Torts and Damages Reviewer

San Beda College of Law 215

MEMORY A AID

IN CIVIL LAW

TORTS AND DAMAGES I. TORTS

A. NEGL NEGLIG IGEN ENT T TORT TORTS S

TORT

Involve Involve voluntary voluntary acts or omissions omissions whic wh ich h resul esultt in inju injury ry to othe others rs without intending to cause the same or because the actor fails to exercise due care in performing such acts or omissions.

An unlawful violation of private right, right, not not created created by contra contract, ct, and which gives rise to an action for damages. It is an act or omission producing an injury to another, without any previous existing lawful relation of which the said act or omission may may be said aid to be a natur atural al outgrowth or incident.

NOTES: unborn child child is NOT  An unborn entitled entitled to damages. damages. ut the the bere bereav aved ed pare parent ntss may be entitled to dama damage ges, s, on dama damage gess infl inflic icted ted dire direct ctly ly upon upon them. !Geluz !Geluz vs. CA, 2 SCRA 802" 802"  #efendants in tort cases

can either be natural or artificial being. $orpor $orporati ations ons are civilly civilly liable in the same manner as natural persons.  Any person who has been

inju injure red d by reas reason on of a tortious conduct can sue the tortfeasor.  The primary purpose of a

tort action is to provide compensation to a person who was injured by the tortio tortious us conduc conductt of the defendant.  %rev %reven enti tive ve

reme remedy dy is available in some cases.

Classes of Torts: A. Negl Neglig igen entt Tort Tortss . Inte Intent ntio iona nall Tort Tortss $. &tri &trict ct 'ia 'iabi bili lity ty

NEGLIGENCE The The omis omissi sion on of that that deg degree ree of dilige diligence nce wh which ich is re(uir re(uired ed by the nature of the obligation and correspond corresponding ing to the circumst circumstances ances of persons, time and place. ! Article 1173 Civil Code" Code"

Kinds of Negligence: 1. Culp Culpa a Cont Contra ract ctua uall !contractual negligence" negligence" )overned by $$ provisions on Obligations and $ontracts, part partic icul ular arly ly Arts Arts.. **+ to **+- of the $ivil $ode.

2. Culpa Aquiliana !quasi-delict !quasi-delict"" )overned mainly by Art. *+/ of the $ivil $ode 3. Culpa Criminal !criinal !criinal negligence" negligence" )overned by Art. 0/1 of the 2evised %enal $ode. NOTES:  The The 0 3ind 3indss of negl neglig igen ence ce furn furnis ish h separate, distinct, and independent bases of liability or causes of action.  A single act or omission may give rise to two or more causes of action.

Cul Cu la a Con ontr tra act ctua uall

Cul ula a A! A!u uil ilia iana na

CIVIL LAW COMMITTEE CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON : Vida Bocar, Joyce Vidad EDP : Alnaia Ha!!iman, Doro"#y $ayon S%BJECT HEADS: C#ri!"o&# C#ri!"o&#er er Rey 'ara!i(an 'ara!i(an )Per!on! )Per!on! and *amily *amily Rela"ion Rela"ion!+, !+, Aleandro Aleandro Ca!a-ar)Pro& Ca!a-ar)Pro&er"y er"y+, +, 'a. R#odora *errer)ill! and Succe!!ion+, Ian Dominic Pua)O-li(a"ion! and Con"rac"!+, S#a Elia# Dumama)Sale! and /ea!e+, Jo#n S"e&#en 0uiam-ao 0uiam-ao)PAT )PAT+, +, C#ri!"o&# C#ri!"o&#er er Ca-i(ao)Cr Ca-i(ao)Credi" edi" Tran!ac"i Tran!ac"ion!+, on!+, /i(aya /i(aya Ali&ao)T Ali&ao)Tor"! or"! and Dama(e!+, Dama(e!+, An"#ony An"#ony Pur(anan)/TD+, 'a. Rica!ion Tu(adi )Con1lic"! o1 /a2+


MEMORY A AID The The foun founda dati tion on of the the liab liabil ilit ity y of the the defendant is the contract In breach of contract commit committed ted throu through gh the the negl neglig igen ence ce of employee, the emp employ loyer can cannot not erase his primary and dire direct ct liab liabil ilit ity y by invo3ing invo3ing exercise exercise of dilige diligence nce of a good good father of a family in the the sele select ctio ion n and and supe superv rvis isio ion n of the the employee.

It is a separate sourc source e of obliga obligatio tion n independent of contract In (uasi4delict the presumptive responsibility for the negligence of his servants can be rebutted by proof of the exercise of due care in their selection and supervision.

Cula A!uiliana

Cri"e

Only involves private concern The The $ivil ivil $ode $ode by means of indem4 em4 nifi nifica cati tion on mere merely ly repairs the damage Incl Includ udes es all all acts acts in whic which h any any 3ind 3ind of faul faultt or negli neglige genc nce e intervenes

Affe Affect ct the the publi ublic c interest The The 2evi 2evise sed d %ena %enall $ode $ode puni unishes shes or corrects criminal act

'iability is direct and pri primary ary in (uas (uasi4 i4 delict

%unished only if there is a penal law clearly covering them 'iability of t he employer of the acto actor4 r4em empl ploy oyee ee is subsidiary in crimes

#$ASI%DELICT 5hoever 5hoever by act or omissi omission on causes causes damage to another, there being fault or negligence is obliged to pay for the damage done. !Article *+/ $ivil $ode"

Ess Essentia ntiall Re! Re!uisi isites tes for a !uasi% asi% delictual action: *. Act Act or omiss omissio ion n cons consti titu tuti ting ng fault fault or negligence6 2. #ama #amage ge caus caused ed by the the said said act act or omission6 and 0. $aus $ausal al relat relatio ion n between between the the dama damage ge and the act or omission. Tests of Negligence *. #id the defendant in doing the alleg leged negligent ent act use the reasonable reasonable care and caution caution which an ordinarily ordinarily prudent person would would have used in the same situation7 CIVIL LAW COMMITTEE

IN CIVIL LAW

If not then he is guilty of negligence. . $ould ould a prud pruden entt man, an, in the the case ase under consideration, foresee harm as a result of the course pursued7 If so, it was the duty of the actor to ta3e ta3e prec precau auti tion onss to guar guard d against harm.

NOTES:  Negligence is a conduct 4 the determ determina inatio tion n of the existen existence ce of negligence negligence is concerned concerned with what the defendant did or did not do The state of mind of the actor is not important6 good faith or use of sound sound judgment judgment is immaterial. immaterial. The existe existence nce of neglige negligence nce in a given given case is not determined by reference to the personal judgment but by the behavior of the actor in the situation before him. !!icart !!icart vs. Sit"# Negligence is a conduct conduct that creates creates  Negligence an undue ris3 of harm to others.  The determination of negligence is a (uestion of foresight on the part of the actor 8 9O2:&:AI'IT;. 9O2:&:AI'IT; . :ven :ven if a partic particula ularr injury injury was not foreseeable, the ris3 is still fore forese seea eabl ble e if poss possib ibil ilit ity y of injury is foreseeable. 9orseeab eability involves lves the (uestion of %2OAI'IT;, that is, the the exis existtence ence of some ome real eal li3eli li3elihoo hood d of some some damage damage and the li3elihood is of such appreciable weight reasonably to induce, action to avoid it.

Calculation of Ris& Interests are to be balanced only in the sense that the purposes of the actor, the nature of his act and the harm that may result from action or inaction are elements to be considered. Circu"stances to consider in deter"ining negligence: '(EST%GA() *. Time . %lace 0. :mergency

CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON : Vida Bocar, Joyce Vidad EDP : Alnaia Ha!!iman, Doro"#y $ayon S%BJECT HEADS: C#ri!"o&# C#ri!"o&#er er Rey 'ara!i(an 'ara!i(an )Per!on! )Per!on! and *amily *amily Rela"ion Rela"ion!+, !+, Aleandro Aleandro Ca!a-ar)Pro& Ca!a-ar)Pro&er"y er"y+, +, 'a. R#odora *errer)ill! and Succe!!ion+, Ian Dominic Pua)O-li(a"ion! and Con"rac"!+, S#a Elia# Dumama)Sale! and /ea!e+, Jo#n S"e&#en 0uiam-ao 0uiam-ao)PAT )PAT+, +, C#ri!"o&# C#ri!"o&#er er Ca-i(ao)Cr Ca-i(ao)Credi" edi" Tran!ac"i Tran!ac"ion!+, on!+, /i(aya /i(aya Ali&ao)T Ali&ao)Tor"! or"! and Dama(e!+, Dama(e!+, An"#ony An"#ony Pur(anan)/TD+, 'a. Rica!ion Tu(adi )Con1lic"! o1 /a2+


MEMORY A AID The The foun founda dati tion on of the the liab liabil ilit ity y of the the defendant is the contract In breach of contract commit committed ted throu through gh the the negl neglig igen ence ce of employee, the emp employ loyer can cannot not erase his primary and dire direct ct liab liabil ilit ity y by invo3ing invo3ing exercise exercise of dilige diligence nce of a good good father of a family in the the sele select ctio ion n and and supe superv rvis isio ion n of the the employee.

It is a separate sourc source e of obliga obligatio tion n independent of contract In (uasi4delict the presumptive responsibility for the negligence of his servants can be rebutted by proof of the exercise of due care in their selection and supervision.

