Art.19.

Every person must, in the exercise of his rights and in the performance of his duties, act with
justice, give everyone his due, and observe honesty and good faith

Art. 20. Every person who, contrary to law, willfully or negligently causes damage to another, shall
indemnify the latter for the same.

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

Negligence acronition?

Dano emergente lus crusante – DAmaGES damages in case of death, interest by way of income, interest
by way of damages?

Art. 2176 – whoever be act or omission causes damage to another, there being fault or negligence, if
there is no pre-existing contractual relation between the parties, is called quasi-delict and is governed by
the provisions of this Code.

- Negligence must be proved

- Note – in the absence of fault or negligence, there can be no award for damages. Mere
suspicion or speculation without proof cannot be the basis of such an award
- Requisites for a quasi-delict
o Act or omission
o Presence of fault or negligence
o Damage to another
o Causal connection between the fault or negligence and the damage.
- The person responsible (tortfeasor) is liable even if he does not know the identity of the
- When is art 2176 inapplicable?
o When there was a pre-existing contractual relation. Otherwise, what results is a breach
of contract.
Note: however, if the act that breaches the contract is tortuous, the pre-existing
contractual relation will not bar the recovery of damages.
o When the fault or negligence is punished by law as a crime. Art 100 of rpc shall be
applicable,
o If the action for quasi-delict is instituted after 4 years, it is deemed prescribed
o When the injury suffered by a person is result of a fortuitous even without human
intervention.
o If there is no damage or injury cause to another
- Damnum absque injuria – means that although there was physical damage, there was no legal
injury.
- Doctrine of last clear chance – is to the effect that even if the injured party was originally at fault
still if the person who finally caused the accident had the last clear opportunity to avoid striking
him, he who could have prevented the injury is still liable if he did not take advantage of such
opportunity or chance. Also known as DOCTRINE OF DISCOVERED PERIL, DOCTRINE OF
SUPERVENING NEGLIGENCE, THE HUMANNITARIAN doctrine.
- Tort liability may still exist despite presence of contractual relations – the court referred to the
liability as one arising from tort, and not one arising from a contract.
Art 2177 – tort can be filed separate from negligence in penal code

No double recovery – you can file both quasi-delict and breach of contract or any civil case, however the
recovery must not happen twice.

Art 2178 – other provision in obligation

Art. 2179 - sole cause of injury is a persons own negligence

- If the sole cause is the plaintiff’s own fault, there can be no recovery
- Proximate cause – it is that adequate and efficient cause which in the natural order of events,
and under th particular circumstances surrounding the case would naturally produce the event.

Art. 2180 – memorize page 1205

Read utro

Art. 2181 – right person to get reimbursement

- The person who actually caused the injury should be made to answer for his fault

Art. 2182 – when a minor or insane person is answerable with his own property.

- Causing damage without parent or guardian

Art. 2183 – damage cause by animals MEMORIZE

Defenses:

a. Force majeure
b. Fault of the person injured
c. Note – the law does not mention diligence of the possessor of the animal as a defense.

Art. 2184 – liability of owner of a motor vehicle.

Art. 2185 – presumption of driver’s negligence

Art. 2186 duty of motor vehicle to file a bond.

Art. 2187 – liability of the manufacturer

- Note – that liability exists even in the absence of contractual relations

Art. 2188 – presumption of negligence because of the possession of dangerous weapons or substances.

Art. 2189 – liability of municipal subdivisions because of defective road, bridges, etc.

- The liability is for the DEATH or INJURIES suffered by a person

- As long as it is the proximate cause

Art. 2190 – liability of proprietor if a building or structure collapse

- Total or partial collapse, if it should be due to the lack of necessary repairs.

Art. 2191 - other liabilities of proprietors of buildings or structures.

 1. By the explosion of machine and inflammation of explosive substance without due diligence
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 cause by force majeure;
4. By emanations from tubes, canals, sewers or deposits of infectious matter, constructed without
precautions suitable to the place.
- Injunction is an available remedy here because the damage may be irreparable.

