Torts Atty. Castro

8/12/2019 Torts Atty. Castro

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IX. Quasi-delicts

A. ELEMENTS OF QUASI DELICT/TORTS

1. Act or omission

2. Damage or injury is caused to another

3. Fault or negligence is present

4. There no pre-existing contractual relation between the parties

5. Causal connection between damage done and act/omission

B. DISTINGUISHED FROM OTHER SOURCES OF OBLIGATION:

CONTRACT QUASI DELICIT DELICIT

Vinculum Juris Contract Negligent act/omission

(culpa, imprudence)

Act or omission

committed by means of

dolo (deliberate,

malicious, in bad faith)

Proof needed Preponderance of

evidence

Preponderance of

evidence

Proof beyond reasonable

doubt

Defense available Exercise of extraordinary

diligence (in contract of

carriage), force Majeure

Exercise of diligence of

good father of a family in

the selection and

supervision of employees

Pre-existing contract There is pre-existing

contract

No pre-existing contract No pre-existing contract

Burden of a proof Contractual party.

Prove the ff.:

1. Existence of a

contract

2. breach

Victim. Prove the ff.:

1. damage

2. negligence

3. casual

connection

between

negligence and

damage done

Prosecution.

Accused is presumed

innocent until the

contrary is proved.

C. CIVIL LIABILITY IN QUASI-DELICIT vs. DELICIT

Difference Quasi- delict Delict

Liability of employer Solidary Subsidiary

Reservation requirement Civil aspect of the quasi delict is

impliedly instituted with criminal

action, but under 2000 Crimpro

Rules it is independent and

separate

Civil aspect is impliedly instituted

with criminal action

Effect of judgement of acquittal in

a criminal case involving same

act/omision

Not a bar to recover civil damages

EXCEPT when judgement

pronounces that the negligence

from which damage arise is non-

existence

Not a bar to recover civil damages

D.

WHAT MUST BE PROVED1. Negligence- in action for quasi-delict, plaintiff must prove negligence of defendant

Exception:

a. In cases where negligence is presumed or imputed by law- this is only rebuttable/presumption juris tantum.

b. Principle of res ipsa loquitur (the thing speaks for itself)- grounded on the difficulty in proving through

competent evidence, public policy considerations

2. Damage/ injury

3. Causal connection between negligence and damage (to be actionable)- Defendant’s negligence must be the

proximate cause of injury sustained by the plaintiff to enable plaintiff t o recover. Thus, if plaintiff’s own conduct is

the cause of the injury there can be no recovery.





9. LAW- specific provision of law.

10. EXERCISE OF DILIGENCE OF GOOD FATHER OF FAMILY IN SELECTION AND SUPERCVISION OF EMPLOYEES

11. PRESCRIPTION

Injury to right of plaintiff/quasi delict – 4 years

Defamation - 1 year

When no specific provision, must be counted from the day they may be brought

12. PROSCRIPTION AGAINST DOUBLE RECOVERY- Responsibility for fault or negligence under quasi delict is

entirely separate and distinct from civil action arising from the RPC but plaintiff cannot recover damages 2x for same

act or omission of the defendant.

13. ACT OR OMISSION IS NOT THE PROXIMATE CAUSE OF THE DAMAGE

14. OTHER GROUNDS- MOTION TO DISMISS

a. Lack of jurisdiction over person of defendant

b. Lack of jurisdiction over subject matter

c. Venue improperly laidd. Plaintiff has no legal capacity to sue

e. There is another action pending between same parties for same cause

f. Cause of action is barred by prior judgment /statute of limitations

g. Pleading asserting claim states no cause of action

h. Claim set forth in pleading has been paid, waived, abandoned, extinguished

i. Claim is unenforceable under the provision of statute of fraud

j. Condition precedent for filling claim has not been complied with

F. PERSONAL LIABLE QUASI-DELICT

1. TORTFEASOR- whoever by act or omission causes damage to another, there being no fault or negligence is obliged

to pay for the damage done (art 2176)

2. PERSONS VICARIOUSLY LIABLE- the obligation imposed in 2176 is demandable not only for one’s own act or

omission but also for those persons for whom one is responsible (art 2180)