Cula A!uiliana

Cri"e

Only involves private concern The The $ivil ivil $ode $ode by means of indem4 em4 nifi nifica cati tion on mere merely ly repairs the damage Incl Includ udes es all all acts acts in whic which h any any 3ind 3ind of faul faultt or negli neglige genc nce e intervenes

Affe Affect ct the the publi ublic c interest The The 2evi 2evise sed d %ena %enall $ode $ode puni unishes shes or corrects criminal act

'iability is direct and pri primary ary in (uas (uasi4 i4 delict

%unished only if there is a penal law clearly covering them 'iability of t he employer of the acto actor4 r4em empl ploy oyee ee is subsidiary in crimes

#$ASI%DELICT 5hoever 5hoever by act or omissi omission on causes causes damage to another, there being fault or negligence is obliged to pay for the damage done. !Article *+/ $ivil $ode"

Ess Essentia ntiall Re! Re!uisi isites tes for a !uasi% asi% delictual action: *. Act Act or omiss omissio ion n cons consti titu tuti ting ng fault fault or negligence6 2. #ama #amage ge caus caused ed by the the said said act act or omission6 and 0. $aus $ausal al relat relatio ion n between between the the dama damage ge and the act or omission. Tests of Negligence *. #id the defendant in doing the alleg leged negligent ent act use the reasonable reasonable care and caution caution which an ordinarily ordinarily prudent person would would have used in the same situation7 CIVIL LAW COMMITTEE

IN CIVIL LAW

If not then he is guilty of negligence. . $ould ould a prud pruden entt man, an, in the the case ase under consideration, foresee harm as a result of the course pursued7 If so, it was the duty of the actor to ta3e ta3e prec precau auti tion onss to guar guard d against harm.

NOTES:  Negligence is a conduct 4 the determ determina inatio tion n of the existen existence ce of negligence negligence is concerned concerned with what the defendant did or did not do The state of mind of the actor is not important6 good faith or use of sound sound judgment judgment is immaterial. immaterial. The existe existence nce of neglige negligence nce in a given given case is not determined by reference to the personal judgment but by the behavior of the actor in the situation before him. !!icart !!icart vs. Sit"# Negligence is a conduct conduct that creates creates  Negligence an undue ris3 of harm to others.  The determination of negligence is a (uestion of foresight on the part of the actor 8 9O2:&:AI'IT;. 9O2:&:AI'IT; . :ven :ven if a partic particula ularr injury injury was not foreseeable, the ris3 is still fore forese seea eabl ble e if poss possib ibil ilit ity y of injury is foreseeable. 9orseeab eability involves lves the (uestion of %2OAI'IT;, that is, the the exis existtence ence of some ome real eal li3eli li3elihoo hood d of some some damage damage and the li3elihood is of such appreciable weight reasonably to induce, action to avoid it.

Calculation of Ris& Interests are to be balanced only in the sense that the purposes of the actor, the nature of his act and the harm that may result from action or inaction are elements to be considered. Circu"stances to consider in deter"ining negligence: '(EST%GA() *. Time . %lace 0. :mergency

CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON : Vida Bocar, Joyce Vidad EDP : Alnaia Ha!!iman, Doro"#y $ayon S%BJECT HEADS: C#ri!"o&# C#ri!"o&#er er Rey 'ara!i(an 'ara!i(an )Per!on! )Per!on! and *amily *amily Rela"ion Rela"ion!+, !+, Aleandro Aleandro Ca!a-ar)Pro& Ca!a-ar)Pro&er"y er"y+, +, 'a. R#odora *errer)ill! and Succe!!ion+, Ian Dominic Pua)O-li(a"ion! and Con"rac"!+, S#a Elia# Dumama)Sale! and /ea!e+, Jo#n S"e&#en 0uiam-ao 0uiam-ao)PAT )PAT+, +, C#ri!"o&# C#ri!"o&#er er Ca-i(ao)Cr Ca-i(ao)Credi" edi" Tran!ac"i Tran!ac"ion!+, on!+, /i(aya /i(aya Ali&ao)T Ali&ao)Tor"! or"! and Dama(e!+, Dama(e!+, An"#ony An"#ony Pur(anan)/TD+, 'a. Rica!ion Tu(adi )Con1lic"! o1 /a2+


MEMORY A AID E"ergenc* rule  G$%$RA& G$%$RA& R'&$( An R'&$( An individual who suddenly finds himself in a situation of dang danger er and and is re(u re(uir ired ed to act act without much time to consider the best means that may be adopted to avoid avoid the impend impending ing danger is not guil guilty ty of neglig negligen ence ce if he fail failss to undert underta3e a3e wh what at subse subse(ue (uentl ntly y and upon reflection may appear to be a better solution.  $)C$!*+%( $)C$!*+%( 5hen the emergency emergency was brought by the individual
SPECIAL RULES . C/ildren The The acti action on of the the chil child d will will not not necess necessari arily ly be judged judged accord according ing to the standard standard of of an adult. adult. ut if the the minor is mature enough to unde unders rsta tand nd and and appr apprec ecia iate te the the natu naturre and and cons conse( e(u uenc ence of his acti action onss, he will will be cons consid ider ered ed negligent if he fails to exercise due

IN CIVIL LAW

care and precaution commission of such acts.

in

the

NOTES:  The The law law fixes fixes no arbi arbitr trar ary y age age at

which a minor can be said to have the necessary capacity to understand and appr pprecia eciate te the the natu naturre and and conse(uence of his acts. !*alor ! *alor vs. eralco, 14 !"il 8" 8" pplyin ing g  Apply

the the prov rovisio isions ns of the the 2evise 2evised d %enal %enal $ode, $ode, >udge >udge &angco &angco ta3es the view that a child who is ? or below is conclusively presumed to be incapa incapable ble of neglig negligenc ence. e. In the other hand, if the child is above ? year yearss but but below elow *1, *1, ther here is a disputable disputable presumptio presumption n of absence absence of negligence.

Absenc nce e  Abse

of negl neglig igen ence ce does does not not necess essarily mean ean absen bsenc ce of liability.

 'iability without fault@ a child under

? years can still be subsidiarily liable with his property !Art. *, 2%$"  Absenc Absence e of neglige negligence nce of the child child

may may not not excu excuse se the the pare parent ntss from from their their vicari vicarious ous liabil liability ity under under Art. Art. * N$$ or Art. * 9$.

0. (/*s (/*sic ical al Disa Disa1i 1ili lit* t* Bere wea3ness of a person will not be an excuse in negligence cases. =owever if defect amounts to a real real disabi disabilit lity y the standa standard rd of conduct is that of a reasonable person under li3e disability. 2. E3ert E3ertss and rofe rofessi ssiona onals ls They should exhibit the care and s3il s3illl of one one wh who o is ordi ordina narrily ily s3illed in the particular field that he is in. 5hen a person holds himself out as being competent to do things re(uir re(uiring ing profes professio sional nal s3ill, s3ill, he will be held liable for negligence if he fails to exhibit the care and s3ill of one ordinarily s3illed in the the part partic icul ular ar wor3 wor3 wh whic ich h he attempts to do.


San Beda College of Law 21

MEMORY A AID An expe expert rt will will not not be judg judged ed based on what a non4expert can foresee. The The rule rule rega regard rdin ing g exper experts ts is applicable not only to professionals who have undergone formal education.

4. Natu Nature re of acti acti5i 5it* t* Ther There e are are acti activi viti ties es wh whic ich h by nature impose duties to exercise a higher degree of diligence. $5a6les( a. ans, ans, by the very nature of their wor3, are expected to exercise the highest degree of diligence in the selection and supervisio supervision n of their employees. b. Coo Coon n carr carrie iers rs are re(u re(uiired red to exer exerci cisse extraor extraordin dinary ary dilige diligence nce in the the vigil igilan ance ce over over thei theirr pass passen enge gerrs and and transported goods. ! Article Article 1733 Civil Code". Code". 6. Int Into3ic o3icat atio ion n  G$%$RA& G$%$RA& R'&$( Ber Bere e intox intoxica icatio tion n is not negligence, nor does the mere fact of intoxication establish want of ordinary care. ut it may be one of the circumstances to be considered to prove negligence.  $)C$!*+%( $)C$!*+%( Cnd Cnder er Art. 218 o9 t"e Civil Code, Code, it is presumed that a person driving a motor tor vehicle has been negligent if at the time of the mishap, he was violating any traffic regulation. 7. Insanit* The insanity of a pers person on does does not excuse him or his guardian from from liab liabil ility ity based on (uasi4 delict. ases 9or "olding an insa insane ne 6ers 6erson on lia: lia:le le 9or "is "is tort(

IN CIVIL LAW

a.5here one of two innocent persons must suffer a loss, it should be borne by the one who occasioned it. b. To indu induce ce thos those e inter interest ested ed in in the the estate estate of the insane insane person person to restrain and control him. c.The c.The fear fear that that an insani insanity ty would would lead lead to false false claims claims of insani insanity ty and avoid liability.

8. 9o"en In determining the (uestion (uestion of contribut contributory ory negligence in performing such such act, act, the age, sex, sex, and condi onditi tio on of the the passengers are circumstances necessarily affecting the safety of the passenger, and should be considered considered.. !Cangco Cangco vs. anila anila Railroad Railroad Co. GR %o.1 %o.121 211 1,, cto cto:e :err 1, 1, 118" 118" Alth lthough ough ther there e is no une(uivocal statement of the the rule rule,, alenzuela vs. CA 23SCRA303 23SCRA303 appears to re(u re(uir ire e a diff differ eren entt stand tandar ard d of care are for for women under the circumst circumstances ances indicated indicated therein. =owe =oweve ver, r, #ean #ean )uid )uido o $alabr $alabresi esi believes believes that that there should be a uniform standard betw betwee een n a men men and and a women.

