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TORTS

(CODAL PROVISIONS)

A. Concept of Quasi-Delict

4. In the New Civil Code

(Damages)

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
provision of
Chapter II

(Quasi-Delicts).

CC 1157

Obligations arise from:

(1) Law;
(2) Contracts;
(3) Quasi-contracts;
(4) Acts and omissions punished by law; and
(5) Quasi-delicts.

CC 1162

Obligations derived from quasi-delicts shall be governed by the


provisions of Chapter 2, Title XVII of this Book, and by special laws.

5. Distinguished from delict/civil liability arising from delict

Civil liability of a person guilty of felony. Every person criminally


liable for a felony is also civilly liable.

RPC 101

Rules regarding civil liability in certain cases. The exemption from


criminal liability established in subdivisions 1,2,3,5 and 6 of Article
12 and in subdivision 4 of Article 11 of the RPC does not include
exemption from civil liability, which shall be enforced subject to the
following rules:

First. In cases of subdivisions 1, 2, and 3 of Article 12, the civil


liability for acts committed by an imbecile or insane person, and by a
person under nine years of age, or by one over nine but under fifteen
years of age, who has acted without discernment, shall devolve upon
those having such 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 civil law.

Second. In cases falling within subdivision 4 of Article 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 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 damages have been caused with the consent of the
authorities or their agents, indemnification shall be made in the
manner prescribed by special laws or regulations.

Third. In cases falling within subdivisions 5 and 6 of Article 12,


the persons using violence or causing the fears 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.

RPC 102

Subsidiary civil liability of innkeepers, tavern-keepers and


proprietors of establishments. In default of the persons criminally
liable, innkeepers, tavern-keepers, and any other persons or
corporations shall be civilly liable for crimes committed in their
establishments, in all cases where a violation of municipal ordinances
or some general or special police regulations shall have been
committed by them or their employees.

Innkeepers are also subsidiarily liable for the restitution of goods


taken by robbery or theft within their houses from guests lodging
therein, or for the payment of the value thereof, provided that such
guests shall have notified in advance the innkeeper himself, or the
person representing him, of the deposits of such goods within the inn;
and shall furthermore have followed the directions which such innkeeper
or his representative may have given them with respect to the care
and vigilance over such goods. No liability shall attach in case of
robbery with violence against or intimidation of persons unless
committed by the innkeeper's employees.

RPC 103

Subsidiary civil liability of other persons. The subsidiary liability


established in the next preceding article shall also apply to
employers, teachers, persons, and corporations engaged in any king of
industry for felonies committed by their servants, pupils, workmen,
apprentices, or employees in the discharge of their duties.

RPC 104

What is included in civil liability. The civil liability established in


Articles 100, 101, 102 and 103 of the RPC includes:
1. Restitution;
2. Reparation of the damaged caused;
3. Indemnification for consequential damages.

RPC 105

Restitution - How made. The restitution of the thing itself must be


made whenever possible, with allowance for any deterioration, or
diminution of value as determined by the court.

The thing itself shall be restored, even though it be found in the


possession of a third person who has acquired by the third person in
the manner and under the requirements which, by law, bar an action for
its recovery.

RPC 106

Reparation - How made. The court shall determine the amount of


damage, taking into consideration the price of the thing, whenever
possible, and its special sentimental value to the injured party, and
the reparation shall be made accordingly.

RPC 107

Indemnification - What is included. Indemnification for consequential


damages shall include not only those caused the injured party, but also
those suffered by his family or by a third person by reason of the
crime.

RPC 108

Obligation to make restoration, reparation for damages,


or indemnification for consequential damages and action to demand the
same - upon whom it devolves. The obligation to make restoration,
reparation for damages, or indemnification for consequential damages
devolves upon the heirs of the person liable.

The action to demand restoration, reparation, and


indemnification likewise descends to the heirs of the person injured.

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

Several and subsidiary liability of principals, accomplices and


accessories of a felony - Preference in payment. Notwithstanding the
provisions of the next preceding article, the principals, accomplices
and accessories, each within their respective class, shall be liable
severally (in solidum) among themselves for their quotas, and
subsidiarily for those of the other persons liable.

The subsidiary liability shall be enforced, first against the property


of the principals; next, against that of the
accomplices, and, lastly against that of the accessories.

Whenever the liability in solidum or the subsidiary liability has


been enforced, the person by whom payment has been made shall have a
right of action against the others for the amount of their respective
shares.

RPC 111

Obligation to make restitution in certain cases. Any


person who has participated gratuitously in the proceeds of a felony
shall be bound to make restitution in an amount equivalent to the extent
of such participation.