VICARIOUS LIABILITY- law on imputed negligence; a person who himself is not guilty of negligence is

made liable for conduct of another

Reason:

1. Public policy- deeper pocket/capacity to pay

2. Violation of duty on account of relationship- he is negligent

a.) PARENTS- the father, and incase of his death or incapacity the mother are responsible for the damage caused

by:

i. Minor childrenii. Who live in their company

Note: Father and mother shall jointly exercise parental authority over common children. In case of disagreement

father’s decision shall prevail (art 211).

b.) GUARDIANS- guardians are liable for damages caused by the minor or incapacitated persons who are

i. Under their authority and

ii. Live in their company

c.) OWNERS AND MANAGER OF ESTABLISHEMENT/ENTERPRISE- owners and managers of establishment or

enterprise are responsible for damages caused by their employees



i. In the service of the branches in which he latter are employed

OR

ii. in occasion of their function

d.) EMPLOYERS- employers shall be liable for damages caused by their employees and household helpers

i. Acting w/in the scope of their assigned task

ii. even though the former are not engaged in any business or industry (unlike in RPC- subsidiary

liability of employer attaches in case of insolvency of employer for as long as the employer is engaged in

business/industry)

Defenses available to employers:i. Exercise of due diligence in election and supervision of employees

ii. act/omission was made outside working hours and in violation of company’s rules and regulations

e.) STATE- the state is responsible when it acts through a special agent, but not when the same is caused by an

official to whom task doe properly pertains in which case art 2176 is applicable

f.) SCHOOLS, ADMINISTRATOR, TEACHER- teachers or heads of establishments of arts and trades shall be liable

for damages caused by their:

i. Pupils, students and apprentices

ii. as long as they remain in their custody

Note:

Family code, art 218- The school, its administration and teachers or the individual, entity or institution engaged inchild care shall have special parental authority and responsibility over the minor child under their supervision

instruction or custody( authority and responsibility shall apply to all authorized activities whether inside or outside

the premises or the school, entity, or institution).

Family code, art 219- those given the authority and responsibility shall be solidarily and principally liable for damages

caused by act/omission of the unemancipated minor; parents, judicial guardian or person exercising substitute

parental authority over said minor shall be subsidiarily liable.

DIFFERENCE BETWEEN ARTICLES 218 AND 2180

ART 218 ART 2180

School, admin, teachers engaged in child care are

made expressly liable

Teachers, head of establishment in Arts and Trades

are made expressly liable

Liability of school, admin, teachers is solidary and

parents are made subsidiary liable

No such express solidary nor subsidiary liability is

stated

Students involved must be minor Students involved not necessarily minor

Issues:

1. Whether or not schools are liable?-

Gen rule: schools are not liable as partly defendants exception:

a.) FC 218- schools are expressly made liable

b.) St. Francis case rule- school’s liability as employer

c.) PSBA case ruling- school has liability based on contract

So that-

a.) If culprit is a teacher, follow St. Francis ruling (sue school as employer)

b.) If culprit is a stranger, follow PSBA ruling (sue school based on contract)

c.) If culprit is a student- apply 2180

2. Does 2180 apply to school of Arts and Trades only? No. applies to all including academic institution per weight of

jurisprudence based on obiter of Justice JBL Reyes in the Exconde case

3. Base of liability of teacher- principle of loco parentis (stand in place of parents)

4. So long as they remain in their custody

Not literal anymore; before: boarding and living with teacher due to peculiar characteristic of trade and arts

school

As long as they are in the protective supervisory capacity of teacher- special parental authority



3. PERSONS EXPRESSLY MADE LIABLE BY LAW (even without fault)

a. PROSSESSOR OF AN ANIMAL OR WHOEVER MAKES USE OF THEM EVEN IF THE ANIMAL IS LOST OR

ESCAPED

Except:

1. Force majeure

2. Fault of the injured or damaged person

b. OWNER OF MOTOR VEHICLE- in motor vehicle mishap, the owner is solidarily liable with the driver if:

1. He was in the vehicle and

2. Could have through due diligence prevented the misfortune

c. MANUFACTURERS & PROCESSORS OF FOODSTUFFS, DRINK, TOILET ARTICLES & SIMILAR GOODS- they are

liable for death and injuries caused by any noxious or harmful substances used although no contractual relations

exists between them and the consumers

d. DEFENDANT IN POSSESSION OF DANGEROUS WEAPONS OR SUBSTANCES SUCH AS FIREARMS AND POISON

there is a prima facie presumption of negligence on the part of defendant if death or injury results from such

possession

Exception: The possession or use thereof is indispensable in his occupation or business

e. PROVINCES, CITIES AND MUNICIPALITIES- shall be liable for damages for the death 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

f. PROPRIETOR OF BUILDING OR STRUCTURE- responsible for the damages resulting from any of the ff:

i. Total or partial collapse of building or structure if due to lack of necessary repairs

ii. 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

iii. By excessive smoke, which may be harmful to persons or property

iv. By falling of trees situated at or near highways or lanes, if not caused by force majeure

v. By emanations from tubes, canals, sewers or deposits of infectious matter constructed withoutprecautions suitable to the place

g. ENGINEER, ARCHITECT OR CONTRACTOR- if damage of building or structure is caused by defect in

construction which happens within 15 years from construction; action must be brought within 10 years of collapse

h. HEAD OF FAMILY THAT LIVES IN A BUILDING OR PART THEREOF- liable for damages caused by things

thrown or falling from the same

G. SPECIAL TORTS

1. Art 19, 20, 21 (catch-all provision)

a. ABUSE OF RIGHTS (Art 19)

ELEMENTS:i. There is a legal right or duty

ii. Which is exercised in bad faith

For the sole intent of prejudicing or injuring another

b. GENERAL SANCTION (Art. 20)

- For all other provisions of law which do not especially provide their own sanction

ELEMENTS:

i. In the exercise of his legal right or duty

ii. Willfully or negligently causes damage to another



c. CONTRA BONUS MORES (Art 21)

ELEMENTS:

i. There is an act which is legal

ii. But which is contrary to morals, good custom, public order or public policy

iii. And it is done with intent to injure

2. UNJUST ENRICHMENT- Arts. 22, 23, 2142 & 2143

3. OSTENTATIOUS DISPLAY OF WEALTH- Art. 25; thoughtless extravagance for pleasure or display during a

period of public want or emergency

4. VIOLATION OF RIGHT OF PRIVACY AND FAMILY RELATIONS

Art. 26- every person shall respect the dignity, personality, privacy and peace of mind of his neighbors and other

persons. The ff. acts though they may not constitute a criminal offense, shall produce a cause of action for damages,

prevention and other relief:

i. prying into the privacy of another’s residence

ii. meddling with or disturbing the private life or family relations of another

iii. intriguing to cause another to be alienated from his friends

iv. vexing or humiliating another on account of his religious beliefs, lowly station in life, place of birth

physical defect, or other personal condition

5. DERELICTION OF OFFICIAL DUTY OF PUBLIC OFFICERS

May be brought by any person suffering from material or moral loss because a public servant refuses of neglects

without just cause to perform his official duty (art 27).

REQUISITES:

a. Defendant is a public officer charged with the performance of a duty in favor of the plaintiff

b. He refused or neglected without just cause to perform such duty (ministerial)

c. Plaintiff sustained material or moral loss as consequence of such non- performance

d. The amount of such damages, if material

6. UNFAIR COMPETITION- unfair competition in agricultural, commercial, or industrial enterprises or in labor through the

use of force, intimidation, deceit. Machination , or other unjust, oppressive or high-handed method (Art 28)

7. MALICIOUS PROSECUTION

ELEMENTS:

a. That the defendant was himself the prosecutor/ he instignated his commencement

b. That it finally terminates in his acquittal

c. That in bringing it the prosecutor acted without probable cause and

d. That he was actuated by legal malice , that is, by improper and sinister motive

8. VIOLATION OF RIGHTS AND LIBERTIES OF ANOTHER PERSON

9. NUISANCE

a. DEFINITION- any act of , omission, establishment, condition of property, or anything else which:

i. injures or endangers the health or safety to others, or

ii. annoys or offends the senses, or

iii. shock, defies, or disregards decency or morality, or

iv. obstructs or interferes with the free passage of any public highway or streets, or any body of water

v. hinders or impairs use of property

b. KINDS:



NUISANCE PER SE- denounced as nuisance by common law or by statute

NUISANCE PER ACCIDENS- those which are in their nature not nuisances, but may become so by reason of

their locality, surroundings, or the manner in which they may be conducted, managed, etc.