Ot/er +actors to Consider in Deter"ining Negligence: A. IOLATION O+ R$LES AND AND STAT$TES *. &tatutes  G$%$ G $%$RA RA& & R'&$( R'&$( Diol Diolat atio ion n of a statu statutor tory y duty duty is N:)' N:)'I): I):N$ N$: : %:2 %:2 &: !Ci6riano vs. CA, 243SCRA711". 243SCRA711". 5hen the 'egislature has spo3en, the standard of care are re( re(uir uired is no long longer er what hat a reasonably reasonably prudent man would do under


San Beda College of Law 21!

MEMORY AID the circumstances but what the 'egislature has commanded.  $)C$!*+%S( a. 5hen unusual conditions occur and strict observance may defeat the purpose of the rule and may even lead to adverse results. b. 5hen the statute expressly provides that violation of a statutory duty merely establishes a presumption of negligence.

NOTE: Rule as to 6roo9 o9 6ro5iate cause  G $%$RA& R'&$( %laintiff must show that the violation of the statute is the proximate or legal cause of the injury or that it substantially contributed thereto. !Sanitar Stea &aundr, +nc. vs. CA 300SCRA20 "  $)C$!*+%( In cases where the damage to the plaintiff is the damage sought to be prevented by the statute. In such cases, proof of violation of statute and damage to the plaintiff may itself establish proximate cause. !*eague vs. ;ernandez 1SCRA181". .Administrative 2ule Diolation of a rule promulgated by administrative agencies is not negligence per se but may be :DI#:N$: O9 N:)'I):N$:. 0.%rivate 2ules of $onduct. Diolation of rules imposed by private individuals !e.g. employers" is merely a %O&&I': :DI#:N$: O9 N:)'I):N$:.

IN CIVIL LAW

;. (RACTICE AND C$STOM $ompliance with the practice and custom in a community will not automatically result in a finding that the actor is not guilty of negligence. Non4compliance with the practice or custom in the community does not necessarily mean that the actor was negligent. In
CIVIL LAW COMMITTEE CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON : Vida Bocar, Joyce Vidad EDP : Alnaia Ha!!iman, Doro"#y $ayon S%BJECT HEADS: C#ri!"o&#er Rey 'ara!i(an )Per!on! and *amily Rela"ion!+, Aleandro Ca!a-ar)Pro&er"y+, 'a. R#odora *errer)ill! and Succe!!ion+, Ian Dominic Pua)O-li(a"ion! and Con"rac"!+, S#a Elia# Dumama)Sale! and /ea!e+, Jo#n S"e&#en 0uiam-ao)PAT+, C#ri!"o&#er Ca-i(ao)Credi" Tran!ac"ion!+, /i(aya Ali&ao)Tor"! and Dama(e!+, An"#ony Pur(anan)/TD+, 'a. Rica!ion Tu(adi )Con1lic"! o1 /a2+

San Beda College of Law 22"

MEMORY AID !Rule 133 Revised Rules o9 Court"  $ )C$!*+%S( :xceptional cases when the rules or the law provides for cases when negligence is presumed. A. %resumptions of Negligence B. 2es Ipsa 'o(uitur

A. (resu"tions of Negligence 1. In motor vehicle mishaps, the owner is presumed negligent if he was in the vehicle and he could have used due diligence to prevent the misfortune. ! Article 218 Civil Code" 2. It is disputably presumed that a driver was negligent if he had been found guilty of rec3less driving or violating traffic regulations at least twice for the next preceding two months. ! Article 218 Civil Code" 3. The driver of a motor vehicle is presumed negligent if at the time of the mishap, he was violating any traffic regulation. ! Article 218 Civil Code" 4.  G $%$RA& R'&$( %rima facie presumption of negligence of the defendant arises if death or injury results from his possession of dangerous weapons or substance.  $ )C$!*+%( 5hen such possession or use is indispensable to his occupation or business. ! Article 2188 Civil Code" 5.  G$%$RA& R'&$( %resumption of negligence of the common carrier arises in case of loss, destruction or deterioration of the goods, or in case of death or injury of passengers.  $)C$!*+%( Cpon proof of exercise of extraordinary diligence. CIVIL LAW COMMITTEE

IN CIVIL LAW

;. Res Isa Lo!uitur E*"e t"ing or transaction s6eas 9or itsel9 .F It is a rule of evidence peculiar to the law of negligence which recogniGes that prima facie negligence may be established in the absence of direct proof, and furnishes a substitute for specific proof of negligence.

Re!uisites of Res Isa Lo!uitor: *. The accident was of a 3ind which ordinarily does not occur in the absence of someoneillia an usir"

CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON : Vida Bocar, Joyce Vidad EDP : Alnaia Ha!!iman, Doro"#y $ayon S%BJECT HEADS: C#ri!"o&#er Rey 'ara!i(an )Per!on! and *amily Rela"ion!+, Aleandro Ca!a-ar)Pro&er"y+, 'a. R#odora *errer)ill! and Succe!!ion+, Ian Dominic Pua)O-li(a"ion! and Con"rac"!+, S#a Elia# Dumama)Sale! and /ea!e+, Jo#n S"e&#en 0uiam-ao)PAT+, C#ri!"o&#er Ca-i(ao)Credi" Tran!ac"ion!+, /i(aya Ali&ao)Tor"! and Dama(e!+, An"#ony Pur(anan)/TD+, 'a. Rica!ion Tu(adi )Con1lic"! o1 /a2+


MEMORY AID A++IRMATIE D$TIES AND MISCELLANEO$S ACTIITIES: . Dut* to Rescue A. #uty to the rescuer The defendants are liable for the injuries to persons who rescue people in distress because of the acts or omissions of the said defendants. There is liability to the rescuer and the law does not discriminate between the rescuer oblivious to the peril and the one who counts the costs. The ris3 of rescue, if only not wanton, is born of the occasion. One who was hurt trying to rescue another who was injured through negligence may recover damages. !Santiago vs. =e leon CA-GR %o.14180-R arc" 21, 140 " #anger of personal injury or death.

. #uty to rescue  G $%$RA& R'&$( There is no general duty to rescue6 a person is not liable for (uasi4delict even if he did not help a person in distress.  $)C$!*+%S( A limited duty to rescue is imposed in certain cases@ Abandonment of persons in danger and abandonment of one
0. O
IN CIVIL LAW

 G$%$RA&

R'&$( The owner has no duty to ta3e reasonable care towards a trespasser for his protection or even to protect him from concealed danger. NOTE: #amage to any person resulting from the exercise of any rights of ownership is damage without injury /=anu a:sque inuria#  $)C$!*+%S(

a. Disitors and tolerated possession The owner is still liable if the plaintiff is inside his property by tolerance or by implied permission. Owners of buildings or premises owe duty of care to visitors. #octrine of Attractive Nuisance One who maintains on his premises dangerous instrumentalities or appliances of a character li3ely to attract children in play, and who fails to exercise ordinary care to prevent children from playing therewith or resorting thereto, is liable to a child of tender years who is injured thereby, even if the child is technically a trespasser in the premises. NOTE: A swimming pool or pond or reservoir of water is NOT considered attractive nuisance. !Bidalgo $nter6rises vs. aladan 1 !"il 88 " &tate of Necessity The owner of a thing has no right to prohibit the interference of another with the same if the interference is necessary to avert imminent danger and the threatened damage, compared to the damage arising to the owner from the interference, is much greater. ! Article 32 Civil Code" It is also a recogniGed justifying circumstance under the 2%$. In both the $ivil $ode and the 2%$, the owner may demand from the person benefited, indemnity for the damages.

$se of roerties t/at in>ures anot/er An owner cannot use his property in such a manner as to injure the



MEMORY AID rights of others. ! Article 31 Civil Code". =ence the exercise of the right of the owner may give rise to an action based on (uasi4delict if the owner negligently exercises such right to the prejudice of another. &ia:ilit o9 !ro6rietors o9 :uildings New $ivil $ode include provisions that apply to proprietors of a building or structure which involve affirmative duty of due care in maintaining the same@ Articles *? and *?*. Third persons who suffered damages may proceed only against the engineer or architect or contractor if the damage referred to in Articles *? and *?*should be a result of any defect in construction. Nevertheless, actions for damages can still be maintained under Article *+/ for damages resulting from proprietor
2. E"lo*ers and E"lo*ees A. E"lo*ers Actions for (uasi4delict can still be maintained even if employee
IN CIVIL LAW

:mployees are bound to exercise due care in the performance of their functions for the employers6 absence such due care, the employee may be held liable.

4. ;an&s The business of ban3s is one affected by public interest. ecause of the nature of its functions, a ban3 is under obligation to treat the accounts of its depositors with "eticulous care, always having in mind the fiduciary nature of their relationship. !!C vs. CA ?17@ "

6. Co""on carriers 9rom the nature of their business and for reasons of public policy, they are bound to exercise extraordinary diligence in the vigilance over the goods and the safety of the passengers. The case against the common carrier is for the enforcement of an obligation arising from breach of contract. The same act which breached the contract may give rise to an action based on (uasi delict. /Air ;rance vs Carrascoso, &2138, Se6t. 28, 14# 7. Doctors A. &TAN#A2# O9 $A2: The proper standard is whether, the physician if a general 6ractitioner , has exercised the degree of care and s3ill of the average (ualified practitioner, ta3ing into account the advances in the profession. A physician who holds himself out as a s6ecialist should be held to the standard of care and s3ill of the average member of the profession practicing the specialty, ta3ing


San Beda College of Law 22#

MEMORY AID into account the advances in the profession. . T=: $A%TAIN O9 T=: &=I% #O$T2IN: The head surgeon is made liable for everything that goes wrong within the four corners of the operating room. It enunciates the liability of the surgeon not only for the wrongful acts of those under his physical control but also those wherein he has extension of control. $. NOT 5A22ANTO2& %hysicians are not warrantors of cures or insurers against personal injuries or death of the patient. #. %2OO9 $56ert testion should be offered to prove that the circumstances are constitutive of conduct falling below the standard of care employed by other physicians in good standing when performing the same operation. Bedical malpractice can also be established by relying on the doctrine of res i6sa loquitor 6 in which case the need of expert testimony is dispensed with because the injury itself provides the proof of negligence. !Raos vs. CA, GR %o.123, =ece:er 2, 1 " :xample@ The doctrine was applied in a case of removal of the wrong part of the body when another part was intended.