Art. 2192 – rule if the cause is a construction defect

- 3rd person may go for the engineer or architect or contractor within the period therein.
o Collapse of the building within 15years.
o Prescriptive period is 10 years following the collapse
o Applies to collapse or a ruin, nor minor defects

Art. 2193 – responsibility for thrown or fallen things.

- The article can apply to the lessee of a house who converts same into a hotel.
- Note the liability of the head of the family

Art. 2194 – solidary liability of tortfeasor

- Although all those responsible for a quasi-delict are called joint tortfeasor, their liability is
solidary

DAMAGE

Art. 2195 – applicability to all kinds of legal obligations

Art. 2196 – without prejudice to special provisions and laws

- It is to be observed that in case of conflict between the Civil code and the Special laws, it is the
civil Code that prevails insofar as damages are concerned – EXCEPT in the case of compensation
for workmen and other employees.
- Dismissal of action – if an action for damages is sought to be dismissed by plaintiff-appellant or
his heirs when the case is already on appeal, may the dismissal be granted despite the appeal?
o Yes, since the parties involved are no longer interested in prosecuting the appeal.

Art. 2197 – kinds of damages

MANTLE

-moral, actual or compensatory, nominal, temperate or moderate, liquidated, exemplary or corrective

- damages – refers to the harm done and what may be recovered. Measures of recovery

- injury refers to the wrongful or unlawful or tortious act. Legal wrong to be redressed

There may be damages without injury and an injury without damages. Physical hurt or injury without
damages.

- Some rules on waiver

 o Although the right to recover civil liability whether arising from an offense or otherwise
is waivable, still, where the waiver thereof was made in behalf of the minor heirs by a
person who is not their judicial guardian, such waiver is ineffective if it lacks judicial
approval.
o Waiver of the right to recover upon the civil liability of an accused employee arising
from crime, made in favor of his employer, embraces also the civil liability of he accused
himself, since the law makes his employer subsidiarily liable for the civil obligation and
in default of the person criminally liable, responsible for the civil liability.

Art. 2198. Adoption of the principles of the general law on damages. – it is clear that in case of conflicts,
it is the civil code that prevails.

Art. 2199. Actual or compensatory damages defined

- Are those recoverable because of pecuniary loss. They include: a. the value of the loss suffered
b. profits which were not obtained or realized.
- Note: recovery cannot be had for the death of an unborn child. This is not to say that the
parents are not entitled to collect any damages at all. But all such damages must be those
inflicted directly upon them, as distinguished from the injury or violation of the rights of the
deceased, his right to life, and physical integrity. Because parents cannot expect either help,
support, or service from an unborn child, they would normally be limited to moral damages for
the illegal arrest of the normal development of the spos hominis that was the foetus on account
of distress and anguish attendant to its loss, and the disappointment of their parental
expectations. As well as to exemplary damages, if the circumstances should warrant them.
- Necessity of pleading – to be recoverable, actual damages must be pleaded or prayed for.
However, when a prayer mentions only exemplary damages, moral damages, and attorney’s
fees and “such further relief… as this Honorable Court may deem just and equitable,” the phrase
“such further relief” may include “actual damages” if and when they are proved.
- Necessity of proof – actual damages must be proved as a general rule and the amount of
damages must posses at least some degree of certain

Art. 2200. Two kinds of actual damages

1. Losses suffered – damno vitando or dano emergente

2. Unrealized profits. – lucrum cessan is also a basis for indemnification. Hence, if there exists a
basis for a reasonable expectation that profits would have continued had there been no breach
of contract, indemnification for damages based on such expected profits is proper.

Art. 2201. Liability of debtor in contracts and quasi-contracts

In good faith

- It is essential that damages be a. natural and probable consequences of the breach of the
obligation
- If bad faith – enough that the damages may be reasonably attributed

Art. 2202. Damages in crimes and quasi-delicts.