PUBLIC- affects a community or neighborhood or any considerable number of persons

REMEDIES AGAINST PUBLIC NUISANCES:

1. Prosecution under the RPC or any local ordinance

2. Civil action

3. Abatement, without judicial proceeding

WHO MAY AVAIL OF REMEDIES:

1. Public officers

2. Private persons- if nuisance is specially injurious to himself, the ff. steps must be made:

i. demand be first made upon owner or possessor of the property to

abate the nuisance

ii. that such demand has been rejected

iii. that the abatement be approved by the district health officer and executed with

the assistance of local police

iv. that the value of destruction does not exceed P3,000

PRIVATE- one that is not included in the foregoing definition; affect an individual or a limited number of

individuals only

REMEDIES AGAINST PRIVATE NUISANCES:

(1) Civil action

(2) Abatement, without judicial proceedings

WHO MAY AVAIL OF REMEDIES:

(1) Public officers

(2) Private persons- if nuisance is specially injurious to himself; the ff. steps must be made:

i. demand be first made upon owner or possessor of the property to abate the

nuisance

ii. That such demand has been rejectediii. that the abatement be approved by the district health officer and executed with the

assistance of local police

iv. that the value of destruction does not exceed P3,000

c. DOCTRINE OF ATTRACTIVE NUISANCE- a class of cases within the general rule that one is liable for the injury

resulting to another from failure to exercise the degree of care commiserate with the circumstances

o The attractiveness of the premises or of the dangerous instrumentality to children of tender years is

to be considered as an implied invitation, which takes the children who accepted it out of the

category of a trespasser and put them in the category of invitees towards whom the owner of the

premises or instrumentality owes the duty of ordinary care

X/. DAMAGES

Kinds of Damages: (MENTAL)

MORAL

EXEMPLARY

NOMINAL

TEMPERATE

ACTUAL

LIQUIDATED



1. ACTUAL/COMPENSATORY- adequate compensation for

a) The value of loss suffered

b) Profits which oblige failed to obtain

Exception:

a. provided by law

b. by stipulation

WHAT MUST BE DONE TO COLLECT ACTUAL DAMAGES:

1.) Plead or allege the loss

GENERAL DAMAGE- natural, necessary and logical consequences of a particular wrongful act which result in injury

need not be specifically pleaded because the law itself implies or presumes that they resulted from the wrongful act

SPECIAL DAMAGES- damages which are the natural, but not the necessary and inevitable result of the wrongful act

need to be pleaded

2.) Pray for the relief that claim for loss be granted

3.) Prove the loss

WHEN LOSS NEED NOT BE PROVED:

1.) Liquidated damages previously agreed upon, liquidated damages take the place of actual damages except

when additional damages incurred

2.) If damages other than actual are sought

3.) Loss is presumed (ex: loss of a child or spouse)

4.) Forfeiture of bonds in favor of the government for the purpose of promoting public interest or policy (ex

bond for temporary stay of alien)

CONTRACTS AND QUASI CONTRACTS

1. Damages in case of good faith-

a. Natural and probable consequence of breach of obligation and

b. Parties have foreseen or could have reasonably foreseen at time obligation was constituted

2. Damages in case of bad faith

a. It is sufficient that damages may be reasonably attributed to the non-performance of the

obligation

CRIMES AND QUASI CRIMES

Defendant is liable for all damages that are natural and probable consequence of the act/omission

complained of

Not necessary that damages have been foreseen or could have been reasonably foreseen

a) VALUE OF LOSS SUFFERED- destruction of things, fines or penalties, medical and hospital bills, attorney’s

fees, interests, cost of ligation

Damages recoverable:

1.) Medical and hospital bills

2.) Loss or impairment of earning capacity (in case of physical disability)

