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SPECIAL TORTS  Breach of promise to marry is not actionable

except:
 GR: concept of torts applies to persons a. When there is criminal seduction
 PERSONAL TORT- one involving or - Deception, enticement, superior power
consisting in an injury to the person or to the or abuse of confidence on the part of the
reputation or feelings seducer to which the woman yielded
 PROPERTY TORT- injury or damage to real b. Actual damages suffered
or personal property - In case of birth of child, support is
demandable
SPECIAL TORTS ON HUMAN RELATIONS - In case of rape, rapist is compelled to
support child
 HUMAN RELATIONS- rules needed to
govern the inter-relationships of human Article 22. Every person who through an act of
beings in a society for the purpose of performance by another, or any other means,
maintaining social order acquires or comes into possession of something
at the expense of the latter without just or legal
Article 19. Every person must, in the exercise of ground, shall return the same to him.
his rights and in the performance of his duties, act  No person may unjustly enrich himself at the
with justice, give everyone his due, and observe expense of another
honesty and good faith.  Article is applicable if:
 Principle of Abuse of Rights a. Someone acquires or comes into
 Departs from classical theory “he who uses a possession of “something” which means
right injures no one” delivery or acquisition of “things”
 Absence of good faith is essential to abuse of b. Acquisition is undue and at the expense
right of another, which means without any just
 Elements of Abuse of Right: or legal ground
a. There is a legal right or duty  Services are not included
b. Which is exercised in bad faith  Accion in Rem Verso- action is only
c. For the sole intent of prejudicing or subsidiary
injuring another  Distinguished Accion in Rem Verso from
 Rationale is that right ends when it Solutio INdebiti
disappears, and it disappears when it is a. RV- not necessary that payment be
abused made by mistake
 GOOD FAITH- honest intention to refrain SI- payment made by mistake
from taking undue advantage of another  Requisites of Accion Rem Verso:
 BAD FAITH- dishonest purpose or some a. Defendant has been enriched
moral obliquity and conscious performance of b. Plaintiff has suffered a loss
a wrong c. The enrichment of defendant is without
 Provisions of human rights are merely guides just or legal ground
for human conduct in the absence of specific d. Plaintiff has no other action based on
legal provisions and definite contractual contract, quasi- contract, crime or quasi-
provisions delict
 Damnum Absque Injuria (Damage without  Article not applicable if property is acquired
prejudice)- person who only exercises his by virtue of final judgment
legal rights does no injury  Government is not exempted from principle
 Art. 19 not a panacea for all human hurts and of unjust enrichment
social grievances
Article 23. Even when an act or event causing
Article 20. Every person who, contrary to law, damage to another's property was not due to the
wilfully or negligently causes damage to another, fault or negligence of the defendant, the latter
shall indemnify the latter for the same. shall be liable for indemnity if through the act or
 Article provides the general sanction which is event he was benefited.
the indemnification of damages
 No right impaired, no basis for damages Article 24. In all contractual, property or other
relations, when one of the parties is at a
Article 21. Any person who wilfully causes loss disadvantage on account of his moral
or injury to another in manner that is contrary to dependence, ignorance, indigence, mental
morals, good customs or public policy shall weakness, tender age or other handicap, the
compensate the latter for the damage. courts must be vigilant for his protection.
 Reason is that there are may injurious acts  This article tempered Art. 3
which have not been foreseen by lawmakers  Courts are directed not to neglect the extra
 Damages are recoverable even though no protection needed by the disadvantaged and
positive law has been violation but it is handicapped
necessary that the act should have been  State as parens patriae is obliged to minimize
willfully done and it is contrary to morals, the risk of harm to those who because of their
good customs or public policy minority

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Article 26. Every person shall respect the dignity,  NONFEASANCE- omission of an act which a
personality, privacy and peace of mind of his person ought to do
neighbors and other persons. The following and  MISFEASANCE- improper doing of an act
similar acts, though they may not constitute a which a person might lawfully do
criminal offense, shall produce a cause of action  MALFEASANCE- doing of an act which a
for damages, prevention and other relief: person ought not to do at all
(1) Prying into the privacy of another's  Nature of duty must be ministerial
residence; - If discretionary, acted in a notoriously
(2) Meddling with or disturbing the private arbitrary manner
life or family relations of another;  Good faith not a defense
(3) Intriguing to cause another to be  Strictest compliance with the public official’s
alienated from his friends; duty is required until the last day of his tenure
(4) Vexing or humiliating another on  Article not applicable when public officer
account of his religious beliefs, lowly acted within the scope of his official capacity
station in life, place of birth, physical and in line of duty
defect, or other personal condition.
