damage.
ART. 2184, NCC 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 the due
diligence, prevented the misfortune. It is disputably presumed that a
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.
If the owner was not in the motor vehicle, the provisions of article 2180
are applicable.
ART. 2185, NCC Unless there is proof to the contrary, it is presumed that a person driving
a motor vehicle has been negligent if at the time of the mishap, he was
violating any traffic regulation.
ART. 2186, NCC Every owner of a motor vehicle shall file with the proper government
office a bond executed by a government-controlled corporation or office,
to answer for damages to third persons. The amount of the bond and
other terms shall be fixed by the competent public official.
ART. 2187, NCC 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.
ART. 2189, NCC Provinces, cities and municipalities shall be liable for damages for the
death of, 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.
SEC. 24, LGC LGUs and their officials are not exempt from liability for death or injury to
persons or damage to property.
ART. 2190, NCC The proprietor of a building or structure is responsible for the damages
resulting from its total or partial collapse, if it should be due to the lack of
necessary repairs.
ART. 2191, NCC Proprietors shall also be responsible for damages caused:
(1) By the explosion of machinery which has not been taken care of with
due diligence, and the inflammation of explosive substances which have
not been kept in a safe and adequate place;
(2) By excessive smoke, which may be harmful to persons or property;
(3) By the falling of trees situated at or near highways or lanes, if not
caused by force majeure;
(4) By emanations from tubes, canals, sewers or deposits of infectious
matter, constructed without precautions suitable to the place.
ART. 2192, NCC If damage referred to in the two preceding articles should be the result of
any defect in the construction mentioned in article 1723, the third person
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suffering damages may proceed only against the engineer or architect or
contractor in accordance with said article, within the period therein fixed.
ART. 1723, NCC The engineer or architect who drew up the plans and specifications for a
building is liable for damages if within fifteen years from the completion of
the structure, the same should collapse by reason of a defect in those
plans and specifications, or due to the defects in the ground. The
contractor is likewise responsible for the damages if the edifice falls,
within the same period, on account of defects in the construction or the
use of materials of inferior quality furnished by him, or due to any
violation of the terms of the contract. If the engineer or architect
supervises the construction, he shall be solidarily liable with the
contractor.
Acceptance of the building, after completion, does not imply waiver of
any of the cause of action by reason of any defect mentioned in the
preceding paragraph.
The action must be brought within ten years following the collapse of the
building.
ART. 2193, NCC The head of a family that lives in a building or a part thereof, is
responsible for damages caused by things thrown or falling from the
same.
Elements of quasi-delictual liability
ART. 2176, NCC Whoever by act or omission causes damage to another, there being fault
or negligence, is obliged to pay for the damage done. Such fault or
negligence, if there is no pre-existing contractual relation between the
parties, is called a quasi-delict and is governed by the provisions of this
Chapter.
ART. 1173, NCC 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.
ART. 1756, NCC In case of death of or injuries to passengers, common carriers are
presumed to have been at fault or to have acted negligently, unless they
prove that they observed extraordinary diligence as prescribed in articles
1733 and 1755.
ART. 2184, NCC 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 the due
diligence, prevented the misfortune. It is disputably presumed that a
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.
If the owner was not in the motor vehicle, the provisions of article 2180
are applicable.
ART. 2185, NCC Unless there is proof to the contrary, it is presumed that a person driving
a motor vehicle has been negligent if at the time of the mishap, he was
violating any traffic regulation.
PROVISIONS ON TORTS AND DAMAGES
Based on the syllabus of Prof. Anzen P.Dy
ART. 2188, NCC There is prima facie presumption of negligence on the part of the
defendant if the death or injury results from his possession of dangerous
weapons or substances, such as firearms and poison, except when the
possession or use thereof is indispensable in his occupation or business.
ART. 2179, NCC When the plaintiff's own negligence was the immediate and proximate
cause of his injury, he cannot recover damages. But if his negligence was
only contributory, the immediate and proximate cause of the injury being
the defendant's lack of due care, the plaintiff may recover damages, but
the courts shall mitigate the damages to be awarded.
Defenses in negligence cases
ART. 1174, NCC Except in cases expressly specified by the law, or when it is otherwise
declared by stipulation, or when the nature of the obligation requires the
assumption of risk, no person shall be responsible for those events which
could not be foreseen, or which, though foreseen, were inevitable.