RPC 112

Extinction of civil liability. Civil liability established in Articles


100, 101, 102, and 103 of the RPC shall be extinguished in the same
manner as obligations, in accordance with the provisions of the Civil
Law.

CC 1231

Obligations are extinguished:


1. By payment of performance
2. By the loss of the thing due
3. By the condonation or remission of the debt
4. By the confusion or merger of the rights of creditor and debtor
5. By compensation
6. By novation

Other causes of extinguishment of obligations, such as annulment,


rescission, fulfillment of a resolutory condition, and prescription, are
governed elsewhere in the Civil Code.

RPC 113

Obligation to satisfy civil liability. Except in case of extinction


of his civil liability as provided in the next preceding article, the
offender shall continue to be obliged to satisfy the civil liability
resulting from the crime committed by him, notwithstanding the fact
that he has served his sentence consisting of deprivation of liberty or
other rights, or has not been required to serve the same by reason of
amnesty, pardon, commutation of sentence or any other reasons.

CC 29

When the accused in a criminal prosecution is acquitted on the ground


that his guilt has not been proved beyond reasonable doubt, a civil
action for damages for the same act or omission may be instituted.
Such action requires only a preponderance of evidence. Upon motion of
the defendant, the court may require the plaintiff to file a bond to
answer for damages in case the complaint should be found to be
malicious.

If in a criminal case the judgment of acquittal is based upon


reasonable doubt, the court shall so declare. In the absence of any
declaration to that effect, it may be inferred from the test of the
decision whether or not the acquittal is due to that ground.

CC 30

When a separate civil action is brought to demand civil liability


arising from a criminal offense, and no criminal proceedings are
instituted during the pendency of the civil case, a preponderance of
evidence shall likewise be sufficient to prove the act complained of.

CC 31

When the civil action is based on an obligation not arising form


the act or omission complained of as a felony, such civil action may
proceed independently of the criminal proceedings regardless of the
result of the latter.

CC 33

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, shall require only a
preponderance of evidence.

CC 34

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.

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.

If during the pendency of the civil action, an information should be


presented by the prosecuting attorney, the civil action shall be
suspended until the termination of the criminal proceedings.

CC 36

Prejudicial questions, which must be decided before any criminal


prosecution may be instituted or may proceed, shall be governed by
rules of court which the Supreme Court shall promulgate and which shall
not be in conflict with the provisions of the Civil Code.

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

Civil obligations arising from criminal offenses shall be governed by


the penal laws, subject to the provisions of Article 2177, and of
the pertinent provisions of Chapter 2, Preliminary Title, on Human
Relations, and of Title XVII (Extra-Contractual Obligations) of Book
IV (Obligations and Contracts), regulating damages.

Rule 111 (Prosecution of Civil Action)

Section 1.

Institution of criminal and civil actions. When a criminal action is


instituted, the civil action for the recovery of civil liability is
impliedly instituted with the criminal action, unless the offended party
waives the civil action, reserves his right to institute it separately,
or institutes the civil action prior to the criminal action.

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.

A waiver of any of the civil actions extinguishes the others. The


institution of or the reservation of the right to file any of said civil
actions separately waives the others.

The reservation of the right to institute the separate civil action


shall be made before the prosecution starts to present its evidence
and under circumstances affording the offended party a reasonable
opportunity to make such reservation.

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.

In cases wherein the amount of damages, other than actual, is alleged


in the complaint or information, the corresponding filing fees shall be
paid by the offended party upon the filing thereof in court for trial.

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.

(a) Whenever the offended party shall have instituted the


civil action as provided for in the first paragraph of Section 1 hereof
before the filing of the criminal action and the criminal action is
subsequently commenced, the pending civil action shall be suspended,
in whatever stage before final judgment it may be found, until final
judgment in the criminal action has been rendered. However, if no final
judgment has been rendered by the trial court in the civil action, the
same may be consolidated with the criminal action upon application with
the court trying the criminal action. If the application is granted,
the evidence presented and admitted in the civil action shall be deemed
automatically reproduced in the criminal action, without prejudice to
the admission of additional evidence that any party may wish to
present. In case of consolidation, both the criminal and the civil
actions shall be tried and decided jointly.

(b) Extinction of the penal action does not carry with it


extinction of the civil, unless the extinction proceeds from a
declaration in a final judgment that the fact from which the civil
might arise did not exist.

Section 3

When civil action may proceed independently. -- In the


cases provided for in Articles 32, 33, 34, and 2176 of the Civil
Code, the independent civil action which has been reserved may be
brought by the offended party, shall proceed independently of the
criminal action, and shall require only a preponderance of evidence.

