Beruflich Dokumente
Kultur Dokumente
(CODAL PROVISIONS)
A. Concept of Quasi-Delict
(Damages)
(Quasi-Delicts).
CC 1157
(1) Law;
(2) Contracts;
(3) Quasi-contracts;
(4) Acts and omissions punished by law; and
(5) Quasi-delicts.
CC 1162
RPC 101
RPC 102
RPC 103
RPC 104
RPC 105
RPC 106
RPC 107
RPC 108
RPC 109
Share of each person civilly liable. If there are two or more persons
civilly liable for a felony, the courts shall determine the amount for
which each must respond.
RPC 110
RPC 111
RPC 112
CC 1231
RPC 113
CC 29
CC 30
CC 31
CC 33
CC 34
CC 35
CC 36
CC 2177
Responsibility for fault or negligence under Article 2176 Quasi Delict)
is entirely separate and distinct from the civil liability arising form
negligence under the Penal Code.
But the plaintiff cannot recover damages twice for the same act or
omission of the defendant.
CC 1161
Section 1.
Such civil action includes recovery of indemnity under the RPC, and
damages under Articles 32, 33, 34 and 2176 of the Civil Code arising
form the same act or omission of the accused.
In no case may the offended party recover damages twice for the same
act or omission of the accused.
When the offended party seeks to enforce civil liability against the
accused by was of moral, nominal, temperate or exemplary damages, the
filing fees for such civil action as provided in these Rules shall
constitute a first lien on the judgment except in an award for actual
damages.
Section 2
Institution of separate civil action. Except in the
cases provided for in Section 3 hereof, after the criminal action
has been commenced, the civil action which has been reserved cannot
be instituted until final judgment has been rendered in the criminal
action.
Section 3
Section 4
Section 5
Section 6
CC 1157
CC 1159
Obligations arising from contracts have the force of law between the
contracting parties and should be complied with in good faith.
CC 1170 (Damages)
When guilty of fraud, negligence, delay or contravention of the tenor
of obligations, one is liable for damages.
If the law or the contract does not state the required diligence
which is to be observed in the performance, that which is expected of
a good father of a family shall be required.
CC 1314
Any third person who induces another to violate his contract shall
be liable for damages to the other contracting party.
B. General Principles
CC 19
CC 20
CC 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.
CC 22
CC 23
CC 2176 (Damages)
C. Elements of Quasi-Delict
2. Fault or Negligence
CC 1173
If the law or the contract does not state the required diligence
which is to be observed in the performance, that which is expected of
a good father of a family shall be required.
cf CC 1172
RPC 3
Felonies are committed not only by means of deceit (dolo) but also by
means of fault (culpa).
There is deceit when the act is performed with deliberate intent and
there is fault when the wrongful act results from imprudence,
negligence, lack of foresight, or lack of skill.
RPC 365
CC 2177
CC 2178
cf CC 2202
b. Contributory negligence
CC 2179
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
CC 2203
CC 2214
In quasi-delicts the contributory negligence of the plaintiff
shall reduce the damages that he may recover.
CC 1762
cf CC 2194
CC 1755
CC 1756
CC 2184
If the owner was not in the motor vehicle, the provisions of Article
2180 are applicable.
CC 2185
CC 2186
Every owner of a motor vehicle shall file with the proper government
office a bond executed by a Government-owned and 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.
CC 2180
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.
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.
RPC 11 (4)
(4) Any person who, in order to avoid an evil or injury, does an act
which causes damage to another, provided that the following requisites
are present:
Second. That the injury feared be greater than that done to avoid it;
RPC 12 (4)
d. Presumption of negligence
CC 2184,
If the owner was not in the motor vehicle, the provisions of Article
2180 are applicable.
CC 2185
CC 2188
CC 1755
CC 1756
CC 2190
CC 2193
CC 1723
The action must be brought within ten years following the collapse of
the building.
f. Assumption of risk
CC 1174
CC 2215 (4)
(5) Prescription
CC 1146
CC 2177
Responsibility for fault or negligence under Article 2176 (Quasi Delict)
is entirely separate and distinct form the civil liability arising
form negligence under the Penal Code. But the plaintiff cannot recover
damages twice for the same act or omission of the defendant.
CC 2179
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.
1. The tortfeasor
CC 2176
CC 2179
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.
CC 2181
Whoever pays for the damage caused by his dependents or employees may
recover from the latter what he has paid or delivered in satisfaction
of the claim.
cf CC 1723
The action must be brought within ten years following the collapse of
the building.
RPC 205
RPC 208
Acts punished:
1) That the offender is a public officer or officer of the law who has
a duty to cause the prosecution of, or to prosecute, offenses
3) That the offender acts with malice and deliberate intent to favor the
violator of the law
RPC 209
RPC 224
2. Vicarious liability
CC 2180
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.
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.
a. Parents
FC 218
FC 219
Those given the authority and responsibility under the Article 218
shall be principally and solidarily liable for damages caused by the
acts or omissions of the minor. The parents, guardians or other
persons exercising substitute parental authority over said minor
shall be subsidiarily liable.