ART. 1146, NCC The following actions must be instituted within four years:
(1) Upon an injury to the rights of the plaintiff;
(2) Upon a quasi-delict;
However, when the action arises from or out of any act, activity, or
conduct of any public officer involving the exercise of powers or authority
arising from Martial Law including the arrest, detention and/or trial of the
plaintiff, the same must be brought within one (1) year.
ART. 2179, NCC When the plaintiff's own negligence was the immediate and proximate
cause of his injury, he cannot recover damages. But if his negligence was
only contributory, the immediate and proximate cause of the injury being
the defendant's lack of due care, the plaintiff may recover damages, but
the courts shall mitigate the damages to be awarded.
INTENTIONAL TORTS
Abuse of right
ART. 19, NCC 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.
ART. 20, NCC Every person who, contrary to law, wilfully or negligently causes damage
to another, shall indemnify the latter for the same.
ART. 21, NCC Any person who wilfully causes loss or injury to another in manner that is
contrary to morals, good customs or public policy shall compensate the
latter for the damage.
Violation of personal security, physical injuries
ART. 32, NCC Any public officer or employee, or any private individual, who directly or
indirectly obstructs, defeats, violates or in any manner impedes or
impairs any of the following rights and liberties of another person shall be
liable to the latter for damages:
(1) Freedom of religion;
(2) Freedom of speech;
(3) Freedom to write for the press or to maintain a periodical publication;
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(4) Freedom from arbitrary or illegal detention;
(5) Freedom of suffrage;
(6) The right against deprivation of property without due process of law;
(7) The right to a just compensation when private property is taken for
public use;
(8) The right to the equal protection of the laws;
(9) The right to be secure in one's person, house, papers, and effects
against unreasonable searches and seizures;
(10) The liberty of abode and of changing the same;
(11) The privacy of communication and correspondence;
(12) The right to become a member of associations or societies for
purposes not contrary to law;
(13) The right to take part in a peaceable assembly to petition the
Government for redress of grievances;
(14) The right to be a free from involuntary servitude in any form;
(15) The right of the accused against excessive bail;
(16) The right of the accused to be heard by himself and counsel, to be
informed of the nature and cause of the accusation against him, to have a
speedy and public trial, to meet the witnesses face to face, and to have
compulsory process to secure the attendance of witness in his behalf;
(17) Freedom from being compelled to be a witness against one's self, or
from being forced to confess guilt, or from being induced by a promise of
immunity or reward to make such confession, except when the person
confessing becomes a State witness;
(18) Freedom from excessive fines, or cruel and unusual punishment,
unless the same is imposed or inflicted in accordance with a statute
which has not been judicially declared unconstitutional; and
(19) Freedom of access to the courts.
In any of the cases referred to in this article, whether or not the
defendant's act or omission constitutes a criminal offense, the aggrieved
party has a right to commence an entirely separate and distinct civil
action for damages, and for other relief. Such civil action shall proceed
independently of any criminal prosecution (if the latter be instituted), and
may be proved by a preponderance of evidence.
The indemnity shall include moral damages. Exemplary damages may
also be adjudicated.
PROVISIONS ON TORTS AND DAMAGES
Based on the syllabus of Prof. Anzen P.Dy
The responsibility herein set forth is not demandable from a judge unless
his act or omission constitutes a violation of the Penal Code or other
penal statute.
ART. 33, NCC In cases of defamation, fraud, and physical injuries a civil action for
damages, entirely separate and distinct from the criminal action, may be
brought by the injured party. Such civil action shall proceed
independently of the criminal prosecution, and shall require only a
preponderance of evidence.
Violation of personal dignity
ART. 26, NCC 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 another's 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.
Malicious prosecution
ART. 2219, NCC 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.
Defamation
ART. 33, NCC In cases of defamation, fraud, and physical injuries a civil action for
damages, entirely separate and distinct from the criminal action, may be
brought by the injured party. Such civil action shall proceed
independently of the criminal prosecution, and shall require only a
preponderance of evidence.
Seduction
ART. 21, NCC Any person who wilfully causes loss or injury to another in manner that is
contrary to morals, good customs or public policy shall compensate the
latter for the damage.
Dereliction of duty
ART. 27, NCC Any person suffering material or moral loss because a public servant or
employee refuses or neglects, without just cause, to perform his official
duty may file an action for damages and other relief against the latter,
without prejudice to any disciplinary administrative action that may be
taken.