Section 4

Judgment in civil action not a bar. -- A final judgment


rendered in a civil action absolving the defendant from civil liability
is no bar to a criminal action.

Section 5

Elements of prejudicial question. -- The two (2) essential


elements of a prejudicial questions are: (a) the civil action involves
an issue similar or intimately related to the issue raised in the
criminal action; and (b) the resolution of such issue determines
whether or not the criminal action may proceed.

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 fiscal 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.
6. Distinguished from contract/breach of contract

CC 1157

Obligations arise from:


(1) Law;
(2) Contracts;
(3) Quasi-contracts;
(4) Acts and omissions punished by law; and
(5) Quasi-delicts.

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.

CC 1172 (Responsibility for negligence)

Responsibility arising from negligence in all obligations is demandable


but liability may be regulated by the courts according to the
circumstances.

CC 1173 (Fault/negligence and diligence)

The fault or negligence of an obligor consists in the omission of


the diligence required by the obligation and the circumstances of the
persons, time and place. When negligence shows bad faith the
provisions of Articles 1171 and 2201, paragraph 2 shall apply.

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

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.

CC 20

Every person who, contrary to law, willfully or negligently causes


damage to another, shall indemnify the latter for the same.

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

Every person who through an act of performance by another, or any other


means, acquires or comes into possession of something at the expense
of the latter without just or legal ground, shall return the same to
him.

CC 23

Even when an act or event causing damage to another's property was


not due to the fault or negligence of the defendant, the latter shall
be liable for indemnity if through the act or event he was benefited.

CC 2176 (Damages)

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
provision of Chapter II (Quasi-Delicts).

C. Elements of Quasi-Delict

2. Fault or Negligence

a. Concept of fault / negligence

CC 1173

The fault or negligence of an obligor consists in the omission of


the diligence required by the obligation and the circumstances of the
persons, time and place. When negligence shows bad faith the
provisions of Articles 1171 and 2201, paragraph 2 shall apply.

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

Responsibility arising from negligence in all obligations is demandable


but liability may be regulated by the courts according to the
circumstances.

RPC 3

Definition. -- Acts and omissions punishable by law are felonies


(delitos)

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

Imprudence and negligence

Reckless imprudence consists in voluntarily, but without malice, doing


of failing to do an act from which material damage results by reason
of inexcusable lack of precaution on the part of the person performing
of failing to perform such act, taking into consideration his
employment or occupation, degree of intelligence, physical condition
and other circumstances regarding persons, time and place.

Simple imprudence consists in the lack of precaution displayed in


those cases in which the damage impending to be caused is not immediate
nor the danger clearly manifest.

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 2178

The provisions of Articles 1172 to 1174 are also applicable to a quasi-


delict.

cf CC 2202

In crimes and quasi-delicts, the defendants shall be liable for


all damages which are 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.

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

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 2214
In quasi-delicts the contributory negligence of the plaintiff
shall reduce the damages that he may recover.

CC 1762

The contributory negligence of the passenger does not bar recovery of


damages for his death or injuries, if the proximate cause thereof is
the negligence of the common carrier, but the amount of damages shall be
equitably reduced.

cf CC 2194

The responsibility of two or more persons who are liable


for a quasi-delict is solidary.

c. Last clear chance

CC 1755

A common carrier is bound to carry the passengers safely as far as


human care and foresight can provide, using the utmost diligence of
very cautious persons, with a due regard for all the circumstances.

CC 1756

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
1733 and 1755.

CC 2184

In motor vehicle mishap, the owner is solidarily liable with his


driver, if the former, who was in the vehicle, could have by the use of
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.

CC 2185

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.

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 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.

Guardians are liable for damages caused by the minors or incapacitated


persons who are under their authority and live in their company.

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.

LTTC, Chap III, art 2, 3 and 5, Chap IV

RPC 11 (4)

Justifying circumstances. -- The following do not incur any criminal


liability:

(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:

First. That the evil sought to be avoided actually exists;

Second. That the injury feared be greater than that done to avoid it;

Third. That there be no other practical and less harmful means of


preventing it.

RPC 12 (4)

Circumstances which exempt from criminal liability._-- The following are


exempt from criminal liability:
4. Any person who, while performing a lawful act with due care, causes
an injury be mere accident without fault or intention of causing it.

d. Presumption of negligence

CC 2184,

In motor vehicle mishap , the owner is solidarily liable with his


driver, if the former, who was in the vehicle, could have by the use of
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.

CC 2185

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.

CC 2188

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.

CC 1755

A common carrier is bound to carry the passengers safely


as far as human care and foresight can provide, using the utmost
diligence of very cautious persons, with a due regard for all the
circumstances.