 - It is not necessary that such damages have been foreseen or could have reasonably been
foreseen or could have reasonably been foreseen by the defendant
- In a tort action, the alleged victim must prove: a. causal connection between the tort and the
injury b. the amount and extent of injury.
- Concealment of an existing marriage from a girl whom a man intends to seduce can make a man
liable for damages.

Art. 2203. Victim must minimize the damage

- Prudent men must minimize the damage done to them by others. Thus, one prevented from
entering a particular hacienda must complain to the proper officials in time. One ousted from a
job must try to seek other employment
- The person sued has the burden of proving that the victim could have mitigated the damage.

Art. 2204. Effect of aggravating or mitigating circumstances

Art. 2205. Damages to earning capacity and to business.

- damages may be recovered: a. for loss or impairment pf earning capacity in cases of temporary
or permanent personal injury
- for injury to the plaintiffs business standing or commercial credit.

Art. 2206. Damages for death – reason for awarding damages

- human life has heretofore been very cheap, in law and the practice thereunder. Before the
passage of commonwealth act 284, the practice was to allow 1000 ot the heirs of the deceased
in case of death caused by a crime.
- READ AGAIN >>>>> MAYBE IMPORTANT

Art. 2207. Effect if property was insured.

- Page 1280

Art. 2208. Concept of attorney’s fees as damages

- VERY IMPORTANT PLS READ AND MEMORIZE

Art. 2209. Monetary obligations.

- This applies to a monetary obligation where the debtor is in default.

Rules

- Give the indemnity agreed upon

- If none was specified, give the interest agreed upon.
- If none, give the legal interest (now 12% per annum)

Art. 2210. interest on damages for breach of contract.

Art. 2211 interest on damages because of crimes and quasi-delicts

Art. 2212 interest on interest due

Art. 2213 interest on unliquidated claims or damages

Art. 2214. Contributory negligence of plaintiff in quasi-delicts-READ

Art. 2215 mitigation of damages in contracts, quasi contract and quasi-delicts. READ

Art 2216. When no proof of pecuniary loss is necessary

Art. 2217. Requisites for the recovery of moral damages.

- There must be physical suffering, mental anguish, fright, etc.

- READ MALA IMPORTANT CYA

Art. 2218. Sentimental value

- May be considered both in civil liabilities arising from crimes and in civil cases, where there are
fraudulent or deceitful motives.

Art. 2219. Instances when moral damages may be recovered.

- MEMORIZE VERY IMPORTANT

Art. 2220. Willful injury to property and breaches of contracts

- If the breach of a contract is neither malicious nor fraudulent, no award of moral damages may
be given. MEMORIZE MALA IMPORTANT

Art. 2221. The grant of nominal damages

- READ AGAIN AND REMEMBER JUST IN CASE

Art. 2222. When nominal damages may be awarded

- The assessment of nominal damages is left to the discretion of the court, according to the
circumstances of the case.
- Nominal damages may be awarded although plaintiff in not entitled to actual, moral, or
exemplary damages.

Art. 2223. Effect of granting nominal damages. Read.

Art. 2224. Reason for allowing temperate or moderate damages. READ AND REMEMBER JUST INCASE

Art. 2225. Reasonable temperate damages.

- Depending on the relevant circumstances

Art. 2226. Nature of liquidated damages.

Art. 2227 equitable reduction of liquidated damages.

Art. 2228 rule if breach was not contemplated in the agreement on liquidated damages. READ JUST IN
CASE.

Art. 2229. Reason for imposing exemplary or corrective damages.. MUST READ IMPORTANT
Art. 2230. Exemplary damages in criminal offense. READ

Art. 2231. Exemplary damages in quasi-delicts.

- Here the defendant must have acted with GROSS NEGLIGENCE. And even then, the grant is only
discretionary on the part of the Court.

Art. 2232 Exemplary damages on contracts and quasi contract

Art. 2233 exemplary damages not a matter of right. READ BNGIN MANLA
Art. 2234 Amount of exemplary damages need not be proved. READ.

Art. 2235 The renouncing in advance of exemplary damages. NULL AND VOID