ART. 34, NCC When a member of a city or municipal police force refuses or fails to
render aid or protection to any person in case of danger to life or
property, such peace officer shall be primarily liable for damages, and the
city or municipality shall be subsidiarily responsible therefor. The civil
action herein recognized shall be independent of any criminal
proceedings, and a preponderance of evidence shall suffice to support
such action.
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Violation of rights
ART. 32, NCC Any public officer or employee, or any private individual, who directly or
indirectly obstructs, defeats, violates or in any manner impedes or
impairs any of the following rights and liberties of another person shall be
liable to the latter for damages:
(1) Freedom of religion;
(2) Freedom of speech;
(3) Freedom to write for the press or to maintain a periodical publication;
(4) Freedom from arbitrary or illegal detention;
(5) Freedom of suffrage;
(6) The right against deprivation of property without due process of law;
(7) The right to a just compensation when private property is taken for
public use;
(8) The right to the equal protection of the laws;
(9) The right to be secure in one's person, house, papers, and effects
against unreasonable searches and seizures;
(10) The liberty of abode and of changing the same;
(11) The privacy of communication and correspondence;
(12) The right to become a member of associations or societies for
purposes not contrary to law;
(13) The right to take part in a peaceable assembly to petition the
Government for redress of grievances;
(14) The right to be a free from involuntary servitude in any form;
(15) The right of the accused against excessive bail;
(16) The right of the accused to be heard by himself and counsel, to be
informed of the nature and cause of the accusation against him, to have a
speedy and public trial, to meet the witnesses face to face, and to have
compulsory process to secure the attendance of witness in his behalf;
(17) Freedom from being compelled to be a witness against one's self, or
from being forced to confess guilt, or from being induced by a promise of
immunity or reward to make such confession, except when the person
confessing becomes a State witness;
(18) Freedom from excessive fines, or cruel and unusual punishment,
unless the same is imposed or inflicted in accordance with a statute
PROVISIONS ON TORTS AND DAMAGES
Based on the syllabus of Prof. Anzen P.Dy
which has not been judicially declared unconstitutional; and
(19) Freedom of access to the courts.
In any of the cases referred to in this article, whether or not the
defendant's act or omission constitutes a criminal offense, the aggrieved
party has a right to commence an entirely separate and distinct civil
action for damages, and for other relief. Such civil action shall proceed
independently of any criminal prosecution (if the latter be instituted), and
may be proved by a preponderance of evidence.
The indemnity shall include moral damages. Exemplary damages may
also be adjudicated.
The responsibility herein set forth is not demandable from a judge unless
his act or omission constitutes a violation of the Penal Code or other
penal statute.
STRICT LIABILITY
Animals
ART. 2183, NCC The possessor of an animal or whoever may make use of the same is
responsible for the damage which it may cause, although it may escape
or be lost. This responsibility shall cease only in case the damage should
come from force majeure or from the fault of the person who has suffered
damage.
Head of family
ART. 2193, NCC The head of a family that lives in a building or a part thereof, is
responsible for damages caused by things thrown or falling from the
same.
Manufacturers/Processors of foodstuffs
ART. 2187, NCC 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.
Employers
ART. 1711, NCC Owners of enterprises and other employers are obliged to pay
compensation for the death of or injuries to their laborers, workmen,
mechanics or other employees, even though the event may have been
purely accidental or entirely due to a fortuitous cause, if the death or
personal injury arose out of and in the course of the employment. The
employer is also liable for compensation if the employee contracts any
illness or disease caused by such employment or as the result of the
nature of the employment. If the mishap was due to the employee's own
notorious negligence, or voluntary act, or drunkenness, the employer
shall not be liable for compensation. When the employee's lack of due
care contributed to his death or injury, the compensation shall be
equitably reduced.
Nuisance
ART. 694, NCC A nuisance is any act, omission, establishment, business, condition of
property, or anything else which:
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(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.
ART. 695, NCC 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.
ART. 696, NCC Every successive owner or possessor of property who fails or refuses to
abate a nuisance in that property started by a former owner or possessor
is liable therefor in the same manner as the one who created it.
ART. 697, NCC The abatement of a nuisance does not preclude the right of any person
injured to recover damages for its past existence.