CC 1756

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
1733 and 1755.

CC 2190

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.

CC 2193

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.

CC 1723

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 causes 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.

f. Assumption of risk

CC 1174

No person shall be liable for unforeseen events or those


foreseen but inevitable unless stipulated in the law or the contract
or the obligation requires the assumption of risk.

(2) Fortuitous event

CC 2215 (4)

In contracts, quasi contracts, and quasi-delicts, the court may


equitably mitigate the damages under circumstances other than the case
referred to in 2214 (contributory negligence), as in the following
instances:

(4) That the loss would have resulted in any event.

(5) Prescription

CC 1146

The following actions must be instituted within four years:

(1) Upon an injury to the rights of the plaintiff;

(2) Upon a quasi-delict.

(6) Double recovery

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.

3. Cause of the harm

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.

D. Persons liable for quasi-delict

1. The tortfeasor

CC 2176

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 provision
of Chapter II (Quasi-Delicts).

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 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 causes 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.

RPC 205

JUDGMENT RENDERED THROUGH NEGLIGENCE__

1) That the offender is a judge

2) That he renders a judgment in a case submitted to him for decision

3) That the judgment is manifestly unjust

4) That it is due to his inexcusable negligence or ignorance

RPC 208

PROSECUTION OF OFFENSES; NEGLIGENCE AND TOLERANCE

Acts punished:

1) By maliciously refraining from instituting prosecution against


violators of the law

2) By maliciously tolerating the commission of offenses

Elements of dereliction of duty in the prosecution of offenses:

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

2) That there is a dereliction of the duties of his office; that is,


knowing the commission of the crime, he does not cause the prosecution
of the criminal or knowing that a crime is about to be committed, he
tolerates its commission

3) That the offender acts with malice and deliberate intent to favor the
violator of the law

RPC 209

BETRAYAL OF TRUST BY AN ATTORNEY OR SOLICITOR REVELATION OF SECRETS

Acts punished as betrayal of trust by attorney

1) By causing damage to his client either by

a. any malicious breach of professional duty

b. by inexcusable negligence or ignorance


2) By revealing any of the secrets of his client learned by him in
his professional capacity

3) By undertaking the defense of the opposing party in the same case,


without the consent of his first client, after having undertaken the
defense of said first client or after having received confidential
information from said client

RPC 224

EVASION THROUGH NEGLIGENCE

That the offender is a public officer

2) That he is charged with the conveyance or custody of a


prisoner, either detention prisoner or prisoner by final judgment

3) That such prisoner escapes through his negligence

2. Vicarious liability

CC 2180

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.

Guardians are liable for damages caused by the minors or incapacitated


persons who are under their authority and live in their company.

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.

a. Parents

FC 218

The school, its administration and teachers or the individual, entity


or institution engaged in child care shall have special parental
authority and responsibility over the minor child while under their
supervision, instruction or custody.

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.

The respective liabilities of those referred to in the preceding


paragraph 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.

FC 221

Parents and other persons exercising parental authority shall be


civilly liable for the injuries and damages caused 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.

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

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.

CC 2182

If the minor or insane person causing damage has no parents or


guardians, 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.
CYWC 58

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

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.

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

In default of parents or a judicially appointed guardian, the following


persons shall exercise substitute parental authority over the child
in the order indicated:

(1) The surviving grandparent, as provided in Article 214

(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.

Whenever the appointment of a judicial guardian over the property of


the child becomes necessary, the same order of preference shall be
observed.
FC 217

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.

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.

c. Schools / school administrators / teachers

FC 218

The school, its administration and teachers or the individual, entity


or institution engaged in child care shall have special parental
authority and responsibility over the minor child while under their
supervision, instruction or custody.

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.

The respective liabilities of those referred to in the preceding


paragraph 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.

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.

d. Child care institution

FC 218

The school, its administration and teachers or the individual, entity


or institution engaged in child care shall have special parental
authority and responsibility over the minor child while under their
supervision, instruction or custody.

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.

The respective liabilities of those referred to in the preceding


paragraph 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.

e. Employers

CC 2180

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.

Guardians are liable for damages caused by the minors or incapacitated


persons who are under their authority and live in their company.

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.

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)

The following are juridical persons:

(1) The State and its political subdivisions;

CC 45 (1)

Juridical persons mentioned in Nos. 1 and 2 of Article 44 are governed


by the laws creating or recognizing them.

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.

3. Particular persons made liable by law

a. Possessor or user of animals

CC 2183

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.

b. Owners / drivers of motor vehicles

CC 2184

In motor vehicle mishap , the owner is solidarily liable with his


driver, if the former, who was in the vehicle, could have by the use of
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.