All other cases not covered by this and the preceding articles shall
be governed by the provisions of the Civil Code on quasi-delicts.
FC 221
RA 6809
The majority age was lowered to 18 years. However, for the purpose
of contracting marriage, and for determining the liability of parents
and guardians for the torts of their minor children or wards under
the second and third paragraphs of Art. 2180 of the Civil Code,
majority commences at the age of 21.
CC 2181
CC 2182
Torts -- Parents and guardians are responsible for the damage caused
by the child under their parental authority in accordance with the
Civil Code.
CYWC 156
Legal Custody -- When any child shall have been committed in accordance
with Article 155 and such child shall have been accepted by the
Department of Social Welfare or any duly licensed child placement
agency or individual, the rights of his natural parents, guardian, or
other custodian to exercise parental authority over him shall cease.
Such agency or individual shall be entitled to the custody and control
of such child during his minority, and shall have authority to care
for, educate, train and place him out temporarily or for the custody
and care in a duly licensed child placement agency. Such agency or
individual may intervene in adoption proceedings in such manner as
shall best inure to the child's welfare.
FC 217
FC 204
The person obliged to give support shall have the option to fulfill
the obligation either by paying the allowance fixed, or by receiving
and maintaining in the family dwelling the person who has a right to
receive support. The latter alternative cannot be availed of in case
there is a moral or legal obstacle thereto.
b. Guardians
FC 216
(2) The oldest brother or sister, over twenty-one years of age, unless
unfit or disqualified.
(3) The child's actual custodian, over twenty-one years of age, unless
unfit or disqualified.
CC 2181
Whoever pays for the damage caused by his dependents or employees may
recover from the latter what he has paid or delivered in satisfaction
of the claim.
FC 218
FC 219
Those given the authority and responsibility under the Article 218
shall be principally and solidarily liable for damages caused by the
acts or omissions of the minor. The parents, guardians or other
persons exercising substitute parental authority over said minor
shall be subsidiarily liable.
All other cases not covered by this and the preceding articles shall
be governed by the provisions of the Civil Code on quasi-delicts.
RA 6809
The majority age was lowered to 18 years. However, for the purpose
of contracting marriage, and for determining the liability of parents
and guardians for the torts of their minor children or wards under
the second and third paragraphs of Art. 2180 of the Civil Code,
majority commences at the age of 21.
FC 218
FC 219
Those given the authority and responsibility under the Article 218
shall be principally and solidarily liable for damages caused by the
acts or omissions of the minor. The parents, guardians or other
persons exercising substitute parental authority over said minor
shall be subsidiarily liable.
All other cases not covered by this and the preceding articles shall
be governed by the provisions of the Civil Code on quasi-delicts.
e. Employers
CC 2180
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.
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.
CC 2181
Whoever pays for the damage caused by his dependents or employees may
recover from the latter what he has paid or delivered in satisfaction
of the claim.
f. The State
CC 44 (1)
CC 45 (1)
CC 46
Juridical persons may acquire and possess property of all kinds, as well
as incur obligations and bring civil or criminal actions, in
conformity with the laws and regulations of their organization.
CC 2183
CC 2184
If the owner was not in the motor vehicle, the provisions of Article
2180 are applicable.
CC 2185
CC 2186
Every owner of a motor vehicle shall file with the proper government
office a bond executed by a Government owned or 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.
IC (CMVLI)
c. Manufacturers
CC 2187
CC 1547
(1) An implied warranty on the part of the seller that he has a right
to sell the thing at the time when the ownership is to pass, and that
the buyer shall from that time have and enjoy the legal and peaceful
possession of the thing;
(2) An implied warranty that the thing shall be free from any hidden
faults or defects, or any charge or encumbrance not declared or known
to the buyer.
RA 7394: 167
RA 7394: 97
a) presentation of product;
b) use and hazards reasonably expected of it;
c) the time it was put into circulation.
RA 7394: 98
RA 7394: 99
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:
RA 7394: 100
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.
RA 7394: 101
RA 7394: 102
RA 7394: 103
RA 7394: 104
RA 7394: 105
RA 7394: 106
RA 7394: 107
d. Local governments
CC 2189
LGC 15
LGC 22 (a)
CC 2190
CC 2191
(1) By the explosion of machinery which has not been taken cared
of with due diligence, and the inflammation of explosive substances
which have not been kept in a safe and adequate place;
CC 2192
CC 2193
CC 2194
The responsibility of two or more persons who are liable for a quasi-
delict is solidary.
CC 2177
CC 31
CC 32
(7) The right to a just compensation when private property is taken for
public use;
(9) The right to be secure in one's person, house, papers, and effects
against unreasonable searches and seizures;
CC 33
CC 34
Rule 111
2. Effect of acquittal
CC 29
3. Prejudicial question
CC 36
Rule 111
CC 19
CC 20
CC 21
B. Unjust enrichment
CC 22
CC 23
CC 24
CC 1332
CC 25
CC 26
F. Dereliction of Duty
CC 27
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.
