Torts and Damages

Civil Law, originated from Common Law

Tort – the commission of an act by one, without right, whereby another receives
some injury, directly or indirectly in person, property or reputation. It is sometimes
defined as a wrong independent of contract or as a breach of duty which the law, as
distinguished from a mere contract, has imposed.

Damage vs. Damages

-injury -money awarded/compensatory charges paid to the
one who suffered injury, must always be in cash
-may be 1. Moral (ex. Breach of promise to marry)
2. Actual
3. Nominal

Torts and Damages – a wrongful act producing charges

5 Sources of Obligation
-Law
-Contract
-Quasi-Contract
-Delict
-Quasi-Delict (to which torts and damages belong)

Revised Penal Code Article 100.

Civil liability of a person guilty of felony. - Every person criminally liable for a felony is
also civilly liable.

*Civil Liability- impliedly simultaneously instituted with the criminal action

Exceptions when civil liability/action is not instituted:

1.Waives right to civil action
2. The complainant reserves right to file civil action for damages
3. When the civil action os filed prior to the filing of criminal action

PP vs. Ritter GR No. 88582, March 5, 1991

Quasi-Delict – civil wrong, not crime

-caused by fault or negligence, not intentional
-culpa aquilana: no existing contract or obligation between parties

Negligence – omission of that diligence required by circumstances of people, places

and events.

Test to Determine Negligence: Constitutive act of negligence is when there is

failure to recognize or the reasonable foresight is ignored.
“When a prudent man, in the position of the person to whom negligence is attributed,
foresee harm to the person injured as a reasonable consequence of the course
about to be pursued? If so, the law imposes a duty on the actor to refrain from that
course or take precaution against its mischievous results, and the failure to do so
constitutes negligence.”

*Bus accident example

Sole Negligence – passenger may recover indemnity from the bus company, the
passenger may also be solely liable when he is negligent/prudent.

Contributory Negligence – the contributory negligence of a victim is not a bar from

recovery of damages from buscompany, but may be a circumstance to mitigate
liability provided the proximate cause is the negligence of the driver himself.