CC 2185

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.

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

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.

CC 1547

In a contract of sale, unless a contrary intention appears, there is:

(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.

This article shall not, however, be held to render liable a sheriff,


auctioneer, mortgagee, pledgee, or other person professing to sell by
virtue of authority in fact or law, for the sale of a thing in which
a third person has a legal or equitable interest.

RA 7394 (The Consumers Act of the Philippines of 1992)

RA 7394: 167

Prescription.-- All actions or claims accruing under the provisions of


this Act and the rules and regulations issued pursuant thereto shall
prescribe within two (2) years from the time the consumer transaction
was consummated or the deceptive or unfair and unconscionable act or
practice was committed and in case of hidden defects, from discovery
thereof.

Chapter V - LIABILITY OF PRODUCTS AND SERVICES

RA 7394: 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;
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.

RA 7394: 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.

RA 7394: 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 liable when it is proven:

a) that there is no defect in the service rendered;


b) that the consumer or third party is solely at fault.

RA 7394: 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 subparagraph (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.

RA 7394: 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;
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.

RA 7394: 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.

RA 7394: 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 replacement parts, or those that
maintain the manufacturer's technical specifications unless, otherwise
authorized, as regards to the latter by the customer.

RA 7394: 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.

RA 7394: 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.

RA 7394: 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 Article, 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.

RA 7394: 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) and by imprisonment of not more than one (1)
year or both upon the discretion of the court.

In case of judicial 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.

d. Local governments

CC 2189

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.

LGC 15

Political and Corporate Nature of Local Government Units. --


Every local government unit created or recognized under the Local
Government Code is a body politic and corporate unit endowed with
powers to be exercised by it in conformity with law. As such, it
shall exercise powers as a political subdivision of the National
Government and as a corporate entity representing the inhabitants of
its territory.

LGC 22 (a)

Corporate Powers. -- (a) Every local government unit, as a corporation,


shall have the following powers:

(1) To have continuous succession in its corporate name;

(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; and

(6) To exercise such other powers as are granted to corporations,


subject to the limitations provided in the Local Government Code and
other laws.

e. Proprietor of building or structure

CC 2190

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.

CC 2191

Proprietors shall also be responsible for damages caused:

(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;

(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.

CC 2192

If damages referred to in Articles 2190 and 2191 should be the result


of any defect in the construction mentioned in Article 1723, the third
person suffering damages may proceed only against the engineer or
architect or contractor in accordance with said article, within the
period therein fixed.

f. Head of the family

CC 2193

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.

E. Joint and Solidary Liability

CC 2194

The responsibility of two or more persons who are liable for a quasi-
delict is solidary.

F. Double recovery and civil liability arising from crime


1. Distinguished from independent civil actions

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 31

When the civil action is based on an obligation not arising form


the act or omission complained of as a felony, such civil action may
proceed independently of the criminal proceedings regardless of the
result of the latter.

CC 32

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 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;

(19)Freedom to 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.

CC 33

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, shall require only a
preponderance of evidence.

CC 34

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.

Rule 111

2. Effect of acquittal

CC 29

When the accused in a criminal prosecution is acquitted on the ground


that his guilt has not been proved beyond reasonable doubt, a civil
action for damages for the same act or omission may be instituted.
Such action requires only a preponderance of evidence. Upon motion of
the defendant, the court may require the plaintiff to file a bond to
answer for damages in case the complaint should be found to be
malicious.

If in a criminal case the judgment of acquittal is based upon


reasonable doubt, the court shall so declare. In the absence of any
declaration to that effect, it may be inferred from the test of the
decision whether or not the acquittal is due to that ground.

3. Prejudicial question

CC 36

Prejudicial questions, which must be decided before any criminal


prosecution may be instituted or may proceed, shall be governed by
rules of court which the Supreme Court shall promulgate and which
shall not be in conflict with the provisions of the Civil Code.

Rule 111

PART TWO: HUMAN RELATIONS

A. Basic principles; abuse of right

CC 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.

CC 20

Every person who, contrary to law, willfully or negligently causes


damage to another, shall indemnify the latter for the same.

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.

B. Unjust enrichment

CC 22

Every person who through an act of performance by another, or any


other means, acquires or comes into possession of something at the
expense of the latter without just or legal ground, shall return the
same to him.

CC 23

Even when an act or event causing damage to another's property was


not due to the fault or negligence of the defendant, the latter shall
be liable for indemnity if through the act or event he was benefited.
CC 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.