ART. 698, NCC Lapse of time cannot legalize any nuisance, whether public or private.
ART. 699, NCC The remedies against a public nuisance are:
(1) A prosecution under the Penal Code or any local ordinance: or
PROVISIONS ON TORTS AND DAMAGES
Based on the syllabus of Prof. Anzen P.Dy
pesos.
ART. 705, NCC The remedies against a private nuisance are:
(1) A civil action; or
(2) Abatement, without judicial proceedings.
ART. 706, NCC Any person injured by a private nuisance may abate it by removing, or if
necessary, by destroying the thing which constitutes the nuisance,
without committing a breach of the peace or doing unnecessary injury.
However, it is indispensable that the procedure for extrajudicial
abatement of a public nuisance by a private person be followed.
ART. 707, NCC A private person or a public official extrajudicially abating a nuisance
shall be liable for damages:
(1) If he causes unnecessary injury; or
(2) If an alleged nuisance is later declared by the courts to be not a real
nuisance.
ART. 682, NCC Every building or piece of land is subject to the easement which prohibits
the proprietor or possessor from committing nuisance through noise,
jarring, offensive odor, smoke, heat, dust, water, glare and other causes.
ART. 683, NCC Subject to zoning, health, police and other laws and regulations, factories
and shops may be maintained provided the least possible annoyance is
caused to the neighborhood.

(2) A civil action; or

(3) Abatement, without judicial proceedings.

ART. 700, NCC The district health officer shall take care that one or all of the remedies
against a public nuisance are availed of.
ART. 701, NCC If a civil action is brought by reason of the maintenance of a public
nuisance, such action shall be commenced by the city or municipal
mayor.
ART. 702, NCC The district health officer shall determine whether or not abatement,
without judicial proceedings, is the best remedy against a public
nuisance.
ART. 703, NCC A private person may file an action on account of a public nuisance, if it is
specially injurious to himself.
ART. 704, NCC 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
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DAMAGES
ACTUAL OR COMPENSATORY DAMAGES
ART. 2199, NCC 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.
ART. 2200, NCC Indemnification for damages shall comprehend not only the value of the
loss suffered, but also that of the profits which the obligee failed to obtain.
ART. 2205, NCC Damages may be recovered:
(1) For loss or impairment of earning capacity in cases of temporary or
permanent personal injury;
(2) For injury to the plaintiff's business standing or commercial credit.
ART. 2208, NCC In the absence of stipulation, attorney's fees and expenses of litigation,
other than judicial costs, cannot be recovered, except:
(1) When exemplary damages are awarded;
(2) When the defendant's act or omission has compelled the plaintiff to
litigate with third persons or to incur expenses to protect his interest;
(3) In criminal cases of malicious prosecution against the plaintiff;
(4) In case of a clearly unfounded civil action or proceeding against the
plaintiff;
(5) Where the defendant acted in gross and evident bad faith in refusing
to satisfy the plaintiff's plainly valid, just and demandable claim;
(6) In actions for legal support;
(7) In actions for the recovery of wages of household helpers, laborers
and skilled workers;
(8) In actions for indemnity under workmen's compensation and
employer's liability laws;
(9) In a separate civil action to recover civil liability arising from a crime;
(10) When at least double judicial costs are awarded;
(11) In any other case where the court deems it just and equitable that
attorney's fees and expenses of litigation should be recovered.
In all cases, the attorney's fees and expenses of litigation must be
reasonable.
PROVISIONS ON TORTS AND DAMAGES
Based on the syllabus of Prof. Anzen P.Dy
ART. 2209, NCC 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.
ART. 2210, NCC Interest may, in the discretion of the court, be allowed upon damages
awarded for breach of contract.
ART. 2211, NCC In crimes and quasi-delicts, interest as a part of the damages may, in a
proper case, be adjudicated in the discretion of the court.
ART. 2212, NCC Interest due shall earn legal interest from the time it is judicially
demanded, although the obligation may be silent upon this point
ART. 2213, NCC Interest cannot be recovered upon unliquidated claims or damages,
except when the demand can be established with reasonable certainty.
ART. 2201, NCC In contracts and quasi-contracts, the damages for which the obligor who
acted in good faith is liable shall be those that are the natural and
probable consequences of the breach of the obligation, and which the
parties have foreseen or could have reasonably foreseen at the time the
obligation was constituted.