3.) Damages for death

a) Minimum amount: P50,000

b) Loss of earning capacity unless deceased had permanent physical disability not caused by defendant so

that deceased had no earning capacity at time of death

c) Support, if deceased was obliged to give support (for period not more than 5 years)

d) Moral damages

4.) Attorney’s fees- as a general rule, attorney’s fees (other than judicial costs) are not recoverable, except:



a) Stipulation between parties

b) When exemplary damages are awarded

c) When defendant’s act/omission compelled plaintiff to litigate with 3rd persons or incur expenses to

protect his interest

d) Malicious prosecution

e) Clearly unfounded civil action or proceeding against plaintiff

f) Defendant acted in gross and evident bad faith in refusing to satisfy plaintiff’s just and demandable

claimg) Legal support actions

h) Recovery of wages of household helpers, laborers and skilled workers

i) Actions for indemnity under workmen’s compensation and employer liability laws

j) Separate civil action to recover civil liability arising from crime

k) When double judicial costs are awarded

5.) Judicial costs

6.) Interest- discretionary on part of the court

WHEN DAMAGES MITIGATED:

1.)

Contributory negligence2.) In contracts, quasi-contracts and quasi-delict-

a. Plaintiff has contravened the terms of contract

b. Plaintiff derived some benefit as result of contract

c. In case where exemplary damages are to be awarded, that the defendant acted upon the advice of counsel

d. That the loss would have resulted in any event

e. That since the filing of action, the defendant has done his best to lessen the plaintiff’s loss or injury

3. MORAL DAMAGES-(PBMF-MWSS) ]

a. Physical suffering

b. Besmirched reputation

c. Mental anguish

d. Fright

e. Moral shock

f. Wounded feelings

g. Social humiliation

h. Serious anxiety

Notes:

Sentimental value of real or personal property may be considered in adjudicating moral damages

The social and economic/financial standing of the offender and the offended party should be taken

into consideration in the computation of moral damages

Moral damages is awarded only to enable the injured party to obtain means, diversions or

amusements that will serve to alleviate the moral suffering he has undergone, by reason of defendant’sculpable action and not intended to enrich a complainant at the expense of defendant

IN WHAT CASES MAY MORAL DAMAGES BE RECOVERED (enumeration not exclusive):

a. Criminal offense resulting in physical injuries

b. Quasi-delicts causing physical injuries

c. Seduction, abduction, rape or other acts of lasciviousness

d. Adultery and concubinage

e. Illegal or arbitrary detention or arrest

f. Illegal search

g. Libel, slander or other form of defamation



h. Malicious prosecution

i. Acts mentioned in art 309 of the RPC relating to disrespect of the dead and interference with the funeral

j. Acts and actions referred to in arts 21,26, 27, 28, 29, 30, 32, 34, and 35

k. The parents of the female seduced , abducted, raped or abused

l. Spouse, descendants, ascendants and brother and sisters for acts mentioned in art 309

m. Art 2220- in cases of willful injury to property or breaches of contract where defendant acted fraudulently or

in bad faith

3. NOMINAL DAMAGES- adjudicated in order that a right of the plaintiff, which has been violated or invaded by the

defendant, may be vindicated or recognized, and not for the purpose of indemnifying the plaintiff for any loss suffered by him

ELEMENTS:

a. Plaintiff has a right

b. Right of plaintiff is violated

c. Purpose is not to identify but vindicate or recognize right violated

4. TEMPERATE OR MODERATE DAMAGES-more than nominal but less than compensatory where some pecuniary loss

has been suffered but its amount can’t be proved with certainty due to the nature of the case

REQUISITES:

a. Some pecuniary loss

b. Loss is incapable of pecuniary estimation

c. Must be reasonable

5. LIQUIDATED DAMAGES- those agreed upon by the parties to a contract, to be paid in case of breach thereof

WHEN LIQUIDATED DAMAGES MAY BE EQUITABLY REDUCED:

a. Iniquitous or unconscionable

b. Partial or irregular performance

6. EXEMPLARY OR CORRECTIVE DAMAGE- imposed by way example or correction for the public good, in addition to the

moral, temperate, liquidated to compensatory damages.

Documents

Torts Atty. Castro