 Coverage not limitative Article 28. Unfair competition in agricultural,
- All acts violative of person’s rights to commercial or industrial enterprises or in labor
dignity, personality, privacy and peace of through the use of force, intimidation, deceit,
mind machination or any other unjust, oppressive or
 RIGHT TO PRIVACY- right to be left alone highhanded method shall give rise to a right of
and unnoticed if he chooses so action by the person who thereby suffers
 General classes of torts actions for invasion damage.
of privacy:  UNFAIR COMPETITION- employing
a. Appropriation of plaintiff’s name or deception or any other means contrary to
likeness for the defendant’s benefit good faith
b. Intrusion upon plaintiff’s solitude or  Unfair Competition could be committed either
seclusion through:
c. Public disclosure of private facts a. Force
d. False light in the public eye b. Intimidation
 Prying in to privacy of another’s residence, c. Deceit
damages could be recovered d. Machination, or any other unjust,
 Disturbance of private life or family relations oppressive or high-handed method
is entitled for damages  True test of Unfair Competition- whether
 If there is no more affection to alienate, no certain goods have been intentionally clothed
recovery of damages could be made with an appearance which is likely to deceive
 Alienation from one’s friend is liable for the ordinary purchaser exercising ordinary
damages care
 Vexing of humiliating another on account of  Reason is that it is necessary in a system of
his religious belief, damages could be free enterprise
recovered
 Unauthorized use of picture is an actionable Article 29. When the accused in a criminal
wrong prosecution is acquitted on the ground that his
 Unwarranted notice of foreclosure is an guilt has not been proved beyond reasonable
actionable wrong doubt, a civil action for damages for the same act
 Moral damages recoverable under Art. 26 or omission may be instituted. Such action
requires only a preponderance of evidence. Upon
Article 27. Any person suffering material or moral motion of the defendant, the court may require
loss because a public servant or employee the plaintiff to file a bond to answer for damages
refuses or neglects, without just cause, to perform in case the complaint should be found to be
his official duty may file an action for damages malicious.
and other relief against the latter, without If in a criminal case the judgment of acquittal is
prejudice to any disciplinary administrative action based upon reasonable doubt, the court shall so
that may be taken. declare. In the absence of any declaration to that
 Purpose of law is to eliminate corruption effect, it may be inferred from the text of the
 Requisites for filing of action: decision whether or not the acquittal is due to that
a. Public servant or employee refuses or ground.
neglects to perform his official duty  Rationale of this article is it will correct a
b. There is no valid reason for the refusal or serious defect in the law leading from
neglect to perform official duty injustice
c. That injury or damage is suffered by the  Kinds of acquittal:
plaintiff a. Guilt has not been proved beyond
 Law applies only to acts of nonfeasance- reasonable doubt
non-performance of some acts which a b. Accused Is not author of the crime
person is obliged or has responsibility to c. Crime complained of did not exist
perform  acquittal not been proved beyond reasonable
doubt may still file a civil action for damages

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 acquittal which bars civil action proceed independently of the criminal
a. accused is not author of crime proceedings and regardless of the result of the
b. no crime existed latter.
c. finding in a final judgment that the act  Independent civil action which arises from
form which civil liability arise did not exist some other acts such as contract or suit
 acquittal which does not bar civil action: based on culpa contractual
a. liability of accused is not criminal but only
civil Article 32. Any public officer or employee, or any
b. civil liability is not derived from or based private individual, who directly or indirectly
on criminal act which the accused is obstructs, defeats, violates or in any manner
acquitted impedes or impairs any of the following rights and
c. civil action is based on quasi delict liberties of another person shall be liable to the
 prescription of criminal action is not a bar to latter for damages:
civil action (1) Freedom of religion;
 article 29 refers to dependent civil actions (2) Freedom of speech;
and not to independent civil actions (3) Freedom to write for the press or to
 there is duty of judge to be specific and maintain a periodical publication;
accurate (4) Freedom from arbitrary or illegal
 finding on civil liability of the accused shall be detention;
made in case of acquittal except if there is (5) Freedom of suffrage;
clear showing that the act which the civil (6) The right against deprivation of
liability might arise did not exist property without due process of law;
 rules on dependent and independent civil (7) The right to a just compensation when
action: private property is taken for public use;
- DCA if not reserved will be impliedly (8) The right to the equal protection of the
instituted with criminal action laws;
- DCA if reserved may be prosecuted (9) The right to be secure in one's person,
independently but must await for house, papers, and effects against
outcome of crim case unreasonable searches and seizures;
- DCA must be suspended when there is (10) The liberty of abode and of changing
crim case the same;
- ICA can proceed simultaneously with (11) The privacy of communication and
crim case correspondence;
(12) The right to become a member of
 Prescription of action ex quasi delicto does
associations or societies for purposes not
not operate as a bar to an action to enforce
contrary to law;
the civil liability arising from crime
(13) The right to take part in a peaceable
 Rationale of reservation is the avoidance of
assembly to petition the Government for
multiple suits between same litigants arising
redress of grievances;
out of same act or omission of offender
(14) The right to be a free from
involuntary servitude in any form;
Article 30. When a separate civil action is
(15) The right of the accused against
brought to demand civil liability arising from a
excessive bail;
criminal offense, and no criminal proceedings are
(16) The right of the accused to be heard
instituted during the pendency of the civil case, a
by himself and counsel, to be informed of
preponderance of evidence shall likewise be
the nature and cause of the accusation
sufficient to prove the act complained of.
against him, to have a speedy and public
 Also speaks of dependent civil action trial, to meet the witnesses face to face,
 There is no need to reserve independent civil and to have compulsory process to
action secure the attendance of witness in his
 Dependent civil actions to be pursued behalf;
independently must be reserved (waives the (17) Freedom from being compelled to be
civil action, reserves to institute separately a witness against one's self, or from
and institute prior to criminal case) being forced to confess guilt, or from
 Reason for reservation is to prevent offended being induced by a promise of immunity
party from recovering damages twice or reward to make such confession,
 Reservation must be made before the except when the person confessing
prosecution starts presenting its evidence becomes a State witness;
 If party failed to make reservation of (18) Freedom from excessive fines, or
dependent civil action, the civil action is cruel and unusual punishment, unless
deemed instituted with criminal case the same is imposed or inflicted in
 For practicality, court trying the criminal case accordance with a statute which has not
must be informed of the filing or pendency of been judicially declared unconstitutional;
independent civil action and
(19) Freedom of access to the courts.