#$o pron"e e!ience% a. :vidence as to the recogniGed standards of the medical community in the particular 3ind of case6 and b. A showing that the physician departed from this standard in his treatment.

IN CIVIL LAW

&our elements in meical ne"li"ence cases: duty, breach, injury and proximate causation :. 'IAI'IT; $ON&C'TANT&

O9

=O&%ITA'&

AN#

There is no employer4employee relationship between the hospital and a physician admitted in the said hospital
8. La<*ers An attorney is not bound to exercise extraordinary diligence but only a reasonable degree of care and s3ill, having reference to the business he underta3es to do. DE+ENSES IN NEGLIGENCE CASES Kinds of defenses: A. $omplete 8 completely recovery . %artial 8 mitigates liability . (LAINTI++S COND$CT CONTRI;$TOR- NEGLIGENCE

bars

AND


San Beda College of Law 22$

MEMORY AID a. Plaintiffs o$n ne"li"ence as the pro'imate cause 5hen the plaintiffs own negligence was the immediate and proximate cause of his injury, he cannot recover damages. ! Article 217 Civil Code" b. Contributor( ne"li"ence $onduct on the part of the injured party contributing as a legal cause to the harm he has suffered which falls below the standard to which he is re(uired to conform for his own protection. !alenzuela vs. CA 23SCRA303" If the plaintiffs negligence was only contributory, the immediate and proximate cause of the injury being the defendant
IN CIVIL LAW

The defendant will be subject to mitigated liability even if the plaintiff was not himself personally negligent but because the negligence of another is imputed to the plaintiff. It is applicable if the negligence was on the part of the person for whom the plaintiff is responsible, and especially, by negligence of an associate in the transaction where he was injured.

2. +ORT$ITO$S EENTS Essential requisites% a.The cause of the unforeseen and unexpected occurrence, or of the failure of the debtor to comply with his obligation, must be independent of the human will6 b. It must be impossible to foresee the event which constitutes the Ecaso fortuito,F or if it can be foreseen, it must be impossible to avoid6 c. The occurrence must be such as to render it impossible for the debtor to fulfill his obligation in a normal manner6 and d. The obligor must be free from any participation in the aggravation of the injury resulting to the creditor. NOTE: 5hen an act of )od concurs with the negligence of defendant to produce an injury, the defendant is liable if the injury would not have resulted but for his own negligent conduct or omission. The whole occurrence is humaniGed and removed from the rules applicable to acts of )od. !%A!CR vs. CA ?13@ "  G $%$RA& R'&$( It is a complete defense and a person is not liable if the cause of the damage is a fortuitous event.  $ )C$!*+%( It is merely a partial defense and the courts may mitigate the damages if the loss would have resulted in any event ! Art. 221/# Civil Code". 4. ASS$M(TION O+ RISK



MEMORY AID )olenti non fit in*uria @ One is not legally injured if he has consented to the act complained of or was willing that it should occur. It is a complete defense. Elements( a. The plaintiff must 3now that the ris3 is present6 b. =e must further understand its nature6 and that c. =is choice to incur it is free and voluntary.

+I,-S% a. E3ress
of ris3 if the plaintiff, in advance has expressly waived his right to recover damages for the negligent act of the defendant.

NOTE: A person cannot contract away his right to recover damages resulting from negligence. &uch waiver is contrary to public policy and cannot be allowed. =owever, the waiver contemplated by this prohibition is the waiver of the right to recover :e9ore the negligent act was committed. If waiver was made a9ter the cause of action accrued, the waiver is valid and may be construed as a condonation of the obligation. 1. I"lied Assu"tio ns i. =angerous Conditions A person who, 3nowing that he is exposed to a dangerous condition voluntarily assumes the ris3 of such dangerous condition may not recover

IN CIVIL LAW

from the defendant who maintained such dangerous conditions. :xample@ A person who main4 tained his house near a railroad trac3 assumes the usual dangers attendant to the opera4tion of a locomotive. !Rodrigueza vs. anila Railroad Co., GR %o. 1488, %ov. 1, 121 ". ii. Contractual Relations There may be implied assumption of ris3 if the plaintiff entered into a contractual relation with the defendant. y entering into a relationship freely and voluntarily where the negligence of the defendant is obvious, the plaintiff may be found to accept and consent to it. :HAB%':&@ a" The employees assume the ordinary ris3s inherent in the industry in which he is employed. 4 As to abnormal ris3s, there must be cogent and convincing evidence of consent. b" 5hen a passenger boards a common carrier, he ta3es the ris3s incidental to the mode of travel he has ta3en. iii. =angerous Activities %ersons who voluntarily participate in dangerous activities assume the ris3s which are usually present in such activities. :HAB%':@ A professional athlete is deemed to assume the ris3s of injury to their trade. iv. =e9endants negligence 5hen the plaintiff is aware of the ris3 created by the defendant


MEMORY AID :HAB%':@ If the plaintiff has been supplied with a product which he 3nows to be unsafe, he is deemed to have assumed the ris3 of using such unsafe product.

IN CIVIL LAW

policemen. The defendant cannot be held liable, if a bystander is hit as a conse(uence.

CA$SATION 6. DEAT, O+ T,E DE+ENDANT #eath of the defendant does not extinguish the obligation based on (uasi4delict. An action survives even if the defendant dies during the pendency of the case if the case is an action to recover for an injury to persons or property by reason of tort committed by the deceased. It is no defense at all.

7. (RESCRI(TION An action based on (uasi4delict prescribes in four years from the date of the accident. ! Article 114 Civil Code" Relations ;ac& Doctrine An act done at one time is considered by fiction of law to have been done at some antecedent period. ! Allied aning Cor6 vs. CA, 18 " :HAB%':@ A doctor negligently transfused blood to a patient that was contaminated with =ID. If the effect became apparent only after five !1" years, the four !-" year prescriptive period should commence only when it was discovered.

8. INOL$NTARINESS It is a complete defense in (uasi4 delict cases and the defendant is therefore not liable if force was exerted on him. ! Aquino, *orts and =aages" :HAB%':@ 5hen the defendant was forced to drive his vehicle by armed men. =e was, at pain of death, forced to drive at a very fast clip because the armed men were escaping from the

(ro3i"ate Cause That cause which in natural and continuous se(uence, unbro3en by any efficient intervening cause, produces the injury, without which the result would not have occurred. Re"ote Cause That cause which some independent force merely too3 advantage of to accomplish something not the natural effect thereof. Nearest Cause That cause which is the last lin3 in the chain of events6 the nearest in point of time or relation. %roximate cause is not necessarily the nearest cause but that which is the procuring efficient and predominant cause. Concurrent Causes The actor is liable even if the active and substantially simultaneous operation of the effects of a third person


MEMORY AID an efficient cause without which the injury would not have happened, the injury may be attributed to all or any of the causes and recovery may be had against any or all of the responsible persons. 5here the concurrent or successive negligent acts or omissions of two or more persons, although acting independently, are in combination the direct and proximate cause of a single injury to a third person, and it is impossible to determine what proportion each contributed to the injury, either of them is responsible for the whole injury, even though his act alone might not have caused the entire injury6 they become joint tort4 feasors and are solidarily liable for the resulting damage under Article *?- of the $ivil $ode.

NOTE: %rimary cause remains the proximate cause even if there is an intervening cause which merely cooperated with the primary cause and which did not brea3 the chain of causation. Tests of (ro3i"ate Cause *Do-6art test *. $ause4in4fact Test . %olicy Test NOTE: In determining the proximate cause of the injury, it is first necessary to determine if the defendant
IN CIVIL LAW

If the defendant
2. Substantial &actor test The conduct is the cause4in4fact of the damage if it was a su:stantial 9actor in producing the injuries. In order to be a substantial factor in producing the harm, the causes set in motion by the defendant must continue until the moment of the damage or at least down the setting in motion of the final active injurious force which immediately produced or preceded the damage. NOTE: If the defendant

San Beda College of Law 22

MEMORY AID 5hen two or more sets operate simultaneously to produce the effect6 the effect is over4 determined. b. Pre/empti!e causation 5hen, though coming about first in time, one causal set tru6s another potential set lur3ing in the bac3ground6 the causal potency of the latter is frustrated.  0ultiple causation

If there are a number of candidate conditions, which, ta3en one at a time, would not in fact have been sufficient to cause the accident and the accident was a cumulative effect of all the candidate conditions.

(olic* Tests: *. 9oreseea bility Test . Natural and %robable $onse(uence Test 0. Natural and Ordinary or #irect $onse(uence Test -. =indsight Test 1. Orbit of 2is3 Test /. &ubstanti al 9actor Test (olic* Tests "a* 1e di5ided into T
IN CIVIL LAW

#irect conse(uences are those which follow in se(uence from the effect of defendants act upon conditions existing and forces already in operation at the time without intervention of any external forces, which come into active operation later.