In case of fraud, bad faith, malice or wanton attitude, the obligor shall be
responsible for all damages which may be reasonably attributed to the
non-performance of the obligation.
ART. 2215, NCC n contracts, quasi-contracts, and quasi-delicts, 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.
ART. 2202, NCC In crimes and quasi-delicts, the defendant shall be liable for all damages
which are the natural and probable consequences of the act or omission
complained of. It is not necessary that such damages have been
foreseen or could have reasonably been foreseen by the defendant.
ART. 2203, NCC 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.
ART. 2204, NCC In crimes, the damages to be adjudicated may be respectively increased
or lessened according to the aggravating or mitigating circumstances.
ART. 2215, NCC In contracts, quasi-contracts, and quasi-delicts, the court may equitably
mitigate the damages under circumstances other than the case referred
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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.
ART. 2206, NCC The amount of damages for death caused by a crime or quasi-delict shall
be at least three thousand pesos, even though there may have been
mitigating circumstances. In addition:
(1) The defendant shall be liable for the loss of the earning capacity of the
deceased, and the indemnity shall be paid to the heirs of the latter; such
indemnity shall in every case be assessed and awarded by the court,
unless the deceased on account of permanent physical disability not
caused by the defendant, had no earning capacity at the time of his
death;
(2) If the deceased was obliged to give support according to the
provisions of article 291, the recipient who is not an heir called to the
decedent's inheritance by the law of testate or intestate succession, may
demand support from the person causing the death, for a period not
exceeding five years, the exact duration to be fixed by the court;
(3) The spouse, legitimate and illegitimate descendants and ascendants
of the deceased may demand moral damages for mental anguish by
reason of the death of the deceased.
MORAL DAMAGES
ART. 2216, NCC No proof of pecuniary loss is necessary in order that moral, nominal,
temperate, liquidated or exemplary damages, may be adjudicated. The
assessment of such damages, except liquidated ones, is left to the
discretion of the court, according to the circumstances of each case.
ART. 2217, NCC Moral damages include physical suffering, mental anguish, fright, 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 defendant's wrongful act for omission.
ART. 2218, NCC In the adjudication of moral damages, the sentimental value of property,
real or personal, may be considered.
ART. 2219, NCC Moral damages may be recovered in the following and analogous cases:
(1) A criminal offense resulting in physical injuries;
(2) Quasi-delicts causing physical injuries;
PROVISIONS ON TORTS AND DAMAGES
Based on the syllabus of Prof. Anzen P.Dy
(3) Seduction, abduction, rape, or other lascivious acts;
(4) Adultery or concubinage;
(5) Illegal or arbitrary detention or arrest;
(6) Illegal search;
(7) Libel, slander or any other form of defamation;
(8) Malicious prosecution;
(9) Acts mentioned in article 309;
(10) Acts and actions referred to in articles 21, 26, 27, 28, 29, 30, 32, 34,
and 35.
The parents of the female seduced, abducted, raped, or abused, referred
to in No. 3 of this article, may also recover moral damages.
The spouse, descendants, ascendants, and brothers and sisters may
bring the action mentioned in No. 9 of this article, in the order named.
ART. 2220, NCC Willful injury to property may be a legal ground for awarding moral
damages if the court should find that, under the circumstances, such
damages are justly due. The same rule applies to breaches of contract
where the defendant acted fraudulently or in bad faith.
NOMINAL DAMAGES
ART. 2216, NCC No proof of pecuniary loss is necessary in order that moral, nominal,
temperate, liquidated or exemplary damages, may be adjudicated. The
assessment of such damages, except liquidated ones, is left to the
discretion of the court, according to the circumstances of each case.
ART. 2221, NCC Nominal damages are adjudicated in order that a right of the plaintiff,
which has been violated or invaded by the defendant, may be vindicated
or recognized, and not for the purpose of indemnifying the plaintiff for any
loss suffered by him.
ART. 2222, NCC The court may award nominal damages in every obligation arising from
any source enumerated in article 1157, or in every case where any
property right has been invaded.
ART. 2223, NCC The adjudication of nominal damages shall preclude further contest upon
the right involved and all accessory questions, as between the parties to
the suit, or their respective heirs and assigns.