Article 31. When the civil action is based on an In any of the cases referred to in this
obligation not arising from the act or omission article, whether or not the defendant's act
complained of as a felony, such civil action may or omission constitutes a criminal

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offense, the aggrieved party has a right  NEW RULE: In Corpus v. Paje, allowed to
to commence an entirely separate and apply to injuries which arose from criminal
distinct civil action for damages, and for negligence
other relief. Such civil action shall  Effect of intervention in criminal case:
proceed independently of any criminal - If filed a separate civil action, cannot
prosecution (if the latter be instituted), intervene in criminal case
and may be proved by a preponderance - If he intervened, he cannot later file a civil
of evidence. action to recover moral and exemplary
The indemnity shall include moral damages. damages
Exemplary damages may also be adjudicated. - Judgment in criminal case bars civil
The responsibility herein set forth is not action under Art. 33
demandable from a judge unless his act or
omission constitutes a violation of the Penal Code Article 34. When a member of a city or municipal
or other penal statute. police force refuses or fails to render aid or
 This article constitutes constitutional torts protection to any person in case of danger to life
 Guarantee the protection of civil liberties of or property, such peace officer shall be primarily
people liable for damages, and the city or municipality
 Reason is that citizens will have adequate shall be subsidiarily responsible therefor. The civil
civil remedies because of these independent action herein recognized shall be independent of
civil actions any criminal proceedings, and a preponderance
 Private person may be offender even if he of evidence shall suffice to support such action.
acted in good faith  Independent civil action covers:
 Suspension of privilege of habeas corpus a. There is danger to life or property of
does not bar action for damages anchored on person
illegal searches b. Member of police force who is present in
 Purpose if Art. 32 is to provide sanction to the the scene refused or failed to render aid
deeply cherished rights and freedoms or protection to person
enshrined in the Constitution c. Damages are caused to person or
 Judges are exempted from damages except property of victim
if the judge’s act constitutes a violation of  Liability of officer is primary and city or
penal statutes such as: municipality is subsidiary
a. Art. 204- knowingly rendering unjust  Defense of good father of family not available
judgment to city or municipality
b. Art. 205- knowingly rendering a
manifestly unjust judgment through OTHER SPECIAL TORTS:
inexcusable negligence or ignorance a. ObliCon
c. Art. 206- knowingly rendering an unjust b. Construction of building under Special
interlucotory order Contracts
d. Art. 207- maliciously delaying c. Family Code
administration of justice d. RPC
 Public officer may be held liable for damages e. Chapter on Nuisance
if in the course of performance of his f. Chapter on Common Carriers
functions of his office he: g. Chapter on Quasi-Contracts
a. Acted with malice, bad faith and h. Chapter on Deposit and Loss of Things
negligence in Hotels
b. Where public officer violated a i. Special laws like Anti-Sexual
constitutional right of plaintiff Harrassment Act

Article 33. In cases of defamation, fraud, and TORTS INVOLVING DISRESPECT TO DEAD
physical injuries a civil action for damages, OR WRONGFUL INTERFERENCE WITH
entirely separate and distinct from the criminal FUNERAL RIGHTS
action, may be brought by the injured party. Such
civil action shall proceed independently of the Article 309. Any person who shows disrespect to
criminal prosecution, and shall require only a the dead, or wrongfully interferes with a funeral
preponderance of evidence. shall be liable to the family of the deceased for
 Rationale is to allow citizen to enforce his damages, material and moral.
rights in private action brought by him  Disrespect to dead is an actionable wrong
 Involves independent civil action for  Libel may be committed to a dead person
damages based on fraud, defamation and  Unlawful interference in funeral of dead
physical injuries person subject to damage
 Only preponderance of evidence is required  Who can file action for damages:
 Defamation includes libel and slander a. Spouse
 Fraud covers estafa or swindling b. Descendants
 Physical injuries covers all kinds of physical c. Ascendants
injuries d. Brothers and sisters
 OLD RULE: Art. 33 applies only to injuries
intentionally committed TORTS INVOLVING NUISANCE

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 NUISANCE- is a serious hindrances to the d. Permanent- nuisance which by the
enjoyment of life and property nature of the structure creates
permanent inconvenience
Article 694. A nuisance is any act, omission, e. Continuing- nuisance which by its nature
establishment, business, condition of property, or will continue to exist indefinitely unless
anything else which: abated
(1) Injures or endangers the health or f. Intermittent- nuisance which recurs off
safety of others; or and on and may be discontinued at
(2) Annoys or offends the senses; or anytime
(3) Shocks, defies or disregards decency  Nuisance are subject to summary abatement
or morality; or
(4) Obstructs or interferes with the free Article 696. Every successive owner or
passage of any public highway or street, possessor of property who fails or refuses to
or any body of water; or abate a nuisance in that property started by a
(5) Hinders or impairs the use of former owner or possessor is liable therefor in the
property. same manner as the one who created it.