C. Protection of the disadvantaged

CC 24

In all contractual, property or other relations, when one of the


parties is at a disadvantage on account of his moral dependence,
ignorance, indigence, mental weakness, tender age or other handicap,
the courts must be vigilant for his protection.

CC 1332

When one of the parties is unable to read, or if the contract is


in a language not understood by him, and mistake or fraud is alleged,
the person enforcing the contract must show that the terms thereof
have been fully explained to the former.

D. Ostentatious display of wealth

CC 25

Thoughtless extravagance in expenses for pleasure or display during


a period of acute public want or emergency may be stopped by order
of the courts at the instance of any government or private charitable
institution.

E. Respect for dignity, personality, privacy and peace of mind of


another

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:

(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.

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

Unfair competition in agricultural, commercial or industrial


enterprises or in labor through the use of force, intimidation, deceit,
machination or any other unjust, oppressive or highhanded method shall
give rise to a right of action by the person who thereby suffers
damage.

H. Separate civil actions

Violation of civil rights

CC 32

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 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;

(19) Freedom to 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.

Defamation, fraud and physical injuries

CC 33

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, shall require only a
preponderance of evidence.

Nonfeasances of police

CC 34

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.

When no independent civil action is provided

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.

If during the pendency of the civil action, an information should be


presented by the prosecuting attorney, the civil action shall be
suspended until the termination of the criminal proceedings.

PART THREE: NUISANCE

A. Definition

CC 694

A nuisance is any act, omission, establishment, condition of property,


or anything else which:

(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 streets, or any body of water; or

(5) Hinders or impairs the use of property.

B. Kinds

1. Public or private

CC 695

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.

C. Abatement

CC 696

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.
CC 697

The abatement of a nuisance does not preclude the right of any person
injured to recover damages for its past existence.

CC 698

Lapse of time cannot legalize any nuisance, whether public or


private.

CC 699

The remedies against a public nuisance are:

(1) A prosecution under the Penal Code or any local ordinance; or

(2) A civil action; or

(3) Abatement, without judicial proceedings.

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

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.

CC 702

The district health officer shall determine whether or not abatement,


without judicial proceedings, is the best remedy against a public
nuisance.

CC 703

A private person may file an action on account of public nuisance, if


it is specially injurious to himself.

CC 704

A 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
pesos.

CC 705

The remedies against a private nuisance are:

(1) A civil action; or

(2) Abatement, without judicial proceedings.

CC 706

Any person injured by a private nuisance may bate 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.

CC 707

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.

D. Easement against nuisance

CC 682

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.

CC 683

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.

DAMAGES

A. General provisions

1. Concept/rules

CC 2195

The provisions of this Title shall be respectively applicable to all


obligations mentioned in article 1157.
CC 2196

The rules under this Title are without prejudice to special


provisions on damages formulated elsewhere in the Civil Code.
Compensation for workmen and other employees in case of death, injury
or illness is regulated by special laws. Rules governing damages laid
down in other laws shall be observed insofar as they are not in
conflict with the Civil Code.

CC 2197

Damages may be:


(1) Actual or compensatory;
(2) Moral;
(3) Nominal;
(4) Temperate or moderate
(5) Liquidated; or
(6) Exemplary or corrective.

CC 2198

The principles of the general law on damages are hereby adopted


insofar as they are not inconsistent with the Civil Code.

2. In labor cases

LC 217 (4)

Jurisdiction of Labor Arbiters and the Commission_.-- Except as


otherwise provided under the Labor Code, the Labor Arbiters shall have
original and exclusive jurisdiction to hear and decide, within thirty
(30) calendar days after the submission of the case by the parties
for decision without extension, even in the absence of stenographic
notes, the following cases involving all workers, whether agricultural
or non-agricultural:

4. Claims for actual, moral, exemplary and other forms of damages


arising from the employer-employee relations.

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.

B. Actual or compensatory damages

1. Requisites
CC 2219

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;
(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 enumerated 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 brother and sister may


bring the action mentioned in No. 9 of this article, in the order
named.

CC 309

Any person who shows disrespect to the dead, or wrongfully interferes


with a funeral shall be liable to the family of the deceased for
damages, material and moral.

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 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:

(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.

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

Unfair competition in agricultural, commercial or industrial


enterprises or in labor through the use of force, intimidation, deceit,
machination or any other unjust, oppressive or highhanded method shall
give rise to a right of action by the person who thereby suffers
damage.

CC 29

When the accused in a criminal prosecution is acquitted on the ground


that his guilt has not been proved beyond reasonable doubt, a civil
action for damages for the same act or omission may be instituted.
Such action requires only a preponderance of evidence. Upon motion of
the defendant, the court may require the plaintiff to file a bond to
answer for damages in case the complaint should be found to be
malicious.