Tests alied in t/e (/iliines: New $ivil $ode has a chapter on #amages which specifies the 3ind of damage for which the defendant may be held liable and the extent of damage to be awarded to the plaintiff. Cause%in%fact Tests: *. ut4for test . &ubstantial 9actor test 0. N:&& test (olic* test@ The directne ss approac h is being applied in this jurisdict ion. NOTE: The definition of proximate cause which includes the element of foresight is not consistent with the express provision of the Article  of the New $ivil $ode6 a person may be held liable


San Beda College of Law 22!

MEMORY AID whether the damage to the plaintiff may be unforeseen. Cause and Conditions It is no longer practicable to distinguish between cause and condition. The defendant may be liable even if only created conditions, if the conditions resulted in harm to either person or property. :HAB%':& of =angerous Conditions( *. Those that are inherently dangerous . Those where a person places a thing which is not dangerous in itself in a dangerous position. 0. Those involving products and other things which are dangerous because they are defective.

Efficient Inter5ening Cause One which destroys the causal connection between the negligent act and the injury and thereby negatives liability. There is NO efficient intervening cause if the force created by the negligent act or omission have either@ 1. 2emained active itself, or 2. $reated another force which remained active until it directly caused the result, or 0. $reated a new active ris3 of being acted upon by the active force that caused the result. :HAB%':@ The medical findings, show that the infection of the wound by tetanus was an efficient intervening cause later or between the time >avier was wounded to the time of his death. !!eo6le vs. Rellin 77 !"il 1038" NOTES:

IN CIVIL LAW

 A

cause is not an interveni ng cause if it was already in operatio n at the time the negligent act is committ ed.

 9oreseea

ble interveni ng causes cannot be consider ed sufficient interveni ng causes.  The

intervent ion of unforese en and unexpect ed cause is not sufficient to relieve the wrongdo er from conse(ue nces of negligenc e if such negligenc e directly and proximat ely cooperat es with the independ


San Beda College of Law 2#"

MEMORY AID ent cause in the resulting injury.

CONTRI;$TOR- NEGLIGENCE A. (laintiff@s negligence is t/e cause %laintiff
IN CIVIL LAW

s n e g l i g e n c e m a y h a v e d u p l i c a t i v e e f f e c t , t h a t i t , i t


San Beda College of Law 2#1

MEMORY AID

i s s u f f i c i e n t t o b r i n g a b o u t t h e e f f e c t b u t h i s n e g l

IN CIVIL LAW

i g e n c e o c c u r s s i m u l t a n e o u s l y w i t h t h e d e f e n d a n t 6 t h e



MEMORY AID l a t t e r < s n e g l i g e n c e i s e ( u a l l y s u 9 9 i c i e n t b u t n o t n e c

IN CIVIL LAW

e s s a r  t o b r i n g a b o u t t h e e f f e c t b e c a u s e d a m a g e w o u l d


San Beda College of Law 2##

MEMORY AID

s t i l l h a v e r e s u l t e d d u e t o t h e

IN CIVIL LAW

n t i f f . % l a i n t i f f < s n e g l i g e n c e i s

n e g l i g e n c e

n o t

o f

c o n t r i b u t o r y

t h e p l a i

m e r e l y


San Beda College of Law 2#$

MEMORY AID

IN CIVIL LAW

y b e c a u s e i t i s a c o n c u r r i n g p r o x i m a t e c a u s e . N o r e c o v e r

c a n b e h a d . ! A q u i n o , * o r t s a n d = a  a g e s "

C. (art of t/e sa"e causal set Neither plaintiff


MEMORY AID negligence of the defendant in order to bring about the injury6 determination of proximate cause is only a matter of degree of participation.

D. Defendant@s Negligence is t/e Onl* cause #efendant
IN CIVIL LAW

plaintiff who was also negligent even if his negligence was relatively minor as compared with the wrongful act or omission of the defendant. The doctrine has no role in this jurisdiction where common law concept of contributory negligence has itself been rejected in Article *+? of the $ivil $ode.

2. T/ird ie< There can be no conflict between the doctrine of last clear chance and doctrine of comparative negligence if the former is viewed as a rule or phrase of proximate cause6 =owever, the doctrine of last clear chance is no longer applicable if the force created by the plaintiff


MEMORY AID desires to cause the conse(uences of his act or believes that the conse(uences are substantially certain to result from it.

They are found in $hapter  of the %reliminary Title of the N$$ entitled E=uman 2elationsF. Although this chapter covers negligent acts, the torts mentioned herein are mostly intentional in nature or torts involving malice or bad faith.

,$MAN RELATIONS . (rincile of A1use 'ART.)

of

Rig/ts

Ele"ents: a. 'egal right or duty6 b. The right or duty is exercised in bad faith6 and c. 9or the sole intent of prejudicing or injuring another. : H A B % ' : @ If t h e p ri n c i p a l CIVIL LAW COMMITTEE

IN CIVIL LAW

u n r e a s o n a b l y t e r m i n a t e d a n a g e n c y a g r e e m e n t f o r s e lf i s h r e a s o n s



MEMORY AID . !  a l e n z u e l a v s . C A , 1  0 S C R A 1 " NOTE: This rule is a departure from the traditional view that a person is not liable for damages resulting from the exercise of ones right.

0. Article 0B of t/e Ci5il Code &pea3s of the general sanction for all other provisio ns of law which do not especial ly provide for their own sanction .

IN CIVIL LAW

NOTE: Article  does not distinguish6 the act may be done willfully or negligently. 2. Acts contra 1onus "ores 'Article 0 Ci5il Code) Ele"ents: a. Act which is legal6 b. The act is contrary to morals, good customs, public order or public policy6 and c. The act is done with intent to injure. NOTE: #amages are recoverable even if no positive law was violated. Kinds: a. ;reac/ of ro"ise to "arr*  G$%$RA&

R'&$( reach of promise to marry by itself is not actionable.  $)C$!*+%( In cases where there is another act independent of the breach of promise to marry which gives rise to liability@ *. $ases where there was financial damage. . &ocial humiliation caused to one of the parties. 0. 5here there was moral seduction.

NOTES: seduction, although not  Boral punishable, connotes the idea of deceit, enticement, superior power or abuse of confidence on the part of the seducer to which the woman has yielded. !Gas"e S"oat as" vs. CA"

 &exual intercourse is not by itself a

basis for recovery6 damages could only be awarded if the sexual intercourse is not a product of voluntariness or mutual desire.

1. Seduction
1reac/

of


San Beda College of Law 2#

MEMORY AID

IN CIVIL LAW

&eduction, by itself, is also an act contrary to morals, good customs and public policy.

'iability for damages under the 2%$ and Article -1* of the $ivil $ode re(uires intent or bad faith.

The defendant is liable if he employed deceit, enticement, superior power or abuse of confidence in successfully having sexual intercourse with another even if he satisfied his lust without promising to marry the offended party.

Article -- of the $ivil $ode in relation to Article -1/ does not permit action for damages where the builder, planter, or sower acted in good faith. The landowner is limited to the options given to him under article --, that is to appropriate whatever is built or planted or to compel the builder or planter to purchase the portion encroached upon. !A(uino, Torts and #amages"

It may not even matter that the plaintiff and the defendant are of the same gender.

A builder in good faith who acted negligently may be held liable under Art. *+/ N$$. 2# *res6ass to or de6rivation o9 6ersonal 6ro6ert

c. Se3ual assault #efendant is liable for all forms of sexual assault including crimes defined under the 2%$ as rape, acts of lasciviousness and seduction.

d. Desertion 1* a souse A spouse has a legal obligation to live with hisher spouse. If a spouse does not perform hisher duty to the other, he may be liable for damages for such omission because the same is contrary to law, morals, good customs and public policy.

In the field of tort, extends to all cases where is deprived of his personal even in the absence of liability.

trespass a person property criminal

NOTE: It may cover cases where the defendant was deprived of personal property for the purpose of obtaining possession of real property :HAB%':@ The defendant who was landlord, was held liable because he deprived the plaintiffs, his tenants, of water in order to force them to vacate the lot they were cultivating. !ag:anua vs. +AC 137 SCRA 32" 3# =isconnection o9 electricit or gas service

of

The right to disconnect and deprive the customer, who unreasonably fails to pay his bills, of electricity should be exercised in accordance with the law and rules.

1# *res6ass to andEor de6rivation o9 real 6ro6ert

:xample@ If a company disconnects the electricity service without prior notice as re(uired by the rules, the company commits a tort under Article * N$$.

e. Tresass (roert*

and

Deri5ation

 JIN#&@


San Beda College of Law 2#!

MEMORY AID

f.

An employer may be held liable for damages if the manner of dismissing is contrary to morals good customs and public policy.

A1ortion and 9rongful Deat/ #amages may be recovered by both spouses if@ 1) the abortion was caused through the physician
IN CIVIL LAW

:HAB%':@ 9alse imputation of misdeed to justify dismissal or any similar manner of dismissal which is done abusively.

/. Malicious (rosecution An action for damages brought by one against another whom a criminal prosecution, civil suit, or other legal proceeding has been instituted maliciously and without probable cause, after the termination of such prosecution, suit or proceeding in favor of the defendant therein. The gist of the action is putting legal process in force regularly, for mere purpose of vexation or injury. !=rilon vs. CA ?17@ "

Ele"ents: g. Illegal Dis"issal The right of the employer to dismiss an employee should not be confused with the manner in which the right is exercised and the effects flowing therefrom6 If the dismissal was done anti4 socially and oppressively, the employer should be deemed to have violated Article *+* of the $ivil $ode !which prohibits acts of oppression by either capital or labor against the other" and Article * N$$.

*. The fact of the prosecution and the further fact that the defendant was himself the prosecutor6 and that the action was finally terminated with an ac(uittal6 . That in bringing the action, the prosecutor acted without probable cause6 0. The prosecutor was actuated or impelled by legal malice.