 NUISANCE- anything which hinders the Article 697. The abatement of a nuisance does
comfortable enjoyment of life and hinders the not preclude the right of any person injured to
free use of customary way of property recover damages for its past existence.
 From French word “nuire”- injury, hurt or Article 698. Lapse of time cannot legalize any
harm nuisance, whether public or private.
 Distinctions between Negligence and Article 699. The remedies against a public
Nuisance nuisance are:
Negligence Nuisance (1) A prosecution under the Penal Code
Basis Lack of Attaches or any local ordinance: or
proper care regardless of (2) A civil action; or
and degree of care or (3) Abatement, without judicial
diligence skill proceedings.
Condition Already Continuing harm Article 700. The district health officer shall take
of act done care that one or all of the remedies against a
Remedy Action for Abatement without public nuisance are availed of.
damages judicial Article 701. If a civil action is brought by reason
proceedings of the maintenance of a public nuisance, such
action shall be commenced by the city or
 Causes of nuisance:
municipal mayor.
a. Injury or danger to health or safety
Article 702. The district health officer shall
b. Annoyance or offense to the senses
determine whether or not abatement, without
c. Shock, defiance or indifference to norms
judicial proceedings, is the best remedy against a
of decency or morality
public nuisance.
d. Observance to free passage of any
Article 703. A private person may file an action
public highway or street or any body of
on account of a public nuisance, if it is specially
water
injurious to himself.
e. Hindrance to or impairment of use of
Article 704. Any private person may abate a
property
public nuisance which is specially injurious to him
by removing, or if necessary, by destroying the
Article 695. Nuisance is either public or private.
thing which constitutes the same, without
A public nuisance affects a community or
committing a breach of the peace, or doing
neighborhood or any considerable number of
unnecessary injury. But it is necessary:
persons, although the extent of the annoyance,
(1) That demand be first made upon the
danger or damage upon individuals may be
owner or possessor of the property to
unequal. A private nuisance is one that is not
abate the nuisance;
included in the foregoing definition.
(2) That such demand has been rejected;
 Kinds of nuisance according to number of
(3) That the abatement be approved by
persons affected:
the district health officer and executed
a. Public- affects community or
with the assistance of the local police;
neighborhood or considerable number of
and
persons
(4) That the value of the destruction does
b. Private- one which affects an individual
not exceed three thousand pesos.
or few persons
 Abatement could be done:
 Other classification of nuisance as to nature:
a. By removing the thing which constitutes
a. Nuisance per se- nuisance which is
the nuisance
always a nuisance under any
b. By destroying the thing when necessary
circumstances
without disturbing the peace of the
b. Nuisance per accidens- nuisance by
community, or doing unnecessary injury
reason of location, surrounding or in a
 Requisites of abatement:
manner it is conducted or managed
a. Demand must be made to owner or
c. Temporary- nuisance which if properly
possessor of property to give him
attended does not constitute a nuisance
opportunity to abate nuisance voluntarily

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b. Demand was rejected without valid a. Plaintiff himself has contravened the
reason terms of contract
c. Abatement is with approval of District b. Plaintiff has derived some benefit as
Health Officer result of the contract
d. Abatement is executed with assistance of c. In case where exemplary damages are
local police to maintain peace and order awarded, the defendant acted with
e. Value of destruction must not exceed 3k advice of counsel
Article 705. The remedies against a private d. The loss would have resulted in any
nuisance are: event
(1) A civil action; or e. Since filing of action, defendant has done
(2) Abatement, without judicial his best to lessen the plaintiff’s loss or
proceedings. injury
Article 706. Any person injured by a private Article 1173. The fault or negligence of the
nuisance may abate it by removing, or if obligor consists in the omission of that diligence
necessary, by destroying the thing which which is required by the nature of the obligation
constitutes the nuisance, without committing a and corresponds with the circumstances of the
breach of the peace or doing unnecessary injury. persons, of the time and of the place. When
However, it is indispensable that the procedure negligence shows bad faith, the provisions of
for extrajudicial abatement of a public nuisance articles 1171 and 2201, paragraph 2, shall apply.