TEMPERATE OR MODERATE DAMAGES
ART. 2224, NCC Temperate or moderate damages, which are more than nominal but less
than compensatory damages, may be recovered when the court finds
that some pecuniary loss has been suffered but its amount can not, from
the nature of the case, be provided with certainty.
ART. 2225, NCC Temperate damages must be reasonable under the circumstances.
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 PROVISIONS ON TORTS AND DAMAGES
Based on the syllabus of Prof. Anzen P.Dy

LIQUIDATED DAMAGES
ART. 2226, NCC Liquidated damages are those agreed upon by the parties to a contract,
to be paid in case of breach thereof.
ART. 2227, NCC Liquidated damages, whether intended as an indemnity or a penalty,
shall be equitably reduced if they are iniquitous or unconscionable.
ART. 2228, NCC When the breach of the contract committed by the defendant is not the
one contemplated by the parties in agreeing upon the liquidated
damages, the law shall determine the measure of damages, and not the
stipulation.

EXEMPLARY OR CORRECTIVE DAMAGES

ART. 2229, NCC Exemplary or corrective damages are imposed, by way of example or
correction for the public good, in addition to the moral, temperate,
liquidated or compensatory damages.

ART. 2230, NCC In criminal offenses, exemplary damages as a part of the civil liability may
be imposed when the crime was committed with one or more aggravating
circumstances. Such damages are separate and distinct from fines and
shall be paid to the offended party.
ART. 2231, NCC In quasi-delicts, exemplary damages may be granted if the defendant
acted with gross negligence.

ART. 2232, NCC In contracts and quasi-contracts, the court may award exemplary
damages if the defendant acted in a wanton, fraudulent, reckless,
oppressive, or malevolent manner.
ART. 2233, NCC Exemplary damages cannot be recovered as a matter of right; the court
will decide whether or not they should be adjudicated.
ART. 2234, NCC While the amount of the exemplary damages need not be proved, the
plaintiff must show that he is entitled to moral, temperate or
compensatory damages before the court may consider the question of
whether or not exemplary damages should be awarded. In case
liquidated damages have been agreed upon, although no proof of loss is
necessary in order that such liquidated damages may be recovered,
nevertheless, before the court may consider the question of granting
exemplary in addition to the liquidated damages, the plaintiff must show
that he would be entitled to moral, temperate or compensatory damages
were it not for the stipulation for liquidated damages.
ART. 2235, NCC A stipulation whereby exemplary damages are renounced in advance
shall be null and void.

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THE CONSUMER ACT OF THE PHILIPPINES (RA 7394)
Article 92. Exemptions. – If the concerned department finds that for good or sufficient
reasons, full compliance with the labeling requirements otherwise applicable under this Act is
impracticable or is not necessary for the adequate protection of public health and safety, it
shall promulgate regulations exempting such substances from these requirements to the
extent it deems consistent with the objective of adequately safeguarding public health and
safety, and any hazardous substance which does not bear a label in accordance with such
regulations shall be deemed mislabeled hazardous substance.
Article 93. Grounds for Seizure and Condemnation of Mislabeled Hazardous
Substances. –
a) Any mislabeled hazardous substance when introduced into commerce or while held for
sale shall be liable to be proceeded against and condemned upon order of the concerned
department in accordance with existing procedure for seizure and condemnation of articles in
commerce: Provided, That this Article shall not apply to a hazardous substance intended for
export to any foreign country if:
1) it is in a package labeled in accordance with the specifications of the foreign purchaser;
2) it is labeled in accordance with the laws of the foreign country;
3) it is labeled on the outside of the shipping package to show that it is intended for export;
and
4) it is so exported,
b) any hazardous substance condemned under this Article shall after entry of order of
condemnation be disposed of by destruction or sale as the concerned department may direct,
and the proceeds thereof, if sold, less the legal cost and charges, shall be paid into the
treasury of the Philippines; but such hazardous substance shall not be sold under any order
which is contrary to the provisions of this Act; Provided, That, after entry of the order and
upon the payment of the costs of such proceedings and the execution of a good and sufficient
bond conditioned that such hazardous substance shall not be sold or disposed of contrary to
the provisions of this Act, the concerned department may direct that such hazardous
substance be delivered to or retained by the owner thereof for destruction or for alteration to
comply with the provisions of this Act under the supervision of an officer or employee duly
designated by the concerned department. The expenses for such supervision shall be paid by
the person obtaining release of the hazardous substance under bond.
c) all expenses in connection with the destruction provided for in paragraphs (a) and (b) of
this Article and all expenses in connection with the storage and labor with respect to such
hazardous substance shall be paid by the owner or consignee, and default in such payment
shall constitute a lien against any importation by such owner or consignee.