NOTES: Balice is the inexcusable intent to injure, oppress, vex, annoy or humiliate.


San Beda College of Law 2$"

MEMORY AID %resence of probable cause signifies absence of malice. Absence of malice signifies good faith on the part of the defendant6 good faith may even be based on mista3e of law. Ac(uittal presupposes that a criminal information is filed in court and final judgment rendered dismissing the case6 nevertheless, prior ac(uittal may include dismissal by the prosecutor after preliminary investigation. !Glo:e aca and Radio Cor6. vs. CAF anila Gas Cor6 vs. CA"

i.

(u1lic ,u"iliation #amages may be awarded in cases where the plaintiff suffered humiliation through the positive acts of the defendant directed against the plaintiff. :xample@ The defendant was held liable for damages under Art. * for slapping the plaintiff in public. !!atricio vs. Bon. scar &eviste, ?18@ "

NOTES: Cnder Article *, damages are recover able even though no

IN CIVIL LAW

positive law was violated . An action can only prosper when damage, material or otherwis e, was suffered by the plaintiff . An action based on Articles *?4* will be dismisse d if the plaintiff merely see3s recogn itionH. Cnder Articles *? and *, the defenda nt may li3ewise be guilty of a tort even if he acted in good 9ait". !Grand 'nion Su6er aret vs. $s6ino"

TORTS AGAINST ,$MAN DIGNITT-(ES:


San Beda College of Law 2$1

MEMORY AID . iolation of t/e rig/t of ri5ac* Reasona:leness o9 a 6ersons e56ectation o9 6rivac de6ends on a tDo-6art test( a" 5hether by his conduct, the individual has exhibited an expectation of privacy. b" 5hether this expectation is one that the society recogniGes as reasonable. NOTES:  G$%$RA& R'&$ @ 2ight to privacy can be invo3ed only by natural persons6 >uridical persons cannot invo3e such right because the entire basis of right to privacy is an injury to the feelings and sensibilities of a party, a corporation would have no such ground.  $)C$!*+%( 2ight against unreasonable searches and seiGure can be invo3ed by a juridical entity.  G$%$RA&

R'&$ @ 2ight to privacy is purely personal in nature, hence@ *" It can be invo3ed only by the person whose privacy is claimed to have been violated. " It can be subject to waiver of the person whose privacy is sought to be intruded into. 0" The right ceases upon the death of the person.  $)C$!*+%( A privilege may be given to the surviving relatives of a deceased person to protect his memory but the privilege exist for the benefit of the living, to protect their feelings and to prevent the violation of their own rights in the character and memory of the deceased.  &tandard to be

applied in determining if there was a violation of the right is that of a 6erson Dit" ordinar sensi:ilities. It is relative to the customs of time

IN CIVIL LAW

and place and is determined by the norm of an ordinary person.

+our T*es of In5asion of (ri5ac* a. Intrusio n upon plaintiffs seclusion or solitue or into his pri!ate affairs It is not limited to cases where the defendant physically trespassed into another


MEMORY AID

b.

Publicat ion of Embarrassin" (ri5ate +acts Re!uisites: *. %ublicity is given to any private or purely personal information about a person6 2. 5ithout the latter
%C'I$ 9I)C2: 4 A person, who by his accomplishments, fame or mode of living or by adopting a profession or calling which gives the public a legitimate interest in his doings, his affairs and his character.

NOTE: %ublic figures, most especially those holding responsible positions in government enjoy a ore liited right to privacy compared to ordinary individuals. The interest sought to be protected is the right to be free from unwarranted publicity, from the wrongful publiciGing of the private affairs and activities of an individual which are outside the realm of legitimate public concern. The publication of facts derived from the records of official proceedings which are not otherwise declared by law as confidential, cannot be considered a tortious conduct.

c. Publicit ( $hich places a person in a false li"ht in the public e(e The interest to be protected in this tort is the interest of the individual in not being made to appear before the public in an objectionable false light or false position. :HAB%':@ #efendant was held liable for damages when he published an

IN CIVIL LAW

unauthoriGed biography of a famous baseball player exaggerating his feats on the baseball field, portraying him as a war hero. ! S6a"n vs. essner " If the publicity given to the plaintiff is defamatory, hence an action for libel is also warranted6 the action for invasion of privacy will afford an alternative remedy. Bay be committed by the media by distorting a news report.

Tort of (utting Anot/er in +alse Lig/t

Defa"ation

1. As to "ra!amen of claim The gravamen of The gravamen of claim is not the claim is the reputa4 reputational harm tional harm but rather the embarrassment of a person being made into some4thing he is not 2. As to publication The statement should %ublication is be actually made in satisfied if a letter is public sent to a third person 3. As to the efamator( character of the statements #efendant may still 5hat is published be held liable even if lowers the esteem in the statements tells which the plaintiff is something good held about the plaintiff

. Commer cial appropriation of lieness The unwarranted publication of a person

San Beda College of Law 2$#

MEMORY AID The gist of the tort is an interference with one spouse
2. Intriguing to Cause Alienation 4. e3ation and ,u"iliation #iscrimination against a person on account of his physical defect, which causes emotional distress, may result in liability on the part of the offending party. &exual =arassment falls under this category. 4 a civil action separate and distinct from the criminal action may be commenced under 2A +++. 4  types of &exual harassment@ a" (uid pro (uo cases b" hostile environment cases TORTS 9IT, INDE(ENDENT CIIL ACTIONS . iolation of ci5il and olitical rig/ts 'Article 20) Although the same normally involves intentional acts, it can also be committed through negligence. %ublic officer who is a defendant cannot escape liability under the doctrine of state immunity6 the said doctrine applies only if acts involved are done by officers in the performance of their official duty within the ambit of their powers6 officers do not act within the ambit of their powers if they violate the constitutional rights of persons.

IN CIVIL LAW

0. Defa"ation= +raud= and (/*sical in>uries 'Article 22) A. -efamation #efamation is an invasion of the interest in reputation and good name, by communication to others which tends to diminish the esteem in which the plaintiff is held, or to excite adverse feelings or opinion against him. Includes the crime of libel and slander. 2%$ considers the statement defamatory if it is an imputation of circumstance tending to cause the dishonor, discredit or contempt of natural or juridical person or to blac3en the memory of one who is dead. Re!uisites for one to 1e lia1le for defa"ator* i"utations: a. It must be defamatory b. It must be malicious c. It must be given publicity d. The victim must be identifiable NOTES: 

Test in determining the defamatory character of the imputation@ A charge is sufficient if the words are calculated to induce the hearers to suppose and understand that the persons against whom they were uttered were guilty of a certain offense, or are sufficient to impeach their honesty, virtue, or reputation, or to hold the persons up to public ridicule.  #issemination to a number of persons

is not re(uired, communication to a single individual is sufficient publication.  G$%$RA& R'&$( :very defamatory imputation is presumed to be malicious, even if it be true, if no good intention or justifiable motive for ma3ing it is shown.  $)C$!*+%S( *. A private communication made by any person to another in the performance of any legal, moral or social duty6 and


San Beda College of Law 2$$

MEMORY AID . A fair and true report, made in good faith, without any comments or remar3s, of any judicial, legislative or other official proceedings which are not of confidential nature, or of any statement, report, or speech delivered in said proceedings or of any other act performed by public officers in the exercise of their functions.

It is not sufficient that the offended party recogniGed himself as the person attac3ed or defamed, it must be shown that at least a third person could identify him as the object of the libelous publication. In order to escape liability, the defendant may claim that the statements made are privileged.

T
. &rau Ele"ents of deceit *"The defendant must have made false representation to the plaintiff "The representation must be one of fact 0"The defendant must 3now that the representation is false or be rec3less about whether it is false -"The defendant must have acted on the false representation 1"The defendant must have intended that the false representation should be acted on /"The plaintiff must have suffered damage as a result of acting on the false representation

IN CIVIL LAW

Bal9-trut"s are li3ewise included6 it is actionable if the withholding of that which is not stated ma3es that which is stated absolutely false. Bisrepresentati on upon a mere matter of opinion is not an actionable deceit.

C.

Ph(sical in*uries attery 8 an intentional infliction of a harmful or offensive bodily contact6 bodily contact is offensive if it offends a reasonable person


MEMORY AID %ersons liable are the principal, accomplice and accessories. It includes restitution, reparation of damages and indemnification of conse(uential damages. The rule on proximate cause in (uasi4delict cases is applicable to cases involving civil liability arising from delict. Art. , N$$

Circu"stances affecting Ci5il Lia1ilit* . ustif*ing circu"stances #efendant is free from civil liability if justifying circumstances are properly establishes. 0. E3e"ting Circu"stances They do not erase the civil liability. 2. Mitigating and Aggra5ating Circu"stances #amages to be adjudicated may either be decreased or increased depending on the presence of mitigating or aggravating circumstances.

Effect of Deat/ A. #:AT= A9T:2 9INA' >C#)B:NT@ extinguishes criminal liability of the person liable but will not extinguish the civil liability. . #:AT= :9O2: 9INA' >C#)B:NT@  G$%$RA& R'&$ @ The defendant is relieved from both criminal and civil liability arising from criminal liability.  $)C$!*+%( In case of libel and physical injuries wherein the plaintiff initially opted to claim damages in the criminal proceeding can file another case under Article 33 o9 t"e Civil Code.

Effect of (ardon %ardon does not erase civil liability. 5hile pardon removes the existence of guilt so that in the eyes of the law the offender is deemed innocent and treated as

IN CIVIL LAW

though he never committed the offence, it does not operate to remove all the effects of the previous conviction.