by a private person be followed. If the law or contract does not state the diligence
Article 707. A private person or a public official which is to be observed in the performance, that
extrajudicially abating a nuisance shall be liable which is expected of a good father of a family
for damages: shall be required. (1104a)
(1) If he causes unnecessary injury; or  DILIGENCE- attention and care required of a
(2) If an alleged nuisance is later person in the given situation and is the
declared by the courts to be not a real opposite of negligence
nuisance.  DUE DILIGENCE- that measure of prudence,
 Remedies of property owner whose property activity or assiduity, as is properly to be
had been destroyed as nuisance: expected from, and ordinarily exercised by
a. Go to court as to determination if property reasonable and prudent men under the
is a nuisance particular circumstances
b. File for injunction  NECESSARY DILIGENCE- degree of
c. File a case for replevin diligence which a person placed in a
d. File for damages particular situation must exercise in order to
entitle hi, to the protection of law
TORTS IN OBLICON  GROSS NEGLIGENCE- thoughtless
disregard of consequences without exerting
Article 1170. Those who in the performance of any effort to avoid them
their obligations are guilty of fraud, negligence, or  Kinds of diligence:
delay, and those who in any manner contravene a. Diligence st
the tenor thereof, are liable for damages. (1101) Article 1174. Except in cases expressly specified
 Fraud- intentional evasion of faithful by the law, or when it is otherwise declared by
performance of obligation stipulation, or when the nature of the obligation
 Negligence or fault- omission of that diligence requires the assumption of risk, no person shall
required by the nature of the obligation be responsible for those events which could not
 Delay- fault or tardiness in the performance be foreseen, or which, though foreseen, were
of obligation after it had become due and inevitable. (1105a)
demandable  FORTUITOUS EVENT- occurrence or
 Violation of terms of contract- act of happening which could not be foressen, or if
contravening the tenor ad terms and even foressen, is inevitable
conditions of the contract  Classes of Fortuitous Event:
 Fortuitous events excuse non-performance a. As to origin:
of obligations except: 1. Fortuitous event- absolutely
a. When law expressly provides liability independent of human intervention
b. When there is stipulation between the 2. Force majeure- caused by acts of
parties persons
c. When nature of the obligation requires b. As to foreseeability:
the assumption of risk 1. Ordinary fortuitous event- could be
Article 1171. Responsibility arising from fraud is foreseen but inevitable
demandable in all obligations. Any waiver of an 2. Extraordinary- could not be foreseen
action for future fraud is void. (1102a)  Requisites to exempt obligor from liability by
Article 1172. Responsibility arising from reason of fortuitous event:
negligence in the performance of every kind of a. Cause of breach must be independent of
obligation is also demandable, but such liability debtor’s will
may be regulated by the courts, according to the b. Event must either be unforeseeable or
circumstances. (1103) unavoidable
 Mitigation of damages in contract, quasi-
contracts and quasi-delicts:

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c. Event must be of such as to render it Authority and responsibility shall apply to all
impossible for debtor to fulfill his authorized activities whether inside or outside the
obligation in normal manner premises of the school, entity or institution. (349a)
d. Debtor must be free from any Art. 219. Those given the authority and
participation responsibility under the preceding Article shall be
 Exceptions which make obligor liable for principally and solidarily liable for damages
failure to perforam obligation due to fortuitous caused by the acts or omissions of the
event: unemancipated minor. The parents, judicial
a. When it is expressly stipulated guardians or the persons exercising substitute
b. When nature of obligation requires parental authority over said minor shall be
assumption of risk subsidiarily liable.
c. When obligor is in delay The respective liabilities of those referred to in the
d. When obligor has promised the same preceding paragraph shall not apply if it is proved
thing to two or more persons who do not that they exercised the proper diligence required
have interest under the particular circumstances.
e. When possessor is in bad faith All other cases not covered by this and the
f. When obligor contributed to the loss preceding articles shall be governed by the
g. When obligor is guilty of fraud, provisions of the Civil Code on quasi-delicts. (n)
negligence or delay or if he contravened Art. 221. Parents and other persons exercising
the tenor parental authority shall be civilly liable for the
h. When injury could have been avoided by injuries and damages caused by the acts or
human precaution omissions of their unemancipated children living
Article 1314. Any third person who induces in their company and under their parental
another to violate his contract shall be liable for authority subject to the appropriate defenses
damages to the other contracting party. (n) provided by law. (2180(2)a and (4)a )
 Requisites of interference in contractual Art. 236. Emancipation for any cause shall
relations: terminate parental authority over the person and
a. There must be existing valid contract property of the child who shall then be qualified
between two or more persons and responsible for all acts of civil life. (412a)
b. Third person to the contract is aware of
existence of contract TORTS INVOLVING COMMON CARRIERS
c. Third person interferes by inducing a
party to violate the contract and it was  Elements of Carriage:
violated a. Consent of parties (passage ticket)
d. Interference or intermeddling is without b. Object of contract (transportation of
legal justification or valid excuse goods or passengers from departure to
arrival
TORTS INVOLVING CONSTRUCTION c. Consideration (fare paid)
 COMMON CARRIERS- persons,
Article 1723. The engineer or architect who drew corporations, firms or associations engaged
up the plans and specifications for a building is in the business of carrying or transporting
liable for damages if within fifteen years from the passengers or goods or both, by land, water
completion of the structure, the same should or air, for compensation, offering their
collapse by reason of a defect in those plans and services to the public
specifications, or due to the defects in the ground.  Test to determine common carrier of foods:
The contractor is likewise responsible for the a. He must be engaged in business of
damages if the edifice falls, within the same carrying goods for others as public
period, on account of defects in the construction employment
or the use of materials of inferior quality furnished b. He must undertake to carry goods of the
by him, or due to any violation of the terms of the kind to which his business is confined
contract. If the engineer or architect supervises c. He must undertake to carry by method by
the construction, he shall be solidarily liable with which his business is concluded and over
the contractor. his established roads
Acceptance of the building, after completion, d. Transportation must be for hire
does not imply waiver of any of the cause of
action by reason of any defect mentioned in the Article 1732. Common carriers are persons,
preceding paragraph. corporations, firms or associations engaged in
The action must be brought within ten years the business of carrying or transporting
following the collapse of the building. (n) passengers or goods or both, by land, water, or
air, for compensation, offering their services to
TORTS INVOLVING FAMILY CODE the public.