G. Unfair Competition
CC 28
CC 32
(7) The right to a just compensation when private property is taken for
public use;
CC 33
Nonfeasances of police
CC 34
CC 35
When a person, claiming to be injured by a criminal offense,
charges another with the same, for which no independent civil action is
granted in the Civil Code or any special law, but the justice of the
peace finds no reasonable grounds to believe that a crime has been
committed, or the prosecuting attorney refuses or fails to institute
criminal proceedings, the complainant may bring a civil action for
damages against the alleged offender. Such civil action may be
supported by a preponderance of evidence. Upon the defendants' motion,
the court may require the plaintiff to file a bond to indemnify the
defendant in case the complaint shall be found to be malicious.
A. Definition
CC 694
(4) Obstructs or interferes with the free passage of any public highway
or streets, or any body of water; or
B. Kinds
1. Public or private
CC 695
C. Abatement
CC 696
The abatement of a nuisance does not preclude the right of any person
injured to recover damages for its past existence.
CC 698
CC 699
CC 700
The district health officer shall take care that one or all of the
remedies against a public nuisance are availed of.
CC 701
CC 702
CC 703
CC 704
(1) That demand be first made upon the owner or possessor of the
property to abate the nuisance;
(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
pesos.
CC 705
CC 706
CC 707
CC 682
CC 683
DAMAGES
A. General provisions
1. Concept/rules
CC 2195
CC 2197
CC 2198
2. In labor cases
LC 217 (4)
CC 1701
The relation between capital and labor are not merely contractual.
They are so impressed with public interest that labor contracts must
yield to the common good. Therefore, such contracts are subject to the
special laws on labor unions, collective bargaining, strikes and
lockouts, closed shop, wages, working conditions, hours of labor and
similar subjects.
1. Requisites
CC 2219
CC 309
CC 21
CC 26
CC 27
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.
CC 28
CC 29
CC 30
CC 32
CC 34
a. pecuniary
b. alleged with certainty
c. proximate
d. not speculative
2. Elements
CC 2200
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.
CC 2205
CC 2200
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.
CC 2208
In the absence of stipulation, attorney's fees and expenses of
litigation, other than judicial costs, cannot be recovered except:
c. interest
CC 2209
CC 2210
CC 2211
CC 2212
Interest due shall earn legal interest from the time it is judicially
demanded, although the obligation may be silent upon this point.
CC 2213
Interest cannot be recovered upon unliquidated claims or damages,
except when the demand can be established with reasonable certainty.
CC 2201
CC 2215
(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.
C. Moral Damages
CC 2217
CC 2218
CC 2219
The spouse, descendants, ascendants, and brother and sister may bring
the action mentioned in No. 9 of this article, in the order named.
CC 309
CC 21
CC 26
CC 28
CC 29
CC 30
CC 32
CC 34
CC 35
CC 2220
see cases
F. Liquidated Damages
CC 2226
CC 2227
CC 2228
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.
cf 1226
1227
The debtor cannot exempt himself from the performance of the obligation
by paying the penalty unless such right has been expressly reserved or
him.
The creditor cannot demand both the fulfillment of the obligation and
the payment of the penalty at the same time unless this right is
clearly granted to him. However, if after the creditor has decided to
require the fulfillment of the obligation, the performance thereof
should become impossible without his fault, the penalty may be
enforced.
1228
The judge shall equitably reduce the penalty when the principal
obligation has been partly or irregularly complied with by the debtor.
Even if there has been no performance, the penalty may also be reduced
by the courts if it is iniquitous or unconscionable.
1230
The nullity of the penal clause does not carry the nullity of the
principal obligation.
H. Graduation of damages
CC 2203
3. Non co-existence
Chapter I
General Provisions
CC 2195
CC 2196
CC 2197
CC 2198
Chapter 2
CC 2199
CC 2200
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.
CC 2201
CC 2202
CC 2203
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.
CC 2204
CC 2205
CC 2206
(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.
CC 2207
CC 2208
CC 2209
CC 2210
CC 2211
CC 2212
Interest due shall earn legal interest from the time it is judicially
demanded, although the obligation may be silent upon this point.
CC 2213
CC 2214
CC 2215
In 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.
Chapter 3
CC 2216
CC 2217
CC 2218
CC 2219
The spouse, descendants, ascendants, and brother and sister may bring
the action mentioned in No. 9 of this article, in the order named.
CC 309
CC 21
CC 26
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:
CC 27
CC 28
CC 30
CC 32
CC 34
CC 35
CC 2220
CC 2221
CC 2222
The court may award nominal damages in every obligation arising from any
source enumerated in Articles 1157, or in every case where any property
right has been invaded.
CC 2223
CC 2224
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 cannot, from the nature
of the case, be proved with certainty.
CC 2225
CC 2226
CC 2227
CC 2228
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.
CC 2229
CC 2231
CC 2232
CC 2233
CC 2234
When 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.
CC 2235
(Psalm 136:1)