DE+ENDANTS IN TORT CASES Concurrent Negligence or Acts . oint Tort%feasors All the persons who command, instigate, promote, encourage, advice, countenance, cooperate in, aid, or abet the commission of a tort, or who approve of it after it is done, if done for their benefit6 they are each liable as a principal, to the same extent and in the same manner as if they have performed the wrongful act themselves. The responsibility of two or more persons liable for (uasi4delict is solidary ! Article 21 Civil Code"6 they are not liable pro rata, they are jointly and severally liable for the whole amount.

0. Motor 5e/icle "is/as The owner is solidarily liable with the driver, if the former, who was in the vehicle, could have, by the use of due diligence, prevented the misfortune. ! Article 218 Civil Code" &olidary liability is imposed on the owner not because of his imputed liability but because his own omission is a concurring proximate cause of the injury. icarious Lia1ilit* I"uted Negligence

or

Doctrine

of



MEMORY AID A person is not only liable for torts committed by himself, but also for torts committed by others with whom he has a certain relation or for whom he is responsible. ! Article 2180 Civil Code" :xercise of diligence of a good father of a family to prevent damage is a defense.

Doctrine of Responeat Superior 8 the liability is strictly imputed, the employer is liable not because of his act or omission but because of the act or omission of the employee6 employer cannot escape liability by claiming that he exercised due diligence in the selection or supervision of the employee.  G$%$RA& R'&$( Dicarious liability in the %hilippines is not governed by the doctrine of res6ondeat su6erior 6 employers or parents are made liable not only because of the negligent or wrongful act of the person for whom they are responsible but also because of their own negligence@ *" 'iability is imposed on the employer because he failed to exercise due diligence in the selection or supervision of the employee " %arents are made liable because they failed to exercise due diligence  $)C$!*+%( #octrine of res6ondeat su6erior is applicable in@ *" liability of employers under Article *0 of the 2%$ " liability of a partnership for the tort committed by a partner (ersons icariousl* Lia1le: ' Article 214 of the Ci!il Coe5 . T/e +at/er= or in case of deat/ or incaacit*= "ot/er 9or damage caused by@ a" minor children b" living in their company

IN CIVIL LAW

This has already been modified by Art. * of the 9amily $ode to the extent that the alternative (ualification of the liability of the father and the mother has been removed.

NOTES:  The basis of liability for the

acts or omissions of their minor children is the parental authority that they exercise over them, except for children * to *.  The same foreseability test

of negligence should apply to parents when they are sought to be held liable under Art. *, N$$  The liability is not limited to

parents, the same is also imposed on those exercising substitute and special parental authority, i.e., guardian.  The liability is present only

both under Art * of the N$$ and Art * of the 9amily $ode if the child is living in his parents< company.  %arental authority is not the

sole basis of liability. A teacher in charge is still liable for the acts of their students even if the minor student reaches the age of majority.  The parents or guardians can

still be held liable even if the minor is already emancipated provided that he is below * years of age.  %arents and other persons

exercising parental authority can escape liability by proving that they observed all the diligence of a good father of a family to prevent damages. !Art. *"



MEMORY AID  The burden of proof rests on

the parents and persons exercising parental authority.

0. Guardians 9or damage caused by a. minors or incapacitated persons b. under their authority c. living in their company 2. O
IN CIVIL LAW

an employee, however does not affect the liability of an employer. !alenzuela vs. CA, 23 SCRA 303"  It is a defense that the employer

exercised proper diligence in the selection and supervision of negligent employee.

6. State 9or damage caused by@ a" a special agent b) not when the damage has been caused by the official to whom the tas3 done properly pertains %ublic officers who are guilty of tortuous conduct are personally liable for their actions.

4. E"lo*ers 9or damages cause by@ a" employees and household helpers b" acting within the scope of their assigned tas3s c" even if the employer is not engaged in any business or industry

NOTES:  'iability of the employer can be

established by proving the existence of an employer4employee relationship with the actor and the latter caused the injury while performing his assigned tas3 or functions.  The vicarious liability attaches only

when the tortuous conduct of the employees relates to or is in the course of his employment.  5hile

the employer incurs no liability when an employee
7. Sc/ools= Teac/ers and Ad"inistrators 9or damage caused by@ a" pupils and students or apprentices b" in their custody statutor :asis@ if student is minor 8 Art. *?, 9$  if student is no longer a minor 8 Art. *, $ivil $ode NOTES:  Applies also to teachers of

academic institutions.  'iability

attaches teacher4in4charge.

to

the

 The

school itself is now solidarily liable with the teacher4 in4charge.  The liability extends to acts

committed even outside the school so long as it is an official activity of the school.  5henever

the school or teacher is being made liable, the parents and those exercising substitute parental authority are


San Beda College of Law 2$

MEMORY AID not free from liability because Art. *? of the 9amily $ode expressly provides that they are subsidiarily liable.  Art. *

ma3es teachers and heads liable for acts of students and apprentices whether the latter are minors or not.

 G$%$RA&

R'&$( The teacher4in4charge is liable for the acts of his students. The school and administrators are not liable.  $)C$!*+%( It is only the head of the school, not the teacher who is held liable where the injury is caused in a school of arts and trade. 

The liability of the teacher subsists whether the school is academic or non4 academic. 

'iability is imposed only if the pupil is already in the custody of the teacher or head. The student is in the custody of the school authorities as longs as he is under the control and influence of the school and within its premises whether the semester had not yet begun or has already ended. 

The victim of negligence is li3ewise re(uired to exercise due care in avoiding injury to himself.

Ot/er (ersons icariousl* Lia1le: . Inn&eeers and ,otel&eeers They are ci!ill( liable for crimes committed in their establishments in cases of violations of statutes by them, in default of persons criminally liable. ! Article 102 Revised !enal Code" They are subsiiaril( liable for the restitution of goods CIVIL LAW COMMITTEE

IN CIVIL LAW

ta3en by robbery or theft within their houses from guests lodging therein, or for payment of the value thereof, provided that@ a. The inn3eeper was notified in advance of the deposit of such goods within the inn6 and b. The guest shall have followed the directions which such inn3eeper or his representati ve may have given with respect to the care and vigilance over the goods.

0. (artners/i %artnership or every partner is liable for torts committed by one of the partners acting Dit"in t"e sco6e o9 t"e 9ir :usiness, though they do not participate in, ratify, or have 3nowledge of such torts. %artners are liable as joint tort4feasors. Dicarious liability is similar to the common law rule on res6ondeat su6erior . 'iability is entirely imputed and the partnership cannot obviously invo3e diligence in the selection and supervision of the partner. 2. Souses


San Beda College of Law 2$!

MEMORY AID a.

a:solu te co unit o9 6ro6er t The absolute community property shall be for liabilities incurred by either spouses by reason of crime or (uasi4 delict in case of absence or insufficiency of the exclusive property of the debtor4spouse. ! Article  ;ail Code"

:.

 G$%$RA&

%ayments shall be considered advances to be deducted from the share of the debtor spouse upon li(uidation of the community. conug al 6artne rs"i6 o9 gains

R'&$( %ecuniary indemni4ties imposed upon the husband or wife are not chargeable against the conjugal partnership but against the separate properties of the wrongdoer. $onjugal partnership  $)C$!*+%( should be made liable@ *" 5hen the profits have inured to the benefit of the

c.

IN CIVIL LAW

partners hip, or " If one of the spouses committ ed the tort while performi ng a business or if the act was supposed to benefit the partners hip. regi e o9 se6ara tion o9 6ro6er t

:ach

spouse is responsible for hisher separate obligation.

C. STRICT LIA;ILIT5hen the person is made liable independent of fault or negligence upon submission of proof of certain facts specified by law. &trict liability tort can be NOTE: committed even if reasonable care was exercised and regardless of the state of mind of the actor at that time. T-(ES: . Ani"als  G $%$RA&

R'&$( The possessor of an animal or whoever may ma3e use of the same is responsible for the damages which it may cause although it may escape or be lost.  $)C$!*+%( 5hen the damage was caused by force majeure or by the person who suffered the damage. ! Article 2183 Civil Code"


San Beda College of Law 25"

MEMORY AID

IN CIVIL LAW

NOTES:  If

the acts of a third person cannot be foreseen or prevente d, then the situation is similar to that of force majeure and the possessor is not liable. !;rancisc o, *orts and =aages "

 Art. *0

is applicabl e whether the animal is domestic , domestic ated, or wild.

0. +alling o1>ects 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. ! Article 213 Civil Code" The term E"ead o9 t"e 9ail F is not limited to the owner of the building, and it may even include the lessee thereof. !=ingcong vs. Ianaan, 72 !"il 1"

2. Lia1ilit* of e"lo*ers Article *+** of the N$$ imposes an obligation on owners of enterprises and other employers to pay for the death or injuries to their employees. 'iability is strict because it exists even if the cause is purely accidental. If the mishap was due to the employee
4. Nuisance Any act, omission, establishment, business, condition of property, or anything else which@ a. Injures or endangers the health or safety of others6 b. Annoys or offends the senses6 c. &hoc3s, defies or disregards decency or morality6 d. Obstructs or interferes with the free passage of any public highway or street, or any body of water6 or



MEMORY AID e. =inders or impairs the user of property. ! Article 4 Civil Code" There is strict liability on the part of the owner or possessor of the property where a nuisance is found because he is obliged to abate the same irrespective of the presence or absence of fault or negligence. :very 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 therefore in the same manner as the one who created it. ! Article 484 Civil Code"

6. (roduct lia1ilit* 1* "anufacturers Banufacturers and processors of foodstuffs, drin3s, 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. ! Article 2187 Civil Code"

Ot/er cases of lia1ilit*
IN CIVIL LAW

or inade(uate information on the use and haGards thereof. 4. :ven when an act or event causing damage to another
(ROD$CT AND SERICE LIA;ILITAlternati5e t/eories on 1asis of lia1ilit* 1. &rau or misrepresentation Not all expression of opinion are actionable misrepresentations if they are established to be inaccurate.