Article 1733. Common carriers, from the nature
Art. 218. The school, its administrators and of their business and for reasons of public policy,
teachers, or the individual, entity or institution are bound to observe extraordinary diligence in
engaged in child are shall have special parental the vigilance over the goods and for the safety of
authority and responsibility over the minor child the passengers transported by them, according to
while under their supervision, instruction or all the circumstances of each case.
custody.

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Such extraordinary diligence in the vigilance over Article 1738. The extraordinary liability of the
the goods is further expressed in articles 1734, common carrier continues to be operative even
1735, and 1745, Nos. 5, 6, and 7, while the during the time the goods are stored in a
extraordinary diligence for the safety of the warehouse of the carrier at the place of
passengers is further set forth in articles 1755 destination, until the consignee has been advised
and 1756. of the arrival of the goods and has had
reasonable opportunity thereafter to remove
SUBSECTION 2. Vigilance Over Goods them or otherwise dispose of them.
Article 1734. Common carriers are responsible Article 1739. In order that the common carrier
for the loss, destruction, or deterioration of the may be exempted from responsibility, the natural
goods, unless the same is due to any of the disaster must have been the proximate and only
following causes only: cause of the loss. However, the common carrier
(1) Flood, storm, earthquake, lightning, or must exercise due diligence to prevent or
other natural disaster or calamity; minimize loss before, during and after the
(2) Act of the public enemy in war, occurrence of flood, storm or other natural
whether international or civil; disaster in order that the common carrier may be
(3) Act or omission of the shipper or exempted from liability for the loss, destruction, or
owner of the goods; deterioration of the goods. The same duty is
(4) The character of the goods or defects incumbent upon the common carrier in case of an
in the packing or in the containers; act of the public enemy referred to in article 1734,
(5) Order or act of competent public No. 2.
authority. Article 1740. If the common carrier negligently
 Common carriers are responsible for: incurs in delay in transporting the goods, a natural
a. Loss disaster shall not free such carrier from
b. Destruction responsibility.
c. Deterioration of goods Article 1741. If the shipper or owner merely
- Except: contributed to the loss, destruction or
1. Natural disaster or calamity deterioration of the goods, the proximate cause
2. Act of the public enemy in war thereof being the negligence of the common
3. Act or omission of the shipper or carrier, the latter shall be liable in damages,
owner of goods which however, shall be equitably reduced.
4. The character of goods or defects in Article 1742. Even if the loss, destruction, or
the packing or in the containers deterioration of the goods should be caused by
5. Order or act of competent public the character of the goods, or the faulty nature of
authority the packing or of the containers, the common
Article 1735. In all cases other than those carrier must exercise due diligence to forestall or
mentioned in Nos. 1, 2, 3, 4, and 5 of the lessen the loss.
preceding article, if the goods are lost, destroyed Article 1743. If through the order of public
or deteriorated, common carriers are presumed authority the goods are seized or destroyed, the
to have been at fault or to have acted negligently, common carrier is not responsible, provided said
unless they prove that they observed public authority had power to issue the order.
extraordinary diligence as required in article Article 1744. A stipulation between the common
1733. carrier and the shipper or owner limiting the
Article 1736. The extraordinary responsibility of liability of the former for the loss, destruction, or
the common carrier lasts from the time the goods deterioration of the goods to a degree less than
are unconditionally placed in the possession of, extraordinary diligence shall be valid, provided it
and received by the carrier for transportation until be:
the same are delivered, actually or constructively, (1) In writing, signed by the shipper or
by the carrier to the consignee, or to the person owner;
who has a right to receive them, without prejudice (2) Supported by a valuable
to the provisions of article 1738. consideration other than the service
 Extent of period of extraordinary rendered by the common carrier; and
responsibility lasts from the time the goods (3) Reasonable, just and not contrary to
are unconditionally put in possession of and public policy.
received by the said carrier until the same are Article 1745. Any of the following or similar
delivered to the consignee or person who has stipulations shall be considered unreasonable,
the receive them unjust and contrary to public policy:
 Prescription of action in cases of misdelivery (1) That the goods are transported at the
or loss of cargo: risk of the owner or shipper;
a. 10 years from accrual of action if based (2) That the common carrier will not be
on written contract liable for any loss, destruction, or
b. 4 years if based on quasi-delict deterioration of the goods;
Article 1737. The common carrier's duty to (3) That the common carrier need not
observe extraordinary diligence over the goods observe any diligence in the custody of
remains in full force and effect even when they the goods;
are temporarily unloaded or stored in transit, (4) That the common carrier shall
unless the shipper or owner has made use of the exercise a degree of diligence less than
right of stoppage in transitu. that of a good father of a family, or of a

8
man of ordinary prudence in the vigilance which is not in his personal custody or in that of
over the movables transported; his employee. As to other baggage, the rules in
(5) That the common carrier shall not be articles 1998 and 2000 to 2003 concerning the
responsible for the acts or omission of his responsibility of hotel-keepers shall be
or its employees; applicable.