If in a criminal case the judgment of acquittal is based upon


reasonable doubt, the court shall so declare. In the absence of any
declaration to that effect, it may be inferred from the test of the
decision whether or not the acquittal is due to that ground.

CC 30

When a separate civil action is brought to demand civil liability


arising from a criminal offense, and no criminal proceedings are
instituted during the pendency of the civil case, a preponderance of
evidence shall likewise be sufficient to prove the act complained of.

CC 32

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 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;

(19) Freedom to 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.

CC 34

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.
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.

If during the pendency of the civil action, an information should be


presented by the prosecuting attorney, the civil action shall be
suspended until the termination of the criminal proceedings.

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

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.

a. value of loss/unrealized profit

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.

b. attorney's fees/costs of litigation

CC 2208
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.

c. interest

CC 2209

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.

CC 2210

Interest may, in the discretion of the court, be allowed upon damages


awarded for breach of contract.

CC 2211

In crimes and quasi-delicts, interest as a part of the damages may,


in proper case be adjudicated in the discretion of the court.

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.

3. Scope of actual damages

a. in contracts and quasi-contracts

CC 2201

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.

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.

b. in delicts and quasi-delicts

c. in delicts and quasi-delicts resulting in death

C. Moral Damages

CC 2217

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.

CC 2218

In the adjudication of moral damages, the sentimental value of


property, real or personal may be considered.
1. When recoverable

CC 2219

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;
(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 enumerated 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 brother and sister may bring
the action mentioned in No. 9 of this article, in the order named.

CC 309

Any person who shows disrespect to the dead, or wrongfully interferes


with a funeral shall be liable to the family of the deceased for
damages, material and moral.

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 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:

(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.
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

Unfair competition in agricultural, commercial or industrial


enterprises or in labor through the use of force, intimidation, deceit,
machination or any other unjust, oppressive or highhanded method shall
give rise to a right of action by the person who thereby suffers
damage.

CC 29

When the accused in a criminal prosecution is acquitted on the ground


that his guilt has not been proved beyond reasonable doubt, a civil
action for damages for the same act or omission may be instituted.
Such action requires only a preponderance of evidence. Upon motion of
the defendant, the court may require the plaintiff to file a bond to
answer for damages in case the complaint should be found to be
malicious.

If in a criminal case the judgment of acquittal is based upon reasonable


doubt, the court shall so declare. In the absence of any declaration to
that effect, it may be inferred from the test of the decision whether
or not the acquittal is due to that ground.

CC 30

When a separate civil action is brought to demand civil liability


arising from a criminal offense, and no criminal proceedings are
instituted during the pendency of the civil case, a preponderance of
evidence shall likewise be sufficient to prove the act complained of.

CC 32

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 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;
(19) Freedom to 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.

CC 34

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.

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.
If during the pendency of the civil action, an information should be
presented by the prosecuting attorney, the civil action shall be
suspended until the termination of the criminal proceedings.

CC 2220

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.

2. When not recoverable

see cases

F. Liquidated Damages

CC 2226

Liquidated damages are those agreed upon by the parties to a contract,


to be paid in case of breach thereof.

CC 2227

Liquidated damages, whether intended as an indemnity or a penalty, shall


be equitably reduced if they are iniquitous or unconscionable.

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

In obligations with a penal clause, the penalty shall substitute for


the damages and the payment of interests in case of non-compliance
if there is no stipulation to the contrary. Nevertheless, damages
shall be paid if the obligor refuses to pay the penalty or is guilty
of fraud in the fulfillment of the obligation.

The penalty may be enforced only when it is demandable in accordance


with the provision of the Civil Code.

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

Proof of actual damages suffered by the creditor is not necessary in


order that the penalty may be demanded.

1229 (Reduction of Penalty)

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.

The nullity of the principal obligation carries the nullity of the


penal clause.

H. Graduation of damages

1. Duty of injured party

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.

2. Rules in graduating damages

3. Non co-existence

TITLE XVIII - DAMAGES

Chapter I

General Provisions

CC 2195

The provisions of this Title shall be respectively applicable to all


obligations mentioned in article 1157.

CC 2196

The rules under this Title are without prejudice to special


provisions on damages formulated elsewhere in the Civil Code.
Compensation for workmen and other employees in case of death, injury
or illness is regulated by special laws. Rules governing damages laid
down in other laws shall be observed insofar as they are not in
conflict with the Civil Code.