PROVISIONS ON TORTS AND DAMAGES
Based on the syllabus of Prof. Anzen P.Dy
Article 94. Labeling Requirements of Cigarettes. – All cigarettes for sale or distribution
within the country shall be contained in a package which shall bear the following statement or
its equivalent in Filipino: "Warning" Cigarette Smoking is Dangerous to Your Health". Such
statement shall be located in conspicuous place on every cigarette package and shall appear
in conspicuous and legible type in contrast by typography, layout or color with other printed
matter on the package. Any advertisement of cigarette shall contain the name warning as
indicated in the label.
Article 95. Penalties. –
a) Any person who shall violate the provisions of Title III, Chapter IV of this Act, or its
implementing rules and regulations, except Articles 81 to 83 of the same Chapter, shall be
subject to a fine of not less than Five hundred pesos (P500.00) but not more than Twenty
thousand pesos (P20,000.00) or imprisonment of not less than three (3) months but not more
than two (2) years or both, at the discretion of the court: Provided, That, if the consumer
product is one which is not a food, cosmetic, drug, device or hazardous substance, the
penalty shall be a fine of not less than Two hundred pesos (P200.00) but not more than Five
thousand pesos (P5,000.00) or imprisonment of not less than one (1) month but not more
than one (1) year or both, at the discretion of the court.
b) Any person who violates the provisions of Article 81 to 83 for the first time shall be subject
to a fine of not less than Two hundred pesos (P200.00) but not more than Five thousand
pesos (P5,000.00) or by imprisonment of not less than one (1) month but not more than six (6)
months or both, at the discretion of the court. A second conviction under this paragraph shall
also carry with it the penalty of revocation of business permit and license.
CHAPTER V
LIABILITY FOR PRODUCT AND SERVICE
Article 96. Implementing Agency. – The Department of Trade and Industry shall enforce
the provisions of this Chapter and its implementing rules and regulations.
Article 97. Liability for the Defective Products. – Any Filipino or foreign manufacturer,
producer, and any importer, shall be liable for redress, independently of fault, for damages
caused to consumers by defects resulting from design, manufacture, construction, assembly
and erection, formulas and handling and making up, presentation or packing of their products,
as well as for the insufficient or inadequate information on the use and hazards thereof.
A product is defective when it does not offer the safety rightfully expected of it, taking relevant
circumstances into consideration, including but not limited to:
a) presentation of product;
HDD | Page 12 of 14

b) use and hazards reasonably expected of it;
c) the time it was put into circulation.
A product is not considered defective because another better quality product has been placed
in the market.
The manufacturer, builder, producer or importer shall not be held liable when it evidences:
a) that it did not place the product on the market;
b) that although it did place the product on the market such product has no defect;
c) that the consumer or a third party is solely at fault.
Article 98. Liability of Tradesman or Seller. – The tradesman/seller is likewise liable,
pursuant to the preceding article when;
a) it is not possible to identify the manufacturer, builder, producer or importer.
b) the product is supplied, without clear identification of the manufacturer, producer, builder or
importer;
c) he does not adequately preserve perishable goods. The party making payment to the
damaged party may exercise the right to recover a part of the whole of the payment made
against the other responsible parties, in accordance with their part or responsibility in the
cause of the damage effected.
Article 99. Liability for Defective Services. – The service supplier is liable for redress,
independently of fault, for damages caused to consumers by defects relating to the rendering
of the services, as well as for insufficient or inadequate information on the fruition and
hazards thereof.
The service is defective when it does not provide the safety the consumer may rightfully
expect of it, taking the relevant circumstances into consideration, including but not limited to:
a) the manner in which it is provided;
b) the result of hazards which may reasonably be expected of it;
c) the time when it was provided.
A service is not considered defective because of the use or introduction of new techniques.
The supplier of the services shall not be held liable when it is proven:
PROVISIONS ON TORTS AND DAMAGES
Based on the syllabus of Prof. Anzen P.Dy
a) that there is no defect in the service rendered;
b) that the consumer or third party is solely at fault.