(6) That the common carrier's liability for SUBSECTION 3. Safety of Passengers
acts committed by thieves, or of robbers Article 1755. A common carrier is bound to carry
who do not act with grave or irresistible the passengers safely as far as human care and
threat, violence or force, is dispensed foresight can provide, using the utmost diligence
with or diminished; of very cautious persons, with a due regard for all
(7) That the common carrier is not the circumstances.
responsible for the loss, destruction, or  PASSENGERS- person who rides on a
deterioration of goods on account of the vehicle of a common carrier with the consent
defective condition of the car, vehicle, of the latter for the purpose of reaching a
ship, airplane or other equipment used in particular destination, and generally a fixed
the contract of carriage. fare
Article 1746. An agreement limiting the common  SPECIFIC PASSENGERS- people inside the
carrier's liability may be annulled by the shipper means of transportation who do not pay
or owner if the common carrier refused to carry transportation fare
the goods unless the former agreed to such a. Concessionaires doing business
stipulation. b. Newsboys permitted to sell newspaper
Article 1747. If the common carrier, without just  STOWAWAY PERSONS:
cause, delays the transportation of the goods or a. Rider who enters without any intention of
changes the stipulated or usual route, the paying
contract limiting the common carrier's liability b. Rider when required to pay refused to
cannot be availed of in case of the loss, pay
destruction, or deterioration of the goods. c. Rider who refuses to alight after having
 Agreement limiting liability cannot be availed been accorded several opportunity to
of if: safely alight
a. There was delay in transporting of goods; Article 1756. In case of death of or injuries to
b. There was change in stipulated or usual passengers, common carriers are presumed to
route have been at fault or to have acted negligently,
Article 1748. An agreement limiting the common unless they prove that they observed
carrier's liability for delay on account of strikes or extraordinary diligence as prescribed in articles
riots is valid. 1733 and 1755.
Article 1749. A stipulation that the common  Injured person must only need to provide:
carrier's liability is limited to the value of the goods a. Existence of contract of carriage
appearing in the bill of lading, unless the shipper b. Non-performance
or owner declares a greater value, is binding.  Remedies of pedestrian injured due to
Article 1750. A contract fixing the sum that may negligence of driver of common carrier:
be recovered. by the owner or shipper for the a. File criminal action against driver
loss, destruction, or deterioration of the goods is b. File an action for damages against driver
valid, if it is reasonable and just under the and employer
circumstances, and has been fairly and freely  KABIT SYSTEM- agreement whereby a
agreed upon. person who has been granted a certificate of
 Requisites for fixing amount recoverable bu public convenience allows other person who
the shipper in case of loss: own motor vehicles to operate them under his
a. Contract is reasonable and just under license, sometimes for a fee or percentage of
circumstances the earnings
b. It has beem fairly and freely agreed upon Article 1757. The responsibility of a common
Article 1751. The fact that the common carrier carrier for the safety of passengers as required in
has no competitor along the line or route, or a part articles 1733 and 1755 cannot be dispensed with
thereof, to which the contract refers shall be taken or lessened by stipulation, by the posting of
into consideration on the question of whether or notices, by statements on tickets, or otherwise.
not a stipulation limiting the common carrier's Article 1758. When a passenger is carried
liability is reasonable, just and in consonance with gratuitously, a stipulation limiting the common
public policy. carrier's liability for negligence is valid, but not for
Article 1752. Even when there is an agreement wilful acts or gross negligence.
limiting the liability of the common carrier in the The reduction of fare does not justify any
vigilance over the goods, the common carrier is limitation of the common carrier's liability
disputably presumed to have been negligent in  The following are considered passengers:
case of their loss, destruction or deterioration. a. Public officer who is granted free
Article 1753. The law of the country to which the passages
goods are to be transported shall govern the b. Stranger who rides free but with consent
liability of the common carrier for their loss, of carrier
destruction or deterioration. c. Employee of the carrier
Article 1754. The provisions of articles 1733 to  Only available defense in case of death or
1753 shall apply to the passenger's baggage injuries are:

9
a. Force majeure
b. Observance of extraordinary diligence
Article 1759. Common carriers are liable for the QUASI DELICT
death of or injuries to passengers through the
negligence or wilful acts of the former's Article 2144. Whoever voluntarily takes charge
employees, although such employees may have of the agency or management of the business or
acted beyond the scope of their authority or in property of another, without any power from the
violation of the orders of the common carriers. latter, is obliged to continue the same until the
This liability of the common carriers does not termination of the affair and its incidents, or to
cease upon proof that they exercised all the require the person concerned to substitute him, if
diligence of a good father of a family in the the owner is in a position to do so. This juridical
selection and supervision of their employees. relation does not arise in either of these
Article 1760. The common carrier's responsibility instances:
prescribed in the preceding article cannot be (1) When the property or business is not
eliminated or limited by stipulation, by the posting neglected or abandoned;
of notices, by statements on the tickets or (2) If in fact the manager has been tacitly
otherwise. authorized by the owner.
Article 1761. The passenger must observe the In the first case, the provisions of articles 1317,
diligence of a good father of a family to avoid 1403, No. 1, and 1404 regarding unauthorized
injury to himself. contracts shall govern.