CC 2197

Damages may be:


(1) Actual or compensatory;
(2) Moral;
(3) Nominal;
(4) Temperate or moderate;
(5) Liquidated; or
(6) Exemplary or corrective.

CC 2198

The principles of the general law on damages are hereby adopted


insofar as they are not inconsistent with the Civil Code.

Chapter 2

CC 2199

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.

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

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.

CC 2202

In crimes and quasi-delicts, the defendants shall be liable for all


damages which are the natural and probable consequences of the act or
omission which are the natural and probable consequences of the act or
omission complained of. It is not necessary that such damages have been
foreseen by the defendant.

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

In crimes, the damages to be adjudicated may be respectively increased


or lessened according to the aggravating or mitigating circumstances.

CC 2205

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.

CC 2206

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 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.

CC 2207

If the plaintiff's property has been insured, and he has received


indemnity from the insurance company for the injury or loss arising out
of the wrong or breach of contract complained of the insurance company
shall be subrogated to the rights of the insured against the wrongdoer
or the person who has violated the contract. If the amount paid by the
insurance company does not fully cover the injury or loss, the aggrieved
party shall be entitled to recover the deficiency from the person
causing the loss or injury.

CC 2208

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.

CC 2209

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.

CC 2210

Interest may, in the discretion of the court, be allowed upon damages


awarded for breach of contract.

CC 2211

In crimes and quasi-delicts, interest as a part of the damages may,


in proper case be adjudicated in the discretion of the court.

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 2214

In quasi-delicts the contributory negligence of the plaintiff shall


reduce the damages that he may recover.

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

OTHER KINDS OF DAMAGES

CC 2216

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.

Section 1. - Moral Damages

CC 2217

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 or omission.

CC 2218

In the adjudication of moral damages, the sentimental value of property,


real or personal may be considered.

CC 2219

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;
(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 enumerated 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 brother and sister may bring
the action mentioned in No. 9 of this article, in the order named.

CC 309

Any person who shows disrespect to the dead, or wrongfully interferes


with a funeral shall be liable to the family of the deceased for
damages, material and moral.

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 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:

(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.

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

Unfair competition in agricultural, commercial or industrial enterprises


or in labor through the use of force, intimidation, deceit, machination
or any other unjust, oppressive or highhanded method shall give rise to
a right of action by the person who thereby suffers damage.
CC 29

When the accused in a criminal prosecution is acquitted on the ground


that his guilt has not been proved beyond reasonable doubt, a civil
action for damages for the same act or omission may be instituted. Such
action requires only a preponderance of evidence. Upon motion of the
defendant, the court may require the plaintiff to file a bond to answer
for damages in case the complaint should be found to be malicious.

If in a criminal case the judgment of acquittal is based upon reasonable


doubt, the court shall so declare. In the absence of any declaration to
that effect, it may be inferred from the test of the decision whether or
not the acquittal is due to that ground.

CC 30

When a separate civil action is brought to demand civil liability


arising from a criminal offense, and no criminal proceedings are
instituted during the pendency of the civil case, a preponderance of
evidence shall likewise be sufficient to prove the act complained of.

CC 32

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 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;
(19) Freedom to 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.

CC 34

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.

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.
If during the pendency of the civil action, an information should be
presented by the prosecuting attorney, the civil action shall be
suspended until the termination of the criminal proceedings.

CC 2220

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.

Section 2. - Nominal Damages

CC 2221

Nominal damages are adjudicated in order that a right of the plaintiff,


which has been violated or invaded by the defendant, may be indicated
or recognized, and not for the purpose of indemnifying the plaintiff
for any loss suffered by him.

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

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.

Section 3. - Temperate or Moderate Damages

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

Temperate damages must be reasonable under the circumstances.

Section 4. - Liquidated Damages

CC 2226

Liquidated damages are those agreed upon by the parties to a contract,


to be paid in case of breach thereof.

CC 2227

Liquidated damages, whether intended as an indemnity or a penalty, shall


be equitably reduced if they are iniquitous or unconscionable.

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.

Section 5. - Exemplary or Corrective Damages

CC 2229

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.
CC 2230

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.

CC 2231

In quasi-delicts, exemplary damages may be granted if the defendant


acted with gross negligence.

CC 2232

In contracts and quasi-contracts, the court may award exemplary


damages if the defendant acted in a wanton, fraudulent, reckless,
oppressive, or malevolent manner.

CC 2233

Exemplary damages cannot be recovered as a matter of right; the court


will decide whether or not they should be adjudicated.

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

A stipulation whereby exemplary damages are renounced in advance shall


be null and void.

Give thanks to the Lord for He is good.


His love endures forever.

(Psalm 136:1)