2. 6arranties The $onsumer Act recogniGes that the provisions of the $ivil $ode on conditions and warranties shall govern all contracts of sale with conditions and warranties. 2etailer shall be subsidiarily liable under the warranty in case of failure of both the manufacturer and distributor to honor the warranty. %rivity of contract is not necessary. 3. ,e"li"ence In product liability law, certain standards are already imposed by special laws, rules and regulations of proper government agencies6 certain acts or omissions are expressly prohibited by the statutes thereby ma3ing violation thereof negligence per se. It is negligence per se if manufacturer manufactured products which do not comply with the safety standards



MEMORY AID promulgated by appropriate government agencies.

7. -elict The liability may be based on criminal negli4gence under the 2%$ or violation of any special law. 8. Strict liabilit( Banufacturers and processors of foodstuffs, drin3s, 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. ! Article 2187 Civil Code" %rivity of contract is not re(uired. It does not preclude an action based on negligence !(uasi4delict" for the same act of using noxious or harmful substances.

Article ?+ and ?? of the $onsumer Act imposes liability on defective products and services upon manufacturers independent of fault. Jnowledge of the manufacturer is not important6 the focus is on the condition of the product and not on the conduct of the manufacturer or seller.

DE+ENSES: A. The manufacturer, builder, producer, or importer shall not be liable when it evidences@ *" That it did not place the product on the mar3et

IN CIVIL LAW

" That although it did place the product on the mar3et such product had no defect 3) That the consumer of third party is solely at fault. ! Article 7 Consuer Act" . The supplier of the services shall not be held liable when it is proven@ *" That there is no defect in the service rendered 2) That the consumer of third party is solely at fault. ! Article  Consuer Act" The Re!uisites: plaintiff should allege and prove that@ *" The product was defective6 " The product was manufactured by the defendant6 0" The defective product was the cause of his injury. 4 KINDS O+ DE+ECTIE (ROD$CTS *. manufacturing defect . design defect 0. presentation defect -. absence of appropriate warning

;$SINESS TORTS . Interference of contracts

Elements% a. existence of a valid contract b. 3nowledge on the part of the third person of the existence of the contract c. interference of the third person without legal justification. The existenc e of a contract is necessar y and the breach must occur because of the alleged act of


San Beda College of Law 25#

MEMORY AID interfer ence6 No action can be maintai ned if the contract is void.

the defendant is only being sued for inducing another not to enter into a contract.

2. $nfair co"etition. Cnfair $ompetition in agricultural, commercial, or industrial enterprises, or in labor, through the use of force, intimidation , deceit, machination or any unjust or oppressive or highhanded method shall give rise to a right of action by a person who thereby suffers damage. ! Article 27 Civil Code"

Balice is not essentia l.

Ele"ent s of ri5ileg e to interfer e *"The defendant
IN CIVIL LAW

a. b. c. d.

$A&:& IN$'C#:#: passing off and disparagement of products interference misappropriation monopolies and predatory pricing

4. Securities Related Torts Kinds a. 9raudulent Transactions b. Bisstatements or Omission of statement of a material fact re(uired to be stated #efendants are free from liability if they can prove that at the time of the ac(uisition the plaintiff 3new of the untrue statement or if he was aware of the falsity. E3tent of Da"ages: Not exceeding triple the amount of the transaction. (rescriti5e (eriod: Action must be brought within  years after discovery of facts constituting the cause of action and within 1 yrs after such cause of action accrued. II.

DAMAGES

DAMAGE


San Beda College of Law 25$

MEMORY AID The detriment, injury or loss which are occasioned by reason of fault of another in the property or person.

DAMAGES The pecuniary compensation, recompense or satisfaction for an injury sustained or as otherwise expressed, the pecuniary conse(uences which the law imposes for the breach of some duty or violation of some rights.

DAMN$M A;S#$E >it"out +nur#

IN$RIA

/=aage

A person may have suffered physical hurt or injury, but for as long as no legal injury or wrong has been done, there is no liability.

There is no liability even if there is damage because there was no injury.

There can be damage without injury. In order that a plaintiff may maintain an action for the injuries of which he complains, he must establish that such injuries resulted from a breach of duty which the defendant owed to the plaintiff.

In>ur*

Da"age

Da"ages

'egal invasion of a legal right

'oss, hurt or harm which results from the injury

The recom4 pense or compensation awarded for the damage suffered

NOTES: 

A complaint for damages is a personal

IN CIVIL LAW

action. !aritua vs. CA, 247 SCRA 331" 

%roof of pecuniary loss is necessary to successfully recover actual damages from the defendant. No proof of pecuniary loss is necessary in case of moral, nominal, temperate, li(uidated or exemplary damages. 

The assessment of such damages, except li(uidated ones, is left to the discretion of the court according to the circumstances of each case.

Kinds of da"ages 'MANTLE) 1. Actual or $ompensatory Moral 2. 3. Nominal 4. Temperate or moderate Li(uidated 5. 6. Exemplary or corrective A. ACT$AL OR COM(ENSATORDAMAGES $omprehends not only the value of the loss suffered but also that of the profits which the obligee failed to obtain. Classification: 1. = ano eergente 8 loss of what a person already possesses 2. & ucro cessante 8 failure to receive as a benefit that would have pertained to him NOTE: The latter type includes@ *. 'oss or impairment of earning capacity in cases of temporary or permanent personal injury. . Injury to the plaintiff


MEMORY AID necessary that such damages have been foreseen or could have reasonably foreseen by the defendant. ! Article 2202 Civil Code" The amount should be that which would put plaintiff in the same position as he would have been if he had not sustained the wrong for which he is now getting his compensation or reparation. To recover damages, the amount of loss must not only be capable of proof but must actually be proven. Cncertainty as to the precise amount is not necessarily fatal.

LOSS O+ EARNING CA(ACIT-: aria:les considered are( *. life expectancy . net incomeearnings +or"ula@ L0 x !8age of death"M x mo. :arnings x * 

NOTE:  'ife expectancy is computed as follows@  0?2 3 'B%age at deat/) F  Net earnings is the total of the earnings less expenses necessary for the creation of such earnings and less living or other incidental expenses. Loss of rofits Bay be determined by considering the average profit for the preceding years multiplied by the number of years during which the business was affected by the wrongful act or breach. Attorne*@s fees They are actual damages. It is due to the plaintiff and not to the counsel. %laintiff must allege the basis of his claim for attorney
IN CIVIL LAW

Award of interest in the concept of actual and compensatory damages actual damages. The rate of interest, as well as the accrual thereof is imposed as follows@ *. 5hen the obligation is breached and it consist of payment of sum of money, i.e., a loan or forbearance of money@ a. The interest due should be that which may have been stipulated in writing6 furthermore, the interest due shall itself earn legal interest from the time it is judicially demanded. b. In the absence of stipulation, the rate of interest shall be * per annum to be computed from default, i.e., from judicial or extra4judicial demand under and subject to the provisions of Article **/? of the $ivil $ode. . 5hen the obligation, not constituting a loan or forbearance or money, is breached@ An interest on the amount of damages to be awarded may be imposed at the discretion of the court at the rate of / per annum. No interest shall be adjudged on unli(uidated claims or damages, except when or until demand can be established with reasonable certainty. 5here the demand is established with reasonable certainty, the interest shall begin to run from the time the claim is made judicially or extrajudicially. 0. 5hen the judgment of the court awarding the sum of money becomes final and executory, the rate of legal interest shall be *



MEMORY AID per annum from such finality until its satisfaction.

Doctrine of A5oida1le Conse!uences A party cannot recover damages flowing from conse(uences which the party could reasonably have avoided. It has a reasonable corollary@ a person who reasonably attempts to minimiGe his damages can recover the expenses that he incurred.

Doctrine of A5oida1le Conse!uences Acts of the plaintiff occur after the act or omission of the defendant

IN CIVIL LAW

-. The damages is predicated on the cases cited in Art.*?.

NOTE: The award of moral damages cannot be granted in favor of a corporation because, being an artificial person, it has no feelings, no emotions, no senses. It cannot therefore experience physical suffering and mental anguish which can be experienced only by one having a nervous system.

Contri1utor* Negligence %laintiff
;. MORAL DAMAGES Includes physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded feelings, moral shoc3, social humiliation, and similar injury. No proof of pecuniary loss is necessary.  G$%$RA& R'&$( The plaintiff must allege and prove@ 1. The factual basis for moral damages6 and . Its causal relation to the defendant
C. DAMAGES

NOMINAL

Nominal damages are adjudicated in order that a right of the plaintiff, which has been violated or invaded by the defendant, may be vindicated or recogniGed, and not for the purpose of indemnifying the plaintiff for any loss suffered by him. !Article* $ivil $ode" &mall sums fixed by the court without regard to the extent of the harm done to the injured party. 'aw presumes damage although actual or compensatory damages are not proven. They are damages in name only and are allowed simply in recognition of a technical injury based on a violation of a legal right. Nominal damages cannot co4exist with actual or compensatory damages.

D. TEM(ERATE OR MODERATE DAMAGES These are damages, which are more than nominal but less than compensatory, and may be recovered when the court finds that some pecuniary loss has been suffered but its amount cannot be proved with certainty. ! Article 222 Civil Code"


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