Article 1762. The contributory negligence of the In the second case, the rules on agency in Title X
passenger does not bar recovery of damages for of this Book shall be applicable. (1888a)
his death or injuries, if the proximate cause  NEGOTIORUM GESTIO- gestor takes the
thereof is the negligence of the common carrier, management of the business or property of
but the amount of damages shall be equitably another person known as owner without
reduced. consent or authority of latter
Article 1763. A common carrier is responsible for  Requisites:
injuries suffered by a passenger on account of the a. Business or property has been neglected
wilful acts or negligence of other passengers or or abandoned by owner
of strangers, if the common carrier's employees b. Concerned person lawfully and
through the exercise of the diligence of a good voluntarily takes over the management of
father of a family could have prevented or the business or property of owner
stopped the act or omission. c. Owner did not expressly or impliedly
authorize the negotiorum gestor to
Article 1764. Damages in cases comprised in manage the business or property
this Section shall be awarded in accordance with d. Manager has no motive of avarice
Title XVIII of this Book, concerning Damages.  Examples of prohibition:
Article 2206 shall also apply to the death of a a. Property s fenced without any door or
passenger caused by the breach of contract by a opening
common carrier. b. If on property there is notice
 Civil indemnity of common carrier in case of c. Notice if made by owner to officious
death: manager to stop his acts
a. Indemnity for death d. Restraining order is issued against
b. Indemnity for loss of earning capacity officious manager
c. Moral damages Article 2145. The officious manager shall
Article 1765. The Public Service Commission perform his duties with all the diligence of a good
may, on its own motion or on petition of any father of a family, and pay the damages which
interested party, after due hearing, cancel the through his fault or negligence may be suffered
certificate of public convenience granted to any by the owner of the property or business under
common carrier that repeatedly fails to comply management.
with his or its duty to observe extraordinary The courts may, however, increase or moderate
diligence as prescribed in this Section. the indemnity according to the circumstances of
Article 1766. In all matters not regulated by this each case. (1889a)
Code, the rights and obligations of common Article 2146. If the officious manager delegates
carriers shall be governed by the Code of to another person all or some of his duties, he
Commerce and by special laws. shall be liable for the acts of the delegate, without
prejudice to the direct obligation of the latter
TORTS INVOLVING DEPOSITS toward the owner of the business.
The responsibility of two or more officious
Article 2003. The hotel-keeper cannot free managers shall be solidary, unless the
himself from responsibility by posting notices to management was assumed to save the thing or
the effect that he is not liable for the articles business from imminent danger. (1890a)
brought by the guest. Any stipulation between the Article 2147. The officious manager shall be
hotel-keeper and the guest whereby the liable for any fortuitous event:
responsibility of the former as set forth in articles (1) If he undertakes risky operations
1998 to 2001 is suppressed or diminished shall which the owner was not accustomed to
be void. (n) embark upon;

10
(2) If he has preferred his own interest to arises by operation of law the corresponding
that of the owner; obligation to return the same to avoid unjust
(3) If he fails to return the property or enrichment on part of recipient
business after demand by the owner;  Requisites:
(4) If he assumed the management in a. One who paid or delivered was not under
bad faith. (1891a) any obligation to do so
 Exceptions which render officious manager b. Payment was made by reason of
liable for any fortuitous event: essential mistake of fact and not through
a. He undertakes risky operations which liberality or another’s cause
owner was not accustomed to embark Article 2159. Whoever in bad faith accepts an
upon undue payment, shall pay legal interest if a sum
b. If he has preferred his own interest to that of money is involved, or shall be liable for fruits
of the owner received or which should have been received if
c. If he fails to return the property of the thing produces fruits.
business after demand by owner He shall furthermore be answerable for any loss
d. If he assumed the management in bad or impairment of the thing from any cause, and
faith for damages to the person who delivered the
Article 2148. Except when the management was thing, until it is recovered. (1896a)
assumed to save property or business from  Effects of accepting due payment in bad faith:
imminent danger, the officious manager shall be a. Payment of legal interest if money is
liable for fortuitous events: involved
(1) If he is manifestly unfit to carry on the b. Fruits received or which should have
management; been received
(2) If by his intervention he prevented a c. Loss or impairment of thing from any
more competent person from taking up cause
the management. (n) d. Damages suffered by payer or deliverer
Article 2149. The ratification of the management  Effects of acceptance in good faith:
by the owner of the business produces the effects a. Impairment or loss of thing insofar as he
of an express agency, even if the business may has been benefited
not have been successful. (1892a) b. Return of the price, if thing has been
Article 2150. Although the officious management alienated
may not have been expressly ratified, the owner c. For assignment of credit or action to
of the property or business who enjoys the collect the said price or sum
advantages of the same shall be liable for  Quasi- contracts prescribe in 6 years
obligations incurred in his interest, and shall
reimburse the officious manager for the
necessary and useful expenses and for the
damages which the latter may have suffered in
the performance of his duties.
The same obligation shall be incumbent upon him
when the management had for its purpose the
prevention of an imminent and manifest loss,
although no benefit may have been derived.
(1893)
Article 2151. Even though the owner did not
derive any benefit and there has been no
imminent and manifest danger to the property or
business, the owner is liable as under the first
paragraph of the preceding article, provided:
(1) The officious manager has acted in
good faith, and
(2) The property or business is intact,
ready to be returned to the owner. (n)
 Extinguishment of management:
a. Owner repudiates it or puts an end
thereto
b. When officious maanger withdraws from
management
c. By death, civil interdiction, insanity or
insolvency of owner or officious manager

Solutio Indebiti
Article 2154. If something is received when there
is no right to demand it, and it was unduly
delivered through mistake, the obligation to return
it arises. (1895)
 SOLUTIO INDEBITI- person receives
something that is not due to him and there

11