Article 100. Liability for Product and Service Imperfection. – The suppliers of durable or
nondurable consumer products are jointly liable for imperfections in quality that render the
products unfit or inadequate for consumption for which they are designed or decrease their
value, and for those resulting from inconsistency with the information provided on the
container, packaging, labels or publicity messages/advertisement, with due regard to the
variations resulting from their nature, the consumer being able to demand replacement to the
imperfect parts.
If the imperfection is not corrected within thirty (30) days, the consumer may alternatively
demand at his option:
a) the replacement of the product by another of the same kind, in a perfect state of use;
b) the immediate reimbursement of the amount paid, with monetary updating, without
prejudice to any losses and damages;
c) a proportionate price reduction.
The parties may agree to reduce or increase the term specified in the immediately preceding
paragraph; but such shall not be less than seven (7) nor more than one hundred and eighty
(180) days.
The consumer may make immediate use of the alternatives under the second paragraph of
this Article when by virtue of the extent of the imperfection, the replacement of the imperfect
parts may jeopardize the product quality or characteristics, thus decreasing its value.
If the consumer opts for the alternative under sub-paragraph (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.
Article 101. Liability for Product Quantity Imperfection. – Suppliers are jointly liable for
imperfections in the quantity of the product when, in due regard for variations inherent thereto,
their net content is less than that indicated on the container, packaging, labeling or
advertisement, the consumer having powers to demand, alternatively, at his own option:
a) the proportionate price
b) the supplementing of weight or measure differential;
c) the replacement of the product by another of the same kind, mark or model, without said
imperfections;
HDD | Page 13 of 14

d) the immediate reimbursement of the amount paid, with monetary updating without
prejudice to losses and damages if any.
The provisions of the fifth paragraph of Article 99 shall apply to this Article.
The immediate supplier shall be liable if the instrument used for weighing or measuring is not
gauged in accordance with official standards.
Article 102. Liability for Service Quality Imperfection. – The service supplier is liable for
any quality imperfections that render the services improper for consumption or decrease their
value, and for those resulting from inconsistency with the information contained in the offer or
advertisement, the consumer being entitled to demand alternatively at his option:
a) the performance of the services, without any additional cost and when applicable;
b) the immediate reimbursement of the amount paid, with monetary updating without
prejudice to losses and damages, if any;
c) a proportionate price reduction.
Reperformance of services may be entrusted to duly qualified third parties, at the supplier's
risk and cost.
Improper services are those which prove to be inadequate for purposes reasonably expected
of them and those that fail to meet the provisions of this Act regulating service rendering.
Article 103. Repair Service Obligation. – When services are provided for the repair of any
product, the supplier shall be considered implicitly bound to use adequate, new, original
PROVISIONS ON TORTS AND DAMAGES
Based on the syllabus of Prof. Anzen P.Dy
replacement parts, or those that maintain the manufacturer's technical specifications unless,
otherwise authorized, as regards to the latter by the consumer.
Article 104. Ignorance of Quality Imperfection. – The supplier's ignorance of the quality
imperfections due to inadequacy of the products and services does not exempt him from any
liability.
Article 105. Legal Guarantee of Adequacy. – The legal guarantee of product or service
adequacy does not require an express instrument or contractual exoneration of the supplier
being forbidden.
Article 106. Prohibition in Contractual Stipulation. – The stipulation in a contract of a
clause preventing, exonerating or reducing the obligation to indemnify for damages effected,
as provided for in this and in the preceding Articles, is hereby prohibited, if there is more than
one person responsible for the cause of the damage, they shall be jointly liable for the redress
established in the pertinent provisions of this Act. However, if the damage is caused by a
component or part incorporated in the product or service, its manufacturer, builder or importer
and the person who incorporated the component or part are jointly liable.
Article 107. Penalties. – Any person who shall violate any provision of this Chapter or its
implementing rules and regulations with respect to any consumer product which is not food,
cosmetic, or hazardous substance shall upon conviction, be subject to a fine of not less than
Five thousand pesos (P5,000.00) and by imprisonment of not more than one (1) year or both
upon the discretion of the court.
In case of juridical persons, the penalty shall be imposed upon its president, manager or head.
If the offender is an alien, he shall, after payment of fine and service of sentence, be deported
without further deportation proceedings.
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